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09.06.16 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 August 16, 2016, Regular Planning & Zoning Commission meetings. 3b. Consider and act upon an Amending Plat for Gentle Creek Estates, Phase 3, Block L, Lots 8 and 9, on 0.6± acre, located at 1171 and 1181 Broken Bend Drive. This property is zoned Planned Development-1 (PD-1). (D16-0066). 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 the re-approval of a Final Plat of Prosper Tuscan Square, Block A, Lots 1-4, on 6.5± acres, located on the southwest corner of Prosper Trail and Coleman Street. This property is zoned Retail (R). (D14-0056). 5. Consider and act upon an extension of a Site Plan for a Convenience Store with Gas Pumps in the Westfork Crossing Development (RaceTrac), on 2.4± acres, located on the northwest corner of US 380 and Gee Road. This property is zoned Commercial (C). (D14-0072). 6. Conduct a Public Hearing, and consider and act upon a request to repeal Ordinance No. 06-77, a Specific Use Permit for a Mini-Warehouse/Public Storage Facility (SUP-2), on 4.8± acres, located on the south side of Richland Boulevard, 250± feet east of Prosper Commons Boulevard. This property is zoned Commercial (C) and Specific Use Permit-2 (SUP-2). (S16-0010). 7. Conduct a Public Hearing, and consider and act upon a request to amend Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding variances for distance requirements for Alcoholic Beverages. (Z16-0017). 8. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. AGENDA Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, September 6, 2016, 6:00 p.m. Prosper is a place where everyone matters. 9. 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 September 2, 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 2 ] 1. Call to Order / Roll Call. The meeting was called to order at 6:01 p.m. Commissioners present: Vice Chair John Hema, Craig Andres, Brandon Daniel, and Bobby Atteberry Commissioner(s) absent: Chair John Alzner, Secretary David Snyder, and Chad Robertson Staff present: John Webb, Director of Development Services; Alex Glushko, Senior Planner; Jonathan Hubbard, Planner; and Pamela Clark, Planning Technician 2. Recitation of the Pledge of Allegiance. 3. CONSENT AGENDA 3a. Consider and act upon minutes from the August 2, 2016, Regular Planning & Zoning Commission meetings. Motioned by Daniel, seconded by Andres, to approve the Consent Agenda. Motion approved 4- 0. REGULAR AGENDA 4. Conduct a Public Hearing, and consider and act upon a request to rezone 0.52± acre, located at 704 E. First Street, 215± feet west of Craig Road, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z16-0015). Hubbard: Summarized the request and notified Commissioners that one Public Hearing Reply Form has been received; not in opposition to the request. Recommended approval of the request. The Public Hearing was opened by Vice Chair Hema. Craig Sanders (Owner): Described purpose for rezoning and proposed use for the building. There being no other speakers the Public Hearing was closed. Commissioners voiced support for the zoning request. Motioned by Daniel, seconded by Atteberry, to approve Item 4, subject to staff recommendations. Motion approved 4-0. MINUTES Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, August 16, 2016, 6:00 p.m. Prosper is a place where everyone matters. 2 of 2 5. Discussion – Prosper Real Estate Market Wayne Bartley (Prosper Realtor): Presented information regarding current development trends and market demands, noting the • Home sale values averaging $475,000 but this does not reflect direct purchases from home builders; • The desire for half-acre lots from prospective buyers; • Homes in subdivisions without amenity centers and amenity packages tend to take longer to sell compared to those with such features; • The desire for less monotonous home styles and the concern that Prosper will develop without a diversity of architectural styles; and • The desire for more affordable office rent opportunities in Prosper. 6. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Webb: Discussed future development cases and development related items. 7. Adjourn. Motioned by Atteberry, seconded by Daniel, to adjourn. Motion approved 4-0 at 6:45 p.m. ________________________________________ _________________________ Pamela Clark, Planning Technician David Snyder, Secretary Page 1 of 1 To: Planning & Zoning Commission From: Jonathan Hubbard, Planner Through: Alex Glushko, AICP, Senior Planner Re: Planning & Zoning Commission Meeting – September 6, 2016 Agenda Item: Consider and act upon an Amending Plat for Gentle Creek Estates, Phase 3, Block L, Lots 8 and 9, on 0.6± acre, located at 1171 and 1181 Broken Bend Drive. This property is zoned Planned Development-1 (PD-1). (D16-0066). Description of Agenda Item: The purpose of the Amending Plat is to shift the property line between Lots 8 and 9 to allow future construction on Lot 9 to meet required minimum setbacks. The Amending Plat conforms to the PD-1 development standards. Budget Impact: There are no significant budget implications associated with the approval of this Amending Plat. Legal Obligations and Review: The Amending Plat meets minimum development requirements. 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 D16-0066 GENTLE CREEK TRL C R E E K WOOD L NCROOKED STICK DRBROKEN BEND DRTERRACE MANOR DRTHORNDALE CIR0 80 16040 Feet ± 50' R.O.W.Lot 8R, Block L Lot 9R, Block L Cab. N, Pg. 244 PRCCT Cab. N, Pg. 244 PRCCT H TRO N LOCATION MAP 1" = 1000' TOWN CASE NO. D16-0066 AMENDING PLAT GENTLE CREEK ESTATES PHASE THREE LOTS 8R AND 9R, BLOCK L BEING AN AMENDMENT OF LOTS 8 AND 9, BLOCK L GENTLE CREEK ESTATES, PHASE THREE BEING 0.574 ACRES IN THE A. DYER SURVEY, ABSTRACT NO. 258 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale: 1" = 20' August, 2016 SEI Job No. 16-107 SURVEYOR'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: ’’ STATE OF TEXAS § COUNTY OF COLLIN § STATE OF TEXAS § COUNTY OF COLLIN § STATE OF TEXAS § COUNTY OF COLLIN § STATE OF TEXAS § COUNTY OF COLLIN § NOTES: OWNER / APPLICANT Michael & Michele Leggiere 1181 Broken Bend Dr Prosper, TX 75078-9720 Telephone (469) 422-8457 Contact: Michael Leggiere LEGEND 1/2" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND CONTROL MONUMENT EASEMENT DEED RECORDS, COLLIN COUNTY, TEXAS PLAT RECORDS, COLLIN COUNTY, TEXAS ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: John Spiars PROJECT LOCATION CERTIFICATE OF APPROVAL OWNER / APPLICANT Allison & Hulon Webb 1171 Broken Bend Dr Prosper, TX 75078-9720 Telephone (469) 481-2397 Contact: Hulon Webb POINT OF BEGINNING Page 1 of 1 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko, AICP, Senior Planner Re: Planning & Zoning Commission Meeting – September 6, 2016 Agenda Item: Consider and act upon the re-approval of a Final Plat of Prosper Tuscan Square, Block A, Lots 1-4, on 6.5± acres, located on the southwest corner of Prosper Trail and Coleman Street. This property is zoned Retail (R). (D14-0056). Description of Agenda Item: This Final Plat was previously approved by the Planning & Zoning Commission on September 16, 2014, but has not yet been filed. Since that approval, the off-site Fire Lane and Access Easement located in the southeast corner of the property was purchased by the applicant and will be incorporated it into Block A, Lot 4 (area highlighted on the plat). The inclusion of added acreage to the plat requires re-approval by the Planning & Zoning Commission. The purpose of the Final Plat is to dedicate easements necessary for the development of the property. The Final Plat conforms to the Retail (R) 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. Previously approved Final Plat 3. Revised Final Plat Town Staff Recommendation: Town staff recommends re-approval of the Final Plat. Prosper is a place where everyone matters. PLANNING D14-0056 PROSPER TRL COLEMAN STTRAIL DRDIANNA DR DARIAN DR SIBYL LNBERKSHIRE DR H A M PSH IR E D R GRAY LND EVO N SHIRE D RWILSON DRSOMERSET WAYO X F O R D P L NORFOLK DRBRYAN ST KOMRON C T STEPHANIE LNPARISA CTDAVE TRLOAKLEY LNTAHOE DR LA M O ND CT MALECK STPROSPER TRL 0 160 32080 Feet ± Lot 3, Block A (Drainage & Detention Easement) Var. width R.O.W.Var. width R.O.W.(AKA Business Highway 289)100' R.O.W.Lot 4, Block A 50' R.O.W. Tract One Doc. No. 20110124000091060 OPRCCT Lot 2, Block A Lot 1, Block A R.O.W. Dedication to the Town of Prosper in fee simple Cab. P, Pg. 644 PRCCTVol. 4847, Pg. 3389 DRCCT Vol. 1749, Pg. 716 DRCCT Vol. 1121, Pg. 678 DRCCT Tract 1 Doc. No. 20110307000244060 OPRCCT Doc. No. 20060804001112910 OPRCCTCab. 2008, Pg. 271 PRCCT Line Table Line Table Line Table Curve Table Curve Table H TRO N LOCATION MAP 1" = 1000' ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬),1$/3/$7¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ PROSPER TUSCAN SQUARE LOTS 1 THROUGH 4, BLOCK A IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS 6.419 ACRES (GROSS) / 6.234 ACRES (NET) Scale: 1" = 50' September, 2014 SEI Job No. 13-149 SURVEYOR'S CERTIFICATE STATE OF TEXAS Α COUNTY OF COLLIN Α STATE OF TEXAS Α COUNTY OF COLLIN Α OWNER'S CERTIFICATE WHEREAS NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: PROSPER TUSCAN SQUARE ACCESS EASEMENT FIRE LANE EASEMENT DRAINAGE AND DETENTION EASEMENT LANDSCAPE EASEMENT CROSSMAC INVESTMENTS, LLC STATE OF ARKANSAS Α COUNTY OF BENTON Α NOTES: OWNER / APPLICANT Crossmac Investments, LLC 15954 Serenity Point Rogers, AR 72756 Telephone (479) 586-0433 Contact: Christopher Crossland LEGEND 1/2" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND CONTROL MONUMENT EASEMENT UTILITY BY THIS PLAT RIGHT-OF-WAY LANDSCAPE EASEMENT WATER EASEMENT FIRELANE AND ACCESS EASEMENT PEDESTRIAN ACCESS EASEMENT DEED RECORDS, COLLIN COUNTY, TEXAS PLAT RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Darren K. Brown PROJECT LOCATION POINT OF BEGINNING ENGINEER Evolving Texas 420 Throckmorton St., Ste. 930 Fort Worth, TX 76102 Telephone: (817) 529-2700 Contact: Frank Cano, Sr. Lot 3, Block A (Drainage & Detention Easement) Var. width R.O.W.Var. width R.O.W.100' R.O.W.Lot 4, Block A 50' R.O.W. Remainder of Tract One Doc. No. 20110124000091060 OPRCCT Lot 2, Block A Lot 1, Block A R.O.W. Dedication to the Town of Prosper in fee simple Cab. P, Pg. 644 PRCCTVol. 4847, Pg. 3389 DRCCT Vol. 1749, Pg. 716 DRCCT Vol. 1121, Pg. 678 DRCCT Doc. No. 20060804001112910 OPRCCTCab. 2008, Pg. 271 PRCCT Cab. 2015, Pg. 744 PRCCT Line Table Line Table Line Table Curve Table Line Table Curve Table H TRO N LOCATION MAP 1" = 1000' FINAL PLAT PROSPER TUSCAN SQUARE LOTS 1 THROUGH 4, BLOCK A IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS 6.495 ACRES (GROSS) / 6.299 ACRES (NET) Scale: 1" = 50' August, 2016 SEI Job No. 13-149 SURVEYOR'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § STATE OF TEXAS § COUNTY OF COLLIN § OWNER'S CERTIFICATE WHEREAS NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: PROSPER TUSCAN SQUARE CROSSMAC INVESTMENTS, LLC STATE OF ARKANSAS § COUNTY OF BENTON §NOTES: OWNER / APPLICANT Crossmac Investments, LLC 15954 Serenity Point Rogers, AR 72756 Telephone (479) 586-0433 Contact: Christopher Crossland LEGEND 1/2" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND CONTROL MONUMENT EASEMENT UTILITY BY THIS PLAT RIGHT-OF-WAY LANDSCAPE EASEMENT DRAINAGE EASEMENT WATER EASEMENT FIRELANE, ACCESS, DRAINAGE, & UTILITY EASEMENT PEDESTRIAN ACCESS EASEMENT DEED RECORDS, COLLIN COUNTY, TEXAS PLAT RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Darren K. Brown PROJECT LOCATION POINT OF BEGINNING ENGINEER Evolving Texas 420 Throckmorton St., Ste. 930 Fort Worth, TX 76102 Telephone: (817) 529-2700 Contact: Frank Cano, Sr. ACCESS EASEMENT FIRE LANE EASEMENT DRAINAGE AND DETENTION EASEMENT LANDSCAPE EASEMENT STREET EASEMENT CERTIFICATE OF APPROVAL Page 1 of 2 To: Planning & Zoning Commission From: Jonathan Hubbard, Planner Through: Alex Glushko, Senior Planner Re: Planning & Zoning Commission Meeting – September 6, 2016 Agenda Item: Consider and act upon an extension of a Site Plan for a Convenience Store with Gas Pumps in the Westfork Crossing Development (RaceTrac), on 2.4± acres, located on the northwest corner of US 380 and Gee Road. This property is zoned Commercial (C). (D14-0072). History: On March 7, 2015, the Planning & Zoning Commission approved the Site Plan for RaceTrac. Chapter 4, Section 1.6 of the Zoning Ordinance states: “The approval of a site plan shall be effective for a period of eighteen (18) months from the date of approval by the Planning & Zoning Commission, at the end of which time the applicant must have submitted and received approval of engineering plans and building permits. If the engineering plans and building permits are not approved, the site plan approval, together with any preliminary site plan for the property, is null and void.” Chapter 4, Section 1.8 of the Zoning Ordinance states, “A property owner, or his/her representative, may request extension of an approved site plan if such request is submitted to the Director of Planning, or his/her designee at least thirty (30) days prior to lapse of such plan as provided by these regulations. Site plans may be extended up to six (6) months.” An application for the extension of this Site Plan was received on August 8, 2016, and a letter from the applicant detailing the purpose for the requested extension is attached. The applicant indicated that the delay in constructing the facility is due to the TxDOT reconstruction of US 380. Staff recommends approval of the requested Site Plan extension. Description of Agenda Item: The Site Plan shows a 5,488 square foot convenience store with gas pumps. Access is provided from US 380 and Gee Road. Adequate parking has been provided. The Site Plan conforms to the Commercial development standards. Budget Impact: There are no significant budget implications associated with the extension of this Site Plan. Legal Obligations and Review: The Site Plan meets minimum development requirements. Prosper is a place where everyone matters. PLANNING Page 2 of 2 Attached Documents: 1. Location Map 2. Purpose Letter 3. Site Plan Town Staff Recommendation: Town staff recommends approval of the extension of the Site Plan. D14-0072 UNIVERSITY DR GEE RDFM 423 0 80 16040 Feet ± E.S.O.S. E.S.O.S.E.S.O.S. Vicinity Map FISHTRAP ROAD GEE ROADSITE 423 380 OHE Page 1 of 2 To: Planning & Zoning Commission From: Alex Glushko, AICP, Senior Planner Through: John Webb, AICP, Director of Development Services Re: Planning & Zoning Commission Meeting – September 6, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to repeal Ordinance No. 06-77, a Specific Use Permit for a Mini-Warehouse/Public Storage Facility (SUP-2), on 4.8± acres, located on the south side of Richland Boulevard, 250± feet east of Prosper Commons Boulevard. This property is zoned Commercial (C) and Specific Use Permit-2 (SUP-2). (S16- 0010). 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 Commercial and Specific Use Permit-2 (Mini- Warehouse/Public Storage) Vacant US 380 District North Planned Development-2- Multifamily Multifamily (Orion) US 380 District East Planned Development-2- Corridor Vacant US 380 District South Commercial and Specific Use Permit-4 (Mini- Warehouse/Public Storage Mini-Warehouse/Public Storage (Advantage Storage) US 380 District West Commercial Vacant US 380 District Requested Zoning – The purpose of this request is to repeal Ordinance No. 06-77, a Specific Use Permit-2 (SUP-2), for a Mini-Warehouse/Public Storage Facility, which was adopted by Town Council in 2006. Prosper is a place where everyone matters. PLANNING Page 2 of 2 The subject property, including the western adjacent portion zoned Commercial (C), was recently purchased to allow for the development of a Veterinarian Clinic and/or Kennel. Per an interpretation of Ordinance No. 06-77 by the Town Attorney, SUP-2 only permits Mini- Warehouse/Public Storage uses, in accordance with the associated exhibits incorporated into the enacting ordinance. If repealed, the subject property would retain the underlying Commercial zoning designation, which would permit all uses within that zoning district, including Veterinarian Clinic and/or Kennel uses. With the development of the mini-warehouse facility to the south (Advantage Storage), staff believes the area would benefit from a diversity of land uses. This is supported by the US 380 District recommendations of the Comprehensive Plan, which states the US 380 District will contain “a variety of different uses.” Staff supports the repeal of SUP-2. Future Land Use Plan – The Future Land Use Plan recommends US 380 District uses for the property. Conformance to the Thoroughfare Plan – The property has direct access to Richland Boulevard, an existing four-lane divided thoroughfare. Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended to the property. Access – Direct access is provided from Richland Boulevard. Schools – This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – The property will not be needed for a park. Environmental Considerations – There is no 100-year floodplain located 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. Zoning map of surrounding area 2. Repeal Request Letter 3. Existing SUP-2 Ordinance 4. Public Hearing Notice Reply Form Town Staff Recommendation: Town staff recommends the Planning & Zoning Commission repeal Ordinance No. 06-77 (SUP- 2). 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 September 27, 2016. S16 -0 010 S-4 S-2 S-8 COIT RDUNIVERSITY DR RICHLAND BLVD PROSPER COMMONS BLVDCOIT RDRICHLAND BLVD CORPD-2 MFPD-2 SF-10PD-6 RPD-38 SFPD-25MF CORCOR C SF-10 O R C C C SF O 0 120 24060 Feet ± Page 1 of 3 To: Planning & Zoning Commission From: John Webb, AICP, Director of Development Services Re: Planning & Zoning Commission Meeting – September 6, 2016 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 variances for distance requirements for Alcoholic Beverages. (Z16-0017). Background and Purpose of the Proposed Amendment: The Texas Alcoholic Beverage Code (TABC) permits, but does not require, municipalities to establish 300-foot distance requirements between establishments that sell alcohol beverages for on-premise or off-premise consumption and churches, hospitals, and schools including day care facilities. The distance between an establishment and a church or hospital is measured from the front door of the establishment to the front of the church or hospital. The distance between an establishment and a public school, private school or day care is measured in a direct line from the property line of the establishment to the property line of the school. TABC also permits the governing body of a municipality to grant a variance to the distance requirement on a case-by-case basis. However, the Prosper Zoning Ordinance specifically states that no variances shall be considered. Due to unique situations, staff anticipates scenarios whereby a variance to the distance requirement may be warranted without negatively impacting a church, hospital or school. The proposed amendment to the Zoning Ordinance removes the restriction on considering variances to the distance requirement for “Alcoholic Beverage Sales” (grocery stores). Staff is not recommending that restaurants which serve alcohol for on-premise consumption or “Alcoholic Beverage Establishments,” which are establishments that on a quarterly basis derive 75% or more of its gross revenue from the sale of alcoholic beverages (bars) be permitted to seek a variance from distance requirements. Per advice of the Town Attorney, the process for the Town Council’s consideration of specific distance variance requests should be established in the Code of Ordinances, not the Zoning Ordinance. While that process is not part of this Zoning Ordinance amendment, staff has attached the draft staff report and draft ordinance for your reference. Prosper is a place where everyone matters. PLANNING Page 2 of 3 Proposed Amendments to the Zoning Ordinance: The specific, proposed amendment to the Zoning Ordinance is, Amend #16, “Alcoholic Beverage Sales” of the Conditional Development Standards, by deleting sub-paragraph (j) as noted below: “16. Alcoholic Beverage Sales Alcoholic Beverage Sales, as defined by the Prosper Zoning Ordinance, as amended, shall mean any establishment, place of business or person engaged in the selling of Alcoholic Beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premise personal or household consumption. a) Alcoholic Beverage Sales shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. b) Alcoholic Beverage Sales are permitted only in the NS, DTR, R, DTC, C, CC and I zoning districts. c) Beer sales are not permitted in residential zoning districts. d) Pursuant to the Town Charter, the sale of liquor, as defined in the Texas Alcoholic Beverage Code, as amended, shall be prohibited by a person or entity holding a package store permit, as described in the Texas Alcoholic Beverage Code, as amended, in any zoning district which allows, in whole or in part, residential development in the Town. e) The regulations herein applicable to a public school shall also apply to a day-care center or a child- care center as provided in Section 109.331, Texas Alcoholic Beverage Code, as amended. f) Alcoholic Beverage Sales shall not be located within the following: 1. Three hundred feet (300’) from a church, public school, private school, and/or public hospital. However, Alcoholic Beverage Sales may be located within three hundred feet (300’) of a private school if minors are prohibited from entering the place of business, as required by Section 109.53, Texas Alcoholic Beverage Code, as amended; or 2. One thousand feet (1,000) from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution. But, the Town Council may not adopt this additional spacing requirement if: (i) minors are prohibited from entering the place of business engaged in Alcoholic Beverage Sales, pursuant to Section 109.53, Texas Alcoholic Beverage Code, as amended; (ii) the holder of a retail off-premise consumption permit or license if less than fifty percent (50%) of the gross receipt for the premises, excluding the sale of items subject to the motor fuels are from the sale or service of alcoholic beverages; or (iii) the holder of a license or permit issued under Chapter 27, 31 or 72, Texas Alcoholic Beverage Code, as amended, who is operating on the premises of a private school. g) Measurement of the distance between the place of business engaged in Alcoholic Beverage Sales and the church or public hospital shall be along the property line of the street fronts, from front door to front door, and in a direct line across intersections. Measurement for the distance between the place of business engaged in Alcoholic Beverage Sales and a public or private school shall be: 1. In a direct line from the Property Line of the public or private school to the Property Line of the place of business, and in a direct line across intersections; or 2. If Alcoholic Beverage Sales are located on or above the fifth (5th) story of a multistory building, in a direct line from the Property Line of the public or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base floor on which Alcoholic Beverage Sales are located. Page 3 of 3 h) In accordance with Section 109.33, Texas Alcoholic Beverage Code, as amended, in this Paragraph 16, “private school” means a private school, including a parochial school, that: 1. Offers a course of instruction for students in one or more grades from kindergarten through grade twelve; or 2. Has more than one hundred (100) students enrolled and attending courses at a single location. i) If at any time an original Alcoholic Beverage permit or license is granted by the Texas Alcoholic Beverage Commission to an establishment, place of business, or person and the establishment, place of business or person satisfies the requirements regarding the distance requirements in this Paragraph 16, then the same shall be deemed to satisfy the distance requirements for all subject renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit. j) There shall be no variances considered with regard to the regulations set forth herein.” Legal Obligations and Review: Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to recommend approval 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. Attached Documents: 1. Draft staff report and proposed Amendment to the Code of Ordinance establishing distance variance process. Town Staff Recommendation: Town 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 be scheduled for the Town Council at their Regular meeting on September 13, 2016. DRAFT Page 1 of 3 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 13, 2016 Agenda Item: Consider and act upon an ordinance amending Section 4.02, “Alcoholic Beverages,” of Chapter 4, “Business Regulations,” of the Town’s Code of Ordinances by establishing a process for considering a variance to the distance requirement between establishments which sell alcoholic beverages and hospitals, schools, and churches; and amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances by establishing an application fee for the consideration of a variance to the distance requirements between establishments which sell alcoholic beverages and hospitals, schools, and churches. Description of Agenda Item/Background: The Texas Alcoholic Beverage Code (TABC) permits, but does not require, municipalities to establish 300-foot distance requirements between establishments that sell alcohol beverages for on-premise or off-premise consumption and churches, hospitals, and schools including day care facilities (protected uses). The distance between an establishment and a church or hospital is measured from the front door of the establishment to the front of the church or hospital. The distance between an establishment and a public school, private school or day care is measured in a direct line from the property line of the establishment to the property line of the school. Due to factors such as building orientation, access, lot layout, physical and manmade barriers, staff anticipates scenarios whereby a variance to the distance requirement may be warranted without negatively impacting the protected use on a case-by-case basis. Currently, the Zoning Ordinance states that that no variances to the distance requirements for “Alcoholic Beverage Sales” (grocery store) shall be considered. A companion case on the September 13, 2016 Town Council agenda is a request to amend the Zoning Ordinance to remove restriction for considering distance variances for “Alcoholic Beverage Sales.” Staff is not recommending to change the prohibition of considering distance variances for restaurants and “Alcoholic Beverage Establishments,” which are establishments that on a quarterly basis derive 75% or more of its gross revenue from the sale of alcoholic beverages (bars). Proposed Amendments: The proposed ordinance amends the “Alcoholic Beverages” section of Chapter 4, “Business Regulations” of the Code of Ordinances by creating a new application and review process for Town Council to consider requests for variance to the distance requirements on a case-by-case basis for any retail structure over fifty thousand (50,000) square feet where the primary tenant Prosper is a place where everyone matters. PLANNING DRAFT Page 2 of 3 occupies at least eighty percent (80%) of the structure. The structure size requirement is to ensure that variance requests are limited to grocery stores or big box stores that offer the sale of groceries. The attached ordinance contains the following process and establishes an application fee of $500.00. Sec. 4.02.004 Alcoholic Beverage Sales Distance Variance Requirements (a) Pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, a variance to the distance requirements prescribed by Section 4.02.002 and Section 1.4(16) of Chapter 3 of the Zoning Ordinance, as amended, may be requested and granted in accordance with the following procedures, for any retail structure over fifty thousand (50,000) square feet where the primary tenant occupies at least eighty percent (80%) of the structure. (1) An application shall be submitted to the Town on a form provided by the Department of Development Services. (2) The application shall contain all required information on the form. (3) The Department of Development Services shall set a date for a public hearing by the Town Council. (4) No less than ten (10) days before the date of consideration by the Town Council, the Director of Development Services or his or her designee shall provide notice to the protected use that creates the need for the variance. For purposes of this section, “protected use” shall mean a church, public or private school, hospital, day-care center, or child-care facility as defined by the Zoning Ordinance, as amended. (5) In considering the application for a variance to any distance requirement, the Town Council shall consider if the distance requirement in the particular instance: i. is not in the best interest of the public; ii. constitutes waste or inefficient use of land or other resources; iii. creates an undue hardship on an applicant for an alcohol permit; iv. does not serve its intended purpose; v. is not effective or necessary; or vi. for any other reason that the Town Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (6) The Town Council may impose reasonable conditions on the granting of a variance. (b) A variance granted pursuant to this subsection is valid for subsequent renewals for the alcohol permit. A distance variance granted pursuant to this subsection may not be transferred to another location or to another alcohol permit holder. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the ordinance as to form and legality. DRAFT Page 3 of 3 Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends the Town Council approve the ordinance amending the Code of Ordinances as submitted. Proposed Motion: I move to approve an ordinance amending Chapter 4, “Business Regulations,” of the Code of Ordinances by adding a new article 4.02.004, “Alcoholic Beverage Sales Distance Variance Requirements for Certain Retail Structures,” and amending Appendix A, “Fee Schedule,” of the Code of Ordinances by adding a new Development Fee Section V(1)(O), “Alcoholic Beverage Sales Distance Variance Requirements.” DRAFT Ordinance No. 16- , Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 4, “BUSINESS REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING THERETO A NEW ARTICLE 4.02.004, “ALCOHOLIC BEVERAGE SALES DISTANCE VARIANCE REQUIREMENTS FOR CERTAIN RETAIL STRUCTURES”; AMENDING APPENDIX A, “FEE SCHEDULE,” TO THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A NEW DEVELOPMENT FEE SECTION V(1)(O), “ALCOHOLIC BEVERAGE SALES DISTANCE VARIANCE”; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes the need to continue to regulate the distance between establishments that sell alcohol beverages for on-premise or off-premise consumption and churches, hospitals, and schools in accordance with the Texas Alcoholic Beverage Code; and WHEREAS, the Town further recognizes that due to unique circumstances, the Town may desire to consider variances to the distance requirements, as authorized by the Texas Alcoholic Beverage Code, on a case-by-case basis for certain large retail structures, as delineated herein; and WHEREAS, the Town desires to establish procedures for considering applications for a variance for certain large retail structures to the distance requirements; and WHEREAS, the Town Council has investigated and determined that it will be advantageous and beneficial to the citizens of Prosper and will protect the public health, safety and welfare to adopt procedures for applications for a variance for certain large retail structures to the distance requirements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Article 4.02, “Alcoholic Beverages” of Chapter 4, “Business Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding thereto a new Article 4.02.004, “Alcoholic Beverage Sales Distance Variance Requirements for Certain Retail Structures,” to read as follows: DRAFT Ordinance No. 16- , Page 2 “Sec. 4.02.004 Alcoholic Beverage Sales Distance Variance Requirements for Certain Retail Structures (a) Pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, a variance to the distance requirements prescribed by Section 4.02.002 and Section 1.4(16) of Chapter 3 of the Zoning Ordinance, as amended, may be requested and granted in accordance with the following procedures, for any retail structure over fifty thousand (50,000) square feet where the primary tenant occupies at least eighty percent (80%) of the structure. (1) An application shall be submitted to the Town on a form provided by the Department of Development Services. (2) The application shall contain all required information on the form. (3) The Department of Development Services shall set a date for consideration of the application by the Town Council. (4) No less than ten (10) days before the date of consideration by the Town Council, the Director of Development Services or his or her designee shall provide notice to the protected use that creates the need for the variance. For purposes of this section, “protected use” shall mean a church, public or private school, hospital, day-care center, or child-care facility as defined by the Zoning Ordinance, as amended. (5) In considering the application for a variance to any distance requirement, the Town Council shall consider if the distance requirement in the particular instance: i. is not in the best interest of the public; ii. constitutes waste or inefficient use of land or other resources; iii. creates an undue hardship on an applicant for an alcohol permit; iv. does not serve its intended purpose; v. is not effective or necessary; or vi. for any other reason that the Town Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (6) The Town Council may impose reasonable conditions on the granting of a distance variance. (b) A variance granted pursuant to this section is valid for any subsequent renewals for the alcohol permit. A distance variance granted pursuant to this section may not be transferred to another location or to another alcohol permit holder. Sec. 4.02.005—4.02.030 Reserved.” SECTION 3 From and after the effective date of this Ordinance, Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby amended by adding thereto a new Development Fee Section V(1)(O), “Alcoholic Beverage Sales Distance Variance,” to read as follows: “Sec. V Development Fees (1) Development Fees DRAFT Ordinance No. 16- , Page 3 * * * (O) Alcoholic Beverage Sales Distance Variance: $500.00” SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 13TH DAY OF SEPTEMBER, 2016. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney 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 of the Texas Sustainable Cities Award to the Town of Prosper by Rudy Garza of the Texas Masonry Council. (JW) 5. CONSENT AGENDA: All 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 – August 9, 2016 5b. Consider and act upon approving the purchase of two LIFEPAK 15 defibrillators for the Fire Department, from Physio-Control, Inc., that will be utilized on two new fire engines, and authorize the Town Manager to execute the quote for same. (SB) 5c. Consider and act upon adopting the FY 2016-2017 Prosper Economic Development Corporation budget. (JW) 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. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 23, 2016 6:00 p.m. RESULTS Page 2 of 3 PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on the northeast corner of US 380 and Gee Road. (MD16-0002). (JW) Tabled to September 27, 2016 8. Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-65 (PD-65) and a portion of Planned Development-48 (PD-48), on 198.4± acres, located on the southeast and southwest corners of existing and future Prairie Drive and Legacy Drive, to allow for the development of a single family detached, senior living development and to modify lot type requirements. (Z16-0011). (JW) Tabled to September 27, 2016 9. Conduct a Public Hearing to consider and discuss the FY 2016-2017 Budget, as proposed. (HJ) No action required 10. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.6 percent. (HJ) No action required DEPARTMENT ITEMS: 11. Consider and act upon a Site Plan for a retail shell building in the Shops at Prosper Trail, on 1.3± acres, located on the east side of Preston Road, 175± feet north of Prosper Trail. This property is zoned Planned Development-68 (PD-68). (D16-0018). (JW) Approved, 7-0 12. Consider and act upon a request for an ornamental metal fence within the required front yard, on 2.4± acres, located at 3181 Brookhollow Court, in Whispering Farms, Phase 2. (MD16-0009). (JW) Approved, 7-0 13. Consider and act upon request for a masonry wall in lieu of open fencing adjacent to open space, located at 1400 Copper Point Drive, in Montclair. (MD16-0010). (JW) Approved, 6-0 (Mayor Smith not voting) 14. Consider and act upon a request for a Façade Exception for the Tribute Memory Care Facility in the Prosper Town Center development, located on the west side of Hays Road, 900± feet north of First Street. (MD16-0006). (JW) Approved, 7-0 15. 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: 15a. Section 551.087 – To discuss and consider economic development incentives. RESULTS Page 3 of 3 15b. 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. 15c. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 18. Adjourn.