05.13.2008 Town Council PacketISPER
OWN OF
Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, May 13, 2008 at 6:00 p.m.
3. Announcements of dates and times of upcoming community events.
4. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting results
for the General Election held on May 10, 2008 as presented by the Town Secretary and hereby declare the
results of the election be set forth in an ordinance and that said ordinance should be adopted. (MD)
5. Administer Oath and Issuance of Certificate of Election to Elected Councilmembers. (MD)
PRESENTATIONS
6. Presentation of appreciation to outgoing Councilmembers.
7. Presentation of a proclamation for Click it or Ticket.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one
motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item
without comment and may submit written comments as part of the official record.)
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• April 22, 2008 — Regular Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7)
of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site
plan or preliminary site plan. (CC)
C. Consider and act upon an ordinance rezoning 0.8f acre (101 East Broadway), located on the northeast
corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to Downtown Office
(DTO). (Z08-5) (CC)
d. Consider and act upon an ordinance rezoning 127.8f acres, located on the south side of Prosper Trail, 400f
feet east of Dallas Parkway, to amend Planned Development-33 (Prestonwood Baptist Church) regarding
the landscape requirements. (Z08-4) (WIC
e. Consider and act upon a Mutual Aid contract with Collin County for fire services. (RT)
Pagel of 3
ANNEXATION PETITIONS
f. Consider and act to accept a petition presented by N.W. 380 & 423 L.P. to set dates for two public hearings
and call for a service plan for the voluntary annexation of approximately 101.572 acres of land generally
located north of Hwy 380 and west of Gee Road. (MD)
CITIZEN'S COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda
Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.)
9. Other Comments by the Public.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to
speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
10. A public hearing to consider and act upon a request to rezone 80.3f acres, located on the northeast corner
of Prosper Trail and Coleman Street, to amend Planned Development-24 (Ariana Estates) regarding the
thoroughfare screening requirements. (Z08-6) (WH)
DEPARTMENT ITEMS
11. Consider a Resolution authorizing the Town Manager to engage Freese & Nichols to perform an analysis of
the Town of Prosper's non-residential development standards. (ML)
12. Consider and act upon 1) approval of a Right of Way Services Agreement with Property Acquisition
Services, Inc., regarding the removal of Business SH 289 (US 380 to SH 289) and FM 1193 (Business SH
289 to SH 289) from the Texas Department of Transportation's roadway network and 2) adopt a resolution
authorizing the Town Manager to execute the same. (HW)
13. Consider and act on a resolution designating the Town Manager as the project official/representative to act
on behalf of Town in dealing with Collin County for the purpose of participating in the Collin County
Parks and Open Space Assistance Program; and authorizing the submittal of a grant application for
program assistance. (WIT)
14. Consider and act on a resolution designating the Town Manager as the project official/representative to act
on behalf of Town in dealing with Texas Parks and Wildlife Department (TPWD) for the purpose of
participating in the TPWD Outdoor Recreation Grant; and authorizing the submittal of a grant application
for program assistance. (WH)
15. Discuss and give direction to HOK for the Gateway Enhancement Project. (NM)
16. Town Manager's Comments.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
18. Adjourn.
Note: The order in which items are heard on the agenda is subject to change.
Page 2 of 3
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a
place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, May 9, 2008 at
5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
44
atthew D. Denton, TRMC Date Noticed Removed
Town Secretary
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at
any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting
be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a
result of this Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan
to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE.
Page 3 of 3
IOSPER
WN OF
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
ADMINISTRATION
Re: Canvassed voting results for the General Election held on May 10, 2008
Date: May 13, 2008 Council Meeting
Agenda Item:
Consider and act upon an ordinance to receive and accept as true and correct the Canvassed
voting results for the General Election held on May 10, 2008 as presented by the Town Secretary
and hereby declare the results of the election be set forth in an ordinance and that said ordinance
should be adopted.
Description of Agenda Item:
Due to the election falling the day after preparation of the council packets, the ordinance and
supporting documents will be emailed to you on Monday, May 12, 2008.
Budget Impact•
N/A
Attached Documents:
None
Board, Committee and/or Staff Recommendation:
Town staff recommends Council move to accept as true and correct the Canvassed voting results
for the General Election held May 10, 2008 as presented by the Town Secretary and hereby
declare the results of the election to be as set forth in ordinance and that said ordinance should be
adopted.
Agenda Item No. 4
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:09 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, April 22, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem
Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Raygl
Staff present included: Mike Land, Town Manager; Matthew
Development Services; Chris Copple, Senior Planner; Wade I
Secretary. A
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor David Vestal, Lighthouse Fello
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of
Matthew Denton, Town Secretary,, announced the
CONSENT AGENDA
f
4. Consent Agenda
MINUTES
a. Consider and
2008 — Reeuli'BT;bwn
istol, Deputy Mayor Pro-Tem
;e Director; Hulon Webb, Director of
Planner; and .`Matthew Denton, Town
J-� Church.
events.
�e May 10, 2008 General Election.
M
the following Council meetings. (MD)
b. Consider d ct upon ,an ordinance rezoning 24.3f acres, located on the south side of Frontier
Parkway (Bus. 289), 1 '0t feet west of Preston Road, from Single Family-15 (SF-15) to Office (0).
(Z08-2). (CC) '
C. Consider and act upon a resolution to support the extension of the Dallas North Tollway from U.S.
380 to FM 428. (HW)
FINANCIALS
d. Consider and act upon the financial statements ending March 31, 2008. (MG)
Motioned by Councilmember Dugger, seconded by Councilmember Smith to approve the consent agenda.
Motion approved 7-0.
Page] of 3
CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 0.8f acree' (;10.1 East Broadway), located
on the northeast corner of Broadway Street and Coleman Street, %m Single Family-15 (SF-15) to
Downtown Office (DTO). (Z08-5) (CC)
Chris Copple, Senior Planner, gave council background information on thi' item.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:15 p.m.
There were no comments by the public.
Motioned by Councilmember Smith, seconded by . 0uncili
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:16 p.m.
Motioned by Councilmember
Downtown Office.
Motion approved 7-0.
7. A public hearing to coj
of Prosper Trail, 400fi
Bapti t GA urc. egarc
Wade Harden, Senior Plannerg,
Motioned by C uncilmember W
Motion approved 7-0.
Mayor Niswanger opengo the
There were no
by Co
at 6:18.
to opei;,_th ublic hearing.
ber Dugger'�fpfclose the public hearing.
to approve the requested zoning as
a request�to rezone 127.8f acres, located on the south side
arkway, to amend Planned Development-33 (Prestonwood
�quirements. (Z08-4) (WH)
information on this item.
by Councilmember Smith to open the public hearing.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Wadsworth to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:19 p.m.
Motioned by Mayor Niswanger, seconded by Deputy Mayor Pro-Tem Turley to approve item 7.
Motion approved 7-0.
Page 2 of 3
DEPARTMENT ITEMS
8. Consider and act upon 1) awarding the contract for Bank Depository Services to Independent Bank
and 2) approving a resolution authorizing the Town Manager to execute the same. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve item 8.
Motion approved 7-0.
9. Discuss the Town's quarterly investment report for the Quarter endi iWa ch 31, 2008. (MG)
Matthew Garrett, Finance Director, gave council background information andffirMered questions on this item.
Se
10. Consider and act upon 1) an Interlocal Agreement with the Prosper °idependent School District,
regarding the master plan development of the 57 acre Community Park. (WH)
• A `
Wade Harden, Senior Planner, gave council background information on this item.
Council discussed several issues they had with the way
Motioned by Councilmember Smith, seconded by Councilmember
Town Council meeting.
Motion approved 7-0.�•
11. Consider and act upon 1) an award of bid�to
S.P.S.D. Inc., regarding the construction seq
adopt a resolution auAthoSrlizin,5y7(g�the Town Mai
Wade Harden, Senior Planner;' gave council background
was worded.
ro-n to table the item until the May 13, 2008
v�••ti
, 2) enter a contract agreement with
o som Park Improvements Project and 3)
ite the" same. (WI)
ion on this item.
- CS R:
Motioned by CouncilmemM'bex'rfSY'mith, seconded by Councilm"ember Dugger to approve the bid to S.P.S.D., Inc. in
the amount of $549,896.'•s"
5 V
Motion approved �`.;+'° r :.•
��WA'.
12. Tpvn Managers ,Comments.
Mike.4L•and,•Town Manager, gay. uncil updates on items of interest to the council.
13. Possiblyydirect Town Staffto schedule topic(s) for discussion at a future meeting.
14. Adjourn.
Motioned by Councilmembe
xr19inith, seconded by Councilmember Drown to adjourn. Motion approved 7-0.
The meeting was adjourned at 7:06 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
Page 3 of 3
ISPER
PLANNING
P
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 13, 2008
Date: May 7, 2008
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and preliminary site plans acted on by the Planning & Zoning
Commission at their May 6, 2008 meeting. Per the Town's Zoning Ordinance, the Town Council
has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to
the Development Services Department for any site plan or preliminary site plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1. Preliminary site plan of La Cima Retail Center, approved 7-0 by the Planning & Zoning
Commission.
2. Revised preliminary site plan of Prosper Commons, Block A, Lots 2 and 4, approved 7-0
by the Planning & Zoning Commission.
3. Site plan of Prosper Commons, Block A, Lot 4, approved 7-0 by the Planning & Zoning
Commission.
4. Site plan of 208 West Broadway, approved 7-0 by the Planning & Zoning Commission.
Town Staff Recommendation:
Town staff recommends that the Town Council take no action based on the approval of the site
plans and preliminary site plans by the Planning & Zoning Commission.
Agenda Item No. 8b - Page 1 of 1
ISPER
PLANNING
P
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 13, 2008
Date: May 7, 2008
Agenda Item:
Consider and act upon an ordinance rezoning 0.8t acre (101 East Broadway), located on the
northeast corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to
Downtown Office (DTO). (Z08-5).
Description of Agenda Item:
At the April 22, 2008 meeting, the Town Council approved zoning case Z08-5 by a vote of 7-0.
Town staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The ordinance has been prepared. Review of
the ordinance by the Town Attorney is not required.
Attached Documents:
1. The Ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance rezoning 0.8t acre
(101 East Broadway), located on the northeast corner of Broadway Street and Coleman Street,
from Single Family-15 (SF-15) to Downtown Office (DTO).
Agenda Item No. 8c — Page 1 of 1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 08-_
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A
TRACT OF LAND CONSISTING OF 0.8265 ACRE, MORE OR LESS, LOCATED AT BRYANTS
ADDITION, NO. 1, BLOCK 9, LOTS 10, 11, 12 (101 EAST BROADWAY STREET), IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15
(SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and
determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from David Murry ("Applicant")
to rezone 0.8265 acre of land, more or less, located at Bryants Addition No. 1, Block 9, Lots 10, 11, 12 (101 East
Broadway Street), in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in the request
are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law,
and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of
such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and
beneficial to Prosper and its inhabitants to rezone this property as set forth below.
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as
follows: The zoning designation of the property containing 0.8265 acre of land, more or less, located at Bryants
Addition No. 1, Block 9, Lots 10, 11, 12 (101 East Broadway Street), in the Town of Prosper, Collin County, Texas,
(the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly described in
Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be
amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed
and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be
changed in any matter.
b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting
thereon all changes and subsequent amendments for observation, issuing building permits, certificates
of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information
purposes may from time -to -time be made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties within the District as
well as all properties within two hundred feet (200') of the District to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in
this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed
by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use
of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person,
firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under
this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing
day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force
and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being
commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 13th DAY OF MAY, 2008.
APPROVED AS TO FORM:
Charles Niswanger, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Matthew Denton, Town Secretary
DATE OF PUBLICATION. . Dallas Moming News — Collin County Addition
$s 8 Q W
m 0
��Q
$ R m Xo�
R >-w
o = Q o
�g �Q z
LLJ cn
o$ Hai$ o
a B s s gg z ry cn O m
�
� z m o
Sib o m V)
a 8 lug a �a N �j a-o
@ s � V
Li
133WS 77VU CE
�3�:Z_
11^^a. e/y�+ $ a
ids
LO n N
o z 0
0 3 LL- i/� Q
(n L� `n : U
< 8 1 -v ui
T.
U
Lam$
y s� cn�soo go sso
� � �° 8 uO �O c7 00000• U
E N m
o� P40p C $
MO?/ 0 09133MLS NVW37OO s
00,00Zte
M 00.00.00 N je
r
'o I —a« �Hai4i .Q
rc 8
m
af
11/^� 11l^ Op
a Y $
aTl
pE n L/i�.. � p Vyo � �.L
Z If1 V /�
I
PLANNING
PSPER
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 13, 2008
Date: May 9, 2008
Agenda Item:
Consider and act upon and ordinance rezoning 127.8t acre (Prestonwood Baptist Church),
located on the south side of Prosper Trail, 400t feet east of Dallas Parkway, to amend Planned
Development-33 (Prestonwood Baptist Church) regarding the landscape requirements. (Z08-4)
Description of Agenda Item:
At the April 22, 2008 meeting, the Town Council approved zoning case Z08-4 by a vote of 7-0.
Town staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
zoning request and adopting an ordinance rezoning property. A public hearing has been held and
the Town Council approved the zoning case. The ordinance has been prepared. Review of the
ordinance by the Town Attorney is not required.
Attached Documents:
1. The Ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance rezoning 127.8t acre
(Prestonwood Baptist Church), located on the south side of Prosper Trail, 400t feet east of Dallas
Parkway, to amend Planned Development-22 (Prestonwood Baptist Church) regarding the
landscape requirements.
Agenda Item No. 8d - Page 1 of 1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 08-
AN ORDINANCE AMENDING ORDINANCE NO. 06.114; REZONING A TRACT OF LAND
CONSISTING OF 127.829 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENTDISTRICT (PD-33) FOR
CHURCH -RELATED USES IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENTDISTRICT (PD-33) FOR CHURCH -RELATED
USES; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and
determined that Ordinance No. 06-114 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Jim Williams Jr.
("Applicant") to rezone 127.829 acres of land, more or less, situated in the School Land Survey, Abstract No. 147, in
the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in the request
are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law,
and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of
such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and
beneficial to Prosper and its inhabitants to rezone this property as set forth below.
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendments to Ordinance No. 06-114. Ordinance No. 06-114 Exhibit "C" Landscaping
section is amended as follows:
Landscaping:
Landscaping shall be provided in accordance with the Town of Prosper Zoning Ordinance No. 5-20, Chapter
4, Section 2, Landscaping. The intention of differing from the Town of Prosper Landscape Requirements is
to provide a clean, modem, campus -like appearance in harmony with the aesthetic of the building and to
enhance the serenity of the outdoor environment.
With the following exceptions:
1. Perimeter requirements
a. The use of small and large trees, in addition to a limited number of
shrubs in lieu of the shrub counts required in the Town Landscape
Ordinance shall be allowed as approved by Town Staff. Other
landscaped area requirements such as widths etc. shall meet the
zoning Ordinance.
2. Interior Parking Requirements
a. Landscaped areas may not be required to be protected by a raised six (6) inch
concrete curb.
b. Landscaped areas shall meet the minimum planting requirements
and are allowed to be grouped to the perimeter of the parking areas
in a tree lined walkway fashion as approved by Town Staff.
The development plans, standards, and uses for the Property in this Planned Development District shall
conform to, and comply with 1) The landscape plan for Phase I, attached hereto as Exhibit "A" and 2) the ratio of
plantings being proposed to substitute the shrub requirements for Phase 1 being expanded to the entire property.
Except as amended by this Ordinance, the development of the Property within this Planned Development
District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist
or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed
and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be
changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting
thereon all changes and subsequent amendments for observation, issuing building permits, certificates
of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information
purposes may from time -to -time be made of the official zoning district map.
Written notice of any amendment to this Planned Development District shall be sent to all property owners
within two hundred feet (200') of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in
this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed
by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use
of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person,
firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under
this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 06-114, or as amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 06-114
shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a
prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any
remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 13t" DAY OF May, 2008.
APPROVED AS TO FORM:
Charles Niswanger, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Matthew Denton, Town Secretary
DATE OF PUBLICATION. . Dallas Moming News — Collin County Addition
EXHIBIT "F"
To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Cc: Mike Land, Town Manager
Re: Town Council Meeting — May 13, 2008
Date: May 8, 2008
Agenda Item:
Consider and act on Mutual Aid contract for Collin County.
Description of Agenda Item:
Update Mutual Aid contract between Fire Departments in Collin County. The last contract was
dated back in the early 90's and needed to be revisited and updated.
Budget Impact:
N/A
Legal Obligations and Review:
Contract has been review by the Town's attorney. This contract is a year long project worked on
by the Fire Chiefs from McKinney, Allen, Plano and myself. This contract is a "Sign with no
changes" contract. This is the only way a county wide contract can work. This puts everyone on
the same playing field.
Attached Documents:
Collin County Mutual Aid Contract
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve the Collin County Mutual Aid Contract.
Item Number 8e Page 1 of 1
INTERJURISDICTIONAL
MUTUAL AID AGREEMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
This Mutual Aid Agreement ("Agreement") is entered into by, between and among Collin
County, Texas ("County"); local government entities; and organized volunteer groups providing
emergency response services located within or partially within the County (collectively, "the Parties").
RECITALS
The Parties recognize the vulnerability of the people and communities located within the County to
damage, injury, and loss of life and property resulting from Emergencies, Disasters and/or Civil
Emergencies and recognize that such incidents may present equipment and personnel requirements beyond
the capacity of each individual Party; and
The Parties must confront the threats to public health and safety posed by possible terrorist actions
and weapons of mass destruction and other incidents of man-made origin, and the threats to public health
and safety from natural emergency or disaster incidents, all capable of causing severe danger to life and
damage to property; and
The Parties to this Agreement recognize that Mutual Aid has been provided in the past and have
determined that it is in the best interests of themselves and their citizens to create a plan to foster
communications and the sharing of resources, personnel and equipment in the event of such Emergency,
Disaster or Civil Emergency incidents; and
Texas Government Code Section 418.109.(d), Authority to Render Mutual Aid Assistance, states
in part that "A local government entity or organized volunteer group may provide mutual aid assistance on
request from another local government entity or organized volunteer group"; and
The governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for
the protection of life and property in the event of an Emergency, Disaster and/or Civil Emergency; and
The Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with
Emergencies, Disasters and/or Civil Emergencies and are so authorized and make this Agreement pursuant
to Texas Government Code Chapter 791.027. Emergency Assistance of the Interlocal Cooperation Act;
Texas Government Code Chapter 418.111(c) Texas Statewide Mutual Aid System of the Emergency
Management Chapter, also known as the Texas Disaster Act of 1975; and Local Government Code
Chapter 362.002(b), Law Enforcement Assistance of the Law Enforcement Services Provided Through
Cooperation of Municipalities, Counties and Certain Other Local Governments Chapter; Local
Government Code Chapter 352.019, Cooperation With Other Fire Protection Agencies; Greater Dallas -
Fort Worth Regional Law Enforcement Interlocal Assistance Agreement; and
The Parties recognize that a formal agreement for Mutual Aid would allow for better coordination
of effort, would provide that adequate equipment and personnel is available, and would help ensure that
5/9/2008 - Final
Page 1 of 10-Interjurisdictional Mutual Aid Agreement
Mutual Aid is accomplished in the minimum time possible in the event of an Emergency, Disaster or Civil
Emergency and thus desire to enter into an agreement to provide Mutual Aid.
It is expressly understood that any Mutual Aid extended under this Agreement and the operational
plan adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other
applicable provisions of law, and except as otherwise provided by law that the responsible local official in
whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident
including the direction of such personnel and equipment provided him/her through the operation of such
Mutual Aid plans.
NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The recitals set forth above are true and correct.
2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the following
meanings:
A. AGREEMENT - this Interjurisdictional Mutual Aid Agreement, duly executed.
B. CIVIL EMERGENCY - an unforeseen combination of circumstances or the resulting
consequences thereof within the geographic limits of a given jurisdiction that calls for immediate
action or for which there is an urgent need for assistance or relief to protect the general citizenry.
C. DESIGNEE OF THE REQUESTING LOCAL GOVERNMENT ENTITY OR
ORGANIZED VOLUNTEER GROUP (DESIGNEE) — Designee(s), as approved by the
Emergency Management Director or the Authorized Official of a Local Governmental Entity or
Organized Volunteer Group, include:
• Emergency Management Coordinator
• Fire Chief
• Chief of Police
• Incident Commander
• City Manager or Assistant City Manager
• Town Administrator
• Dispatcher or other member of the requesting organization on behalf of one of the above
designees.
D. DISASTER - the occurrence or imminent threat of widespread or severe damage, injury, or
loss of life or property resulting from any natural or man-made cause, including fire, flood,
earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity,
epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or
paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas
Government Code), acts of terrorism, and other public calamity requiring emergency action.
E. EMERGENCY - any occurrence, or threat thereof, whether natural or caused by man, in war
or in peace, which results in substantial injury or harm to the population, or substantial damage to
or loss of property.
F. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment,
services, supplies, and personnel.
5/9/2008 - Final
Page 2 of 10 Interjurisdictional Mutual Aid Agreement
G. PARTY or PARTIES — means the local governmental entity(ies) or organized volunteer
group(s) that are signatories to and have agreed to adopt this mutual agreement.
H. RESPONDING LOCAL GOVERNMENT ENTITY OR ORGANIZED VOLUNTEER
GROUP (RESPONDING PARTY)— means a local governmental entity or organized volunteer
group providing mutual aid assistance in response to a request under the agreement, i.e. furnishing
equipment, supplies, facilities, services and/or personnel to the Requesting Party.
I. REQUESTING LOCAL GOVERNMENT ENTITY OR ORGANIZED VOLUNTEER
GROUP (REQUESTING PARTY) means a local governmental entity or organized
volunteer group requesting mutual aid assistance under this agreement for emergency work
resulting from a fire, emergency, civil emergency or disaster within its legal jurisdiction.
3. PARTY'S EMERGENCY MANAGEMENT PLAN (EMP). Each Party shall prepare and keep
current an emergency management plan for its jurisdiction to provide for emergency and/or disaster
mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government
Code or be a signatory to the Collin County Emergency Management Plan. The emergency management
plan shall incorporate the use of available resources, including personnel, equipment and supplies,
necessary to provide and/or receive Mutual Aid. The emergency management plan shall be submitted to
the Governor's Division of Emergency Management.
At minimum, each Party must document either in their EMP or separately, if a signatory of the Collin
County Emergency Management Plan, the following:
• Chain of Command
• Continuity of Operations Plan
• Response Capabilities and Plan
• Mutual Aid Request Procedures, and
• Recovery/Recall Process/Procedures
4. EMERGENCY MANAGEMENT DIRECTOR. The County Judge of the County and the
Mayor of each participating municipality in this Agreement shall serve as the Emergency Management
Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this
Agreement.
5. ACTIVATION OF AGREEMENT. This Agreement may be activated by:
(a) The Emergency Management Director of the affected Party after signing:
(1) A declaration of a local state of Disaster pursuant to Chapter 418 of the Texas Government
Code; or
(2) A finding of a state of Civil Emergency;
Or
(b) A determination by the Designee of the Party having jurisdiction that the incident, emergency, disaster
or imminent threat of an emergency or disaster is such that local capabilities are or are predicted to be
exceeded.
5/9 /2008 - Final
Page 3 of 10 Interjurisdictional Mutual Aid Agreement
The activation of the Agreement shall continue, whether or not a local Disaster declaration or state of Civil
Emergency is still active, until the services of the Responding Party are no longer required or the
Responding Party determines that its resources are needed within its own jurisdiction and officially
recalled.
6. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL AID. The Emergency
Management Director or the Designee of the Requesting Party may request Mutual Aid assistance by:
or
(1) submitting a written Request for Assistance to an Responding Party;
(2) orally communicating a request for Mutual Aid assistance to a Responding Party following a
mutually acceptable procedure.
Mutual Aid shall not be requested by a Party unless it is directly related to the Emergency, Disaster or Civil
Emergency and resources available from the normal responding agencies to the stricken area are deemed to
be inadequate, or are predicted to be expended prior to resolution of the situation. All requests for Mutual
Aid must be transmitted by the Emergency Management Director of the Requesting Party or by the
Designee of Requesting Party.
A. REQUESTS DIRECTLY TO RESPONDING PARTY: The Requesting Party may directly
contact the Emergency Management Director of the Responding Party or the Designee of the
Respondng Party and provide the necessary information as prescribed in Section 6.B. hereto.
B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance shall
be accompanied by the following information, to the extent known:
1) A general description of the incident, emergency, disaster, damage or injury sustained
or threatened;
2) Identification of the emergency service function or functions for which assistance is
needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation,
communications, public works and engineering, building, inspection, planning and
information assistance, mass care, resource support, health and other medical services,
etc.), and the particular kind and type of assistance needed;
3) The amount, kind and type of personnel, equipment, materials, supplies, and/or
facilities needed and a reasonable estimate of the length of time that each will be needed;
and
4) The location or locations to which the resources are to be dispatched and the specific
time by which the resources are needed; and
5) The name and contact information of a representative of the Requesting Party to meet
the personnel and equipment of any Responding Party at each location to which resources
are dispatched.
This information may be provided on a form designed for this purpose or by any other available
means.
C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER
ASSISTANCE. When contacted by a Requesting Party, the Emergency Management Director of
the Responding Party or the Designee of the Responding Party agrees to assess local resources to
5 /9/2008 - Final
Page 4 of 10 Interjurisdictional Mutual Aid Agreement
determine availability of personnel, equipment and other assistance based on current or anticipated
needs. All Parties shall render assistance to the extent personnel, equipment and resources are
deemed available. No Party shall be required to provide Mutual Aid unless it determines that it
has sufficient resources to do so based on current or anticipated events within its own jurisdiction.
D. INFORMATION REQUIRED OF THE RESPONDING PARTY. An Emergency
Management Director or the designee of the Responding Party who determines that the
Responding Party has available personnel, equipment, or other resources, shall so notify the
Requesting Party and provide the following information, to the extent known:
1) A complete description of the personnel and their expertise and capabilities,
equipment, and other resources to be furnished to the Requesting Party;
2) The estimated length of time that the personnel, equipment, and other resources will be
available;
3) The name of the person or persons to be designated as supervisory personnel; and
4) The estimated time of arrival for the assistance to be provided to arrive at the
designated location.
This information may be provided on a form designed for this purpose or by any other available
means.
E. SUPERVISION AND CONTROL: When providing assistance under the terms of this
agreement, the personnel, equipment, and resources of any Responding Party will be under the
operational control of the Requesting Party. These response operations shall be NIMS compliant
and as well as being organized and functioning within an Incident Command System (ICS),
Unified Command System (UCS), or Multi -Agency Coordination System (MACS). Direct
supervision and control of personnel, equipment and resources and personnel accountability shall
remain with the designated supervisory personnel of the Responding Party. The designated
supervisory personnel of the Responding Party shall: maintain daily personnel time records,
material records, and a log of equipment hours; be responsible for the operation and maintenance
of the equipment and other resources furnished by the Responding Party; and shall report work
progress to the Requesting Party. The Responding Parry's personnel and other resources shall
remain subject to recall by the Responding Party at any time, subject to reasonable notice to the
Requesting Party.
It shall be the responsibility of each Party to this agreement to achieve and maintain NIMS
compliance and to operate according to the Incident Command System at all emergency incidents,
joint training exercises and special events. All responding personnel must be qualified and
certified to perform the tasks assigned during mutual aid operations as determined by the current
NIMS compliance criteria.
F. MUTUAL AID PLAN. By their signatures below, each Party hereto certifies that it will
provide available Mutual Aid assistance under this Agreement in accordance with the North
Central Texas Multi -Agency Coordination Centre (Regional Disaster Resource Coordination
System) and the Texas Statewide Mutual Aid System. Additionally, each Party will develop a
continuity of government plan or continuity of operations plan (COOP) which specifies those
positions authorized to activate this Agreement.
G. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the
Requesting Party shall have the responsibility of providing food and housing for the personnel of
5/9/2008 - Final
Page 5 of 10 Interjurisdictional Mutual Aid Agreement
the Responding Party from the time of their arrival at the designated location to the time of their
departure. However, Responding Party personnel and equipment should be, to the greatest extent
possible, self-sufficient while working in the Emergency or Disaster area. The Requesting Party
may specify only self-sufficient personnel and resources in its request for assistance.
H. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall
have the responsibility for coordinating communications between the personnel of the Responding
Party and the Requesting Party. Responding Party personnel should be prepared to furnish their
own communications equipment sufficient only to maintain communications among their
respective operating units, if such is practicable. Upon arriving at the designated incident check -in
location, Responding Parties shall ensure that interoperable communications is coordinated or
facilitated by the Requesting Party. This includes confirmation of frequencies, talk group
assignments and radio protocols to be used on the incident. Radio protocols and procedures shall
be NIMS compliant.
I. RIGHTS AND PRIVILEGES: Personnel who are assigned, designated or ordered by proper
authority to perform duties pursuant to this Agreement shall continue to receive the same wages,
salary, pension, and other compensation and benefits for the performance of such duties, including
injury or death benefits, disability payments, and workers' compensation benefits, as though the
service had been rendered within the limits of the jurisdiction where the personnel are regularly
employed.
J. TERM OF DEPLOYMENT: The initial duration and special conditions of a request for
assistance will be specified by the Requesting Party, to the extent possible by the situation.
K. SUMMARY REPORT: Within ten working days of the return of all personnel deployed under
this Agreement, the Requesting Party will prepare a Summary Report of the incident, and provide
copies to each Responding Party. This may be a copy of the Incident Report completed by the
Requesting Party. The report shall, at a minimum, include a chronology of events and description
of personnel, equipment and materials provided by one Party to the other.
7. COSTS. All costs associated with the provision of Mutual Aid, including but not limited to
compensation for personnel; operation and maintenance of equipment; damage to equipment; medical
expenses; and food, lodging and transportation expenses shall be borne by the Responding Party for the
first eight (8)-hours that assistance is provided. Thereafter, all costs associated with the provision of
Mutual Aid, including but not limited to compensation for personnel; operation and maintenance of
equipment; damage to equipment; medical expenses; and food, lodging and transportation expenses shall
be paid for by the Responding Party and reimbursed by the Requesting Party at a reasonable and
documented cost. Requests for reimbursement for reasonable and documented expenses must be
submitted within ten (10) working days of the return of all personnel deployed under this Agreement.
Such request shall identify with specificity each service, labor, or equipment provided and the unit and
total costs associated with each. The Responding Party shall be responsible for creating and maintaining
for a period of three years a record of all costs incurred, both reimbursed and unreimbursed costs, in
providing aid under this Agreement. Such costs and reimbursements shall be paid from current funds of
the respective Party. All Parties acknowledge that unreimbursable costs incurred will not be subject to
reimbursement with any available federal funds.
8. INSURANCE
A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own
5i9i2008 - Final
Page 6 of 10 Anterjurisdictional Mutual Aid Agreement
actions and those of its employees and is responsible for complying with the Texas Workers'
Compensation Act.
B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own actions
and is responsible for complying with the Texas motor vehicle financial responsibility laws.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT
LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each Party
shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action
related to or arising out of or in any way connected with its own actions, and the actions of its
personnel in providing Mutual Aid assistance rendered or performed pursuant to the terms and
conditions of this Agreement. Each Party agrees to obtain general liability, public official's
liability and law enforcement liability, if applicable, or maintain a comparable self-insurance
program.
D. OTHER COVERAGE: The Responding Party shall provide and maintain their standard
packages of medical and death benefit insurance coverage while their personnel are assisting the
Requesting Party.
9. WAIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Except as
specifically stated in this agreement, each Party hereto waives all claims against the other Parties hereto for
compensation for any loss, damage, personal injury, or death occurring as a consequence of the
performance of this Agreement, except those caused in whole or in part by the negligence of an officer,
employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf
of itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this
Agreement and the performance of the covenants contained herein.
10. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to this
Agreement shall do so with funds available from current revenues of the Party. No Party shall have any
liability for the failure to expend funds to provide aid hereunder.
11. TERM. This Agreement shall become effective as to each Party on date of adopted as indicated
on the signature pages for each Party and shall continue in force and remain binding on each and every
Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a
period of one year upon the completion of the initial term and each subsequent term unless and until such
time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 20
of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the
continued operation of this Agreement between and among the remaining Parties.
12. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with
respect to the Mutual Aid to be rendered hereunder during or in connection with an Emergency, Disaster
and/or Civil Emergency. No other oral or written commitments of the Parties with respect to Mutual Aid
under this Agreement shall have any force or effect if not contained herein, except as provided in Section
18 below.
13. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the rendering and/or
receiving of Mutual Aid taken prior to the date of this Agreement.
14. OTHER MUTUAL AID AGREEMENTS. It is understood that certain Parties may have
heretofore contracted or may hereafter contract with each other for Mutual Aid in Emergency, Disaster
5/9/2008 - Final
Page 7 of 10-Interjurisdictional Mutual Aid Agreement
and/or Civil Emergency situations, and it is agreed that, to the extent there is a conflict between this
Agreement and any other such Mutual Aid agreement, the provisions this Agreement shall be superior to
any such individual or previously adopted Mutual Aid Agreement or contract. To assist each other in the
process of Mutual Aid response planning, each Party agrees to inform the other Parties of all Mutual Aid
Agreements that each Party has with other municipalities, entities, counties, and state or federal agencies.
Notwithstanding the foregoing, the Parties acknowledge that County may be a party to Mutual Aid
agreements similar to this Agreement with other counties, which counties have Mutual Aid agreements
with municipalities within their respective jurisdictions. The Parties hereto agree to provide Mutual Aid to
such other counties and municipalities upon request so long as there is a reciprocal agreement to provide
Mutual Aid to the parties to this Agreement and so long as the requesting county or municipality agrees to
reimbursement of the reasonable and documented costs of the Responding Party that provided Mutual Aid.
15. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the context
contemplated herein is a "governmental function and service" and that the Parties are "local governments"
as that term is defined herein and in the Interlocal Cooperation Act, Texas Government Code Chapter 791.
16. SEVERABILITY. If a provision contained in this Agreement is held invalid for any reason, the
invalidity does not affect other provisions of the Agreement that can be given effect without the invalid
provision, and to this end the provisions of this Agreement are severable.
17. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the
validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this
Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this
Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall
continue in full force and effect.
18. AMENDMENT. This Agreement may be amended only by the mutual written consent of the
Parties.
19. AGREEMENT REVIEW. The Collin County Fire Marshal shall cause a review of this
agreement every five (5) years unless other circumstances warrant a more frequent review.
20. TERMINATION. Any Party may at any time by resolution or notice given to all the other Parties
decline to participate in the provision of Mutual Aid. The governing body of a Party which is a signatory
hereto shall, by resolution, give notice of termination of participation in this Agreement and submit a
certified copy of such resolution to all other Parties. Such termination shall become effective not earlier
than 30 days after the filing of such notice. The termination by one or more of the Parties of its
participation in this Agreement shall not affect the operation of this Agreement as between the other
Parties hereto.
21. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto.
This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third
parties.
22. NOTICE. Any notice required or permitted between the Parties must be in writing, addressed to
the attention of each respective Chief Elected Official or authorized official of an organized volunteer
organization, and shall be delivered in person, or mailed certified mail, return receipt requested, or may be
transmitted by facsimile (fax) transmission.
5/91/2008 - Final
Page 8 of 10 Interjurisdictional Mutual Aid Agreement
23. WARRANTY. The Agreement has been officially authorized by the governing or controlling
body or agency of each Party hereto by order, ordinance or resolution and each signatory to this Agreement
guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind
the respective Party to this Agreement.
24. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this
Agreement. In the event of an Emergency or Disaster physically occurring within the geographical limits of
only one county that is a Party hereto, venue shall lie in the county in which the Emergency or Disaster
occurred. In the event of an Emergency or Disaster physically occurring in more than one county that is a
Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure.
25. HEADINGS. The headings at the beginning of the various provisions of this Agreement have
been included only in order to make it easier to locate the subject covered by each provision and
are not to be used in construing this Agreement.
26. SIGNATORIES. The Collin County Fire Marshal's Office shall be the official repository of
original signature pages of the Parties to this Agreement and will maintain an up-to-date list of those
Parties. Each Party will retain a copy of their own originally signed document and copies of signed
documents from every other Party to this Agreement.
**The Rest of this Page is Intentionally Left Blank**
519!2008 - Final
Page 9 of 10 Anterjurisdictional Mutual Aid Agreement
EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official
as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date
specified on the multiple counterpart executed by such entity.
Collin County, Texas:
NAME: Keith Self Date:
Signature:
County Judge
Local Government Entity or Organized Volunteer Group:
Prosper Fire Department
NAME: Date:
Signature:
Authorized Official of the Entity or Group
"The Rest of this Page is Intentionally Left Blank"
519I2008 - Final
Page 10 of 10-Interjurisdictional Mutual Aid Agreement
ADMINISTRATION
Regular Meeting
Prosper Town Council
May 13, 2008 - 6:00 p.m.
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Xc: Mike Land, Town Administrator
Re: Annexation of approximately 101.572 acres of land generally located north of
Hwy 380 and west of Gee Road.
Description:
N.W. 380 & 423 L.P. has submitted a petition for the voluntary annexation of approximately 101.572
acres of land generally located north of Hwy 380 and west of Gee Road. Staff will prepare a service
plan and schedule the two public hearings to receive input on the annexation of the property. The
hearings are tentatively scheduled for June 10, 2008 and June 24, 2008.
Recommendation:
Staff recommends that Council accept the petition for annexation.
Agenda Item No. 8f - Page 1 of 1
JA
a, JIl
1. 1: t, z 2
z
SZ
Z.
Mi-
I m
zi -2 .-.Z I i - . - _: tr.
hia is ia :a,-. it
Lf 2: 141 .. .2 is go
z ZO
;i;9i tu z
NWO F vi g ig A
IRV!- jia-
Q!ir 8 24 t; ! 21 SZ: --il Z it a-- -
iff • P;T
;pj"
N
Ki -i- A a aA
it Uz zz 04.- p
H j- 9 -:N OR d if. zz
IRS
x 0 0
tJ
f
PLANNING
p
T SPER
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 13, 2008
Date: May 8, 2008
Agenda Item:
A public hearing to consider and act upon a request to rezone 80.74t acres, located on the north
east corner of Prosper Trail and Coleman Street, to amend Planned Development-24 (Ariana
Estates) regarding the thoroughfare screening requirements. (Z08-6)
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land Use Plan
North
Single Family-10/15
Single Family
Medium Density
Residential
East
Single Family
Single Family
Medium Density
(PD-31)
Residential
South
Single Family-10
Single Family
Medium Density
Single Family-12.5(PD-30)
Residential
West
ETJ
Single Family
Medium Density
Residential
Requested Zoning — Z08-6 is a request to rezone 80.74t acres to amend Planned Development-
24 (Ariana Estates) perimeter landscape and hardscape requirements. The property is located on
the north east corner of Prosper Trail and Coleman Street (see Zoning / Location Map). The
Planned Development-24 was originally approved by the Town Council on June 28th, 2005.
Agenda Item No.10 - Page 1 of 2
Summary:
The proposed amendment to PD-24 removes the requirement for the perimeter hardscape to
have a 100% wrought iron or decorative metal fence and allows for a combination of wrought iron
fencing with masonry sections detailed with planter boxes and decorative plantings. As proposed
in a sample design submitted by the applicant (see attached), the masonry sections are recessed
from the wrought iron sections providing variations in depth creating more visual interest.
Ariana Estates has an approved final plat and the request conforms to the Future Land Use Plan.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Legal review by the Town Attorney is not required. Zoning is discretionary. Therefore, the Town
Council is not obligated to approve the request. Notification was provided to neighboring property
owners as required by State law. Staff has received three reply forms, with none in opposition of
the request.
Attached Documents:
1. Zoning / Location Map
2. A copy of Ordinance No. 05-51 (PD-24 / Ariana Estates)
3. Public hearing notice reply forms.
4. The zoning application
5. Sample Photos & Landscape Elevations
Planning & Zoning Commission Recommendation:
At their April 15, 2008 meeting, the Planning & Zoning Commission approved a motion by Dixon,
seconded by Dupont to approve the item subject the proposed landscape plan being adopted in
the Planned Development ordinance, the solid portion of the screening wall must consist of split
face CMU or stone, and the capstones must be shown on the approved plan as per on the
approved plan. Motion approved 4-2. Jones and Johnson voted in opposition.
The proposed amendment has been revised to address the conditions of approval as motioned by
the Planning & Zoning Commission.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the amendment to Planned Development-
24 (Ariana Estates) Exhibit C section F, Planned Development Standards as proposed:
Exhibit C of the Planned Development Standards:
F. Lots backing or siding to Prosper Trail and/or Coleman Street shall include a wrought iron or
fence and masonry wall combination within ten (10) foot landscape lots along the
property line adjacent to the thoroughfare. A solid living screen of evergreen shrubs shall be
planted along the wrought iron sections and decorative plants shall be installed within inset
planter boxes of the masonry wall sections. arm-sCanopy trees thirty (30) foot centers shall be
provided between the lots and the adjacent
thoroughfare. The trees shall be located along the property line adjacent to the thoroughfare. A
sidewalk shall be constructed within the landscape buffer so that the trees are located between
the sidewalk and the adjacent thoroughfare. This landscape area shall incorporate mechanical
irrigation and shall be owned and maintained by the Ariana Estates Home Owners Association.
Agenda Item No. 10 - Page 2 of 2
vv4ti
�I
14
--?R MPER-TRL
m e0m�
"-AOGA-W3'W*Y-S1
I licl eqi a so
4 F
TOWN OF PROSPER, TEXAS
ORDINANCE NO.05.51
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A
TRACT OF LAND CONSISTING OF 80.57 ACRES, MbRE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT -SINGLE FAMILY-10112.5 (PD-SF-10112.5); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the °Town Council") has investigated and
determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (°Prosper') has received a request from Axxium Land
Development, L.L.C. ("Applicant`) to rezone 80.57 acres of land, more or less, situated in the Collin County School
Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in the request
are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law,
and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of
such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and
beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein. _
SECTION 2: Amendments to Zonina Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as
follows: The zoning designation of the below -described property containing 80.57 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas,
(the °Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Planned Development -Single Family-10/12.5 (PD-SF-10/12.5). The property as a whole and the boundaries far each
zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for al!
purposes as if set forth verbatim.
4
The development plans, standards, and uses for the Property in this Planned Development District shall
conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit V; 2) the planned
development standards, attached hereto as Exhibit "C"; 3) the conceptual development plan, attached hereto as
Exhibit'D"; and 4) the Development Schedule, attached hereto as Exhibit "E'; which are incorporated herein for all
purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this
Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper,
as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed
and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be
changed in any matter.
b. One (1) copy shall be filed with the building inspector and shall be maintained up-to-date by posting
thereon all changes and subsequent amendments for observation, issuing building permits, certificates
of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information
purposes may from time -to -time be made of the official zoning district map.
Written notice of any amendment to this Planned Development District shall be sent to all property owners
within two hundred feet (200') of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in
this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed
by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use
of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person,
firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under
this Zoning Ordinance.
SECTION 5: Pena . Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing
days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION fi: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: SavingslRenealing Clause, Prosper's Zoning Ordinance No. 05-20 shall remain in full force
and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being
commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 28th DAY OF JUNE, 2005.
APPROVED AS TO FORM:
Charle arrger, r
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jennings, wn Secretary
DATE OF PUBLICATION. V_&-_fZ&CDa11as Morning News —Collin County Addition
A
DESCRII''3'ItIN OF AN OM ACS2 TgACT 4F LAND
ffMATW h CoJlla C7ounW- TWOW In the Cogan COMW sc M LMW ft'wi4 Ab *W No,147 bdi * a pwdm Of
a Owed 00 737 ' ' Of bW deeded 1a a deed *oat 9m K. hb om ctd W Donald 8 GWwb wd wW Cam+
shred ft 15, IM, MoriW In VOMM 44", tie ZtX bft dole" by steles and k m o I as
fibibm
P�BGIt►il�itl at t In heels h+oa rMd I aoraeO, edd poled ba S S8 aorlbeset Oo"w cfasld S&737 =m howl, afd
beiag in tM oast likes of d called 119A"8 tale et" Of land dmwdY tO JWM W Sbaadaa, es zaoaded to 4W
aeON" In VObme S06Z7, Pqp 2434 sftloe grad 11,om& Of Colib CMNW, TOM sad b ft the aeethasat comer
Of a NOW 80 aMre treat of IMA OOfvayed ay lames W. SSsmsb8% by Deed Xwar&d is Vabm SM Page 2434 Of
2w Dud zagoedo ofCaft Coady, Tablas;
T11RNM Soo& 01 do& 01 min. 11 yea. Bak the we Un of add cdW K737 we hack smem bal ig the,
week BOG of sold Os11ed 1 IOAM no treat and whh a haiM t dispanee of 13" SW to a im pin tend iR the
oaOR of C.R. 48, beft dw mxdlaeat odmar of said W737 am tenet; and bt to Coft Cain► 28d97 um
R XW„ weeded is Volume 4Oti9► Pep "I, cffte Deed I mw& Of O: ft Codn y. Traces, and bsiag the MaRlatartit
Omm Of ft mid celled 114AM sere used
of ,add 3.8 dt& test a dfe4q+ee Of 10.dZ bm � 8raad ibr Oa�gaad No. 48 sad whh the
wtm the math !ma of =W IsM � diemmioo of 1d86.O$ im m s pX mo � h to �
S Mm Hlgbq W 20 D21k , It 69 Bomb aeMsaer O(MM 2AW Mare heat, sad said 80.737 alas bv;� sod In the oast
Tint of a 0.8ti38 am tract of,sad eoerwaysd to POW Slot by deed zeowM is Vah me 4847, Page 3380, of *A
Deed Stow& of Collin Coanty, Tan M
7Hl M Norm 01 deg O8 sMb. 44 sac. west, dM tan oealOr UN Of sWd Haig 20 9010 11 moue Or 11$4 VM The
T'ad NO Ofadd ftM M737 sae Ow sad *04" MOOfISM Otalled0.8638 a=% mod doama he Oft cdW UP
Om that Of kAd Oatwyad so WX POm by deed R000ded bt DoMp od Na. 014Wl4m aft* Dad lteootds
of Conk CONW- 7*0% and 60 Oeatt tine Of MO 08010 Of had called 1.174 sae tact Of lmd cotvgW to POW
litd#, by Dada Rowded is VOhmre 3140. Page 3113, ad Vohme In% Page 789, Of the deed taw& ofdaft
COMV, Teases, Mad the MA 8mf of a C&OW 280 sere 010 Of had cmveged to Tbmn &A by Deed RoomM In
VWmme 448% Page I ft of tiro Deed Pmor& of Catm1 CamW. IWUW OW-ft Oast We oft glued 0.727 am W of
of had aosveF4d eo the Jd m li HHL by Deed RsOw" b Vokm 4381, Page ISM oftbo Deaf a mds of Canis
CMW- TO N06 mid the eat lift Of ftut Of C61W OMI ado tree of land omve od m Gary lames, by Deed
Rsm t bd is Duafinea NO.924M42344 and the OOet time Of a Called C172 ease, as 100*d b Vokm 3232, Pop
631, sod 90 east 00 Of s called 1.00 alas V Mt Of Mad Oomr p d to Kma W.131VA by DaW Rmaded iq IyOMeetmm
W 97.MO4229, a &' moe Of 1328.1S GM 4 In hwh has rod,bend Om me aozdmM arw of asd called $0.737
acre t wk amd bdsg 60 ZaoadiO A Wnw Of add allied 1.00 no tract, Mad bdag ft sea bow coda-, of a called
101-M sore NW of lamd amtvayad eD P1+ WW West Pubmddp, by Dead RuMed is Vokm 4WR, PW 2294
MW st the OoaWeavest oarua of said Jam W. ShmWm cdW 80 adds frost
Tgmvcx Nat 88 deg SI t*. 29 taw. Ink amfy wo the coo* time Of mdd wiled 80.737 we hoot, and do
00 Sae 4faeid 9mobstt wWd 80 sae teas: a ttl0at0e gf4b3.74 mat w a In ineb hms rod sat fir osentet,
Ti11ME Nw* 80 deg 33 anb. S0 am B94 =Zdmft DoWly WI& the search Haw Of" allied 80.737 afro tract
stet the OoaW lase of said Sea sailed 80 sate tract; a dlewaOe OF 6OS.O1 ilmt eo a ll2 bs8a ham zed sat !br
O M WP
P-3527Lgd pays 1 oft
7'M= No* $8 deg. 32 m kL 20 sec. EPK cow OuMbr wM the mr0e tme of said oeihd $9 797 sae tee
and the mu& floe of said Mmmkm caned 80 am fro4 a dim= of 409411bet t►i a lf2 inch iron red sea: lbr
com
? MWM Nw* 88 dear SS ntm. 27 sec. fit, eaa OtY W6 the =* 1me of add caned 20 737 we react,
and do south be of said Srtewhm coned So aaro tee a durance of 43232 fat to a P2 bmb iron rod set lbr
aot>uq;
THEMM Nara 89 deg. 34 min. 05 aea gem, emOt whh Ow a&* Hera ofodd ceded 30.137 acre toM
eed the sondt liaa Of sold Smobe cW bd 80 cane treat' a diof 32SM to to a U2 ieb Aron or d set fir
mn"
12HUM NO* 89 4eg. 04 eam.18 sea �, coo hag ' wl� the etoalil liras flf seW oalied 80.737 sane
end the south 1me of aaW Smw&m cdled 80 aces NNA, a Mom of 21S.60 an to a 1/2 isab hm trod sat lbr
Garner;
'1 tERB Nomh 89 deS. 26 mie. 30 M. Pert, c Y w10t Ow math lice of MW odbd K737 an ftK
and fee sue& tea of ON Skuw ms asWd 80 acre fret, a db=w of 19= sot to go poW op 1Ssf3MNtIW
sad ooem�detg 80.�7 saes of oor�etsd Btnd.
IM .S. No. JOBS
i► 39271,sad
Pft*2 oft
13N•W601008SOSA N IIVV13 smar SsoV3 AM
b . L9L£-969 ,It 9L9Z-969 ftZ SYj 1LAMW MO0 ygd80Nd JO I!!Qi
0 0 B 9zz" SW".L •9v lv0 y i y 9 R
o 3
Ln9 7nN]nv v..QN9wY rL£Y f/r 'SSI -AXAM S SAW7 70omss -W R1770 @8 E
r Y i 1N]Wd073N0 v ONO133NIOHM -OH", nd T-ROX SM *"j1OS LIM T. 4mia[p
E 0Xl d40tf9 9XI1711SN00 sear 51771d Y&dSOxd i
■
w L" 4 tp- O�
2,Y(U7nowv Sl -a o W 2 h O
h Zee av tsnV s AWS 2rkr rams
W
r eer
bs 2
V �
�Q Q Q nil k �.mm.wa. D,i
^ l
y h 1� q e� z•. .tr sm.. y
ti Z 2 a
ti
l7 W W ti 0
Z N I
2 2 t
O O O W
� ti
of ..e.r,...
IY Alms
Y p ■ R C
7VLLN30/S3! ILOUP iw
a
-------------� y ~
'- s
t i
pa .cn � .w vs h.uw at ws
EXHIBIT "B"
Statement of Intent and Purpose
Our intent for this tract is to develop it into a Master Planned Single Family
Development with a recreational center and a series of lakes. We propose to provide
single family lots starting with a minimum of 10,000 S.F. and increasing in size to
15,000 S.F. +.
The developer is also a custom home builder and plans to construct most if not all of
the homes, insuring the highest level of architectural control and home construction
quality control. The project will be developed in two (2) or three (3) phases depending
on market demand, with two (2) to three (3) different product types and sizes. We
propose an overall maximum density of 2.7 lots per acre.
Our purpose is to provide single family homes with on -site recreational amenities,
lakes and additional landscaped parkways within one community ranging in price from
$250,000 to $1,000,000 plus.
214 696-2828 6324 BANDERA AVE., SUITE D, DALLAS, TEXAS 75225 214 696-3282 Fax
Exhibit C
Planned Development Standards
A. The overall density of this project shall not exceed 2,72 units per acre or a total
of 211 single family lots.
B. Tract 1 of this property (the area bounded by Coleman Street, Prosper Trail,
proposed Superior Avenue, and proposed Michigan Avenue) shall be developed
with a maximum of 77 lots under the regulations of the Single Family-10 (SF-
10) District as outlined in the Town of Prosper Zoning Ordinance 05-20 as it
exists or may be amended.
C. Tract 2 pf this property (the remainder of the property) shall be developed with
a maximum of 134 lots under the regulations of the Single Family-12.5 (SF-
12.5) District as outlined in the Town of Prosper Zoning Ordinance 05-20 as it
exists or may be amended, subject to the following amendments:
1. Minimum lot area: 12,000 square feet.
2. Minimum. lot width: 80 feet.
3. Minimum lot depth: 125 feet.
4. Front building line: 25 feet.
5. Side building line: 8 feet, 15 feet adjacent to a side street.
6. Rear building line: 25 feet.
D. Block C, Lot 38, as shown on the attached Exhibit D, shall be developed as a
recreational area with a lake, clubhouse, pool, and other amenities. The
recreational area shall be developed in conjunction with Phase 1 of the
development.
E. All multiple car garages shall be oriented to a left or right entry with no front
entry orientation. Should there be a single car garage that must face the street, it
shall be set back an additional 10 feet from the front setback line and the garage
door fagade shall blend with the exterior masonry.
F. Lots backing or siding to Prosper Trail and/or Coleman Street shall include a
wrought iron or decorative metal fence along the property line adjacent to the
thoroughfare. A solid living screen of evergreen shrubs and canopy trees on
thirty (30) foot centers shall be provided within a ten (10) foot landscape buffer
located between the lots and the adjacent thoroughfare. The trees shall be
located along the property line adjacent to the thoroughfare. A sidewalk shall
be constructed within the landscape buffer so that the trees are located between
the sidewalk and the adjacent thoroughfare. This landscape area shall
incorporate mechanical irrigation and shall be owned and maintained by the
Ariana Estates Home Owners Association.
G. All site plans, home designs and building, accent and landscaping materials
shall be of the highest quality and will be subject to review by the
"Architectural Control Committee" set forth by the Ariana Estates Home
Owners Association prior to commencement of construction.
k
� o
�+a
Rzr
9 u 3 Oi 'd1 096 f
h ! �
W a's g
p
x
0 of o
.cW"v -MW sl _,s
►f►r 'Jd -OW_ ion
N
t'1 Q
°Yjj ,ygW V W V
i
I <n�4iclri o
< u
mi"?"
c7 N
H
s�N CCY11 1 I Icr3 f?
'LiF
<�u JJJ �O
rn�
ary
N
m 0- U W
Y K
m a.
iC�..UU�Y1 ZO
N Jdinai
S
We
2
O
yq
g W
0
c
000
J J J Q Z
--
!x e
KCS Od TM 'IDA
�
N11M Hd1Va
(MON ,as)
zoos Togs 7a
h N
y 1MOtls 7t 531MVMJ
LS'Od 'l 3 AMIa
AUVd A3tla13r
k
Dort yd 'fagWlls 'wn
0
AVtl '3 Sfg
c�
N � �1
CIO -Od %M -10A
"' Ann 'd inwd
Sogf Z9gs 'ion
` rt
H
o s3HonH v HA1Igrr
I
c
9ttf Od 's9/S rH
p
�+ 1naLS a AOOP
y
213H71SIV! 103 O Ma3
(Moil .69)'
9f90 'Od '1019 'ion
• sno3loom 5 SOSY61wSvH3
m
(aoa ,os)
—r
( 133bU P 1SV3) 91 tl 3 01 3191
�o
ARYANA ESTATES
Exhibit E
Planned Development Schedule
A. Phase i is scheduled to begin construction August 1, 2005 with home
construction beginning December 1, 2005.
B. Phase 21s scheduled to begin construction July 1, 2006 with home construction
beginning November 1, 2006.
C. Phase 3 is scheduled to begin construction June 1, 2007 with home construction
beginning October 1, 2005.
D. All lot sales are expected to be closed by years end 2010.
PISPER
OWN OF
REPLY FORM
PLANNING DEPARTMENT
P.O. Box 307
Prosper, TX 75078
Phone: 972-348-502
Fax: 972-347-9000
SUBJECT:
Zoning Case Z08-6: The Town of Prosper has received an appluation to rezone 80.26t acres to amend Planned
Development-24 (Ariana Estates) Perimeter landscape and hardscape requirements.
LOCATION OF SUBJECT PROPERTY:
The party is located on the north east corner of Prosper Trail and Coleman Strea
DESCRIPTION OF THE REQUEST.
The requested zoning would amend the perimetar landscape and handscape requirements to allow for portions of
the perimeter screening to be a combination of evergreen trees with a wrought ion fence in conjunction with
masonry wall segments with planter boxes.
o I OPPOSE the request as described in the notice of public hearing.
p( I DO NOT OPPOSE the request as described in the notice of pubrrc hearing.
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
Name (Please print)
75 7e
Cikyr,State, and Zip Code
Signature
E-mal Address
p TOWN ER
REPLY FORM
PLANNING DEPARTMENT
P.O. BOX 307
Prosper, TX 75078
Phone: 972-M-M2
Fax:972-347-9006
SUBJECT:
Zoning Case Z08.6: The Town of Prosper has received an application to rezone 80.26t acres to amend planned
Development 24 (Anna motes) perimeter landscape and hardscape requirements.
LOCATION OF SUBJECT PROPERTY:
The property is located on the north east comer of Prosper Trail and Coleman Street
DESCRIPTION OF THE REQUEST:
The requested zoning would amend the perimeter landscape and hardscape requirernents to allow for portions of
the perimeter screening to be a combination of evergreen trees with a wrought iron fence in corqunc ton with
masonry wall segments with planter boxes.
o I OPPOSE the request as described in the notice of public hearing.
eat I DO NOT OPPOSE the request as described in the notice of public hearing.
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
Name (please print)
/69fo,P41-L#' AZVY-0 `/el
Address
L?96", 27y, y U
City, State, and ZIP Code
E-mail Address
TOWN OF PLANNING owaRT+��eT
PP E R.O. Box �107
Prosper, TX 75Q7'8
MOM M-M- 02
Fax: 972 3474MM
REPLY FORM
SUBJECT;
Zuft Case ZA84: The Taws of Prosper has reoelvsd art 4#MUM b reaone 80.26± acmes to emend Warmed DewbPrnent-24 (Adana ) p lwxbcge and h dscape mquh ments,
199A N OF SUBJ@%--
The propab► b laud on the rmM east co m of Prosper Trat1 and fir Street.
Q1SMPTwOFMRP
ARM -
The per zoning woud amend the P cpe kndand hasdscaPe t�drements fb �Iow for WOM of
sr g b be a combfra t 'of 6"roraen trees wi6 a wrOW# bon fence In =*MC6Dn vM
namm wall sgpw is vft plaErber banes.
a 1 OPPOSE the rmPA$t asdescttbed in in noft of VAk hu".
I DO NOT OPPOSE the mpAgt as dewdbed In ft nofioe of public hm tg,
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
► .,4
Ciiyr, b`tate, and Zip Code
+--I A
Date
IhA - • c I W'
� Address
r 11 08 02:34p Mark C. Webb
2146963282 p.1
TOWN OF PROSPER ZONING APPLICATION
rIO au MW-. R wr&W aRObsibn, &5e aaadcant is anonwapnd to d ere zvnirw request wJtR the t7 rocrr:ent3ervioss DbAerinterli eadarea
prapwttyowreea andH�ts.
i
Nameaf SubldivilsWatDeveloptwC 4 a I4wA
stneyNetwom_ weo. Ar Abstaefa>" I TnuxlF
Lccm%notPmpdiy oc A+ r 4 dPWdCe Total o.
PtwrtZenirr0 M►ansaj p if muitlple ®.hide)_ P D 1buW*vae zonln4 W =wW ttawx* dlmVk sl: P D
S SF /o//Z.5-
r_
o Rwxm ft-
Pleenedueretopemat (Arn�1 •EiJ/D�h, �
0 8paeHtoiJeePenert ;
o Verionee ;
TOM Fan ;
App
o Fro (5) copies of aMbeb peperwd in a000ndt m w1h the mrdeg, planned dwtopewK spKft use pemeh, emdlbr vmim olteddsl
o Appicdm fees
o Notiiceft Miele, podw woftbo L end poafaw
o Tex smkmerd for the subject property dw wtM no de1quvo tams.
Cuwmt tPmp" 0wnei'a Neese .fi2C2 { 6( dj f= N*0 A-'- V E'X 01 °A9 Ede
sftdAddress. CGy, stab, (0 9 O pJ;' W-- A A S S 2 $
Phi: f 2 23 / - Foo `r 3 0 S�k Alex to o* S QcC:co B!m, NE T
Apolawft Now rcongsaay:-5
sheen Address, Cigr, Aft IIa
Pltltr� Fmk E-Mitt
laaptroaentethe'a Nara 1 caonf,em:1�7 �[c� ltI E B $ �W e B B C ONSU Z I-/A,G 6 Ro k oo, .SNc-
mg & 3Z 4 QD DOW1 AS 2 2 S
Php 2 /4 log? G S Z$ Fa*
� 3 2 15
T E-Me�1r�Y�C W S S BCGGo BA<. A/ET
THE STATE OFIVS-�Oh
COUNTY OF
�t v�tr-
tfEFORfE W a Notary Fabric; on this day paraortafgy appeared :n G li%Al3ute undersigned eppfxant, who,
tmdoroO, attend the fdlowfrtg: 1 herel y oar% that I am the owner, or day aWltoreaed agent of the caner, for the praposea of this
eppiicabrr, that all kdbrmabn m A iffed herein Is true end correct.' ,
Omm, Apftm* er RWewttdvo —ttC
SUBSCRBED AND SWORN TO before me, this of
ME NowloinandfortheStab ofT
only
DeswpGm c(Zo tg Request Ai7" /Z si I�MaC1 A,,t.A r �i 26,,1n)i Ca VJ
Receipt 9
DoW
SittrWtLffe of Town Staff Data of Aaoeptence of Applicalfan
• 15
m ON
li --j
CD CA
oN
oo
CD
m u% m
Do .o
01 CD CA
MA raf 1JR£ 2+9159
b
UI
O'
a
2 95
NF-
V
W
3+00
e
py
r
O
C1
P
^
V
N
P
N
n
oG
V
O
D
O
r
I�
zOi
;cc
A
0
s
o
N
O
o
-
A
t—
F -1
r
o
D
rn
C
. A
fV
Z
Z
A
CD
v
to
<
`
Z
o
o
cl
�
3.75
r
9
e
Ln
70
A
e
NDx
P
x
p,
m
'
o
fF9
c
b
UI�
N1
r
,.0O
n
00
m
®
O
Lo
P
®
N
O
C3
J
td
r-
C3
a•20
s�
r
ib
MATOH LML 4+M25
li
OD
OD �D
e.� WEBB CONSULTING GROUP, INC.
LANDSCAPE PLAN
A
PIAMURG ZWIDIEf0 t DRYALAFKM
AR ANA ESTATES, PHASE 1
�n
uu MwlWa,c•
COWN CNTY SCHOOL LAND SURVEY A85 '41
TOWN OF PROSPER, COLON COUNTY TEXAS
'
xr
61 LOTS DEL LOPED R) PO-24 SF 10/12.5 STANDARDS
swlE r 9 OF
mm
as
ON
as
ON
Tl
Lfl
o
CA
o
can
m
�T
0
7o
t�-'rj�
1 1
D
4+50
2
mm
1 1
J
4+67
— -
0
tj
3
r
m
x
Z
A
�
Cl
Z
4+93.6
d
s+Oo
5+I3S
END WALL A'
-
V
00
U1
0
o
ul
16-
Awcte LUYE I+Sa2j
N ° ;Oj O
CD
r
0
+
w
0
r-1
7C
M
o
G� 6cP.
.9
n
6kq �cc
9
10,02
r
0
r
MB CONULTIN SG GROUP, INC.
ax� DE�oPlm17
LANDSCAPE PLAN �n
ARIANA ESTATES, PHASE 1
cauN ONTY. SCHOOL LAND SURVEY. ASS. 147=
i01N1 OF PROSPER. COLLIOLLIN COUNTY, iE7lAS.5.
x�v xn
61 LOTS AEKLOPED TO Po-24-SF-10,^2.5 STANDARDS
14
SHEET !0 OF —
I
;ISPER
OWN OF ADMINISTRATION
To:
Mayor and Town Council
From:
Mike Land, Town Manager
Re:
Town Council Meeting — May 13, 2008
Date:
May 9, 2008
Aoenda Item:
Consider a Resolution authorizing the Town Manager to engage Freese & Nichols to perform an
analysis of the Town of Prosper's non-residential development standards.
Description of Agenda Item:
Per Council's directive, staff has received a proposal from Freese and Nichols to perform an
analysis of the Town's existing and proposed non-residential development standards. This
analysis will include a competitive analysis of the cost of development comparing the Town of
Prosper to surrounding communities. Based on the schedule provided, the analysis should be
complete by the end of July, 2008. The proposal has been reviewed by the Prosper EDC's
Executive Director as well as by the Prosper Developers Council.
As a result of these discussions, the PEDC and Developers Council will be contributing funds to
the project. The Developers Council has predicated their participation on the creation of a steering
committee to directly participate in this process. Their recommendation is that the committee
consists of three representatives from the Town and three representatives of the Developers
Council who collectively will be making a recommendation to the Council for final consideration.
The Town has an existing Professional Services Agreement with Freese and Nichols. Because
this agreement is already in place, this vehicle allows Staff the opportunity to get this project
moving quickly by taking advantage of the contract already existing between the two parties.
Council will see that as part of the proposal Freese and Nichols will be bringing to the team an
architect who will be providing specific cost analysis of current and proposed building design
issues.
Budoet Impact:
The estimated cost of the project is a range between $15,000 and $20,000 to complete this
extensive study. Based on discussions with the PEDC and the Developer's Council the cost of the
project will be divided between the three groups with the Developers Council contributing up to
$5,000. The Town's portion will be paid for through Development Services Professional Fees.
This is not a budgeted item in the 2007-2008 Budget and a budget amendment will need to be
made to cover this cost.
Agenda Item No. 11 - Page 1 of 2
Legal Obligations and Review:
NA — The Town already has an existing Professional Services Agreement with Freese and Nichols.
Attached Documents:
1. A resolution authorizing the Town Manager to engage Freese and Nichols on behalf of the
Town of Prosper to perform an analysis of the Town of Prosper's non-residential
development standards.
2. A proposal from Freese and Nichols to perform an analysis of the Town of Prosper's non-
residential development standards.
Town Staff Recommendation:
Town staff recommends that the Town Council approve authorizing the Town Manager to engage
Freese and Nichols through its existing professional services agreement with the Town to perform
an analysis of the Town of Prosper's non-residential development standards as they exist and as
proposed. Staff also recommends that a steering committee consisting of four representatives of
the Town (including PEDC) and three representatives of the Developers Council be appointed to
work with Freese and Nichols through this process. The committee's charge will be to work with
Freese and Nichols in the review phase of the project and based on the information presented,
make a recommendation to the Council. Staff recommends the Development Services Director,
the Town of Prosper's Economic Development Director, Senior Planner and Building Official serve
as the Town's four representatives.
Agenda Item No. 11 - Page 2 of 2
Freese and Nichols
Non -Residential Development Standards Analysis
Proposal
For
The Town of Prosper
May 13, 2008
Schedule:
• Present Project Team/Project Schedule/Study Approach to Town Council for
Comment/Direction: April 22
• Revise/Firm up scope and contract for approval by the EDC based on comments
received at Council meeting
• Contract Agreement approved at next regularly scheduled EDC Meeting : May 21
Special meeting by EDC can speed this phase up.
• Study Starts: May 22 — see statement above
• Draft study submitted to EDC/Town Staff: June 20
• EDC/Town Staff Review/Comment Period: June 20—July 7.
Include a Council work session in this period
• Final Study Submitted to EDC/Town Staff: July 18
Proposed Team:
• Freese & Nichols
o Kevin Johnson, P.E.—Project Manager
• Pritchard & Associates (Sub to FNI)
o http://pritchardassociates.com
o Extensive private sector development management experience in the local area
in the commercial, retail, industrial, and medical sectors.
o Will perform the cost estimates for the structures based on the requirements set
forth in the various municipalities non-residential design standards. Freese and
Nichols wanted to utilize a development firm that "is in the business" to generate
structure costs.
Established relationship with Freese and Nichols, Inc.
Project Scope:
• Non -Residential Development Standards
• Freese and Nichols will research local non-residential development standards,
fees structures, and permit structures as required for the case studies listed
below, and break them down into components that can then be incorporated into
a cost impact comparison.
• The following case studies (or locations where the prototypical developments
would take place, and what standards would be applied) will be studied;
• Town of Prosper Existing Non -Residential Development Standards
• Town of Prosper Proposed Non -Residential Development Standards
• Town of Prosper Conceptual Green Building Ordinance — Assume
identical to Frisco
• City of Celina Non -Residential Development Standards
• City of Frisco Non -Residential Development Standards
• City of McKinney Non -Residential Development Standards
• Collin County
Typical Development Projects
The following "standard development projects" will be applied to the seven (7)
location/standards case studies listed above
• Stand Alone Big Box Development
• Retail Strip Center
• Office Building
• Industrial Building
Freese and Nichols will generate a "narrative" description of the four (4)
development projects to include
• Square footage of the building, use, and typical building construction
• Water meter(s) size
• Base value of the development (for use in determining some building
permit fees)
• Land area required for minimum standards (includes footprint of the
building, parking, and circulation based)
• No site plan will be developed for the study. The basic characteristics of
the building that control basic costs can be described in simple narrative
format. It is noted that actual development will vary based on the
shape/topography of the actual site, but for comparison purposes of this
study, generalities will be used for all cases.
The standard development project will serve as the common base for the following cost
areas listed below;
* Land Area Required
■ This will be a comparison of required land area because of parking
regulations, lot sizes, etc.
o Development Review Fees
o Building Permit Fees
o Impact Fees (Water, Wastewater, and Roadway as required by the municipality)
o Tap Fees
o Inspection Fees
o Opinion of Probable Construction Costs (OPCC) for structures
■ This cost will only be for the structure based on the requirements set
forth in the various standards. It is assumed that all horizontal work such
as pavement thicknesses, drainage, basic landscaping, and site utilities,
are similar between the communities being studied and any differences
will be assumed minor and therefore not included in the cost comparison.
In general the cost comparison will be summarized into a comparative matrix for the
Council/EDC/Town staff to see the comparison of the different scenarios. The following
table is a representative example of the final comparison. In addition to the final
comparative matrix a study memorandum will be prepared. If the Town prefers,
additional effort could be added to prepare the study for a "marketing -type" package to be
used when discussing potential developments. The current building/development
standards of Prosper will be used as the baseline for comparison costs.
Case Studies
Development
Prosper
Prosper
Prosper
Collin
Cost Area
(Existing)
(Proposed)
(Green
Celina
McKinney
Frisco
County
Ordinance)
Land Area
Impact
Development
Review Fees
Building
Permit Fees
Water Impact
Fees
Wastewater
Impact Fees
Roadway
Impact Fees
Tap Fees
Inspection
Fees
Increase in
Structure
OPCC
Compared to
Least Costly
Structure
Proposed Fee:
• 1 propose the fee to be a cost plus format with a not to exceed value of $20,000. 1
think the cost is more in the ballpark of $15,000 but because of the unknowns in the
development/building standards differences between the cities, it is hard to tie down
an exact fee without doing significant more research.
Thanks,
Kevin Johnson
Cell (214) 802-0435
TOWN OF PROSPER, TEXAS
RESOLUTION NO. 08-xxx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER,
TEXAS, TO EXECUTE A NON-RESIDENTIAL DEVELOPMENT STANDARDS
ANALYSIS BETWEEN THE TOWN OF PROSPER AND THE FREESE & NICHOLS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a Non — Residential
Development Standards Analysis between the Town of Prosper and Freese & Nichols.
SECTION 2: Resolved by affirmative vote of the Town Council on the 131h day of May,
2008.
Charles Niswanger, Mayor
ATTEST:
Matthew D. Denton, TRMC
Town Secretary
ENGINEERING
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting — May 13, 2008
Date: May 9, 2008
Agenda Item:
Consider and act upon 1) approval of a Right of Way Services Agreement with Property
Acquisition Services, Inc., regarding the removal of Business SH 289 (US 380 to SH 289) and
FM 1193 (Business SH 289 to SH 289) from the Texas Department of Transportation's roadway
network and 2) adopt a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
With the development of the new Prosper High School on the southeast corner of Business SH
289 (Coleman) and the BNSF Railroad, the realignment of Coleman Street as depicted on the
Town's Thoroughfare Plan is proposed to be constructed in front of the school. In order to
facilitate the realignment of Coleman Street and the proposed connection with existing Business
SH 289, Business SH 289 must be taken off the state's roadway network. To take a portion of a
state roadway off the state's roadway network, the entire section of the state roadway from one
state roadway to another state roadway has to be removed. For instance, to serve the needs of
the High School and new Coleman Street, Business SH 289 could be removed from the state's
roadway network from SH 289 to FM 1193 (Broadway) but with the proposed development of
the Gates of Prosper it makes sense to remove the entire length of Business SH 289 from the
state's roadway network at this time. The effect of removing the entire length of Business SH
289 from the state's roadway network would leave FM 1193 without a connection to another
state roadway and therefore must also be taken off the state's roadway network.
The attached agreement with Property Acquisition Services, Inc., will provide the following
services necessary to accomplish this task:
• Coordinate with the Dallas District Right of Way Section of the Texas Department of
Transportation (TxDOT) on the removal process.
• Contract with a surveyor to provide the necessary legal descriptions and exhibits of the
affected property to TxDOT.
• Obtain an attorney's opinion regarding adjoining property vesting.
• Contact adjacent property owners to discuss the project and its purpose.
• Obtain appraisals of proposed surplus property.
• Monitor project progress through the Texas Transportation Commission in Austin.
• File all necessary paperwork with the County Clerk for recordation as approved by the
Dallas District Right of Way Section of the Texas Department of Transportation.
Agenda Item No. 12 - Page 1 of 2
Budget Impact:
The $25,550 was not anticipated in the 2007-2008 budget but is recommended to be charged to
the Engineering Division's Professional Services Account. (10-5410-98)
Legal Obligations and Review:
None
Attached Documents:
The following documentation is being provided for review:
• Site Plan for Prosper High School
• Town of Prosper Thoroughfare Plan
• Right of Way Services Agreement
• Resolution authorizing the Town Manager to execute the agreement
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve a Right of Way Services Agreement
with Property Acquisition Services, Inc., regarding the removal of Business SH 289 (US 380 to
SH 289) and FM 1193 (Business SH 289 to SH 289) from the Texas Department of
Transportation's roadway network and 2) adopt a resolution authorizing the Town Manager to
execute the same.
Agenda Item No. 12 - Page 2 of 2
Property
Acquisition
Services, Inc.
PAS, Property Acquisition Services, Inc
Scope of Right of Way Services
For
The Town of Prosper, Texas
After a review of the project(s) with the Town of Prosper (TOWN) and receiving an authorization
to proceed, PAS, Property Acquisition Services, Inc. (PAS) will proceed with the Right of Way
Project (PROJECT) as assigned. The appropriate Specialist will:
• submit in writing to the Dallas District Right of Way Section, a request
identifying the prospective purchaser, address, and telephone number
• will supply TxDOT a general location map — showing the exact quadrant in the
Town where the property is located
• will supply 9) adjoining property owned and 2) property or access requested
• will furnish deed(s) of both State's property and the adjoining property,
• will supply the whole right-of-way map page, map title page whereby State acquired
property in question.
• as required by TxDOT, periodically send to the State a letter to proceed with process,
at the State's request.
Once the request is processed, PAS will proceed with the following tasks when requested by
TxDOT.
SURVEY
• Hire an RPLS to complete the survey in the State's format
• Provide field notes and parcel sketch (2 originals signed/sealed/dated), closure
sheet, State/adjoining deeds.
• Supply TxDOT with the Survey and obtain and approval of the survey.
ATTORNEY'S OPINION REGARDING ADJOINING PROPERTY
• Obtain an opinion that states all adjoining property owners and the exact name(s) in
which title is vested
• PAS will furnish as a representative of the Town on the State's form and upon
TxDOT's request the opinion for review.
LETTERS OF CONSENT FROM OTHER ADJOINING LANDOWNERS
• PAS will contact adjoining owners, which must waive their right to buy the adjoining
land, to discuss the Project and its purpose.
APRAISAL OF PROPOSED SURPLUS PROPERTY
0 Obtain appraisal by an approved fee appraiser in State's format
V
rtyon
Services, Inc.
SUBMISSION TO TEXAS TRANSPORTATION COMMISSION
• PAS will monitor the progress of the file as it proceeds with the process of obtaining
Commission Approval for the transaction.
CLOSING OF THE SALE OR EXCHANGE
• PAS, upon receipt of the fully executed instrument(s), prepare a submission to
Austin. (if funds exchange is required)
• PAS will coordinate with the District to file the necessary paperwork with the County
Clerk for recordation of all instruments and request an updated title commitment and
the title policy
Upon closing of the file to the satisfaction of the Client, PAS will maintain its work papers for a
period of three (3) years after final voucher.
PAS, Property Acquisition Services, Inc. submits the not to exceed amount of fifteen thousand
dollars ($15,000.00) for its services in conjunction with all three (3) options, in addition to the
charges of PAS the City will need to obtain a survey, appraisal, and review appraisal report all the
functions are done outside of our firm. However as indicated on the following price breakdown,
we have obtained pricing from some sub -consultants that work within the Dallas area, said total
pricing for the sub work is estimated at ten thousand five hundred and fifty dollars ($10,550.00).
It is PAS' intention to work on all three (3) options simultaneously with all work associated with
the options being billed at an hourly rate, except for the items as described in "Project Related
Expenses" in the attached rate schedule. If unforeseen circumstances arise, that would cause
PAS' fees to exceed the fifteen thousand dollar ($15,000.00) plus the ten thousand five hundred
and fifty dollar ($10,550.00) threshold, PAS will notify the Town before proceeding with any
further work.
Personnel proposed on the Project and projected hours spent will be billed according to the Rate
Schedule attached. (Not all personnel may be necessary to complete the assignment)
Town of Prosper, Texas: PAS, Property Acquisition Services, Inc.:
Signature
Print Name
Signature
Print Name
Title Title
Date
Date
a
Property
Acquisition
Services, Inc.
PAS, PROPERTY ACQUISITION SERVICES, INC.
HOURLY RATE SCHEDULE
The Hourly Rate Schedule is based on a per hour basis respectively. PAS will be paid at the rates
per service or employee shown below. The Town will reimburse PAS for actual, project -related
expenses at the rates set forth below.
PAS will submit monthly invoices for services provided through the end of each month to the
Town, accompanied by an explanation of charges, professional fees, services, and expenses.
The Town will pay such invoices according to its normal payment procedures, but in no event
shall such payment exceed thirty days of the date of the invoice.
TITLE HOURLY FEES
Principal...................................................................... $150.00 / hr
Project Management...................................................... $125.00 / hr
Right of Way Specialist .................................................. $ 95.00 / hr
Title Specialist.............................................................. $ 75.00 / hr
Administrative Specialist ................................................ $ 50.00 / hr
All salary classifications may not be necessary on every project.
PROJECT RELATED EXPENSES (Billed as a pass through cost in addition to the Hourly fees
above)
• Survey $6,000.00
• Appraisal $3,500.00
• Appraisal Review $ 550.00
• Title Policy
AUTOMOBILE EXPENSES
Automobile expenses for miles driven on the project shall be reimbursed at the rate allowed by
the IRS per mile.
MISCELLANEOUS PROJECT RELATED EXPENSES
a) Recording fees
b) Other expenses authorized by the TOWN in the performance of the Scope of Services.
`This estimate is based upon an assumption that the State of Texas owns the property in fee and
the State will require one negotiation, appraisal and survey for the entire project. However, it is
our understanding that the roadway was built on easements and unless the State retains implied
rights to the property, which the road is constructed on, the total project cost may increase
drastically as a result of the numerous owners on the project.
Property Acquisition SJervices, Inc,
Right of Way Services Agreement
Exhibit
! Bus 289
HSr•s ••
t '
CO
!� �..�..� .... .♦�rrrsr■:rrrrrar���r��..�r■ N
E. Coleman! _
CO
Z
iir■■
`■_�iilr
Option 2
ti� 05/08/08
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A RIGHT OF
WAY SERVICES AGREEMENT REGARDING THE REMOVAL OF
BUSINESS SH 289 (US 380 TO SH 289) AND FM 1193 (BUSINESS SH
289 TO SH 289) FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION'S ROADWAY NETWORK, BETWEEN PROPETY
ACQUISITION SERVICES, INC., AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Right of Way Services Agreement regarding the removal of Business SH 289 (US 380 to
SH 289) and FM 1193 (Business SH 289 to SH 289) from the Texas Department of
Transportation's roadway network, between Property Acquisition Services, Inc., and the
Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of May, 2008.
Charles Niswanger, Mayor
ATTEST TO:
Matthew Denton
Town Secretary
To:
From:
Cc:
Re:
Date:
Agenda Item:
PARKS A
RECREATION
Mayor and Town Council
Wade Harden, Sr. Planner
Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Town Council Meeting — May 13, 2008
May 8, 2008
Consider and act on a resolution designating the Town Manager as the project
official/representative to act on behalf of Town in dealing with Collin County for the purpose of
participating in the Collin County Parks and Open Space Assistance Program; and authorizing
the submittal of a grant application for program assistance.
Description of Agenda Item:
Staff with direction from the Parks and Recreation Board (PARBd) is in the process of drafting
an application to be submitted to the Collin County requesting funds to assist in the
development of the 57 acre park site at Frontier Parkway. The Program provides 50% matching
funds. The maximum grant awarded by the County has been in the amount of $500,000. The
application process requires that the Town Council approve a resolution authorizing submittal of
the application and designating a project representative as a point of contact for program review
and performance. The attached resolution designates the Town Manager as the representative
and authorizes him to submit the application. The deadline for submittal is July 8, 2008.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
There are no legal obligations or review by the Town Attorney required.
Attached Documents:
• Resolution
Parks and Recreation Board Recommendation:
At their April 24, 2008 meeting, the PARBd requested staff maximize the Collin County Parks
and Open Space Grant in the amount of $500,000.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution authorizing the Town
Manager to submit an application to the Collin County Parks and Open Space Program for
partial funding toward the development of the 57 acre park site.
Agenda Item No. 13 - Page 1 of 1
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY DESIGNATING THE TOWN MANAGER
AS PROJECT OFFICIAL / REPRESENTATIVE TO ACT ON BEHALF
OF THE TOWN IN DEALING WITH COLLIN COUNTY FOR THE
PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS
AND OPEN SPACE GRANT PROGRAM (HEREAFTER REFERRED TO
AS "GRANT PROGRAM"); AND AUTHORIZING THE SUBMITTAL OF
AN APPLICATION FOR PROGRAM ASSISTANCE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
designated as the Project Official / Representative to act on behalf of the Town in
dealing with Collin County concerning the Grant Program.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to make application to Collin County for funding assistance under the Grant
Program for development of the project known as the 57 Acre Park.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of May, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
PARKS &
RECREATION
To: Mayor and Town Council
From: Wade Harden, Sr. Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 13, 2008
Date: May 8, 2008
Agenda Item:
Consider and act on a resolution designating the Town Manager as the project
official/representative to act on behalf of Town in dealing with Texas Parks and Wildlife
Department (TPWD) for the purpose of participating in the TPWD Outdoor Recreation Grant;
and authorizing the submittal of a grant application for program assistance.
Description of Agenda Item:
Staff with direction from the Parks and Recreation Board (PARBd) is in the process of drafting
an application to be submitted to the Texas Parks and Wildlife Department requesting funds to
assist in the development of the 57 acre park site at Frontier Parkway. The Program provides
50% matching funds. The maximum amount which may be applied for is $500,000. The
application process requires that the Town Council approve a resolution authorizing submittal of
the application and designating a project representative as a point of contact for program review
and performance. The attached resolution designates the Town Manager as the representative
and authorizes him to submit the application. The deadline for submittal is July 31, 2008.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
There are no legal obligations or review by the Town Attorney required.
Attached Documents:
• Resolution
Parks and Recreation Board Recommendation:
At their April 24, 2008 meeting, the PARBd requested staff maximize the TPWD Outdoor
Recreation Grant in the amount of $500,000.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution authorizing the Town
Manager to submit an application to the Texas Parks and Wildlife Department Outdoor
Recreation Grant Program for partial funding toward the development of the 57 acre park site.
Agenda Item No. 14 - Page 1 of 1
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY DESIGNATING THE TOWN MANAGER
AS PROJECT OFFICIAL / REPRESENTATIVE TO ACT ON BEHALF
OF THE TOWN IN DEALING WITH THE TEXAS PARK AND WILDLIFE
DEPARTMENT (HEREAFTER REFERRED TO AS "TPWD") FOR THE
PURPOSE OF PARTICIPATING IN THE TPWD GRANT PROGRAM;
AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR
PROGRAM ASSISTANCE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
designated as the Project Official / Representative to act on behalf of the Town in
dealing with TPWD concerning the TPWD Grant Program.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to make application to TPWD for funding assistance under the TPWD Grant
Program for development of the project known as the 57 Acre Park.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of May, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
1OSPER
WN OF
To: Mayor and Town Council
From: Mike Land, Town Manager
ADMINISTRATION
Re: Discuss and give direction to HOK for the Gateway Enhancement Project.
Date: May 13, 2008 Council Meeting
Agenda Item•
Discuss and give direction to HOK for the Gateway Enhancement Project.
Description of Agenda Item:
Staff did not receive the presentation from HOK in time to put it in the packets. Staff will email
or deliver the presentation on Monday or Tuesday.
Budget Impact•
N/A
Attached Documents:
None
Board. Committee and/or Staff Recommendation:
Discuss and give direction to HOK for the Gateway Enhancement Project.
Agenda Item No. 15