P&Z considers Overland Grove modifications

During its virtual regular May 07, 2020 meeting, the Forney Planning & Zoning Commission met to consider amendments to Overland Grove Planned Development.
(watch official video)

• Held Public Hearings -
  • Denied a request to amend the Overland Grove Planned Development, Ordinance No. 17-50, by amending the number of different lot types allowed in the development regulations. This will also result in an amendment to the Concept Plan.
        Mr. Morgan said this is to amend number of lot types - PD has 3 types: A 6000 sq ft, 20 ft setback; B 7200 sq ft, setback 20ft; C 9100 sq ft, setback 25 ft (min. qty 200).  Requesting to change to 182 type C lots.  First plat allowed model homes, but only had 20 ft setback instead of required 25 ft.  Developer was notified those would not count as type C, they replied wanted to maintain look of area using same setbacks.  This change takes those into account.  A school site is also included in a different location.  No public comment received from notices.
        Christopher Jackson representing developer spoke, along with engineer Jared and Mr. Frank Murphy.  When they did phase one, had 3 lots meeting size but not setback, built them to match other lots.  They believe the intent of zoning was larger lots.  Later realized had 20 lots that would not hold the larger house pad with 25 ft setback, lots are actually 5 ft deeper than required.  They had a realignment of the community - Lemmon Lane, TxDOT wanted them to move it for safety.  After the bond election, they dedicated a school site at a better location, on Walnut.  They ended up short of type C, have 20 in phase one that are right size, but less setback.  In a non-technical sense, they comply.  Have a monster pool, dog park, playground.
        Mr. Shimkus asked if they were meeting the 9100 except for setback - Mr. Jackson said yes, 23 lots in phase one they couldn't fit larger pads on.  Also, the lots are 5 ft deeper than required, so they can sell back yards.  Ms. Holler asked if the lots were 5 ft deeper; Mr. Jackson said it was an error in phase 1, they didn't realize the setback issue, they discussed it with city staff, decided to sell lots and address issue later.  Chmn. Shimkus asked if the lots would be the same size, just not type C - Mr. Jackson said yes.  Mr. Morgan said this would require them to have 182 to meet size and setback, the existing 20 lots would not have to be reclassified or changed.  Ms. Holler asked how many type C built - Mr. Jackson said 41 in ph 1, 115 type B, 23 with 70x135 lots.  They've already built 23 lots that are bigger, they would end up with 182 type C + 23 built that size.  AS asked if that meant 200 lots with 9100 sq. ft. - yes, but different setback.  As a builder, must be careful having different setbacks on homes.  Mr. Bingham asked if reduction was due to lots that were type C are now B - yes, just due to setback.  They will still be getting what they bargained for, plus five.  Ms. Holler verified they knew what requirements were before building phase one - yes, but when the pads were set that was missed on these 23.
        Ms. Holler moved to deny - Mr. Chambers second, unanimously approved

• Denied a revised concept plan for Overland Grove.
      Mr. Morgan said these two items rely on approving the public hearing item.  Staff recommends both be denied.
  
• Denied a revised preliminary plat for Overland Grove.
  
• Adjourned at 1906