08.17.2010 P&Z MinutesPA�
TOWN OF
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Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
The meeting was called to order at 6:02 p.m.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway Street, Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, August 17, 2010, 6:00 p.m.
Roll call taken by Mark DeMattia, Planning & Zoning Commission Chair.
Commissioners present included: Chair Mark DeMattia, Vice -Chair George Dupont, Secretary Sam
Johnson, Mike McClung, Herb Trenham, and Christopher Blair.
*Troy Brock was absent.
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:
• August 3, 2010 Regular Meeting
• Motioned by Dupont, seconded by McClung to approve item 3. Motion approved 6-0.
REGULAR AGENDA
4. A public hearing to consider and act upon a request to rezone 22.9f acres, located on the
southwest corner of Prosper Trail and Custer Road, from Planned Development-9-Single
Family (PD-9-SF) to Planned Development-Retail/Single Family (PD-R/SF). (Z10-0009).
Zoning request has been withdrawn by the applicant.
Summary
Copple: Informed the request to withdraw was submitted by the applicant after the public hearing notice
reply forms were mailed by staff.
5. A public hearing to consider and act upon a request to rezone 133.1t acres, located on the
north side of First Street, 2,300± feet west of Custer Road, from Planned Development-9 (PD-
9) to Planned Development -Single Family (PD-SF). (Z10-0008). Zoning request has been
withdrawn by the applicant.
Summary
Copple: Informed the request to withdraw was submitted by the applicant after the public hearing notice
reply forms were mailed by staff.
6. A public hearing to consider and act upon a request to rezone 12.7f acres, located on the north
• side of First Street, 4,300t feet west of Custer Road, from Agricultural (A) to Planned
Development -Single Family-10 (PD-SF-10). (Z10-0010).
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Summary
• C'opple: Summarized proposed planned development, noting the requested zoning is in conformance with
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, both being in opposition to the request.
Recommended approval.
Motioned by McClung, seconded by Trenham to open the public hearing. Motion passed 6-0.
Public Hearinv- Discussion
Dale Clark (applicant): Informed CC Joint Venture (herein called the Developer) will purchase a portion of
the property from the property owner and explained the development process for the lots. Described the
benefits of an additional point of access to the subdivision. Informed of the process of annexing the property
into the Homeowner's Association (herein called HOA) and at what point the Developer will relinquish
control of the HOA.
McClung: Asked applicant questions regarding the Whitley Place HOA.
Blair: Asked applicant questions regarding HOA intents.
Winston Stallings (resident): Spoke in favor of an additional entrance to relieve other access points.
Nick Norchnan (resident): Spoke in favor of request referring to traffic and proposed school site issues.
Motioned by Trenham, seconded by Johnson to close the public hearing. Motion passed 6-0.
• Discussion
Dupont: Requested Section 1.06 be revised.
Dale: Agreed to Section 1.06 revision.
DeMattia: Asked questions regarding annexation requirement in relation to the zoning request.
C'opple: Answered questions regarding the property's annexation.
Motioned by Dupont, seconded by Blair to approve item subject to revising Exhibit C, Section 1.06 to read,
"Minimum Lot Width at Front Building Line: 80'." Motion approved 6-0.
7. A public hearing to consider and act upon a request to rezone 162.7t acres, located on the
southeast corner of Teel Parkway and Fishtrap Road, from Agricultural (A) to Planned
Development-Commercial/Commercial Corridor (PD-C/CC). (Z10-0012).
Summarv:
Copple: Summarized proposed planned development, noting revisions to Exhibit C, and the requirement for
an approved concept plan prior to site plan approval for Tract 2. Noted the request is in conformance with
the Future Land Use Plan. Informed notification was given in accordance with State law, and one public
hearing notice reply form was received by the Planning Division, not in opposition. Recommended
approval.
• Discussion
Blair: Asked questions regarding waste water services.
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DeMattia: Asked questions regarding property to the south.
Copple: Informed Commission at what stage in the development process utilities are addressed. Gave
information regarding property to the south.
Motioned by Trenham, seconded by McClung to open the public hearing. Motion passed 6-0.
Public Hearina Discussion
Matt Robinson (applicant): Informed of discussions with the developer for the property to the west, and no
immediate plans for development exist. Offered different scenarios regarding utilities and thoroughfares.
DeMattia: Asked applicant questions regarding future development.
Blair: Asked applicant questions regarding utilities.
Motioned by McClung, seconded by Johnson to close the public hearing. Motion passed 6-0.
Discussion
Blair: Commented on the need to consider utilities.
Motioned by McClung, seconded by Dupont to approve item subject to revisions in Exhibits A and C
submitted by the applicant prior to the meeting. Motion approved 6-0.
8. A public hearing to consider and act upon an amendment to Chapter 4, Section 9.4 (D) of the
Zoning Ordinance, regarding the side yard setback of the face of a garage that faces a side
yard (a swing -in garage). (Z10-0013).
Summary
Copple: Explained the proposed amendment. Recommended approval.
Motioned by Dupont, seconded by Trenham to open the public hearing. Motion passed 6-0.
Discussion
Matt Robinson (Prosper Developers Council [herein called the PDQ President): Informed PDC supports
amendment.
Motioned by Johnson, seconded by McClung to close the public hearing. Motion passed 6-0.
Motioned by Dupont, seconded by McClung to approve item. Motion approved 6-0.
9. A public hearing to consider and act upon an amendment to Chapter 3, Section 1.4 (10) and
Chapter 3, Section 2.2 (paragraph 9) of the Zoning Ordinance, regarding the conditional
development standards and definition of a Non -Commercial Antenna. (Z10-0014).
Summary
Copple: Explained the proposed amendment and the purpose for such. Recommended approval.
Discussion
• Blair: Asked staff if language such as "owned or leased by town" should be included in the amendment.
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McClung: Asked staff questions regarding height for non-commercial antennas.
is Copple: Informed of the height of the dispatch antenna.
•
Motioned by Blair, seconded by McClung to open the public hearing. Motion passed 6-0.
Motioned by Trenham, seconded by Blair to close the public hearing. Motion passed 6-0.
Discussion
Johnson: Commented the amendment appears as a fix rather than a long term solution.
Motioned by Dupont to approve as submitted; however motion was rescinded by Dupont prior to being
seconded.
Motioned by Blair, seconded by Dupont to approve item subject to the addition of "or leased" incorporated
in the proposed amendment. Motion approved 6-0.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Discussion
Dupont: Informed Commission the Multi -Family Green Build Program will be heard by the Council at their
October 12. 2010 meeting. Briefed on topics discussed at the August 12, 2010 Visioning Committee
meeting.
11. Adjourn
Motioned by Blair, seconded by McClung to adjourn. Motion approved 6-0.
Meeting was adjourned at 6:46 p.m.
Melahie Y. Vid4w �lanning Technician Sam Johnson, Secrefary
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