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03.17.15 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 3, 2015 Regular Planning & Zoning Commission meeting. 3b. Consider and act upon an extension of a Preliminary Plat for Prosper Trail Estates, for 494 single family residential lots on 212.0± acres, located on the north side of Prosper Trail, 2,500± feet west of Dallas Parkway. The property is zoned Planned Development-36 and Planned Development-60 (PD-36 & PD-60). (D12-0047). 3c. Consider and act upon a Site Plan and a Final Plat for Westfork Crossing Addition, Block A, Lot 1, for a convenience store with gas pumps (RaceTrac), on 2.4± acres, located on the northwest corner of US 380 and Gee Road. The property is zoned Commercial (C). (D14-0072). 3d. Consider and act upon a Site Plan and a Final Plat for La Cima Crossing Addition, Block A, Lots 1 and 2, for a retail building on Lot 2, on 6.7± acres, located on the northwest corner of US 380 and La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D15-0001). 3e. Consider and act upon a final plat of Windsong Ranch, Phase 2D-1, for 99 single family residential lots, on 41.1± acres, located 1,500± feet south of Fishtrap Road, 2,000± feet east of Windsong Parkway. The property is zoned Planned Development-40 (PD-40). (D15-0012). 3f. Consider and act upon a Revised Conveyance Plat for Frontier Estates, Block A, Lots 2, on 9.8± acres, located on the south side of Coleman Street, 100± feet east of Preston Road. The property is zoned Planned Development-15 (PD-15). (D15-0014). 3g. Consider and act upon a Final Plat of Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street, 1,000± feet east of Coleman Street. The property is zoned Single Family-15. (D15-0015). 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 AGENDA Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, March 17, 2015, 6:00 p.m. Prosper is a place where everyone matters. Page 1 of 2 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 Preliminary Site Plan for a retail and office development and child day care facility (Kids R Kids Addition), and a solid living screen in lieu of a masonry wall, on 12.8± acres, located on the northeast corner of First Street and Coit Road. The property is zoned Retail (R) and Specific Use Permit-7 (S-7). (D15-0010). 5. Consider and act upon a Site Plan and a Final Plat for Kids R Kids Addition, Block A, Lot 1, for a child day care center (Kids R Kids), on 2.2± acres, located on the east side of Coit Road, 800± feet north of First Street. The property is zoned Retail (R) and Specific Use Permit-7 (S-7). (D15-0011). 6. Consider and act upon a request for a Variance to the Subdivision Ordinance regarding Thoroughfare Screening along Windsong Parkway and Gee Road, for Windsong Ranch, Phases 1A, 1B, 1C, 3A-1, and 3B. (V15-0001). 7. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 8. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on March 13, 2015, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the 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. Page 2 of 2 Town of Prosper Planning & Zoning Commission Regular Meeting Minutes March 3, 2015 ] 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Commissioners present: Chair Mike McClung, Vice Chair Craig Moody, Secretary Chris Keith, Brian Barnes, David Snyder, and John Alzner. Commissioner(s) absent: John Hema Staff present: John Webb, Director of Development Services; Alex Glushko, Senior Planner; and Pamela Clark, Planning Technician 2. Pledge of Allegiance. CONSENT AGENDA 3a. Consider and act upon minutes from the February 17, 2015 Regular Planning & Zoning Commission meeting. 3b. Consider and act upon a Site Plan and Final Plat for Windsong Ranch, Phase 2C-1, for 158 single family attached residential lots, on 44.1± acres, located on the west side of Teel Parkway, 2,000± feet south of Fishtrap Road. The property is zoned Planned Development- 40 (PD-40). (D15-0009). Motioned by Snyder, seconded by Keith, to approve subject to staff recommendations. Motion approved 6-0. REGULAR AGENDA 4. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, on the east side of Main Street, from Third Street to First Street, from Old Town – Office to Old Town – Main Street Retail. (CA15-0001). [Companion to Case #Z15-0001] 5. Conduct a Public Hearing, and consider and act upon a request to rezone 0.8± acre, located on the southeast corner of Main Street and Third Street from Commercial (C) to Downtown Retail (DTR). (Z15-0001). [Companion to case #CA15-0001] Glushko: Summarized the zoning request and the request to amend the Future Land Use Plan. Provided information on the zoning of the surrounding properties and the designations on the current Future Land Use Plan. Presented exhibits provided by the applicant. Described the differences in the development standards for the Downtown Office and Downtown Retail districts. Informed Commissioners that Town staff has not received any public hearing notice reply forms in opposition to the zoning change or the MINUTES Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, March 3, 2015, 6:00 p.m. Prosper is a place where everyone matters. Page 1 of 4 Town of Prosper Planning & Zoning Commission Regular Meeting Minutes March 3, 2015 Future Land Use Plan amendment. Staff recommended approval of the zoning request and the Future Land Use Plan amendment. Public Hearing opened by Chair McClung for Item 4. Luke Brown (Applicant): Described his development plans for the properties, including the building design and orientation. Commission Discussion. Commission discussed and noted that the Old Town – Main Street Retail District should extend only from Third Street to Second Street on the east side of Main Street, and the properties on First Street should remain Old Town – Office. Motioned by Moody, seconded by Barnes, to approve Item 4 subject to revising the Future Land Use Plan to extend the Old Town – Main Street Retail district from Third Street to Second Street on the east side of Main Street, and leaving the property on the east side of Main Street, from Second Street to First Street as Old Town – Office. Motion approved 6-0. Public Hearing opened by Chair McClung for Item 5. There being no other speakers, the Public Hearing was closed by Chair McClung. Commission Discussion. Motioned by Snyder, seconded by Alzner, to approve subject to staff recommendations. Motion approved 6-0. 6. Conduct a Public Hearing, and consider and act upon a request to rezone 1.1± acres, located on the north side of Third Street, 200± feet east of Coleman Street from Single Family-15 (SF-15) to Downtown Single Family (DTSF). (Z15-0002). Glushko: Summarized the request and provided information on the surrounding zoning. Presented architectural renderings provided by the applicant for the Commissioners review. Informed Commissioners that Town staff has received one public hearing reply form; in opposition to the request. Described the differences in the development standards for Single Family-15 and Downtown Single Family districts. Recommended approval of the request. Public Hearing opened by Chair McClung. Michael Pettis (Applicant): Described his development plans for the properties, including the construction materials and the selling price range for the homes. There being no other speakers, the Public Hearing was closed by Chair McClung. Commission Discussion. Motioned by Keith, seconded by Snyder, to approve subject to staff recommendations. Motion approved 6-0. Page 2 of 4 Town of Prosper Planning & Zoning Commission Regular Meeting Minutes March 3, 2015 7. Conduct a Public Hearing, and consider and act upon a request to amend 3.5± acres of Planned Development-17 (PD-17), located on the northwest corner of First Street and Preston Road. (Z15-0003). Glushko: Described the property and the zoning of the surrounding properties. Summarized the zoning request and presented exhibits provided by the applicant. Informed Commissioners that no public hearing reply forms in opposition have been received. Recommended approval. Juan Vasquez (Applicant): Described the current elevations of the surrounding roadways and proposed finished floor elevations for the development. Stated the proposed building would be at a similar elevation to Preston Road and First Street adjacent to the proposed development. Perry Thompson (Applicant): Described the underground parking and the finished floor elevations of the parking garage. Public Hearing opened by Chair McClung. There being no other speakers, the Public Hearing was closed by Chair McClung. Commission Discussion. Commissioners expressed their concerns regarding the height of the building. Motioned by Snyder, seconded by Barnes, to approve subject to staff recommendations. Motion approved 5-1; Vice Chair Moody opposed, indicating concern with the height of the proposed structure. 8. Consider and act upon a request for a Variance to the Subdivision Ordinance regarding Thoroughfare Screening along Windsong Parkway and Gee Road, for Windsong Ranch, Phases 1A, 1B, 3A-1, and 3B. (V15-0001). Glushko: Stated that due to a phase being excluded from the agenda caption, this item is requested to be tabled. Motioned by Snyder, seconded Alzner, to table Item 8. Motion approved 6-0. 9. Discuss Residential Design and Development Standards. Webb: Summarized the suggested revised development standards and received input from the Commission. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Webb: Reminded Commissioners of the tour scheduled for April 7, 2015 and informed Commissioners of the possible date change May 5, 2015 Planning & Zoning Commission meeting due to early voting taking place in the Municipal Chambers. 11. Adjourn. Motioned by Snyder, seconded by Moody, to adjourn. Motion approved 6-0 at 7:36 p.m. Page 3 of 4 Town of Prosper Planning & Zoning Commission Regular Meeting Minutes March 3, 2015 ________________________________________ _________________________ Pamela Clark, Planning Technician Chris Keith, Secretary Page 4 of 4 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko AICP, Senior Planner Re: Planning & Zoning Commission Meeting – March 17, 2015 Agenda Item: Consider and act upon an extension of a Preliminary Plat for Prosper Trail Estates, for 494 single family residential lots on 212.0± acres, located on the north side of Prosper Trail, 2,500± feet west of Dallas Parkway. The property is zoned Planned Development-36 and Planned Development-60 (PD-36 & PD-60). (D12-0047). Description of Agenda Item: On February 19, 2013, the Planning & Zoning Commission approved a Preliminary Plat for Prosper Trail Estates. Section 7.6.7 of the Subdivision Ordinance states, “if no development has occurred, any Preliminary Plat accepted by the Commission shall expire and become null and void two (2) years following the conditional acceptance, unless an extension of time is applied for prior to expiration and granted by the Commission. The Commission may, upon the application of the Subdivider, extend the conditional acceptance of the Preliminary Plat up to six (6) months.” An application for the extension of this subdivision was applied for on February 16, 2015, and a letter detailing the purpose for the request for an extension has been attached for reference. Budget Impact: There are no significant budget implications associated with the approval of this Preliminary Plat extension. Legal Obligations and Review: The Preliminary Plat meets minimum development requirements. Attached Documents: 1. Extension request letter 2. Approved Preliminary Plat Town Staff Recommendation: Town staff recommends approval of the extension of the Preliminary Plat for Prosper Trail Estates, to September 17, 2015. 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 – March 17, 2015 Agenda Item: Consider and act upon a Site Plan and a Final Plat for Westfork Crossing Addition, Block A, Lot 1, for a convenience store with gas pumps (RaceTrac), on 2.4± acres, located on the northwest corner of US 380 and Gee Road. The property is zoned Commercial (C). (D14-0072). Description of Agenda Item: The Site Plan shows a 6,114 square foot convenience store with gas pumps. Access is provided from US 380 and Gee Road. Adequate parking has been provided. The Final Plat dedicates all easements necessary for development. Budget Impact: There are no significant budget implications associated with the approval of this Site Plan and Final Plat. Legal Obligations and Review: The Site Plan and Final Plat meet minimum development requirements. Attached Documents: 1. Site Plan 2. Final Plat Town Staff Recommendation: Town staff recommends approval of the Site Plan and Final Plat subject to: 1. Town staff approval of all additions and/or alterations to the easements on the Final Plat. 2. Town staff approval of civil engineering, façade, open space, landscaping, and irrigation plans. 3. Town staff and TxDOT approval of all thoroughfare locations, right-of-way dedications, easements, driveways, turn lanes, drive openings, median openings, sidewalks, and hike and bike trails. 4. 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 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 – March 17, 2015 Agenda Item: Consider and act upon a Site Plan and a Final Plat for La Cima Crossing Addition, Block A, Lots 1 and 2, for a retail building on Lot 2, on 6.7± acres, located on the northwest corner of US 380 and La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D15-0001). Description of Agenda Item: The Site Plan shows a 10,215 square foot retail building. Access is provided from US 380 and Richland Boulevard. Adequate parking has been provided. The Final Plat dedicates all easements necessary for development. Budget Impact: There are no significant budget implications associated with the approval of this Site Plan and Final Plat. Legal Obligations and Review: The Site Plan and Final Plat meet minimum development requirements. Attached Documents: 1. Site Plan 2. Final Plat Town Staff Recommendation: Town staff recommends approval of the Site Plan and Final Plat subject to: 1. Town staff approval of all additions, alterations, and/or annotation to the easements on the Final Plat. 2. Town staff approval of civil engineering, façade, open space, landscaping, and irrigation plans. 3. Town staff and TxDOT approval of all thoroughfare locations, right-of-way dedications, easements, driveways, turn lanes, drive openings, median openings, sidewalks, and hike and bike trails. 4. 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 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 – March 17, 2015 Agenda Item: Consider and act upon a Final Plat of Windsong Ranch, Phase 2D-1, being 99 single family residential lots, on 41.1± acres, located 1,500± feet south of Fishtrap Road, 2,000± feet east of Windsong Parkway. The property is zoned Planned Development-40 (PD-40). (D15-0012). Description of Agenda Item: The Final Plat shows 99 single family residential lots. Access will be provided from Fishtrap Road, via Copper Canyon Drive, and Windsong Parkway, via Bristleleaf Lane. The Final Plat conforms to the Planned Development-40 (PD-40) development standards and the approved Preliminary Plat. 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. 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 on the Final Plat. 2. Town staff approval of civil engineering, landscape, irrigation, and screening plans. 3. Town staff approval of all right-of-way dedication, turn lanes, drive openings, street sections, hike and bike trails and easements, and sidewalks. 4. Town staff approval of trees located in the right-of-way. Prosper is a place where everyone matters. PLANNING Page 1 of 1 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko AICP, Senior Planner Re: Planning & Zoning Commission Meeting – March 17, 2015 Agenda Item: Consider and act upon a Revised Conveyance Plat for Frontier Estates, Block A, Lot 2, on 9.8± acres, located on the south side of Coleman Street, 100± feet east of Preston Road. The property is zoned Planned Development-15 (PD-15). (D15-0014). Description of Agenda Item: The purpose of the Revised Conveyance Plat is to add utility easements. The Revised Conveyance Plat conforms to the Planned Development-15 development standards. Budget Impact: There are no significant budget implications associated with the approval of this Revised Conveyance Plat. Legal Obligations and Review: The Revised Conveyance Plat meets minimum development requirements. Attached Documents: 1. Revised Conveyance Plat Town Staff Recommendation: Town staff recommends approval of the Revised Conveyance Plat, subject to: 1. Town staff approval of all additions and/or alterations to the easements on the Revised Conveyance Plat. Prosper is a place where everyone matters. PLANNING Page 1 of 1 To: Planning & Zoning Commission From: Pamela Clark, Planning Technician Through: Alex Glushko AICP, Senior Planner Re: Planning & Zoning Commission Meeting – March 17, 2015 Agenda Item: Consider and act upon a Final Plat of the Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street, 1,000± feet east of Coleman Street. The property is zoned Single Family-15 (SF-15). (D15-0015). Description of Agenda Item: The purpose of the Final Plat is to combine two tracts of land into one lot. The Final Plat conforms to the Single Family-15 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. 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 on the Final Plat. 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 – March 17, 2015 Agenda Item: Consider and act upon a Preliminary Site Plan for a retail and office development and child day care facility (Kids R Kids Addition), and a solid living screen in lieu of a masonry wall, on 12.8± acres, located on the northeast corner of First Street and Coit Road. The property is zoned Retail (R) and Specific Use Permit-7 (S-7). (D15-0010). Description of Agenda Item: The Preliminary Site Plan shows four retail/restaurant buildings totaling 65,330 square feet, six office/bank buildings totaling 37,100 square feet, and a 16,357 square foot child day care facility. Access is provided from First Street and Coit Road. Adequate parking has been provided. The Preliminary Site Plan conforms to the Retail and Specific Use Permit-7 development standards. While Preliminary Site Plans are generally considered on the Consent Agenda, this item is being considered on the Regular Agenda to allow the Planning & Zoning Commission to consider approval of a solid living screen in lieu of a masonry wall, for non-residential development adjacent to residential development, as allowed by the Zoning Ordinance. A solid living screen in lieu of a masonry wall was previously approved by the Planning & Zoning Commission and Town Council, in conjunction with approval of the Specific Use Permit for the Child Day Care use, but only for the 2.2-acre day care site, and not the entirety of the 12.8 acre property. The solid living screen that was approved consists of one (1) large evergreen tree, planted on 30-foot centers, 3-inch caliper minimum at the time of planting, and evergreen shrubs, planted on 6-foot centers, 45-gal and 8 feet in height at the time of planting. The applicant is proposing the same solid living screen for the remainder of the subject property, adjacent to the single family residential development to the east. 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 1 of 2 Legal Obligations and Review: The Preliminary Site Plan meets minimum development requirements. Attached Documents: 1. Preliminary Site Plan Town Staff Recommendation: Town staff recommends approval of the Preliminary Site Plan subject to: 1. Planning & Zoning Commission approval of a solid living screening in lieu of a masonry wall. 2. Town staff approval of preliminary water, sewer, and drainage plans. 3. Town staff approval of all thoroughfare locations, right-of-way dedications, easements, driveways, turn lanes, drive openings, median openings, sidewalks, and hike and bike trails. 4. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Page 2 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 – March 17, 2015 Agenda Item: Consider and act upon a Site Plan and a Final Plat for Kids R Kids Addition, Block A, Lot 1, for a child day care center (Kids R Kids), on 2.2± acres, located on the east side of Coit Road, 800± feet north of First Street. The property is zoned Retail (R) and Specific Use Permit-7 (S-7). (D15-0011). Background: Site Plans are generally considered on the Consent Agenda; however, approval of this Site Plan is subject to approval of the previous item on the Planning & Zoning Commission’s agenda, which is the Preliminary Site Plan for the Kids R Kids Addition (D15-0010). Description of Agenda Item: The Site Plan shows 16,357 square foot child day care facility. Access is provided from Coit Road. Adequate parking has been provided. The Final Plat dedicates all easements necessary for development. Budget Impact: There are no significant budget implications associated with the approval of this Site Plan and Final Plat. Legal Obligations and Review: The Site Plan and Final Plat meet minimum development requirements. Attached Documents: 1. Site Plan 2. Final Plat Town Staff Recommendation: Town staff recommends approval of the Site Plan and Final Plat subject to: 1. Town staff approval of civil engineering, façade, open space, landscaping, and irrigation plans. 2. Town staff approval of all thoroughfare locations, right-of-way dedications, easements, driveways, turn lanes, drive openings, median openings, sidewalks, and hike and bike trails. Prosper is a place where everyone matters. PLANNING Page 1 of 2 3. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Page 2 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 – March 17, 2015 Agenda Item: Consider and act upon a request for a Variance to the Subdivision Ordinance regarding Thoroughfare Screening along Windsong Parkway and Gee Road, for Windsong Ranch, Phases 1A, 1B, 1C, 3A-1, and 3B. (V15-0001). Description of Agenda Item: Windsong Ranch is a 2,100 acre master planned community located in west Prosper. At ultimate build-out the development could include up to 3,500 single family lots and 250 acres of mixed use/non-residential development, as well as an amenity program consisting of a variety of park types, multiple amenity centers, hike and bike trails, school sites, and Town facilities. The applicant is seeking a variance regarding the Subdivision Ordinance requirements for Thoroughfare Screening. A letter from the applicant detailing the basis for the request is attached for reference. In 2011, the Thoroughfare Screening section of the Subdivision Ordinance was amended in order to provide thoroughfare screening adjacent to all single family attached and detached residential developments siding and backing rights-of-way sixty feet (60’) or greater. Thoroughfare Screening is required to consist of ornamental metal fencing with masonry columns, meandering sidewalks, berming, and landscaping, in a twenty five foot (25’) landscape buffer/common area to be owned and maintained by a Homeowner’s Association (HOA). The twenty five foot (25’) buffer is required to be exclusive of all required streets and right-turn rights-of-way, drainage easements, and utility easements, unless otherwise approved by the Town Council. The applicant is requesting a Variance to allow for the encroachment of existing utility easements into the required twenty five foot (25’) landscape buffer in Windsong Ranch, Phases 1A, 1B, 1C, 3A-1, and 3B, as shown on the attached exhibit. At the time the plats for the various subdivisions were approved, there were no utility easement encroachments into the twenty five foot (25’) landscape buffer; however during the construction phase, CoServ Electric required utility easements in order to serve the development. Although there are utility easement encroachments into the required twenty five foot (25’) landscape buffer, all required landscaping has been provided in accordance with Town standards, and the landscaping is permitted by the terms of the utility easements, which allows for “landscaping that does not unreasonably restrict or prevent CoServ Electric from utilizing the easement property.” Details Prosper is a place where everyone matters. PLANNING Page 1 of 2 of the landscape buffer encroachments and the landscaping provided is depicted on the attached Variance Exhibit. The Subdivision Ordinance contains four (4) criteria to be considered by the Commission and Council in the case of a Variance request. 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land. The timing of CoServ Electric finalizing design of infrastructure necessary to serve the development is a special circumstance that affected the land involved. At this point, strict application of this provision would require substantial redesign of existing approved plans and existing subdivisions. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting of this variance is necessary for the preservation of a substantial property right of the applicant. 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injuries to other property in the area. Granting of this Variance will not be detrimental to public health, safety or welfare. 4. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the areas in accordance with the provisions of this Ordinance. Granting of this Variance will not have the effect of preventing the orderly subdivision of other land in the area. Attached Documents: 1. Thoroughfare Screening Variance Request Letter 2. Thoroughfare Screening Variance Exhibit Town Staff Recommendation: Town staff recommends the Planning & Zoning Commission approve the request for a Variance to the Subdivision Ordinance regarding Thoroughfare Screening along Windsong Parkway and Gee Road, for Windsong Ranch, Phases 1A, 1B, 1C, 3A-1, and 3B. Town Council Consideration and Action: Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s Development Schedule, consideration and action for this item would be scheduled for the Town Council at their Regular meeting on April 14, 2015. Page 2 of 2 765 Custer Road, Suite 100 • Plano, Texas 75075 • (972) 422-0077 • Fax (972) 422-0075 • TBPE Reg. No. F-2121 March 4, 2015 Mr. Alex Glushko Town of Prosper Planning 409 East First Street Prosper, Texas 75078 Re: Variance Request – Landscape Buffer Encroachment Windsong Ranch Phases 1A, 1B, 1C, 3A, and 3B Dear Mr. Glushko: During construction of the above-referenced projects, CoServ Electric finalized their design for electric infrastructure and requested various easements be added to the plats. These easements encroached on the proposed landscape buffers in four locations, which are detailed on the attached CoServ Easement Exhibit. The development team confirmed with CoServ that these easements would have no impact on our ability to install and maintain the approved landscape and hardscape improvements that were planned. The form of easement used to dedicate the easements clearly states that these improvements are considered “Permitted Improvements” (copy attached) and further, the engineering project manager for CoServ emphasized that the buffer could be utilized as planned. Given that the buffers would be owned and maintained by Terra Verde initially, and the homeowners’ association eventually, the easements were granted. The attached exhibit shows that the landscape and hardscape have been installed according to plan, and that the intent of the ordinance has not been compromised. As you know, Staff discovered this condition during the final review process for the Phase 3B plat and alerted the development team that this violated a condition of the subdivision ordinance stating that landscape buffers were to be unencumbered with utility easements. At this point, the plats for Phases 1A and 1B were already filed, and the infrastructure for Phases 3A and 3B were constructed. The design of Phase 1C was modified to provide a 40’ landscape buffer where lots back to Windsong Parkway, which allows for 25’ of unencumbered buffer. However, the single lot in Phase 1C that sides to Windsong Parkway also backs to an existing Phase 1B lot, and the design team felt that leaving this buffer at 25’ would provide a more consistent condition. The subdivision ordinance allows that any such encumbrance can be granted a variance by Town Council; the purpose of this application is to request this variance for the affected phases. As we have discussed, future phases will be designed to prevent this condition. Phase 4 has been modified to allow the full 25’ clear for landscape purposes. Should you have any questions, please do not hesitate to contact me. Sincerely, Spiars Engineering, Inc. Matthew M. Dorsett, P.E.