04.05.16 PZ Packet
]
1. Call to Order / Roll Call.
2. Pledge of Allegiance.
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 15, 2016, Regular Planning & Zoning
Commission meeting.
3b. Consider and act upon a Final Plat of Prosper Center, Phase 1, for 133 single family
residential lots and four (4) HOA/open space lots, on 41.8± acres, located on the
northeast corner of future Prairie Drive and future Legacy Drive. This property is zoned
Planned Development-65 (PD-65). (D16-0023).
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. Consider and act upon a request to amend the Future Land Use Plan from Retail &
Neighborhood Services to High Density Residential, on the northeast corner of First
Street and Coit Road, to allow for an age-restricted, private gated, senior living
development. (CA16-0002). [Companion Case Z16-0004] THIS REQUEST HAS
BEEN TABLED TO THE APRIL 19, 2016 PLANNING & ZONING COMMISSION
MEETING
5. Consider and act upon a request to rezone 12.7± acres, from Retail (R) to Planned
Development-Multifamily (PD-MF), located on the northeast corner of First Street and
Coit Road, to allow for an age-restricted, private gated, senior living development. (Z16-
0004). [Companion Case CA16-0002] THIS REQUEST HAS BEEN TABLED TO THE
APRIL 19, 2016 PLANNING & ZONING COMMISSION MEETING
6. Consider and act upon a Preliminary Site Plan for two mini-warehouse buildings
(Advantage Storage), on 5.1± acres, located on the east side of Prosper Commons
Boulevard, 340± feet north of US 380. This property is zoned Commercial (C) and
Specific Use Permit-4 (S-4) for Mini-Warehouse. (D16-0026).
AGENDA
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, April 5, 2016, 6:00 p.m.
Prosper is a place where everyone matters.
7. Consider and act upon a Site Plan for a two-story mini-warehouse building (Advantage
Storage, Phase 2), on 5.1± acres, located on the east side of Prosper Commons
Boulevard, 340± feet north of US 380. This property is zoned Commercial (C) and
Specific Use Permit-4 (S-4) for Mini-Warehouse. (D16-0027).
8. Conduct a Public Hearing, and consider and act upon a request to rezone 100.0± acres,
located on the south side of Prosper Road, 2,100± feet west of Legacy Drive, from
Agricultural (A) to Single Family-12.5 (SF-12.5). (Z16-0005).
9. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Private Street Development, on 100.0± acres, located on the south
side of Prosper Road, 2,100± feet west of Legacy Drive. (S16-0005).
10. Conduct a Public Hearing, and consider and act upon a request to amend Chapter 4,
Development Requirements of the Zoning Ordinance regarding the consideration of
granting exceptions for alternate exterior construction of main buildings. (Z16-0006).
11. Review actions taken by the Town Council and possibly direct Town Staff to schedule
topic(s) for discussion at a future meeting.
12. 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 April 1, 2016, 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 of 4
]
1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
Commissioners present: Chair John Alzner, Secretary David Snyder, Chad Robertson, Tripp
Davenport, Craig Andres, and Brandon Daniel.
Commissioner(s) absent: Vice Chair John Hema
Staff present: John Webb, Director of Development Services; Alex Glushko, Senior Planner;
Jonathan Hubbard, Planner; and Pamela Clark, Planning Technician
2. Pledge of Allegiance.
CONSENT AGENDA
3a. Consider and act upon minutes from the March 1, 2016, Regular Planning & Zoning
Commission meeting.
3b. Consider and act upon a Site Plan for East Prosper Village on 2.0± acres, located
on the northeast corner of Prosper Trail and Coit Road. This property is zoned
Planned Development-1 (PD-1). (D16-0012).
3c. Consider and act upon a Site Plan for a big box retail building and fuel center
(Kroger), in Prosper Plaza, on 21.0± acres, located on the north side of US 380, 600±
feet west of Custer Road. This property is zoned Planned Development-76 (PD-76).
(D16-0013).
3d. Consider and act upon a Final Plat for Prosper Plaza, Block A, Lots 4, 4X and 10, on
21.0± acres, located on the north side of US 380, 600± feet west of Custer Road.
This property is zoned Planned Development-76 (PD-76). (D16-0014).
3e. Consider and act upon a Final Plat for Gates of Prosper, Block A, Lot 2, on 12.0±
acres, located on the southeast corner of Preston Road and future Richland
Boulevard. This property is zoned Planned Development-67 (PD-67). (D16-0015).
3f. Consider and act upon a Final Plat for Gates of Prosper, Block B, Lots 1 and 3, on
28.3± acres, located on the northeast corner of Preston Road and future Richland
Boulevard. This property is zoned Planned Development-67 (PD-67). (D16-0016).
3g. Consider and act upon a Site Plan for twenty-one retail buildings in the Gates of
Prosper, on 40.0± acres, located on the east side of Prosper Road, north and south
of future Richland Boulevard. This property is zoned Planned Development-67 (PD-
67). (D16-0017).
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, March 15, 2016, 6:00 p.m.
Prosper is a place where everyone matters.
2 of 4
3h. Consider and act upon a Site Plan for a memory care facility, on 4.5± acres, located
on the west side of Hays Road, 900± feet north of First Street. This property is
zoned Planned Development-7 (PD-7). (D16-0019).
3i. Consider and act upon a Final Plat for Prosper Town Center, Phase 4, Block A, Lot
1, on 4.5± acres, located on the west side of Hays Road, 900± feet north of First
Street. This property is zoned Planned Development-7 (PD-7). (D16-0020).
Secretary Snyder requested Items 3h and 3i be pulled from the Consent Agenda for discussion.
Motioned by Snyder, seconded by Davenport, to approve Items 3a, 3b, 3c, 3d, 3e, and 3g on the
Consent Agenda, subject to staff recommendations. Motion approved 6-0.
Items 3h and 3i. Snyder inquired if a memory care facility is a permitted use within Planned
Development-7 (PD-7).
Glushko: Stated the use is permitted within PD-7.
Motioned by Snyder, seconded by Daniel, to approve Items 3h and 3i, subject to staff
recommendations. Motion approved 6-0.
REGULAR AGENDA
4. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Child Day Care Center and Private Athletic Stadium or Field (with
no lights) for St. Martin de Porres Catholic Church, on 51.7± acres, located on the
north side of US 380, 1,400± feet west of Teel Parkway. This property is zoned
Planned Development-40 (PD-40). (S16-0004).
Staff Discussion
Glushko: Summarized the SUP request, provided information on the zoning of the surrounding
properties, and presented exhibits provided by the applicant. Confirmed that the church and
private school uses are permitted by right and emphasized the SUP request is to allow the child
day care center and athletic fields. Informed Commission that Town staff has received one (1)
Public Hearing Notice Reply Form in opposition and one (1) Public Hearing Notice Reply Form
not in opposition to the request. Recommended approval of the request.
Daniel: Inquired about the Town’s alcohol regulations.
Andres: Inquired about measurements from property lines, and how adjacent properties could be
subdivided to allow alcohol sales.
Alzner: Inquired about the uses permitted by right, and those requiring approval of an SUP.
Glushko: Explained regulations for church, public or private schools, and day care centers.
Explained how the subject property and surrounding could be subdivided to allow for alcohol
sales. Confirmed that the church and private school uses are permitted by right and that the SUP
request is to allow the child day care center and athletic fields.
3 of 4
Public Hearing was opened by Chair Alzner.
Public Hearing Discussion
Steve Knobbe (St. Martin de Porres Parishioner and Project Liaison): Provided background of
St. Martin de Porres Catholic Church, including current and future operations, building and site
design, and timeline for construction. Stated the parish will not petition to increase the distance
for the sale of alcohol beyond the 300 feet requirement, but would protest sexually oriented
businesses within the proximity of the development.
Bill Baird (Applicant): Described which access points are being proposed with phase 1, future
access points, and traffic impact on the surrounding area. Stated that all school and church traffic
queuing for both phase 1 and buildout will take place onsite without stacking onto adjacent
thoroughfares. Indicated the school will not expand classes beyond 8th grade and intends for the
athletic fields to be non-lighted.
Webb: Stated TxDOT must approve traffic signals on US 380, and the need is warranted by traffic
counts. Discussed the proposed access points and the importance of the traffic being dispersed
in multiple directions.
Alex Alvarado (Adjacent Property Representative): Requested to table the SUP request until his
client, Texas Republic Realty, has an opportunity to speak with the church.
Snyder: Asked for clarification on the timeline implications of a tabling request and the potential
issues Texas Republic Realty feels may arise from the approval of the SUP.
Webb: Discussed timeline for consideration at Town Council.
Daniel: Confirmed the SUP request is for a child day care center, and the proposed school use
is permitted by right; therefore the 300 feet alcohol regulation is already applicable, regardless of
the SUP request.
Simon Beakly (Adjacent Property Representative): Stated the SUP request would negatively
affect both of Texas Republic Realty’s properties.
Duncan Gray (Adjacent Property Owner): Expressed concerns regarding the alcohol regulations
that would be imposed with the approval of the SUP.
Glushko: Described the proposed lot layout, and indicated that Mr. Gray’s property would not fall
within 300 feet of the church, school, or day care lot.
Bill Baird (Applicant Representative): Described the 300 foot distance from the property line and
confirmed no church or educational facilities will be developed on the easternmost lot.
Patrick Jones (St. Martin Parishioner): Expressed support for the church and the use.
David Blom (Windsong Ranch Developer): Expressed appreciation for the St. Martin de Porres
staff taking time to discuss proposed development with Windsong residents, noted support for the
request, and discussed how the pressure of upcoming development could warrant traffic signals
in the area along US 380.
4 of 4
Public Hearing was closed by Chair Alzner.
Commission Discussion
Commission: Expressed support for the request.
Motioned by Snyder, seconded by Davenport, to approve Item 4, subject to staff
recommendations. Motion approved 6-0.
5. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Webb: Informed audience that the next Public Hearing for Item 4 is scheduled for April 12, 2016,
at the regularly scheduled Town Council meeting. Inquired if the Commissioners would be
available for a Spring tour.
6. Adjourn.
Motioned by Daniel, seconded by Davenport, to adjourn. Motioned approved 6-0 at 7:03 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 5, 2016
Agenda Item:
Consider and act upon a Final Plat of Prosper Center, Phase 1, for 133 single family residential
lots and four (4) HOA/open space lots, on 41.8± acres, located on the northeast corner of future
Prairie Drive and future Legacy Drive. This property is zoned Planned Development-65 (PD-
65). (D16-0023).
Description of Agenda Item:
The Final Plat shows 133 single family residential lots and four (4) HOA/open space lots.
Access will be provided from future Prairie Drive and future Legacy Drive. The Final Plat
conforms to the PD-65 development standards.
Budget Impact:
There are no significant budget implications associated with the approval of this Final Plat.
Legal Obligations and Review:
The Final Plat meets minimum development requirements.
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.
2. Planning & Zoning Commission approval and filing of the Prosper Center, Block B, Lots 1
and 2, Conveyance Plat (D16-0011). This item is tentatively schedule for the April 19, 2016,
Planning & Zoning Commission meeting.
Prosper is a place where everyone matters.
PLANNING
D16-0023 FIR S T S TFI SHTRAP RD
UNIVERSITY DR
PR A IR IE D R
LEGACY DRHARPER RDCLEARWATER DR
R E N M U I R D RELM PARK DRC A N N O N D R
WALWORTH DRMAHARD PKWYEA STM INSTER DR
LAVENDER DRORCHARD DRS H A D O W R I D G E D RWINSOR DRPR A IR IE D R LEGACY DRUNIVERSITY DR
0 500 1,000250
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 5, 2016
Agenda Item:
Consider and act upon a request to amend the Future Land Use Plan from Retail &
Neighborhood Services to High Density Residential, on the northeast corner of First Street and
Coit Road, to allow for an age-restricted, private gated, senior living development. (CA16-
0002). [Companion Case Z16-0004]
Description of Agenda Item:
The applicant has requested this item be tabled and the Public Hearing be continued to the April
19, 2016, Planning & Zoning Commission meeting, as outlined in the attached letter.
Attached Documents:
1. Tabling request letter
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission continue the Public Hearing and
table the item to the April 19, 2016, Planning & Zoning Commission meeting.
Prosper is a place where everyone matters.
PLANNING
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 5, 2016
Agenda Item:
Consider and act upon a request to rezone 12.7± acres, from Retail (R) to Planned
Development-Multifamily (PD-MF), located on the northeast corner of First Street and Coit
Road, to allow for an age-restricted, private gated, senior living development. (Z16-0004).
[Companion Case CA16-0002]
Description of Agenda Item:
The applicant has requested this item be tabled and the Public Hearing be continued to the April
19, 2016, Planning & Zoning Commission meeting, as outlined in the attached letter.
Attached Documents:
1. Tabling request letter
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission continue the Public Hearing and
table the item to the April 19, 2016, Planning & Zoning Commission meeting.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 2
To: Planning & Zoning Commission
From: Jonathan Hubbard, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – April 5, 2016
Agenda Item:
Consider and act upon a Preliminary Site Plan for two mini-warehouse buildings (Advantage
Storage), on 5.1± acres, located on the east side of Prosper Commons Boulevard, 340± feet
north of US 380. This property is zoned Commercial (C) and Specific Use Permit-4 (S-4) for
Mini-Warehouse. (D16-0026).
Description of Agenda Item:
Preliminary Site Plans are typically considered on the Consent Agenda; however, this item is
being placed on the Regular Agenda because the applicant is requesting to reduce the side
yard setback of the proposed mini-warehouse building. Chapter 4, Section 9.10 of the Zoning
Ordinance permits the side building lines of a mini-warehouse facility to be reduced by approval
of the Planning & Zoning Commission at the time of Preliminary Site Plan approval.
The applicant is requesting a reduction of the side yard setback for the northernmost building
from fifteen (15) feet to ten (10) feet. Since the subject portion of the facility has no openings or
doors and serves as a solid screen, staff believes this request will not have an adverse impact
on the development of the adjacent property to the north. The ten-foot setback will contain a
five-foot landscape buffer as required by the Zoning Ordinance.
The Preliminary Site Plan shows two mini-warehouse buildings. The southern building is
existing, and the northern structure is proposed. The existing building includes 57,434 sq. ft. of
storage space and 5,130 sq. ft. of office space. The proposed building includes 42,740 sq. ft. of
storage space with no office space.
Access is provided from Prosper Commons Boulevard and through cross access from the
south. Adequate parking has been provided. The Preliminary Site Plan conforms to the
Commercial District development standards and to the SUP exhibits.
As a companion item, the Site Plan for Advantage Storage, Phase 2 (D16-0027) is on the April
5, 2016, agenda.
Budget Impact:
There are no significant budget implications associated with the approval of this Preliminary Site
Plan.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
Legal Obligations and Review:
The Preliminary Site Plan meets minimum development requirements.
Attached Documents:
1. Location Map
2. Preliminary Site Plan
Town Staff Recommendation:
Town staff recommends approval of the Preliminary Site Plan subject to:
1. Planning & Zoning Commission approval of the reduced side yard setback.
2. Town staff approval of preliminary water, sewer, and drainage plans.
3. Town staff approval of all emergency access, fire hydrants, fire department connections
(FDC) and fire lanes, including widths, radii, and location.
D16-0026
UNIVERSITY DR
RICHLAND BLVD
PROSPER COMMONS BLVDRICHLAND BLVD
0 125 25062.5
Feet ±
ç
Page 1 of 1
To: Planning & Zoning Commission
From: Jonathan Hubbard, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – April 5, 2016
Agenda Item:
Consider and act upon a Site Plan for a two-story mini-warehouse building (Advantage Storage,
Phase 2), on 5.1± acres, located on the east side of Prosper Commons Boulevard, 340± feet
north of US 380. This property is zoned Commercial (C) and Specific Use Permit-4 (S-4) for
Mini-Warehouse. (D16-0027).
Background:
Site Plans are generally considered on the Consent Agenda. However, approval of this Site
Plan is subject to approval of the Preliminary Site Plan, D16-0026 on the April 5, 2016, agenda,
regarding the request of a reduced side yard setback.
Description of Agenda Item:
The Site Plan depicts a two-story, 42,740 square feet mini-warehouse building. Access is
provided from Prosper Commons Boulevard and through cross access from the south.
Adequate parking has been provided. The Site Plan conforms to the Commercial District
development standards and the requirements established by S-4.
Budget Impact:
There are no significant budget implications associated with the approval of this Site Plan.
Legal Obligations and Review:
The Site Plan meets minimum development requirements.
Attached Documents:
1. Location Map
2. Site Plan
Town Staff Recommendation:
Town staff recommends approval of the Site Plan subject to:
1. Planning & Zoning Commission approval of the Preliminary Site Plan, D16-0026.
2. Town staff approval of civil engineering, landscape, irrigation, and façade plans.
3. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes,
including widths, radii, and location.
Prosper is a place where everyone matters.
PLANNING
D16-0027
UNIVERSITY DR
RICHLAND BLVD
PROSPER COMMONS BLVDRICHLAND BLVD
0 125 25062.5
Feet ±
ç
Page 1 of 2
To: Planning & Zoning Commission
From: Jonathan Hubbard, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – April 5, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 100.0± acres, located
on the south side of Prosper Road, 2,100± feet west of Legacy Drive, from Agricultural (A) to
Single Family-12.5 (SF-12.5). (Z16-0005).
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 Agricultural Undeveloped Medium Density
Residential
North
Planned Development-40
– Single Family and
Unincorporated
(Annexation Agreement,
Resolution 2015-4542)
Undeveloped
(Future Community Park)
Medium Density
Residential
East Planned Development-66
– Single Family Undeveloped Medium Density
Residential
South Unincorporated (ETJ) Single Family Residential
(Artesia)
High Density
Residential
West Agricultural Undeveloped Medium Density
Residential
Requested Zoning – The purpose of the request is to allow for the development of a single
family residential subdivision, in accordance with the SF-12.5 District standards and the Future
Land Use Plan. There is a companion item, S16-0005, requesting approval of a private street
development for this subject tract on the April 5, 2016, Planning & Zoning Commission agenda.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
This tract was the subject of a voluntary annexation request. The Town Council approved the
ordinance annexing the tract into the Town limits on February 9, 2016. Upon annexation, tracts
are granted the Agricultural zoning district.
Future Land Use Plan – The Future Land Use Plan recommends Medium Density Residential.
Medium Density Residential recommends lot sizes ranging between 12,500 and 20,000 square
feet in size, and a density not less than 1.6 dwelling units per acre or greater than 2.5 dwelling
units per acre. The proposed rezoning request is in conformance with the Future Land Use
Plan.
Thoroughfare Plan – Prosper Road (future Prosper Trail) is depicted on the Thoroughfare Plan
as a four-lane divided minor thoroughfare with 90’ right-of-way. Zoning Exhibit A complies with
the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer service will need to be
extended to the site prior to or in conjunction with development.
Access – Access to the property will be provided from Prosper Road (future Prosper Trail).
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – It is not anticipated that this property will be needed for the development of a park. The
Windsong Ranch Community Park is designated for the property immediately north of this site.
Environmental Considerations – The 100-year floodplain located on the property is shown on
Exhibit A.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. To date,
Town staff has not received any Public Hearing Notice Reply Forms.
Attached Documents:
1. Surrounding Zoning Map
2. Zoning Exhibit A
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve the rezoning request.
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 at their Regular meeting on April 26, 2016.
Z16-0005
PR OSPER RD
LEGACY DRTEEL PKWYPR 7801 W H I T E R O C K B L V D
D R Y C R E E K B L V D
B E N B R O O K B LV DPLUM C T
S T I L L H O U S E H O L L O W C T
COMMONS WAYA M IS T A D A V E
ARTESIA BLVDHIGH LINE DR
C R O S S L A K E C T
ADAMS PLPR OSPER TRL
PIEDMONT PARK DR
SFPD-40
SFPD-66 SFPD-66
RPD-14
SF-15PD-63
RPD-14
SF-10PD-14
0 650 1,300325
Feet ±
TRACT
1B
TRACT
10
72/(*$&<'5,9(6
(
6
(
1
(
1
:
6
:
FUTURE PROSPER TRAIL THOROUGHFARE
(90' R.O.W.)
BLUE STAR ALLEN LAND LP
DOC. NO. 2011-60030
D.R.D.C.T.
TRACT IV
CORONA ARTESIA, LLC
DOC. NO. 2008-34098
D.R.T.C.T.
PROSPER 70 INVESTMENTS LTD
TRACT 1C, 69.986 ACRES, OLD
DCAD TR 5 & 6
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
RH TWO LP
DOC. NO. 2004-86307
PORTION OF
INWOOD PLAZA JOINT VENTURE
VOL. 4233, PG 738
45' ROW DEDICATION (BY OTHERS)
45' ROW DEDICATION
CURRENT ZONING = NOT IN TOWN LIMITS
CURRENT LAND USE = RESIDENTIAL
FUTURE LAND USE = HIGH DENSITY RESIDENTIAL
CURRENT ZONING = AGRICULTURAL
CURRENT LAND USE = VACANT
FUTURE LAND USE = RESIDENTIAL
CURRENT ZONING = PD-40
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING = ANNEXATION AGREEMENT
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
EXISTING PROSPER ROAD
GRAVEL ROAD
VARIABLE WIDTH
72/(*$&<'5,9(
PROPOSED ZONING = SF-12.5
GRAPHIC SCALE
FEET0400200
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
PROPOSED USE:
RESIDENTIAL:MAX DENSITY OF 2.4 LOTS/ACRE
GROSS ACERAGE:100.00 ACRES
DEVELOPMENT DATA
NOTE:
1.THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS
EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES
NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED
AT TIME OF FINAL PLAT.
SHEET 1 OF 1
EXHIBIT A
Z16-0005
Page 1 of 5
To: Planning & Zoning Commission
From: Jonathan Hubbard, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – April 5, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP)
for a Private Street Development, on 100.0± acres, located on the south side of Prosper Road,
2,100± feet west of Legacy Drive. (S16-0005).
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 Agricultural Undeveloped Medium Density
Residential
North
Planned Development-40-
Single Family and
Unincorporated
(Annexation Agreement,
Resolution 2015-4542)
Undeveloped
(Future Community Park)
Medium Density
Residential
East Planned Development-66
– Single Family Undeveloped Medium Density
Residential
South Unincorporated (ETJ) Single Family Residential
(Artesia)
High Density
Residential
West Agricultural Undeveloped Medium Density
Residential
Requested Zoning – S16-0005 is a request for a SUP for a Private Street Development for Park
Place. The Zoning Ordinance allows for a Private Street Development subject to approval of a
SUP, in accordance with the Conditional Development Standards outlined in Chapter 3, Section
1.4, which is attached for reference. There is a companion item on the April 5, 2016, Planning &
Zoning Commission agenda requesting the site be rezoned from Agricultural to Single Family-
Prosper is a place where everyone matters.
PLANNING
Page 2 of 5
12.5 to allow for the development of a single family subdivision with a minimum lot size of
12,500 sq. ft.
In conjunction with the SUP request, the applicant is proposing three associated exhibits, as
follows:
1. Exhibit A (Boundary Survey)
2. Exhibit B (Conceptual Layout) – The exhibit shows the general layout of the subdivision,
including two access points to Prosper Road, two street stubs to future residential subdivisions
to the east and west, the location of the proposed gated entry/exit points, the location of the
proposed hike and bike trail, and the proposed open space.
3. Exhibit C (Entry Detail) – Shows the locations of entry gates, columns, screening, fencing,
stacking, and turnaround.
With regard to Exhibit B, Town staff does not have concerns regarding the use of a private
street development, but staff has significant concerns with the proposed layout, regarding traffic
calming. As proposed, speeding could occur on the north-south street serving as the primary
ingress and egress into the subdivision and on the east-west street along the southern portion
of the subdivision. Staff initially indicated these concerns to the applicant on September 17,
2015.
Town Engineering staff does not support the proposed street pattern layout, as it does not
employ the best engineering design practices that would promote traffic calming and safe
streets for the residents of the development. As proposed, the long straight sections of
roadways encourage speeding and create unsafe conditions throughout the neighborhood.
Town staff receives numerous complaints from residents in existing neighborhoods with similar
configurations. These safety concerns can be avoided through better subdivision design.
The Town of Prosper's Thoroughfare Design Manual and Subdivision Ordinance contains the
following language to facilitate safe design and discourage layouts that will encourage unsafe
speeding:
Traffic Calming is the combination of mainly physical measures that reduce the negative
effects of motor vehicle use, alter driver behavior and improve conditions for non-
motorized street users. (Thoroughfare Design Manual, Section 1.08, A. 1.)
Traffic control devices such as STOP Signs and speed limit signs are regulatory measures
that require enforcement. Traffic calming measures, however, are intended to be self -
enforcing. (Thoroughfare Design Manual, Section 1.08, A., 4.)
Adequate public streets shall be provided by the Subdivider and the arrangement,
character, extent, width, grade, and location of each shall conform to the Comprehensive
Plan and the Thoroughfare Plan of the Town. Streets shall be considered in their relation
to existing and planned streets, to topographical conditions, to public safety and
convenience, and in their appropriate relationship the proposed uses of land to be served
by such streets. The street layout shall be devised for the most advantageous
development of the entire neighborhood and shall be designed so as to discourage high-
speed or through traffic. (Subdivision Ordinance, Section 10.2.1)
To achieve this, the applicant has proposed additional stop signs or speed bumps/humps.
While traffic signage provides much needed traffic control measures, it is not a solution to traffic
calming. Studies show stop signs can have adverse effects if placed in areas not warranted.
Page 3 of 5
Further, speed bumps/humps are prohibited as they impact emergency service response.
Straight sections in excess of 1,000 ft connecting to other streets in excess of 1,000 ft. are
typically the greatest concern.
Town staff has suggested that the proposed layout should be broken up with bends in the road,
curvilinear streets, roundabouts, medians, or combination of thereof. Staff provided an example
of such design to the applicant. While there are not specific design guidelines outlined in the
Thoroughfare Design Manual, the intent of the traffic calming sections is to, amongst other
measures, break up long, straight streets.
Town staff acknowledges adding bends or curves limit a developer's lot yield but has
determined that the intent of the Manual is to provide for mobility and above all safety.
The Zoning Ordinance contains four criteria to be considered in determining the validity of a
SUP request. These criteria, as well as staff’s responses for each, are below:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
The Future Land Use Plan designates the surrounding properties for residential uses. The
properties to the north are a future Community Park and a currently unincorporated tract.
The property to the east is zoned for single family, the property to the south is an
unincorporated single family development (Artesia), and the property to the west is currently
zoned Agricultural. As shown on Exhibit B, the proposed private street development will
provide emergency access only street stubs to the future residential developments to the
east and west. While a private street development will not have an adverse impact on the
surrounding properties, as noted above, the lack of traffic calming within the boundary of the
subject property is not adequate.
2. Are the activities requested by the applicant normally associated with the requested use?
The activities requested, as shown on the attached exhibits, are normally associated with
the requested use.
3. Is the nature of the use reasonable?
The property is currently zoned Agricultural (A); however, there is an associated rezoning
request (Z16-0005), proposing to rezone the property to Single Family-12.5 (SF-12.5), in
accordance with the Future Land Use Plan’s recommendation of Medium Density
Residential. A private street development within a residentially zoned district is typical and
the proposed use is reasonable.
4. Has any impact on the surrounding area been mitigated?
While there appear to be minimal impacts on the surrounding areas, as noted above, staff
has concerns with the lack of traffic calming within the boundary of the subject property.
Staff has concerns that the proposed layout, Exhibit B, does not meet the standards for traffic
calming as noted in the Thoroughfare Design Manual and Subdivision Ordinance requirements.
Future Land Use Plan – As outlined in the Comprehensive Plan, Goal 5 is to, “develop a quality
and functional transportation network that enhances the Town’s image and provides safe and
Page 4 of 5
convenient residential mobility.” Further, the Plan recommends context sensitive solutions,
which is defined as, “the practice of developing transportation projects that serve all users and
meet the needs of the neighborhoods through which they pass. It is a collaborative process that
involves Town staff, property owners, developers and business owners in development of street
designs that fit into the character of surrounding neighborhoods while maintaining safety and
mobility.”
As submitted, the SUP request does not meet these recommendations. In addition, the 51-
acre, Windsong Ranch Community Park will be located immediately north of the subject
property. Due to the close proximity of this major park, it is anticipated that many residents of
the subdivision will walk or bike to the park. Unless the proposed layout is modified to provide
for safe residential mobility, staff cannot support the request as submitted.
Conformance to the Thoroughfare Plan – The property has direct access to Prosper Road
(future Prosper Trail), a future four-lane divided thoroughfare. The SUP exhibits comply with the
Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer service will need to be
extended to the site prior to or in conjunction with development.
Access – Access to the property will be provided from Prosper Road (future Prosper Trail).
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – It is not anticipated that this property will be needed for the development of a park. The
Windsong Ranch Community Park is designated for the property immediately north of this site.
Environmental Considerations – The 100-year floodplain located on the property is shown on
Exhibit A.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. To date,
Town staff has not received any Public Hearing Notice Reply forms.
Attached Documents:
1. Zoning map of surrounding area
2. Proposed SUP Exhibits A, B, and C
3. Conditional Development Standards for Private Street Development
Town Staff Recommendation:
Staff provided the applicant the opportunity to table the SUP request in order to address the
traffic calming concerns. The applicant requested the case not be tabled and be placed on the
April 5, 2016, Planning & Zoning Commission agenda.
Due to the lack of traffic calming measures, Town staff recommends the Planning & Zoning
Commission deny the SUP request.
Page 5 of 5
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s
Development Schedule, a Public Hearing for this item would be scheduled for the Town Council
at their Regular meeting on April 26, 2016.
S16 -0 005
PR OSPER RD
LEGACY DRTEEL PKWYPR 7801 W H I T E R O C K B L V D
D R Y C R E E K B L V D
B E N B R O O K B LV DPLUM C T
S T I L L H O U S E H O L L O W C T
COMMONS WAYA M IS T A D A V E
ARTESIA BLVDHIGH LINE DR
C R O S S L A K E C T
ADAMS PLPR OSPER TRL
PIEDMONT PARK DR
SFPD-40
SFPD-66 SFPD-66
RPD-14
SF-15PD-63
RPD-14
SF-10PD-14
0 650 1,300325
Feet ±
TRACT
1B
TRACT
10
6
(
6
(
1
(
1
:
6
:
FUTURE PROSPER TRAIL THOROUGHFARE
(90' R.O.W.)
BLUE STAR ALLEN LAND LP
DOC. NO. 2011-60030
D.R.D.C.T.
TRACT IV
CORONA ARTESIA, LLC
DOC. NO. 2008-34098
D.R.T.C.T.
PROSPER 70 INVESTMENTS LTD
TRACT 1C, 69.986 ACRES, OLD
DCAD TR 5 & 6
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
RH TWO LP
DOC. NO. 2004-86307
PORTION OF
INWOOD PLAZA JOINT VENTURE
VOL. 4233, PG 738
45' ROW DEDICATION (BY OTHERS)
45' ROW DEDICATION
CURRENT ZONING = NOT IN TOWN LIMITS
CURRENT LAND USE = RESIDENTIAL
FUTURE LAND USE = HIGH DENSITY RESIDENTIAL
CURRENT ZONING = AGRICULTURAL
CURRENT LAND USE = VACANT
FUTURE LAND USE = RESIDENTIAL
CURRENT ZONING = PD-40
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING = ANNEXATION AGREEMENT
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
EXISTING PROSPER ROAD
GRAVEL ROAD
VARIABLE WIDTH
72/(*$&<'5,9(
PROPOSED ZONING = SF-12.5
GRAPHIC SCALE
FEET0400200
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
PROPOSED USE:
RESIDENTIAL:MAX DENSITY OF 2.4 LOTS/ACRE
GROSS ACERAGE:100.00 ACRES
DEVELOPMENT DATA
NOTE:
1.THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS
EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES
NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED
AT TIME OF FINAL PLAT.
SHEET 1 OF 1
EXHIBIT A
S16-0005
72/(*$&<'5,9(
TRACT
1B
TRACT
10
6
(
6
(
1
(
1
:
6
:
FUTURE PROSPER TRAIL THOROUGHFARE
(90' R.O.W.)
45' ROW DEDICATION (BY OTHERS)
45' ROW DEDICATION
EXISTING PROSPER ROAD
GRAVEL ROAD
VARIABLE WIDTH
72/(*$&<'5,9(
30' LANDSCAPE EASEMENT
MAIN ENTRANCE
COMMON
AREA
LOT
BLUE STAR ALLEN LAND LP
DOC. NO. 2011-60030
D.R.D.C.T.
TRACT IV
CORONA ARTESIA, LLC
DOC. NO. 2008-34098
D.R.T.C.T.
PROSPER 70 INVESTMENTS LTD
TRACT 1C, 69.986 ACRES, OLD
DCAD TR 5 & 6
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
RH TWO LP
DOC. NO. 2004-86307
PORTION OF
INWOOD PLAZA JOINT VENTURE
VOL. 4233, PG 738
GROSS ACREAGE = 100.00 AC
NET ACREAGE = 97.00 AC
CURRENT ZONING = NOT IN TOWN LIMITS
CURRENT LAND USE = RESIDENTIAL
FUTURE LAND USE = HIGH DENSITY RESIDENTIAL
CURRENT ZONING = AGRICULTURAL
CURRENT LAND USE = VACANT
FUTURE LAND USE = RESIDENTIAL
CURRENT ZONING = PD-40
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING = ANNEXATION AGREEMENT
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
12' RIGHT TURN LANE
EMERGENCY ONLY ACCESS FOR
FIRE AND POLICE, MANUAL GATE
EQUIPPED WITH KNOX LOCK
EMERGENCY ONLY ACCESS FOR
FIRE AND POLICE, MANUAL GATE
EQUIPPED WITH KNOX LOCK
EMERGENCY ONLY ACCESS FOR
FIRE AND POLICE, MANUAL GATE
EQUIPPED WITH KNOX LOCKPROPOSED ZONING = SF-12.5
15' SIDEWALK CONNECTION EASEMENT
15' SIDEWALK CONNECTION EASEMENT
GRAPHIC SCALE
FEET0400200
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
SHEET 1 OF 1
EXHIBIT B
S16-0005
FUTURE PROSPER TRAIL
THOROUGHFARE
(90' R.O.W.)
KEY PAD
18.0025.0030.00'25.00'
100.00171.1590.00EXISTING PROSPER ROAD
GRAVEL ROAD
VEHICLES
6' TALL MASONRY
SCREENING WALL
6' TALL MASONRY
SCREENING WALL
FENCING BETWEEN WALL AND
COLUMNS TO BE ORNAMENTAL
METAL12' RIGHT TURN LANE3' TALL 50% OPEN
SCREENING FENCE3' TALL 50% OPEN
SCREENING FENCE
GRAPHIC SCALE
FEET06030
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
SHEET 1 OF 1
EXHIBIT C
GATE
S16-0005
Page 1 of 2
To: Planning & Zoning Commission
From: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – April 5, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend Chapter 4,
Development Requirements of the Zoning Ordinance regarding the consideration of granting
exceptions for alternate exterior construction of main buildings. (Z16-0006).
Background and Purpose of the Proposed Amendment:
To promote quality development, it is common for communities to adopt standards for the exterior
construction of buildings by requiring a high percentage of masonry. In Prosper, this is supported
by the adopted “Vision Statement” contained within the Town’s 2012 Comprehensive Plan which
states, “Prosper is a community committed to excellence. It is a high quality, family oriented
community maintaining a visually aesthetic open feel with quality commercial development
directed to the Town’s major transportation corridors all while maintaining strong fiscal
responsibility.” One of the Community Goals of the Comprehensive Plan states, “Require high-
quality and visually attractive architectural characteristics in both residential and non-residential
developments.”
The Zoning Ordinance requires that all exterior facades for a main building or structure, excluding
glass windows and doors, in the Multifamily, Office, Downtown Retail, Neighborhood Service,
Retail, Downtown Commercial, Commercial, Corridor Commercial, and Industrial Districts shall
be constructed of one hundred percent (100%) masonry. Masonry construction constitutes clay
fired brick, natural and manufactured stone, granite, marble, stucco, and architectural concrete
block. The use of stucco and synthetic stucco (EIFS) are only permitted as a secondary material.
While exterior masonry construction is equated with quality and sustainability, it may not
necessarily guarantee an aesthetically appealing building. W ith the Town experiencing an
increasing number of non-residential development proposals, it has become apparent that our
masonry standards may be too inflexible when we are asked to consider an alternate exterior
material. The only process available to consider such a request is to formally rezone the property
to a Planned Development (PD) District or amend the PD, if one exists. This is a cumbersome
and costly process and does not meet the purpose of a Planned Development District.
The most recent example of a formal PD amendment to accommodate a request for an alternate
material was the Windsong Ranch Amenity Center. The Planning & Zoning Commission
recommended approval and the Council approved “Ipe,” a Brazilian hardwood for 40% of the
amenity center’s exterior façade.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
Staff is proposing a process whereby applicants can submit a proposal to the Planning & Zoning
Commission and Council for consideration without “rezoning” their land. Unlike plats and site
plans, the Commission has discretion to recommend approval or denial of the request on a case-
by-case basis.
The purpose of the amendment is to not grant economic relief from our standards but recognize
that building materials evolve over time and certain non-masonry products may achieve the
desired quality of the Town.
Proposed Amendment:
In consultation with the Town Attorney, it is recommended the appropriate sections of Chapter 4,
Development Requirements of the Zoning Ordinance be amended to include and reference the
following text:
1. The Town Council, after recommendation by the Planning & Zoning Commission, may grant
an exception to the exterior construction façade requirements in the Multifamily, Office,
Downtown Retail, Neighborhood Service, Retail, Downtown Commercial, Commercial,
Corridor Commercial, and Industrial Districts, based upon consideration of the criteria listed
in subpart 2, below.
2. In considering an exception to the exterior construction façade requirements, the Planning &
Zoning Commission and Town Council may base their decision on whether the proposed
alternate material,
a. is a unique architectural expression;
b. includes unique building styles and materials;
c. is consistent with high quality development;
d. is or would be visually harmonious with existing or proposed nearby buildings;
e. has obvious merit based upon the quality and durability of the materials; and whether
f. the proposed building material is in keeping with the intent of this chapter to balance
the abovementioned objectives.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve
the request. Notice of the Planning & Zoning Commission Public Hearing was provided in the
newspaper as required by the Zoning Ordinance and state law. To date, Town staff has not
received any correspondence.
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve the requested amendment
to the Zoning Ordinance as submitted.
Town Council Public Hearing:
Should the Planning & Zoning Commission make a recommendation, a Public Hearing for this
item will be scheduled for the Town Council at their Regular meeting on April 26, 2016.
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. Presentations
• Presentation to the Prosper High School Film Team for winning the state
championship for their documentary at the 2016 UIL Young Filmmakers Festival. (RB)
• Presentation to Prosper High School senior Gabe Costa for winning the 2016 5A State
UIL Wrestling Championship. (RB)
5. CONSENT AGENDA: All Consent Agenda Items Approved, 7-0
(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.)
5a. Consider and act upon minutes from the following Town Council meetings. (RB)
• Regular Meeting – February 23, 2016
5b. Receive the January 2016 Financial Report. (BP)
5c. Consider and act upon a resolution canceling the May 7, 2016, General Election
and declaring each unopposed candidate elected to office. (RB)
5d. Consider and act upon authorizing the Town Manager to execute the Playground
Joint Use Agreement between the Town of Prosper, Texas, and Prosper
Independent School District (PISD), related to Windsong Park. (WM)
5e. 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.
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 22, 2016
6:00 p.m.
RESULTS
Page 2 of 3
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:
7. Presentation of service plan and first Public Hearing to consider the voluntary annexation
of 52.2± acres located on the west side of Coit Road, 2,700± feet north of First Street.
(A16-0001). (JW) No action required
8. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose
Sign District for the Gates of Prosper, on 93.0± acres, located on the northeast corner of
US 380 and Preston Road. (MD16-0001). (JW) Approved, 7-0 with modifications to
the color of certain Unified Development Signs
9. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit
(SUP) for a Child Day Care Center (Primrose), on 2.9± acres, located on the east side of
Gee Road, 2,000± feet north of US 380. This property is zoned Planned Development-40
(PD-40). (S16-0002). (JW) Approved, 7-0 with modifications to the elevation
10. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.4± acre,
located on the south side of Broadway Street, 650± feet east of Coleman Street, from
Single Family-15 (SF-15) to Downtown Office (DTO). (Z16-0003). (JW) Approved, 7-0
DEPARTMENT ITEMS:
11. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Federal Emergency Management Agency (FEMA) for the 2016 Staffing
for Adequate Fire & Emergency Response (SAFER) Grant. (RT) Approved, 7-0
12. Consider and act upon a resolution accepting the Independent Audit Report and
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September
30, 2015, as presented by a representative of Davis Kinard & Co., PC, Certified Public
Accountants. (BP) Approved, 7-0
13. Consider and act upon an ordinance of the Town of Prosper amending Chapter 13,
“UTILITIES” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new
Article 13.11 “Fats, Oils and Grease (FOG) Outreach Plan;” amending Appendix A “Fee
Schedule” to the Code of Ordinances of the Town of Prosper, Texas, by adding a new
section XIX, “FOG Outreach and Enforcement Fees.” (FJ) Approved, 7-0
14. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Legacy Estates at Prosper Trail, Inc., West Prosper 76, Ltd., Blue
Star Allen Land, LP, and the Town of Prosper, Texas, related to the extension of
wastewater lines to serve the Legacy Estates at Prosper Trail, Legacy Creek Estates, and
Star Trail developments. (HW) Approved, 7-0
RESULTS
Page 3 of 3
15. 2011 Bond Propositions update. (HW)
16. 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:
16a. Section 551.087 – To discuss and consider economic development incentives.
16b. 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.
16c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation agreements in Town ETJ areas, development issues
associated with areas subject to annexation agreements, and all matters incident
and related thereto.
16d. Section 551.071 – Consultation with the Town Attorney regarding property repair
issues and contractual agreement regarding same.
16e. Section 551.071 - Consultation with the Town Attorney regarding possible litigation
with the Texas Public Utility Commission, and all matters incident and related
thereto.
16f. Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
17. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session. No action taken
18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Median Landscaping. (HW)
• Process for considering alternative, exterior construction materials. (JW)
• Discussion on Municipal Court as a Court of Record. (TW)
• Process for Charter review. (RB)
19. 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 on March 18, 2016, by 5:00 p.m., and remained
so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed