03.02.2010 P&Z MinutesLSPER
OWN OF
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 Street, Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, March 2, 2010, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia. Vice -Chair George Dupont, Secretary Jason Dixon
Sam Johnson, Herb Trenham, and Mike McClung.
*Commissioner Troy Brock informed the Chair of his absence prior to the meeting.
*Commissioner Dupont arrived at 6:04 p.m.
Staff present included: Chris Copple, Senior Planner; 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:
• • February 16, 2010 Regular Meeting
Motioned by McClung, seconded by Johnson to approve the February 16, 2010 Planning & Zoning
Commission meeting minutes. Motion approved 6-0.
REGULAR AGENDA
4. A public hearing to consider and act upon a request to rezone 0.7f acre, located on the
northeast corner of Lane Street and First Street (701 E. First Street), from Single Family (SF-
15) to Downtown Office (DTO). (Z10-0002).
Summary
Copple: Summarized applicant's request, noting conformity to the Future Land Use Plan. Informed
notification was given in accordance with State law, and five (5) notification reply forms were received by
the Development Services Department with four (4) being in opposition to the request. Recommended
approval.
Motioned by Dixon, seconded by Trenham to open the public hearing. Motion passed 6-0.
Motioned by Dupont, seconded by McClung to close the public hearing. Motion passed 6-0.
Discussion
Tretiham: Commented on other rezoned properties in the downtown area conforming to the Future Land Use
• Plan.
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Dixon: Asked staff to clarify the differences between Downtown Office and the Old Town Core District.
Voiced support.
• Dupont: Asked staff questions regarding recent requests to rezone on First Street. Voiced support.
Johnson: Voiced support.
McClung: Voiced support.
Copple: Clarified the differences between the Downtown Office zoning district and the Old Town Core
District in the Future Land Use Plan. Informed Commission of the most recent request to rezone from Single
Family to Downtown Office on First Street.
Motioned by Dupont, seconded by McClung to approve item. Motion approved 6-0.
5. A public hearing to consider and act upon a request to rezone 1.1± acres, located on the south
side of Prosper Trail, 500f feet west of Preston Road, from Commercial (C) to Planned
Development -Retail (PD-R). (Z10-0001),
Summary
Copple: Summarized applicant's request and briefed on discussions regarding this item at the February 16,
2010 Planning & Zoning Commission meeting. Noted the request conforms to the Future Land Use Plan.
Informed notification was given in accordance with State law, and four (4) notification reply forms were
received by the Development Services Department, all being in opposition to the request. Recommended
approval.
• Discussion
Dupont: Asked staff questions regarding air conditioning repair uses.
Dixon: Asked staff questions regarding changes to the request since the last public hearing. Inquired if the
applicant and the homeowners of Preston Lakes subdivision met to discuss options for development of the
subject property.
Copple: Informed general repair of air conditioning service falls under the definition of major repair, noting
he informed the applicant. Confirmed the occurrence of the meeting between the Preston Lakes subdivision
homeowners and the applicant.
Motioned by Dupont, seconded by Trenham to open the public hearing. Motion passed 6-0.
Public Hearing Discussion
Dan Tolleson (Prosper EDC): Voiced support for the request, advising the use is appropriate for its location.
Paula Correll (Preston Lakes HOA Treasurer): Noted approximate location of different footages from the
subject property. Voiced concerns regarding noise.
Shellv Van Blarcum (Preston Lakes HOA President): Voiced concerns regarding noise. Asked Commission
to deny request.
isAndv Stephenson (Preston Lakes resident): Voiced concerns regarding noise during his business hours
(works from home).
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C'orev Christensen (applicant: Informed Commission of his research results on noise levels and ways he
can mitigate for the benefit of the residents to the west and the offices to the east. Noted his reasons for
• choosing the subject property for his business, and reasons why the configuration of the buildings must
remain as shown on the exhibits, as well as his reservations about adding improvements to a Preston Lakes
resident's home.
McClung: Noted if the applicant's request is denied, some allowable uses for the property may produce
more noise than the use the applicant is proposing.
Dupont: Asked the applicant to state the requests he received from some of the homeowner's during his
meeting with them.
Motioned by Dupont, seconded by Trenham to close the public hearing. Motion passed 6-0.
Discussion
McClung: Voiced non-support, commenting intentions to uphold the Zoning Ordinance's regulation of a two
hundred (200) foot buffer for automobile uses near a residential zone.
Johnson: Voiced non-support, commenting on intentions to vote as the homeowners wish.
Dupont: Voice support, giving examples of decibel levels experienced in daily life. Reminded Commission
the request is a Planned Development, not a variance from the Zoning Ordinance. Offered reasons for his
support.
Trenharu: Voiced non-support.
• Dixon: Voiced non-support, offering the applicant options for development.
DeMattia: Voiced support. Commented on the Commission's responsibility to the Town's best interest.
Also commented that noise should not be the reason to vote in denial of the request.
Motioned by Dupont, seconded by DeMattia to approve item. Motion failed 2-4. Commissioners Trenham,
Dixon, Johnson, and McClung voted in opposition to the motion.
Motioned by Johnson, seconded by McClung to deny the request to rezone 1.1± acres, located on the south
side of Prosper Trail, 500f feet west of Preston Road, from Commercial (C) to Planned Development -Retail
(PD-R). Motion passed 4-2. Commissioners DeMattia and Dupont voted in opposition to the motion.
6. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
No topics were discussed on this item.
7. Adjourn
Motioned by Dupont, seconded by McClung to adjourn. Motion approved 6-0.
Meeting was adjourned at 6:45 p.m.
• Melanie Y. Videa , Piglining Technician
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Jon tfixon, Secretary
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