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08.05.2008 P&Z Minutes1. Call to Order / Roll Call. The meeting was called to order at 6:02 p.m. Roll call taken by Melanie Videan, Planning Technician. Commissioners present included: Chair Mark DeMattia, Vice -Chair George Dupont, Secretary Ronni Gallup, Sam Johnson, Jason Dixon, Marcus Ruark, Reno Jones. Staff present included: Chris Copple, Senior Planner; and Melanie Videan, Planning Technician. 2a. Consider and act upon minutes from the following Planning & Zoning Commission meetings: • July 15, 2008 Regular Meeting Motioned by Gallup, seconded by Johnson to approve item. Motion approved 7-0. 2b. Consider and act upon a preliminary site plan of Whispering Farms Commercial Center, Block A, Lot 5R-C, on 4.3f acres, located on the east side of Coit Road, 500f feet south of Prosper Trail. The property is zoned Planned Development-5 (PD-5). (D08-22). • Dupont pulled item from Consent Agenda. Commission Discussion Dupont: Asked staff questions regarding the following: 1) height of the facility (concerned height would exceed residences behind), 2) ingress and egress, 3) why one piece of mechanical equipment is located in front of the building, while two are located behind the building, and 4) landscape requirements. DeMattia: Asked staff at what point building exteriors must comply with the existing non-residential standards, how those non-residential standards would apply to a zoning case, and should those standards change, would the standards in place at the time the zoning was approved govern exterior building materials. Dixon: Asked staff the location of the preliminary site plan. Staff Discussion Copple: Answered Commissioner Dupont with the following: 1) Building height equals 27 feet 4 inches, steeple height equals 38 feet 11 inches, 2) There are two points of access to the property, 3) Mechanical equipment is located at developer's preference, but proper screening will be in place, and 4) Landscape requirements per the zoning ordinance will be reviewed by staff at time of final site plan. Informed Commission the subject property is governed by Planned Development-5 of which specific building material standards are addressed. Described the subject property's location. Motioned by Dupont, seconded by Dixon to approve item. Motion approved 7-0. 2c. Consider and act upon a final plat of the Prosper Independent School District High School and • Middle School Addition, Block 1, Lot 1, on 73.8f acres, located on the southeast corner of Coleman Street and Eagle Lane. The property is zoned Single Family-15 (SF-15). (D08-19). Page 1 of 5 Dupont pulled item from Consent Agenda. isCommission Discussion Dupont: Discussed July 22, 2008 Town Council meeting results and his concerns regarding ingress and egress. Preferred ingress and egress to the site via Seventh and Eighth Streets be limited to non -school bus traffic only. DcMattia: Noted that at the July 22, 2008 Town Council meeting, one of the requirements of approval was the fire lane to the north, not restricted bus use of Seventh and Eighth Streets. Asked staff to locate fire lane. Staff Discussion Copple: Explained the motion made by Town Council mandated the fire lane be constructed from the bus barn to the drive that ejects from Church Street. The fire lane would continue north to Eagle Lane with an exit to Coleman Street. Reiterated that Town Council made it very clear in their motion that Seventh and Eighth Streets were not to be used for school bus traffic. Located fire lane on final plat for Commission noting that traffic would be behind the homes fronting Eighth Street. Motioned by Dupont, seconded by Gallup to approve item. Motion approved 7-0. REGULAR AGENDA 3. A public hearing to consider and act upon a request to rezone 11.3f acres, located on the west side of Coleman Street, 200f feet south of Eagle Lane, from Agricultural (A) to Commercial (C). (Z08-10). Staff Summary aCopple: Summarized zoning request. Explained Old Town Core District Plan, noting request's conformity to said plan. Informed notification was given in accordance with state law, and one reply form, from the school district, was received by the Planning Department, but was not in opposition. Recommended approval. Commission Discussion Dixon: Asked staff if the reply form was from the individual representing himself or if the reply represented the school district. Roark: Asked staff if there was any indication from the applicant regarding the intended use? Staff Discussion Copple: Informed Commission the reply represented the school district. Answered the applicant had not indicated intended use. Motioned by Jormson, seconded by Ruark to open the public hearing. Motion approved 7-0. Commission Discussion Ruark: Asked applicant's representative about the intended use? Public Discussion • Kevin Weir (Spiars Engineering): Informed Commission that at this time there has been no indication from the property owner of the intended use, but a preliminary site plan would be generated shortly after the zoning for the property is approved. Page 2 of 5 Motioned by Gallup, seconded by Dixon to close the public hearing. Motion approved 7-0. rCommission Discussion DeMattia: Asked staff to confirm existing zoning surrounding the subject property. Asked Commission whether they would like to discuss restricting uses, concerned about the high school close by. Ruark: Informed Commission that conunercial zones do restrict use per the zoning ordinance, and this property, with a request to rezone commercial, does have restricted uses. Dupont: Conveyed that if in the future the proposed use for the subject property is not desirable, it would be the responsibility of staff and the Commission to amend the zoning ordinance. Motioned by Jones, seconded by Gallup to approve item. Motion approved 7-0. 4. A public hearing to consider and act upon a request to rezone 0.6t acre (508 East Broadway Street), located on the southwest corner of Broadway Street and Field Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z08-12). Staff Summary Copple: Summarized zoning request, noting the request did confirm to the Old Town Core District Plan. Informed notification was given in accordance with state law, and no reply forms had been received by the Planning Department. Also informed Commission the applicant was not in attendance. Recommended approval. Comnssion Discussion Dupont: Questioned what is required for screening given that the subject property's south/back side backs up to two residential lots. Asked staff if the Commission could approve a six foot wrought iron fence with landscaping should the applicant submit such a request. Staff Discussion Copple: Informed Commission the property currently has an eight foot, board on board cedar fence with metal posts and is in accordance with the ordinance amendment passed last year. Also informed that the zoning ordinance does allow the Commission to approve different screening should such a request by the property owner be made. Motioned by Dupont, seconded by Dixon to open the public hearing. Motion approved 7-0. No public discussion on item. Motioned by Dixon, seconded by Ruark to close the public hearing. Motion approved 7-0. Motioned by Gallup, seconded by Dupont to approve item. Motion approved 7-0. 5. A public hearing to consider and act upon a request to rezone 2.1f acres, located on the southwest corner of Prosper Trail and Robison Creek Drive, from Single Family-15 (SF-15) to Single Family-12.5 (SF-12.5). (Z08-13). Staff Summary • Copple: Summarized zoning request, adding the property owner's intention of subdividing into three lots. Noted the Future Land Use Plan recommends medium density residential; and therefore, the request does conform to the plan. Informed notification was given in accordance with state law, and no reply forms were received by the Planning Department. Recommended approval. Page 3 of 5 Commission Discussion • DcMattia: Asked if the subdivision to the north (speaking of Saddle Creek) has an HOA, and if so whether the HOA was notified of the request to rezone. Concerned the newly created subdivision will not have an HOA, and asked staff if there was any way the subdivision could annex into an existing HOA, citing another concern about maintenance since the subdivision will abut a thoroughfare. Dixon: Asked staff if during the platting process, the applicant would be held to the requirements in the zoning ordinance, and inquired about thoroughfare requirements. Dupont: Noted to Commission the existing home abuts the thoroughfare, but the two new homes would not abut Prosper Trail. Staff Discussion Copple: hiformed notice was given to the current property owners within 200 feet of the subject property. The Saddle Creek HOA itself was not notified. Noted the Planning Department has received many calls over the last two weeks with inquiries on whether the rezone would be for retail or office uses. Confirmed that all platting processes would be subject to the requirements set forth in the zoning and subdivision ordinances. Regarding the subdivision's possible annexation into an existing HOA, advising that consultation with the Town Attorney would be needed. Said that assuming two new homes will be constructed on the two new lots, they would be required to meet Town standards for masonry, setbacks, and maintenance of property according to the zoning ordinance and code enforcement regulations. Motioned by Dupont, seconded by Gallup to open the public hearing. Motion approved 7-0. No public discussion on item. Motioned by Dixon, seconded by Johnson to close the public hearing. Motion approved 7-0. Commission Discussion Johnson: Noted if Commission chose to deny request, it wouldn't affect the outcome of the subdivision being annexed or not being annexed into an existing HOA, and commented on Commission's lack of authority to require a subdivision to have an HOA. Dul)ont: Asked staff if there is a minimum number of homes required to have an HOA. Dixon: Asked staff the following: 1) about the adjacency of the subdivision to Prosper Trail, 2) if the applicant subdivides, whether the subdivision would be subject to new standards and/or restrictions, and 3) What would become of the metal barn in the case of subdivision? Ruark: Suggested to Commission they could table the item and request an annexation letter from an HOA, then hear this request again, but as the case is submitted, did not have any problems with the request. Staff Discussion Copple: Explained what the regulations state on the creation of HOAs, of which include (but are not limited to) shared amenities, open space areas, and adjacency to thoroughfares and thoroughfare screening. Noted that 98% of the time, an HOA is required, but this request doesn't require an HOA. Also of note, was the existing lot does abut Prosper Trail, but the other two, newly created lots will not be adjacent to Prosper Trail, which is why the applicant is not dedicating right-of-way to Prosper Trail. Said the applicant will be • subject to current regulations when they apply for their building permit; however, the metal barn is grandfathered and more than likely, the applicant will leave it, but when the subdivided property is sold, the new owner will probably demolish the structure. Page 4 of 5 Motioned by Johnson, seconded by Ruark to approve item. Motion approved 6-1. Commissioner DeMattia voted against motion. • Commssioner DeMattia would have preferred more discussion regarding the HOA situation. Commissioner Dixon asked staff to check into situations abutting thoroughfares. 6. Discuss current status of analysis of Town's Non -Residential Development Standards, being performed by Freese and Nichols. Discussion Ruark: Inquired as to whether there is a deadline on the analysis. Also, asked if the contract for analysis specifies a fixed rate for payment of services. DeMattia: Inquired as to whether there was ever an original completion date, and asked this item be placed on the next Planning & Zoning Agenda. Also, asked the consultant be invited to attend the next P & Z meeting to answer the Commission's questions regarding the study. Johnson: Asked why there is a delay in completion of analysis. Dupont: Answered the original completion date was July 14, 2008, but no meetings have occurred in four to six weeks. Asked staff what methodologies consultant is using in deriving conclusions. Copple: Reported there are no new developments on this item, and the analysis is process, and the staff liaison for the analysis is Hulon Webb, Director of Development Services/Town Engineer. • 7. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Discussion Ruark: Asked Commission if items being approved should be subject to staff recommendations. DeMattia: Asked Commission to voice their motions subject to staff recommendations. 8. Adjourn. Motioned by Gallup, seconded by Jones to adjourn. Motion approved 7-0. Meeting was adjourned at 6:38 p.m. Melanie Y. VideaiV. Planning Technicianran Ronni Gall retary Page 5 of 5