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10.15.2002 Town Council Minutes SpecialMinutes Approved 11112/02 U t. Special Called Meeting of the Prosper Town Council First Baptist Church Youth Building 601 S. Church St., Prosper, TX Tuesday, October 15, 2002, 7:00pm 1. Call to Orden Roll _Gall. Mayor Dunmire called the meeting to order. Those Present: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Larry Tracey. Charles Niswanger, Michael Perry and Russell Kaker. Also Present: Town Administrator Jennifer Finley and Town Secretary Amber Phillips. 2. Consideration and possible action upon rescinding Town Cogncil motion of October 8, 2Q02, Line B, awarding bid for construction of a 12" Water Line from the bare on Line A (along Crag Rd and under SH289) to the existing 12" lin a CR78. Mayor Dunmire explained that a bid was awarded on October 8, 2002, for Line B (from the bore on Line A to the existing 12" line at CR78) and Line C (connecting the existing 12" lines together along CR77). Line A (from the school along Craig Rd. and under SH289) was not awarded. The Mayor advised that the school had stated that they were no longer interested in sharing the cost of Line A, and Line B would be tied into Line A if constructed; therefore, if Line B were to be constructed, it was indefinite as to when it would be tied into another line. According to the School's engineers and the Town's testing, Line A is not required to meet water pressure standards. Mayor Dunmire recommended Council rescind their motion to award the bid for Line B for the sole purpose that the line is not needed at this time. He explained that their intent was in no way to re -bid the project. Motioned by Michael Perry and seconded by Larry Tracey to rescind Town Council's motion of October 8, 2042, Line B, awarding bid for construction of a 12" Water Line from the bore on Line A (along Craig Rd. and under SH289) to the existing 12" line at CR78. Motion carried. Vote 5 to 0. 3. Consideration and possible action to approve a request presented by the Prosper Independgnt_Schaol Di5tr (PISD for a variance frorn Prosper's Comprehensive Zoning Ordinance No. 84-ifi, Section 3A, Subsection 1.9.1 [Exterior Wailsl. authorizing the use of walls partially composed of metal materials for a new field house and pr a#ice facility. The subiect property is located east of BUS289 on the current it of the Pr er Hi h S howl in Pr s er T x Motioned by Charles Niswanger and seconded by Jeff Walker to approve Resolution No. 02-35, granting a variance to the Prosper Independent School District from Ordinance No. 84-16, Section 3A, Subsection 1.9.1 (l=xterior Wails), authorizing the use of walls partially composed of metal materials for the new field house and practice facility to be located east of BUS289 an the current site of the Prosper High School. Michael Perry abstained. Larry Tracey opposed. Motion carried. Vote 3 to 1. 4. Cansideratian and possible action on the acceptance of a Zoning Application presented by Ted gilbert of the First Stat Bank of Celina for property containing approximately 4 cres of land locat d in the John R. Tunney Survey, Abstract No. 916better described as being located adiacent to the intersection of SH289 and Hays Road. Bob McKnight, CFO of the First State Bank of Celina, presented Council requesting a zoning change from Agriculture to Office District. He explained that they do not anticipate any other businesses besides their bank branch at this location because of the limited amount of space (4 acres). Current plans are to have one entrance to the building, but engineers are in the process of preparing traffic studies to look further into it. He explained that he is on the Collin County Open Spaces Grant Committee and would like to eventually work with them to make part of the property an open green space, possibly with longhom statues, etc. on the narrow 1 -acre portion of the property. It will be difficult to build anything on that one -acre portion due to the shape of the property and the setback requirements. Mr. McKnight explained that they would like to put a temporary facility on the property with 2 drive-through units until construction is completed on the permanent structure. The temporary facility wilt only be in place for 18 to 24 months. He explained that they did the same thing when constructing their Collinsville branch, and it worked very smoothly. He advised that they would be willing to brick the front of the temporary facility if required. Motioned by Larry Tracey and seconded by Charles Niswanger to accept the Zoning Application presented by Ted Gilbert of the First State Bank of Celina for property containing approximately 4 acres of land located in the John R. Tunney Survey, Abstract No. 916, better described as being located adjacent to the intersection of SH289 and Hays Road. Motion carried. Vote 5 to 0. 5. Action on adoption of Ordinance No 02-44 setting the Date Time and Place for a Public Hearing on the proposed zoning of approximately 4 acres of land located in the John R Tunnev Survey, Abstract No. 916, better known as being located adjacent to the intersection of 51-1289 and Hays Road. Motioned by Larry Tracey and seconded by Jeff Walker to adopt Ordinance No. 42-44, setting the date, time and place for a public hearing on the proposed zoning as November 12, 2002, at 7:00pm, in the Youth Building of the Prosper First Baptist Church, 601 S. Church Street. Motion carried. Vote 5 to 0. 6. Bill Gurley Discussion on the re platting of the property known as Collin Lounty School Land Suzy A stra t No. 147, containin 1.523 acres of land more or less better described as her2ooperty at the southwest corner of B. First Street and S. Craig Road. Bill Gurley presented Council and advised that he believes the properly falls within the category of Singe Family -3 (SF3). He proposed the property be re -platted into four (4) 14,285 sq. ft. lots. Jennifer Finley explained that Mr. Gurley originally presented the Planning & Zoning Commission with a proposal to re -plat into five (5) lots, but the Commission 1 Family-3 (SF3). He proposed the property be re-platted into four (4) 14,285 sq. ft. lots. Jennifer Finley explained that Mr. Gurley originally presented the Planning & Zoning Commission with a proposal to re-plat into five (5) lots, but the Commission recommended Mr. Gurley change it to four lots. The lots are 75 ft. wide and 190 ft. deep. The homes will be approximately 1500 sq. ft. homes with front entries from Craig Street. The homes will meet the zoning ordinance requirements which call for a minimum of 85% masonry. Janet Phillips, 1223 Chandler Circle, explained that she had been present at the Planning & Zoning Meeting where they discussed the possibility of creating an island with one street that goes onto Craig Rd. to eliminate some of the traffic. Jeff Walker stated that he did not lika tha concept and did not agree with four lots and the traffic that it will create. Mavor Dunmire asked Mr. Gurley if he would entertain a rear-entry alley coming out onto First Street. Mr. Gurley was agreeable to that concept. Jeff Walker agreed with that solution as well. Charles Niswanger questioned the possibility of facing two homes towards Craig Rd. and two towards First Street. Jeff Walker advised that he did not want to see any drives coming out onto Craig Rd. Mr. Gurley advised that he would like to run the re-platting process concurrently with rezoning the property. Council agreed but advised that zoning must be approved prior to plat approval. Mayor Dunmire explained that a public hearing on proposed commercial zoning was previously held on this tract, and the public clearly stated that they were against commercial zoning at this location but would be agreeable to residential. Jeff Walker recommended Mr. Gurley come back to Council with a zoning application and a plat. Charles Niswanger asked that he bring back a plat drawing with a rear-entry alley off of First Street and photos of the type of homes that he proposed to build on the property. Larry Tracey invited Mr. Gurley to meet with him to discuss various options. Mr. Gurley agreed. No action taken. 7, Dave Williams — Discussion on the nossi le develo mend t of therp operty known as Whispering Farms, located on CFS 122 in Prosper, Texas. Dave Williams was not present. Item tabled. No action taken. 8. C nsi eration an si i ctio on the acceptanggof the Petition orgs n ed by Johnhrist for the Rroposed a nexati n of a roximatel 187.03 more -less. f h Collin County5 1 Lan Abstract 147 and being more generally located on CR 4. John Christie, 1700 Red Bud Drive, McKinney, TX, presented Council raniiPctinn arrpntance of the annexation petition. Bill Anderson, Dowdy Anderson Engineer, presented Council with a plat of the general overview of the property which is currently a cotton field without many trees. The development will include an entrance that drives into the amenities center. There is a creek that they plan to tum into a lake with fountains to provide character to the development. The proposed planned development will have approximately 540 units, a homeowners association and several pocket parks. He provided Council with a drawing of the proposed dynamic entrance, berms, etc. and explained that it was along the magnitude of Highland Meadows. They have already begun working with. Town Engineer Travis Roberts on the entrance. It will be a multi-phase project, possibly four phases, which will have two entrances at all times. Halt of the lots are 10,000 sq. ft. and half are 9,000 sq. ft. A major portion of the property will be open space. Mr. Anderson asked Council to consider allowing them to reduce the lot sizes, and in exchange they would donate that land back to the Town as open space. They would like to include a trail system built around the amenities center. He advised that they hope to have a large variety of builders to keep all of the homes from looking alike. The total build-out is proposed for six years. The lots will have a 65 ft. lot width minimum and 140 sq. ft. depth minimum. They hope to have a good mix of products and lot sizes. The price point for the homes will most likely be $150,000 to $200,000. He stated that it would be at least one-year before a model home is built. Charles Niswanger expressed concern with parking in relation to the narrow lots, as he felt that it would result in residents parking on the streets. Bill Anderson explained that he has never seen a parking issue with these lot sizes, widths, depths, etc. He advised that they are similar to the neighborhood that he lives in as well as several other developments that he has worked on, and he has never seen a problem with parking on the streets. Bill Anderson explained that they had been working with the Town Engineer and felt that they are drawing very close to a solution with some of the infrastructure problems. The developer has offered to bring forth a sum of money to help with funding the sewer plant expansion project. John Christie explained that they are working on crossing arms for the railroad and believe CR4 will eventually be a four lane road. Steve Goodman stated that they would like to run the annexation concurrently with the zoning. Motioned by Russell Kaker and seconded by Michael Perry to accept the Petition presented by John Christie for the proposed annexation of approximately 187.03 acres of land, more or less, out of the Collin County School Land Survey, Abstract No. 147, and being more generally located on CR 4. Motion carried. Vote 5 to 0. 9. Consideration ang possiblp,i the a n f A li a n d Christie for the r used Zoning of approximately 187 03 acres of I@nd more or less out of the Collin County School Land Survey. Abstract No. 147 and being mgre generally located on CR 4 Motioned by Russell Kaker and seconded by Larry Tracey to accept the Application presented by John Christie for the rezoning of the proposed property. Motion carried. Vote 5 to 0. Action on adoption of Ordinangg No. 02-45in h Date, Timp and Place for 2 Public ri n the propo Annexation of apUr ximately 187.03r land located In hg gollin-County 5chool Lang Survoy, Abstract No. 147 n 2 f' r tty« beina more generally located ori CR 4 Motioned by Russell Kaker and seconded by Jeff Walker to adopt Ordinance No. 02-�5,� setting the date, time and place for 2 public hearings on the proposed annexation as November 12, 2002, and November 19, 2002, at 7:00pm in the Youth Building of the Prosper First Baptist Church, 601 S. Church Street. Motion carried. Vote 5 to 0. 11 Action on adoption of Ordinance No. 02.-48 setting the Date Time and Place for a Public Hearing on the nro>,osed Zoning fapproximatelyr i — h9ing more generally located on GR 4 Motioned by Russell Kaker and seconded by Lang Tracey to adopt Ordinance No. 02-46, setting the date, time and place for a public hearing on the proposed zoning as November 19, 2002, at 7:00pm, in the Youth Building of the Prosper First Baptist Church, 601 S. Church Street. Motion carried. Vote 5 to 0. 12. Wayne Yarboroughv Yar on CR 78= Skip Kleinfelter, applicant representative, presented Council and explained that the annexation petition was accepted by Council on October 8, 2002. He had requested to be placed on the agenda at this time to discuss the proposed development and zoning. He explained that he was agreeable to 10,000 sq. ft. tots and would be presenting Council with the zoning application very soon. The proposed development will have 107 lots. He advised that he and Mr. Yarbrough had been working with the neighboring property owner, Sterling Properties, on a drainage agreement. Mayor Dunmire advised Mr. Klinefelter that the proposal is in-line with Council's expectations for the property. Mr. Klinefelter explained that the proposed development will have 2 water features, and they plan to do everything possible to prevent cutting down any trees. The development will also include a walking trail. He advised Council that the development will have two entries and is not intended to be a gated community. Travis Roberts advised that they should keep the entries either close enough together or far enough apart for a proper median break. Mayor Dunmire recommended Mr. Klinefelter submit the zoning application to Council. Provided it is submitted to staff before the agenda deadline, it will be placed on the November 12th agenda for acceptance. No action taken. 3gonsideration and possible action ons1cceotance f rna!X.-Plat fgr the c2Mmercial dgyeloornent 2f the Uroperty r,i ils 1. Slopk Q. containing approximatel 4.97Z5 acres of land and being More generally loco noElhwest Corner of SH289 and FM1193, Daniel Heischman, applicant representative, presented Council with a request to plat the commercial property into 7 lots. Examples of the types of establishments that they hope to have include "mom and pop" restaurant, office space, etc. They previously met with Travis Roberts as well as TXDOT. Phil Jobe, property owner, addressed Council and explained that they would like to make it possible for people to enter their center without having to get on Preston Road. Mayor Dunmire reminded Council that TXDOT will be installing a red light at SH289 and FM1193 within the next year. The light will be 'installed before the development is built. Daniel Heischman advised that TXDOT will not require a deceleration lane turning into the development. Mayor Dunmire stated that he was not in opposition to the development; however, he would like to see a deceleration lane. Town Engineer Travis Roberts referenced his recommendation letter and stated that they had already experienced some complaints regarding drainage issues from property owners down stream. He further advised that he would like to see a circulating traffic system. He explained that TXDOT does not typically allow developments to take on projects for State maintained highways but would like to meet with Bill Lovill, TXDOT representative, regarding such a possibility. They previously requested the property have a mutual ingress/egress. He also pointed out several items that would be addressed in the final plat and advised that he did not foresee any infrastructure issues. The property is included in the Stone Creek Planned Development Agreement and will require that they conform to the permitted uses listed in the agreement. Mr.Jobe explained that he has already been working with Fire Chief Tucker on the turn around and drives. Jeff Walker stated that he would like to see open green space. Mr. Jobe explained that the steep slope behind the commercial site could create some serious safety issues if they were to create open space behind the buildings. Mr. Walker asked about a walking trail from Stone Creek to the development. Mr. Jobe stated that would not work because of a wall and fence on the property line and because of a TXDOT right-of way; however, there will be a perimeter sidewalk around the buildings. Mr, Jobe explained that the buildings will be single-story and 100% masonry. They will have a very residential look with front porches across the entire front, residential windows and most likely metal roofs. Motioned by Larry Tracey and seconded by Charles Niswanger to accept the Preliminary Plat for the commercial development of the properly described as Collin County School Land Survey, Abstract No. 147, Lot 1, Block C, containing approximately 4.9775 acres of land, and being more generally located at the northwest corner of SH289 andFM1193. Motion carried. Vote 5 to 0. 14. Consideration and possible action on acceptance of the Final Plat for Will wridae Phasg IL located in the Edward Bradley e A r n Jameson Sury2y,N!2. 4n ini xi 43.,7g-2 acres of laird, Town Engineer Travis Roberts presented Council and referenced several items that he had listed in his recommendation letter. He noted that the property backs up to an old TP&L right-of-way which could be utilized as part of a trail system in the future. No screening walls are required on this particular plan. Phase II will contain a total of 101 lots. A lake system was included to help handle the drainage. The development will also have a community swimming pool. 3 r. 06iL-.8 Mr. Jobe explained that 2.2 acres had been dedicated as park land, and the development will include a trail system. Mayor Dunmire advised that meets the 5% park land criteria required in the Subdivision Ordinance. Mr. Jobe stated there will be off-street parking for park visitors. Motion by Larry Tracey and seconded by Russell Kaker to accept the Final Plat for Willow Ridge Phase II. Charles Niswanger abstained. Motion carried. Vote 4 to 0. Mayor stated that ac a nnint of racnrd thev will need to finalize the Developers Agreement with Steve Folsom. 15 Pcihlic Hearing to considgfvariance aliowi.pg the par] f a second dwelling1 roe of personal 1'n Green AdditioI3,Lot 9. Block A 10§!Qolfin Green. Mayor Dunmire opened the public hearing at 7:02pm. Bruce Bellows presented Council requesting a variance to build a granny -flat for his mother-in-law to reside. He explained that there are several homes with detached barns throughout the Collin Green subdivision. It will be approximately 600 sq. ft, or less with 100% masonry exterior. They obtained signatures from 213 of their neighbors agreeing to the granny flat. Charles Niswanger asked if they would be inclined to rent it in the event that his mother-in-law passes. Mrs. Bellows advised they would never be inclined to rent it out. Mayor Dunmire advised the variance language specifies solely for personal use and prohibits it to be used as rental property. No one present to speak against the variance request. Mayor Dunmire closed the public hearing at 7:09pm. 16, Consideratign and possiblen San adoption i secondw li lel r r i A 108 Collin Green. Motioned by Larry Tracey and seconded by Russell Kaker to adopt Ordinance No. 02-40, granting a variance for the construction of a second dwelling solely for the purpose of personal use, for the property described as Collin Green Addition, Lot 9, Block A, 108 Collin Green. Motion carried. Vote 5 to 0. 17, Adjourn. Mayor Dunmire adjourned the meeting at 9:55pm. Mayor Jim dunmire 4 1� •fit .Z; ` ''el Town Secretary Amber Phillips El