Prosper council appeals Planning & Zoning approval for Prosper Legacy preliminary site plan

Deputy Mayor Pro Tem Bartley moved on Tuesday to appeal the Planning and Zoning Commission's approval of the preliminary site plan for Prosper Legacy Blocks D through F, and the Town Council voted unanimously to send the plan back to the Development Services Department for additional review.

Bartley told the council she had multiple concerns that she said were not fully addressed at Planning and Zoning, including a shortfall in the retail acreage required in the PD exhibit, reduced landscape buffers along Legacy, the placement of two drive'thru lots near a residential entrance and visibility of trash enclosures and open space.

"In the PD exhibit C 1.6 it talks about village A needing to have 15 acres of retail area, and on this one I see around 12," Bartley said. She also said the PD'specified landscape buffer along Legacy should be 30 feet but the plan shows 25 feet, and that the two drive'thru locations on Block E Lot 1 and Block F Lot 1 could queue into the residential access or onto adjacent thoroughfares, creating traffic and emergency access risks.

Bartley also cited Chapter 4, Section 8.2 of the town zoning ordinance when questioning whether roof pitch and architectural design standards were being applied correctly at the lots that abut Star Trail, and Chapter 4, Section 5.2 when noting that a dumpster at Block D Lot 2 appears highly visible from the access drive. She asked staff to verify parking stall dimensions and whether open space requirements are met.

"So what I would like to do is, make a motion to appeal the decision of the planning and zoning commission'for the preliminary site plan for Prosper Legacy Blocks D through F to the Development Services Department for the reasons that I outlined and any other discussion by the town council as referenced in section 1.5(c)(4) of Chapter 4 of the town zoning ordinance," Bartley said.

Councilmember Chris Kern seconded Bartley's motion. Mayor Pro Tem Ray called for a vote and the motion passed unanimously.

Planning and Zoning had approved the preliminary site plan earlier (the packet and Bartley's remarks state a 6-to-1 approval at that body). Council asked Bartley to email her detailed list of items to staff so the developer and staff could work through the concerns before the council considers the matter again.

The appeal does not itself deny the project; it refers the site plan back to staff for follow-up, clarification and corrections cited by council.

Background: the preliminary site plan covers the Prosper Legacy Blocks D'F area, which the council and staff discussed in terms of PD (planned development) exhibits and how PD rules interact with other zoning requirements along Legacy and Rosso. Bartley repeatedly asked staff to confirm measurements and ordinance compliance before the council signs off on the plan.

Council members did not take additional action on the item at the meeting; they unanimously approved the referral so staff and the developer can address the concerns Bartley raised.