06.20.17 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 June 6, 2017, Regular Planning & Zoning
Commission meetings.
3b. Consider and act upon a Site Plan for a Utility Distribution/Transmission Facility, on 0.1±
acre, located on the northeast corner of Fishtrap Road and FM 1385. The property is
zoned Retail (R) and Specific Use Permit-21 (SUP-21). (D17-0017).
3c. Consider and act upon an Amending Plat of Windsong Ranch, Phase 2B, Block A, Lot
14 and Block X, Lot 3, on 0.24± acre, on the northwest corner of Porosa Lane and
Redstem Drive. The property is zoned Planned Development-40 (PD-40). (D17-0036).
3d. Consider and act upon an Amending Plat of Windsong Ranch, Phase 2E, Block A, Lot
14 and Block X, Lot 4, on 0.24± acre, on the southwest corner of Paddock Lane and
Redstem Drive. The property is zoned Planned Development-40 (PD-40). (D17-0037).
3e. Consider and act upon a Final Plat for Windsong Ranch, Phase 4D, for 53 single family
residential lots and three (3) HOA/open space lots, on 26.2± acres, located 1,700± feet
east of Windsong Parkway and 1,250± feet north of Fishtrap Road. This property is
zoned Planned Development-40 (PD-40). (D17-0038).
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 rezone a portion of
PD-25, on 35.9± acres, in order to modify development standards to allow for 26
temporary buildings at Rogers Middle School, in Prosper Independent School District
(PISD), located on the northeast corner of Richland Boulevard and Coit Road. (Z17-
0005).
AGENDA
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, June 20, 2017, 6:00 p.m.
Prosper is a place where everyone matters.
5. Conduct a Public Hearing, and consider and act upon a request to amend Chapter 3,
Permitted Uses and Definitions of the Zoning Ordinance regarding the permitted use of
restaurants with drive-through service, the definition of restaurants, and the definition of
automobile sales, service and leasing. (Z17-0006).
6. Review actions taken by the Town Council and possibly direct Town Staff to schedule
topic(s) for discussion at a future meeting.
7. 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 June 16, 2017, at 5:00 p.m. 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 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 6:00 p.m.
Commissioners present: Chairman John Alzner, Vice Chairman John Hema, Secretary
Brandon Daniel, Craig Andres, and Bobby Atteberry
Commissioner absent: Chad Robertson
Staff present: Alex Glushko, Senior Planner; Scott Ingalls, Planner; and Pamela Clark, Planning
Technician
2. Recitation of the Pledge of Allegiance.
3. CONSENT AGENDA
3a. Consider and act upon minutes from the May 16, 2017, Regular Planning & Zoning
Commission meetings.
3b. Consider and act upon a Site Plan for a restaurant with drive-through in Gates of
Prosper (Whataburger), on 2.0± acres, located on the east side of Preston Road,
1,000± feet north of US 380. This property is zoned Planned Development-67 (PD-
67). (D17-0034).
3c. Consider and act upon a Final Plat for Gates of Prosper, Block A, Lot 6, on 2.0±
acres, located on the east side of Preston Road, 1,000± feet north of US 380. This
property is zoned Planned Development-67 (PD-67). (D17-0035).
Motioned by Hema, seconded by Atteberry, to approve the Consent Agenda, subject to Town
staff recommendations. Motion approved 5-0.
REGULAR AGENDA
4. Consider and act upon a Site Plan for a retail/restaurant building (North Preston
Village), on 2.2± acres, located on the east side of Preston Road, 2,000± feet south
of Prosper Trail. This property is zoned Retail (R). (D17-0029).
Glushko: Provided an update on the request and presented exhibits provided by the applicant.
David Bond (Applicant): Informed Commissioners that the sidewalk around the building was
increased from 5 feet to 8 feet in width. Described the lighting proposed on the façade of the
buildings, intended to light pedestrian walkways.
Chris Rador (Architect): Described the layout of the proposed development. Stated if the
building is used solely for Retail then 93% of the parking is located in front of the building.
Indicated the additional parking is to allow for possible restaurant users.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, June 6, 2017, 6:00 p.m.
Prosper is a place where everyone matters.
Prosper Planning & Zoning Commission
Meeting Minutes of June 6, 2017
Commissioners voiced support for the request.
Motioned by Daniel, seconded Andres, to approve Item 4, subject to Town staff
recommendations. Motion approved 5-0.
5. Consider and act upon a request for a Façade Exception for the Gates of Prosper
(Dick’s Sporting Goods / Field & Stream), located on the northwest corner of US
380 and Lovers Lane. (MD17-0003).
Glushko: Summarized the request and presented exhibits provided by the applicant.
Tim Smith (Developer): Described the material proposed for the mechanical screening and how
it will be installed.
Commissioners voiced general support for the request, and appreciated the applicant’s effort to
screen the mechanical units, citing challenges with the existing topography and screening
options.
Motioned by Hema, seconded by Atteberry, to approve Item 5, subject to Town staff
recommendations. Motion approved 5-0.
6. Consider and act upon a request for a Façade Exception for Bryant’s Addition,
Block 23, Lot 3R (307 E. First Street), located on the northwest corner of Church
Street and First Street. (MD17-0004).
Chairman Alzner recused himself from Item 6, due to a potential conflict of interest, and stepped
down from the dais.
Ingalls: Summarized the request and presented exhibits provided by the applicant. Provided
information regarding the type of material being proposed.
Trevor Wood (Applicant): Provided information on the availability and the application of the
proposed material.
Dale Thomas (Product Representative): Provided information regarding the proposed product
durability, lifespan, color options, application process, and additional locations where the
proposed product is currently being used. Stated the proposed product is the equivalent of
manufactured stone.
Commissioners voiced a preference for stone, but overall support for the request.
Motioned by Atteberry, seconded by Daniel, to approve Item 6, subject to Town staff
recommendations. Motioned approved 4-0.
Chairman Alzner returned to the dais.
7. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Prosper Planning & Zoning Commission
Meeting Minutes of June 6, 2017
Glushko: Provided and described a concept plan included along with a recently submitted
rezoning application for Planned Development-25 and Planned Development-39. Provided
information on the processes currently in place to review mechanical unit screening on
commercial projects.
8. Adjourn.
Motioned by Hema, seconded by Atteberry, to adjourn. Motioned approved 5-0 at 7:04 p.m.
______________________________________________ _________________________
Pamela Clark, Planning Technician Brandon Daniel, Secretary
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 – June 20, 2017
Agenda Item:
Consider and act upon a Site Plan for a Utility Distribution/Transmission Facility, on 0.1± acre,
located on the northeast corner of Fishtrap Road and FM 1385. The property is zoned Retail
(R) and Specific Use Permit-21 (SUP-21). (D17-0017).
Description of Agenda Item:
On June 13, 2017 the Town Council approved a Specific Use Permit request (Case #S17-0002)
to permit a Utility Distribution/Transmission Facility for a water metering station for Artesia. The
Site Plan shows the Utility Distribution/Transmission Facility, including the concrete vault,
waterlines, driveway, and 6-foot metal fencing with brick and stone columns. Access is
provided from Fishtrap Road. The Site Plan conforms to the Retail and Specific Use Permit-21
development standards.
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, and irrigation plans.
Prosper is a place where everyone matters.
PLANNING
FM 1385 FISHTRAP RD
CHEROKEE ROSE TRLSAINT SIMONS ST COVENTRY DR
ENGLISH IVY DRFM 1385 0 60 12030
Feet ±
D17-0017
THESE PLANS HAVE BEEN LOCATED FROM REFERENCE
INFORMATION AND AS-BUILT PLANS. IT SHALL BE THE
RESPONSIBILITY OF THE CONTRACTOR TO VERIFY
HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING
UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR
SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL
EXISTING UTILITIES AND WILL BE RESPONSIBLE FOR ANY
DAMAGE TO SAID UTILITIES. THE CONTRACTOR SHALL
NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION.
EXISTING UTILITIES AND UNDERGROUND FACILITIES OF
CAUTION:
DRAWN BY:
DATE:
PROJECT NO.SHEET
Graham Associates,Inc.
CONSULTING ENGINEERS & PLANNERS
600 SIX FLAGS DRIVE, SUITE 500
ARLINGTON, TEXAS 76011 (817) 640-8535
TBPE FIRM: F-1191/TBPLS FIRM: 101538-00
SHEET OF
GAI 950-1010
5/9/2017 1
DENTON COUNTY FRESH WATER SUPPLY DISTRICT No 10
DENTON COUNTY, TEXAS
1 1
SITE PLAN
ARTESIA METER STATION
ARTESIA WATER CONNECTION TO
24" WATER LINE & METER STATION
Ordinance No. 17-46, Page 5
Page 1 of 1
To: Planning & Zoning Commission
From: Scott Ingalls, AICP, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – June 20, 2017
Agenda Item:
Consider and act upon an Amending Plat of Windsong Ranch, Phase 2B, Block A, Lot 14 and
Block X, Lot 3, on 0.24± acre, on the northwest corner of Porosa Lane and Redstem Drive. The
property is zoned Planned Development-40 (PD-40). (D17-0036).
Description of Agenda Item:
The purpose of this Amending Plat is to combine a single-family lot and an HOA open space lot
into one lot for the construction of a single-family residence. The Amending Plat conforms to the
PD-40 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
D17-0036
FI SHTRAP RD
REDSTEM DRPADDOCK LN
PO ROSA LN
GREENBRIAR LN±0 50 100 15025Feet
Page 1 of 1
To: Planning & Zoning Commission
From: Scott Ingalls, AICP, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – June 20, 2017
Agenda Item:
Consider and act upon an Amending Plat of Windsong Ranch, Phase 2E, Block A, Lot 14 and
Block X, Lot 4, on 0.24± acre, on the southwest corner of Paddock Lane and Redstem Drive. The
property is zoned Planned Development-40 (PD-40). (D17-0037).
Description of Agenda Item:
The purpose of this Amending Plat is to combine a single-family lot and an HOA open space lot
into one lot for the construction of a single-family residence. The Amending Plat conforms to the
PD-40 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
D17-0037
FI SHTRAP RD
REDSTEM DRPADDOCK LN
PO ROSA LN
GREENBRIAR LN±0 50 100 15025Feet
Page 1 of 1
To: Planning & Zoning Commission
From: Scott Ingalls, AICP, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – June 20, 2017
Agenda Item:
Consider and act upon a Final Plat for Windsong Ranch, Phase 4D, for 53 single family residential
lots and three (3) HOA/open space lots, on 26.2± acres, located 1,700± feet east of Windsong
Parkway and 1,250± feet north of Fishtrap Road. This property is zoned Planned Development-
40 (PD-40). (D17-0038).
Description of Agenda Item:
The Final Plat shows 53 single-family residential lots and three (3) HOA/open space lots. Access
will be provided from Providence Drive and Pepper Grass Lane. The Final Plat conforms to the
PD-40 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
D17-0038
FI SHTRAP RD TEEL PKWYGOOD HOPE RDWOODBINE LNWINDSONG PKWYBRAZORIA DR
DEWBERRY LN
PEPPER GRASS LN
BELLARDIA DRB L U E S A G E D R
HOLLY CRK
PLACID TRL
ESPERANZA DRCOMMONS WAYPERD IDO CREEK TRL
CANYON RDG
AQUILLA WAY
GLADEWATER TRCE
BRYANT PARK AVE
LIVINGSTON DRFOREST PARK DRHIGH LINE DRCENTRAL PARK DRPROVI
DENCE DR±0 225 450 675112.5 Feet
Page 1 of 3
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – June 20, 2017
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone a portion of PD-25,
on 35.9± acres, in order to modify development standards to allow for 26 temporary buildings at
Rogers Middle School, in Prosper Independent School District (PISD), located on the northeast
corner of Richland Boulevard and Coit Road. (Z17-0005).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Planned Development-25 Rogers Middle School
(PISD) US 380 District
North Planned Development-25
Lakewood, Phase 1
(Under Construction)
and Undeveloped
Medium Density
Residential
East Planned Development-25 Undeveloped Medium Density
Residential
South Planned Development-38 Undeveloped US 380 District
West Planned Development-2
and Office
Orion Apartments and
Undeveloped US 380 District
The purpose of the proposed PD amendment is to reduce the building and landscape setbacks
to allow for the placement of 26 temporary buildings at Rogers Middle School. On May 19,
2015, the Planning & Zoning Commission approved seven (7) temporary buildings for Rogers
Middle School. Of the seven (7) approved buildings, five (5) temporary buildings have been
permitted and placed on the property.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
PISD informed the Town of their intent to add five (5) additional temporary buildings for the
upcoming school year, and the District was informed that a Site Plan for the temporary buildings
would be required to allow for ten (10) proposed temporary buildings. On May 10, 2017, PISD
submitted an application for the Site Plan; however, the plan showed five (5) temporary
buildings which encroached into the required building and landscape setbacks. Specifically, the
building setback along Richland Boulevard is 30 feet and the landscape setback is 25 feet, and
according to the District, the closest buildings were proposed to be approximately 20 feet from
the property line, an encroachment of approximately ten (10) feet into the building setback and
five (5) feet into the landscape setback.
The Town informed the applicant that the Site Plan could not be approved by the Planning &
Zoning Commission as proposed, due to the encroachment of the setbacks. The applicant and
Town coordinated to identify locations where five (5) additional temporary buildings could be
located and meet all the Town’s regulations.
During a routine site inspection on April 26, 2017, Town staff identified stakes for temporary
buildings in the location shown on the original Site Plan, which encroached into the building and
landscape setbacks. Staff contacted the applicant and expressed concerns with the location of
the stakes, citing encroachments to the setbacks, that portions of the sidewalk would be blocked
and potential conflicts with ADA regulations, and that a number of stakes were located within
existing landscape beds. The applicant responded regarding the necessity of placing the
temporary buildings in that location. Staff informed the applicant the only way to allow for the
temporary buildings in that location would be to rezone the property to reduce the required
building and landscape setbacks.
On May 3, 2017, the engineering firm, Teague, Nall, & Perkins, contacted the Town on behalf of
the District to inquire about rezoning the property. On May 11, 2017, Town staff observed four
(4) temporary buildings being placed on the property in the staked out locations, encroaching
the setbacks, situated over the sidewalk, and into portion of the landscape beds.
On May 22, 2017, an application to rezone the property was submitted by Teague, Nall, &
Perkins. The applicant is requesting to reduce the front building and landscape setbacks to ten
(10) feet along Richland Boulevard to allow for the existing temporary buildings. The District is
also proposing to provide for additional sidewalks to replace the portions of sidewalk that have
been blocked by the temporary buildings.
The following is a picture of the temporary buildings being installed within the building and landscape
setbacks and over the sidewalk.
Page 3 of 3
Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the
property; the proposed amendment conforms to the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to existing Coit Road, an ultimate six-lane
divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended
to the property.
Access – The property currently has access from Coit Road and Richland Boulevard. Adequate
access is provided to the property.
Schools – This property is owned by the Prosper Independent School District.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – No 100-year floodplain exists on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners, as required by state law. Town staff
has received one Public Hearing Notice Reply Form, not in opposition to the request.
Attached Documents:
1. Location and Zoning Maps
2. Proposed Exhibits A, B, C, D, and E
3. Public Hearing Notice Reply Form
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve the request to rezone a
portion of PD-25, on 35.9± acres, in order to generally modify development standards to allow
for 26 temporary buildings at Rogers Middle School, in Prosper Independent School District
(PISD), located on the northeast corner of Richland Boulevard and Coit Road. As noted in the
proposed Development Standards in Exhibit C, the reduced building setback and the
encroachment into the required landscape would only apply to the temporary buildings.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council meeting on July 11, 2017.
Z17-0005COIT RDUNIVERSITY DR
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PALO DURO DR
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TWIN BUTTES DRMEADOWBROOK BLVDFALCON DRWHITE RIVER DRLOST CREEK DRMOORLAND PASS DRA
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SOMERVILLE DRJACE DRLANGLEY WAYTHACKERY LN
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TTRAVIS LNMARTIN CREEK DRKINGSTON STPRESTWI
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COLD WATER DR
OLD SHIRE PATH RD
BUFFALO SPRINGS DRBROADHURST LNMEADOW DELL DR
ABBEYGALE DRB
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TCOIT RDLA CIMA BLVD±0 360 720 1,080180Feet
Z17-0005
S-4
S-2
S-8 COIT RDUNIVERSITY DR
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RSALADA DRLA CIMA BLVDRICHLAND BLVDTEXANA DRNOCONA DR
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SOMERVILLE DRJACE DRLANGLEY WAYTHACKERY LN
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OLD SHIRE PATH RD
BUFFALO SPRINGS DRBROADHURST LNMEADOW DELL DR
ABBEYGALE DRB
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TCOIT RDLA CIMA BLVDSFPD-25
SF-10PD-6
MPD-25
MFPD-2
CORPD-2 RPD-38
SF-15PD-6
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±0 360 720 1,080180Feet
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
engineers
surveyors
landscape architects
www.tnpinc.com
June 6, 2017
Alex Glushko
Town of Prosper
409 E. First St.
Prosper, TX 75078
RE: Exhibit B (Z17-0005) - Statement of Intent and Purpose – Rogers Middle School
Mr. Glushko,
It is Prosper ISD’s intent to amend the current zoning for the Rogers Middle School property to reduce the building
setback and landscape setback to 10 feet. This is being requested due to the need for additional temporary
buildings to create more classroom space. Please reference Exhibit D for proposed building locations.
Sincerely,
tnp
teague nall & perkins
Chris Schmitt, P.E.
Principal
Z17-0005
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
PISD-ROGERS MIDDLE SCHOOL
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s Zoning
Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision
Ordinance, as it exists or may be amended, shall apply.
1. Except as noted below, the Tract shall develop in accordance with the Single Family-
15 (SF-15) District, as it exists or may be amended.
2. Development Plans
A. Concept Plan: The tract shall be developed in general accordance with the
attached concept plan, set forth in Exhibit D.
3. Regulations
A. Size of Yards:
i. Minimum Front Yard – Thirty five (35) feet. Ten (10) feet along Richland
Boulevard for Temporary Buildings.
ii. Minimum Side Yard – Ten (10) feet; fifteen (15) feet on corner adjacent to
side street.
iii. Minimum Rear Yard – Twenty five (25) feet.
4. Non-Residential Landscaped Area Requirements
A. All non-residential landscaped area requirements set forth in the Zoning Ordinance
shall apply, except as follows:
i. The landscape area may be reduced to ten (10) feel for the portions of a
property adjacent to Richland Boulevard where Temporary Buildings are
located.
PPS10288Prosper, TexasProsper Independent School DistrictRogers Middle Schoolrevisionno. datebytnp projectsheet17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 ph 214.461.9864 fxTBPE Registration No. F-230www.tnpinc.comscaleverthorizwhen bar is1 inch longJune 2017EXHIBIT D - ZONING EXHIBITN/A1"=100'
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
engineers
surveyors
landscape architects
www.tnpinc.com
June 6, 2017
Alex Glushko
Town of Prosper
409 E. First St.
Prosper, TX 75078
RE: Exhibit E (Z17-0005) - Development Schedule – Rogers Middle School
Mr. Glushko,
Prosper ISD is requesting that the proposed setback reduction be implemented immediately following approval
from the Planning & Zoning Commission.
Sincerely,
tnp
teague nall & perkins
Chris Schmitt, P.E.
Principal
Page 1 of 2
To: Planning & Zoning Commission
From: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 20, 2017
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend Chapter 3, Permitted
Uses and Definitions of the Zoning Ordinance regarding the permitted use of restaurants with
drive-through service, the definition of restaurants, and the definition of automobile sales, service
and leasing. (Z17-0006).
Background/Description of Agenda Item:
This is a Town-initiated request to amend the Zoning Ordinance regarding auto sales and
restaurants with drive-through services.
1. Auto sales: While the Use Chart in the Zoning Ordinance differentiates between auto sales where
the primary use is the sales or leasing of new vehicles vs. auto sales where the primary use is the
sales of used vehicles, there are Planned Development Districts that permit auto sales but do not
differentiate between new or uses sales.
Staff recommends adding a new definition for automobile sales, service and leasing to ensure
this use is limited to the sale, leasing or rental of new vehicles as the primary use and the sale
of used vehicles is an incidental use.
2. The Zoning Ordinance permits restaurants with drive-through service by right in the Retail,
Commercial, and Commercial Corridor zoning districts. Therefore, an unlimited number of these
uses can locate along the Town’s commercial corridors such as Preston Road, US 380 and the
Dallas North Tollway.
In order to provide the Commission and Town Council with the ability to review the
appropriateness of this use on a case-by-case basis, staff recommends requiring restaurants
with drive-through service to be permitted upon approval of a Specific Use Permit. This
amendment will also allow staff more discretion in working with the applicant on the design of
the stacking lanes.
Specific Recommended Amendments:
1. Add a new definition of Section 2.2 of Chapter 3 of the Zoning Ordinance to read,
“Automobile Sales, Service and Leasing - the sale, rental or leasing of new automobiles
or light load vehicles, and includes as incidental uses (i) automobile or light load vehicle
Prosper is a place where everyone matters.
PLANNING
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used sales and (ii) on-site automobile repair services related to the sale, rental or leasing
of new automobiles or light load vehicles.”
2. Amend the Conditional Development Standards for a “Restaurant” in Section 1.4 (26)(b) of
Chapter 3 of the Zoning Ordinance to read (new text in “red”),
“Restaurants with drive-through service are only permitted in the R, C, and CC Zoning
Districts upon approval of a Specific Use Permit.”
3. Amend the definition of “Restaurant” in Section 2.2 of Chapter 3 of the Zoning Ordinance to
read (new text in “red”; deleted text - strikethrough),
“Restaurant – An establishment where food and drink are prepared and consumed
primarily on the premise. Drive-up windows are Drive-through service is permitted in
accordance with the Conditional Development Standards.
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.
Town Staff Recommendation:
Staff recommends the Planning & Zoning Commission approve the requested amendments to
the Zoning Ordinance as submitted.
Town Council Public Hearing:
A Public Hearing for this item has been scheduled for the Town Council at their Regular meeting
on June 27, 2017.
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]
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. Presentations.
• Presentation of the State and Local Government Benefits Association (SALGBA)
Award for Exemplary Efforts in Benefits to members of the Human Resources staff.
(BR)
5. CONSENT AGENDA: All Consent Agenda items approved, 6-0 (Councilmember
Korbuly absent)
(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.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting – May 23, 2017
5b. Receive the April financial report. (KN)
5c. Consider and act upon approving the purchase of one ambulance, from
Professional Ambulance Sales and Service, the Texas dealer for Horton
Emergency Vehicles, through the Houston-Galveston Area Council (HGAC)
Cooperative Purchasing Program; and authorizing the Town Manager to execute
the Sales Agreement for same. (SB)
5d. Consider and act upon authorizing the Town Manager to execute a Medical
Director Agreement and a Memorandum of Understanding between Beacon
Emergency Services Team, P.A., dba BEST EMS, and the Town of Prosper,
Texas, related to medical director/control services. (SB)
5e. Consider and act upon an ordinance providing for the property tax exemption of
Freeport Goods. (KN)
5f. Consider and act upon an ordinance amending 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). (JW)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 13, 2017
6:00 p.m.
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5g. Consider and act upon a resolution affirming that Denton County is exclusively
authorized to issue all subdivision and permit approvals in Denton County Fresh
Water Supply District No. 10. (AG)
5h. Consider and act upon an ordinance amending Section 12.09.003 "Speed Limits
on Specific Streets," of Chapter 12 "Traffic and Vehicles," of the Town's Code of
Ordinances by modifying the prima facie speed limit on La Cima Boulevard. (HW)
5i. 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)
6. 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 HEARING:
7. Presentation of service plan and second Public Hearing to consider the voluntary
annexation of a 5.7± acres located on the west side of Custer Road, 1,300± feet south of
Frontier Parkway. (A17-0001). (AG) No action required
8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use
Permit for a Utility Distribution/Transmission Facility, on 0.1± acre, located on the
northeast corner of Fishtrap Road and FM 1385. The property is zoned Retail (R). (S17-
0002). (AG) Approved, 6-0 (Councilmember Korbuly absent)
9. Conduct a Public Hearing, and consider and act upon a request for a Variance to Section
1.09 of the Sign Ordinance regarding Wood Frame Signs for Tribute Senior Living in the
Prosper Town Center development, generally located on the northeast corner of Preston
Road and First Street. (V17-0004). (AG) Tabled to July 11, 2017 (Councilmember
Korbuly absent)
DEPARTMENT ITEM:
10. Consider and act upon approving Change Order Number 01 for Bid No. 2016-68-B to
North Texas Contracting, Inc., related to construction services for the Town Hall
Infrastructure Project; and authorizing the Town Manager to execute Change Order
Number 01 for same. (HW) Approved, 6-0 (Councilmember Korbuly absent)
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11. Discussion on proposed amendment to the Sign Ordinance regarding banner signs. (JW)
Take no action
12. 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:
12a. Section 551.087 – To discuss and consider economic development incentives.
12b. 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.
13. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion on Homestead Exemption. (KN)
• Discussion on Collin County Bond Election Resolution. (HJ)
• Discussion on Temporary Buildings. (JW)
• Discussion on Health Inspections and the Texas Food Establishment Rules. (JW)
• Discussion on Council Subcommittees. (RB)
15. 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 June 9, 2017, and remained so
posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice Removed