06.15.2010 P&Z MinutesPISPER
OWN OF
Prosper is a place where everyone matters.
Call to Order / Roll Call.
The meeting was called to order at 6:01 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, June 15, 2010, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia, Vice -Chair George Dupont, Sam Johnson, Mike
McClung, Herb Trenham, and Troy Brock.
Staff present included: Hulon Webb, Director of Development Services/Town Engineer, Chris Copple,
Senior Planner, and Melanie Videan, Planning Technician.
2. Recitation of the Pledge of Allegiance.
CONSENT AGENDA
3a. Consider and act upon minutes from the following Planning & Zoning Commission meeting:
•
• May 18, 2010 Regular Meeting
3b. Consider and act upon a final plat of Gilbert Residence, Block A, Lot 1, on 2.2t acres, located
at the Robison Creek Drive terminus, 1,500f feet south of Prosper Trail. The property is
zoned Single Family-15 (SF-15). (D10-0010).
3c. Consider and act upon a site plan and final plat of Prosper Plaza, Block A, Lot 9, on 0.9t acre,
located on the north side of U.S. 380, 800t feet west of Custer Road. The property is zoned
Planned Development-25 (PD-25). (D10-0012).
Motioned by Dupont, seconded by Trenham to approve consent agenda subject to staffs recommendations.
Motion approved 6-0.
REGULAR AGENDA
4. A public hearing to consider and act upon a request to rezone 0.8t acre, located on the south
side of First Street, 200f feet east of Coleman Street (202 E. First Street), from Single Family-
15 (SF-15) to Downtown Office (DTO). (Z10-0004).
Summary
Copple: Briefed Commission on request, noting conformance with the Future Land Use Plan. Informed
notification was given in accordance with State law, and one public hearing notice reply was received by the
Planning Division, not in opposition. Recommended approval.
• Motioned by McClung, seconded by Brock to open the public hearing. Motion passed 6-0.
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Motioned by Brock, seconded by Johnson to close the public hearing. Motion passed 6-0.
• Discussion
Johnson: Asked applicant about the intent of the property owner.
Sherry Geer Williams (applicant): Informed her client prefers to make the property more viable; however,
no plans currently exist.
Motioned by Trenham, seconded by McClung to approve item. Motion approved 6-0.
5. A public hearing to consider and act upon a request to rezone 3.2t acres, located on the
northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). (Z10-
0006).
Summary
Copple: Gave background information on request. Informed of surrounding zoning, and noted non-
conformance with the Future Land Use Plan. Cited criteria in Comprehensive Plan for considering a zoning
request that deviates from the Future Land Use Plan. Informed notification was given in accordance with
State law and two public hearing notice replies were received by the Planning Division, neither in opposition.
Recommended approval.
Discussion
McClung: Asked staff if, after the realignment of F.M. 1385, the property will remain in Town limits.
• DeMattia: Asked staff questions regarding acreage after right-of-way dedication for F.M. 1385.
Brock: Asked staff questions regarding ingress and egress, street lights at intersection, and distribution of
existing right-of-way property after re -alignment of F.M. 1385 is constructed.
Dupont: Asked staff if right-of-way dedication could be a condition of approval.
Copple: Informed Commission of the following conditions after the realignment of F.M. 1385: 1) property
will remain in Town limits, 2) current and proposed future acreage of the property, 3) ingress and egress will
be adequate, and 4) the typical distribution of right-of-ways back to property owners. Also informed of the
appropriate time for the property owner to dedicate right-of-way for realignment.
Webb: Noted Fishtrap Road and F.M. 1385 (after realignment) would be considered a major intersection.
Motioned by Dupont, seconded by McClung to open the public hearing. Motion passed 6-0.
Public Hearing Discussion
Cheryl Williams (applicant's representative): Informed Commission once F.M. 1385 is realigned, the
property would be isolated from any single family tract, and would therefore no longer be well suited for a
single family use; however, retail would be appropriate, as F.M. 1385 and Fishtrap Road would be a major
intersection.
DeMattia: Asked Ms. Williams of the property owner's intent for the property.
• Cheryl Williams: Listed examples of neighborhood service type uses that would be appropriate for the
location.
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Motioned by Brock, seconded by McClung to close the public hearing. Motion passed 6-0.
• Motioned by Brock, seconded by Dupont to approve item. Motion approved 6-0.
6. A public hearing to consider and act upon a request to rezone 1.3t acres, located on the west
side of Hays Road, 400f feet south of High Point Drive, from Office (0) to Retail (R). - (Z10-
0005).
Summary
Copple: Gave background information on requests to rezone the subject property. Informed this request
does not conform to the Future Land Use Plan. Also, informed notification was given in accordance with
State law, and three public hearing notice replies were received by the Planning Division, none being in
opposition. Recommended denial.
Discussion
Brock: Asked staff questions regarding an access easement from Preston Road and discussions with property
owner to the south (Blue Star).
DeMattia: Asked staff if property could be developed without an access easement.
Dupont: Asked staff questions regarding zoning lines in relation to the property line.
Copple: Informed access will be discussed during the site plan/final plat process, but cross access is
required.
• Motioned by Dupont, seconded by Johnson to open the public hearing. Motion passed 6-0.
Public Hearing Discussion
Potter (applicant): Explained reasoning for request, noting his plans for the property and the structure he
intends to build if the request is approved. Answered Commission questions regarding his status on
purchasing the property and his current location on Preston Road.
Cindy Thomas (applicant's representative): Informed Commission of the two scenarios for access easement
location.
Brock: Asked applicant if there is a contract for sale, and if he plans to sublease any square footage in the
structure he intends to construct.
DeMattia: Asked applicant if he will close his existing business on Preston Road.
Motioned by Trenham, seconded by McClung to close the public hearing. Motion passed 6-0.
Discussion
Dupont: Voiced support to adhere to the Future Land Use Plan, as this property may not develop according
to the applicant's intentions, and felt the zoning district proposed is inappropriate for this location.
Brock: Asked staff about future plans for Hays Road, and if there have been any submittals for properties in
proximity to the subject property. Voiced support for the applicant's request based on surrounding uses.
• Trenham: Voiced support to adhere to the Future Land Use Plan. Preferred continuous zoning in that area.
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McClung: Voiced support to adhere to the Future Land Use Plan.
• DeMattia: Asked staff questions regarding the agricultural zoning on the commercial use properties across
Hays Road. Listed the surrounding uses that makes the request appear reasonable. Voiced support for the
applicant's request.
Johnson: Concerned about the possible basketball court use, but understood both positions on the matter.
Given the surrounding uses, voiced support for the applicant's request.
Copple: Gave background annexation information on the agriculturally zoned properties with commercial
uses.
Motioned by Dupont, seconded by McClung to deny the request to rezone 1.3± acres, located on the west
side of Hays Road, 400± feet south of High Point Drive, from Office (0) to Retail (R). Motion failed by a
vote of 3-3, with Dupont, McClung, and Trenham voting to deny the request to rezone.
Motioned by Brock, seconded by Johnson to table item until the July 6, 2010 Planning & Zoning
Commission meeting. Motion approved 6-0.
7. A public hearing to consider and act upon an amendment to Chapter 4, Section 8 of the Zoning
Ordinance, regarding paving material requirements for non-residential- development. (Z10-
0007).
Summary
Copple: Gave background information on the request to amend the Zoning Ordinance. Informed of meeting
• with the Prosper Developer's Council (herein called PDC), at which they voiced no opposition to the
proposed amendment. Recommended approval.
Discussion
DeMattia: Asked staff questions regarding the intent of the proposed amendment.
Brock: Asked staff questions as to which type of developments would be affected by the proposed
amendment.
•
Dupont: Asked staff for clarification regarding overflow parking regulations.
Copple: Explained which areas are currently required to be concrete. Informed the scenarios in which the
proposed amendment is intended for.
Staff and Commission discussed possible revisions to the proposed amendment.
Matt Robinson (PDC President): Informed Commission the PDC has no issues with the proposed
amendment as currently written.
Motioned by McClung, seconded by Dupont to open the public hearing. Motion passed 6-0.
Motioned by Dupont, seconded by Johnson to close the public hearing. Motion passed 6-0.
Motioned by Brock, seconded by McClung to approve item. Motion approved 6-0.
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8. A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan
is
(Section 13 of the Town's Comprehensive Plan). (CA10-0001).
Summary
Webb: Summarized proposed amendment to the Thoroughfare Plan, showing the current alignments and the
reasoning for the proposed alignments.
Dupont: Asked staff questions regarding the alignment of Lovers Lane and Hillcrest Road.
Webb: Informed of the public hearing by the Texas Department of Transportation on June 28, 2010
regarding the design of U.S. 380.
Motioned by Brock, seconded by McClung to open the public hearing. Motion passed 6-0.
Public Hearing Discussion
Matt Robinson (Prosper Partners representative): Informed of the locations of the properties he represents,
and offered his support for the proposed amendment to the Thoroughfare Plan.
Motioned by McClung, seconded by Dupont to close the public hearing. Motion passed 6-0.
Motioned by Dupont, seconded by Brock to approve item. Motion approved 6-0.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Discussion
• DeMattia: Asked staff if Council has agreed to a work session with the Commission.
Webb: Informed Commission a work session is planned for in the near future.
Dupont: Asked staff what the status of the Multi -Family Green Building Code is.
Webb: Informed Commission of staff s timeline for bringing proposed language before Town Council.
10. Adjourn
Motioned by Trenham, seconded by McClung to adjourn. Motion approved 6-0.
Meeting was adjourned 7:14 p.m.
Melanie Y. Videan, Pla4idg Technician
Sam Johnson, Secretary
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