04.15.2003 Town Council MinutesMinutes (a proved 5/13103)
Regular Meeting of the Prosper Town Council
Planning, Zoning and Development Issues
601 S. Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, April 15, 2003, 7:00pm
1. Call to Orderfljoil Call,
Mayor Dunmire called the meeting to order, Councilmen present: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Larry Tracey and
Michael Perry. Charles Niswanger arrived at 8:41pm, and Russell Kaker arrived at 8:30pm. Also present: Town Administrator Jennifer
Finley and Town Secretary Amber Phillips. Jennifer introduced Doug Mouse! as the new Director of Planning.
2. Consider and possibly act to_authorize the publication for a ReQL est f r Staternent of Qualifications for a Town Ha61lPolice
+. ti n.
Motioned by Michael Perry and seconded by Jeff Walker to authorize the publication for a Request for Statement of Oualifications fnr a
Town Hall/Police Station. Motion carried. Vote 3 to 0.
3. _ a. Act to accent a petition presented by Norcan L.L.C. for the voluntary annexation of_app roxirnatelY
0,0808 acres of a 1,665 acre tract of land located in the William Butler Survey, Abstract No, 112, Prosier, Collin
Ckunt•,, Texas, and bein-g more generally located on the east side of Hays Road (CR77) south of Lonestar
tln& •ound, and to set dates for the _1" and 2i' Public_ hearings.
b.Act to accept a net! ion presented by Lonastar Underground, Inc. for the voluntary annexation of
cjt proximately 0.2067 acres of a_4 2972 acre tract of land located in the Wiliiarn Butler Survey. Abstract. No. 112.
Prosper, Catlin County, texas. and tieing nxore generally located on the east side of Hays Road i+CR773 south of
Prestonview Estates and to set dates for the 1't and 2"" public hearings.
Items 3_a. and 3.b. were tabled. No action taken.
4. Act to adopt Ordinance No. 03-35, changing the name of CR73 to Lovers' Larne,
Motioned by Michael Perry and seconded by Larry Tracey to adopt Ordinance Nos. 03-35, 03-33, 03-44 and 03-43. Items 4
through 7 acted on in one motion. Motion carried. Vote 3 to 0.
5. Act to adopt Ordinance No, 03-33, changing the name of C135 to Parvin Road.
Motion carried. See item 4.
6. Act to adopt Ordinance No. 03.44, changing the name of SH289 to Preston Road.
Motion carried. See item 4.
7. Act to adopt tJrdinance No. 03-43, chancting the name of BUS283_t_o_Coleman Street.
Motion carried. See item 4. In regards to items 4 through 7, Jennifer advised that the roads will not officially be renamed
until they are approved by Collin County Commissioner's Court.
8. Act to adop3t Ordinance No. 03-45-, establishing t€ie_rnaximurn weight limit of 18,000 lbs. per axle for CR81 from
SH289 east to Prosper's Town Limits a roxii-nate) '/2 mile .
Collin County requested the Town adopt a weight limit of 18,000 lbs. on CR81 for law enforcement purposes. The CbUn y
will purchase and post the signs. Motioned by Michael Perry and seconded by Jeff Walker to adopt Ordinance No. 03-45.
Motion carried. Vote 3 to 0.
9. Consider and act to cirint, variance reguest at 1101 Wheatland Rd., Lot 15 Block A of Amberwood Farms Phase
2, for the construction of a swinimina pool in the drainacie easement located at the rear of the property.
Jeff Walker spoke on behalf of the applicants, as they were his neighbors, and explained that if the applicants were to
construct the pool outside of the drainage easement, it would put it too close to the home. He had two concerns with
granting the variance. First, he felt there could �e potential liability factors on the behalf of the Town. Second, he felt it
could potentially bring about more variance requests of this nature.
Mayor Dunmire expressed concern with allowing the applicants to build in a ditch that had been engineered and designed
to keep water from flowing through property. He felt it could possibly impede upon the water drainage downstream. Doug
Mousel advised that most cities do not allow structures to be built in 100 -year flood plains, but he did not feel a pool would
be harmful. In regard$ to liability, Doug explained that Council could require a release from the owner; however, a release
would not likely transfer ownership if the applicants were to sell the property.
Bill Little recommended against the variance. In addition to the concerns of Council and Doug, he felt there was also
potential for flooding the septic system.
Jeff Walker recommended the applicant bring forth alternative plans such as fencing or decking in the drainage easement
rather than locating the pool in the easement.
Sally Holmberg, Prosper resident, stated that a Hold Harmless Agreement between the Town and the applicant would not
protect the Town against surrounding property owners that could have problems as a result of Council granting the
variance.
Mayor Dunmire recommended denial of the variance request as presented. He advised that Council would be willing to
reconsider the request if alternative plans were submitted.
Motioned by Larry Tracey and seconded by Michael Perry to deny the variance request based upon the recommendation
of the Building Inspector. Jeff Walker abstained. Motion carried. Vote 2 to 0.
10. Discuss and ossibly act on future direction of Master Plan.
Mayor Dunmire stated the "future direction of the Master Plan" would be a reoccurring agenda item for several weeks. In
addition to Mesa, Kathy Seei, Mango Network, was also a consultant who had been actively working on issues related to
the plan.
Kathy Seei presented Council. She explained that throughout their work with Prosper, Mango had compiled a great deal of
information regarding the Town's water situation as well as North Texas Municipal Water District (NTMWD). This
information was used to create a Water Model which they planned to donate to the Town.
Chris White, Mango Network, presented the Water Model to Council. He provided an overview of the modeling approach
and explained the benefits of using the modeling approach to forecast future water demand/usagelavailability. The model
could become an effective instrument for answering various "what -if" questions. The model could also be modified to make
more complicated financial decisions.
Chris explained that the Water Model verified that the Town was very much on target for many of the decisions surrounding
future water capabilities.
Mayor Dunmire felt the Model could be a helpful instrument for fast-growing cities such as Prosper.
11. Consider and act to accept the First Amendment to tate existin Devc to er's and Impact Fe Agreement
between the Town and Whispering Farms.
Mayor Dunmire explained that the Agreement was being reviewed by the Town Engineer and had not yet been finalized.
No action taken. Item tabled.
OOM
12. Consider and act to accent the Final Plat with Construction Plans for Whispering Farms Phase 1,
aivroximately 121.488 ggres co twining 73 residential lots and 2 commercial lots.
Michael Beatty, applicant representative, presented Council. The property is located on the south side of CR122 across
from the Gentle Creek Golf Club. The development will have a very low density with homes ranging from $350,000.00 to
$750,000.00. It will include an equestrian center for boarding horses which raised an issue because of the proposed mixed
use of trails (pedestrian/equestrian). He agreed to remove the horses from the trails system but advised that he might
possibly return at a future date and ask Council to reconsider.
Travis Roberts presented Council regarding the project. He explained that there were still several outstanding issues
surrounding the Developers Agreement, more specifically relating to parks, open space and trails.
Doug Mousel stated that he generally recommended plats be approved "without any s#rings attached".
Mayor Dunmire tabled"acceptance of the Final Plat with Construction Plans for Whispering Farms Phase 1 until April 22,
2003. No action taken. He requested the Parks & Recreation Committee provide Council with a report to help with the
execution of a Developer's Agreement.
13. Consider and ac# upon aggroval of the Civil gogstrUron Piansith Final Plat for Stone Creek Commercial, 2
commercial lots on 4.977 -acres.
Scott Caruthers, Dowdey Anderson, presented Council and requested approval of the final plat for the Stone Creek
Commercial development.
Travis Roberts recommended consideration of Council approval subject to the items listed in his letter dated April 8, 2003.
Doug Mousel had several concerns and requested Council either defer any action to the next meeting or approve the
project subject to final review by the planning department.
Phil Jobe, developer, agreed to place deed restrictions on the entire property and to request the approval of surrounding
property owners for the landscape. Doug stated the landscape would also be subject to staff approval.
Motioned by Michael Perry and seconded by Larry Tracey to approve the Civil Construction Plans with Final Plat for Stone
Creek Commercial, 2 commercial lots on 4.977 acres, subject to final review by the Planning Director. Charles Niswanger
abstained. Motion carried. Vote 4 to 0.
14. Discuss C nce t Kan for "Bull Tract". a proposed r si ntial d vel meet [or d n the north i e QR4 west
of the Burlington Northern r_a lrgad Irggk$.
Dick Skorburg, Skorburg Company, presented Council with a concept plan for 286 homes on 61.7 acres known as the "Bull
Tract" located on the north side of CR48 across from Hope Lumber.
Council agreed that the density was much higher than anything they would entertain. They advised Mr. Skorburg that
10,000 sq. ft. was the minimum lot size that they would allow.
No action taken
15. Adjourn.
Mayor Dunmire adjourned the meeting at 9:26pm.
Attest:
owri Secretary Amber Phillips
Mayor Ch @5 swanger