Loading...
04.04.17 PZ Packet ] 1. Call to Order / Roll Call. 2. Pledge of Allegiance. 3. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A Planning & Zoning Commissioner may remove any item for discussion and separate action. Planning & Zoning Commissioners may vote nay on any single item without comment and may submit written comments as part of the official record.) 3a. Consider and act upon minutes from the March 21, 2017, Regular Planning & Zoning Commission meetings. 3b. Consider and act upon an Amending Plat for Shops at Prosper Trail, Block A, Lot 1, on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail. The property is zoned Planned Development-68 (PD-68). (D17-0004). 3c. Consider and act upon an Amending Plat for Prosper Town Hall, Block A, Lot 1, on 4.3± acres, located on the northwest corner of Main Street and Second Street. The property is zoned Planned Development-80 (PD-80). (D17-0014). 3d. Consider and act upon a Site Plan for two (2) office/warehouse buildings (Precision Addition), on 1.1± acres, located on the east side of McKinley Street, 200±.feet south of Broadway Street. The property is zoned Downtown Commercial (DTC). (D17-0015). 3e. Consider and act upon an Amending Plat of Precision Addition, Block A, Lots 5 and 7, on 1.1± acres, on the east side of McKinley Street, 200± feet south of Broadway Street. The property is zoned Downtown Commercial (DTC). (D17-0016). 3f. Consider and act upon a Final Plat for Prosper Town Center, Phase V, Block A, Lot 1, on 1.6± acres, located 880± feet north of First Street and 550± feet east of Preston Road. The property is zoned Planned Development-7 (PD-7). (D17-0018). REGULAR AGENDA (If you wish to address the Planning & Zoning Commission during the regular agenda, please fill out a “Speaker Request Form” and present it to the Chair prior to the meeting. Citizens wishing to address the Planning & Zoning Commission for items listed as public hearings will be recognized by the Chair. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Planning & Zoning Commission.) 4. Conduct a Public Hearing and consider and act upon a request to amend Chapter 3, Permitted Uses and Definitions, and Chapter 4, Development Requirements, of the Zoning Ordinance regarding Accessory Structures, Accessory Buildings, Guest Houses and Garage Apartments. (Z16-0014). AGENDA Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, April 4, 2017, 6:00 p.m. Prosper is a place where everyone matters. 5. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Residential Design Standards • Brookhollow PD • Prosper Old Town Area Assessment 6. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on March 31, 2017, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ______________________________________________ _________________________ Carol Myers, Executive Assistant/Deputy Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Planning & Zoning Commission reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Planning & Zoning Commission. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Planning & Zoning Commission meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. ] 1. Call to Order / Roll Call. The meeting was called to order at 6:01 p.m. Commissioners present: Chairman John Alzner, Vice Chairman John Hema, Brandon Daniel, Bobby Atteberry, and Chad Robertson Commissioner Andres arrived at 6:02 p.m. Commissioner(s) absent: Secretary David Snyder Staff present: John Webb, Director of Development Service; Alex Glushko, Senior Planner; and Pamela Clark, Planning Technician 2. Recitation of the Pledge of Allegiance. 3. CONSENT AGENDA 3a. Consider and act upon minutes from the February 21, 2017, Special Work Session and Regular Planning & Zoning Commission meetings. 3b. Consider and act upon a Preliminary Site Plan for an automobile sales and/or leasing facility (Ford), on 14.1± acres, located on the north side of US 380, 700± feet west of Mahard Parkway. This property is zoned Planned Development-43 (PD-43). (D16-0077). 3c. Consider and act upon a Site Plan for a bank in the Shops at Prosper Trail (Bank of America), on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail. This property is zoned Planned Development-68 (PD-68). (D17- 0005). 3d. Consider and act upon a Site Plan for a bank in the Windsong Ranch Marketplace (Chase), on 1.0± acre, located on the northeast corner of Gee Road and US 380. This property is zoned Planned Development-40 (PD-40). (D17-0008). 3e. Consider and act upon a Final Plat for Windsong Ranch Marketplace, Block A, Lot 1, on 1.0 ± acre, located on the northeast corner of Gee Road and US 380. This property is zoned Planned Development-40 (PD-40). (D17-0009). 3f. Consider and act upon a Preliminary Site Plan for a retail/restaurant/medical office development (North Preston Village), on 7.1± acres, located on the east side of Preston Road, 2,000± feet south of Prosper Trail. This property is zoned Retail (R). (D17-0011). 3g. Consider and act upon a Preliminary Plat for Cambridge Park Estates, for 201 single family residential lots and 6 HOA/open space lots, on 84.4± acres, located MINUTES Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, March 21, 2017, 6:00 p.m. Prosper is a place where everyone matters. Prosper Planning & Zoning Commission Minutes March 21, 2017 2 of 4 on the southwest corner of Preston Road and Coleman Street. This property is zoned Single Family-12.5 (SF-12.5). (D17-0012). 3h. Consider and act upon an Amending Plat of Windsong Ranch, Phase 1A, Block X, Lots 14A, 16A, 16B, and 16C, on 0.4± acre, being within a segment of Windsong Parkway, located on the north side of US 380. This property is zoned Planned Development-40 (PD-40). (D17-0013). 3i. Consider and act upon an Amending Plat of Wildwood Estates, Phase 3B, Block G, Lot 20, on 0.3± acre, located on the southwest corner of Dianna Drive and Darian Drive. This property is zoned Planned Development-24 (PD-24). (D17-0019). Motioned by Daniel, seconded by Robertson, to approve the Consent Agenda, subject to Town staff recommendations. Motion approved 5-0. Commission Andres arrived at 6:02 p.m. REGULAR AGENDA 4. Consider and act upon a Site Plan for an extension of Temporary Buildings at Rucker Elementary School, on 20.0± acres, located on the west side of Craig Road, 400± feet south of First Street. This property is zoned Single Family-15 (SF- 15). (D14-0004). 5. Consider and act upon a Site Plan for an extension of Temporary Buildings at Folsom Elementary School, on 10.0± acres, located on the southeast corner of Livingston Drive and Somerville Drive. This property is zoned Planned Development-6 (PD-6). (D14-0005). 6. Consider and act upon a Site Plan for an extension of Temporary Buildings at Cockrell Elementary School, on 12.1± acres, located on the southwest corner of Prosper Trail and Escalante Trail. This property is zoned Planned Development-9 (PD-9). (D14-0006). 7. Consider and act upon a Site Plan for Temporary Buildings at Windsong Ranch Elementary School, on 12.3± acres, located on the south side of Fishtrap Road, 1,800± feet west of Teel Parkway. This property is zoned Planned Development-40 (PD-40). (D17-0006). Chairman Alzner opened Items 4-7, since PISD is the applicant for all items. Glushko: Provided a brief history on the requests and presented exhibits showing the proposed locations of the temporary buildings on each site. Danny Roberts (PISD Representative): Informed Commissioners that the portable buildings are necessary to accommodate the rapid growth taking place in Prosper ISD. Stated that PISD plans to build a couple more elementary schools next year to help relieve the pressure on each of the schools. Commissioners requested staff research amending the Zoning Ordinance regarding the continual re-approval of temporary structures knowing the structures will be required for many years. Prosper Planning & Zoning Commission Minutes March 21, 2017 3 of 4 Motioned by Hema, seconded by Atteberry, to approve Items 4, 5, 6, and 7, subject to Town staff recommendations. Motion approved 6-0. 8. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP) for a Child Day Care Center (Pinnacle Montessori), on 3.1± acres, located on the south side of future Richland Boulevard, 1,500± feet east of Coit Road. This property is zoned Planned Development-38 (PD-38). (S17-0001). Glushko: Summarized the request and presented exhibits provided by the applicant. Stated the building elevations conform to the approved Conceptual Development Plan elevations, required by PD-38. Recommended approval of the request. The Public Hearing was opened by Chairman Alzner. There being no speakers the Public Hearing was closed. Commissioners voiced support for the request. Chairman Alzner inquired if the proposed day care would be required to adhere to a consistent architectural design and color pallet as the overall development. Glushko: Stated that staff will review the façade plan in conjunction with the site plan and ensure the architectural design and color pallet conform to the building elevations approved in PD-38. Motioned by Daniel, seconded by Atteberry, to approve Item 8, subject to Town staff recommendations. Motion approved 6-0. 9. Conduct a Public Hearing, and consider and act upon a request to amend a portion of Planned Development-25 (PD-25), on 236.5± acres, in order to modify the residential architectural requirements, located on the east side of Coit Road, 800± feet south of First Street. (Z17-0001). Glushko: Summarized the request and presented exhibits showing the locations affected by the proposed amendments. Recommended approval of the request. Andres: Asked if the Town has any maintenance standards for the cedar garage doors. Glushko: Informed Commissioners that the Town is currently working on an updated property maintenance code to ensure that properties are maintained, and also that HOA’s typically enforce such maintenance requirements. The Public Hearing was opened by Chairman Alzner. Aaron Richards (Representative): Explained the request to amend to architectural requirements is to allow builders greater flexibility in their house plan options. There being no other speakers the Public Hearing was closed. Commissioners voiced support for the proposed amendments. Prosper Planning & Zoning Commission Minutes March 21, 2017 4 of 4 Motioned by Daniel, seconded by Robertson, to approve Item 9, subject to Town staff recommendations. Motion approved 6-0. 10. Conduct a Public Hearing and consider and act upon a request to amend Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance by providing for a process for certain private clubs in conjunction with a restaurant use. (Z17-0002). Webb: Summarized the request and provided a brief history on the election procedures required for alcohol sales on certain properties. The reason for this request is that properties annexed after the local option election in 2006, are “dry” and can only sell alcohol in restaurants with a private club permit. Recommended approval of the Zoning Ordinance amendment. The Public Hearing was opened by Chairman Alzner. There being no speakers the Public Hearing was closed. Motioned by Hema, seconded by Robertson, to approve Item 10, subject to Town staff recommendations. Motion approved 6-0. 11. Discussion on proposed amendments to the Zoning Ordinance regarding guest houses, garage apartments, and accessory structures. Webb: Discussed to proposed amendments to the Zoning Ordinance regarding guest houses, garage apartment and accessory structures. Daniel: Requested clarification regarding the proposal to not allow a second electric meter for a guest house. George Dupont (Resident): Thanked Commissioners for their time and consideration of the proposed amendments and noted his support. 12. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Webb: Summarized action taken at the February 28, 2017, Regular Town Council meeting. 13. Adjourn. Motioned by Atteberry, seconded by Robertson, to adjourn. Motion approved 6-0 at 6:24 p.m. ________________________________________ _________________________ Pamela Clark, Planning Technician David Snyder, Secretary Page 1 of 1 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko, AICP, Senior Planner Re: Planning & Zoning Commission Meeting – April 4, 2017 Agenda Item: Consider and act upon an Amending Plat for Prosper Town Hall, Block A, Lot 1, on 4.3± acres, located on the northwest corner of Main Street and Second Street. The property is zoned Planned Development-80 (PD-80). (D17-0014). Description of Agenda Item: The purpose of this Amending Plat is to combine six (6) lots into one (1) lot and to dedicate all easements necessary for the development of a 52,770 square foot, three-story governmental office building (Prosper Town Hall), which was approved by the Planning & Zoning Commission on November 15, 2016 (D16-0079). The Amending Plat conforms to the PD-80 development standards. Attached Documents: 1. Location Map 2. Amending Plat Town Staff Recommendation: Town Staff recommends approval of the Amending Plat, subject to: 1. Town staff approval of all additions and/or alterations to the Amending Plat. Prosper is a place where everyone matters. PLANNING D17-0014 FI RST ST SECO ND STMAIN STBROADWAY ST COLEMAN STTHI RD STMCKINLEY STCROCKETT ST0 60 12030 Feet ± Page 1 of 1 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko, AICP, Senior Planner Re: Planning & Zoning Commission Meeting – April 4, 2017 Agenda Item: Consider and act upon an Amending Plat for Shops at Prosper Trail, Block A, Lot 1, on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail. The property is zoned Planned Development-68 (PD-68). (D17-0004). Description of Agenda Item: The purpose of this Amending Plat is to dedicate all easements necessary for the development of a 3,800 square foot bank (Bank of America), which was approved by the Planning & Zoning Commission on March 21, 2017 and is scheduled for Town Council consideration on April 11, 2017 (D17-0005). The Amending Plat conforms to the PD-68 development standards. Attached Documents: 1. Location Map 2. Amending Plat Staff Recommendation: Staff recommends approval of the Amending Plat, subject to: 1. Town staff approval of all additions and/or alterations to the Amending Plat. Prosper is a place where everyone matters. PLANNING D17-0004 PR OSPER TRL PRESTON RDCHANDLER CIR WATERTON DRCLIPSTON DRPRESTON RD0 100 20050 Feet ± SCALE 1" = 2000'VICINITY MAPPROJECT LOCATIONDRAWN BY:JOB NO:SCALE:1"=20' DATE:4238 I-35 NORTHANDMARKSURVEYORS, LLC.BTH(940) 382-4016FAX (940) 387-9784DENTON, TEXAS 7620720 JANUARY, 2017 163718GRAPHIC SCALE 1"=20'AMENDING PLATLOT 4, BLOCK A OFTHE SHOPS AT PROSPER TRAILAMENDING LOT 4, BLOCK A OFTHE SHOPS AT PROSPER TRAILBEING 1.079 ACRES IN THECOLLIN COUNTY SCHOOL LAND NO. 13 SURVEY A-172TOWN OF PROSPER, COLLIN COUNTY, TEXASTOWN OF PROSPER CASE NO. D17-0004TX FIRM REGISTRATION NO. 10098600OWNER'S CERTIFICATESTATE OF TEXAS §COUNTY OF COLLIN §WHEREAS WE, MQ Prosper Retail, LLC are the owners of that certain lot, tract, or parcel of land situated in the Collin County School Land Survey No. 3 Abstract Number 172 in the Town of Prosper, Collin County, Texas, being all of Lot 4, Block A, The Shops at Prosper Trail, an addition to the Town of Prosper, Collin County, Texas according to the plat thereof recorded under Document Number 20160324010001180, Plat Records, Collin County, Texas, and being more particularly described as follows:BEGINNING at an iron rod marked “WAI” found for corner in the east line of State Highway Number 289 (also known as Preston Road), a public roadway having a variable width right-of-way, said point being the southwest corner of Lot 3 in said Shops at Prosper Trail;THENCE S 88° 37’ 21” E, 290.26 feet with the south line of said Lot 3 to an “X” in concrete found for corner in the west line of Lot 5 in said Block A of said Shops at Prosper Trail;THENCE S 01° 24’ 24” W, 166.69 feet with said west line of said Lot 5 to an “X” in concrete found for corner in the north line of Prosper Trail, a public roadway having variable width right-of-way;THENCE S 89° 04’ 03” W, 29.08 feet with said north line of said Prosper Trail to an “X” in concrete found for corner;THENCE N 84° 53’ 33” W, 111.20 feet with said north line of said Prosper Trail to an “X” in concrete found for corner;THENCE S 89° 13’ 34” W, 115.41 feet with said north line of said Prosper Trail to an “X” in concrete found for corner at a right-of-way flare;THENCE N 42° 43’ 14” W, 50.39 feet with said right-of-way flare to an iron rod marked “WAI” found for corner in said east line of said State Highway Number 289;THENCE N 01° 29’ 10” E, 128.77 feet with said east line of said State Highway to the PLACE OF BEGINNING and containing 1.079 acres of land.NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT MQ Prosper Retail, LLC, acting herein by and through its duly authorized officers, does hereby certify and adopt this plat designating the herein above described property as LOT 4, BLOCK A, THE SHOPS AT PROSPER TRAIL, amending Lot 4, Block A, The Shops at Prosper Trail, an addition to the Town of Prosper, Collin County, Texas, and does hereby dedicate to the public use forever, the streets and alleys shown thereon. That MQ Prosper Retail, LLC does herein certify the following:1. The streets and alleys are dedicated for street and alley purposes.2. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances.3. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicated onthis plat.4. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over or acrossthe easements as shown, except that landscape improvements may be placed in landscape easements if approved by theTown of Prosper.5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused bymaintenance or repair.6. Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or usingthe same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to thepublic’s and Town of Prosper’s use thereof.7. The Town of Prosper and public utilities shall have the right to remove and keep removed all or parts of any buildings,fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with theconstruction, maintenance, or efficiency of their respective systems in the easements.8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from theirrespective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters,and adding to or removing all or parts of their respective systems without the necessity at any time procuring permissionfrom anyone.9. All modifications to this document shall be by means of plat and approved by the Town of Prosper.This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas.WITNESS, my hand, this the ____day of ___________________, 20____BY:______________________________________________Donald L. Silverman, Manager, MQ Prosper Retail, LLCSTATE OF TEXAS §COUNTY OF DENTON §BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Donald L. Silverman, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ______day of ____________________, 20______________________________________________Notary Public, State of TexasCERTIFICATE OF APPROVALApproved this _______ day of __________, 20__ by the Planning & Zoning Commission of the Town of Prosper, Texas.___________________________________Planning & Zoning Commission Chair____________________________________Town Secretary_______________________________Engineering Department_________________________________Development Services DepartmentSURVEYOR’S CERTIFICATEKnow All Men By These Presents:That I, Jerald D. Yensan do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the Town of Prosper, Texas.Dated this the ________day of ________________________, 20____________________________________________________________Jerald D. Yensan, President Landmark Surveyors LLC, RPLS 4561STATE OF TEXAS §COUNTY OF DENTON §BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Jerald D. Yensan, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of ___________________________, 20_____.___________________________________ Notary Public, State of TexasNOTES:1. Selling a portion of this addition by metes and bounds is a violation of Town Ordinance and State Law and is subject tofines and withholding of utilities and building permits.2. There is no floodplain on this lot according to Flood Insurance Rate Map (FIRM) Map No. 48085CO235J, dated 02 June,2009, prepared by the Federal Emergency Management Agency (FEMA) for Collin County, Texas. This property is withinFlood Zone X.3. The purpose of this plat is to add a fire lane and access easements to an existing platted lot.ACCESS EASEMENTThe undersigned covenants and agrees that the access easement(s) may be utilized by any person or the general public foringress and egress to other real property, and for the purpose of general public vehicular use and access, and for the FireDepartment, Police, and emergency use in along upon, and across said premises, with the right and privilege at all times ofthe Town of Prosper, its agents, employees, workmen, and representatives having ingress, egress, and regress in, alongupon, and across said premises.FIRE LANE EASEMENTThe undersigned covenants and agrees that he (they) shall construct upon the fire lane easements as dedicated and shownhereon, a hard surface paved in accordance with Town standards and that he (they) shall maintain the same in a state ofgood repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements orobstruction, including but not limited to the parking, loading, or unloading of motor vehicles, trailers, boats, or otherimpediments to the access of fire apparatus. The maintenance of pavement in accordance to Town standards of the fire laneeasements is the responsibility of the owner, and the owner shall post and maintain signage in accordance to Town standardsin conspicuous places along the fire lanes, stating “Fire Lane, No Parking”. The police or their duly authorized representativeis hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for firedepartment and emergency use.LANDSCAPE EASEMENTThe undersigned covenants and agrees that the landscape easement and restrictions herein set forth shall run with the landand be binding on the owner(s) of the property in this subdivision, their successors and assigns, and all parties claiming by,through and under them. In the event a replat is requested on all or part of this property, the Town may require any similar oradditional restrictions at its sole discretion. The sole responsibility for maintenance and replacement of landscape materialsthereof shall be borne by any ‘homeowners’ association hereafter established for the owners of lots in this subdivision and/orthe owners of the individual lots within this subdivision. Such maintenance and replacement shall be in conformance with therequirements, standards, and specifications of the Town of Prosper, as presently in effect or as may be hereafter amended.This provision may be enforced by specific performance or by any other remedy allowed by law. This Landscape Easementshall be void of utilities and other elements unless otherwise approved on the plat.REVISED: 16 MARCH, 2017 Page 1 of 1 To: Planning & Zoning Commission From: Alex Glushko, AICP, Senior Planner Through: John Webb, AICP, Director of Development Services Re: Planning & Zoning Commission Meeting – April 4, 2017 Agenda Item: Consider and act upon a Site Plan for two office/warehouse buildings (Precision Addition), on 1.1± acres, located on the east side of McKinley Street, 200±.feet south of Broadway Street. The property is zoned Downtown Commercial (DTC). (D17-0015). Description of Agenda Item: The Site Plan shows two (2) existing 3,780 square foot buildings and two (2) proposed 4,702 square foot office/warehouse buildings. Access is provided from McKinley Street. Adequate parking has been provided. The Site Plan conforms to the DTC development standards. As a companion item, the Amending Plat for Precision Addition, Block A, Lots 5 and 7 (D17- 0016) is on the April 4, 2017, agenda. Attached Documents: 1. Location Map 2. Site Plan Town Staff Recommendation: Town staff recommends approval of the Site Plan subject to: 1. Town staff approval of civil engineering, landscape plans, irrigation plans, open space plans, façade and address plans. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. 3. Approval of an Amending Plat for the subject property. Prosper is a place where everyone matters. PLANNING D17-0015 FIRST ST FI F T H ST MAIN STSECO ND ST COLEMAN STBROADWAY ST MCKINLEY STTHI RD ST PECAN STCROCKETT ST0 100 20050 Feet ± Page 1 of 1 To: Planning & Zoning Commission From: Alex Glushko, AICP, Senior Planner Through: John Webb, AICP, Director of Development Services Re: Planning & Zoning Commission Meeting – April 4, 2017 Agenda Item: Consider and act upon an Amending Plat of Precision Addition, Block A, Lots 5 and 7, on 1.1± acres, on the east side of McKinley Street, 200± feet south of Broadway Street. The property is zoned Downtown Commercial (DTC). (D17-0016). Description of Agenda Item: The purpose of this Amending Plat is to dedicate right-of-way and easements to facilitate the development of two (2) 4,702 square foot office/warehouse buildings. The Amending Plat conforms to the DTC development standards. As a companion item, the Site Plan for two (2) office/warehouse buildings (D17-0015) is on the April 4, 2017, agenda. Attached Documents: 1. Location Map 2. Amending Plat Town Staff Recommendation: Town staff recommends approval of the Amending Plat, subject to: 1. Town staff approval of all additions and/or alterations to the Amending Plat. Prosper is a place where everyone matters. PLANNING D17-0016 FIRST ST FI F T H ST MAIN STSECO ND ST COLEMAN STBROADWAY ST MCKINLEY STTHI RD ST PECAN STCROCKETT ST0 100 20050 Feet ± "X CUT"FOUNDLOT 9, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.10' WATER EA S E M E N T CAB I, PG 132 P . R . C . C . T . 26' INGRESS & E G R E S S E A S E M E N T CAB I, PG 132 P . R . C . C . T ."X CUT"FOUNDBROADWAY STREET22' ASPHALTVARIABLE WIDTH R.O.W.McKINLEY STREET50' RIGHT-OF-WAY "X CUT"SETLOT 3, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT # 147COLLIN COUNTY, TEXASPOB1ƒ : 1ƒ ( 6ƒ ( 6ƒ :      97.91' 98.44' 10' RIGH-OF-WAY DEDICATION TO THETOWN OF PROSPER FEE SIMPLE1957 SQ. FT 0.04 OF AN ACRE AAPPROXIMATE SURVEY ELLCORNER BEARS6ƒ ( THE SAME BEINGTHE NWC OF THEE. BRADLEY SURVEY A-86CIRSCIRS1ƒ : CL CL CL LOT 10, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.LOT 8, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.LOT 6, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.LOT 4, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.10' SANITARY S E W E R E A S E M E N T CAB I, PG 132 P . R . C . C . T . 97.9'211.79'232.3'97.9'10.0'10.0'15' SANITARY SEWEREASEMENTBY THIS PLATLOT 2, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.LOT 1, BLOCK APRECISION ADDITIONCAB. I, PG. 132P.R.C.C.T.LOT 1, BLOCK 29R.R. ADDITIONVOL. 834, PG. 166D.R.C.C.T.TRACT 1R.R. ADDITIONVOL. 834, PG. 166D.R.C.C.T.A TRACT OF LANDDESCRIBED IN THE DEED TOORTEGA NARCISCOVOL. 1274, PG. 577D.R.C.C.T.BLOCK 28R.R. ADDITIONVOL. 834, PG. 166D.R.C.C.T.LOT 2, BLOCK 29R.R. ADDITIONVOL. 834, PG. 166D.R.C.C.T.VARIABLE WIDETHDRAINAGE EASEMENTPER AMENDING PLATLOT 50.51 GROSS ACRES0.49 NET ACRESLOT 70.53 GROSS ACRES0.51 NET ACRESS McKinley StS Coleman St E 3rd StE 1st StE 5th St1193E 7th StN Coleman StS Preston Rd VICINITY MAPNOT TO SCALEN1" = 40'04020SITELOCATIONLEGENDU.E. = UTILITY EASEMENT( ) = RECORDED DEED OR PLAT CALLOWNERS CERTIFICATIONSTATE OF TEXASCOUNTY OF COLLINWHEREAS, MATT SAVOY is the sole owner of a tract of land located in the Collin County School Land Survey, Abstract Number 147, Town of Prosper, Collin County, Texas,according to the deed from Precision Asset Group Inc, to Matt Savoy recorded under County Clerk's Instrument No. 97-0012003 of the Real Property Records of Collin County,Texas, also being all of Lot 5 and Lot 7, Block A of the Precision Addition as shown by the plat thereof recorded in Cabinet I, Page 132 of the Plat Records of Collin County Texasand being more particularly described as follows:BEGINNING at a "X Cut" found at the Southeast corner of said Lot 7 at the Northeast corner of Lot 9, Block A of the Said Precision Addition in a concrete alley;THENCE North 78 Degrees 30 Minutes 26 Seconds West with the common line between said Lot 7 and Lot 9 a distance of 242.30 feet to a capped iron rod marked "EagleSurveying" set at the Northwest corner thereof on the current East Right-of-Way of McKinley Street;THENCE North 11 Degrees 27 Minutes 11Seconds East with the West line of Lot 7 and Lot 5, along the said East Right-of-way of McKinley Street a distance of 195.81 feet to acapped iron rod marked "Eagle Surveying" set at the Northwest corner of said Lot 5 and the Southwest corner of Lot 3, Block A of the said Precision Addition;THENCE South 78 Degrees 21 Minutes 55 Seconds East with the common line between said Lot 3 and said Lot 5 a distance of 221.79 feet to "X Cut" set in said concrete alley atthe Northeast corner of Lot 5;THENCE South 05 Degrees 27 Minutes 21 Seconds West with the East lines of Lot 5 and Lot 7 , along the said concrete alley, a distance of 196.35 to the PLACE OF BEGINNINGand enclosing 45,370 square feet or 1.042 acres of land more or less.OWNERS DEDICATIONNOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:THAT MATT SAVOY DOES HEREBY CERTIFY AND ADOPT THIS AMENDING PLAT DESIGNATING THE HEREIN DESCRIBED PROPERTY AS LOT 5 AND LOT 7,PRECISION ADDITION, AN ADDITION TO THE TOWN OF PROSPER AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYSSHOWN HEREON, MATT SAVOY DOES HEREIN CERTIFY THE FOLLOWING:1. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET AND ALLEY PURPOSES.2. ALL PUBLIC IMPROVEMENTS AND DEDICATIONS SHALL BE FREE AND CLEAR OF ALL DEBT, LIENS AND/OR ENCUMBRANCES.3. THE EASEMENTS AND PUBLIC USE AREA, AS SHOWN ARE DEDICATED FOR THE PUBLIC USE FOREVER FOR THE PURPOSES INDICATED ON THIS PLAT.4. NO BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THEEASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS IN APPROVED BY THE TOWN OF PROSPER.5. THE TOWN OF PROSPER IS NOT RESPONSIBLE FOR REPLACING ANY IMPROVEMENTS IN, UNDER, OR OVER ANY EASEMENTS CAUSED BY MAINTENANCE ORREPAIR.6. UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAMEUNLESS THE EASEMENT LIMITS THE USER TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND TOWN OFPROSPER'S USE THEREOF.7. THE TOWN OF PROSPER AND PUBLIC UTILITIES SHALL HAVE THE TIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES,SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OREFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN THE EASEMENTS.8. THE TOWN OF PROSPER AND PUBLIC UTILITIES SHALL, AT ALL TIMES, HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVEEASEMENTS FOR THE PURPOSE OF CONSTRUCTING RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING ORREMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME PROCURING PERMISSION FROM ANYONE.9. ALL MODIFICATIONS TO THIS DOCUMENT SHALL BE BY MEANS AND APPROVED BY THE TOWN OF PROSPER.STREET EASEMENT - THE AREA OR AREAS SHOWN ON THE PLAT AS "STREET EASEMENT" ARE HEREBY GIVEN AND GRANTED TO THE TOWN OF PROSPER(CALLED TOWN) ITS SUCCESSORS AND ASSIGNS, AS AN EASEMENT TO CONSTRUCT, RECONSTRUCT, OPERATE, REPAIR, RE-BUILD, RELOCATE, ALTER,REMOVE, AND PERPETUALLY MAINTAIN STREET AND HIGHWAY FACILITIES, TOGETHER WITH ALL APPURTENANCES AND INCIDENTAL IMPROVEMENTS, IN, UPONAND ACROSS CERTAIN REAL PROPERTY OWNED BY GRANTOR, APPURTENANCES AND INCIDENTAL IMPROVEMENTS INCLUDE, BUT ARE NOT LIMITED TO,CURBS, GUTTERS, INLETS, APRONS, TRAFFIC SIGNS WITH OR WITHOUT ATTACHED FLASHING LIGHTS, GUARD RAILS, SIDEWALKS, BURIED CONDUITS, BURIEDCITY UTILITIES, AND UNDERGROUND FRANCHISE UTILITIES, STREET EASEMENTS SHALL REMAIN ACCESSIBLE AT ALL TIMES AND SHALL BE MAINTAINED BY THEOWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY, OR ADJACENT TO THE STREET EASEMENT, AFTER DOING ANY WORK IN CONNECTION WITHCONSTRUCTION,OPERATION OR REPAIR OF THE STREET AND HIGHWAY FACILITIES. THE TOWN SHALL RESTORE THE SURFACE OF THE STREET EASEMENT ASCLOSE TO THE CONDITION IN WHICH IT WAS FOUND BEFORE SUCH WORK WAS UNDERTAKEN AS IS REASONABLY PRACTICABLE, EXCEPT FOR TREES, SHRUBSAND STRUCTURES WITHIN THE STREET EASEMENT THAT WERE REMOVED AS RESULT OF SUCH WORK.THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS OF THE TOWN OF PROSPER, TEXAS.WITNESS, MY HAND THIS THE ______________DAY OF_____________________. 2017.OWNER: MATT SAVOYBY: _______________________________________________ Matt SavoySTATE OF TEXASCOUNTY OF ______________BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED MATT SAVOY,KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THESAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2017.___________________________________NOTARY PUBLIC, _____________ COUNTY, TEXAS.MY COMMISSION EXPIRES _______________________.CERTIFICATE OF SURVEYORSTATE OF TEXASCOUNTY OF DENTONI, ERNEST WOORSTER, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS PLAT AND FIELD NOTES MADE A PART THEREOF FROMAN ACTUAL AND ACCURATE SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY PERSONALSUPERVISION, IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS OF THE TOWN OF PROSPER, TEXAS.____________________________________________________ERNEST WOORSTER R.P.L.S. # 6509 DATESTATE OF TEXASCOUNTY OF TARRANTBEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED ERNEST WOORSTER,KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THESAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2017.___________________________________JOHN COX, NOTARY PUBLIC, TEXASMY COMMISSION EXPIRES July 11, 2020.CIRS = CAPPED IRON ROD SETBEING A RE-PLAT OF LOTS 5 & 7, BLOCK A OFPRECISION ADDITION, CABINET I, PAGE 132, P.R.C.C.T.AND BEING 1.04 ACRES OF LAND SITUATED IN THECOLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147,AN ADDITION IN THE TOWN OF PROSPER,COLLIN COUNTY, TEXASAMENDING PLATPRECISION ADDITIONLOTS 5 & 7, BLOCK AEAGLE SURVEYING, LLC210 SOUTH ELM STREETSUITE: 104DENTON, TX 76201940.222.3009TX FIRM #10194177CIRF = CAPPED IRON ROD FOUNDPOB = POINT OF BEGINNINGIRF = IRON ROD FOUNDP.U.E. = PUBLIC UTILITY EASEMENTR.O.W. = RIGHT OF WAY= BLOCKJOB #: 16-07-25DATE: 3/31/2017DRAFTER: CFE.E. = ELECTRIC EASEMENTB.L. = BUILDING LINER.O.W. = RIGHT OF WAYEAGLE SURVEYING, LLC210 SOUTH ELM STREETSUITE: 104DENTON, TX 76201940.222.3009SURVEYORENGINEEROWNERMOBIUS DESIGN, LLC7021 STRAWBERRY WAYFORT WORTH, TX 76137817.521.8577MATT SAVOY1701 HONEYSUCKLE LANEPROSPER, TX 75078214.546.4441AGENERAL PLAT NOTES1. All interior property corners are marked with a 1/2" iron rod with a green cap stamped "Eagle Surveying"unless otherwise noted.2. This property is located in "Non-shaded Zone X" as scaled from the F.E.M.A. Flood Insurance Rate Mapdated April 18, 2011 and is located in Community Number 480141 as shown on Map Number 48085C0235J. Thelocation of the Flood Zone is approximate, no vertical datum was collected at the time of the survey. For theexact Flood Zone designation, please contact 1-(877) FEMA MAP. No floodplain exists on the site.3. The purpose of this plat is to dedicate easements right-of-way to allow for development.4. The bearings shown on this survey were derived from Western Data Systems RTK Network and arereferenced to the Texas Coordinate System of 1983, North Central Zone (4202) and are based on the AmericanDatum of 1983, 2011 Adjustment.5. Selling a portion of this addition by meets and bounds is a violation of town ordinance and state law and issubject to fines and withholding of utilities and building permits.CERTIFICATE OF APPROVALApproved this ____day of ________________, 20____ by the Planning & ZoningCommission of the Town of Prosper, Texas.____________________________________ Planning & Zoning Commission Chair_____________________________________ Town Secretary_____________________________________ Engineering Department_____________________________________ Development Services DepartmentLOT TABLE SUMMARYLOT 5R BLOCK A21,174 SQUARE FEET0.45 ACRESLOT 7R BLOCK A22,238 SQUARE FEET0.51 ACRES Page 1 of 1 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko, AICP, Senior Planner Re: Planning & Zoning Commission Meeting – April 4, 2017 Agenda Item: Consider and act upon a Final Plat for Prosper Town Center, Phase V, Block A, Lot 1, on 1.6± acres, located 880± feet north of First Street and 550± feet east of Preston Road. The property is zoned Planned Development-7 (PD-7). (D17-0018). Description of Agenda Item: The Final Plat dedicates all easements necessary for development of a 37,884 square foot, 3- story, office building, which was approved by the Planning & Zoning Commission on September 20, 2016 (D16-0064). Access to the site is achieved via a Fire Lane, Access and Utility Easement from Hays Road and a Mutual Access and Fire Lane Easement from Preston Road, in lieu of fronting on a public street. PD-7 was amended to allow access to lots via these easements due to the location of future internal lots within the Prosper Town Center. The Final Plat conforms to the PD-7 development standards. Attached Documents: 1. Location Map 2. Final Plat Town Staff Recommendation: Town staff recommends approval of the Final Plat, subject to: 1. Town staff approval of all additions and/or alterations to the easements and dedications on the Final Plat. Prosper is a place where everyone matters. PLANNING D17-0018 FIRST STHAYS RDPRESTON RDNORTH RIDGE TRLC E D A R R ID GE D R BROADWAY ST KNOLL TRLSHADY CREEK CTM E A D O W RUN DR FIRST STPRESTON RD0 100 20050 Feet ± Page 1 of 7 To: Planning & Zoning Commission From: John Webb, AICP, Director of Development Services Re: Planning & Zoning Commission Meeting – April 4, 2017 Agenda Item: Conduct a Public Hearing and consider and act upon a request to amend Chapter 3, Permitted Uses and Definitions, and Chapter 4, Development Requirements, of the Zoning Ordinance regarding Accessory Structures, Accessory Buildings, Guest Houses and Garage Apartments. (Z16-0014). Background/Description of Agenda Item: Recent developments of accessory structures and guest houses have warranted the need to review the standards of these uses to ensure the structures do not have a negative impact on adjacent residential properties. In addition, staff has received requests to reduce the required rear yard setback on single family lots to accommodate attached accessory structures such as patio covers. The Commission discussed this item during their February 7th, February 21st and March 21st meetings, and toured sites in the Town on February 21st. Guest Houses: The Zoning Ordinance defines a “guest house” as, “An accessory dwelling unit, detached from the main building on the lot, used to house family and/or guests of the owner(s) of the main residential structure, and which is never rented or offered for rent.” The Zoning Ordinance permits Guest Houses by right in all residential districts and the Downtown Retail District with the following standards contained within the section of the Zoning Ordinance regarding “Accessory Structures and Uses.” ”A Guest House shall be permitted in the Agricultural through the Downtown Retail Districts as an incidental residential use of a building on the same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family and shall meet the following standards: A. The Guest House must be constructed to the rear of the main dwelling, separate from the main dwelling. A lot must have a minimum of one-half (½) acre for a Guest House to be permitted. B. The Guest House may be constructed only upon issuance of a Building Permit. C. The Guest House may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sub-let. D. Setback requirements shall be the same as for the main structure.” Prosper is a place where everyone matters. PLANNING Page 2 of 7 Issues & Recommendations 1. Update the definition of a guest house in Section 2 of Chapter 3 to read, “A second, attached or detached dwelling unit located on the same lot or tract as the primary dwelling unit, which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit. A mobile home or a HUD-Code manufactured home shall not be considered as a guest house.” 2. Amend the Use Chart in Section 1 of Chapter 3. Since the use is designated as a “by-right” in the Use Chart of the Zoning Ordinance, it is not readily apparent there are conditions that need to be met. Recommend amending the use Chart to designate “Guest Houses” as a “Conditional Use” with new standards as noted below in the Agricultural and Single Family Districts. Remove the use from the Downtown Single Family District, due to the smaller lot size in this district. 3. Create new Conditional Use for Guest House in Section 1.4 of Chapter 3 to read, a) The guest house, if detached, shall be located on a lot or tract containing a minimum of one (1) acre; b) To be classified as an attached guest house, the second living quarters shall be integral to primary dwelling and be accessed through conditioned interior corridors. A guest house that is connected to the primary dwelling by a covered or enclosed walkway shall meet all conditions of a detached guest house. c) The guest house shall be located on the same lot or tract as the existing primary dwelling; d) If detached, the guest house shall be located behind the primary structure at a point no closer than ten (10) feet from the rear wall line of the primary dwelling. e) If detached, the guest house shall meet all rear yard and side yard setbacks that are required of the primary dwelling; f) If detached, the height of the guest house shall not exceed the height of the primary dwelling; g) If detached, a guest house shall not be finaled/approved for occupancy prior to the final/approval for occupancy of the primary dwelling; h) No more than one (1) guest house per lot or tract shall be permitted; i) The guest house shall not be rented or leased or offered for rent or lease, independently of the primary dwelling; j) The guest house shall not be sold separately from the sale of the entire property, including the primary dwelling; k) The guest house shall be serviced by the same electric and natural gas utility meters as the primary dwelling; l) The exterior building materials shall be consistent with the exterior materials of the primary dwelling; m) The maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas shall not exceed fifty percent (50%) of the dwelling area of the primary dwelling. However, in no instance, shall the maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas exceed 2,000 square feet; and n) In no case shall the combined area of the primary dwelling, guest house and/or other accessory buildings exceed the maximum percentage of lot coverage permitted for the zoning district in which the structures are located. Page 3 of 7 Garage Apartments: The Zoning Ordinance defines a “garage apartment” as, “An accessory dwelling unit for one (1) family erected in conjunction with a garage, but with a separate entrance than that of the primary dwelling unit on the lot, when the main structure is an owner occupied detached dwelling unit, and which is never rented or offered for rent.” Issues & Recommendations Garage apartments are permitted by right in the Agricultural, Single Family, and Downtown Single Family Districts without any conditions. If standards are not established for this use, the newly established standards for guest houses could be circumvented. Unlike a guest house, it may appropriate for the “garage apartment” to be located on a smaller lot. Since the term, “apartment” is associated with a rental unit, staff recommends the term be amended. 1. Amend the term, Garage Apartment” in the Use Chart in Section 1, Chapter 3 to read, “Residential Garage Loft,” 2. Amend the definition of the revised term in Section 2 of Chapter 3 to read, “A small, accessory dwelling located above a private garage which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit. 3. Amend the Use Chart in Section, 1, Chapter 3 by changing the “by-right” designation to a “Conditional Use” with new standards as noted below in the Agricultural, Single Family Districts, and Downtown Single Family District. 4. Create new Conditional Uses in Section 1.4 of Chapter 3 to read, a. The residential garage loft shall be located on the same lot or tract as the primary dwelling unit, b. The residential garage loft shall be located above the garage and the total area of the unit shall not exceed 800 square feet. c. The height of the residential garage loft shall not exceed the height of the primary dwelling; d. No more than one (1) residential garage loft per lot or tract shall be permitted; e. The residential garage loft shall not be rented or leased or offered for rent or lease, independently of the primary dwelling; f. The residential garage loft shall not be sold separately from the sale of the entire property, including the primary dwelling; g. The residential garage loft shall be serviced by the same electric and natural gas utility meters as the primary dwelling; h. The exterior building materials shall be consistent with the exterior materials of the primary dwelling; Detached Accessory Structures: The Zoning Ordinance currently has the following standards: “DETACHED GARAGE AND ACCESSORY BUILDING CONSTRUCTION A. The exterior facades of a detached garage or other accessory building or structure greater than one hundred and sixty (160) square feet shall be subject to the same exterior construction material(s) requirements as the main building or structure. B. An accessory building that is larger than one hundred and sixty (160) square feet may be vinyl, cementatious fiber board, or factory coated decorative metal if the wall height Page 4 of 7 of the building does not exceed fourteen (14) feet and if three (3) of the following six (6) conditions are met: 1. A minimum three (3) foot high wainscoting is provided on all sides, excluding windows and doors, 2. Divided light windows are provided on at least two sides of the building, 3. A minimum roof pitch of four (4) in twelve (12) is provided, 4. A cupola is provided, 5. One (1) tree, a minimum size of one (1) caliper inch, is planted every twenty (20) feet, or portion thereof, along the longest sides of the building, or 6. A minimum twenty (20) foot side yard setback is provided C. Metal or wood may be used as an exterior construction material for an accessory building or structure of one hundred and sixty (160) square feet or less in an SF or 2F District. D. Cementatious fiber board may be used to fulfill masonry requirements for structures accessory to an existing structure constructed entirely of wood or vinyl siding.” The development standards for structures greater than 160 square feet were added to the Zoning Ordinance in an attempt to ensure the buildings were compatible with the residential character of the neighborhood, while allowing larger structures. Issues & Recommendations In relation of the size of an accessory building to the primary residence, with the exception of lot coverage, there is no limit on the size of an accessory structure. In r elation of the height of the accessory building to the height of the primary residence, a two-story accessory building can be built on a lot with a one-story home. Staff recommends the standards of Section 7.6 of Chapter 4 be revised and new standards be established as follows: A. The exterior facades of a detached garage or other accessory building or structure greater than one hundred and sixty (160) square feet shall be subject to the same exterior construction material(s) requirements as the main building or structure. B. An accessory building that is larger than one hundred and sixty 160 square feet may be vinyl, cementatious fiber cement board (updated term), or factory coated decorative metal if the wall height of the building does not exceed fourteen (14) feet and if three (3) of the following six (6) conditions are met: 1. A minimum three (3) foot high wainscoting is provided on all sides, excluding windows and doors, 2. Divided light windows are provided on at least two sides of the building, 3. A minimum roof pitch of four (4) in twelve (12) is provided, 4. A cupola is provided, 5. One (1) tree, a minimum size of one (1) two (2) caliper inch, is planted every twenty (20) twenty-five (25) feet, or portion thereof, along the longest two (2) sides of the building, or 6. A minimum twenty (20) foot side yard setback is provided. C. Metal or wood may be used as an exterior construction material for an accessory building or structure of one hundred and sixty (160) square feet or less in an SF or 2F District. D. Cementatious Fiber cement board may be used to fulfill masonry requirements for structures accessory to an existing structure constructed entirely of wood or vinyl siding. C. In no instance shall the height of an accessory building or detached garage exceed the height of the primary dwelling. D. Accessory buildings in excess of 160 square feet shall be located behind the primary Page 5 of 7 structure at a point no closer than ten (10) feet from the rear wall line of the primary dwelling. E. A Specific Use Permit is required for either of the following instances: 1) An accessory building that is greater in size than the primary dwelling. For the purpose of this subsection, the size of the primary dwelling includes the attached private garage, 2) the size of an accessory building which is greater than seven percent (7%) of the lot area, or 3) the size of the accessory structure is greater than 4,000 square feet. Attached Accessory Structures: With smaller lots being developed in the Town, homes are being constructed up to or near the required front, side and rear yard lines. As depicted in Figure 1 below, a SF-10 District lot (minimum 10,000 square-foot lot area) requires a 25-foot front yard setback, a 25-foot rear yard setback and an eight-foot side yard setback. Figure 1 When the house is built up to the rear yard setback, there is no opportunity to add a shade structure such as a covered patio or pergola at the back of the home without encroaching into the required rear yard setback as depicted in Figure 2. Homeowners have requested staff for relief of the rear yard setback requirement to build attached shade structures as depicted in Figure 3. Since there is no physical hardship, the Board of Adjustment cannot consider a variance. Page 6 of 7 Figure 2 Figure 3 The Zoning Ordinance permits detached accessory structures in the required rear or side yards, if the structure is located at least three (3) feet from the property line and a minimum of ten (10) feet from the main structure, as depicted in Figure 4. However, homeowners want the shade structure attached to the rear of the home. Page 7 of 7 Figure 4 Issues to consider: • Allowing further encroachments into the required yard areas further reduces the open space between homes. • Restriction of fire access at the rear of the home. • Consequence of reduced setback for a covered patio in combination with other detached structures in the rear yard. • Could allow the shade structure to encroach into the rear yard if open on at least three (3) sides. However, the structure could be enclosed at a later date without the staff’s knowledge. Attached Accessory Structures – Recommended Amendments to the Zoning Ordinance: Staff is not recommending an amendment to allow attached structures to encroach into the required setbacks. Legal Obligations and Review: Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to recommend approval of the request. Notice of the Planning & Zoning Commission Public Hearing was provided in the newspaper as required by the Zoning Ordinance and state law. Staff Recommendation: Staff recommends the Planning & Zoning Commission approve the requested amendments to the Zoning Ordinance as submitted. Council Review and Public Hearing: The Town Council will receive a briefing on this item on April 11, 2017 and a Public Hearing has been scheduled for the Town Council at their Regular meeting on May 9, 2017. RESULTS Page 1 of 3 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. CONSENT AGENDA: (All Consent Agenda Items Approved, 6-0) (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – March 14, 2017 4b. Consider and act upon a resolution amending Section 3.(c) of the Prosper Economic Development Corporation bylaws. (KN) 4c. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between RPGA Design Group, Inc., and the Town of Prosper, Texas, related to conducting a needs assessment for the Public Safety Facility project. (DK) 4d. Consider and act upon an ordinance repealing and replacing Article 4.06, “Wrecker Services,” of Chapter 4, “Business Regulations,” of the Code of Ordinances related to towing services. (DK) 4e. Consider and act upon an ordinance amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. (DK) 4f. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.93 acres of real property, situated generally in the Collin County School #12 Land Survey, Abstract 147, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Old Town Regional Detention/Retention project, and for other public purposes permitted by law. (SG) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, March 28, 2017 6:00 p.m. RESULTS Page 2 of 3 4g. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.215 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street project and for other public purposes permitted by law. (SG) 4h. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) 5. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon a request for a Variance to the Sign Ordinance, regarding a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). (V17-0002). (AG) Approved, 6-0 DEPARTMENT ITEMS: 7. Consider and act upon approving a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. (DR) Approved, 6-0 8. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 8a. Section 551.087 – To discuss and consider economic development incentives. 8b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. RESULTS Page 3 of 3 8c. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and all matters incident and related thereto. 9. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Speed Limits on Town Roadways. (HW) • Town Hall Brick and Mortar Selection. (HW) • Residential Design Standards. (JW) 11. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on March 24, 2017, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time.