10.18.2011 P&Z MinutesR
PIISPER
OWN OF
Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
Roll call taken by Melanie Videan, Planning Technician.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway Street, Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, October 18, 2011, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Chris
Keith, Rick Turner, Jim Cox, Bill Senkel, and Bruce Carlin.
Staff present included: Chris Copple, Planning & Zoning Manager; and Melanie Videan, Planning
Technician.
2. Recitation of the Pledge of Allegiance.
3. Consider and act upon minutes from the following Planning & Zoning Commission
-, meeting:
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• October 3, 2011 Regular Meeting
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Motion by Carlin, seconded by McClung to approve item 3. Motion approved 7-0 at 6:02 p.m.
REGULAR AGENDA
4. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a
concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900f feet
south of First Street. The property is zoned Planned Development-19-Commercial
Corridor. (PD-19-CC). (S11-0001).
Summary
Copple: Offered history and summarized request for SUP, listing criteria suggested by the Future Land
Use Plan (herein called FLUP) the Commission should consider when approving an SUP. Noted criteria
the request does not satisfy. Briefed on current uses and existing zoning surrounding the subject property.
Informed notification was given in accordance with state law, and one public hearing notice reply form,
being in opposition, was received by the Planning Division. Recommended denial.
Discussion
Carlin: Asked the following: 1) why the property owner of John Deere opposed the request, 2) whether
the applicant is adhering to the existing SUP, and 3) if there are any pending developments in the general
area of the subject property.
z DeMattia: Asked about the impact the opposing public hearing notice reply form would have on the
request.
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McClung: Asked questions regarding the two concrete batch plants south of the subject property. Briefed
Commission on his experience with Nelson Brothers' request two years ago.
Cox: Inquired about the zoning of the John Deere property.
Turner: Asked if there is a standard length for an SUP.
Keith: Asked if the request specifies a length of time for the SUP to remain in effect.
Copple: Answering Carlin, relayed he has not spoken with a representative from John Deere and cannot
presume why they oppose the request. Informed of past submittals in the general area, but that none have
been submitted recently. Explained the voting requirements should the opposing property owners within
the 200 foot buffer zone comprise twenty percent, noting the percentage does not affect the Commission's
recommendation to Council. Answering McClung, reported the southern properties are zoned Single
Family-15 and are non -conforming. Explained the concepts of conforming and non -conforming uses.
Answering Cox, narrated the annexation history and zoning of the John Deere property, as well as the
basics of planned developments. Answered Turner and Keith, noting there is no standard for SUPS and
with SUPS being discretionary items, the Commission may render a conditional recommendation.
Motioned by Cox, seconded by McClung to open the public hearing. Motion passed 7-0 at 6:14 p.m.
Public Hearing Discussion
Eric Philpot (applicant): Requested approval for Nelson Brothers to continue business in their present
location. Informed of an existing program to assist with environmental concerns, and that Nelson Brothers
has complied with the requirements of the SUP. Reminded Commission that the sales and property tax
revenues are beneficial to Prosper. Relayed he recently learned of the public hearing notice reply in
opposition to the request for SUP.
McClung: Asked applicant if 1) he knew why the John Deere representative would have objections to the
SUP request, and 2) if Nelson Brothers would accept a two year SUP.
Carlin: Inquired the following: 1) if the yard is concrete, 2) what the property tax is, 3) what the total
revenue through the Prosper office is, and 4) how the trucks are maintained to assist with road
maintenance.
Keith: Asked applicant if he knew how long Nelson Brothers would like to operate from their Prosper
location.
DeMattia: Asked questions regarding billing transactions from their Prosper office.
Cox: Asked if the concrete plants to the south mitigate in the same fashion that Nelson Brothers does
Turner: Asked the following: 1) if the access road is shared with John Deere, and 2) what time frame
Nelson Brothers prefers for the SUP.
Eric Philpot: Answering McClung, relayed there is occasional dusting with such a use; however, dust
collection systems monitored by the EPA are in place, as are storm water prevention programs to
eliminate run off. Stated Nelson Brothers was hoping for an SUP beyond two years. Answering Carlin,
noted 1) the yard is concrete which prevents as much debris as possible, 2 & 3) did not have data, but
offered to obtain it, and 4) cleaning chemicals are on site for vehicles to wash down before leaving the
plant. Explained why concrete trucks may accidentally dump a load of concrete while in transit.
Answered Keith, relaying the preference to remain at their present Prosper location during Prosper's
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growth stage, noting the location is ideal for their industry, which is why the other ready mix plants are
also located in Prosper on Dallas Parkway. Informed their headquarters is in Lewisville, and they have a
satellite plant in Aubrey. Answering DeMattia, reported that work performed from the Prosper location is
billed from the Prosper office. Answered Cox, mentioning that with the southern winds, debris from all
the plants blow to the John Deere business. Answering Turner, informed the access road is shared with
John Deere, and that Nelson Brothers would like an SUP for ten years.
Motioned by Keith, seconded by Turner to close the public hearing. Motion passed 7-0 at 6:28 p.m.
Discussion
Cox: Commented on analyzing the history of the site, and with development on the horizon, he doesn't
foresee problems should the SUP be granted. Voiced support for a two year SUP.
Turner: Asked staff if dates have been set for Tollway construction. Preferred for similar industrial uses
to conglomerate with regards to location, noting that even if the request for an SUP was denied, the other
plants remain. Voiced support for a four or five year SUP.
McClung: Reported his perspective has not altered from his previous view of two years ago, stating the
FLUP recommends different uses for the property; therefore, supports a two year SUP.
Keith: Stated the positives of the plant's location outweigh the negatives. Commented that if the John
Deere business owner opposed the request for an SUP, he/she should have attended the public hearing to
offer their insight.
Carlin: Voiced support for a two year SUP.
Senkel: Agreed that environmental issues are properly attended to, and that any oppositions to the request
should be in attendance.
DeMattia: Voiced support for a two year SUP, and suggested the applicant contact John Deere to further
understand their concerns.
Copple: Answering Turner, informed no dates have been released by the North Texas Tollway Authority
as to when the Dallas North Tollway will be extended into Prosper.
Motioned by Carlin, seconded by Senkel to approve the request for an SUP subject to SUP expiration two
years from date of ordinance adoption. Motion approved 7-0 at 6:37 p.m.
5. A public hearing to consider and act upon a request to amend Chapter 4, Section 6.2(A)(8)
(Outdoor Lighting) of the Town's Zoning Ordinance. (Z11-0010).
Summary
Videan: Summarized request to amend Zoning Ordinance.
Motioned by Turner, seconded by McClung to open the public hearing. Motion passed 7-0 at 6:38 p.m.
Motioned by McClung, seconded by Cox to close the public hearing. Motion passed 7-0 at 6:39 p.m.
Discussion
Keith, Turner; and DeMattia: Asked questions regarding cut-off angle of luminaries.
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Copple: Offered to gather data on cut-off angles for Commission. Explained a situation in the past which
has lead to the request to amend the Outdoor Lighting section of the Zoning Ordinance.
Motion by McClung, seconded by Keith to approve request to amend Chapter 4, Section 6.2(A)(8)
(Outdoor Lighting) of the Town's Zoning Ordinance. Motion approved 7-0 at 6:42 p.m.
Receive a presentation and/or discuss items, including, but not limited to, the Town's zoning
and development procedure, Zoning Ordinance, Subdivision Ordinance, Comprehensive
Plan, and Parks and Recreation Master Plan.
Copple: Summarized and explained the following: 1) the history behind the Town's boundaries, 2)
involuntary annexations from 2009-2010, 3) the FLUP, 4) neighborhood service locations, 5) downtown
core district and Town -initiated rezoning, 6) schedule of the Comprehensive Plan Advisory Committee,
7) major pending developments that may come before the Commission in the future, 8) single family lot
sizes and densities recommended by the FLUP, 9) multi -family zoning (those in existence and those
recommended by the FLUP), 10) the Park's Master Plan, 11) park dedication and improvement
requirements, 12) the zoning process, and 13) the development process.
Commission members asked various questions regarding the above topics and staff answered questions.
7. Receive an update on items discussed by the Capital Improvements Advisory Committee
and the Comprehensive Plan Advisory Committee.
Copple: Reminded Commission of the November 14, 2011 Comprehensive Plan Advisory Committee
meeting and of the October 25, 2011 public hearing by Town Council regarding impact fees and the
recommendation by the Capital Improvements Advisory Committee.
8. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
There was no discussion on this item.
9. Adjourn
Motioned by McClung, seconded by Cox to adjourn. Motion approved 7-0.
Meeting was adjourned at 8:28 p.m.
McKanie Vi -m, Planning Technician
Chris Keith, Secretary
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