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05.20.2014 P&Z Minutesi TOWN OF PR.- SPER Prosper is a place where everyone matters. 1. Call to Order / Roll Call. The meeting was called to order at 6:01 p.m. Roll call taken by Alex Glushko, Senior Planner. MINUTES Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, May 20, 2014, 6:00 p.m. Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Rick Turner, Craig Moody, Bill Senkel and Chris Keith. Staff present included: Hulon Webb, Executive Director of Development & Community Services; Chris Copple, Director of Development Services; and Alex Glushko, Senior Planner. 2. Recitation of the Pledge of Allegiance. CONSENT AGENDA 3a. Consider and act upon minutes from the following Planning & Zoning Commission meeting: * May 7, 2014 Regular Meeting 3b. Consider and act upon a preliminary plat for Preserve at Doe Creek, being 121 single family residential lots on 47.6f acres, located on the south side of Fishtrap Road, 1,400f feet east of F.M. 1385. The property is zoned Agricultural (A). (D14-0018). Motioned by Moody, seconded by Turner to approve the consent agenda subject to staffs recommendations. Motion approved 6-0 at 6:02 p.m. REGULAR AGENDA 4. Conduct a Public Hearing, and consider and act upon an amendment to the Town's Future Land Use Plan. (CA14-0001). Summary Copple: Described the agenda item, explained the relationship with Item 5 on the agenda regarding the rezoning request for the northeast corner of Preston Road and Prosper Trail, and recommended consideration. Discussion with Staff McClung: Inquired about the basis for this item and asked if the Planning & Zoning Commission should be recommending approval of this item. Page 1 of 9 Copple: Stated that the Town Council directed Town staff to initiate an amendment to the Future Land Use Plan (FLUP) at their May 13, 2014 meeting. Motioned by Keith, seconded by Turner to open the public hearing. Motion passed 6-0 at 6:05 p.m. Public Hearing Discussion Chris Kern (Willow Ridge Resident): Spoke in opposition to the item, stating that development within existing commercial zoning should occur prior to consideration of a change to the FLUP. John Harris (Prosper Town Center Developer): Spoke in opposition to the item, stating that during the Comprehensive Plan adoption process this area was indicated as a low density residential land use, and that it was determined that the existing retail zoning is adequate for a Town the size of Prosper. Provided demographic information regarding the size of the Town, density, and amount of commercially zoned property, as compared to surrounding communities. Stated that the availability of existing commercially zoned sites that currently allow the proposed use by right is an additional reason for his opposition. McClung: Inquired if a grocer would be a possibility at the Prosper Town Center development John Harris: Indicated that he is in contact with several grocers and believe it is a good possibility. Stated that Prosper is currently in a position to choose which retailer/grocer can come to the Town. Steve Nelson (Chandler Circle Resident): Spoke in opposition to the item. Inquired about the number of people notified and the criteria for the notification required by State law. Mike Bennett (Chandler Circle Resident): Spoke in opposition to the item, stating that there is currently adequate access to retailers/grocers. Scott Fischer (Chandler Circle Resident): Spoke in opposition to the item, stating that there is adequate access to retailers/grocers, and that there are currently sites that allow for commercial uses. Expressed concerns regarding noise and lighting of commercial development. Stephen Goss (Chandler Circle Resident): Spoke in opposition to the item, stating that it is not desirable to have commercial development close to residential development, and stated that commercial development is inevitable, but it needs to be managed appropriately. Expressed concerns regarding noise and lighting of commercial development. Rex Norris (Chandler Circle Resident): Spoke in opposition to the item, stating concerns regarding the noise associated with commercial and roadway development. Eric Berlin (Retail Developer): Spoke in opposition to the item, stating concern that arbitrarily changing the FLUP would set a dangerous precedent. Invited the developer to consider other sites with existing commercial zoning entitlements, and noted that if this item were to be denied a grocery store would inevitably relocate to another site with existing commercial zoning entitlements. McClung: Asked the developer why the development needs to be on this particular site. Donald Silverman (Applicant for Item 5): Indicated his experience developing various commercial projects, stated that choosing site location is complex and involves a significant amount of analysis. Stated a general preference with having a blank slate to develop, as opposed to sites with limitations or existing conditions, which provides the ability to develop with more control and more successfully. Page 2 of 9 Audience: Questioned what type of Kroger this intended to be. Silverman: Indicated the plan is for a 120,000 square foot Kroger Marketplace. Motioned by Turner, seconded by Keith to close the public hearing. Motion passed 6-0 at 6:33 p.m. Commission Discussion DeMattia: Inquired about the Comprehensive Plan adoption process. Copple: Recapped the Comprehensive Plan adoption process and the approval date. DeMattia: Inquired about the Comprehensive Plan amendment process. Moody: Stated that during the Comprehensive Plan adoption process there was a lot of discussion regarding retail acreage within the Town and that changing the Plan after all of that discussion and consideration would be difficult. Keith: Inquired as to whether or not this was the first amendment proposed for the Comprehensive Plan. Copple: Stated that this would be the first amendment since adoption of the current Comprehensive Plan, McClung: Stated that the amount of retail indicated in the Comprehensive Plan is a guide, and that this amendment would not significantly increase the overall percentage of retail in the Town. Indicated that the Comprehensive Plan recommends a high -end grocer, and that to date there has not been any another request for a grocer. Senkel: Stated that recent development applications have been zoned and development in accordance with the Comprehensive Plan, and expressed concern with changing the Plan, and indicated a desire to be careful with this decision. Turner: Stated that the Comprehensive Plan is a guide and that it must be considered in the face of actual development. Inquired if the Town Council's expectation was for the Planning and Zoning Commission to recommend changing it. McClung: Stated that this request is relatively recent and inquired about the best way to gain citizen feedback and input. Stated that thinking about this and tabling is only beneficial if new information or citizen feedback and input is able to be acquired. DeMattia: Stated that this is a significant decision for the Town and may warrant some additional consideration and feedback and input from the citizens or Comprehensive Plan Advisory Committee (CPAC). Moody: Stated that due to the amount of existing commercial zoning available for retail, and because the Comprehensive Plan is still so new after a long term adoption process, that it would be difficult to approve this, unless significant information is able to be gained. McClung: Stated the proposed amendment is not specific with regard to the size of the change from residential to retail, and recommended defining an acreage. Page 3 of 9 Copple: Explained the relationship between the FLUP and the Zoning Map. Motioned by McClung, seconded by Turner to approve an amendment to the Town's Future Land Use Plan. Motion failed by a vote of 3-3 at 6:54 p.m. Commissioners voting in opposition; DeMattia, Moody, and Senkel. DeMattia reiterated the significance of this decision and requested feedback and input from the CPAC. Moody reiterated his comfort with the existing FLUP after a diligent Comprehensive Plan adoption process. Senkel stated that he is not generally in support of tabling items, but recognized the significance of this item, and recommended tabling. Ray Lawrence (Chandler Circle Resident): Inquired if there was a contract pending on the property, and expressed a perceived connection between several developers and property owners in the Town. Motioned by Moody to deny an amendment to the Town's Future Land Use Plan. Motion failed due to a lack of a second at 7:03 p.m. P&Z Commission: Discussed if feedback needed for this item should be broad in nature or specific to this site. DeMattia: Recommended a work session with the CPAC members. Motioned by Keith, seconded by Senkel to table an amendment to the Town's Future Land Use Plan to the June 3, 2014 Planning and Zoning Commission meeting. Motion passed 4-2 at 7:07 p.m. Commissioners voting in opposition; Turner and Moody. Turner indicated concerns with the amount of feedback that would be able to be gained prior to the next meeting. 5. Conduct a Public Hearing, and consider and act upon a request to rezone 33.2f acres, located on the northeast corner of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to Planned Development -Retail (PD-R). (Z14-0007). Summary Copple: Summarized the surrounding properties and the rezoning request, including permitted uses, outdoor sales and display, convenience store with gas pumps, building materials, landscape along Preston Road and Prosper Trail, internal landscape setbacks, and lot frontage. Explained that staff has currently received 6 public hearing notice reply forms in opposition to the request. Noted Town staff has provided two recommendations, dependent upon approval or denial of the FLUP amendment. Discussion with Staff McClung: Inquired about the convenience store with gas pumps provision of the proposed PD. Keith: Inquired about Quik Brick indicated in the proposed PD. Moody: Inquired about the landscape setback and lot frontage provisions of the proposed PD. Turner: Inquired about gas pump location provision of the Zoning Ordinance. Copple: Addressing McClung, explained the convenience store with gas pumps provisions, noting that the existing Exxon gas station was developed prior to the current Zoning Ordinance adoption. Addressing Keith, explained the Quik Brick material. Addressing Moody, explained the landscape setback and lot frontage provisions. Addressing Turner, explained the gas pump location provision. Page 4 of 9 Motioned by Keith, seconded by McClung to open the public hearing. Motion passed 6-0 at 7:20 p.m. Public Hearing- Discussion Donald Silverman (Applicant): Provided a presentation regarding the proposed development. DeMattia: Inquired about building materials and if a retail market study had been conducted. Silverman: Indicated that the analysis and market research conducted by Kroger was adequate for the purposes of determining an appropriate location for this development, and that a retail market study had not been conducted. Danielle Deyarmin (Kroger Representative): Provided a presentation regarding the proposed grocery store. McClung: Inquired about the difference between a Marketplace and a Signature Kroger. Deyarmin: Informed that Signature Kroger's are generally smaller and provide less retail options. DeMattia: Inquired about development schedule of the two Krogers on the agenda, the one on Preston Road and the other on U.S. 380, if Kroger is a market competitor with Walmart, and if Kroger leases or purchases property. Deyarmin: Informed that the Kroger on Preston Road is scheduled for 2016, while the Kroger on U.S. 380 is scheduled for 2017, that they do compete with Walmart, and that they will purchase the property. Mike Bennett (Chandler Circle Resident): Inquired about the effects of a grocery store on property value. Silverman: Informed that there is very little impact on property values, and that in certain cases home values go up. Commented on the landscaping and lighting proposed by the development, and indicated that there will be minimal impacts on the neighboring properties. Audience: Inquired about the screening wall proposed, expressed concerns regarding traffic, lighting and noise associated with the development. Silverman: Informed that the screening wall provides a barrier between the proposed development and neighboring properties. Offered to meet with residents to work toward solutions needed to mitigate the impacts of the proposed development. Copple: Explained the Town's requirements for traffic impact analysis, lighting, sidewalks, landscaping, and masonry walls. Leonard Biemer (Chandler Circle Resident): Inquired about lighting, hours of operation, building orientation, elevation, traffic, and permitted uses associated with the development. Expressed concerns with late night uses causing added traffic, noise, and light. Silverman: Explained methods used to keep light glare to a minimum, stated that the store is not operational 24 hours a day, that the building orientation is set, and that the development would likely be at a lower elevation than the existing perimeter roadways. Page 5 of 9 Rob Fegley (Chandler Circle Resident): Expressed concerns regarding the loading docks and inquired if additional berms and landscaping could be provided, and inquired about Prosper Trail. Copple: Explained Prosper Trail ultimate roadway profile per the Thoroughfare Plan. John Harris (Prosper Town Center Developer): Spoke in opposition to the item, stating that there is an adequate amount of retail zoned property currently in the Town. Stated that he did not consider this to be an urgent matter and that consideration should be taken. Expressed concern that future high quality residential development nearby would be negatively impacted by strip, pad retail. McClung: Inquired if the recommendations outlined in the staff report were agreeable to the developer. Silverman: Stated that they were agreeable to the traffic impact analysis recommendation, and explained the access and circulation of the development. Stated that they were agreeable to the landscaping recommendations, and that they are requesting to cluster trees to allow for the opportunity to create a small park within the site. Stated that they were not agreeable to incorporating added stone on the rear of the building, stating that the added stone will be screened by the proposed landscaping and will not be visible. Motioned by Keith, seconded by Turner to close the public hearing. Motion passed 6-0 at 8:26 p.m. Commissioner Discussion Moody: Explained that he liked the look of the building, but has concerns with the strip pad retail layout, and lack of conformance to the Comprehensive Plan. Turner: Expressed concern with number of pad sites and proximity to residential development. Acknowledged that Kroger has conducted an adequate analysis and trusts this is a good location. Stated he is agreeable to 99% Quik Brik, but prefers to see various colors used. Expressed a desire to see steps taken to mitigate impact on surrounding area. McClung: Expressed support, but would like to see all of staff's recommendations incorporated into the development. Expressed concerns that the proposed development is not in line with the FLUP and stated that he cannot support this item until Item 4 has been resolved. Senkel: Informed that many citizens desire a grocer, but has concerns with the nonconformance to the FLUP, stated that there are too many pad sites, and would like to see the adjacent residential layout to see if it corresponds. Keith: Expressed desire to work this case along with the Comprehensive Plan amendment, and reducing the number of pad sites, as it seems to produces a strip center that is not desired by the Comprehensive Plan. Motioned by Turner, seconded by Keith to table the request to rezone 33.2f acres, located on the northeast corner of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to Planned Development -Retail (PD-R), to the June 3, 2014 Planning and Zoning Commission meeting. Motion passed 6-0 at 8:35 p.m. 6. Conduct a Public Hearing, and consider and act upon a request to amend 46.6f acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and U.S. 380. (Z14-0010). Page 6 of 9 Summary Copple: Described the surrounding properties and the requested rezoning including, permitted uses, outdoor sales, convenience stores with gas pumps, building materials, and lot frontage. Recommended approval subject to the conditions listed in the staff report. Discussion with Staff McClung: Inquired about the building materials provision in the proposed PD. Moody: Inquired about the mixed -use district of PD-40. Copple: Addressing McClung, explained the building materials provision. Addressing Moody, indicated the location of the development within the context of the existing zoning. Motioned by Turner, seconded by Moody to open the public hearing. Motion passed 6-0 at 8:52 p.m. Public Hearine Discussion Robert Dorazil (Applicant): Provided a presentation regarding the proposed development. McClung: Indicated that there are some permitted uses that may not be appropriate for the development and inquired if the applicant was willing to exclude the following uses: Athletic Stadium or Field, Private, Athletic Stadium or Field, Public, Bed and Breakfast Inn, Civic/Convention Center, and Farm, Ranch, Stable, Garden, or Orchard. Dorazil: Agreed to exclude the stated items from the list of permitted uses. Motioned by Turner, seconded by Keith to close the public hearing. Motion passed 6-0 at 9:03 p.m. Commission Discussion Keith: Voiced support for the proposed rezoning request. Inquired about the visibility of the rooftop mechanical equipment without a parapet wall being shown on the proposed elevations. Senkel: Voiced support for the proposed rezoning request. McClung: Inquired about a screening wall along the north side of the property. Matt Lucas (Applicant): Indicated that the screening would be addressed through the site plan process and that a solid living screen in lieu of a masonry wall will likely be pursued. Turner: Voiced support for the proposed rezoning request. Indicated concern regarding the architectural material. Moody: Voiced support for the proposed rezoning request. Indicated concern regarding the architectural material. Motioned by Turner, seconded by Senkel to approve a request to amend 46.6f acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and U.S. 380, subject to the following uses being removed from the list of permitted uses on Exhibit C: Athletic Stadium or Field, Private, Athletic Stadium or Field, Public, Bed and Breakfast Inn, Civic/Convention Center, and Farm, Ranch, Stable, Garden, or Orchard. Motion passed 6-0 at 9:13 p.m. Page 7 of 9 7. Conduct a Public Hearing, and consider and act upon a request to rezone 80.7f acres, located on the southeast corner of Dallas Parkway and Frontier Parkway, from Single Family-15 (SF-15) to Planned Development -Single Family/Retail (PD-SF/R). (Z14-0006). Summary Copple: Indicated that the applicant has requested to table this item to the June 3, 2014 Planning and Zoning Commission meeting. Motioned by Keith, seconded by Turner to table the request to rezone 80.7f acres, located on the southeast corner of Dallas Parkway and Frontier Parkway, from Single Family-15 (SF-15) to Planned Development -Single Family/Retail (PD-SF/R) to the June 3, 2014 Planning and Zoning Commission meeting. Motion passed 6-0 at 9:15 p.m. 7. Consider and act upon a site plan and an alternative type of open storage screening for Warren/Avant Garde Addition, Block A, Lot 111 (The Body Shop), on 2.5f acres, located on the west side of Business Park Drive, 400f feet south of First Street. The property is zoned Commercial (C). (D14-0017). Summary Glushko: Summarized the request for the site plan and alternative type of open storage screening. Recommended approval subject to the items listed on in the staff report. Copple: Provided history of PD-54. Motioned by Keith, seconded by McClung to approve a site plan and an alternative type of open storage screening for Warren/Avant Garde Addition, Block A, Lot 1R (The Body Shop), on 2.5f acres, located on the west side of Business Park Drive, 400± feet south of First Street, subject to the following: 1. Revising the alternative type of open storage screening along the southern property line to a 6-foot ornamental metal fence. 2. Town Council approval of an alternative type of open storage screening. 3. Town staff approval of the landscape, irrigation, and screening plans. 4. Planning and Zoning Commission approval of a replat of the subject property dedicating all easements necessary for development. 5. Fire Department approval of all fire hydrants, fire department connections (FDC), and fire lanes, including widths, radii, and location. 6. Engineering Department approval of all driveways, turn lanes, median openings, street sections, sidewalks, and right-of-way dedications. Motion passed 6-0 at 9:26 p.m. 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There was no discussion on this item. 10. Adjourn Motioned by McClung, seconded by Moody to adjourn. Motion approved 6-0. Meeting was adjourned at 9:28 p.m. Page 8 of 9 Alex Glushko, Senior Planner t-RQc 62�Secretary Page 9 of 9