02.15.2011 P&Z Minutesr . p �
0SPER
Prosper is a place where everyone matters.
1.Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
Roll call taken by Melanie Videan, Planning Technician.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway Street, Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, February 15, 2011, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Herb
Trenham, Christopher Blair, Rick Turner, Jim Cox, and Chris Keith.
Staff present included: Hulon T. Webb, Jr., Director of Development Services/Town Engineer; Chris
Copple, Planning & Zoning Manager; Melanie Videan, Planning Technician; and Claire Swann, Town
Attorney.
2.Recitation of the Pledge of Allegiance.
3.Consider and act upon minutes from the following Planning & Zoning Commission
meeting:
•January 18, 2011 Regular Meeting
Blair: Requested a correction to Page 3, under "Discussions", "Blair", to read " ... consider care when
developing in the floodplain." rather than " ... to care for floodplain areas by leaving them in their natural
state rather than having development."
Motioned by Blair, seconded by Cox to approve item 3 subject to requested corrections being addressed.
Motion approved 7-0 at 6:03 p.m.
REGULAR AGENDA
4.A public hearing to consider and act upon a request to rezone 5.2± acres, located on the
south side of First Street, 800± feet east of Dallas Parkway (430 Business Park Drive), from
Agricultural (A) to Commercial (C). (Zll-0001).
Summary
Copple: Summarized request to rezone. Briefed on structure's construction prior to annexation and on
surrounding zoning. Noted the request conforms to the Future Land Use Plan. Informed notification was
given in accordance with state law, and two public hearing notice reply forms were received by the
Planning Division, neither being in opposition to the request. Recommended approval.
Discussion
DeMattia: Asked staff if the existing structure is currently occupied.
Copple: Informed the existing structure is currently vacant.
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Motioned by Turner, seconded by McClung to open the public hearing. Motion passed at 6:04 p.m.
Motioned by Cox, seconded by Turner to close the public hearing. Motion passed at 6:04 p.m.
Discussion
Turner: Voiced support for the request.
McClung: Voiced support for the request.
Motioned by Turner, seconded by Trenham to approve item 4. Motion approved 7-0 at 6:05 p.m.
5.A public hearing to consider and act upon a request to rezone 244.9± acres, located on the
west side of Legacy Drive, 1,000± feet north of Fishtrap Road, from Planned Development-
14-Single Family Village A (PD-14) to Single Family-10 (SF-10). (Zll-0002).
Summary
Copple: Summarized request to rezone, noting the request was initiated by Council in accordance with
Chapter 1, Section 8 of the Zoning Ordinance. Outlined the location of the request. Informed the request
to rezone conforms to the Future Land Use Plan, which recommends medium density single family
residential uses for the property. Cited Planned Development (PD-14) allows for 5,500 square foot single
family lots with a density not to exceed 3.8 dwelling units per acre. Informed notification was given in
accordance with state law, and two public hearing notice reply forms were received by the Planning
Division, one being in opposition to the request. Recommended approval.
Discussion
DeMattia: Recited the following:
"At 6:07 p.m. the Prosper Planning and Zoning Commission shall recess into closed session in
compliance with Section 551.071 of the Texas Open Meetings Act, to meet with its City Attorney
regarding matter(s) in which the duty of the City Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas conflict with the Open Meetings Act regarding: legal
issues relating to Zoning Case Zl 1-002, a public hearing to consider and act upon a request to rezone
approximately 244.9 acres, located on the west side of Legacy Drive, approximately 1,000 feet north of
Fishtrap Road, from Planned Development-14-Single Family Village A (PD-14) to Single Family-IO (SF-
10)."
The Planning & Zoning Commission reconvened from closed session at 6:30 p.m.
Motioned by Keith, seconded by Cox to open the public hearing. Motion passed 7-0 at 6:30 p.m.
Public Hearing Discussion
Art Anderson (Attorney representing Wells Fargo): Informed his client learned of the request to rezone
on February 14, 2011 and requested the Commission table item 5 to allow a determination to be made
regarding the impact the request would have on the property with regards to development and valuation.
Asked for an explanation on the need for the Commission to recess into closed session. Recalled the vote
by Council on February 8, 2011 to initiate the rezoning of the property, stating the requirements for
notification according to state law before a Commission can consider a request. Questioned rather the
Town had properly done so given the date Council directed staff to move forward with the rezoning.
Reiterated the minimum square footages for lots and densities per acre of the requested zoning, and
clarified Planned Development-14 requires a minimum of 5,500 square foot lots with a maximum density
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of 3.8 dwelling units per acre. Informed of the lot square footage for Artesia. Questioned the ability to
achieve a 3.5 density with ten thousand square foot lots should the property be rezoned.
Swann: Explained provision in which closed session may be called.
Motioned by Trenham, seconded by McClung to close the public hearing. Motion passed 7-0 at 6:35 p.m.
Discussion
Cox: Noted the request conforms with the Future Land Use Plan, and Artesia's proximity is not a
consideration for him. Voiced support for ten thousand square foot lots with densities not to exceed 3.5
dwelling units per acre.
Blair: Asked Mr. Anderson if he could provide information regarding development in the floodplain and
what information he would be able to provide with the additional time should the item be tabled.
Trenham: Voiced support for the request as it conforms with the Future Land Use Plan.
McClung: Voiced support for the request as it would bring the property in conformance with the Future
Land Use Plan.
Turner: Agreed with continuing to facilitate the "open feel" for the town by providing for lower density
lots.
Keith: Commented on the time the town has to proceed with the request.
Anderson: Noted no data is available regarding development in the floodplain, but given more time, data
could be provided. Informed the property is currently under a contract for sale. Reiterated his request for
the Commission to table the item, and requested confirmation on the ten day public hearing notice
requirement.
DeMattia: Informed the Commission's task is in regards to land use and cannot speak on the topic of
time frame for public hearing notification.
Motioned by Mcclung, seconded by Keith to approve item 5. Motion approved 7-0 at 6:42 p.m.
Mr. Anderson: Asked what date the item will be heard by Town Council.
DeMattia: Informed the item will be presented at the February 22, 2011 Town Council meeting.
6.Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Blair: Informed Commission of Bond Committee's recommendations to Council.
7.Adjourn
Motioned by McClung, seconded by Trenham to adjourn. Motion approved 7-0.
Meeting was adjourned at 6:45 p.m.
;£PL__ �:t:= -�.. ,1 � Herb Trenham, Secretary
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