08.20.2013 P&Z MinutesOWN OF
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Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
The meeting was called to order at 6:03 p.m.
Roll call taken by Melanie Videan, Planning Technician.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, August 20, 2013, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Craig Moody, Bruce
Carlin, and Rick Turner.
*Commissioners Senkel and Keith informed of their absence prior to the meeting.
Staff present included: Chris Copple, Director of Development Services; Alex Glushko, Senior Planner;
Terry Welch, Town Attorney, and Melanie Videan, Planning Technician.
2. Recitation of the Pledge of Allegiance.
3. Consider and act upon minutes from the following Planning & Zoning Commission
meeting:
• August 6, 2013 Regular Meeting
Discussion
McClung: Requested the first "Regular Agenda" title be revised to "Consent Agenda".
Motioned by McClung, seconded by Turner to approve item 3 subject to requested revision. Motion
approved 5-0 at 6:04 p.m.
REGULAR AGENDA
4. A public hearing to consider and act upon an amendment to Chapter 2, Section 25 (Specific
Use Permits); Chapter 3, Section 1 (Use of Land and Buildings) and Section 2 (Definitions);
and Chapter 4, Section 4 (Parking Requirements), of the Town's Zoning Ordinance relating
to, among other things, certain definitions, uses and regulations pertaining to alcoholic
beverages. (Z13-0010).
Summary
Copple: Offered background information on the amendment, noting Council's withdrawal of the
previous amendment proposed. Briefed on the information provided in the staff report. Introduced the
Town Attorney, Terry Welch. Recommended approval.
Motioned by Carlin, seconded by McClung to open the public hearing. Motion passed 5-0 at 6:07 p.m.
Public Hearine Discussion
Welch: Noted state regulations and the Town authority to regulate. Addressed the following topics
forwarded by staff: 1) distance of alcohol sales [by type of sale] to an educational institution, 2)
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determining the definition of a church, and 3) standards used to measure from an establishment selling
alcohol to a church or educational institution.
Commission members, staff, and the town attorney discussed the following: 1) a leased suite inside a
shell building for church use versus such a use in a stand-alone structure, 2) having the town's regulations
limited by state law, 3) examples of case law, 4) clarification of terminologies used in the proposed
ordinance, 5) citizen -initiated petition processes, 6) specificity of language regarding alcohol sales on an
election ballot, and 7) the distance of off -premises alcohol sales from single family uses.
Motioned by Carlin, seconded by Moody to close the public hearing. Motion passed 5-0 at 6:33 p.m.
Motioned by McClung, seconded by Carlin to approve item 4 as submitted. Motion approved 5-0 at 6:33
p.m.
5. A public hearing to consider and act upon a request to rezone 6.5f acres, located on the
west side of Custer Road, 500f feet north of Prosper Trail, from Agricultural (A) to
Planned Development -Office (PD-O). (Z13-0009).
Summary
Copple: Offered background information and noted the applicant's request to continue the public hearing
and table the request to the September 17, 2013 Planning & Zoning Commission meeting. Recommended
continuing the public hearing and tabling the request to the September 17"' Commission meeting.
Motioned by Carlin, seconded by Turner to continue the public hearing and table item 5 to the September
17, 2013 Planning & Zoning Commission meeting. Motion approved 5-0 at 6:35 p.m.
6. A public hearing to consider and act upon a request to rezone 135.0± acres, located on the
west side of Preston Road, 1,200t feet south of Frontier Parkway, from Agricultural (A) to
127.0± acres of Single Family-12.5 (SF-12.5) and 8.0± acres of Office (0). (Z13-0014).
*Item 7 was discussed prior to item 6.
Summary
Copple: Summarized the surrounding zoning and the request to rezone. Informed the request conforms to
the Future Land Use Plan. Noted the proposed Office District complements the Retail District to the north
and east while the floodplain serves as a natural buffer between the proposed Office District and the
proposed Single Family-12.5 District. Reported that notification was given in accordance with state law
and the Planning Division received one public hearing notice reply form, not in opposition to the request.
Recommended approval.
McClung: Asked questions regarding rear yard setbacks for the Office District.
Carlin: Inquired what determined roadway alignment.
Copple: Answering McClung, noted Office District setbacks, as well as industry practices for balancing
land use, building height, topography, natural features, and setback distances. Informed the Master Parks
Plan shows a hike and bike trail along the floodplain; therefore, any required easement, which would be
determined at the time of final platting, will increase the distance of the non-residential development from
the residences to the south. Addressing Carlin, informed the exhibit presented is conceptual in nature, but
that staff will work with the applicant during the platting process to determine the proper alignment.
Noted thoroughfare alignment will be determined at the time of final plat.
Motioned by Turner, seconded by Moody to open the public hearing. Motion passed 4-0 at 8:01 p.m.
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Public Hearing Discussion
Greg Helsel (representative): Informed the Office District is located to allow the floodplain to serve as a
natural buffer. Noted the conceptual alignment of Coleman Street is based on the location of the ponds.
Carlin: Inquired about the number of lots and lot sizes in the northern section verses the southern section
of the proposed Single Family-12.5 District.
Turner: Asked if the developer intends to preserve the existing ponds.
Greg Helsel: Answering Carlin, reported the following: 1) development is tentatively scheduled in three
phases, 2) the southern section will include approximately 185 lots; the northern section will include
approximately 60-75 lots, and 3) both the northern and southern sections will have minimum lots sizes of
12,500 square feet. Addressing Turner, conveyed intent to preserve the one acre pond and the floodplain
in its natural state.
Motioned by Carlin, seconded by Turner to close the public hearing. Motion passed 4-0 at 8:05 p.m.
Discussion
Moody: Voiced support for the request to rezone.
Turner: Asked staff if open space areas are required in single family developments.
Carlin: Questioned the lack of park dedication.
Copple: Explained the open space and park requirements for single family uses, noting those items are
addressed at the time of final platting.
Motioned by Carlin, seconded by Moody to approve item 6 as submitted. Motion approved 4-0 at 8:07
p.m.
A public hearing to consider and act upon a request to rezone S.O± acres, located on the
west side of Preston Road, 400f feet north of Broadway Street, from Commercial (C) to
Planned Development -Retail (PD-R). (Z13-0013).
*Agenda item 7 was discussed before item 6.
Summary
Copple: Summarized the surrounding zoning and the request to rezone. Noted the applicant's intent,
which is to architecturally match the proposed buildings with the existing buildings, as non-residential
development standards have changed since the existing buildings were constructed. Highlighted
information in the staff report, including permitted uses, parking, architectural standards, landscaping, and
screening. Informed the Future Land Use Plan recommends medium density residential; however, the
applicant's request conforms to the Comprehensive Plan's recommendation regarding the character of
Preston Road. Informed notification was given in accordance with state law, and the Planning Division
received seven public hearing notice reply forms, all in opposition. Recommended approval.
Discussion
McClung: Asked about the screening requirement for the Commercial District.
DeMattia: Inquired about proposed spacing for the eastern red cedars.
Moody: Asked questions regarding facade materials.
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