FLOWER MOUND PLANNING & ZONING COMMISSION MEETING OF SEPTEMBER 9, 2013
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THE FLOWER MOUND PLANNING & ZONING COMMISSION MEETING HELD ON THE
9TH DAY OF SEPTEMBER, 2013, IN THE FLOWER MOUND TOWN HALL, LOCATED
AT 2121 CROSS TIMBERS ROAD IN THE TOWN OF FLOWER MOUND, COUNTY OF
DENTON, TEXAS, AT 6:30 PM
The Planning & Zoning Commission met in a work session and regular session with
the following members present:
Tom Goss
Mike McCall
Eddie White
Crystal Levonius
Claudio Forest
Perfecto Solis
Don McDaniel
Chair
Vice Chair
Commissioner,
Commissioner,
Commissioner,
Commissioner,
Commissioner,
Place
Place
Place
Place
Place
1 (Arrived at 6:23 pm)
2
4
7
9
Constituting a quorum with the following member absent:
Vacant
Angie Cox
Commissioner, Place 5
Commissioner, Place 8
Places 8 and 9 of the Commission do not vote on items unless they sit in place of
one of the regular members, Places 1-7.)
And the following members of Town staff present:
Alan Lathrom
Doug Powell
Chuck Russell
Robert Pegg
Poornima Srinarasi
Cindi Price
i.
Town Attorney
Executive Director
Planning Manager
Engineering Manager
Planner
Executive Assistant
WORK SESSION: 6:00 P.M.
a. Presentation and discussion regarding the East/West Connector Study
between Long Prairie Road (FM 2499) and Old Settlers Road with an
emphasis on Sagebrush Drive.
Presenter
Matt Hotelling, Traffic Engineer
Comments and Discussion
Commissioner McDaniel asked what the neighbors wanted.
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Mr. Hotelling said staff was told they wanted it improved; they felt the 20foot roadway was not safe, especially with the school buses and UPS trucks; and
they preferred the Urban Collector option.
Chair Goss asked if a change in the traffic volume or flow on Sagebrush was
anticipated once the Flower Mound High School construction was over.
Mr. Hotelling said there might be a little more traffic because of the location of
the Ninth Grade Center and parents taking the students to school, but the overall
traffic for the high school would probably stay the same as today.
Commissioner Levonius asked for the timeframe for the 4,500 traffic count.
Mr. Hotelling said it was a daily count.
Commissioner Solis asked how approval of this would affect the Archangel
project and those kinds of things from a timing standpoint.
Mr. Hotelling said if this was added to the Thoroughfare Plan, then there
would be a CIP amendment later this fall, and they would start the design on the
roadway around December. It would probably be the next fiscal year when they
started construction. He did not know how fast Archangel would be moving.
Commissioner McDaniel asked whether the turn lanes on the east and west
ends would be left-in straight or right-in straight.
Mr. Hotelling said there would be a left-only, a through-only, and a right-only.
Vice Chair McCall said he travelled that road daily, and thought it was much
needed and a wonderful idea.
Commissioner McDaniel asked Tom Walker, the Transportation Commission
Chair, why they had put off the Firewheel extension for so long.
Chair Walker said there were a couple of issues: 1) crossing the wetlands and
creek in that area with possibly three bridges, which would be a significant increase
in cost; and 2) getting the access rights from the landowner.
Commissioner McDaniel commented the Firewheel extension solved the SPA 2
problem in many ways, so rolling those two things together would help everything
move forward. His recommendation was for the Firewheel extension to be moved up
and not put so far out in the future.
Chair Walker agreed on doing something with Sagebrush now.
A.
CALL TO ORDER – REGULAR SESSION
Chair Goss called the regular session to order at 6:30 p.m.
FLOWER MOUND PLANNING & ZONING COMMISSION MEETING OF SEPTEMBER 9, 2013
B.
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INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Solis led the invocation and Commissioner Forest led the Pledge
of Allegiance.
C.
PRESENTATION
•
Presentation and update on the process for reviewing the Town’s Land
Use Plan.
Presenter
Tommy Dalton, Director of Strategic Services
Comments and Discussion
Chair Goss encouraged everyone to take advantage of the process and to post
their thoughts.
D.
CITIZENS/VISITORS COMMENTS
There were none.
E.
COMMISSION MEMBER ANNOUNCEMENTS
Chair Goss announced that effective September 1, HOAs in Texas could no
longer prevent homeowners from planting native and drought tolerant plants. The
goal was to reduce water usage for landscaping. Information could be obtained from
the Lady Bird Johnson website. Also, he reminded the commissioners that elections
for chair and vice chair were coming up in October, in case they were interested in
serving in either of those positions.
F.
REGULAR ITEMS
1. Consider approval of the minutes of the July 18, 2013, Joint Town
Council and Planning and Zoning Commission Work Session.
Commission Deliberation
Vice Chair McCall moved to approve the July 18, 2013, minutes as
presented. Commissioner Forest seconded the motion.
VOTE ON THE MOTION
AYES:
Forest, White, McCall, Solis
NAYS:
None
ABSTAIN:
McDaniel, Levonius
FLOWER MOUND PLANNING & ZONING COMMISSION MEETING OF SEPTEMBER 9, 2013
ABSENT:
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None
The motion passed with a vote of 4-0-2.
2. Consider approval of the minutes of the August 26, 2013, Planning and
Zoning Commission Regular Session.
Commission Deliberation
Commissioner McDaniel moved to approve the August 26, 2013, minutes as
presented. Vice Chair McCall seconded the motion.
VOTE ON THE MOTION
AYES:
Levonius, McDaniel, McCall, White, Forest
NAYS:
None
ABSTAIN:
Solis
ABSENT:
None
The motion passed with a vote of 5-0-1.
3. Public Hearing to consider a request for rezoning (ZPD 13-0009 – Lakeside
DFW) from Single-Family District-10 (SF-10) uses to Planned Development
District No. 130 (PD-130) with Single-Family District-10 (SF-10) uses.
The property is generally located west of Surrey Lane and south of Solano
Drive.
Staff Presentation
Poornima Srinarasi, Planner
Applicant Presentation
Dan Quinto, Roaring Brook Development Company, Southlake
Questions and Discussion
Chair Goss asked about the separation between the northernmost lot and its
three-story house and the existing neighbor to the north. He said when that person
bought their property, they probably did not expect a house to be within five feet of
their property line.
Mr. Quinto said the fence regulations throughout Lakeside would apply there,
so it would be a six-foot wood fence. Ten feet would have been the existing rule.
Commissioner McDaniel asked if they had talked to the existing property
owners.
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[Mr. Quinto asked the question off microphone to Mr. Brian Leek with Realty
Capital, seated in the audience. The response was inaudible.]
Commissioner Levonius asked for the reason for the request.
Mr. Quinto said they wanted to incorporate the lots into the Lakeside
development.
Commissioner Levonius asked why they could not be incorporated under the
existing rules.
Mr. Quinto explained the rules did not permit the product line, the special
prototypes the builders were developing for the Lakeside development. They wanted
to be consistent in terms of appearance, character, materials, design, and price point.
The new floor plans were specific to this development, and each of the floor plans
had three or four different front elevations, since their rules required that no elevation
could be repeated within five lots in either direction or three lots across the street.
They also defined the bricks and stone, the window mullions, the landscaping, and
that it be pedestrian-friendly and not a car-dominant environment.
rules.
Commissioner Levonius said, and that could not be done under the existing
Mr. Quinto answered no.
Commissioner McDaniel said he understood this was a gateway property
going south on Surrey and into the Lakeside development, and there was a need for
starting the transition. He was fine with making the modifications, so it visually
worked. He just wanted to make sure they were respecting the property owners
who were already there. He asked for confirmation they would concede the 10-foot
setback for the neighbor to the north in this plan.
Mr. Quinto said yes.
Commissioner White asked again if they had discussions with that property
owner and they knew what was going on.
Brian Leek, Realty Capital, said they spoke to each adjacent landowner and
got their feedback. The issue did not come up with the two property owners to the
north. One was concerned about the junk trees growing over the fence, and the
other wanted to keep a big tree near the fence line. They told him they did not know
if the tree could be saved, but it was their intention to try to save it, subject to the
Town’s tree ordinance.
Commissioner McDaniel asked if the reduction in setback to five feet from ten
feet was pointed out to them.
Mr. Leek said the exhibit showed that, but it did not come up.
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In Favor – None
In Opposition –
Sandeep Sharma, 2504 Stillwater Court, Flower Mound
Close Public Hearing
Commission Deliberation
Commissioner McDaniel asked if they planned to do anything to denote this
was entering Lakeside and leaving the other area, for example, with a masonry wall.
Mr. Quinto said they had talked about a signage program at every entry point,
so that could be one category. Landscaping could be another category. They had
not discussed putting a masonry wall there.
Chuck Russell, Planning Manager, said he wanted to clarify the request for the
record. It was noted the request was for 60 feet minimum lot width, but their exhibit
was showing 65 feet.
Mr. Quinto confirmed the request was for 60 feet, but they wanted to have a
little leeway to adjust the property lines. He explained there were two enormous
trees on one of the property lines, which they would like to save, if possible. If the
property widths were exactly 65 feet, there would be no flexibility to adjust the
swale to miss the trees.
wide.
Chair Goss said he was confused. He asked if all four lots would be 60-footMr. Quinto said no.
Chair Goss said, plus they were giving them five feet on the north side.
Commissioner White said there seemed to be a lot of unanswered questions.
He knew the minimum was a six-foot fence, but if he owned the house to the north
and his backyard faced the side of the house, he would feel more comfortable if there
was either a nicer transition than just a basic wooden fence, or something that better
denoted the entrance into the Lakeside development.
Commissioner Solis said he shared those concerns. He thought the transition
was pretty aggressive. They were right on top of those other lots and out of
character with the immediate neighborhood. He would also advocate and ask for a
smoother transition into this area, denoting what the development was going to be,
versus the way it was presented.
Commissioner White asked if they considered three lots instead of four lots.
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Mr. Quinto said he would need to bring in some of the builders’ prototypes, so
they could see that they would not fit well on an 82-foot lot. The builders were
anticipating that these lots would be consistent with the other lots, and they were
anticipating similar streetscape, landscaping, street trees, sidewalks, etc., so the
space between the curb and the front of the house would have its special character
particular to Lakeside. That was what they were trying to preserve. The width of
the lot was one of the issues, although these were deeper lots than in Lakeside.
Commissioner White said he had a problem with the flow from the more
traditional neighborhood with the cul-de-sac going suddenly into these perpendicular
lots. It just did not fit.
Commissioner McDaniel said he saw a solution that would make him feel
better. They could do three lots with the dimensions they wanted for their
prototypes, respect the existing setbacks for the existing property owners around
them, and leave a chunk of land on the south end to dedicate to the adjacent park.
That way they could also save the trees.
Chair Goss asked if it would help to give them another two weeks.
could make a decision, but it sounded like some people were not comfortable.
They
Mr. Quinto said no.
Mr. Leek agreed. He said they were ready for a P&Z recommendation. They
were sure the character of the Lakeside development would not be served well
having three lots. It would be a different product. These would be the only four
single-family residences fronting Surrey Lane. There was an existing masonry wall
along Surrey, and the area was already kind of secluded, so they were not providing
a detriment to the character and nature of those homes or causing any harm.
Commissioner Levonius said the rules were in place because they thought it
made for better aesthetics, and yet she found it bothersome that they were always
being asked to bend the rules. She thought that was something they should consider
as a Planning and Zoning Commission. If the rules were in place for a particular
reason, then they should follow them.
Commissioner McDaniel moved to recommend approval of ZPD 13-0009 –
Lakeside DFW as written, with the exception that there be a 10-foot side yard
setback on the northernmost lot. Commissioner Forest seconded the motion.
VOTE ON THE MOTION
AYES:
Forest, McDaniel
NAYS:
White, McCall, Solis, Levonius
ABSTAIN:
None
ABSENT:
None
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The motion failed with a vote of 2-4.
4. Public Hearing to consider a request for rezoning (Z 13-0010 – Wellington
North) from Agricultural District (A) uses to Single-Family District-15 (SF15) uses. The property is generally located east of Auburn Drive and north
of Peters Colony Road.
5. Consider a request for a Development Plan (DP 13-0006 – Wellington
North) to develop a residential subdivision, with an exception to the access
management policy and criteria, regarding driveway spacing, contained in
the Town’s Engineering Design Criteria and Construction Standards
adopted through Chapter 32 of the Code of Ordinances. The property is
generally located east of Auburn Drive and north of Peters Colony Road.
Staff Presentation
Poornima Srinarasi, Planner
Applicant Presentation
Mark Howe, Howe / Wood & Company, North Richland Hills
Questions and Discussion
Chair Goss stated the email of agreement between Mr. Howe and Mr.
Rembert was being made part of the record.
Commissioner Forest asked about the location of the detention pond.
Mr. Howe said it was located in the open space lot next to the entrance on
Auburn. There was another pretty sizeable open space lot with trees in the middle of
the roundabout.
Eric Depperschmidt, 3500 Peters Colony, Flower Mound
Mr. Depperschmidt asked about the drainage of the lots to the south.
Keith Hamilton, Hamilton Duffy, said currently there was a ridge running
through the middle of the property and that area sheet-flowed to the southeast. The
rear of those lots would still drain in the same manner, but it would be less.
Chair Goss asked if it would drain onto Mr. Rembert’s property and then be
handled with a swale.
Mr. Hamilton said yes, he assumed.
Reginald Rembert, 3625 Bonanza Lane, Flower Mound
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Mr. Rembert said he agreed to accept some of Mr. Howe’s water from the
rear of those lots, which was much less than what was originally going there. By the
time it got across his acreage to Mr. Depperschmidt’s property, it would probably be
next to nothing, but he and Mr. Depperschmidt would work that out. He then asked
if they were putting in a retention or detention pond.
Mr. Howe said it would hold water and have a fountain, but be deep enough
to handle additional capacity.
Mr. Rembert also commented on the Diamond Belle fence relocation. He said
that needed more work. Those fences were in a five-foot HOA fence easement, so
the property owners did not have the authority to just move those fences, and
probably more than one fence was affected.
Chair Goss said the issue with the fence was noted.
Vaughn Deary, 3633 Bonanza Lane, Flower Mound
Mr. Deary said he lived in Diamond Belle and had one of the fences to be
moved. He also had a privacy concern, and asked if they would be elevating the
houses.
Mr. Hamilton said they had not yet done a grading plan, but he assumed the
southern four or five lots would just be padded up, and there would not be a
substantial increase in height.
Jacob Mammen, 3629 Bonanza Lane, Flower Mound
Mr. Mammen said he had the same issue with the elevation. He was on the
cul-de-sac, and this property was right next to him. He wanted a definite response
from the developer for the record as to the precise elevation for those southeast lots
(how much higher they were going to be), and exactly what the fences were going to
be. The HOA fence had nice columns, and if they were going to put a fence behind
them, it could be a dangerous situation for the residents.
Chair Goss asked if they would get elevations on this later on.
Mr. Russell confirmed that with the Record Plat, they would get full civil and
construction plans, so there would be more detail on the elevations.
done.
Chair Goss suggested they meet with the HOA once they got the drawings
Mr. Howe said they would be happy to provide them. He wanted to point out
a couple of things. First, when they built the street, they would be cutting into that
hill, and they wanted all of the front yards to drain into the street and then over to
the pond, so they would not be building up those lots as it related to their particular
elevation. Also, with the agreement they had with Mr. Rembert, there would not be
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any elevation change at the rear of the lots. The other thing was that particular lot
was 25,000 square feet, and the building pad would be 40 feet from the back fence
line at the closest point, so the pad would be set back and have some similarity to
the neighbors on the other side.
Zhe Shi, 3617 Pearl Lane, Flower Mound
Mr. Shi asked about the fencing. He said they had open iron fences, and he
did not think the wood would look good.
Chair Goss said the builder would meet the Town’s fencing requirements.
Mr. Howe said the six-foot wood privacy fences would be at the rear of the
properties. The entry fencing along Auburn Drive would be different. It would either
match what Wellington had, or they would create something similar, using some iron
with columns and a brick and stone combination.
In Favor –
Steve Warren, 3720 Auburn, Flower Mound
Reginald Rembert, 3625 Bonanza Lane, Flower Mound
Vaughn Deary, 3633 Bonanza Lane, Flower Mound
Todd Smith, 3624 Bonanza Lane, Flower Mound [completed a speaker card,
indicating that he was in favor, but did not speak]
In Opposition –
John Masen, 3601 Pearl lane, Flower Mound
Anne Sullivan, 3613 Pearl Lane, Flower Mound
Chair Goss clarified that with the review of the drainage plan, the Town would
make sure that no additional water went on their property. There should be less
water, not more. The Town was well aware of the water pressure issue; other
neighborhoods had the same issue. It was being studied, and they were trying to
resolve it. The sidewalks, cross walks, and traffic issues were not Planning and
Zoning subjects, but they understood their concerns, and would make sure that was
noted by staff. The bus stops should be taken up with LISD.
Close Public Hearing
Commission Deliberation (Z 13-0010)
Vice Chair McCall moved to recommend approval of Z 13-0010 – Wellington
North. Commissioner Levonius seconded the motion.
VOTE ON THE MOTION (Z 13-0010)
AYES:
Levonius, Solis, McDaniel, McCall, White, Forest
FLOWER MOUND PLANNING & ZONING COMMISSION MEETING OF SEPTEMBER 9, 2013
NAYS:
None
ABSTAIN:
None
ABSENT:
None
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The motion passed with a vote of 6-0.
Commission Deliberation (DP 13-0006)
Vice Chair McCall moved to recommend approval of DP 13-0006 – Wellington
North and the exception. Commissioner Forest seconded the motion.
VOTE ON THE MOTION (DP 13-0006)
AYES:
Forest, White, McCall, McDaniel, Solis, Levonius
NAYS:
None
ABSTAIN:
None
ABSENT:
None
The motion passed with a vote of 6-0.
G.
ADJOURNMENT
Vice Chair McCall made a motion to adjourn the regular meeting, and
Commissioner Forest seconded the motion. All were in favor.
Chair Goss adjourned the regular meeting at 8:09 p.m.
TOWN OF FLOWER MOUND, TEXAS
ATTEST:
Cindi Price, Executive Assistant
DOUGLAS S. POWELL, AICP
Executive Director
Development Services