09.09.2008 Town Council PacketISPER
OWN OF
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Prosper ISD Central Administration Building
605 E. Seventh Street, Prosper, Texas
Tuesday, September 9, 2008 at 6:00 p.m.
3. Announcements of dates and times of upcoming community events.
4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit:
a. Section 551.072 to deliberate regarding real property for parks and recreation and a Town Hall site.
b. Section 551.087 to deliberate regarding economic development negotiations regarding the Prosper
West project.
C. Section 551.074 to deliberate the evaluation of the Town Manager.
5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
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.)
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
August 26, 2008 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance for the voluntary annexation of approximately 11.925 acres of land
located in the Collin County School Land Survey, Abstract No. 147, Collin County and being more
generally located west of Coleman Street and +1750' south of Prosper Trail. (MD)
C. 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)
d. Consider and act upon an ordinance rezoning 11.3f acres, located on the west side of Coleman Street, 200t
feet south of Eagle Lane, from Agricultural (A) to Commercial (C). (Z08-10). (CC)
e. Consider and act upon an ordinance rezoning 0.6t acre (508 East Broadway Street), located on the
southwest corner of Broadway Street and Field Street, from Single Family-15 (SF-15) to Downtown Office
(DTO). (Z08-12). (CC)
Page 1 of 3
f. Consider and act upon an ordinance rezoning 2.1f acres, located on the southwest corner of Prosper Trail
and Robison Creek Drive, from Single Family-15 (SF-15) to Single Family-12.5 (SF-12.5). (Z08-13). (CC)
g. Calling two public hearings for October 28, 2008 and November 4, 2008 for the involuntary annexations of
a 33.658 acre tract of land located north of Hwy 380 and 1720' west of the North Dallas Parkway, a 9.619
acre tract of land located west of the North Dallas Parkway and 1990' south of West First Street, a 19.960
acre tract of land located on Dallas North Parkway and 445' south of West First Street, a 29.684 acre tract
of land located north of West First Street and 350' west of Dallas North Parkway, a 80.031 acre tract of
land located north of West First Street and east of Dallas North Parkway, a 12.561 acre tract of land
located south of West First Street and 891' east of Dallas North Parkway, a .0935 acre tract of land located
east of Coleman Street and 671' south of First Street, a 1.999 acre tract of land located west of Preston
Road and north of East Broadway Street, a 21.464 acre tract of land located west of Preston Road and
1340' south of Prosper Trail, a 151.078 acre tract of land located east of Preston Road and west of Coit
Road and 1554' south of Prosper Trail, a .069 acre tract of land located in the William Butler Survey
Abstract Number 112, a 32.667 acre tract of land located north of First Street in the Larkin McCarty Survey
Abstract Number 600, a 6.787 acre tract of land located in the Larkin McCarty Survey Abstract Number
600 and the Jeremiah Horn Survey Abstract Number 411, and a 3.876 acre tract of land located west of
Custer Road in the Jeremiah Horn Survey Abstract Number 411.(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.)
7. 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 items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to amend Section 2.05 of Planned Development-9 (PD-
9), regarding the requirements for emergency access, containing 339.7f acres, located on the west side of
Custer Road, 100f feet north of First Street. (Z08-14). (CC)
9. A public hearing to discuss the Town of Prosper proposed 2008-2009 tax rate. (ML)
10. A public hearing to consider and act upon approval of an ordinance approving a negotiated resolution with
Atmos Energy Corp., formerly TXU Gas Company, regarding the Atmos Rate Review Mechanism filing
and adopting tariffs reflecting rate adjustments consistent with the settlement. (MG)
DEPARTMENT ITEMS
11. Discuss and give an update on the Town's Personnel Policy. (ML)
12. Consider and act upon a change order #2 to S.P.S.D., Inc., for the Folsom Park Improvement Project. (WI)
13. Discuss and give direction on the Board and Commission appointment process. (ML)
14. Town Manager Comments.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Page 2 of 3
16. Adjourn.
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, September 5,
2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
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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
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:07 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper ISD Central Administration
605 E. Seventh Street, Prosper, Texas
Tuesday, August 26, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -
Kenneth Dugger, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Hulon
Copple, Senior Planner; Matthew Garrett, Finance Director; V&
Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Carter Morris, Prestonwood B
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of
Mike Land, Town Manager,
Thursday, August 28, 2008
Parks and Recreation Boardnn
p.m. "A
EXECUTIVE SESSION
C1
Sectio
West i
5. Recd&,ene into
6. Consent
MINUTES
any Smith, Deputy Mayor Pro -Tern
ctor of Deve pment Services; Chris
Senior Plann or;tand Matthew Denton,
events.
there would beairieetingnregirding the widening of Prosper Trail on
nwood North :Campus. Mike also announced there would be a special
ugust 28, 2008'a the Prosper ISD Central Administration Building at 6:00
Anincompliance with Section 551.001 et. seq. Texas Government Code,
to deliberate regarding economic development negotiations regarding the
take any action necessary as a result of the Closed Session.
a. Consider and act upon minutes from the following Council meetings. (MD)
• August 12, 2008 — 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)
Page 1 of 6
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 amending the Zoning Ordinance (Chapter 3, Sections 1 and 2)
creating a definition for a wind energy system and prohibiting a wind energy system in all zoning
districts. (Z08-9). (CC)
FINANCIALS
d. Consider and act upon the financial statements ending July 31, 2008.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Mayor Pro-Tem S. th"to approve the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
rj
7. Other Comments by the Public. r; $
Cathy Blozis, 1311 Amistad Drive, asked the council to re' mit the request to get a light at Edina Blvd. and
380. Mik"., A*..,.
REGULAR AGENDA
DEPARTMENT ITI
8. Consider anc
Town of Pro:
Manager to e
Wade Harden, Senior
Mike McClung, 1400
Lloyd Mills, 490 Clou
Mike Hamilton, 1070
John Hickey,7-04,W:1;
Casey Cra�w�f6rd, 650
John Pa�golos 5225
Rich 'ickj 1401 Ce
Marcy Gouger, 870
Scott Scher, 98�Woo1
Soccer Association and the
ution authorizing the Town
M.
Ids.
Is as game fields.
elds.
using Folsom as game fields.
Motioned by Couirdi member Vestal, seconded by Mayor Pro-Tem Smith to enter into a user agreement between
the Prosper Area Soccessociat n and the Town of Prosper, regarding the use of Folsom Park and adopt a
resolution authorizing the¢�ow Manager to execute the same.
Motion approved 6-0.
9. Consider and act upon a resolution acknowledging the Town's intent regarding the improvements at
Folsom Park. (WI)
Wade Harden, Senior Planner, gave council background information on this item.
Mike McClung, 1400 Cedar Springs, spoke against having the lights on the fields.
Page 2 of 6
Motioned by Councilmember Vestal, seconded by Councilmember Wilson to approve a resolution acknowledging
the Town's intent regarding the improvements of Folsom Park with the following conditions.
1. Town's Intent not to allow league game play on the site.
2. The requirement for athletic leagues to enter into contract with the Town prior to using the location for
organized practice functions.
3. Town's intent to keep six permanent soccer goals on the site.
4. Town's intent to remove all bleachers from the location.
5. Town's intent to revisit the option of removing the sports lights on or about December 31, 2010 and/or
whenever the 57 acre park becomes active, whichever comes first.
Motion approved 4-2 with Mayor Pro-Tem Smith and Deputy Mayor Pro-Tem Dugger voting "no."
10. Consider and act upon 1) an Escrow Agreement regarding the timing of construction of various turn
lane improvements to serve the Prosper Plaza Project and 2) adopt a resolution authorizing the
Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this.ite
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Mayor Pro-Tem Smith to approve an Escrow
Agreement regarding the timing of construction of various turn lane improvements to serve the Prosper Plaza
Project and 2) adopt a resolution authorizing the Town Manager to execute the same, subject to review by the
Town's Attorney.
Motion approved 6-0.
11. Consider and act upon 1) an Interlocal Cooperative Agreement between the City of McKinney and
the Town of Prosper concerning the construction of various turn lanes at the northwest corner of
US Highway 380 and FM 2478, Custer Road (FM 2478) from Stonebridge Drive to US 380
Improvements and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Councilmember Miller, seconded by Deputy Mayor Pro-Tem Dugger to approve an Interlocal
Cooperative Agreement between the City ofoMcKinney an� the Town of Prosper concerning the construction of
various turn lanes at the northwest corner of US Highway 380 and FM 2478, Custer Road (FM 2478) from
Stonebridge Drive to US 3.80 Improvements and 2) adopt a resolution authorizing the Town Manager to execute the
same, subject to review by the Town's Attorney.
Motion approved 6-0.
12. Consider and act upon 1) an Interlocal Cooperation Agreement between Denton County and the
Town of Pros
per regarding the maintenance of roads in Denton County and 2) adopt a resolution
authorizing the Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Councilmember Wilson to enter into an Interlocal Cooperation
Agreement between Denton County and the Town of Prosper regarding the maintenance of roads in Denton County
and 2) adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 6-0.
13. Consider and act upon a change order #1 to JRJ Paving, Inc, for the US 380 / Coit Road Right Turn
Lane Project. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Page 3 of 6
Motioned by Mayor Pro-Tem Smith, seconded by Deputy Mayor Pro-Tem Dugger to approve the Change Order # 1
in the amount of $4,319.07 to JRJ Paving, Inc., for the US 380/Coit Road Right Turn Lane Project.
Motion approved 6-0.
PUBLIC HEARINGS
14. A public hearing to consider and act upon a request to rezone 11.3f acres, located on the west side of
Coleman Street, 200f feet south of Eagle Lane, from Agricultural (A) to Commercial (C). (Z08-10).
(CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro-Tem Smith, seconded by Councilmember Vestal to
4Rf%fhe public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:30 p.m.
There were no comments by the public.
Motioned by Mayor Pro-Tem Smith, seconded by Deputy
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:
Motioned by Deputy Mayor Pro-Tem
11.3f acres, located on the west side of
Commercial (C).
Motion approved 6-0. m_
A public hearing
located on they
(SF-15) to Down1
Chris Copple, Senior Planner,
Motioned by Deputy 1
Motion approved 6-0.
to close the
hearing.
approve a request to rezone
one, from Agricultural (A) to
to rezone 0.6f acre (508 East Broadway Street),
reet and Field Street, from Single Family-15
seconded by Mayor Pro -Tern Smith to open the public hearing.
Tern Dugger, seconded by Mayor Pro-Tem Smith to close the public hearing.
Motioned by Mayor Niswanger, seconded by Councilmember Vestal to approve the request to rezone.
Motion approved 6-0.
16. A public hearing to consider and act upon a request to rezone 2.1f acres, located on the southwest
corner of Prosper Trail and Robison Creek Drive, from Single Family-15 (SF-15) to Single Family-
12.5 (SF-12.5). (Z08-13). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Page 4 of 6
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:36 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:37 p.m. ;
Motioned by Councilmember Miller, seconded by Deputy Mayor Pro-Tem Dugger to approve a request to rezone
2.1f acres, located on the southwest corner of Prosper Trail and Robison Creek Drive; from Single Family-15 (SF-
15) to Single Family-12.5 (SF-12.5).
Motion approved 6-0.
17. Presentation of Service Plan and second public hearing to consider the voluntary annexation of
approximately 11.295 acres of land located in the Collin County School Land Survey, Abstract No.
147, Collin County and being more generally located west of Coleman Street and +1750' south of
Prosper Trail. (MD),�
Matthew Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Smith to open .the public hearing.
Motion approved 6-0.
w,.;:..
nMa or Niswanger opened the public hearing at 8:38 p.
J,
There were no comments by the public.
Motioned by Deputy Mayor Piro=Tem Dugger, second by Councilmember Miller to close the public hearing.
Motion approved 6-0.
18. A public hearing to discuss the Town of Prosper proposed 2008-2009 tax rate. (ML)
Mayor Niswanger read the following statement:
Following the Budget Proposal by the Town Manager during our August 12`h meeting, the Town Council
voted u ananinously to advertise the Town Manager's proposed tax rate equal to the current tax rate of $0.52
per $100 of taxable appraised values.
This is the first of two public hearings to discuss the tax rate. The second public hearing is scheduled for
September 9, 2008 at 6:00 pm at this same location now referred to as the Prosper ISD Central
Administration Building.
The Town Council will take a vote on the tax rate and budget at a meeting scheduled on September 16,
2008 at 6:00 pm in the Prosper Fire Station Training Room located at 1500 East First Street.
Motioned by Mayor Pro-Tem Smith, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:40 p.m.
Page 5 of 6
There were no comments by the public.
Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Smith to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:41 p.m.
19. Town Manager Comments.
20. Possibly direct Town Staff to schedule topic(s) for discussion at a
Deputy Mayor Pro-Tem asked for the status of the light at 380 and LaCima B
that the application for a light at Coit/380 be resubmitted.
A A.
21. Adjourn.
Motioned by Mayor Pro-Tem Smith, seconded by Councilmemmbbe %sVestal%'to adjourn.
Motion approved 6-0.
The meeting was adjourned at 8:51 p.m.
Attest:
Matthew D. Denton,
Town Secretary
addressed. Dugger also asked
Charles Niswanger, Mayor
Page 6 of 6
;1OSPER
WN OF
p
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
CC: Mike Land, Town Manager
ADMINISTRATION
Regular Meeting
Prosper Town Council
September 9, 2008 6:00 p.m.
Re: Annexation of approximately 11.295 acres of land generally located west of
Coleman Street and +1750' south of Prosper Trail.
Description:
Council accepted the petition for the voluntary annexation of approximately 11.295 acres of land
generally located west of Coleman Street and +1750' south of Prosper Trail at their July 22,
2008 meeting. Two public hearings regarding the proposed annexation were conducted by
Council at their August 12, 2008 and August 26, 2008 meetings. Following is an ordinance to
annex the property.
Recommendation:
Staff recommends approval of the ordinance to annex the property.
Agenda Item No. 6b - Page 1 of 1
TOWN OF PROSPER, TEXAS
ORDINANCE NO.08-xxx
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY
11.295 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED WEST OF
COLEMAN STREET AND +1750' SOUTH OF PROSPER TRAIL MORE OR LESS IN
COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS
OF THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND
BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER
ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town of Prosper ("Prosper") received a request from Charles
Winikates., to annex a tract of land containing approximately 11.295 acres of land, more or less;
and
WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of
Section 43.001, et seq. Local Government Code, investigated and determined that it would be
advantageous and beneficial to Prosper and its inhabitants to annex the below -described property
("Property") to Prosper; and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government
Code; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing
town limits of Prosper; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WEHREAS, the Town Council finds that the Property the subject of this Ordinance is
one-half (1/2) mile or less in width; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
vacant and without residents or fewer than three (3) qualified voters reside thereon; and
WHEREAS, the Town Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
Page 1
WHEREAS, the Town Council finds the public hearings were conducted on or after the
fortieth (40'') day but before the twentieth (20'') day before the date of institution of the
annexation proceedings; and
WHEREAS, the Town Council finds it has completed the annexation process within
ninety (90) days after the Town Council instituted annexation proceedings; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
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: Property Annexed. The Property described in the attached Exhibit "A"
and all public streets, roadways and alleyways located within or contiguous to the same is hereby
annexed to Prosper.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as
Exhibit `B" and made a part hereof for all purposes.
SECTION 4: Ri ts/Privileges/Bound by Ordinances and Regulations. That from and
after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants
thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall
be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the
laws of the State of Texas.
SECTION 5: Official Map and Boundaries Amended. That the official map and
boundaries of Prosper are hereby amended to include the property as part of Prosper and that a
certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County,
Texas.
SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to
make use of the Property in some manner other than as authorized by this Ordinance and Zoning
Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm
Page 2
or corporation to construct on the Property any building that is not in conformity with the
permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments
thereto.
SECTION 7: Savings/Repealing Clause. 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 repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon
its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THIS 9U' DAY OF SEPTEMBER, 2008.
ATTESTED TO AND
CORRECTLY RECORDED BY:
MATTHEW D. DENTON, TRMC
TOWN SECRETARY
CHARLES NISWANGER, MAYOR
Page 3
TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO. 08-XXX
DATE OF ANNEXATION ORDINANCE: September 9, 2008
ACREAGE ANNEXED: Approximately 11.295 acres
SURVEY, ABSTRACT & COUNTY: Collin County School Land Survey, Abstract No. 147, Collin
County
CURRENT PROPERTY OWNER: Charles Winikates
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF
OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
A. POLICE SERVICE
PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE
LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL
BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT
PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS
OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE
PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED
THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED
AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE
PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE
USE OF EXISTING PERSONNEL.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF
PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND
ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL
BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED
IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED
ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL
WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH
AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA
UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL
THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE
ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE
TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN,
BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE.
F. SOLID WASTE COLLECTION
I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
I. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 ''/z) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF (4-1/2) YEARS AFTER THAT DATE.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE
TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE
TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN
SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
ISR
PLANNINGPPE
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 — September 9, 2008
Date: September 4, 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 September 2, 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 US 380 Tollway East, approved 7-0 by the Planning & Zoning
Commission.
2. Site plan of Prosper Plaza, Block A, Lot 2, 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. 6c - 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 — September 9, 2008
Date: September 4, 2008
Agenda Item:
Consider and act upon an ordinance rezoning 11.3t acres, located on the west side of Coleman
Street, 200t feet south of Eagle Lane, from Agricultural (A) to Commercial (C). (Z08-10).
Description of Agenda Item:
At the August 26, 2008 meeting, the Town Council approved zoning case Z08-10 by a vote of 6-
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 11.3t acres,
located on the west side of Coleman Street, 200t feet south of Eagle Lane, from Agricultural (A)
to Commercial (C).
Agenda Item No. 6d — 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 11.295 ACRES, MORE OR LESS, LOCATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF COMMERCIAL (C);
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 Charles J. Winikates
("Applicant") to rezone 11.295 acres of land, more or less, located 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.
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 containing11.295 acres of land, more or less, located 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 Commercial (C). 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 9th DAY OF SEPTEMBER, 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
FW4161'r A
LEGAL DESCRIPTION
BEING a tract of land situated in the
Collin County School Land Survey, Abstract No. 147, Collin
County, Texas, and also being all of a
called 11.2936 acre tract as conveyed to Charles J.
Winitakes as recorded in Volume 1842,
Page 835, Deed Records of Collin County, Texas, and
County Clerks No. 96-0069040, Collin
County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a PK nail set for corner in the center line of the asphalt pavement on Coleman
Street, said nail being at the northeast
corner of said called 11.293 acre tract,
THENCE S 00*11'46" W following the
centerline of Coleman Street a distance of 23.04' to a PK
nail set for corner;
THENCE S O1'05'19" W following the
center line of Coleman Street a distance of 477.40' to a
PK nail set for corner;
THENCE S 89'57'06" W a distance of
1029.45' to a capped 112" iron rod set for corner in the
east ROW line of St. Louis, San Franscio and Texas Railroad;
THENCE N 11*22*42" E Following the
east ROW line of said Railroad a distance of 509.91' to a
capped iron rod found for corner,
THENCE N 89'55'09" E a distance of
938.00' to the Point of Beginning and containing 492,006
square feet or 11.295 acres of land.
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PLANNING
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TOWN
SPER.
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 — September 9, 2008
Date: September 4, 2008
Agenda Item:
Consider and act upon an ordinance rezoning 0.6t acre (508 East Broadway Street), located on
the southwest corner of Broadway Street and Field Street, from Single Family-15 (SF-15) to
Downtown Office (DTO). (Z08-12).
Description of Agenda Item:
At the August 26, 2008 meeting, the Town Council approved zoning case Z08-12 by a vote of 6-
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
(508 East Broadway Street), located on the southwest corner
Street, from Single Family-15 (SF-15) to Downtown Office (DTO).
ordinance, rezoning 0.6t acre
of Broadway Street and Field
Agenda Item No. 6e - 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 0.5624 ACRE, MORE OR LESS, LOCATED AT 508 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 Mark Chovan ("Applicant")
to rezone 0.5624 acre of land, more or less, located at 508 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 0.5624 acre of land, more or less, located at 508 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.
lo. 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 9t" DAY OF SEPTEMBER, 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
FIELD NOTES
SITUATED in the State of Texas, County of Collin and City of Prosper, being all of the
tract as recorded in Volume 5881, Page 3674, part of the right—of—way of Broadway Street,
said premises being more particularly described as follows:
BEGINNING at a point for corner marking the northeast corner of said premises, said
corner being in the center of Broadway Street;
THENCE with said street and the north line of said premises, North
90'00'00" East, 150.00 feet to a point for corner marking the northeast corner of
said premises;
THENCE with the east line of said premises and departing said road, South 00'00'00" West,
140.00 feet to a point for corner marking the southeast corner of said premises;
THENCE with the south line of said premises, North
90'00'00" West, 150.00 feet to a point for corner marking the southwest corner of
said premises;
THENCE with the west line of said premises, North 00'00'00" East,
140.00 feet to the place of beginning and containing 0.4821 acres of land.
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PLANNING
p TOWN ER
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 — September 9, 2008
Date: September 4, 2008
Agenda Item:
Consider and act upon an ordinance rezoning 2.1 t acres, located on the southwest corner of
Prosper Trail and Robison Creek Drive, from Single Family-15 (SF-15) to Single Family-12.5
(SF-12.5). (Z08-13).
Description of Agenda Item:
At the August 26, 2008 meeting, the Town Council approved zoning case Z08-13 by a vote of 6-
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 2.1 t acres,
located on the southwest corner of Prosper Trail and Robison Creek Drive, from Single Family-
15 (SF-15) to Single Family-12.5 (SF-12.5).
Agenda Item No. 6f — 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 2.143 ACRES, MORE OR LESS, LOCATED IN THE JOHN
R. TUNNEY SURVEY, ABSTRACT NO. 916, 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 SINGLE FAMILY-12.5 (SF-12.5); 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 Arthur and Karie Dalton
("Applicant") to rezone 2.143 acres of land, more or less, located in the John R. Tunney Survey, Abstract No. 916, 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 2.143 acres of land, more or less, located in the John R.
Tunney Survey, Abstract No. 916, 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 Single Family-12.5 (SF-12.5). 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 9th DAY OF SEPTEMBER, 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
Page 1 of 1
ZONING EXHIBIT
Town of Prosper
Denton County, Texas
Metes and Bounds Description:
Being a tract of land situated in the John R. Turner Survey, Abstract No. 916, in the Town of
Prosper, Collin County, Texas and being a part of that tract of land described by deed to Karie
Dalton and Arthur Dalton, as recorded under County Clerk's File No. 98-0090841, of the Deed
Records of Collin County, Texas (D.R.C.C.T.), and also being a part of County Road No. 48 and
Robison Creek Drive, said tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod found at the southwesterly corner of said Dalton tract, same
being the northwesterly corner of Lot 1, Block A of PRESTON LAKES, as recorded in Cabinet 0,
Page 135, Map Records of Collin County, Texas (M.R.C.C.T.), and also being in the easterly line
of a tract of land described by deed to Parthenon Development Partners, L.L.C., as recorded
under County Clerk's File No. 20060706000923520, D.R.C.C.T.;
THENCE North 01'01'32" West, along the easterly line of said Parthenon Development Partners,
L.L.C. tract, a distance of 402.34' to a point for corner corner in the centerline of County
Road No. 48;
THENCE along said County Road No. 48, the following courses and distances:
North 89'42'26" East, a distance of 206.60' to a point for corner;
North 88'39'08" East, a distance of 26.41' to a point for corner at the intersection of said
County Road No. 48 and Robison Creek Drive;
THENCE South 01'01'32" East, along the centerline of said Robison Creek Drive, a distance of
399.38' to an "X" cut in concrete found for the southeasterly corner of the herein described
property;
THENCE South 88'51'34" West, passing a 1/2" iron rod with a yellow plastic cap stamped
"DAA" found for the southeasterly corner of said Dalton tract, at a distance of 25.00' and
continuing along the common line between said Dalton and aforementioned Lot 1, a distance of
233.00' to the POINT OF BEGINNING and containing 2.143 acres of land, more or less.
Owner/Applicant
Karie and Arthur Dalton
611 Robinson Creek Drive
Prosper, Texas 75078
(940) 465-0075
�EOFT
4��ZS1�"�•� 9
7f cad '•.Ul
MICHAEL B. ARTHUR
V6 5686
*r0
DATE: 06/23/08
ZONING EXHIBIT
2.143 Acres in the
John R. Tunney Survey
Abstract No. 916
Town of Prosper
Denton County, Texas
��~�' North Texas Surveying, L.L.C.
Registered Professional Land Surveyors
1515 South McDonald St., Suite 110,
McKinney, Tx. 75069
Ph. (469) 424-2074 Fax: (469) 424-1997
www.northtexassurveying.com
SCALE: 1" = 40'
CALC. BY: C.S.H.
CHK'D BY: M.B.A.
JOB NO.: 2008-0131
1OSPER
WN OF
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Cc: Mike Land, Town Manager
ADMINISTRATION
Re: Calling Public Hearings for Involuntary Annexations
Agenda Item•
Calling two public hearings for October 28, 2008 and November 4, 2008 for the involuntary
annexations of Phase 1 of the Annexation Plan.
Description of Agenda Item:
At their March 11, 2008 the Town Council approved a resolution for an Annexation Plan with
the intent the Town would begin involuntary annexations for portions of the ETJ that are
currently surrounded by the Town's limits.
This item is to call the two public hearings for October 28, 2008 and November 4, 2008.
Budget Impact•
N/A
Legal Obligations and Review:
N/A
Attached Documents:
Map of area to be annexed.
Annexation Schedule adopted by council.
Board, Committee and/or Staff Recommendation:
Town staff recommends the Town Council approve this item calling for the two public hearings
to be on October 28, 2008 and November 4, 2008 for the involuntary annexations.
Item No. 6g Page 1 of 1
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PLANNING
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TOWN
SPER.
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 — September 9, 2008
Date: September 4, 2008
Agenda Item:
A public hearing to consider and act upon a request to amend Section 2.05, of Planned
Development-9 (PD-9) regarding the requirements for emergency access, containing 339.7t
acres, located on the west side of Custer Road, 100t feet north of First Street. (Z08-14).
History:
Planned Development-9, also known as Whitley Place, was adopted by the Town Council on
December 12, 2006. Following the preliminary plat process, the applicant met with the Town of
Prosper Fire Department and it was determined that the Fire Department could provide
emergency access through the use of a cul-de-sac.
Description of Agenda Item:
Z08-14 is a request to amend Section 2.05, of Planned Development-9 (PD-9) regarding the
requirements for emergency access. In order to remove the emergency access easement from
the plat, Section 2.05 of Planned Development-9 must be amended to delete the language
requiring the emergency access easement. The Fire Department is in support of the requested
amendment to Planned Development-9.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
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. Town staff
has received one public hearing notice reply form and it is not in opposition to the request.
Attached Documents:
1. Zoning Exhibits A, B, and C.
2. Exhibit of Whitley Place, Phase 2, Tract B.
3. Letter in support of the amendment from the Prosper Fire Department.
4. Public hearing notice reply form.
5. Planned Development-9 (Ordinance No. 06-127)
Agenda Item No. 8 - Page 1 of 2
Plannina & Zonina Commission Recommendation:
At their August 19, 2008 meeting, the Planning & Zoning Commission recommended that the
Town Council approve the request to amend Section 2.05, of Planned Development-9 (PD-9)
regarding the requirements for emergency access by a vote of 7-0 subject to a letter from the
Fire Department stating the second point of access is not required, be included in the Planned
Development-9 amendment. A letter in support of the amendment to Planned Development-9
from the Prosper Fire Department is attached.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the requested zoning to amend Section
2.05, of Planned Development-9 (PD-9) removing the requirement for an emergency access
easement per the attached Exhibit B.
Agenda Item No. 8 - Page 2 of 2
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EXHIBIT A
TRACT "A" LAND DESCRIPTION
BEING a tract of land situated in the Larkin McCarty Survey, Abstract No. 600, Collin County,
Texas, and being all of a tract of land as described in instrument to HRC Ranch, Ltd. as recorded in
Volume 4911, Page 2695 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) and being a
portion of a tract of land as described in instrument to Clark Partners as recorded in Volume 5763,
Page 1199 (D.R.C.C.T.) and being all of a tract of land described in instrument to CC Joint
Venture, Ltd. as recorded under County Clerk's File No. 20060925001377420 (D.R.C.C.T.) and
being more particularly described as follows:
BEGINNING at a point on the west right-of-way line of F.M. No. 2478, said point also being the
southeast corner of a tract of land as described in instrument to the County of Collin as recorded in
Volume 4837, Page 0731 of the Deed Records of Collin County, Texas;
THENCE, South 45 degrees 11 riiinutes 41 seconds East along the west right-of-way line of F.M.
No. 2478 a distance of 40.55 feet to a %2 inch iron rod found with plastic cap stamped "RPLS 4613"
at the most southerly northeast corner of said Clark Partners tract;
THENCE, South 00 degrees 26 minutes 42 seconds East continuing along the west right-of-way
line of F.M. No. 2478 a distance of 3,535.45 feet to a point for corner in Wilson Creek;
THENCE, along the Wilson Creek the following courses and distances:
South 89 degrees 58 minutes 38 seconds West a distance of 44.48 feet to a point for corner;
North 69 degrees 51 minutes 39 seconds West a distance of 286.04 feet to a point for corner;
North 56 degrees 21 minutes 16 seconds West a distance of 246.31 feet to a point for corner;
North 70 degrees 54 minutes 58 seconds West a distance of 211.50 feet to a point for corner;
North 13 degrees 06 minutes 44 seconds West a distance of 70.59 feet to a point for corner;
North 2.1 degrees 52 minutes 12 seconds East a distance of 223.61 feet to a point for corner;
North 04 degrees 12 minutes 58 seconds West a distance of 246.42 feet to a point for corner;
North 29 degrees 06 minutes 57 seconds West a distance of 166.26 feet to a point for corner;
North 43 degrees 49 minutes 51 seconds West a distance of 798.32 feet to a point for corner
on the east line of said HRC Ranch tract;
THENCE, South 01 degree 14 minutes 56 seconds East along the east line of said HR Ranch, tract
a distance of 1,024.25 feet to a point for corner;
J:\Survey\3552\04\WP\3552-04_PLA'T AND BARNES dePage
1 of 4
THENCE, South 01 degree 15 minutes 28 seconds East continuing along the east line of said HRC
Ranch tract a distance of 367.29 feet to a %2 inch iron rod found with cap stamped #4701 at the
northwest corner of the aforementioned CC Joint Ventures, Ltd. (#20060925001377420) tract;
THENCE North 89 degrees 23 minutes 47 seconds East, along the north line of said CC Joint
Ventures, Ltd. (#20060925001377420) tract, a distance of 220.02 feet to a %2 inch iron rod found
with cap stamped #4701 at the northeast corner of said CC Joint Ventures, Ltd.
(#20060925001377420) tract;
THENCE along the easterly lines of said CC Joint Ventures, Ltd. (#20060925001377420) tract, the
following;
South 07 degrees 19 minutes 09 seconds West a distance of 126.00 feet to a % inch iron rod
found with cap stamped #4701;
South 26 degrees 1 Ominu'tes 24 seconds West a distance of 153.50 feet to a point for corner;
South 00 degrees 39 minutes 37 seconds East a distance of 272.00 feet to a %2 inch iron rod
found with cap at the southeast corner of said CC Joint Ventures, Ltd.
(#20060925001377420) tract;
THENCE North 89 degrees 41 minutes 21 seconds West, along the southerly line of said CC Joint
Ventures, Ltd. (#20060925001377420) tract, a distance of 129.00 feet to a %2 inch iron rod found
with cap stamped "RPLS 1401" at the southeast corner of said HRC Ranch tract;
THENCE, South 89 degrees 41 minutes 51 seconds West continuing along the south line of said
HRC Ranch tract a distance of 2,414.83 feet to a point for corner, from which a %Z inch iron rod
with cap stamped "HN" found, bears South 85 degrees 52 minutes 06 seconds West, 7.90 feet;
THENCE, South 85 degrees 52 minutes 06 seconds West continuing along the east line of said
HRC Ranch tract a distance of 723.60 feet to a fence corner post at an inner ell corner of said HRC
Ranch tract;
THENCE, South 01 degree 39 minutes 34 seconds West along an east line of said HRC Ranch tract
a distance of 87.29 feet to the most southerly southeast comer of said HRC Ranch tract, from which
a %Z inch iron rod found, bears North 89 degrees 01 minute 28 seconds East, 1.05 feet;
THENCE, South 89 degrees 01 minute 28 seconds West along the south line of the said HRC
Ranch tract a distance of 358.27 feet to a point for corner, from which a 3/8 inch iron rod found,
bears South 88 degrees 59 minutes 16 seconds West, 4.18 feet;
THENCE, South 89 degrees 03 minutes 26 seconds West continuing along the south line of the
said HRC Ranch tract a distance of 512.67 feet to a fence corner post found at the southwest comer
of said HRC Ranch tract;
J:\Survey\3552\04\WP\3552-04_PLAT AND BARNES dePage se o2 of 4
C
THENCE, North 00 degrees 22 minutes 56 seconds West along the west line of the said HRC
Ranch tract a distance of 2,053.17 feet to a point for corner in Naugle Creek;
THENCE, along Naugle Creek the following Courses and distances:
North 58 degrees 09 minutes 26 seconds East a distance of 263.00 feet to a point for corner;
South 73 degrees 06 minutes 08 seconds East a distance of 145.00 feet to a point for corner;
South 80 degrees 54 minutes 52 seconds East a distance of 300.00 feet to a point for corner;
South 68 degrees 05 minutes 19 seconds East a distance of 254.00 feet to a point for corner;
North 88 degrees 14 minutes 21 seconds East a distance of 137.50 feet to a point for corner;
North 59 degrees 18 minutes 21 seconds East a distance of 150.60 feet to a point for corner;
North 86 degrees 46 minutes 41 seconds East a distance of 90.80 feet to a point for corner;
North 58 degrees 43 minutes 34 seconds East a distance of 177.80 feet to a point for corner;
South 78 degrees 01 minute 04 seconds East a distance of 52.20 feet to a point for corner;
South 44 degrees 44 minutes 52 seconds East a distance of 107.70 feet to a point for corner;
North 85 degrees 27 minutes 19 seconds East a distance of 47.00 feet to a point for corner;
North 52 degrees 35 minutes 57 seconds East a distance of 226.60 feet to a point for corner;
North 85 degrees 58 minutes 18 seconds East a distance of 315.03 feet to a point for corner;
North 57 degrees 02 minutes 11 seconds East a distance of 123.50 feet to a point for corner;
North 23 degrees 31 minutes 36 seconds East a distance of 117.00 feet to a point for corner;
North 59 degrees 35 minutes 46 seconds East a distance of 98.00 feet to a point for corner;
North 82. degrees 00 minutes 06 seconds East a distance of 114.00 feet to a point for corner;
South 74 degrees 17 minutes 11 seconds East a distance of 155.50 feet to a point for corner;
North 44 degrees 13 minutes 40 seconds East a distance of 141.00 feet to a point for corner;
North 72 degrees 19 minutes 58 seconds East a distance of 83.00 feet to a point for corner;
South 33 degrees 55 rninutes 54 seconds East a distance of 149.00 feet to a point for corner;
JASurvey\3552\0A\WP\3552-04_PLAT AND 13ARNES dePage
oc3 of 4
North 82 degrees 42 minutes 21 seconds East a distance of 46,00 feet to a point for corner;
North 51 degrees 58 minutes 46 seconds East a distance of 103.00 feet to a point for corner;
North 39 degrees 35 minutes 41 seconds East a distance of 159,65 feet to a point for corner in
the center of Wilson Creek, said point being on the most southerly line of a tract of land as
described in instrument to Harold Patin, Tract "A" as recorded in County Clerk's File No. 97-
0074388 of the Deed Records of Collin County, Texas;
THENCE, South 77 degrees 12 minutes 24 seconds East along the center of Wilson Creek and the
said south line of the Patin tract a distance of 62.47 feet to a point for corner, said point being an
extension of the west line of the said Clark Partners tract;
THENCE, North 00 degrees 38 minutes 10 seconds West, passing at 10.95 feet the southwest
corner of said Clark Partners tract and continuing along the west line of said Clark Partners tract, in
all a distance of 1,460.41 feet to a %2 inch iron rod with cap stamped "Geer" found at the southwest
corner of said Collin County tract;
THENCE, South 89 degrees 58 minutes 57 seconds East along the south line of said Collin County
tract a distance of 1,058.92 feet to a %2 inch iron rod with cap stamped "Geer" found;
THENCE, North 89 degrees 43 minutes 31 seconds East continuing along the south line of said
Collin County tract a distance of 1,067.34 feet to the POINT OF BEGINNING and CONTAINING
320.3 acres of land, more or less.
For Huitt- llars Inc.
Mi chell S. Pillar
Registered Professional Land Surveyor
Texas Registration No. 5491
Huitt-Zollars, Inc.
3131 McKinney Ave.
Suite 600
Dallas, Texas 75204
Tele. 214-871-3311
Date: November 20, 2006
OF
ass 1c�.�pQ'
JASuney\3552\04\WP\3552-04_PLAT AND BARNES desPage 4 of 4
EXHIBIT "A"
TRACT "B" - LAND DESCRIPTION
BEING a 19.475 acre tract of land situated in the Larkin McCarty Survey, Abstract
Number 600, Collin County, Texas, and being a portion of a 22.36 acre tract of land
described in Special Warranty Deed to Grace Presbytery as recorded in County Clerk's
File No. 92-0025785 of the Deed Records Collin County, Texas (D.R.C.C.T.) and being a
portion of a 5.02 acre tract of land described in Special Warranty Deed to Walnut Grove
Cemetery Association as recorded in County Clerk's File No. 95-0006878 (D.R.C.C.T.)
and being all of a 30 foot access easement described in instrument recorded in County
Clerk's File No. 95-0006878 (D.R.C.C.T.) and being more particularly described as
follows;
BEGINNING at a %2 inch iron rod found with cap at the northeast corner of a tract of
land as described in instrument to Walnut Grove Cemetery Association as recorded in
Volume 235, Page 349 (D.R.C.C.T), said point being on the westerly right-of-way line of
FM 2478;
THENCE departing the westerly right-of-way line of FM 2478, and along the northerly
line of said Walnut Grove Cemetery Association tract the following;
North 88 degrees 37 minutes 39 seconds West a distance of 361.58 feet to a V, inch iron
rod found with #4701 cap;
North 59 degrees 05 minutes 53 seconds West a distance of 203.13 feet to a point fo a
corner;
THENCE North 32 degrees 01 minutes 58 seconds West a distance of 15.27 feet to a
point for a corner;
THENCE North 63 degrees 52 minutes 02 seconds West a distance of 83.56 feet to a %2
inch iron rod found with #4701 cap;
THENCE North 59 degrees 59 minutes 31 seconds West a distance of 466.10 feet to a Y2
inch iron rod found with cap on the westerly line of said 30 foot access easement;
THENCE along the westerly line of said 30 foot access easement the following;
North 20 degrees 50 minutes 53 seconds West a distance of 41.98 feet to a %2 inch iron
rod found with #4701 cap;
North 04 degrees 52 minutes 43 seconds West a distance of 40.47 feet to a % inch iron
rod found with #4701 cap;
Page 1 of 3
IAproj\01352101 \doc\Land-Descriptions\churchzoning-desc.doc
North 04 degrees 21 minutes 28 seconds East a distance of 90.94 feet to a %2 inch iron rod
found with #4701 cap;
North 00 degrees 01 minutes 31 seconds East a distance of 70.38 feet to a point for a
corner;
THENCE, departing the westerly line of said 30' access easement, North 84 degrees 11
minutes 27 seconds West a distance of 240.75 feet to a point for corner on the west line
of said Walnut Grove Cemetery Association tract recorded in County Clerk's File No. 95-
0006878 (D.R.C.C.T.);
THENCE along the westerly line of said Walnut Grove Cemetery Association tract and
continuing along the westerly line of said Grace Presbytery tract North 00 degrees 55
minutes 20 seconds West, passing'the northwest corner of said Walnut Grove Cemetery
Association tract at 131.38 feet and passing at 908.36 feet a 100d nail found and
continuing in all a distance of 1140.54 feet to a point for corner in the approximate
centerline of Wilson Creek;
THENCE along the approximate centerline of Wilson Creek the following;
South 41 degrees 10 minutes 36 seconds East a distance of 108.68 feet to a point for
corner;
South 40 degrees 52 minutes 48 seconds East a distance of 299.34 feet to a point for
corner;
South 46 degrees 04 minutes 18 seconds East a distance of 477.40 feet to a point for
corner;
South 07 degrees 39 minutes 12 seconds East a distance of 315.16 feet to a point for
corner;
South 27 degrees 48 minutes 36 seconds West a distance of 186.60 feet to a point for
corner;
South 02 degrees 06 minutes 12 seconds West a distance of 107.05 feet to a point for
corner;
South 70 degrees 02 minutes 24 seconds East a distance of 252.99 feet to a point for
corner;
Nouth 52 degrees 48 minutes 48 seconds East a distance of 243.58 feet to a point for
corner;
Page 2 of 3
I:\proj\01152101\doc\ and-Descriptions\churchzoning-desc.doe
South 73 degrees 07 minutes 06 seconds East a distance of 311.88 feet to a point for
corner at the intersection of the approximate centerline of Wilson Creek and the westerly
right-of-way line of FM 2478;
THENCE South 00 degrees 10 minutes 21 seconds West, along the westerly right-of-
way line of FM 2478 a distance of 253.31 feet to the POINT OF BEGINNING and
containing 19.475 acres of land, more or less.
For Huitt-Zollars, Inc.
Eric J. ahoudy
Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars, Inc.
3131 McKinney Ave.
Suite 600
Dallas, Texas 75204
Tele. 214-871-3311
Date: October 10, 2006
OObOOb000000e000e00o
ERIC JOHN YAHOUDY'*.
0000m00000moeoaooe0 oor
*A., 4862
Page 3 of 3
I:\proj\01352101 \doc\Land-Dz,scriptions\churchwning-desc.doc
Exrlmn, B
STATENIENT OF 1N,rEN'r AND PURPOSE
(WHITLEN PLACE PD ANIENDMENT—TRACT B, SF,CTION 2.05, PARAGRAPH 2)
The purpose of this submittal is to amend paragraph two of section 2.05 of the existing Whitley
Place Planned I)eveloprnent by removing the requirement .for an emergency access connection to
Custer Road which affects Tract B. The language to be struck from this paragraph is the
following; "An Emergency Access road shall be constructed of Grass-crete or similar suitable
material from the local residential street to Custer Road to provide a second point of access to
this tract. This Emergency Access road shall be provided within an Access Easement. The
Emergency Access entrance off'C'uster Road will be gated with a Knox box and/or lock as per
Fire Department requirements, and will be built to comply with the landscaping and screening;
requirements set forth herein."
During the preliminary platting process for Whitley Place, Tract B. it was recommended that the
emergcncy access drive be removed from .lot 23X by the Town of Prosper staff. On the
preliminary plat, approved by P&L on May 20. 2008, note 6 references the removal of the drive
and reads as follows: "Emergency Access on lot 2X may be removed pending an amendment
to article 2.05 of the Whitley Place Planned Development Residential Development Standards,
accordingly lot 23X may be reduced. to 20 feet in width."
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Pn •rProsier Fire I)epart me nt
1500 E. First Street, P.O. Box 307, Prosper, Texas 75078
(972) 346-9469 Central Station (972) 347-3010 Facsimile
To: Planning and Zoning Commission
From: Bryan Ausenbaugh, Fire Marshal
RE: PD-9 Whitley Place, omitting of secondary access / emergency gate(s)
Date: September 3, 2008
Dear P& Z Commission,
After careful consideration along with a few minor street modifications, it has
been determined by the department that the secondary access / emergency
gate(s) from Custer Road will no longer be a requirement. We support and have
approved the PD 9 amendment as submitted.
Should you have any additional questions and or concerns please feel free to
contact me directly.
Sincerely,
Bryan Ausenbaugh
PLANNIING DEPARTMENT
P.O. Box 307
Prosper, TX 75078
Phone: 972 346.3502
Fax: 972-347-9006
REPLY FORM
SUBJECT:
Zoning Case ZOB-14: The Town of Prosper has received request to amend Section 2.05 of Planned Development-
9 (PD-9) contalning 339.7* acres.
LOCATION OF SUBJECT PROPERTY:
The property is located on the west side of Custer Road,100± feet north of First Street.
_DESCRIPTION OF THE REQUEST:
The requested amendment would revise section 2.05 of the planned development to remove the requirement for
an emergency access easement on Tract 8, adjacent to Custer Road.
❑ I OPPOSE the request as described in the notice of public hearing.
I DO NOT OPPOSE the request as described in the notice of public hearing.
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
C"ImAt I Cb-LO.
me (please print)
L.a,od P a� j b2 Pros^
Address
fi-01�aity' State, and Zip Code
R''[. �.
y gynil
• i �
ao Adcss Y14
E-mail
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 06-127
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO.05-20 AND
REPEALING ORDINANCE NO. 05-11 AND 03-25; REZONING A TRACT OF
LAND CONSISTING OF 339.77 ACRES, MORE OR LESS, SITUATED IN THE
LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT -SINGLE FAMILY-10/SINGLE FAMILY-15/SINGLE FAMILY -
ESTATE (PD-SF-10/SF-15/SF-E) I� HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -SINGLE FAMILY-
10/SINGLE FAMILY-12.5/SINGLE FAMILY-15/SINGLE FAMILY-22/SINGLE
FAMILY-ESTATE(PD-SF-10/SF-12.5/SF-15/SF-22/SF-E); 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 Cour•. T') 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 CC Joint Ventures,
Ltd. ("Applicant") to rezone 339.77 acres of land, more or less, situated in the Larkin McCarty Survey,
Abstract No. 600, 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 sc, forth
by law, and public hearings have I t -tn held oa the proposed rezoning and all other requirements of notic, z. -id
completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it wi''. be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, r-E IT ORDAINED BY THE TOWN COUNCIL OF THE TOW 11 OF
PROSPER, TEXAS:
SECTION 1: Finding, IncoMorated The findings set forth above are incorporated into tl=e body of
this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No 05-20 Zoning Ordinance No. 05• ?0 is
amended as follows: The zonin,; designation of the below -described property containing 339.77 ;.:c.es of
land, more or less, situated in the Larkin Mc . ' arty Survey, Abstract No. 600, in the Town of Prosper, Collin
County, Texas, (the "Property") and all streets, roac . and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Planned Development -Single F mily-10/Single Family-12.5/Single Fami!v .l `i/S'-igle
Family-22/Single Family-Estate(PD-SF-10/SF-12.5%SF-15/SF-22/SF-E). The property as a whole and the
boundaries for each zoning classification are more particularly -described in Exhibit "A" attached hereto and
incorporated herein for all purposes as if set forth verbatim.
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 `B"; 2)
the plan:ied do-elopment standards, attached hereto as Exhibit "C"; 3) the conceptual development plan,
attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E"; 5) the
thoroughfare screening plan, attached hereto as Exhibit "F"; and 6) the entry monument, amenity center,
trailhead, and bridge plan, attached hereto as Exhibit "G"; 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 fled 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
o--rners 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, 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 12`h DAY OF DECEMBER, 2006.
ATTESTED TO AND
CORRECT ED B
atthew D. Denton, Town Secretary
DATE OF PUBLICATION.
Addition
APPROVED AS TO
Dallas Morning ews — Collin County
EXHIBIT A
TRACT "A" LAND DESCRIPTION
BEING a tract of land situated in the Larkin McCarty Survey, Abstract No. 600, Collin County,
Texas, and being all of a tract of land as described in instrument to HRC Ranch, Ltd. as recorded in
Volume 4911, Page 2695 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) and being a
portion of a tract of land as described in instrument to Clark Partners as recorded in Volume 5763,
Page 1199 (D.R.C.C.T.) and being all of a tract of land described in instrument to CC Joint
Venture, Ltd. as recorded under County Clerk's File No. 20060925001377420 (D.R.C.C.T.) and
being more particularly described as follows:
BEGINNING at a point on the west right-of-way line of F.M. No. 2478, said point also being the
southeast corner of a tract of land as described in instrument to the County of Collin as recorded in
Volume 4837, Page 0731 of the Deed Records of Collin County, Texas;
THENCE, South 45 degrees 11 minutes 41 seconds East along the west right-of-way line of F.M.
No. 2478 a distance of 40.55 feet to a %Z inch iron rod found with plastic cap stamped "RPLS 4613"
at the most southerly northeast corner of said Clark Partners tract;
THENCE, South 00 degrees 26 minutes 42 seconds East continuing along the west right-of-way
line of F.M. No. 2478 a distance of 3,535.45 feet to a point for corner in Wilson Creek;
THENCE, along the Wilson Creek the following courses and distances:
South 89 degrees 58 minutes 38 seconds West a distance of 44.48 feet to a point for corner;
North 69 degrees 51 minutes 39 seconds West a distance of 286.04 feet to a point for corner;
North 56 degrees 21 minutes 16 seconds West a distance of 246.31 feet to a point for corner;
North 70 degrees 54 minutes 58 seconds West a distance of 211.50 feet to a point for corner;
North 13 degrees 06 minutes 44 seconds West a distance of 70.59 feet to a point for corner;
North 21 degrees 52 minutes 12 seconds East a distance of 223.61 feet to a point for comer;
North 04 degrees 12 minutes 58 seconds West a distance of 246.42 feet to a point for corner;
North 29 degrees 06 minutes 57 seconds West a distance of 166.26 feet to a point for corner;
North 43 degrees 49 minutes 51 seconds West a distance of 798.32 feet to a point for corner
on the east line of said HRC Ranch tract;
THENCE, South 01 degree 14 minutes 56 seconds East along the east line of said HR ' Rancl , tract
a distance of 1,024.2.5 feet to a point for corner;
Page 1 of 4
J:\Survey13552\04\WP\3552-04_PL?'? AND BARNES dese.DOC
THENCE, South 01 degree 15 minutes 28 seconds East continuing along the east line of said HRC
Ranch tract a distance of 367.29 feet to a %2 inch iron rod found with cap stamped #4701 at the
northwest corner of the aforementioned CC Joint Ventures, Ltd. (#20060925001377420) tract;
THENCE North 89 degrees 23 minutes 47 seconds East, along the north line of said CC Joint
Ventures, Ltd. (#20060925001377420) tract, a distance of 220.02 feet to a %2 inch iron rod found
with cap stamped #4701 at the northeast corner of said CC Joint Ventures, Ltd.
(#20060925001377420) tract;
THENCE along the easterly lines of said CC Joint Ventures, Ltd. (#20060925001377420) tract, the
following;
South 07 degrees 19 minutes 09 seconds West a distance of 126.00 feet to a %2 inch iron rod
found with cap stamped #4701;
South 26 degrees 1 Ominutes 24 seconds West a distance of 153.50 feet to a point for corner;
South 00 degrees 39 minutes 37 seconds East a distance of 272.00 feet to a'/2 inch iron rod
found with cap at the southeast corner of said CC Joint Ventures, Ltd.
(#20060925001377420) tract;
THENCE North 89 degrees 41 minutes 21 seconds West, along the southerly line of said CC Joint
Ventures, Ltd. (#20060925001377420) tract, a distance of 129.00 feet to a %2 inch iron rod found
with cap stamped "RPLS 1401" at the southeast corner of said HRC Ranch tract;
THENCE, South 89 degrees 41 minutes 51 seconds West continuing along the south line of said
HRC Ranch tract a distance of 2,414.83 feet to a point for corner, from which a %2 inch iron rod
with cap stamped "HN" found, bears South 85 degrees 52 minutes 06 seconds West, 7.90 feet;
THENCE, South 85 degrees 52 minutes 06 seconds West continuing along the east line of said
HRC Ranch tract a distance of 723.60 feet to a fence corner post at an inner ell corner of said HRC
Ranch tract;
THENCE, South 01 degree 39 minutes 34 seconds West along an east line of said HRC Ranch tract
a distance of 87.29 feet to the most southerly southeast corner of said HRC Ranch tract, from which
a %2 inch iron rod found, bears North 89 degrees 01 minute 28 seconds East, 1.05 feet;
THENCE, South 89 degrees 01 minute 28 seconds West along the south line of the said HRC
Ranch tract a distance of 358.27 feet to a point for corner, from which a 3/8 inch iron rod found,
bears South 88 degrees 59 minutes 16 seconds West, 4.18 feet;
THENCE, South 89 degrees 03 minutes 26 seconds West continuing along the south line of the
said HRC Ranch tract a distance of 512.67 feet to a fence corner post found at the southwest corner
of said HRC Ranch tract;
Page 2 of 4
J:\Sun'ey\3552\04\WP13552-04_PLAT AND BARNES desc.DOC
THENCE, North 00 degrees 22 minutes 56 seconds West along the west line of the said HRC
Ranch tract a distance of 2,053.17 feet to a point for corner in Naugle Creek;
THENCE, along Naugle Creek the following Courses and distances:
North 58 degrees 09 minutes 26 seconds East a distance of 263.00 feet to a point for corner;
South 73 degrees 06 minutes 08 seconds East a distance of 145.00 feet to a point for corner;
South 80 degrees 54 minutes 52 seconds East a distance of 300.00 feet to a point for corner;
South 68 degrees 05 minutes 19 seconds East a distance of 254.00 feet to a point for corner;
North 88 degrees 14 minutes 21 seconds East a distance of 137.50 feet to a point for corner;
North 59 degrees 18 minutes 21 seconds East a distance of 150.60 feet to a point for corner;
North 86 degrees 46 minutes 41 seconds East a distance of 90.80 feet to a point for corner;
North 58 degrees 43 minutes 34 seconds East a distance of 177.80 feet to a point for corner;
South 78 degrees 01 minute 04 seconds East a distance of 52.20 feet to a point for corner;
South 44 degrees 44 minutes 52 seconds East a distance of 107.70 feet to a point for corner;
North 85 degrees 27 minutes 19 seconds East a distance of 47.00 feet to a point for corner;
North 52 degrees 35 minutes 57 seconds East a distance of 226.60 feet to a point for corner;
North 85 degrees 58 minutes 18 seconds East a distance of 315.03 feet to a point for corner;
North 57 degrees 02 minutes 11 seconds East a distance of 123.50 feet to a point for corner;
North 23 degrees 31 minutes 36 seconds East a distance of 117.00 feet to a point for corner;
North 59 degrees 35 minutes 46 seconds East a distance of 98.00 feet to a point for corner;
North 82 degrees 00 minutes 06 seconds East a distance of 114.00 feet to a point for corner;
South 74 degrees 17 minutes 11 seconds East a distance of 155.50 feet to a point for corner;
North 44 degrees 13 minutes 40 seconds East a distance of 141.00 feet to a point for corner;
North 72 degrees 19 minutes 58 seconds East a distance of 83.00 feet to a point for corner;
South 33 degrees 55 rainutes 54 seconds East a distance of 149.00 feet to a point for corner;
Page 3 of 4
J;\Survey\3552\00\WP\3552-04_PLAT AND BARNES dese.DOC
North 82 degrees 42 minutes 21 seconds East a distance of 46.00 feet to a point for corner;
North 51 degrees 58 minutes 46 seconds East a distance of 103.00 feet to a point for corner;
North 39 degrees 35 minutes 41 seconds East a distance of 159.65 feet to a point for corner in
the center of Wilson Creek, said point being on the most southerly line of a tract of land as
described in instrument to Harold Patin, Tract "A" as recorded in County Clerk's File No. 97-
0074388 of the Deed Records of Collin County, Texas;
THENCE, South 77 degrees 12 minutes 24 seconds East along the center of Wilson Creek and the
said south line of the Patin tract a distance of 62.47 feet to a point for corner, said point being an
extension of the west line of the said Clark Partners tract;
THENCE, North 00 degrees 38 minutes 10 seconds West, passing at 10.95 feet the southwest
corner of said Clark Partners tract and continuing along the west line of said Clark Partners tract, in
all a distance of 1,460.41 feet to a % inch iron rod with cap stamped "Geer" found at the southwest
corner of said Collin County tract;
THENCE, South 89 degrees 58 minutes 57 seconds East along the south line of said Collin County
tract a distance of 1,058.92 feet to a %2 inch iron rod with cap stamped "Geer" found;
THENCE, North 89 degrees 43 minutes 31 seconds East continuing along the south line of said
Collin County tract a distance of 1,067.34 feet to the POINT OF BEGINNING and CONTAINING
320.3 acres of land, more or less.
For Huitt- ollar Inc.
�.
Mi chell S. Pillar
Registered Professional Land Surveyor
Texas Registration No. 5491
Huitt-Zollars, Inc.
3131 McKinney Ave.
Suite 600
Dallas, Texas 75204
Tele. 214-871-3311
Date: November 20, 2006
Page 4 of 4
J:\Sun-,.y\3552\04\WP\3552-04_PLAT AND BARNES desc.DOC
EXHIBIT "A"
TRACT "B" - LAND DESCRIPTION
BEING a 19.475 acre tract of land situated in the Larkin McCarty Survey, Abstract
Number 600, Collin County, Texas, and being a portion of a 22.36 acre tract of land
described in Special Warranty Deed to Grace Presbytery as recorded in County Clerk's
File No. 92-0025785 of the Deed Records Collin County, Texas (D.R.C.C.T.) and being a
portion of a 5.02 acre tract of land described in Special Warranty Deed to Walnut Grove
Cemetery Association as recorded in County Clerk's File No. 95-0006878 (D.R.C.C.T.)
and being all of a 30 foot access easement described in instrument recorded in County
Clerk's File No. 95-0006878 (D.R.C.C.T.) and being more particularly described as
follows;
BEGINNING at a %2 inch iron rod found with cap at the northeast corner of a tract of
land as described in instrument to Walnut Grove Cemetery Association as recorded in
Volume 235, Page 349 (D.R.C.C.T), said point being on the westerly right-of-way line of
FM 2478;
THENCE departing the westerly right-of-way line of FM 2478, and along the northerly
line of said Walnut Grove Cemetery Association tract the following;
North 88 degrees 37 minutes 39 seconds West a distance of 361.58 feet to a %2 inch iron
rod found with #4701 cap;
North 59 degrees 05 minutes 53 seconds West a distance of 203.13 feet to a point fo a
corner;
THENCE North 32 degrees 01 minutes 58 seconds West a distance of 15.27 feet to a
point for a corner;
THENCE North 63 degrees 52 minutes 02 seconds West a distance of 83.56 feet to a %2
inch iron rod found with #4701 cap;
THENCE North 59 degrees 59 minutes 31 seconds West a distance of 466.10 feet to a 1/2
inch iron rod found with cap on the westerly line of said 30 foot access easement;
THENCE along the westerly line of said 30 foot access easement the following;
North 20 degrees 50 minutes 53 seconds West a distance of 41.98 feet to a %2 inch iron
rod found with #4701 cap;
North 04 degrees 52 minutes 43 seconds West a distance of 40.47 feet to a %2 inch iron
rod found with #4701 cap;
Page 1 of 3
I:\proj\01352101 \doc'Land-Descriptions\churchzoning-desc.doc
North 04 degrees 21 minutes 28 seconds East a distance of 90.94 feet to a 1/2 inch iron rod
found with #4701 cap;
North 00 degrees 01 minutes 31 seconds East a distance of 70.38 feet to a point for a
corner;
THENCE, departing the westerly line of said 30' access easement, North 84 degrees 11
minutes 27 seconds West a distance of 240.75 feet to a point for corner on the west line
of said Walnut Grove Cemetery Association tract recorded in County Clerk's File No. 95-
0006878(D.R.C.C.T.);
THENCE along the westerly line of said Walnut Grove Cemetery Association tract and
continuing along the westerly line of said Grace Presbytery tract North 00 degrees 55
minutes 20 seconds West, passing'the northwest corner of said Walnut Grove Cemetery
Association tract at 131.38 feet and passing at 908.36 feet a 100d nail found and
continuing in all a distance of 1140.54 feet to a point for corner in the approximate
centerline of Wilson Creek;
THENCE along the approximate centerline of Wilson Creek the following;
South 41 degrees 10 minutes 36 seconds East a distance of 108.68 feet to a point for
corner;
South 40 degrees 52 minutes 48 seconds East a distance of 299.34 feet to a point for
corner;
South 46 degrees 04 minutes 18 seconds East a distance of 477.40 feet to a point for
corner;
South 07 degrees 39 minutes 12 seconds East a distance of 315.16 feet to a point for
corner;
South 27 degrees 48 minutes 36 seconds West a distance of 186.60 feet to a point for
corner;
South 02 degrees 06 minutes 12 seconds West a distance of 107.05 feet to a point for
corner;
South 70 degrees 02 minutes 24 seconds East a distance of 252.99 feet to a point for
comer;
South 52 degrees 48 minutes 48 seconds East a distance of 243.58 feet to a point for
comer;
Page 2 of 3
I:\proj\0" 352101 \doc\Iand-Descriptions\churchzoning-desc.doc
South 73 degrees 07 minutes 06 seconds East a distance of 311.88 feet to a point for
corner at the intersection of the approximate centerline of Wilson Creek and the westerly
right-of-way line of FM 2478;
THENCE South 00 degrees 10 minutes 21 seconds West, along the westerly right-of-
way line of FM 2478 a distance of 253.31 feet to the POINT OF BEGINNING and
containing 19.475 acres of land, more or less.
For Huitt-Zollars, Inc. _
Co mG9�i0sr�'°A`Omi°•�V•
Eric J. ahoudy
o e
>A °
e .o
Registered Professional Land or SurveY
°ERICojOooeopYAHO 000*"
HN YAHDUDY
Texas Registration No. 4862
Huitt-Zollars, Inc.°,9
eeeo D°°0000 mm000°ooep °e,
3131 McKinney Ave.
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�� ®NeeA
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Suite 600
& RV��®
Dallas, Texas 75204
Tele. 214-871-3311
Date: October 10, 2006
Page 3 of 3
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Whitley Place Planned Development
Page 14 of 16
EXHIBIT `B"
WHITLEY PLACE STATEMENT OF INTENT AND PURPOSE
The purpose of this submittal is to request Planned Development zoning in a manner that meets
the current market demands for residential and retail development. This submittal allows for 640
residential dwelling units and retail uses on approximately 320 acres of land in Tract A and 12
residential dwelling units on approximately 19.5 acres of land in Tract B. The proposed zoning
includes specific development standards for single-family residential uses and retail uses,
described herein.
I:\proj\01352101\doc\:teZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doe 14
TOWN OF PROSPER, TEXAS
EXHIBIT "C"
WHITLEY PLACE
Planned Development District
Residential Development Standards
November 2006
An aggregation of the following items:
Original PD Zoning Regulations, April 2003
PD Amendment No. 1, April 2005
Addition of Tract B, November 2006
Whitley Place Planned Development
Page 2 of 16
WHITLEY PLACE
PLANNED DEVELOPMENT RESIDENTIAL DISTRICT STANDARDS
1.0 Planned Development District - Single -Family Residence
1.01 General Description: This Planned Development Ordinance permits a maximum
of 640 single-family residential units on 320 acres in Tract A, plus 12 single-
family residential units on 19.5 acres in Tract B, (see attached Exhibit "D").
The development standards for the aforementioned housing types are outlined
within this text- or as set forth in the Single Family -Estate, Single Family - 22,
Single Family - 15, Single Family - 12.5, and Single Family - 10 Zoning
Classifications of Ordinance 05-20 and the Subdivision Ordinance 03-05 as they
exist or may be amended, if not specifically addressed herein.
1.02 Permitted Uses: Land uses permitted within the PD are as follows:
a. Single Family Residential
b. Schools - public
C. Public or Private Parks, playgrounds and neighborhood recreation
facilities including, but not limited to, swimming pools, clubhouse
facilities and tennis courts, to be stated on plat
d. Civic facility
e. Real estate sales offices in a temporary building for each builder during
the development and marketing of the Planned Development which shall
be removed when 80% of the lots receive final issuance of a Certificate of
Occupancy (CD) on the last lot owned by that builder.
f. Model Homes - Builder's model homes must be vacated and offered for
sale when all other homes of that builder are sold out in Whitley Place.
g. Accessory buildings incidental to the permitted use and constructed of the
same materials as the main structure.
h. Temporary buildings of the builders and uses incidental to construction
work on the premises, which shall be removed upon completion of such
work.
1.03 Required ParkinLy
A minimum of four (4) off-street, concrete parking spaces shall be provided for
each residential unit. As part of the parking requirement, at least two (2) of the
off-street parking spaces shall be in an enclosed garage. Garage doors shall be
1:\proj\01352101\doc\ReZonuig•TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc
Whitley Place Planned Development
Page 3 of 16
located on or behind the applicable setback line for the residential unit. The
parking of motor homes, boats and/or trailers on a lot facing a street is prohibited.
1.04 Exterior Facade Building Materials:
1.04.1 Surface Area Facade
The surface area of the first floor exterior wall (exclusive of openings for
windows and doors) and all second story walls in the same vertical plane
as the first floor wall shall be veneered with a minimum 75% coverage of
a masonry material per Town of Prosper Comprehensive Zoning
Ordinances.
1.04.2 Roofing Material
No wood shingle roofs will be permitted.
1.05 Sinjile-Family:
Single Family shall mean the use of a lot with one building designed for and
containing not more than one unit with facilities for living, sleeping, cooking, and
eating therein. The maximum number of single-family units allowed is 652
single-family units. Building and area requirements for the single-family units for
each tract are as follows:
1.05.1 Lot Area
The minimum area of each lot size and the mix of lot sizes shall be as
shown in the following table.
LOT AREA & LOT NUMBER SUMMARY
Minimum Lot
Tract A
No. of Lots
Tract B
No. of Lots
Area SF
43,560 (one-
acre
14 (min.)
30,000
25 min.
15,000
39 min.
12,500
339 max.
12
10,000
289 max.
Total Maximum
Allowed Lots
640
12
Tract A is the main body of Whitley Place encompassing
approximately 320 acres or,. either side of Wilson Creek. Tract B is
an irregular shaped approximately 19.5 acre tract located south of
I:\Proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc
Whitley Place Planned Development
Page 4 of 16
Wilson Creek and north of -the Walnut Grove Cemetery with
limited frontage on FM 2489 tCuster Road).
The general location of each of the residential lot types will be as
follows:
o The majority of one -acre lots will be along the south side of
Wilson Creek.
The majority of 30,000 square foot lots will be along both
sides of the entry street from East First Street.
The 15,000 square foot lots will be north and south of
Wilson Creek and generally on the west side of the
Property.
The 12,500 square foot lots will be on both the north and
south sides of Wilson Creek, including Tracts B.
• The 10,000 square foot lots will be on the north side of
Wilson Creek generally on the east side of the Property and
on the south side of Wilson Creek generally along the west
side of the Property.
1.05.2 Lot Coverage
The maximum lot coverage for each lot size shall be as shown in the
following table.
LOT COVERAGE SUMMARY
Minimum Lot Area CF
Max. Lot Coverage
43,560 one -acre
35%
30,000
35%
15,000
45%
12,500
_
45%
10,000
50%
1.05.3 Lot Width
The minimum width of any lot shall not be less than as shown in the
following table as measured at the front building line of the lot, except that
lots at the terminus of a cul-de-sac or along streei elbows/eyebrows may
reduce the minimum width by 10 feet as measured along the arc at the
front building line; provided all other requirements of this section are
fulfilled.
LOT WIDTH SUMMARY
Minimum Lot Areas
Min. Lot Width ft.
43,560 one -acre
90
30,000
90
15,000
9.0
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Whitley Place Planned Development
Page 5 of 16
1.05.4 Lot Depth
The minimum depth of any lot shall be 120 feet, except that a lot at the
terminus of a cul-de-sac or along street elbows/eyebrows may have a
minimum lot depth, measured at mid -point on front and rear lot lines, of
100 feet; provided all other requirements of this section are fulfilled.
1.05.5 Front Yard
The minimum depth of the front yard shall be as shown in the following
table.
1.05.6 Side Yard
The minimum side yard on each side of a lot shall be as shown in the
following table. The side yard set back for all corner lots shall be a
minimum of 15 feet.
SIDE YARD SETBACK SUMMARY
FMinimum Lot Area SF
Min. Side Yard Setback T.
43,560 one -acre
15
30,000
15
15,000
10
12,500
10
10,000
g
1.05.7 Rear Yard
The minimum depth of the rear yard shall be 20 feet for all lots on Tracts
A, and shall be 15 feet on Tract B.
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5
Whitley Place Planned Development
Page 6 of 16
1.05.8 Building Height
Buildings shall be a maximum of two and one-half (2%2) stories, not to
exceed forty feet (401) in height.
1.05.9 Minimum Dwelling Area
The minimum enclosed heated and cooled living area shall be as shown in
the following table.
MINIMUM DWELLING AREA SUMMARY
Minimum Lot Area SF
Minn. Dwelling Area SF
43,560 one -acre
2,400
30,000
2,400
15,000
2,400
12,500
1,800
10,000
1,800
'I he minimum dwelling area on Tract B shall not be less than 2,800 SF.
1.5.10 Mechanical Equipment
All mechanical equipment (pool, air conditioning, solar collectors, etc.)
must be completely screened from public view. A combination of screens,
hedges, or walls should be used to screen equipment or mechanical areas.
2.0 Residential Planned Development District - General Conditions
2.01 Conformance to All Applicable Articles of the Town of Prosper Zoning
Ordinance
Except as amended herein, this Planned Development District shall conform to
any and all applicable articles and sections of ordinances and regulations of the
Town of Prosper, including Zoning Ordinance, No. 05-03, and Subdivision
Ordinance, No. 03-05, as they presently exist or may be amended. All Right of
Ways as specified in the Town's Transportation Plan will be deeded to the Town
at the time of development with the Final Plat.
2.02 Amenities:
2.02.1 TrailheadNiewing Structure
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Whitley Place Planned Development
Page 7 of 16
The Developer for the Planned Development District shall construct a
TrailHead/ Viewing Structure with -'a minimum of eight parking spaces.
Construction will be ADA compliant and meet requirements of Texas
Accessibility Standards. The structure will be completed in Phase One.
2.02.2 Pocket Park
Pocket Park shall mean a park of one acre or more. In addition to the Trail
Head/Viewing Structure, the developer will furnish and build a pocket
park. Size and location of the Pocket Park will be located on the site plan
and approved by the Town of Prosper. The pocket park shall include park
benches, landscaping and automatic irrigation system as specified in the
Ordinance 05-03.
2.02.3 Trails
The developer and Town of Prosper will enter into a Development
Agreement at the time of platting, such Agreement to include a hike and
bike trail to be constructed in the location shown on Exhibit D. The Trail
width shall be 8 feet and constructed of concrete. Developer will install
emergency access at the end of the cul-de-sac adjacent to Area A.
Construction will be 12' (twelve feet) wide Grass crete® on treated base
material to meet Town's requirement. Construction costs of the trail along
Wilson Creek and its tributary and the bridge over Wilson Creek will
offset Park Fees or serve as Park Fee credits on the overall Whitley Place
development. Park fees for the lots in this development shall be set to be
the same as the remainder of the Whitley Place development at $1000 per
lot. The Developer will provide an easement for the trail and bridge.
2.02.4 Entry Features and Enhancements
The developer will construct entry features and enhancements at a number
of locations within the site. These aesthetic amenities will include
monument walls, landscaping, and structural elements at key locations as
shown on Exhibit "G". In addition, a "Trailhead Pavilion" will be
constructed at the lakes centrally located in the development as stated in
Section 2.02.1, above. These feature,, will be constructed on open space
lots contiguous to local streets and will be limited to a maximum height of
25 ft.
2.03 Screening and Buffering
The area of the development along East First Street, Prosper Trail and Custer
Road shall be screened by a combination of earthen berms, turf grass, trees and
shrubs, as specified on the attached Exhibit "F" and in conformance with Section
10.13.5 of the Subdivision Ordinance.
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Whitley Place Planned Development
Page 8 of 16
2.04 Zoning Site Plan
A Zoning Site Plan is hereby attached (Exhibit "D") and made a part of the
ordinance. It establishes the most general guidelines for the district by identifying
the project boundaries, land use types, approximate thoroughfare locations, ROW
dedication, roads, trails, drainage, and easements and illustrates the integration of
these elements into a master plan for the whole district.
2.05 Streets
The main entry street from East First shall be designed as an urban street section
(concrete paving with integral curbs and underground storm drainage system in an
appropriate right-of-way. If divided, the paved section for the main entry street
shall be concrete paving with 24' wide pavement for travel in each direction.
Where undivided, it shall be constructed similar to other residential streets. The
residential streets shall consist of a 50-foot right-of-way with a 31 foot paving
section (b-b) and drainage systems which shall be incorporated into the street
facility with concrete paving and mountable curbs. Grass-crete may be provided
for cul-de-sacs to provide a second point of access for emergency access to meet
Fire Department requirements. Right-of-way areas shall be dedicated and
provided on any and all adjacent street or road section to conform to the Town of
Prosper Subdivision Ordinance.
For Tract B, the residential street shall consist of a 50-foot right-of-way with a 31
foot paving section (b-b) and drainage systems which shall be incorporated into
the street facility with concrete paving and mountable curbs. An Emergency
Access road shall be constructed of Grass-crete or similar suitable material from
the local residential street to Custer Road to provide a second point of access to
this tract. This Emergency Access road shall be provided within an Access
Easement. The Emergency Access entrance off Custer Road will be gated with a
Knox box and/or lock as per Fire Department requirements, and will be built to
comply with the landscaping and screening requirements set forth herein. All
streets, roads, and access routes shall be as shown on the Site Plan. Right-of-way
areas shall be dedicated and provided on any and all adjacent street or road
sections to conform to the Town of Prosper Subdivision Ordinance. The
minimum centerline radius of local residential streets shall be 120 feet so as to
allow preservation of existing large trees on the property. The street will not be
subject to any maximum length regulations between its entry from Whitley Place
Phase 1 and the proposed turn -around near the eastern boundary line.
2.06 Maintenance of Facilities
The Developers shall establish a Homeowner's Association (HOA), in which
membership is mandatory for each lot that will be responsible for operation and
maintenance of all common areas and/or common facilities contained within the
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Whitley Place Planned Development
Page 9 of 16
area of the Planned Development District or -adjacent Right of Way (ROW). The
homeowner's association will be created with Phase 1 and each subsequent phase
shall be annexed into the association as specified in Exhibit B. Prior to transfer of
the ownership to the HOA, all specified facilities shall be constructed by the
Developer and approved by the Town. A two (2) year maintenance bond for all
improvements contained within the HOA area or ROW shall be provided at the
time of transfer. The developer shall provide the Town a mandatory HOA
agreement that will become part of the deed of record. Maintenance of Facilities
will require the developer enter into a Facilities Maintenance Agreement with the
Town of Prosper prior to filing of the final plat for the lots and common areas for
these features.
2.07 Sidewalks
All residential streets ,in Tract A will have a four (4) foot wide sidewalk located
on both sides of the street, and generally, shall be located two feet (2') from the
street right-of-way line. Sidewalk in Tract B will be installed along lot frontages
but not be installed along the portion of street that fronts the Walnut Grove
Cemetery. All public street ROW sidewalks and crossings shall be ADA
compliant.
2.08 Mailboxes
The Developer will deed restrict the property to require a standard mailbox design
that will be constructed with each home or structure and maintained by the
property owner or HOA for a consistent look throughout the development. Each
mailbox will be iron, wrought -iron or cast alloy posts or stand and all mailboxes
will match in color and style. Brick mailboxes will not be allowed.
2.09 Landscaping
Landscaping requirements shall comply with the Town of Prosper Comprehensive
Zoning Ordinance.
2.10 Fencing
All lots adjacent to designated open spaces, parks, and/or trails (Areas A through
G as shown on Exhibit G and described in Section 2.13 herein) shall be restricted
to ornamental metal fencing.
2.11 Water Feature
The Zoning Plan attached to the Plan Development District Standards indicates at
least one water feature, which is to be constructed and improved as a part of this
development. The design, construction, and initial maintenance cost of the Water
Feature shall be provided by the developer. The completion of each Water
IAproj\0135i 101\dockReZoning-TractsA&B&C\WhitleyPlacePDAmendment-I1-02-2006 Rev 111606.doc
Whitley Place Planned Development
Page 10 of 16
Feature indicated shall be coincidental with or prior to each Phase or Section of
development. If the development schedule is modified or altered then the
proposed water feature shall be completed on or prior to fifty (50%) percent of the
land area being platted. Maintenance of Facilities will require the developer enter
into a Facilities Maintenance Agreement with the Town of Prosper prior to filing
of the final plat for lots and common areas for these features.
2.12 Open Space Requirements
The development of the Property will provide a minimum of 34 acres of common
open space area including such items as parkland areas, pocket parks, water
features, creeks and natural preserved areas as shown on Exhibit "D".
Specifically, the common open space areas are designated as follows:
• Area "A" — Parkland dedication area including a portion of the hike and bike
trail of approximately 2.5 acres.
• Area `B" — Hike and bike trail easement across the one -acre lots adjacent to
Naugle Creek of approximately 2 acres.
• Area "C" — Parkland dedication area including a minimum of 4-acres of lakes,
Viewing Structure and hike & bike trail totaling approximately 10.3 acres.
• Area "D" — HOA open space area including a %2-acre lake, sidewalks and park
benches in approximately 2 acres.
• Area "B" — Parkland dedication area along Wilson Creek restricted to natural
space and hike and bike trail uses, totaling approximately 12 acres.
• Area "F" — Parkland dedication area suitable for future playing fields of
approximately 7 acres.
• Area "G" — Parkland dedication along Wilson Creek and the hike and bike
trail and bridge of approximately 3 acres restricted to natural space and hike
and bike trail uses, and approximately 6 acres of private HOA open space
area.
2.13 Park Land Dedication
The common open space/park land shall consist of a minimum of 34 acres (7%)
generally along existing creeks including park improvements such as the hike and
bike trail and viewing structure as described above and an area located near the
existing pond (Area "D") including passive park improvements for that area such
as park benches and landscape enhancements. The maximum percentage of
floodplain land that qualifies for parkland in accordance with Section 13.3.1 of
the Prosper Subdivision Ordinance shall not apply to this property. The ownership
and maintenance responsibilities of the common open space and parkland areas as
shown on Exhibit "A" will be as follows:
• Area "A" — Parkland area to be dedicated to the Town of Prosper. The
Homeowners Association (HOA) will maintain this area until the subdivision
if 70% built out a --rid the HOA is under the control of the residents of the
I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAn?ndment-I1-02-2006 Rev 111606.doe 10
Whitley Place Planned Development
Page I 1 of 16
subdivision. Thereafter the maintenanoe of this area will be split evenly
between the HOA and the Town of Prosper thru a Facilities Maintenance
Agreement between the Whitley Place Homeowners Association and the
Town of Prosper. After Application for preliminary plat but prior to filing of
final plat, the Town and developer will create the Facilities Maintenance
Agreement.
Area "B" — Hike and bike trail and landscape easement will be dedicated to
the city across the area of the one -acre lots that is adjacent to Naugle Creek.
The Homeowners Association (HOA) will maintain this area until the
subdivision is 70% built out and the HOA is under control of the residents of
the subdivision. Thereafter, the maintenance of the hike and bike trail will be
split evenly between the HOA and the Town of Prosper thru a Facilities
Maintenance Agreement between the Whitley Place Homeowners Association
and the Town of Prosper. After Application for preliminary plat but prior to
filing of final plat, the Town and developer will create and execute the
Facilities Maintenance Agreement.
Area "C" — Parkland area to be dedicated to the Town of Prosper. This area
will be maintained by the Home Owners Association (HOA) until the
subdivision is 70% built out and the HOA is under the control of the residents
of the subdivision. Thereafter the maintenance of this area will be split evenly
between the HOA and the Town of Prosper thru a Facilities Maintenance
Agreement between the Whitley Place Homeowners Association and the
Town of Prosper. After Application for preliminary plat but prior to filing of
final plat, the Town and developer will create and execute the Facilities
Maintenance Agreement.
Area "D" — Common open space area to be owned and maintained by the
HOA.
Area "B" - Parkland area to be dedicated to the Town of Prosper. This
parkland area will be used for hike and bike trail and a nature area and will be
maintained by the Home Owners Association (HOA) until the subdivision is
70% built out and the HOA is under the control of the residents of the
subdivision. Thereafter the maintenance of this area will be split evenly
between the HOA and the Town of Prosper thru a Facilities Maintenance
Agreement between the Whitley Place Homeowners Association and the
Town of Prosper. After Application for preliminary plat but prior to filing of
final plat, the Town and developer will create and execute the Facilities
Maintenance Agreement.
• Area "F" - Parkland area to be dedicated to the Town of Prosper. This area
will be maintained by the Home Owners Association (HOA) until the
subdivision is 70% built out and the HOA is under the } ontrol of the residents
of the subdivision. Thereafter, the maintenance of t1ls area will be by the
IAproj\01352101\doc,:eZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc } I
Whitley Place Planned Development
Page 12 of 16
Town of Prosper. After Application for_preliminary plat but prior to filing of
final plat, the Town and developer will create and execute the Facilities
Maintenance Agreement.
Area "G" — This area is part Parkland to be dedicated to the Town of Prosper
and part Common Open Space area to be owned and maintained by the HOA.
The Parkland is generally located along and north of the hike and bike trail
and to include Wilson Creek. The Common Open Space will be located
generally south of the hike and bike trail. The Parkland area will be used for
the hike and bike trail and a nature area and will be maintained by the Home
Owners Association (HOA) until the subdivision is 70% built out and the
HOA is under the control of the residents of the subdivision. Thereafter, the
maintenance of the Parkland area will be split evenly between the HOA and
the Town of Prosper thru a Facilities Maintenance Agreement between the
Whitley Place Homeowners Association and the Town of Prosper. After
Applicatiori for preliminary plat but prior to filing of final plat, the Town and
developer will create and execute the Facilities Maintenance Agreement.
2.14 Park Improvement Fees/ Trail Construction
Initially, the Park Improvement Fees for this site are set at $1,000.00 (one
thousand dollars) per platted residential lot. However, the Town of Prosper may
instruct the Developer to install the Hike and Bike Trail on a phase by phase basis
with each phase of subdivision construction that abuts the trail system. If there is
a trail in place on adjacent property under separate ownership to the west of this
tract, the trail will be completed in Phase one of the development to provide for
the connection.
If the Hike and Bike Trail is constructed by the developer, full dollar for dollar
credit will be given to the developer as an offset against park improvement fees.
In no case will the developer be required to build a trail system and park
improvements that exceed the total park improvement fees for this project.
I:\proj\01352101\doc\ReZoning-TractsA&B&C\whitleyPlacePDAmendnient-11-02-2006 Rev 111606.doc 12
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Whitley Place Planned Development
Page 16 of 16
EXHIBIT "E"
WHITLEY PLACE DEVELOPMENT SCHEDULE
The development schedule for the approximate three hundred forty (340) acres will be phased
over the next nine (9) years as scheduled below:
Year
Approx. # Lots —
Amenities & Features
General Location
2006
210 —Tract A north and
Entry features with landscaping and signage
south of Wilson Creek
Enhanced landscaping and berms along Custer Rd and
CR 79 along proposed lots
Area "C" park land with hike & bike trail
TrailheadNiewing structure with hike & bike trails
Area "B" park land with hike & bike trail
Amenity Center
2008
70 — Tract A south of
Hike and bike trail along Naugle Creek in Area `B"
Wilson Creek; and Tract B
Hike and bike trail along Wilson Creek in Area "G"
H&B trail bridge over Wilson Creek
Entry features with landscaping and signage
2010
150 — Tract A north of
Area "F" park land
Wilson Creek
Enhanced landscaping and berms along Custer Rd and
CR 122 along proposed lots
2012
100 — Middle section of
Entry features with landscaping and signage
Tract A south of Wilson
Hike and bike trail along Naugle Creek in Area `B"
Creek
2014
122 — West section of
Area "A" park land with hike & bike trail
Tract A south of Wilson
Entry features with landscaping and signage
Creek
(Note: Phasing lines, number of lots and dates are approximate and are subject to change with
final design and due to external forces such as market conditions. Start dates for the overall
project will depend on the availability of adequate water and sewer service to this area.)
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IOSPER
WN OF ADMINISTRATION
To:
Mayor and Town Council
From:
Mike Land, Town Manager
Re:
Town Council Meeting — August 26, 2008
Date:
September 5, 2008
Aaenda Item:
Public Hearing for the Proposed 2008-2009 Fiscal Year Budget
Description of Agenda Item:
Attached please find my budget memo presented on August 12, 2008. Tonight is the second of
two public hearings to be held regarding the 2008-2009 Budget. I do not plan on going through the
entire presentation again but will have copies of the August 12, 2008 Power Point presentation
available. Regarding the difference between the current tax rate of $0.52 and a tax rate of $0.501,
this equates to a property tax revenue reduction of approximately $188,000. Staff is working
through the difference, examining other revenue opportunities to make up the reduction without
having to reduce proposed staffing, program or capital investments.
Budget Impact:
NA
Leaal Obligations and Review:
NA
Attached Documents:
Budget Memo presented August 12, 2008 to the Prosper Town Council
Town Staff Recommendation:
This is the second of two public hearings for the proposed 2008-2009 Budget.
Agenda Item No. 9 - Page 1 of 1
t
P TOWN ER
August 8, 2008
Honorable Mayor and Town Council
Citizens of Prosper
Mayor, Town Council, Citizens,
I am pleased to present to you the Proposed 2008-2009 Town of Prosper Annual Operations and
Maintenance Budget for your consideration. This document details the comprehensive strategic plan by
which the Town of Prosper strives to enhance the community's quality of life. For the first time, the Prosper
Town Council has adopted a Strategic Vision and Work Plan that was used in guiding the development of
this proposed budget. The most important element of their effort resulted in the following Purpose
Statement:
TOWN OF PROSPER
PURPOSE STATEMENT
"Prosper is a place where everyone matters."
In the coming year, a corresponding Performance Plan will be adopted that will be used to implement the
Council's Strategic Vision and Work Plan. The Work Plan in conjunction with Performance Measures are
important tools that will be used to define the level and quality of services to be provided to the citizens of
Prosper. By establishing standards, the Council, citizens and team members of the Town will have clear
expectations before them, helping everyone understand better the operations of the Town and the value of
what is being provided.
BUDGET OVERVIEW
The Town of Prosper 2008-2009 Proposed Budget represents a continuation of most Town services at
the same or similar levels, with added focus on improving public safety and community services.
Understanding that the Town's growth and revenues are directly related to uncertain economic
conditions in various markets, the budget is being proposed after prudent examination and with
conservative forecasts.
The Town of Prosper currently employs 75 team members - 61 full-time, 2 part-time and 12 on -call
temporary. Within the proposed budget there is a recommendation to only hire one additional
employee, a Communications Manager in the Police Department. All other department's personnel
will be funded at their current staffing levels. The budget does identify a four (4%) percent pay
increase for all employees.
In evaluating the 2008-2009 Proposed Budget it is important to consider several historical
organizational initiatives, current environmental factors and the impact each has on planning for
additional appropriations. Those with the greatest impact are listed below.
• FY 2009 will include the first full year's implementation of the Waters Consulting Group Pay
Plan that was adopted in 2007. The current Fiscal Year Budget, 07-08, implemented the pay
plan in three phases, with the final phase not being implemented until this September, 2008.
Implementing the plan in this way afforded the Town the opportunity to improve employees
pay while at the same time minimizing its costs in the current Fiscal Year. The Fiscal Year
08-09 Budget though reflects the full cost of the pay plan's implementation. This will
automatically increase personnel cost approximately $105,000 plus benefits.
• The Town is continuing to receive negatively trending sales tax revenues. The budget
recognizes a decrease of nearly 17% or $200,000 in budgeted sales tax compared to the 07-08
Budget despite the addition of some commercial space in 2009.
• The addition of EMS/Fire staff as approved in FY 2007 has resulted in additional costs totaling
$548,000, which are partially offset by grant revenues anticipated to be $341,550. This grant
will continue for four more years with a decreasing value paid to the Town each year of the
grant.
• Energy and Fuel costs continue to rise at an alarming rate. The proposed 08-09 Fiscal Year
General Fund Budget anticipates increased cost totaling $85,000, or a 46% increase over the
adopted 07-08 Fiscal Year Budget.
• The State of Texas on July 25, 2008 granted the Town of Prosper the ability to create its own
911 Dispatch Center. This was necessitated by the fact that the Town will no longer be
receiving 911 dispatch services from Frisco sometime after the first quarter of 2009. In the
interim and prior to the Town establishing its own Dispatch Center, the Town will be served by
the Collin County Sheriff's Department. As a result of these actions, it is recommended that
the Town hire a Communications Manager to shepherd this project, ensuring that the citizens
of Prosper receive the best service possible with no service interruptions.
The proposed 2008 — 2009 Budget Appropriations total $11,209,939 for all funds not including debt service
payments. Of that amount, approximately $6,289,129 is for General Fund operations and maintenance,
$3,897,686 is for the Town's Enterprise Funds including Solid Waste, Water and Sewer utilities, and the yet
to be funded Stormwater Drainage utility. Debt service payments will total $2,127,619.
Property Values
Certified freeze -adjusted, taxable property valuations increased by $178M (23.4%) in FY 2008-09. These
values increased from $762,250,305 to $940,820,954. While the growth in certified property valuations
continues to increase, economic and inflationary pressures of rising energy cost are counterbalancing this
growth specifically with the continuing decline in sales tax collection. This past year the Town has seen a
stabilized residential construction market indicating property tax values will continue to increase.
Property Tax Rate
This year the property tax rate as proposed is consistent with the current tax rate of $0.52 per $100 of
property valuations. The portion of the tax applied to debt service is $0.214989.
Sales Taxes
In the face of rising energy and fuel cost and the slow down in the construction industry throughout the
region the Town's retail sales tax collections are projected to continue to decline.
Utility Rates
The Town of Prosper Town Council this past spring engaged the services of J. Stowe and Company to
produce with staff a Water and Wastewater Utility Comprehensive Business Plan. The Plan will be
presented to the Town Council within the next sixty (60) days. Contained within the plan are
recommendations to enhance revenues, to establish a 60 day operations and maintenance reserve account and
to fund an annual contribution of 2% to a capital replacement program.
Solid Waste rates will be increasing this coming Fiscal Year reflecting the fuel service charge being added
by IESI, as allowed for in the current contract with the service provider.
Stormwater Drainage Utility rates will be implemented in the coming year. Staff continues to research data
prior to recommending the establishment of a rate.
GENERAL FUND
The 2008-2009 Proposed Budget as presented is based on using the Existing Tax Rate of $0.52. The
projected effective tax rate, that is the rate that would generate the same amount of property tax
revenues in 2008-2009 that were generated in this fiscal year, is $0.486331. The rollback rate, which
equates to 108% of the effective operating rate, plus the debt service rate, less the additional sales tax
adjustment dedicated to property tax relief is $0.501568. Without the sales tax adjustment of
$0.038043, the rollback rate would be $0.539611. Each penny of the tax rate generates approximately
$94,000 in property tax revenue. Additionally, for property tax revenue projections the Collin County
Tax Assessor -Collector states that it again expects to collect 100% of the current property taxes due.
Revenues are expected to exceed Appropriations resulting in an increase of $55,232 to the Town's
Fund balance. The Audited Fund Balance at the end of 2006 — 2007 was $3,093,165. Revised Fund
balance prior to the final audit for 2007 — 2008 is expected to increase to $3,208,047. (The actual
2007-2008 budget called for no increase to the Fund Balance.) Should the current projections hold
true, the total projected fund balance as of September 30, 2009 could be $3,260,279.
The Town has historically called for a reserve level equal to 16% (or 60 days) of appropriations. In the
Proposed 2008-2009 Budget, the target reserve level has been elevated to 25% (or 90 days). In
addition to this reserve, staff has earmarked an amount of the fund balance equal to 10% of the total
general fund expenditures to conform to the Town Charter provision regarding contingent funds.
At the end of the 2008-2009 fiscal year the projected total fund balance not otherwise restricted or held
in contingency should total $1,068,959 which equates to an additional 61 days of operations depending
on final audited numbers.
REVENUES
Overall, revenues are projected to increase 18.4% compared to budgeted 2007-2008. This increase
continues to reflect the overall decrease in sales tax collections. Property Tax Revenues for Operations
and Maintenance are projected to increase by approximately 32.3% compared to budgeted 2007-2008
revenues. Sales Taxes are projected to decrease at a 9.1% rate over collections for this year while
Franchise and other related Taxes are projected to increase 11.3% primarily as the result of increased
energy cost and growth in the community.
Staff continues to be conservative when projecting sales tax because of the down turn in construction
related projections for the DFW metroplex. The Town's sales tax has seen a continued decline
beginning in 2006 when it was at its height to the current year. In the current year, excluding the
onetime audited adjustment from the State reflecting a single payment for sales tax collections between
2000 and 2003, the Town is expected to receive $1,012,000. This represents a decline of
approximately 33% in sales tax receipts over the last 3 years.
Permit Revenues are projected to remain constant when compared to the 2007-2008 Budget yet
substantially less than actual revenues for the current fiscal year reflecting less new home or multi-
family construction and minimal non-residential construction in the coming year. Municipal Court
Fines and Licenses are projected to remain consistent with the current year's projected revenues. Fees
and Other Revenues are projected to increase by 105% over the prior budget. Street rental and
payment in lieu of taxes from the Town's Enterprise Funds are projected as new revenue in the 2008-
2009 budget. The expected SAFER Grant revenues ($341,550) contribute to most of this large
increase.
General Fund Revenues by Source
Revenue Category
FY2009 Proposed
% of Total
Property Tax
$ 2,884,060
45.5%
Licenses, fees, and permits
$ 1,055,785
16.6%
Sales Tax
$ 1,003,045
15.8%
Grants
$ 341,550
5.4%
Franchise
$ 299,494
4.7%
Interfund Transfer In
$ 199,502
3.1%
Fines & warrants
$ 191,875
3.0%
Charges for services
$ 159,700
2.5%
Miscellaneous
$ 106,150
1.7%
Investment Income
$ 100,200
1.6%
Revenue Total
$ 6,341,361
1 100.0%
APPROPRIATIONS
Total General Fund Appropriations for the 2008 — 2009 Budget are $6,289,129. This is an increase of
approximately 17.4% compared to the 2007 — 2008 Budget. Personnel costs constitute 65.3% of the
General Fund Budget. There is only one (1) new addition to Personnel in the proposed budget and all
other Departmental existing positions are proposed to be funded. Program Enhancement and Capital
Expenditures included in the proposed appropriations and planned for the 2008 — 2009 Fiscal year by
Division are as follows:
CONTINUATION
AND PROGRAM
DIVISION ENHANCEMENT DESCRIPTION
Administration $12,000 Dedicated Community Communications
Program
Planning $55,000 GIS increase, Annexation, Aerial Maps,
Subscription to TRAKiT Program Hosting
Engineering $40,000 Update to Town's Roadway Impact Fee
Ordinance
Police
Fire
Streets
Parks and
Recreation
Administration
$186,000 Communications Manager, Hand held
radios, Outfit police officers for safety,
Leased vehicles and additional cruisers,
Weapons and vehicle equipment to outfit 3
vehicles- 2 new and a seized Tahoe
$14,000 Leased vehicle
$11,200 Trailer
$17,000 Support equipment for maintenance
The Administration proposed budget includes funding a dedicated communication program for the
community. This represents funding one of the Town Council's goals and fulfills the commitment to
improve communication between the Town and those it serves. What once was a section of the
budget, Communications, has been folded into the Administration's budget. There are no other
additions to the Administration budget.
Police
While additional Police Officers have been requested, the budget as presented does not include any
additional Police personnel with the exception of a Communications Manager. With the Town's
successful designation by the State to implement a 911 Dispatch Operation, there is a need to hire a
Communications Manager in the coming Fiscal Year. This position will be responsible for the
coordination of the dispatch project from inception and is expected to later serve as the Dispatch
Supervisor.
The budget as presented includes funding for the purchase or required tactical equipment including
vests, personal and vehicle radios, and the continued acquisition of police vehicles. Additional costs
reflected in the Police Department budget include contractual costs with Collin County for Animal
Control.
Municipal Court
The 2008-2009 Municipal Court proposed budget reflects increased costs resulting from the potential
relocation of the Police Department to the current Town Hall, and the entire costs associated with their
current location now being the responsibility of the Municipal Court. These increased costs even
though they are actually just being redistributed from the Police Department's budget, include
additional rent, electricity and IT costs.
EMS/Fire
The 2008-2009 proposed budget reflects the addition of the six (6) personnel the Town was able to
bring on as a result of receiving the SAFER Grant. The SAFER grant reimbursement will cover 62.3%
of these six firefighters and an additional three (3) that were already budgeted for 2007-2008 and were
able to be incorporated into the Grant. With these additional Firefighters/Paramedics, the Town for the
first time is able to provide full time paid staff service to the residents on a 24/7 basis for both Fire and
Ambulance services. Up until this time, paid part time staff and volunteers supplemented paid staff in
accomplishing this goal. Personnel cost in this department reflect the single largest increase in the
overall budget for the Town in the coming fiscal year.
Public Works — Streets and Parks and Recreation
There are no significant changes or additions to the Street Budget proposed in 2008-2009 over the
current fiscal year.
In Parks and Recreation there are a several program changes proposed. The first change in Contracted
Services represents increases resulting from additional park land coming online this coming fiscal year,
including Folsom and Whitley Place parks. In the case of Whitley Place, the Town has entered into an
agreement stating that the costs for the maintenance of this park will be pass through costs, reimbursed
by the Developer; therefore the costs while revenue neutral should be recognized. The second cost
increase in this division reflects the continued purchase of equipment to support the maintenance of the
fields.
Development Services - Inspections, Planning and Engineering
There are no significant changes proposed for any of the divisions of Development Services. The
Inspections Division will continue to utilize a private contractor to perform all health/food
establishment/hotel inspections.
Planning will continue to contract with Frisco's GIS department for mapping services and planned
expenses are identified for the continuation of the Town's annexation of areas within its existing ETJ.
This budget also includes the hosting service fee for the TRAKiT software program, which will
support all of Development Services better than the existing tool.
Contained within the Engineering Division's proposed budget is the update to the Town's Roadway
Impact Fee Ordinance necessitated by the continued growth of the Town, increased construction cost
and certain development agreements that have been entered into by the Town.
ENTERPRISE AND SPECIAL REVENUE FUNDS
GENERAL OBLIGATION I&S FUND
This fund represents the debt portion of the tax rate. Debt payments from I&S for 2008-2009 will total
$2,055,959, an increase of $189,011 from the current year's budget.
WATER, SEWER AND SOLID WASTE UTILITY FUND
Revenues for the Water, Sewer and Solid Waste Fund are expected to increase to $3,895,993 without
any revenue enhancements. Based on a the to be adopted business plan for the Water and Sewer
Utility Fund, there will need to be revenue enhancements adopted to cover existing and future
operations and maintenance costs as well as debt service and contracted sewer costs with Upper Trinity
beginning in the 2009-2010 fiscal year. Additionally due to TCEQ rules, the Town will need to adopt
the equivalent of a per connection/door charge for any existing and future multi -family, nursing home
and mobile home parks. Regarding Solid Waste, IESI has begun to bill the Town an additional $0.53
per residential customer per month for fuel costs. The fuel surcharge increase for commercial
customers is $1.71 per month. This additional cost of approximately $1,700 per month and should be
passed on to the customer as contemplated in the contract with IESI.
Water/Sewer Fund Revenues by Source
Revenue Category
FY2009 Proposed
% of
Total
Water Charges
$ 2,417,300
62.05%
Sewer Charges
$ 674,200
17.30%
Solid Waste Charges
$ 424,900
10.91%
W/S Tap & Construction
$ 200,000
5.13%
Investment Income
$ 93,000
2.39%
Penalties
$ 69,300
1.78%
Service Initiation
$ 14,000
0.36%
Licenses, fees, and permits
$ 1,650
0.04%
Miscellaneous
$ 1,643
0.04%
Revenue Total
$ 3,895,993
100.00%
Expenses for the fund total $3,965,346 resulting in a net "loss" of $69,353 for the fiscal year, which
will decrease the net asset balance of these funds. The projected Operating Revenues are well short of
the targets established within the proposed business plan for these utilities. The additional revenues
over expenses projected in the business plan are to be designated for reserves, capital investment
reserves and debt service reserves.
There is a $45,000 increase in Professional Services for the implementation of a Rate Study for the
Water and Sewer Fund. This is critical in light of the targets, and in anticipation of the payments to the
Upper Trinity system for sewer service beginning October 1, 2009. The Contractual/Professional
Services category of the enterprise fund accounts for 34.5% ofthe budgeted expenditures; this category
is comprised of sewer management fees and other directly related professional service fees, but also
includes the Town's solid waste expense.
The proposed budget calls for the addition of a mower and a 1-Ton Utility Pickup. Utility Billing
received funds to complete the setup for online utility payments on STW, the Town's financial system.
There have been numerous citizen requests for this feature and the major hardware is already in place.
STORMWATER UTILITY FUND
There are currently no Revenues or Expenditures identified for this fund. Staff is completing an initial
rate analysis that would at least cover the cost of engineering studies needed for establishing the
parameters for a base rate for all customers, residential and non-residential.
GENERAL DISCUSSION ITEMS
The following items also have been incorporated into the Proposed 08-09 Budget:
• In an effort to defer the rising costs of health care and simultaneously provide a more cost -
feasible medical plan to our employees, the Town has elected to insure through a high
deductible plan accompanied by a Medical Expense Reimbursement Plan (MERP). This will
require some funding to the Internal Service Fund, but should produce a net savings based on
actuarial experience. Expected MERP claims are $45 per member per month, but the proposed
budget funded this at twice the amount to ensure ample coverage. The cost to have renewed
the previous coverage would have been $213,528. Including the new design, MERP
administration fees and MERP liability, the Town is projected to save almost $38,000 in
medical premiums. If the claims experience is twice the actuarial estimate, the Town still
saves $5,900 dollars as compared to the traditional plan.
• Proposed Personnel Policy Manual revision impacts:
Two (2) days total paid time off were added.
The merits of the current longevity pay practice (whereby employees receive
$25/month of service and are capped at $1,000) are being reviewed and possibly
revised to a $5/month with a benefit service limit of 25 years. This is more in line
with standard practice in the market and would do more to incentivize long term
service. This would not be implemented at any financial loss to existing
employees. To make sure existing employees receive the full benefit as they had
before the policy change, the Town could add the difference between the previous
calculation and the new calculation directly into the employee's salary.
The Proposed Budget includes $60,304 for payments made to employees to "cash
out" vacation balances in excess of 40 hours. This is written in the policy so as to
allow a total of 80 hours to be paid out per employee per fiscal year, but is being
reduced to 40 hours due to budget constraints. The purpose of introducing this
option is to reduce the Town's accrued liability from carrying existing employees
"banked" vacation hours, placing a new limit on carry over, and limiting the
Town's future liability in this area as new employees are hired.
• Changes were made to TMRS to allow for a 20 year, any age retirement instead of the current
25 years. This constitutes an increase of 0.29% of employee wages or $10,225. For an
additional 0.17% or $6,000, the Proposed Budget also calls for the allowance of a TMRS
provision called Transfer Updated Service Credit. These updates combined should help in
Town's recruitment efforts, especially for experienced public safety staff.
Due to budget priorities and constraints, additional staff requests other than the Police
Communications Manager's position have not been included. One last personnel issue that will be
examined for implementation in the coming Fiscal Year is the implementation of a Public Safety Step
Plan for Police and Fire. As this Step Plan is being finalized, it will be presented in the coming months
for formal adoption separate and apart from this proposed budget. The plan will have to be
implemented in phases and as such the first phase will not be recommended for implementation until
April of 2009 if accepted by the Town Council. If Council supports the implementation of the Step
Plan, the impact on the 2008-2009 fiscal year will be approximately $55,000.
Other Budget Issues to be addressed in Fiscal Year 2008-2009:
The Town Council and staff in the coming Fiscal Year will be working to create budget policies that
address targets for Fund Balance/Net Assets as a percent of Annual Revenues over Annual
Appropriations/Expenditures, Salaries and Related Expenses as a percent of annual operations and
maintenance costs, target capital expenditures and multi -year budgeting. Other items that will be
addressed include improving monthly budget reports designed to assist in identifying cash
flow/operating requirements and the impact of economic cycles on the Town's budget.
In summary, staff is able to present a proposed budget that meets the objectives provided by Council,
utilizing the current tax rate, keeping personnel cost minimized compared to overall Appropriations,
while maintaining continued capital and equipment investment.
The momentum of the Town's growth going into FY 09 has been slowed somewhat by the downturn in
the market. With the opening of the DNT frontage road north through Prosper, the addition of a couple
of high quality multi -family projects and additional commercial space, the Town will continue to
experience solid growth in population and property values. In this time of slower growth, the Town
will prepare itself to better manage the rapid demand for services expected in future years. The
Proposed Budget facilitates only needed improvements and expansions to this end.
IP`*
SPER
OWN OF
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
Cc: Mike Land, Town Manager
ADMINISTRATION
Re: Ordinance Approving ATMOS Gas Rate Tariffs as Negotiated by the
ATMOS Cities Steering Committee on the Town's Behalf.
Agenda Item•
A public hearing to consider and act upon approval of an ordinance approving a negotiated
resolution with ATMOS Energy Corp., formerly TXU Gas Company, regarding the ATMOS
Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with
the settlement.
Description of Agenda Item:
The purpose of the Ordinance is to approve rate tariffs (Attachment A) that reflect the negotiated
rate change pursuant to the RRM process. The Ordinance also approves the Company's proof of
revenues (Attachment B), a required part of the RRM filing.
The RRM process was created by ACSC and ATMOS Mid -Tex to replace the controversial
GRIP surcharge system and allow cities to conduct a more comprehensive review of all of the
information regarding changes to ATMOS' revenues and expenses as well as its invested capital.
Experts working on behalf of ACSC reviewed the Company's filing, analyzed supporting
information and conducted discovery. Based upon their review, ACSC experts determined that
the evidence supported a base rate increase of $19.8 million, and not the $33.5 million proposed
by the Company. As a result of the negotiations, ACSC was able to reduce the Company's
requested $33.5 million RRM increase by more than 35 percent. Approval of the Ordinance will
result in rates that implement a $20 million increase in ATMOS' revenues effective October 1,
2008.
The impacts of the rate changes to average consumers are as follows. An average Residential
customer using 4.6 Mcf a month will have an increase of $0.81/month, 1.38% overall. An
average Commercial customer using 35.3 Mcf a month will have an increase of $2.93/month,
.77% overall. Lastly, an average Industrial/Transportation customer using 4,031 MMBtu a
month will have an increase of $267.56, .5% overall
Budget Impact•
There is no significant change to the Budget. Total FY 2008 expenditures to date for ATMOS
Gas only total $376.40.
Item No. 10 Page 1 of 2
Legal Obligations and Review:
Lloyd, Gosselink, Blevins, Rochelle & Townsend P.C. represents the ATMOS Cities Steering
Committee Members and was instrumental in rate review, negotiations and document
preparation.
Attached Documents:
Ordinance and RRM Fact Sheet
Documents Referenced in the Ordinance (but not attached) are very large and available for
review at Town Hall.
Attachment A — Tariffs
Attachment B — Proof of Revenue
Board, Committee and/or Staff Recommendation:
Staff is recommending that the Town approve the ordinance.
Item No. Page 2 of 2
Rate Review Mechanism
Fact Sheet
*The Rate Review Mechanism (RRM) was created as part of a collaborative agreement between
ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure
Program (GRIP) surcharge process.
*The RRM authorizes cities to meaningfully review and dispute the company's annual rate
filings in an expedited rate proceeding at the city level. This authority was lacking under the
GRIP process.
*The RRM will function as a substitute for future GRIP filings during the three-year trial period.
*The RRM permits the Company to seek an annual review of its revenues, estimated cost of
operations, and capital investments. In most cases, the company cannot seek rate adjustments
greater than 5 percent. The Company must provide evidence as part of the annual review
process that Cities can assess and, if necessary, challenge.
*The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses
exceed its anticipated revenues for a 12 month period. However, if the Company's revenues
exceed its authorized rate of return, it must issue refunds.
Costs Expressly Prohibited from Recovery Under the RRM:
First class air -fare, travel, meals or entertainment for employee's spouse, alcohol, sports
events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and
social club membership dues.
The RRM is applicable only to the Company's base rates - the cost of delivering natural
gas to customers. The commodity price of natural gas is a pass -through cost to customers
that can change monthly based upon the price of natural gas.
Process for RRM Filing:
Cities have 90 days to review the Company's RRM filing. After the 90-day "Review
Period," the 30-day "Response Period" allows Cities to work with the Company regarding issues
identified by the city during the Review Period.
Atmos Mid -Tex' first RRM was made April 14, 2008. In subsequent years, Atmos will
make its RRM filing with Cities on or after April 1St of each year. (The filing date is referred to
as the "Annual Evaluation Date" in the tariff.)
The City and the Company commit to act collaboratively during this process. However,
if Cities and the Company cannot come to agreement at the end of the Response Period, the
Company may appeal a city's action or inaction on the RRM to the Railroad Commission.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ("TOWN") APPROVING A
NEGOTIATED RESOLUTION BETWEEN THE ATMOS
CITIES STEERING COMMITTEE AND ATMOS ENERGY
CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR
"THE COMPANY") REGARDING THE COMPANY'S
RATE REVIEW MECHANISM FILING IN ALL CITIES
EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE NEGOTIATED SETTLEMENT
AND FINDING THE RATES TO BE SET BY THE
ATTACHED TARIFFS TO BE JUST AND REASONABLE;
APPROVING ATMOS' PROOF OF REVENUES;
ADOPTING A SAVINGS CLAUSE; DETERMINING THAT
THIS ORDINANCE WAS PASSED IN ACCORDANCE
WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE;
AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas ("Town") is a gas utility customer of Atmos
Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "the Company"), and a regulatory
authority with an interest in the rates and charges of Atmos Mid -Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of more than 150 similarly situated cities served by Atmos Mid -Tex that have joined
together to facilitate the review and response to natural gas issues affecting rates charged in the
Atmos Mid -Tex service area (such participating cities are referred to herein as "ACSC Cities");
and
WHEREAS, Atmos and ACSC Cities have been in continuing disagreement, dispute, and
litigation over the implementation of GRIP surcharges pursuant to Section 104.301 of the Texas
Utilities Code; and
Atmos RRM Ordinance
WHEREAS, as part of the negotiations to resolve Atmos' 2007 rate case, ACSC Cities
and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff
that allows for an expedited rate review process controlled by Cities as a substitute to the current
GRIP process instituted by the Legislature; and
WHEREAS, the Town took action earlier this year to approve a Settlement Agreement
with Atmos Mid -Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff;
and
WHEREAS, on or about April 14, 2008, Atmos Mid -Tex filed with the Town its first
application pursuant to the RRM tariff to increase natural gas rates by approximately $33.5
million, such increase to be effective in every municipality that has adopted the RRM tariff
within its Mid -Tex Division; and
WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a
Negotiation Committee made up of ACSC representatives and assisted by ACSC attorneys and
consultants to resolve issues identified by ACSC in the Company's RRM filing; and
WHEREAS, the Company has filed evidence that existing rates are unreasonable and
should be changed; and
WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos is able to
justify a rate increase of $19.8 million; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommends ACSC members approve the attached rate tariffs ("Attachment A" to this
Ordinance) that will increase the Company's revenue requirement by $20 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues
("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by
Atmos RRM Ordinance 2
ACSC Cities (including but not limited to a reduction of the residential customer monthly charge
to $7.00 per month) and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any
Settlement Agreement that Atmos enters into with other entities arising out of its RRM or any
associated appeals of a decision entered by the Railroad Commission regarding the Company's
request to increase rates. The ACSC Cities' acknowledge that the exercise of this right is
conditioned upon the ACSC Cities' acceptance of all rates, revenues, terms and conditions of any
other Settlement Agreement or associated appeals arising out of the Company's RRM filing in
toto; and
WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting
rates are, as a whole, is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the Town Council finds that the existing rates for natural gas service
provided by Atmos Mid -Tex are unreasonable and new tariffs and Atmos' proof of revenues,
which are attached hereto and incorporated herein as Attachments A and B, are just and
reasonable and are hereby adopted.
Section 3. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 4. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Atmos RRM Ordinance 3
Section 5. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 6. That if ACSC Cities determine any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement approved in any
proceeding addressing the issues raised in Atmos' RRM filing would be more beneficial to the
ACSC Cities than the terms of the attached tariff, then the more favorable rates, revenues, terms
and conditions, or benefits shall additionally accrue to the ACSC Cities. Exercise of this right is
conditioned upon ACSC Cities' acceptance of all rates, revenues, terms and conditions of any
other Settlement Agreement or associated appeals arising out of the Company's RRM filing in
toto.
Section 8. That this Ordinance shall become effective from and after its passage with
rates authorized by attached Tariffs to be effective for customer bills delivered on or after
October 1, 2008.
Section 9. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this day of , 2008.
Mayor
ATTEST;
Atmos RRM Ordinance 4
Town Secretary
APPROVED AS TO FORM:
Town Attorney
Atmos RRM Ordinance
;ISPER
OWN OF ADMINISTRATION
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting — September 9, 2008
Date: September 5, 2008
Anenda Item:
Discussion of proposed new Personnel Policies and Procedures for the Town of Prosper.
Description of Agenda Item:
One of the priority tasks for the Town's team is to update the Town's Personnel Policies and
Procedures and to create a universal Performance Review tool to be used by all departments.
This winter and spring a team of employees representing supervisors, support staff and front line
workers participated in the process of developing what you are being presented with. This team
met on a weekly basis, researched and refined issues and presented to the Department Heads
their recommendations. The Department Heads spent time reviewing the recommended policies
and performance tool and modified or adjusted certain policies. My task was to take the two
recommendations, marry them where appropriate, and to in certain circumstances not include or
modify a certain recommendation. The following is a summary of the changes being
recommended to the current plan:
• Retirement Plan — Change from 25 years of service to 20 years.
• Tuition Reimbursement Plan:
o Full-time employees, minimum 6 months of service
o Limited to 2 courses per semester, plus $200 for books
o Grade requirement (Undergrad = C, Graduate = B)
o Must work 2 years after course completion, or money refunded to Town*
* Tuition Reimbursement: Legal stated that the Town could put a section in the application for
tuition reimbursement that basically states that the employee understands that he/she expected to
continue employment for two years length of time, and if he/she were to leave the Town before that
time, the Town has the right to deduct some/all of the cost of the tuition reimbursement from his/her
final paycheck. How much the Town would recoup would depend on the amount of accrued
leave, severance pay, etc. that they employee had.
• Holidays:
o Add Martin Luther King Day
o Provides a total of 10 paid holidays per year
Agenda Item No. 11 - Page 1 of 3
o Part-time employees paid for 'h day on holidays
Vacation:
o Accrue vacation leave on a per -pay period basis, instead of in a lump sum
o Combine Personal Days into one bucket with Vacation Days
o Add two (2) Vacation Days
■ For example, instead of 10 Vacation and 3 Personal Days, employee would
now get 15 Vacation Days.
o Maximum 3 weeks of vacation may carry-over at year end.
o Permanent Part-time employees may accrue vacation time at 1/4 the rate of Full-
time employees.
o Vacation Cash -Out
■ Employees may cash out up to 40 hours; twice a year (modified this year to
be only 20 hours, twice per year due to budget constraints.)
■ Must have a minimum 40 hours left after any cash -out.
Sick Leave:
o Accrue sick leave on a per -pay period basis, instead of in a lump sum.
o Maximum accrual is 720 hours with no annual payment (currently, max accrual is
120 hours, and if employee has reached the maximum, the person gets paid out
additional hours each anniversary).
■ Permanent Part-time employees — max accrual is 180 hours
■ Fire Dept shift employees — max accrual is 1,080 hours
o Maximum payment upon separation is:
■ Full-time employees — 120 hours
■ Permanent Part-time employees — 30 hours
■ Fire Dept shift employees —180 hours**
o Establish voluntary sick leave donation policy
** Fire Dept - Accrual of hours (Sick, Holiday, Vacation): Because the FD works 24 hour shifts,
instead of 8 hour days, they accrue leave at a different rate than other employees. They accrue at
1.5 times what other employees get. So for example, one week of vacation for me would be 40
hours. One week for a Fireman would be 60 hours (40 x 1.5).
Longevity Pay
o Payment reduced from $25 per month to $5 a month per year of service.
o Maximum service accrual is 20 years
o Current employee's longevity pay will be converted into their hourly rate and
subsequently converted into the new longevity payment policy. All new hire
employees after October 1, 2008 will be accruing at the lower rate.
Since some of these items do involve budgetary issues, the entire policy manual will not be
adopted until after the budget process is complete and in place. The plan is for these new policies
to take effect beginning with the start of the new fiscal year, October 1, 2008.
Budget Impact:
The 2008-2009 Proposed budget incorporates the costs associated with the modifications.
Legal Obligations and Review:
Legal council has reviewed the proposed policies and procedures.
Agenda Item No. 11 - Page 2 of 3
Attached Documents:
1. Chart illustrating comparatives to existing Town policies and surrounding communities.
Town Staff Recommendation:
This is a presentation only; no action is required at this time. Final adoption of the new policies will
take place after adoption of the budget.
Agenda Item No.11 - Page 3 of 3
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