03.15.2011 P&Z Minutesp �
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, March 15, 2011, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Herb
Trenham, Christopher Blair, Rick Turner, and Jim Cox.
*Chris Keith informed of his absence prior to meeting.
Staff present included: Hulon T. Webb, Jr., Director of Development Services/Town Manager; Chris
Copple, Planning & Zoning Manager; Melanie Videan, Planning Technician; and Claire Swann, Town
Attorney.
2.Recitation of the Pledge of Allegiance.
,,--DeMattia read Herb Trenham's resignation letter and thanked him for his service to the Town.
3.Consider and act upon minutes from the following Planning & Zoning Commission
meeting:
•February 15, 2011 Regular Meeting
Motioned by Cox, seconded by Trenham to approve item 3 as revised by staff. Motion approved 6-0 at
6:03 p.m.
REGULAR AGENDA
4.Consider and act upon a preliminary plat of Legacy Pointe, being 902 single family
residential lots, on 243.8± acres, located on the west side of Legacy Drive, 1,000± feet north
ofFishtrap Road. The property is zoned Planned Development-14 (PD-14). (Dll-0002).
Summary
Copple: Summarized preliminary plat and notified of corrections to be made that were given to the
applicant, adding no revised preliminary plat has been received by staff. Informed of Parks and
Recreations Board's action at their March 14, 2011 meeting. Recommended denial due to deficiencies
listed in the staff report.
Discussion
Tommy Mann (attorney representing Wells Fargo): Offered annexation history, property rights of the
owner under the annexation agreement, ownership history, and briefed on past and pending rezoning of
the property. Informed of the following issues: 1) pending negotiations between the Town and the
property owner regarding the rezoning of the property, noting the town attorney proposed development
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standards with a response deadline of March 21, 2011, 2) the preliminary plat is nearly identical to that
which was approved by the Commission in 2005, which has expired, 3) a flood study needs to be
conducted to identify floodplain location which would dictate park dedication, number of lots, location of
lots, and right-of-way dedication on the proposed plat, and 4) a letter given to the town attorney
requesting an engineering analysis to quantify the proportional exactions being taken as part of platting
process. Requested the Commission grant the submitted 30-day waiver and table the item to consider
for later action, as the preliminary plat is dependent upon the conclusion of pending negotiations.
DeMattia: Recited the following:
"At 6: 11 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 the preliminary plat of Legacy Pointe, being 902 single family residential lots, on
approximately 243.8 acres, located on the west side of Legacy Drive, approximately 1,000 feet north of
Fishtrap Road."
The Planning & Zoning Commission reconvened from closed session at 6:28 p.m.
Motioned by Blair, seconded by McClung to accept the 30-day waiver submitted by the applicant and
table item 4 until the April 5, 2011 Planning & Zoning Commission meeting. Motion approved 6-0 at
6:29 p.m.
5.A public hearing to consider and act upon a request to rezone 1.1± acres, located on the
south side of Prosper Trail, 500± feet west of Preston Road, to amend Planned
Development-46 (PD-46). (Zll-0004).
Summary
Copple: Summarized request to amend Planned Development-46 and briefed on surrounding zoning.
Presented pictures to illustrate request and cited points in the staff report. Informed notification was
given in accordance with state law, and four reply forms were received by the Planning Division, all in
opposition. Noted an email sent by a resident of Preston Lakes who is not located within the 200 foot
buffer, but wished to voice his concerns and is also in opposition to the request. Recommended the
Planning & Zoning Commission consider and act upon the request.
Motioned by Turner, seconded by Blair to open the public hearing. Motion passed 6-0 at 6:32 p.m.
Public Hearing Discussion
Bruce Carlin (Preston Lakes resident): Inquired about alternative signs for the applicant to use.
Concerned about visual aspect of request.
Shelly Van Blarcum (Preston Lakes HOA President): Concerned about the image of this may set for the
town, noting the work of the Visioning Committee. Asked the Commission to deny the request.
Hotch Van Blarcum (Preston Lakes resident): Reiterated concerns made by Mrs. Van Blarcum, and
asked the Commission to deny the request.
Paula Correll (Preston Lakes resident): Conveyed appreciation for Integrity Car Care's work; however,
had concerns about the visual aspect of request. Suggested the advertising technique is ineffective.
Requested Commission either table the item to allow those on spring break to have the opportunity to
attend the next meeting, or deny the request.
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Motioned by Turner, seconded by McClung to deny the request to rezone 1.1± acres, located on the south
side of Prosper Trail, 500± feet west of Preston Road, to amend Planned Development-46 (PD-46).
Motion to deny passed 6-0 at 6:56 p.m.
6.A public bearing to consider and act upon a request to amend Chapter 2, Section 24.5
(Planned Development District Procedure) of the Town's Zoning Ordinance. (Zll-0005).
Summary
Copple: Summarized request to amend Chapter 2, Section 24.5 of the Zoning Ordinance. Recommended
approval.
Discussion
DeMattia: Confirmed logic of proposed amendment and asked staff questions regarding proposed
language.
McClung: Confirmed purpose and intent of amendment.
Copple: Offered a detailed example of a past case heard by the Commission.
Turner: Confirmed understanding of example given by staff.
Motioned by McClung, seconded by Turner to open the public hearing. Motion passed 6-0 at 7:04 p.m.
Motioned by Blair, seconded by Cox to close the public hearing. Motion passed 6-0 at 7:04 p.m.
Discussion
Turner: Commented the proposed amendment appears to simplify the planned development amendment
process. Voiced support.
McClung: Agreed with Turner's assessment, adding it formalizes the existing procedure. Voiced
support.
Blair, Trenham, and Cox: Agreed with Turner's and McClung's appraisal. Voiced support.
Motioned by Turner, seconded by Cox to approve item 6. Motion approved 6-0 at 7:09 p.m.
7.Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
There was no discussion on this item.
8.Adjourn
Motioned by McClung, seconded by Blair to adjourn. Motion approved 6-0.
Meeting was adjourned at 7:10 p.m. �a� �----(A'\[L-:::.h?r�\if t>\a...i,, Secretary
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