12.01.2009 P&Z MinutesISPER
OWN OF
Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
The meeting was called to order at 6:04 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, December 1, 2009, 6:00 p.m.
Commissioners present included: Chair Mark DeMattia, Vice -Chair George Dupont, Secretary Jason Dixon
Sam Johnson, Troy Brock, Herb Trenham, and Mike McClung.
Staff present included: Chris Copple, Senior Planner; and Melanie Videan, Planning Technician.
2. Recitation of the Pledge of Allegiance.
CONSENT AGENDA
Commissioner Brock pulled item 3b from the consent agenda.
• 3a. Consider and act upon minutes from the following Planning & Zoning Commission meeting:
• November 3, 2009 Regular Meeting
Motioned by Dupont, seconded by McClung to approve item 3a. Motion approved 7-0.
3b. Consider and act upon a preliminary site plan of Don Brown Downtown Retail, on 2.5f acres,
located on the northeast corner of Broadway Street and McKinley Street. The property is
zoned Downtown Retail (DTR). (D09-17).
Discussion
Brock: Asked staff for clarification on project phasing.
Dupont: Asked staff for clarification on which phases the vote will be based on.
DeMattia: Asked staff to confirm the property owner recently submitted a request to rezone for the subject
property.
Copple: Explained the phasing and the requirements to do so under the preliminary site plan submittal
policy. Gave background information on the property owner's previous request to rezone the subject
property, and noted the request has been withdrawn.
Motioned by Brock, seconded by Dupont to approve item subject to staff recommendations. Motion
approved 7-0.
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REGULAR AGENDA
• 4. A public hearing to consider and act upon a request to rezone 4.0± acres, located on the north
side of the Prairie Vista terminus, 600f feet west of Coleman Street (601 N. Coleman Street),
from Single Family-15 (SF-15) to Commercial (C). (Z09-15).
Summary
Copple: Summarized request and staff report, noting the request to rezone does conform to the Future Land
Use Plan. Informed notification was given in accordance with State law, and no public hearing reply forms
were received by the Planning Division. Recommended approval.
Discussion
Dupont: Asked staff questions regarding downtown architectural standards, the reasoning for the applicant
not requesting Downtown Commercial, and the Neighborhood Empowerment Zone boundaries. Asked if the
Neighborhood Empowerment Zone boundaries can be adjusted if the property is zoned Downtown
Commercial.
DeMattia: Asked staff questions regarding anticipated uses for the property east of the subject property.
Dixon: Asked staff questions regarding differences in uses between the Downtown Commercial and
Commercial districts.
McClung: Asked staff questions regarding applicant's uses should the property be rezoned to Downtown
Commercial.
• Copple: Cited differences between the Downtown Commercial and the Commercial districts (including
permitted uses), the guiding purpose of the Future Land Use Plan, and the boundaries and purpose of the
Neighborhood Empowerment Zone. Informed of nonconformity scenarios should the subject property be
zoned Downtown Commercial versus Commercial.
Motioned by McClung, seconded by Dupont to open the public hearing. Motion passed 7-0.
Public Hearing Discussion
McClung: Asked applicant questions regarding the nature of their client's business and their intentions for
expansion.
Kevin Wier (applicant): Summarized property owner's reasoning for requesting a rezone to Commercial
instead of Downtown Commercial. Explained the business's operations and what a future expansion would
be for.
Motioned by Dupont, seconded by Brock to close the public hearing. Motion passed 7-0.
Discussion
Dixon: Asked staff questions regarding the fagade's conformity. Voiced support for the request, citing his
belief of Prairie Vista's future.
Trenham: Voiced support for the request.
• Brock: Asked staff questions regarding additional height to the existing structure and the impact on
neighboring residential zones.
McClung: Voiced support for the request.
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Johnson: Voiced support for the request.
is
DeMattia: Preferred to see restricted uses; however given the structure's location, voiced support for the
request.
Copple: Explained conformance and height restrictions, noting any expansion of the existing structure or a
new structure and uses will have to adhere to the regulations set forth in the Zoning Ordinance.
Motion by Dixon, seconded by Trenham to approve item subject to staff recommendations. Motion
approved 7-0.
5. A public hearing to consider and act upon a request to rezone 11.8f acres, located on the
southeast corner of Frontier Parkway and Wesley Drive, from Agricultural (A) to Commercial
(C). (Z09-14).
Summary
Copple: Summarized history of property regarding annexation and development permits obtained by the
property owner from Collin County. Explained the zoning request for Commercial deviates from the Future
Land Use Plan and discussed the criteria that should be considered by the Commission. Informed
notification was given in accordance with State law, and no public hearing reply forms were received by the
Planning Division. Also informed the Prosper Independent School District (herein called the PISD) voiced
no opposition to the request. Recommended approval.
Discussion
DeMattia: Asked staff questions regarding rezoning effects on the existing structures (on the subject
• property), possible site plan submittal for the proposed structures, and possible denial of the request.
Copple: Explained staff s reasoning for recommending approval. Informed of the Collin County permitting
process and that the applicant may begin construction without site plan approval from the Town. Noted the
Town Attorney reviewed the permit and concurred with the above. Explained the rights of the property
owner according to State law.
Motioned by McClung, seconded by Brock to open the public hearing. Motion passed 7-0.
Public Hearing Discussion
DeMattia: Noted the permit was obtained legally, but voiced concerns the County permits were obtained
before annexation to curtail Town standards. Commented on the fagade of the existing structures. Asked
property owner if he would build the proposed structures to Town standards.
McClung: Asked property owner his construction schedule.
Dupont: Asked staff questions regarding new construction conformity. Asked property owner to consider
constructing new structures according to Town standards.
Kevin Wier (applicant): Explained reasoning for property owner's request, citing the layout of the property
and surrounding uses. Informed of meetings with Town staff and PISD, and noted the benefits to be had by
the Town with Commercial zoning given the relative location to the future stadium.
Brian Gilbert (property owner): Gave history of uses on the property, and informed of the following
• intentions: 1) Have the uses on his property compliment the surrounding area, 2) Begin construction on the
first building in the spring of 2010, and to construct one building per year (four buildings total), and 3) While
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being a good neighbor, will retain his legal right to construct his buildings according to County standards, not
Town standards.
• Motioned by Johnson, seconded by Dupont to close the public hearing. Motion passed 7-0.
Discussion
Johnson: Noted there is little that can be done at this point, except to have the opportunity to manage future
uses beyond the four proposed structures. Voiced supported for the request.
McClung: Noted the County permits were issued in 2006; and therefore, does not believe there were
intentions to bypass Town standards. Voiced support for the request.
Dupont: Understood the legal rights of the property owner; however, due to the property owner's intentions
to not construct to Town standards, voiced no support for the request.
Brock: Noted the market would dictate the uses on the property and any future redevelopment. Commented
the exterior will need to be cared for by the property owner.
Trenhanr: Noted the uses may be beneficial to the Town. Voiced support for the request.
Dixon: While supportive of the intended uses for the property, concerned regarding the fagade of the
existing and proposed structures, given their locations relative to the uses east and west of the property.
Proposed denial of the request in order to limit the uses.
Copple: Explained to the Commission the property owner obtained the County permits before the PISD
• purchased the properties to the east and west of the subject property, and because those permits have no
expiration date, the property owner is within his legal rights to have warehouse uses and continue other
nonconforming uses, regardless of the zoning, as the property was annexed after said permits were obtained.
Motion by Johnson, seconded by McClung to approve item as submitted. Motion approved 4-3.
Commissioner DeMattia voted nay citing concerns with the metal buildings, not the land use. Commissioner
Dupont voted nay citing the inflexibility of the property owner to construct according to Town standards.
Commissioner Dixon voted nay citing his preference to keep the property zoned Agricultural.
Discuss topics related to the possible development of a Multifamily Green Building Program
and/or a Townhome Green Building Program.
There was no discussion on this item.
Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Discussion:
Trenhani: Requested to discuss the WorkP Ian set by Council for staff for calendar year 2010.
Dupont: Requested item 6 be taken off the agenda indefinitely, noting when he has concluded his research
on the matter, he will request the topic be placed on a future agenda.
Adjourn
• Motioned by Dupont, seconded by McClung to adjourn. Motion approved 7-0.
Meeting was adjourned at 7:16 p.m.
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w
Melanie Y. Videan, Pla ning Technician
Jaso# Dixon, Secretary
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