11.19.2013 P&Z MinutesTOWN OF
SPE
Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, November 19, 2013, 6:00 p.m.
Roll call taken by Chris Copple, Director of Development Services.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Rick
Turner, Bruce Carlin, Chris Keith, Craig Moody, and Bill Senkel.
Staff present included: Chris Copple, Director of Development Services; Alex Glushko, Senior Planner.
2. Recitation of the Pledge of Allegiance.
3. Consider and act upon minutes from the following Planning & Zoning Commission
meeting:
0 November 5, 2013 Regular Meeting
Motioned by McClung, seconded by Keith to approve item 3. Motion approved 7-0 at 6:01 p.m.
REGULAR AGENDA
4. 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
Glushko: Informed of the applicant's request to table the item and continue the public hearing to the
January 7, 2014 Planning & Zoning Commission meeting.
Motioned by Carlin, seconded by Moody to table item 4 and continue the public hearing to the January 7,
2014 Planning & Zoning Commission meeting. Motion approved 7-0 at 6:03 p.m.
Discussion:
DeMattia: Inquired about the reason for the tabling of this item.
Jim Zoller (Owner): Informed that they were still working with the surrounding property owners.
Pagel of 3
5. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a
concrete batching plant, on 5.0± acres, located on the west side of Dallas Parkway, 900f feet
south of First Street. The property is zoned Planned Development-19-Commercial
Corridor. (PD-19-CC). (S13-0001).
Summary
Glushko: Summarized the SUP request. Provided a history of the zoning of the property, and the
conditions of the previously approved SUP. Noted the criteria to be considered when determining SUP
requests, and that this request is not compatible with the Future Land Use Plan and the impact on the
surrounding area has not been mitigated. Informed notification was given in accordance with state law
and that the Planning Division received one reply form, not in opposition. Recommended denial.
Carlin: Inquired if the Town had audited the company's books, and there was an on -site billing office in
accordance with the conditions of the active SUP.
Glushko: Informed that staff received a reported sales tax report and that staff had not visited the site.
Copple: Informed that the sales tax report submitted by the applicant has been submitted to finance for
verification.
McClung: Inquired about the SUP term expiration time frame being requested.
Copple: Informed that this item is discretionary and that an SUP could be approved for any length of
time, but that two year terms have been standard.
Motioned by McClung, seconded by Keith to open the public hearing. Motion passed 7-0 at 6:10 p.m.
Public Hearing Discussion:
Eric Philpot (applicant): Provided company overview and indicated his preference for a long-term SUP,
but requested a minimum two year term.
Carlin: Expressed concerns with the side effects of the concrete batching plant uses, including the debris
coming from the trucks and left on the road.
McClung: Inquired if all sales were being generated from the Prosper office, and if the applicant could
consider interfacing with surrounding concrete batch plants to identify a way to clean up the debris left on
the road.
DeMattia: Inquired about the total number of plants and associated fleet.
Moody: Inquired about long term plan for the plant, and the ownership and zoning of the surrounding
plants.
Philpot: Addressing Carlin, indicated that they have taken steps to remedy the situation, including the
acquisition of a sweeper truck. Addressing McClung, confirmed that all sales are generated from the
Prosper office, and stated that he was not in opposition to working with neighboring properties.
Addressing DeMattia, informed that there were a total of four plants, and that his fleet consisted of four
out of approximately fifty total trucks coming from the plants in the area. Addressing Moody, indicated
that long term planning was difficult due to site restraints and the uncertainty associated with two year
SUPS, but stated that they hope to expand their fleet to ten in the future.
Page 2 of 3
Copple: Provided background on the zoning of the various plants in the area, specifically that this was the
only property subject to SUP, while the others are either non -conforming, or subject to alternate Planned
Development regulations. Explained the amortization process.
Motioned by Carlin, seconded by McClung to close the public hearing. Motion passed 7-0 at 6:26 p.m.
Commission Discussion:
Commissioners indicated their support for the request and discussed whether a two or three year
expiration term was more appropriate for the property.
Motioned by Carlin, seconded by Keith, to approve the request for a Specific Use Permit (SUP) for a
concrete batching plant, on 5.0± acres, located on the west side of Dallas Parkway, 900f feet south of
First Street, subject to:
The SUP expires three years after the adoption of the ordinance. The applicant may seek a
renewal term to the SUP in order to continue the Concrete Batching Plant use.
2. An on -site billing office is required to continue the Concrete Batching Plant use. All concrete
deliveries from the physical Prosper location shall be billed as taxable to the Town of Prosper.
3. The Town of Prosper reserves the right to audit books to ensure that Prosper is the primary HUB
for tax revenue and upon inspections, if there are any failures to correct errors; Town of Prosper
reserves the right to revoke the SUP.
Motion approved 7-0 at 6:33 p.m.
6. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
There was no discussion on item 6.
7. Adjourn
Motioned by Carlin, seconded by Moody to adjourn. Motion approved 7-0.
Meeting was adjourned at 6:35 p.m.
aiuTmeV4rcretary
Alex Glushk , Senior Planner
Page 3 of 3