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10.21.2003 Town Council MinutesMinutes (approved 11111103) Planning and Development Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, October 21, 2003 7:00 p.m. To wr1 Of rrosper Call to Order 1 Roll Call. Mayor Niswanger called the meeting lo order at 7:02 p.m. Roll call was taken by the Town Secretary Council members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Dritschler, and Karie Dalton. Russell Kaker was absent. Staff members present: Town Administrator, Doug Mousel; Town Secretary, Shanae Jennings; Director of Planning, Doug Mousel; and Director of Public Works, Bill Little CONSENT AGENDA 2. Approval of 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 majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) a. Consider and act upon the approval of an interlocal agreement between the Town of Prosper, Collin County, and the North Texas Tollway Authority regarding the development of the Phase 4 Extension of the Dallas North Tollway. b. Consider and act upon the approval of a final plat of the Lakes of Prosper Phase 1, being 172 single-family lots on 65.7± acres on the north side of C.R. 4 (future Prosper Trail), 1,295+ feet east of C.R. 49 (future Dallas North Tollway). C. Consider and act to accept a Petition presented by Thomas Bull (A 2003-01), owner, and Skorburg Company, applicant, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School (Land Survey No. 12, Abstract Nm 147, Collin County, Texas, containing 61.7+ acres, being more generally located on the northwest comer of the Burlington Northem-Santa Fe Railroad and C.R. 4 (future Prosper Trail). d. Consider and act to accept a Petition presented by William H. Rasor (A 2003-02), and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land situated in the Spencer Graham Survey, Abstract No. 359, James Stone Survey, Abstract No. 467, and the I.C. lhlitliamson Survey, Abstract No. 948, Collin County, Texas, containing 645.426 acres, save and except the portion of the property tying east of a line one-half mile east of and parallel to the west boundary of the property and being more generally located at the northeast coaw of U.S. lflghway 380 and C.R 74. e. Conslder and ad to accept a Patition presented by William H. Rasor (A 2403-03), and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land situated In the Spencer Graham Survey, Abstract No. 359, James Stone Survey, Abstract No. 467, and the I.C. Williamson Survey, Abstract No. 948, CoWn County, Texas, ccntaining 6445.426 acres, save and except the portion of the property lying west of a line one4ialf mile east of and parallel to the west boundary of the property and Wing more generally located on the north side of the U.S. Highway 380, 2,644 feet east of C.R. 74. Doug Mousel suggested pulling agenda item (2a) in order for the adorney's office to review and modify the rerbage if necessary; however, the recommendation to accept the interlocal agmtimnt between the Town of Prosper, Collin County and Minutes, P&Z Town Council Meeting October 21, 2003 Page i of 6 the North Texas Tollway Authority will remain the same. Doug pointed out that Tollway authority representatives are present at the meeting to answer any questions the Council may have. There were no questions by the Council. Motioned by Mayor Pro -Tem Michael Perry, and seconded by Lisa Dritschler to pull agenda item 2a, subject to final verbage being approved by the Town Attorney. Motion approved 4-0. There was no additional discussion on the remaining consent agenda items. Motioned by Mayor Pro -Tem Michael Perry, and seconded by Lisa Dritschler to approve consent agenda items 2b, 2c, 2d and 2e. Additionally, Michael Perry wanted to include a stipulation on item 2b that staff recommended the approval of this consent agenda item. Motion passed 4-0. REGULAR AGENDA 3. Public Hearing: Zoning Case 403-1- Consider and act upon a request to rezone 61.7+ acres on the northwest comer of the Burlington Northern -Santa Fe Railroad and C.R. 4 (future Prosper Trail) from Single -Family -1 to Planned Development-Single-Famiiy62. Tabled 9116103. Mayor Charles Niswanger opened the public hearing at 7:06 p.m. Doug Mousel gave a brief background of zoning case #03-1, pointing out that it was tabled at the 9116/03 meeting so that the applicant could modify the request to lessen the density and include curvilinear streets, more open space, and an amenity center within the design of the proposed subdivision. The applicant has addressed these issues with the exceptlon that the density is riot consistent with Council's direction regarding density. Council requested lots with a minimum of 10,000 square feet, but consented to a 10 % variance. The applicant came back with a proposed ,plan that exceeds the 10 % variance requested. Lisa Dritschler was unable to do a count on how many 10,000 square foot lots were given, and how many 9,000 square foot lots 'existed because the drawing was vague. Doug Mousel stated it wasn't his intention for there to be specifics, but for the focus to be more heavily on the design of the plan. Doug Mousel opened up for a short presentation for the applicant. Applicant approached, (BNSF RR) — Ryan Betz and Dick Skorburg presented a revised plan. The revamped plan included 168 lots, 145 of which were 10,000 square feet or greater, and 23 which are between 9,000 and 10,000 square feet. Applicant stated that the variance now stands at 13.9°/x. Applicant maintained that they thought they could vary a little based on the last meeting, and this plan is a lot more attractive. They lost some density, but added some more variance. Lisa Dritschler expressed concern about property owners incurring drainage. Doug Mousel suggested concerns are not typically addressed until engineer plans are brought in. Mayor Pro Tem Michael Perry wanted to clarify that Prosper does not permit lot to lot drainage. Applicant said drainage can be accomplished. Mayor Niswanger suggested that the council table the item tonight, and recommended for the applicant to go back and put sizes on the lots. He likes this plan much better than anything they've seen before, but wants to see the new plan as drawn. Doug Mousel said they had prepared the plan and given exhibits to us, but he purposely did not include them because the annexation needs to catch up with the zoning, and Mr. Mousel wanted to table until that happens. At that time the staff will bring forward a detailed recommendation outlining density and other issues. The current outstanding issue is the need to get the land annexed first, and zoned _ , ug i_. ,l recommended that the council let applicant know if 10 % variance would be allowed or not. Minutes, P&Z Town Council Meeting October 21, 2003 Page 2 of 6 Mayor Niswanger reinforced that he would like to see a plat that shows lot sizes on each lot, and whatever else staff would like them to do between now and November 18, 2003. Council clarified they want the applicant to come back with 10,000 square foot lots period. Council wants to see only a 10% variance in lots between 9,000 and 10,000 square feet, which will allow for about 17 or 18 lots less than 10,000 square feet. Michael Perry reinforced that the Council would like to see lots as close to 10,000 square feet as possible. 10% of the lots can vary at a minimum of 9,000 sq. feet. Motioned by Lisa Dritschler and seconded by Kade Dalton to close the public hearing and table this item until the November 18, 2003 meeting, at which time the applicant will come back with new plans to present to the council to include no more than a 10% variance on lot sizes between 9,000 and 10,000 square feet, with the other 900% of the lots being 10,000 square feet or greater. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:30 p.m. 4. Public Hearing: Zoning Case 003.3 — Consider and act upon a request to rezone 42.4+ acres on the north side of C.R. 76,150+ feet west of Hidden Lake Drive from Single -Family -1 to Planned Development -Single -Family -2. Motioned by Lisa Dritschler and seconded by Karie Dalton to open the public hearing. Mayor Charles Niswanger opened the public hearing at 7:31 p.m. Motion approved 4-0. Doug Mousel provided background stating the property was annexed back in December of 2002, and was zoned into the town as Single -Family -1. This is a request to rezone 42.4+ acres on the north side of C.R. 78,150+ feet west of Hidden Lake Drive from Single -Family -1 to Planned Development -Single -Family -2. Doug Mousel and Town Engineer Travis Roberts met with applicant yesterday to resolve the following issues of concern: 1) Drainage — The concern is lot to lot drainage, high maintenance and potential impedance to future improvements on the lot. Applicant proposed to do a small concrete flume on the back of these lots, in a manner which would not impede drainage. The Engineer is supportive of this issue. 2) Thoroughfare screening — Exhibits indicate that screening would be rod iron fence and or landscaping. This will be more detailed on planned development standards. 3) Minimum dwelling area -- proposed by applicant at 1,800 square feet; however, the surrounding subdivisions either have development standards that require larger dwellings or are developed with homes greater than 1,800 square feet in size. 4) Planned Development Standards — The standards are structured so that they will be based on standards as they exist today, and the applicant has agreed to develop in accordance with the planned development standards as they exist today. If the minimum dwelling area can be changed to a minimum of 2,000 square feet then staff proposes approval of this item. Don Plunk, Developer with Henry S. Miller Development Company spoke to Council. He stated that they would agree to increase the minimum dwelling area to 2,000 square feet instead of 1,800 which would match the minimum square footage of those across the street from them. The concern is that south to north topography is such that in order to drain all the lots to the street in front of them would require a six to seven foot retaining wall on the rear of the southern facing lots. He said that as discussed with Mr. Roberts there would be two inlets along a public easement that would affect the water running against the rear of the lots, and the drainage would then run to the rear of the lots, along a concrete swell back to the end of the street Don Cardwell approached, 3632 County Road 413 Melissa, he is with Unlimited Construction Company. Don said they are restricted to 2,400 square feet in their ordinances, along with parking, garages, and out front exits. He thought there would be a blend from Sterling Properties 1,800 square foot minimum home size up to the 2,400 square foot home size. Minutes, P&Z Town Council Meeting October 21, 2003 Page 3 of 6 He is concerned because there is a good size investment from Unlimited Construction Company with the trust that certain changes would be made, and he doesn't believe someone will go in and build a 1,400 —1,600 square foot house, and at the same time he 'oesn't want set backs to occur. He is also concerned with the drainage ditch on the east side, who will maintain it and who is going to ,ay for it? Will the Town do this? He wants to stay with the concept of blending across with the square footage, so that as the homes ontinue to the east they will go from Steeple Chase and onward. Doug Mousel responded and said he gathered as much history as possible based on old minutes in order to offer guidance to this applicant. He thought zoning would have been accepted had they agreed to a 10,000 square foot minimum with 12,500 square foot along the eastern property front. In regards to drainage, Doug is aware of the need to accommodate drainage for this property and the property to the west. Doug met with Stuart Jackson, property owner on the west, and Mr. Jackson is aware applicants are here and willing to work with thlem on accommodation of the drainage issue. Lot to lot drainage issues were addressed by Doug and Travis through a discussion. It is Doug's desire to avoid lot to lot drainage at all cost, but there will be some issues where it is very difficult to avoid. Sometimes fences will impede them, sometimes drainage swells get in the way, but hopefully they can address those issues in some way. Ane Casady wanted to know if past planning and zoning minutes were read. Doug Mousel stated that he had read past requests to derive appropriate zoning. Jeff Grant, 1540 Gentle Way, Prosper, Texas approached to speak on background of Prospering Farms. He feels that water will be dumped into lots and that the phasing efforts will not happen the way things are being discussed. He noted that Prospering farms needs to be protected, it is a beautiful nverllake. He doesn't want more water blown through there. If Council is not careful to make sure lot sizes are large enough then they will have a massive problem. He feels water issues need to be resolved first, and that phase ;n needs to be addressed as a positive as these are extremely nice homes, and the 1/3 acre needs to be blended in. kne Casady asked if the drainage agreement was ever signed. Doug Mousel stated 4 was never signed and executed, but that the applicant has a requirement to detain runoff, and if they can work with Mr. Jackson to the west he will. Stuart Jackson of Dallas Texas approached. He is involved with the applicant. Drainage issues have been a problem and they are willing to work with the applicant. They like the proposed plan, and he believes this is phasing in. He proposed getting engineers { nii.n�M d' e.n nAAW 1 d .1 u.. 'd ;& ...If I, .b..a .s .:aw r..: n_L_ L .� u_ flu.. 109VU I w UKru ram air GLUIUoila1 ulaiiw%c . IFU Ile aaru n VVIN Ve wulnVU Out WIM !!avi3 �i LII--- —;I!L !!!L i.uv Mayor Niswanger asked who would be in charge of taking care of the retention ponds. Don Plunk said a mandatory homeowners association will do this. Melody Gesler, Engineer from Jones and Boyd addressed the council and said that drainage was not addressed properly when property was initially developed. Water was never handled originally and they will handle it by the swells that are being proposed. They will concrete line the swells so that people cannot landscape over it, and the homeowners associations will maintain them. She noted they cannot change water runoff, but can control it Randy Yarborough, owner of property approached Council. He said the water problem was there long before he bought the property and that 4 is not being channeled well. He spoke -to the City, Mr. Stenting, and Don Cardwell, and said Don told him if he would do some ponds trig enough to certain tFre water that it will slow water down going down stream. He feels they are sacrificing a lot of land in order to do this. Mary Beth Conner(Yarborough) spoke to Council. She said that once Mr. Yarborough bought the property they realized they had water Ifowing from all sides_ If nothing is done on the property, the water that flows off Steeple Chase to Prospering Farms will continue. She thinks Sterling properties have worked hand to work with the City. Unfortunately, because other developers have not come to terms mith the City they are discouraged. She would like affordable housing for young couples, not all of the half million dollar houses and Minutes, P&Z Town Council Meeting October 21, 2003 Page 4 of 6 up. She would like the City to allow some of the options that are being recommended so that something is being done, instead of nothing in order to control the water flow, Glenn Moore stated he just purchased a lot on the Lake at Steeplechase. He has concerns with the flumes stating they accelerate water, which will flood property down stream. Motioned by Michael Perry and seconded by Kade Dalton to close the public hearing. Motion carried 4-0. Mayor Niswanger closed the public hearing at 8:34 p.m. Mayor Pro Tem Perry commended the presentation and the tone of the presenter on this piece of property, and stated he appreciates their efforts. He believes this is the best presentation they have seen to this point and he is encouraged that the water problems can be addressed and fixed more clearly. Motioned by Michael Perry and seconded by Karie Dalton to table this item and revisit it at the November 11, 2003 Council meeting. Motion approved 4-0. 5. Consider and act upon the approval of a preliminary plat of the Chapel Hill, being 104 single-family lots on 42.4+ acres on the north side of C.R. 78,154+ feet west of Hidden lake Drive. Doug Mousel said that zoning hasn't been approved for this item but if the applicant will waive their rights to the 30 day rule on a preliminary plat then the council can move forward with consideration of the plat without taking action on the item. The applicant did waive their rights to the 30 day rule and no action was necessary to be taken by council. 6. Public Hearing: Varlance Request #03-i - Consider and act upon a request for a variance to the requirements for an accessory building and its exterior wall construction requirements at 303 S. Parvin Street, being one lot on 0.4+ acres on the northeast comer of First Street and S. Parvin Street. Doug Mousel explained that the applicant is proposing to construct a detached garage with living quarters adjacent to his home at 303 S. Parvin Street. The applicant is proposing to use wood or cement siding to match the home. However, the proposed land use and building materials are not permitted by the Zoning Ordinance. Motioned by Lisa Dritschler and seconded by Michael Perry to open the public hearing. Mayor Niswanger opened the public hearing at 8:46 p.m. Manle Dinkerman approached, he lives at 303 S. Parvin Street, Prosper, Texas He stated this is the oldest house in Prosper, built in Rockhill and moved here in 1904. Mr. Dinkerman is more than willing to work around the wood siding. Currently the house is built very sturdy. Mr. Dinkerman requested a variance to construct living quarters in conjunction with a detached garage, and the Zoning Ordinance does not authorize the Board of Adjustment to grant variances for land use. Doug Mousel said there is sense in amending the zoning ordinance based on this request, and expand parameters of the variances. The Town is now limited in scope in what we can give, and we might want to expand later, Mayor Niswanger said he didn't want the additional space to tum into an apartment to be rented out. The concern of the Council is that if someone else buys the house that a new person could tum the house into a multi family instead of a single family dwelling if this variance was allowed. Michael Perry said he doesn't think the Council has the authority to approve the variance tonight, and recommends denial with the idea that Council revisit the issue so that all parties concerned are happy. Minutes, P&Z Town Council Meeting October 21, 2003 Page 5 of 6 Motioned by Lisa Dritschier and seconded by Michael Perry to close the public hearing. Motion approved 4-0. Public Hearing was losed at 8:59 p.m. 4otiorled by Michael Perry and seconded by Ane Casady to deny and potentially initiate a public hearing to amend the zoning .rdinance regarding accessory dwelling structures. Motion approved 40. 7. Discuss and possibly direct Town Staff to place items on future agendas. 8. Adjourn, Motioned by Lisa Dritschler and seconded by Michael Perry to adjourn. Motion approved 4-0. Mayor Charles Niswanger adjourned the meeting at 9:01 p.m. Attest• v �! Shanae Jennings, Tv Secretary a es Niswan' r Minutes, P&Z Town Council Meeting October 21, 2003 Page 6 of 6