02.14.2012 Town Council PacketPage 1 of 3
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1. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
1a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First
Street/Coit Road Improvement projects.
1b. Section 551.087. To deliberate regarding Economic Development Incentive for project south of
Prosper Trail, north of Hwy 380, east of Teel Parkway and west of Custer.
1c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located east of
Burlington Santa Fe Railroad, south of Prosper Trail, west of Custer, north of Hwy. 380.
1d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
2. Call to Order / Roll Call
3. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag
4. Announcements of dates and times of upcoming community events
5. 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.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
• January 24, 2012 – Regular Town Council Meeting
• January 31, 2012 – Joint Town Council and Planning & Zoning Meeting
5b. Consider and act upon Resolution 12-09, authorizing a second amendment to the
preannexation agreement with the Mahard 2003 Partnership, L.P., a Texas limited
partnership, and Mahard Egg Farm, Inc., Forest City Prosper Limited Partnership and the
Town of Prosper. (ML)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 14, 2012
Executive Session at 5:30 p.m.
Council Meeting at 6:00 p.m.
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5c. Consider and act upon the 2011 Racial Profiling Report as required by State Law. (GM)
5d. Consider and act on Resolution No. 12-07, Ratifying the changes made by Dallas MTA, L.P.,
d/b/a Verizon Wireless to the previously executed Water Tower agreement of July 12, 2011,
between the Town of Prosper and Dallas MTA, LP d/b/a Verizon wireless. (FJ)
5e. Consider and act upon Resolution No. 12-06 Suspending the March 6, 2012 requested rate
change of Atmos Energy Corp. Mid-Tex Division and approving cooperation with Atmos
Cities Steering Committee to establish reasonable rates. (MG)
5f. Consider and act upon Resolution 12-05 of Prosper Town Council, Collin and Denton
Counties, Texas, ordering the General Election to be held jointly with the Prosper
Independent School District and administered by the Denton County Elections Administration
on May 12, 2012, for the purpose of electing the positions of Place 2 and Place 6 to the Town
of Prosper Town Council to fill expiring terms; designating polling places;
designating locations of polling places; designating filing deadlines; ordering notices of
election to be given as prescribed by law in connection with such election; and appointing
election judges. (AP)
5g. Consider and act upon a proposal from the Prosper Independent School District to conduct a
softball tournament at Frontier Park. (WH)
5h. Consider and act upon Ordinance No. 12-05 rezoning 3.5± acres, located on the south side of
Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development-Retail (PD-R). (Z11-0013). (CC)
5i. 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)
5j. Consider and act upon Resolution 12-04 of the Town Council of the Town of Prosper
ordering two (2) separate Public Hearings for February 28, 2012 and March 13, 2012,
respectively, to be held at Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas at
6:00 p.m. to hear the presentation of testimony or evidence regarding the adoption of three (3)
proposed Strategic Partnership Agreements with Denton County Fresh Water Supply District
No. 10., in accordance with Section 43.0751, Texas Local Government Code, as amended,
and applicable law; providing that the terms of the Strategic Partnership Agreements include
limited purpose annexation of portions of Denton County Freshwater Supply District No. 10;
providing for available copies of the Strategic Partnership Agreements; providing for the
notice of said public hearings; and providing an effective date. (ML)
6. 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.)
Other Comments by the Public
Page 3 of 3
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
7. A public hearing to consider and act upon a request to rezone 2.3± acres, located on the northwest
corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R). (Z12-0001). (CC)
8. A public hearing to 1) consider and act upon an amendment to Chapter 4, Section 4.2(F) of the
Town’s Zoning Ordinance regarding the minimum size of enclosed parking spaces in residential
zoning districts and 2) adopt an ordinance amending the same. (Z12-0002). (CC)
DEPARTMENT RELATED ITEMS
9. Consider and act upon Ordinance No. 12-01, amending Section 104.9 (Approved Material and
Equipment) of Exhibit “A” of Ordinance Nos. 09-037 and 09-038 (International Residential Code
and International Building Code), regarding the construction and maintenance of fences. (WS)
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
11. 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 at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Noticed Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open.
Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.
Page 1 of 6
]
Prosper is a place where everyone matters.
1. Call to Order and Roll Call was given by Mayor Smith at 6:03 p.m.
Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor
Pro Tem Meigs Miller; Dave Benefield, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary;
Hulon Webb, Director of Development Services; Chris Copple, Planning Director; Wade
Harden, Parks & Recreation Manager; Matthew Garrett, Finance Director.
2. Pastor Michael Gilton with St. Paul Church gave the Invocation. The Pledge of allegiance and
the pledge to the Texas Flag were given.
3. Announcements of dates and times of upcoming community events.
4. Mayor Smith read a proclamation declaring February 7-14, 2012, as Congenital Heart Disease
Awareness Week.
5. Mayor Smith presented a certificate of appreciation to Mitchell Cordy for work completed at
Boyer Park.
6. Town Manager Mike Land presented a Power Point presentation regarding future Water
Conservation efforts for Town of Prosper. The presentation contained detailed information
regarding the contract with North Texas Municipal Water District, the average winter and
summer daily water usage, reduction goals, Stage 3 & Stage 4 impact on customers, private
water wells, park impacts and the Town’s strategy and compliance. This item was discussed
and no action was taken as a result.
7. Chris Ekrut with J. Stowe & Co. LLC, gave a Power Point presentation regarding possible
future Water Rate Structures for Phase 3 and Phase 4 Drought Water restrictions. The
presentation contained information regarding the North Texas Municipal Water District
conservation measures, Prosper’s conservation measures, current consumption estimates, utility
revenue impacts and policy decisions to consider. This item was discussed and no action was
taken as a result.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 24, 2012 at 6:00 p.m.
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8. 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.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
8a. Consider and act upon minutes from the following Council meeting(s) (AP)
• January 10, 2012 – Regular Town Council Meeting
8b. Consider and act upon an Encroachment on Easement Agreement within the limits of
the Wilson Creek Sewer Interceptor Project, by and between Oncor Electric Delivery
Company and the Town of Prosper. (MB)
8c. Consider and act upon Ordinance No. 12-03 rezoning 3.0± acres, located 750± feet east
of Dallas Parkway and 650± feet south of First Street, from Agricultural (A) to Planned
Development-Commercial (PD-C). (Z11-0012). (CC)
8d. Consider and act upon directing Town staff to initiate the process to amend Chapter 4,
Section 4.2(F) of the Town’s Zoning Ordinance regarding the minimum size of
enclosed parking spaces in residential zoning districts. (Z12-0002). (CC)
8e. Consider and act upon Resolution No. 12-03 authorizing participation with
TexPool/TexPool Prime and designating authorized representatives. (MG)
8f. Consider and act upon the December 2011 monthly financial statements. (MG)
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 8a-8f., as
presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7- 0.
9. 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.)
Other Comments by the Public – There was no one present that wished to speak.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill
out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting.
Citizens wishing to address the Council for items listed as public hearings will be recognized
by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized
on a case-by-case basis, at the discretion of the Mayor and Town Council.)
Page 3 of 6
PUBLIC HEARINGS
10. A public hearing to consider and act upon a request to rezone 3.5± acres, located on the south
side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development- Retail (PD-R). (Z11-0013). Planning Director Chris Copple briefed Council
regarding this item. Applicant Matthew Alexander representing Blue Star Land Group gave
a Power Point presentation. The applicant is proposing to rezone the property in order to
utilize the existing buildings on the property as mini warehouse with a caretaker’s residence.
He noted that a private drain and drainage swell would be installed to address any current or
future drainage issues.
Mayor Pro Tem Dugger made a motion to continue the Public Hearing from the previous
January 10, 2012 Town Council Meeting. Motion seconded by Council Member Benefield.
Motion approved by vote of 7-0.
There were no citizens present in support and/or opposition to the case.
Mayor Pro Tem Dugger closed the Public Hearing. Motion seconded by Council Member
Wilson. Motion approved by vote of 7-0.
Council Member Dixon made a motion to approve a request to rezone 3.5± acres, located on
the south side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to
Planned Development-Retail (PD-R) with the following variances:
(1) Planting the required six foot tall eastern red cedars in a staggered pattern along the
southern property line;
(2) Limiting the mini-warehouse hours to no later than 8 p.m.
Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
11. A public hearing to consider and act upon Resolution No. 12-01 entering into an exclusive
franchise agreement with IESI for Solid Waste and Recycling Services, authorizing the Town
Manager to execute the same. Finance Director Matthew Garrett briefed Council regarding the
agreement. Mr. Garrett explained that the contract presented is a renewal of solid waste
services with a fee increase of 5% which will be locked for three years. He noted that
several service options are being considered such as two monthly bulk services and green
waste programs are being discussed.
Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 7-0.
There were no citizens present in support and/or opposition to the case.
Council Member Wilson made a motion to close the Public Hearing. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 7-0.
Council Member Wilson made a motion to approve entering into an exclusive franchise
agreement with IESI for Solid Waste and Recycling Services, authorizing the Town Manager to
execute the same. Motion seconded by Council Member Dixon. Motion approved by vote of
7-0.
DEPARTMENT RELATED ITEMS
Page 4 of 6
12. Consider and act upon Ordinance No. 12-02, amending Section 4B of the Comprehensive
Parks Ordinance. Parks and Recreation Manager Wade Harden briefed Council regarding
the proposed Ordinance amendments. He noted the Ordinance amendments would include a
minimum of five (5) members of the Parks and Recreation Board shall be a resident of
Prosper, and that two (2) members out of the seven (7) member board are not required to be a
resident of Prosper, but must reside within the Prosper Independent School District or reside
within Prosper’s extraterritorial jurisdiction.
After discussion, Mayor Pro Tem Dugger made a motion to approve Ordinance No. 12-02,
amending the Section B to read: Two (2) of the seven (7) members are not required to be a
resident of Prosper, but must:
(1) Be an owner of a business located within Prosper’s town limits; and
(2) Residence within the Prosper Independent School District; or
(3) Residence within Prosper’s extraterritorial jurisdiction. The members shall serve at the
pleasure of the Town Council and may be removed at the discretion of the Town
Council.
Motion seconded by Council Member Benefield. Motion approved by vote of 6-1, Council
Member Wilson voting against.
13. Consider appointing a member to the Parks and Recreation Board position. Parks and
Recreation Manager Wade Harden briefed Council regarding a vacant position on the Parks
and Recreation Board.
Deputy Mayor Pro Tem Miller nominated Barbara Newell to the Parks and Recreation Board.
Council approved Barbara Newell by vote of 7-0.
14. Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a pavilion at Frontier Park. Development Director Hulon Webb presented a
brief Power Point presentation showing the Master Plan for Frontier Park, design of the
pavilion, floor plan, quotes, design of restrooms and the standard form of agreement for
American Parks.
After discussion, Council Member Wilson made a motion to approve the expenditure of Park
Improvement Fees in an amount not to exceed $239,104 for the purchase and installation of a
pavilion at Frontier Park and not to exceed $100,000 for the purchase and installation of a
restroom facility. Motion seconded by Council Member Benefield. Motion approved by vote
of 7-0.
15. Consider and act upon Ordinance No. 12-01, amending Section 104.9 (Approved Material and
Equipment) of Exhibit “A” of Ordinance Nos. 09-037 and 09-038 (International Residential
Code and International Building Code), regarding the construction and maintenance of fences.
Building Official Wayne Snell briefed Council regarding the proposed ordinance amendments.
Mr. Snell explained that Ordinance Amendment is to provide safeguarding of the health and
property hazards that may arise from improper construction and maintenance of fences.
The following citizens filled out a speaker request form:
Kelly Cooper - Spoke in opposition with concerns regarding the restrictions of wood
material requirements.
Page 5 of 6
Mike McClung – Spoke in support of the proposed ordinance stating the LaCima Homeowner’s
Association fully supports the proposed Ordinance Amendment and stated he prefers the Town
adopt a uniform fence standard establishing requirements for maintenance and construction of
fences.
Deputy Mayor Pro Tem Miller made a motion to table this item to the February 14, 2012 Town
Council Meeting. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of
7-0.
16. EXECUTIVE SESSION – Council skipped this item.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government
Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which
the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the
State Bar of Texas conflicts with the Open Meetings Act regarding:
16a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
16b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
DEPARTMENT ITEMS
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. After
discussion, Council Member Wilson asked that a cost study be performed analyzing the
Town’s recycling usage. He asked that more education and recycling programs be
available to residents.
18. Adjournment – Mayor Pro Tem Dugger made a motion to adjourn at 8:22 p.m. Motion
seconded by Council Member Benefield. Motion approved by vote of 7-0.
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 at least 72 hours before said meeting was
convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Notice Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government
Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require
that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action, as a result of this Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who
plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large
print, are requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.
APPROVED:
Page 6 of 6
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 2
Ops.ops…my eyes
]
1. Call to Order / Roll Call.
The meeting was called to order at 6:38 p.m.
Roll call taken by Mayor Ray Smith and Chair Mark DeMattia.
Council members present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor
Pro-Tem Meigs Miller, Dave Benefield, Curry Vogelsang, Danny Wilson, and Jason Dixon.
Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Chris
Keith, Rick Turner, Jim Cox, Bill Senkel, and Bruce Carlin.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services/Town Engineer; Chris Copple, Planning Director; and Melanie Videan,
Planning Technician.
2. 2012 Goal Setting.
Smith: Opened meeting by introducing information materials given. Noted the vision Council holds for
the town’s future, which includes excellence, flexibility, and the work/live/play atmosphere. Informed
that Commission members were appointed based on their answers during their interviews for the position
of Commissioner.
DeMattia: Introduced the Commission’s purpose in requesting the work session.
Curry: Brought attention to Prosper’s slogan and addressed the following goals: 1) excellence in services
from all Town departments; 2) preservation of the family-oriented, open, rural feel to which citizens
moved here to enjoy; and 3) what Council considers when reviewing a request to rezone.
Wilson: Encouraged Commissioners to be confident in their votes for zoning cases and to cast their votes
according the goals for the town. Reported that Council has strategically approved zoning cases based on
the Town’s goals. Also asked Commissioners to think creatively when offering their decisions.
McClung: Asked Council if the Commission is achieving what the Council anticipated and if the Council
prefers for the Commission to render their decisions as individuals or as a cohesive unit. Inquired about
Council’s desires for Economic Development Corporation (herein called the EDC) and Planning &
Zoning synchronicity.
Dugger: Encouraged Commissioners to make their decisions as individuals, as this provides Council
with valuable insight into a case with questions and points of interest that may not have been considered
otherwise.
MINUTES
Joint Work Session – Prosper Town Council
and Planning & Zoning Commission
108 W. Broadway Street, Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, January 31, 2012, 6:30 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
DeMattia: Informed that as the Commission chair, he encourages members to offer their reason should
they cast a vote for denial to provide Council their perspective.
Dixon: Encouraged Commissioners to be passionate in their decisions and to consider the long-term
effects their decision will have on the viability of the town as a whole. Understood that Prosper gives the
perception of being difficult to work with. Asked Commission to not be timid in being flexible, while still
upholding the high quality desired for developments, which Prosper is known for. Suggested Commission
be creative if a case comes before them that does not entirely adhere to the Town’s goals. Noted his
preference for attention to the aesthetics of a development. Reminded Commission that Council can
promote a special district for an area to draw in or assist the stability of business.
Miller: Suggested the Commission refer to the vision statement. Noted the Commission minutes offer
insight, and encouraged Commissioner’s to voice their perspectives so they will be known to Council.
Carlin: Asked Council how the Commission is to know the Council will be willing to be flexible in
regards to certain development standards.
Benefield: Reminded Commission that Council also bases their decisions off of what citizen’s prefer for
the Town.
Turner: Asked the Council what businesses they would prefer not to see in Prosper.
Senkel: Noted the importance of park dedication fees and the difference between residential and
commercial developer needs and troubles.
Council and Commission discussed the following topics relating to development: non-preferred business
uses, approving zoning requests that end up not developing, past zoning requests and the reasons they
resulted in non-development of the property, the EDC’s role in bringing business and infrastructure to
Prosper, businesses the EDC is currently attempting to bring to the town, the lack of the Commission’s
power to shape Prosper zoning given the recent amendment to the Town Charter, the importance of staff
recommendations, multifamily types and the desire to not have garden-style multifamily developments in
town, the ability to discourage certain non-desirable uses through building and/or development standards
(which includes any more vehicle tire shops, donut shops, nail salons, real estate offices, and garden-style
multifamily), having an abundance of retail at major thoroughfare intersections and the ill effects of such,
considerations that a zoning request may not be developed by the applicant requesting the rezone, and the
flexibility of Prosper because of the abundance of planned developments in existence.
Smith: Offered for the Council and Commission to have a work session for requests to rezone which may
pose challenges to the town’s goals or are large projects.
3. Adjourn
Motioned by Wilson, seconded by Vogelsang to adjourn. Motion approved 14-0. Meeting was adjourned
at 8:15 p.m.
Town
Council: ______________________________ _________________________
Amy Piukana, TMRC, Town Secretary Ray Smith, Mayor
Planning & Zoning
Commission: ______________________________ __________________________
Melanie Videan, Planning Technician Chris Keith, Secretary
Page 1 of 2
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday February 14, 2012
Date: February 10, 2012
Agenda Item:
Consider and act on a Resolution authorizing the Mayor to sign the Second Amendment to the
Preannexation Agreement between the Town of Prosper and The Mahard 2003 Partnership,
L.P. , Mahard Egg Farm Inc. and Forest City Prosper Limited Partnership.
Description of Agenda Item:
The Town of Prosper entered into a Preannexation Agreement with the above referenced
parties on November 27, 2007 and approved the First Amendment to the Agreement on
January 31, 2010 covering the same issues as this Second Amendment, the donation of the first
elementary school site, the dedication of a Community Park Site, and the payment of a
Community Park Grant.
This Second Amendment extends the school dedication requirement to November 30, 2012, the
Community Park Dedication and Community Park Grant to December 13, 2012.
Staff understands that representatives of Forest City have been in dialogue with the PISD and
they are in agreement with granting this extension.
Recall the Community Park site is an approximate 50 acre site located generally one half mile
west of the Prosper Trail and Legacy intersection on the north side of Prosper Trail. The
Community Park Grant is in the amount of $100,000.00.
Budget Impact:
NA
Legal Obligations and Review:
NA
Attached Documents:
1. Resolution authorizing the Mayor to sign the Second Amendment to the Preannexation
Agreement between the Town of Prosper and The Mahard 2003 Partnership, L.P. ,
Mahard Egg Farm Inc. and Forest City Prosper Limited Partnership.
2. Second Amendment to Preannexation Agreement between the Town of Prosper and
The Mahard 2003 Partnership, L.P. , Mahard Egg Farm Inc. and Forest City Prosper
Limited Partnership.
Prosper is a place where everyone matters.
ADMINISTRATION
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve the Resolution authorizing the Mayor to
sign the Second Amendment to the Preannexation Agreement between the Town of Prosper
and The Mahard 2003 Partnership, L.P., Mahard Egg Farm Inc. and Forest City Prosper Limited
Partnership.
7819066v.1
After recording return to:
Town Manager
Town of Prosper
121 W. Broadway
Prosper, Texas 75078
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN OF PROSPER §
SECOND AMENDMENT TO
PREANNEXATION AGREEMENT
THIS SECOND AMENDMENT TO PREANNEXATION AGREEMENT (this
“Amendment”) is entered into to be effective as of the ________ day of ____________, 20___,
(the “Effective Date”) by and among THE MAHARD 2003 PARTNERSHIP, L.P., a Texas
limited partnership, and MAHARD EGG FARM INC., a Texas corporation (collectively,
“Mahard Owner”), FOREST CITY PROSPER LIMITED PARTNERSHIP, a Texas limited
partnership (“Developer”), and the TOWN OF PROSPER, TEXAS, a Texas home rule
municipality (“Town”), pursuant to the terms and conditions set forth herein. The parties to this
Amendment are individually referred to herein as a “Party” and, collectively, as the “Parties”.
RECITALS:
A. The Parties have entered into that certain Preannexation Agreement dated
effective as of November 27, 2007 and recorded as Instrument Number 2009-132724 of the Real
Property Records of Denton County, Texas (as amended, the “Agreement”), covering certain
real property as more particularly described therein (the “Properties”).
B. Pursuant to that certain First Amendment to Preannexation Agreement dated
effective as of January 31, 2010, the Parties extended of the deadline to donate the first
elementary school site to July 31, 2011.
C. Developer and Owners have requested an extension of the deadlines to (a) donate
the first elementary school site, (b) dedicate the Community Park and (c) make the Community
Park Grant; the Town has agreed to such extensions upon terms more particularly set forth
herein.
D. The Parties now desire to enter into this Amendment to amend certain provisions
of the Agreement.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereby agree as follows:
7819066v.1
2
1. Defined Terms. All terms not defined herein shall have the meaning ascribed to
such terms in the Agreement.
2. School Area Donation. The deadline for the donation of the first elementary
school site, as set forth in the third sentence of Section 3(e) of the Agreement, is hereby extended
until November 30, 2012.
3. Community Park Dedication. The first sentence of Section 9(b)(iii) of the
Agreement is hereby amendment and restated as follows:
The Community Park shall be dedicated to the Town upon the
earlier of (A) December 13, 2012, (B) within ninety (90) calendar
days of receiving a written request by the Town for such
dedication; or (C) at the time the adjacent streets are dedicated to
the Town provided Developer owns the land identified as the
Community Park; provided, however, the Parties agree that the
Community Park dedication shall be in cooperation with and
furtherance of the Town’s overall park grant efforts.
4. Community Park Grant. The Agreement is hereby amendment by deleting the
phrase “three (3) years from the Effective Date,” from the first sentence of Section 9(b)(iv) and
replacing it with “December 13, 2012,”.
5. Unmodified Terms. By their execution hereof, the Parties acknowledge that the
Agreement is in full force and effect (as specifically modified and amended hereby).
6. Authority to Execute. The individuals executing this Amendment on behalf of the
respective Parties below represent to each other that all appropriate and necessary action has
been taken to authorize the individual who is executing this Amendment to do so for and on
behalf of the Party for which his or her signature appears, that there are no other parties or
entities required to execute this Amendment in order for the same to be an authorized and
binding agreement on the Party for whom the individual is signing this Amendment and that
each individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective as of the Effective Date.
7. Counterparts. This Amendment may be executed in counterparts, each of which
shall constitute an original and all which taken together shall constitute an original, single
agreement. Signing and sending a counterpart (or a signature page detached from the
counterpart) by facsimile or other electronic means to another party will have the same legal
effect as signing and delivering an original counterpart to the other party. A copy (including a
copy produced by facsimile or other electronic means) of any signature page that has been signed
by or on behalf of a party to this Amendment will be effective as the original signature page for
the purpose of proving such party’s agreement to be bound.
7819066v.1
3
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
Effective Date.
MAHARD OWNER:
THE MAHARD 2003 PARTNERSHIP, L.P., a
Texas limited partnership
By: Mahard Pullet Farms, Inc., a Texas
corporation, its General Partner
By:
Ernest A. Mahard, Jr., President
MAHARD EGG FARM, INC., a
Texas corporation
By:
Ernest A. Mahard, Jr., President
DEVELOPER:
FOREST CITY PROSPER LIMITED
PARTNERSHIP, a Texas limited partnership
By: FC Prosper Partner, Inc., a Texas
corporation, its General Partner
By:
David R. Blom, Authorized Agent
7819066v.1
4
TOWN OF PROSPER, TEXAS
By:
Name:
Title:
As a third party beneficiary of subparagraph e of
Paragraph 3 of the Agreement for the purposes
stated therein:
PROSPER INDEPENDENT SCHOOL DISTRICT
By:
Name:
Title:
7819066v.1
5
ACKNOWLEDGEMENTS:
STATE OF TEXAS §
§
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared Ernest A.
Mahard, Jr., President of Mahard Pullet Farms, Inc., a Texas corporation, General Partner of
Mahard 2003 Partnership, L.P., a Texas limited partnership, known to me to be the person whose
name is subscribed to the foregoing instrument, who acknowledged to me that he executed said
instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this _____ day of ______________, 20____.
Notary Public in and for the State of Texas
STATE OF TEXAS §
§
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared Ernest A.
Mahard, Jr., President of MAHARD EGG FARM, INC., a Texas corporation, known to me to be
the person whose name is subscribed to the foregoing instrument, who acknowledged to me that
he executed said instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this _____ day of ______________, 20_____.
Notary Public in and for the State of Texas
7819066v.1
6
STATE OF ______________ §
§
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared David R.
Blom, Authorized Agent of FC Prosper Partner, Inc. a Texas corporation, General Partner of
FOREST CITY PROSPER LIMITED PARTNERSHIP, a Texas limited partnership, known to
me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to
me that he executed said instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this _____ day of ______________, 20____.
Notary Public in and for the State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared
_____________________, known to me to be the person whose name is subscribed to the
foregoing instrument, who acknowledged to me he/she is the duly authorized representative for
the TOWN OF PROSPER, TEXAS and that he/she executed said instrument for the purposes
and consideration therein expressed.
WITNESS BY HAND AND SEAL this _____ day of ______________, 20____.
Notary Public in and for the State of Texas
7819066v.1
7
STATE OF TEXAS §
§
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared
_____________________, known to me to be the person whose name is subscribed to the
foregoing instrument, who acknowledged to me he/she is the duly authorized representative for
the PROSPER INDEPENDENT SCHOOL DISTRICT and that he/she executed said instrument
for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this _____ day of ______________, 20___.
Notary Public in and for the State of Texas
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT
PREANNEXATION AGREEMENT WITH THE MAHARD 2003 PARTNERSHIP, L.P.,
MAHARD EGG FARM, INC. AND FOREST CITY PROSPER LIMITED PARTNERSHIP,
AUTHORIZING THE MAYOR TO EXECUTE THE SAME.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby grants a second amendment
Preannexation Agreement between the Town of Prosper and The Mahard 2003
Partnership, L.P., Mahard Egg Farm, Inc. and Forest City Limited Partnership.
SECTION 2: The Mayor of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a second
amendment Preannexation Agreement between Town of Prosper and The Mahard 2003
Partnership, L.P., Mahard Egg Farm, Inc. and Forest City Prosper Limited Partnership.
SECTION 3: This Resolution shall take effect on February 14, 2012
RESOLVED THIS THE 14th day of February, 2012 by vote of __ to __.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Gary R. McHone, Asst. Chief of Police
Cc: Mike Land, Town Manager
Amy Piukana, Town Secretary
Re: Town Council Meeting –February 14, 2012
Date: 01-20-2012
Agenda Item:
Receipt and review of the 2011 Racial Profiling Report to Council as required by State
Law.
Description of Agenda Item:
The Racial Profile Report is due to be presented to the Town Council before the end of March
each year. This year, the data required to be captured was changed by legislation (CCP 2.131-
2.138) and the report formatting was designed by the Texas Commission on Law Enforcement
Officers Standards and Education (TCLEOSE). Each traffic stop that resulted in a citation or
arrest was to be counted. Since the Prosper Police Department does use Mobile Video
Recorders, the information to be presented is denoted as Tier I Data.
Budget Impact:
None
Legal Obligations and Review:
Code of Criminal Procedure, Articles 2.131 - 2.138
Attached Documents:
2011 Racial Profile Report
Board, Committee and/or Staff Recommendation:
Staff recommends review of the document and accept receipt as required by Law.
2011 Partial Exemption Racial Profiling Reporting
Town of Prosper Police Department
(Tier 1)
TCLEOSE Recommended Form
Number of motor vehicle stops:
1. 1516 – citation only
2. 8 – Arrest only
3. 16 – both citation and arrest
4. 1540 – Total
Race or Ethnicity:
5. 118 African
6. 11 Asian
7. 1174 Caucasian
8. 233 Hispanic
9. 4 Middle Eastern
10. 0 Native American
11. 1540 – Total
Race or Ethnicity known prior to stop?
12. 8 – Yes
13. 1532 – No
14. 1540 – Total
Search conducted?
15. 41 – Yes
16. 1499 – No
17. 1540 – Total
Was search consented?
18. 31 – Yes
19. 10 – No
20. 41 – Total (must equal #15)
In years past, comparison with the census data has been utilized; however, the growth of our
jurisdiction has been so great that the most recent census data is insufficient for comparison at
this point. In previous reports, the number of all stops, inclusive of warnings, was used. With
the new reporting mandates, only the number of traffic stops that resulted in either a citation or
arrest is counted. Race is not a precursor for a traffic stop as denoted in the data set listed in #5
through #10. Race was not known prior to the traffic stop in a vast majority of the stops as noted
in #12 and #13. This report will also be filed with TCLEOSE as mandated by law.
Page 1 of 1
To: Mayor and Town Council
From: Frank E. Jaromin, PE, Director of Public Works
Re: Town Council Meeting – Tuesday February 14, 2012
Date: February 7, 2012
Agenda Item:
Consider and act on Resolution Number 12-07 Ratifying the changes made by Dallas MTA,
L.P., d/b/a Verizon Wireless to the previously executed Water Tower agreement of July 12,
2011, between the Town of Prosper and Dallas MTA, LP d/b/a Verizon wireless.
Description of Agenda Item:
At the Prosper Town Council Meeting held on July 12, 2011 Resolution Number 11-50 was
approved showing three wireless antennas attached to Craig Street Tower. On October 3, 2011
the contract was signed with revised drawings showing nine (9) wireless antennas attached to
the Tower. In the Tower Lease Agreement, Dallas MTA, LP d/b/a Verizon wireless had the
ability to increase the total wireless antennas with written consent. Within the Tower Lease
Agreement Section 8b. Improvements: Utilities: Access allows Verizon Wireless to erect up to
nine (9) wireless antennas on the Craig Street Water Tower. The Craig Street Water Tower site
was designed to accommodate multiple wireless providers. This will be the first contract for this
site.
The contract is a five (5) year contract with two (2) five (5) year renewal options. Rent is
$28,000 annually and with each renewal will increase by 15%. Since the contract has been
signed, Verizon has paid the Town $5,000 to cover the cost of developing the agreement and
legal review. Verizon is going through the Town’s site plan and building permit approval
process and is scheduled for Council on February 13, 2012.
Budget Impact:
The total rent generated over the fifteen (15) year term of this contract is $486,150.00. Annual
rent years 1-5 will be $28,000, years 6-10 will be $32,200 and years 11-15 will be $37,030.
Legal Obligations and Review:
The Town Attorney has been involved in the drafting and review of the Tower Lease Agreement.
Attached Documents:
Tower Site Lease Agreement between the Town of Prosper and Dallas MTA, L.P., d/b/a Verizon
Wireless.
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-07 ratifying the
changes made by Dallas MTA, L.P., d/b/a Verizon Wireless to the previously executed Water
Tower agreement of July 12, 2011, between the Town of Prosper and Dallas MTA, LP d/b/a
Verizon wireless.
Prosper is a place where everyone matters.
Public Works
Resolution – Ratification of Tower Lease Agreement
604845.v1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, RATIFYING CHANGES MADE BY DALLAS MTA,
LP d/b/a VERIZON WIRELESS TO THE PREVIOUSLY EXECUTED
WATER TOWER LEASE AGREEMENT BETWEEN THE TOWN OF
PROSPER AND DALLAS MTA, LP d/b/a VERIZON WIRELESS; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1. The Town Council hereby ratifies the changes made by Dallas
MTA, LP d/b/a Verizon Wireless to the previously executed Water Tower Lease
Agreement between the Town of Prosper and Dallas MTA, LP d/b/a Verizon Wireless
(“Agreement”), and a copy of said Agreement copy is attached hereto as Exhibit “A” and
incorporated herein for all purposes.
SECTION 2. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this ____ day of , 2012.
____________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, Town Secretary
Resolution – Ratification of Tower Lease Agreement
604845.v1
Exhibit “A”
(Agreement)
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
Consider and act upon Resolution No. 12-06 suspending the March 6, 2012 requested rate
change of Atmos Energy Corp. Mid-Tex Division and approving cooperation with Atmos Cities
Steering Committee to establish reasonable rates.
Description of Agenda Item:
Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-
wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%.
However, the Company is requesting an increase of 13.6%, excluding gas costs, for it s
residential customers. Additionally, the application would change the way that rates are
collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00
and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf.
The law provides that a rate request made by a gas utility cannot become effective until at least
35 days following the filing of the application to change rates. Atmos has proposed an effective
date of March 6, 2012. The law permits the Town to suspend the rate change for 90 days after
the date the rate change would otherwise be effective. If the Town fails to take some action
regarding the filing before the effective date, Atmos’ rate request is deemed administratively
approved.
The purpose of the resolution is to extend the effective date of Atmos Mid-Tex’s proposed rate
increase to give the Town time to review the rate-filing package. The resolution suspends the
March 6, 2012 effective date of the Company’s rate increase for the maximum period permitted
by law to allow the Town, working in conjunction with the other ACSC cities, to evaluate the
filing, determine whether the filing complies with law, and if lawful, to determine what further
strategy to pursue, including settlement and ultimately to approve reasonable rates.
The Town, along with approximately 153 other cities served by Atmos Energy Mid-Tex Division
(“Atmos Mid-Tex”), is a member of the Atmos Cities Steering Committee (“ACSC”).
The results of the four RRM proceedings are as follows:
RRM Filing Year Atmos Request ACSC Settlement
#1 2008 $33.5 million $20 million
#2 2009 $20.2 million $2.6 million
#3 2010 $70.2 million $27 million
#4 2011 $15.7 million $6.6 million
Prosper is a place where everyone matters.
Administration
Page 2 of 2
The alternative to a suspending the current action would be a contested case proceeding before
the Railroad Commission on the Company’s current application, would take several months and
cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result
more favorable than the expected settlement outcome. The ACSC Executive Committee
recommends that ACSC members take action to approve the Resolution suspending the rate
action.
Budget Impact:
N/A
Legal Obligations and Review:
Legal review completed by ACSC’s legal counsel, Lloyd Gosselink Rochelle & Townsend, P.C.
Attached Documents:
Resolution 12-06
Board/Committee Recommendation:
The ACSC Settlement Committee and ACSC legal counsel recommend that all ACSC Cities
adopt the Resolution suspending the rate change.
Town Staff Recommendation:
Town staff recommends that the Town Council
“Move to approve Resolution No. 12-06, suspending the March 6, 2012 requested rate
change of Atmos Energy Corp. Mid-Tex Division and approving cooperation with Atmos
Cities Steering Committee to establish reasonable rates.”
1790958 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-06
RESOLUTION OF THE TOWN OF PROSPER
SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE
OF ATMOS ENERGY CORP., MID-TEX DIVISION
(“ATMOS MID-TEX”) REQUESTED RATE CHANGE TO
PERMIT THE TOWN TIME TO STUDY THE REQUEST
AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH ATMOS CITIES
STEERING COMMITTEE (“ACSC”) AND OTHER CITIES
IN THE ATMOS MID-TEX SERVICE AREA TO HIRE
LEGAL AND CONSULTING SERVICES AND TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; REQUIRING
REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND ACSC’S LEGAL
COUNSEL
WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid-Tex Division
(“Atmos Mid-Tex” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102 filed with
the Town of Prosper (“Town”) a Statement of Intent to change gas rates in all municipalities
exercising original jurisdiction within its Mid-Tex Division service area, effective March 6,
2012; and
WHEREAS, the Town is a regulatory authority under the Gas Utility Regulatory Act
(“GURA”) and under Chapter 104, §104.001 et seq. of GURA has exclusive original jurisdiction
over Atmos Mid-Tex’s rates, operations, and services within the Town; and
WHEREAS, in order to maximize the efficient use of resources and expertise, it is
reasonable for the Town to maintain its involvement in the Atmos Cities Steering Committee
(“ACSC”) and to cooperate with the more than 150 similarly situated city members of ACSC
and other city participants in conducting a review of the Company’s application and to hire and
direct legal counsel and consultants and to prepare a common response and to negotiate with the
Company and direct any necessary litigation; and
WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
WHEREAS, it is not possible for the Town to complete its review of Atmos Mid-Tex’s
filing by March 6, 2012; and
1790958 2
WHEREAS, the Town will need an adequate amount of time to review and evaluate
Atmos Mid-Tex’s rate application to enable the Town to adopt a final decision as a local
regulatory authority with regard to Atmos Mid-Tex’s requested rate increase; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
1. That the March 6, 2012, effective date of the rate request submitted by Atmos
Mid-Tex on January 31, 2012, be suspended for the maximum period allowed by law to permit
adequate time to review the proposed changes and to establish reasonable rates.
2. That the Town is authorized to cooperate with ACSC and its member cities in the
Mid-Tex service area and under the direction of the ACSC Executive Committee to hire and
direct legal counsel and consultants, negotiate with the Company, make recommendations to the
Town regarding reasonable rates, and to direct any necessary administrative proceedings or court
litigation associated with an appeal of a rate ordinance and the rate case filed with the Town or
Railroad Commission.
3. That the Town’s reasonable rate case expenses shall be reimbursed by Atmos.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to Atmos, care of David Park, Vice
President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420
LBJ Freeway, Suite 1862, 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 14th day of February, 2012.
_________________________________
Ray Smith; Mayor
ATTEST:
__________________________________
Amy Piukana, TRMC; Town Secretary
Resolution Page 2of 3
604503.2
Town Precincts Polling Place
13, 29 and 178 Community Library
(Collin County) Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
101 (Denton County) Community Library
Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election, May
12, 2012.
Section 4. Early voting by personal appearance shall be available at the Denton County
Elections Office, 401 W. Hickory, Suite 125, Denton, Texas 75069 and the Town of Prosper
Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m.,
Monday through Saturday, beginning on Monday, April 30, 2012 and continuing through Saturday,
May 5, 2012, during regular business hours which is from 8:00 a.m. to 5:00 p.m., for early voting
which is not a Sunday or any official State holiday, with extended voting hours being held on
Monday, May 7, 2011 from 7:00 a.m. to 7:00 p.m., and Tuesday, May 8, 2012 from 7:00 a.m. to 7:00
p.m. Applications for a ballot by mail shall be requested from and mailed to the Denton County
Elections Administration Office, Attn: Elections Administrator, 401 W. Hickory, Suite 125, Denton,
Texas 75069. Applications for a ballot by mail must be received no later than the close of business
on May 6, 2011. Ballots by mail must be received by 5:00 p.m. on May 4, 2012. Voters may vote at
Town of Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078.
Section 5. Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the Town Secretary’s Office. The candidate filing
deadlines for the General Election for the Place 2 and Place 6 are as follows:
General Election Filing for the Position of Place 2 and Place 6
February 4, 2012 beginning at 8:00 a.m. through March 5, 2012 ending at 5:00 p.m.
Candidates must file in the Town Secretary’s Office located at 121 W. Broadway, Prosper,
Texas.
Section 6. The Hart InterCivic eSlate/eScan Voting System (Version 6.2.1) shall be used in
this election for Early Voting by personal appearance and Election Day voting.
Section 7. The Town Secretary is hereby authorized and directed to publish and/or post, in
the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The election, including providing notice of the
election, shall be conducted in accordance with the Texas Election Code and other applicable law,
and all resident qualified and registered voters of the Town shall be eligible to vote at the election.
Resolution Page 3of 3
604503.2
Section 8. The following election judges are hereby appointed:
Early Voting: Linda Bailey, Judge; Brenda Staton Alternate Judge
Election Day: Linda Bailey, Judge; Brenda Staton, Alternate Judge
In the event the appointed judges are unable to execute or complete their duties for any reason, the
Denton County Elections Administrator may identify alternate judges that the City Council shall
appoint as soon as possible.
Section 9. The Mayor and the Town Secretary of the Town, in consultation with the Town
Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and
conducting the election, whether or not expressly authorized herein.
Section 10. This Resolution and order for an election shall be effective from and after the
passage of this Resolution.
DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin
and Denton Counties, Texas, on this the 14th day of February, 2012.
Ray Smith, Mayor
ATTEST:
Amy Piukana, TRMC
Town Secretary
DATE OF PUBLICATION: ______________________________, Prosper Press.
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Mike Land, Town Manager
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
Consider and act upon Resolution No. 12-05, ordering the General Election to be held jointly
with Prosper ISD and Town of Prosper administered by the Denton County Elections
Administration on May 12, 2012. May 12, 2012 is a Uniform Election Date which is utilized for
the Town’s General Election of Officers. As part of the election process the Town Council must
order the election and historically this is done prior to the beginning of the filing period for a
place on the ballot.
Description of Agenda Item:
The Main Early Voting location will be at Town of Prosper Municipal Chambers, 108 W.
Broadway, Prosper, Texas or Denton County voters may also Early Vote at Denton County
Elections Office, 401 W. Hickory, Suite 125, Denton, Texas.
The Election Day polling site will be at the Town’s regular site (Prosper Community Library,
Reynolds Middle School, 700 N. Coleman Road.)
The proposed resolution orders the election and authorizes joint election services with Denton
County and appoints the Election Judge and Alternate Judge.
Attached Documents:
Resolution No. 12-05
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution No. 12-05, ordering the
General Election for the May 12, 2012 General Election of Officers.
Prosper is a place where everyone matters.
ADMINISTRATION
Resolution Page 1of 3
604503.2
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
COLLIN AND DENTON COUNTIES, TEXAS, ORDERING THE GENERAL
ELECTION TO BE HELD JOINTLY WITH THE PROSPER INDEPENDENT
SCHOOL DISTRICT AND ADMINSTERED BY THE DENTON COUNTY
ELECTIONS ADMINISTRATION ON MAY 12, 2012, FOR THE PURPOSE
OF ELECTING THE POSITIONS OF PLACE 2 AND PLACE 6 TO THE
TOWN OF PROSPER TOWN COUNCIL TO FILL EXPIRING TERMS;
DESIGNATING POLLING PLACES; DESIGNATING LOCATIONS OF
POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING
NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN
CONNECTION WITH SUCH ELECTION; AND APPOINTING ELECTION
JUDGES.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) is ordering
the May 12, 2012 General Election; and
WHEREAS, as a result, the Town Council has investigated and determined that it is in the
best interest of the citizens of the Town of Prosper, to enact this Resolution ordering the Election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS THAT:
Section 1. In accordance with the general laws and Constitution of the State of Texas, a
General Election is hereby called and ordered for the 12th day of May, 2012, the same being the
second Saturday in May, at which general election all qualified voters of the Town may vote for the
purpose of electing two (2) Town Council members to fill the expiring terms of the Prosper Town
Council Place 2 and Place 6. After the election results are canvassed, the successful candidates shall
serve three (3) year terms, in accordance with the Town Charter.
Section 2. No person’s name shall be placed upon the ballot as a candidate for Council
Member unless such person has filed his or her sworn application as provided by Section 141.03 of
the Texas Election Code, with the Town Secretary of the Town at the Town Hall Office, located at
121 W. Broadway Street, Prosper, Texas 75078, not later than 5:00 p.m. on the 5th day of March,
2012. The Town Secretary shall note on the face of each such application the date of such filing.
Such application shall include the office the candidate is seeking.
Section 3. Qualified voters of the following election precincts shall cast ballots for the
General Election at the heretofore established and designated polling place within the Town as
follows:
Resolution Page 2of 3
604503.2
Town Precincts Polling Place
13, 29 and 178 Community Library
(Collin County) Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
101 (Denton County) Community Library
Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election, May
12, 2012.
Section 4. Early voting by personal appearance shall be available at the Denton County
Elections Office, 401 W. Hickory, Suite 125, Denton, Texas 75069 and the Town of Prosper
Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m.,
Monday through Saturday, beginning on Monday, April 30, 2012 and continuing through Saturday,
May 5, 2012, during regular business hours which is from 8:00 a.m. to 5:00 p.m., for early voting
which is not a Sunday or any official State holiday, with extended voting hours being held on
Monday, May 7, 2011 from 7:00 a.m. to 7:00 p.m., and Tuesday, May 8, 2012 from 7:00 a.m. to 7:00
p.m. Applications for a ballot by mail shall be requested from and mailed to the Denton County
Elections Administration Office, Attn: Elections Administrator, 401 W. Hickory, Suite 125, Denton,
Texas 75069. Applications for a ballot by mail must be received no later than the close of business
on May 6, 2011. Ballots by mail must be received by 5:00 p.m. on May 4, 2012. Voters may vote at
Town of Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078.
Section 5. Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the Town Secretary’s Office. The candidate filing
deadlines for the General Election for the Place 2 and Place 6 are as follows:
General Election Filing for the Position of Place 2 and Place 6
February 4, 2012 beginning at 8:00 a.m. through March 5, 2012 ending at 5:00 p.m.
Candidates must file in the Town Secretary’s Office located at 121 W. Broadway, Prosper,
Texas.
Section 6. The Hart InterCivic eSlate/eScan Voting System (Version 6.2.1) shall be used in
this election for Early Voting by personal appearance and Election Day voting.
Section 7. The Town Secretary is hereby authorized and directed to publish and/or post, in
the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The election, including providing notice of the
election, shall be conducted in accordance with the Texas Election Code and other applicable law,
and all resident qualified and registered voters of the Town shall be eligible to vote at the election.
Resolution Page 3of 3
604503.2
Section 8. The following election judges are hereby appointed:
Early Voting: Linda Bailey, Judge; Brenda Staton Alternate Judge
Election Day: Linda Bailey, Judge; Brenda Staton, Alternate Judge
In the event the appointed judges are unable to execute or complete their duties for any reason, the
Denton County Elections Administrator may identify alternate judges that the City Council shall
appoint as soon as possible.
Section 9. The Mayor and the Town Secretary of the Town, in consultation with the Town
Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and
conducting the election, whether or not expressly authorized herein.
Section 10. This Resolution and order for an election shall be effective from and after the
passage of this Resolution.
DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin
and Denton Counties, Texas, on this the 14th day of February, 2012.
Ray Smith, Mayor
ATTEST:
Amy Piukana, TRMC
Town Secretary
DATE OF PUBLICATION: ______________________________, Prosper Press.
El PUEBLO DE PROSPER, RESOLUCION DE TEJAS NO. 12-05
UNA RESOLUCION DEL CONSILIO MUNICIPAL DEL PUEBLO DE PROSPER, COLLIN
Y CONDADOS DE DENTON, TEJAS, ORDENANDO QUE LA ELECCION GENERAL
SERA TENIDA COLECTIVAMENTE CON EL DISTRITO INDEPENDIENTE DE PROSPER
ESCUELA Y ADMINSTRADO POR LA ADMINISTRACION DE ELECCIONES DEL
CONDADO DE DENTON EN 12 DE MAYO DEL 2012, PARA EL PROPOSITO DE
ELEGIR LAS POSICIONES DE LUGAR 2 Y COLOCAR 6 AL PUEBLO DE PROSPER
CONSILIO MUNICIPAL PARA LLENAR TERMINOS QUE SE EXPIRAN; DESIGNANDO
CENTROS ELECTORALES; DESIGNANDO LAS UBICACIONES LOS CENTROS
ELECTORALES; DESIGNANDO LAS FECHAS TOPES QUE CLASIFICACION;
ORDENANDO QUE NOTAS DE ELECCION PARA SER DADAS COMO PRESCRITO
POR LA LEY CON RESPECTO A TAL ELECCION; Y DESIGNAR JUEZES DE
ELECCION.
MIENTRAS QUE, el Concilio Municipal del Pueblo de Prosper, Tejas ("Consilio
Municipal") ordena la el 12 de Mayo de 2012 una Elección general; y
MIENTRAS QUE como resultado el Consilio Municipal ha investigado y ha
determinado que está en el mejor interés de los ciudadanos del Pueblo de Prosper, para decretar
esta Resolución que ordena la Elección.
AHORA, POR LO TANTO, SE A RESUELTO POR EL CONSILIO MUNICIPAL DEL
PUEBLO DE PROSPER, TEJAS QUE:
Sección 1. De acuerdo con las leyes y la Constitución generales del Estado de Tejas, una
Elección general por la presente es llamada y es ordenada por el día 12 de Mayo, 2012, el mismo
ser el segundo Sábado en Mayo, en que elección general todos los votantes calificados del
Pueblo pueden votar por el propósito de elegir dos (2) Miembros de Consilio Municipal llenar
los términos que expiran del Consilio Municipal de Prosper y al colocar los en lugar 2 y lugar 6.
Después de que los resultados de elección sean anunciadas, los candidatos exitosos servirán tres
(3) términos de año, de acuerdo con el Fletamento del Pueblo.
Sección 2. El nombre de ninguja persona será colocado sobre la votación como un
candidato para el Miembro del Concilio a menos que tal persona haya archivado su aplicación
jurado como proporcionado por Sección 141,03 del Código de Elección de Tejas, con la
Secretaria del Pueblo en el Pueblo en la Oficina de Ayuntamiento, situada en 121 W. Broadway,
Prosper, Tejas 75078, al mas tardar las 5:00 de la tarde en el día 5 de Marzo, 2012. La Secretaria
del Pueblo notará en la cara de cada tal aplicación la fecha de tal expediente. Tal aplicación
incluirá la oficina que el candidato busca.
Sección 3. Los votantes calificados de las zonas siguientes de elección lanzarán
votaciones para la Elección General en el centro electoral hasta ahora establecidos y designados
dentro del Pueblo de la siguiente manera:
Precinctos del Pueblo Zonas Electrales
13, 29 y 178 Biblioteca Comunitaria
(Condado de Collin) Reynolds Middle Schoo;
700 N. Coleman Rd
Prosper, Tejas 75078
101 (Condado de Denton) Biblioteca Comunitaria
Reynolds Middle School
700 N. Coleman Rd
Prosper, Tejas 75078
Las urnas electrales estarán abiertas de 7:00 a.m hasta las 7:00 p.m.el dia de la elección,
el 12 de Mayo de 2012.
Sección 4. Votacion temprana en persona estará disponible en la Oficina de Elecciones
de Condado de Denton, 401 W. Hickory Suite 125, Denton, Tejas 75069 y el Pueblo de Prosper
en las Cámaras Municipales, 108 W.Broadway, Prosper, Tejas 75078, de 8:00 a.m hasta 5:00
p.m. de Lunes a Sábado, empezando el Lunes, 30 de Abril del 2012 y continuando hasta el
Sábado, 5 de Mayo de 2012, durante horas de oficina regulares que son de 8:00 a.m. hasta 5:00
p.m., para votacion temprana que no es un el Domingo ni dias festivos oficiales del Estado, con
horas prolongadas seran el Lunes, 7 de Mayo del 2012 de 7:00 s.m. hasta las 7:00 p.m., y el
Martes, 8 de Mayo del 2012 de 7:00 a.m. hasta 7:00 p.m. Las aplicaciones para votar por correo
serán solicitadas de y enviados a la Oficina de la Administración de Elecciones del Condado de
Denton, a la atención de. El Administrador De elecciones, 401 W. Hickory, Suite 125, Denton,
Tejas 75069. Las aplicaciones para votar por correo deben ser recibidas al mas tardar el fin del
dia negocio en el 6 de Mayo de 2012. Las votaciones por correo deben ser recibidas antes de las
5:00 p.m. el 4 de Mayo de 2012. Los votantes pueden votar en el Pueblo de Prosper en las
Cámaras Municipales, 108 W. Broadway, Prosper, Tejas 75078.
Sección 5. Los candidatos deben archivar por un lugar específico y adherir a las fechas
topes del expediente por consiguiente. Los Paquetes del Candidato están disponibles en la
Oficina del la Secretaria del Pueblo. El candidato que archiva las fechas topes para la Elección
general para el Lugar 2 y Lugar 6 son así:
Archivacion Elección General para la Posición de Lugar 2 y Lugar 6
4 de Febrero, 2012 empezando a las 8:00 a.m. hasata el 5 de Marzo, 2012 y concluye a
las 5:00 p.m. Los candidatos deben archivar en la Oficina de la Secretaria del Pueblo
localizado en 121 W. Broadway, Prosper, Tejas.
Sección 6. El Hart InterCivic eSlate/eScan Voting System (Version
6.2.1) será utilizada en esta elección para aparecer en persona y votar por anticipado y el Día de
la Elección.
Sección 7. La Secretaria del Pueblo por la presente es autorizado y es dirigido a publicar
y/o anunciar, en el tiempo y la manera prescritos por la ley, todas las notas necesarias tan ser
publicadas y/o anunciado con respecto al conducto de esta elección. La elección, inclusive
proporcionar nota de la elección, será realizada de acuerdo con el Código de Elección de Tejas y
otra ley aplicable, y todo el residente calificaron y votantes registrados del Pueblo tendrán
derecho a votar en la elección.
Sección 8. Los jueces siguientes de la elección por la presente son designados:
Votacion Temprana: Linda Bailey, Judge; Brenda Staton Alternate Judge
Día de las elecciones: Linda Bailey, Judge; Brenda Staton, Alternate Judge
En caso que los jueces designados pueden no ejecutar o completar sus deberes por cualquier
razón, el Administrador de Elecciones de Condado de Denton puede identificar a jueces alternos
que el Ayuntamiento designará tan pronto sea posible.
Sección 9. El Alcalde y la Secretaria del Pueblo y en la consulta con el Abogado del
Pueblo, por la presente son autorizados y son dirigidos para tomar cualquier y todas las acciones
necesarias para conformarse con las provisiones del Código de Elección de Tejas y cualquier
otro estado o de la ley federal al llevar a cabo y realizar la elección, sin tener en cuenta si
expresamente autorizado en esto.
Sección 10. Esta Resolución y la orden para una elección serán efectivas de y después del
pasaje de esta Resolución
DEBIDAMENTE PASADO Y APROBADO por el Concilio Municipal del Pueblo de
Prosper, Condados de Collin y Denton, Tejas, en este el día 14 de Febrero, 2012.
______________________________
Ray Smith, Alcalde
ATESTIGUE:
______________________________________
Amy Piukana, TRMC
Secretaria Del Pueblo
FECHA DE PUBLICACION: _________________________________, Prosper Press.
Page 1 of 2
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
Consider and act upon a proposal from the from the Prosper Independent School District to
conduct a softball tournament at Frontier Park.
Description of Agenda Item:
Town staff has met with the Prosper Independent School District (PISD) to discuss a fundraising
tournament for the PISD women’s softball team. The tournament will consist primarily of north
Texas teams (see attached) and will utilize Frontier Park softball fields in late February (see
below). The hourly fee structure has been based off of the athletic field rental fees of $30 per
hour for fields and an additional $15 per hour for lighting. The purpose of the tournament is to
raise funds for the 2012 PISD softball team.
PISD Softball Tournament Fee Schedule
Field #1 Field #1 w/ Lights Field #2 Field #2 w/ Lights
Thursday 23rd 2 4 0 2
Friday 24th 4 2 0 0
Saturday 25th 6 2 0 0
12 hrs 8 hrs 0 hrs 2 hrs
Total for lighted field hours = $ 450
Total for non lighted field hours = $ 360
TOTAL $ 810
Pitching rubbers/bases = $ -
Field preparations (materials) = $ 46
Staff Hours
$ 337
TOTAL $ 383
TOTAL FEES = $1,193
Prosper is a place where everyone matters.
PARKS &
RECREATION
Page 2 of 2
Attached Documents:
• Location Map
• PISD Proposal
Parks and Recreation Board Recommendation (PARBd):
At the January 12, 2012 PARBd meeting, the Board motioned to charge a fee of $529 for the
use of Frontier Park by the PISD for a softball tournament. The motion was approved by a vote
of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve a fee of $529 to the PISD to conduct a
softball tournament at Frontier Park .
2012 Prosper Varsity Softball Tournament
Feb. 23,24,25, 2012.
Cost: $275.00. Due by Feb. 10th, 2012.
Make checks to: Prosper ISD.
Mail to: Max Bledsoe
Prosper High School
301 Eagle Drive
Prosper Texas 75078
Format:
1. All games will be 7 innings or 1 hour and 40 minute time limit.
2. If a game is tied when the time limit is up, we will finish the inning, if the game is still
tied, it will count as a tie. We will not use a tie-breaker.
3. Home team will be determined by coin flip. Prosper will be home team in their games
since they are the host school.
4. Home team will be official book.
5. Each team will furnish two game balls.
6. Please turn in your line up card 15 minutes before your game to the press box, with
first and last names. We will announce the games if possible.
7. Each team is responsible to clean up your dugout.
8. No Sunflower seeds allowed in the dugouts.
9. Each team is responsible for shagging foul balls on their side of the field.
We will be using two locations. We will be using the Prosper High School field and also
Frontier Park which is located ¼ of mile due west of Prosper High School. Frontier Park is a
new complex with very nice fields.
Teams Entered:
1. Prosper
2. Sulphur Springs
3. Lindale
4. Centennial
5. North Lamar
6. Pilot Point
7. Crandall
8. Denison
Game Schedule on next page.
Revised on January 3, 2012.
Thursday Feb. 23, 2012
PHS Frontier #1
2:00 Sulphur Springs vs Lindale Crandall vs N. Lamar
4:00 Prosper vs Denison Sulphur Springs vs Crandall
6:00 Prosper vs Lindale Denison vs Centennial
8:00 S. Springs vs Pilot Point Centennial vs Lindale
Friday Feb. 24, 2012
PHS Frontier #1
10:00 Lindale vs North Lamar
12:00 Denison vs Pilot Point
2:00 Denison vs North Lamar Crandall vs Pilot Point
4:00 Prosper vs Crandall
6:00 Prosper vs North Lamar Centennial vs Pilot Point
Saturday Feb. 25, 2012
PHS Frontier #1
10:00 Centennial vs S. Springs
12:00 Prosper vs Centennial Denison vs Crandall
2:00 Centennial vs Crandall Pilot Point vs Lindale
4:00 North Lamar vs S. Springs Denison vs Lindale
6:00 Prosper vs S. Springs Pilot Point vs North Lamar
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
Consider and act upon an ordinance rezoning 3.5± acres, located on the south side of Prosper
Trail, 750± feet west of Preston Road, from Commercial (C) to Planned Development-Retail (PD-
R). (Z11-0013).
Description of Agenda Item:
On January 24, 2012, the Town Council approved zoning case Z11-0013, by a vote of 7-0. Town
staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
zoning request and adopting an ordinance rezoning property. A public hearing has been held and
the Town Council approved the zoning case. The ordinance has been prepared. Review of the
ordinance by the Town Attorney is not required.
Attached Documents:
1. The ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance, rezoning 3.5± acres,
located on the south side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to
Planned Development-Retail (PD-R).
Prosper is a place where everyone matters.
PLANNING
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-05
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 00-12; REZONING A TRACT OF LAND CONSISTING
OF 3.54 ACRES, MORE OR LESS, SITUATED IN THE JOHN R. TUNNEY
SURVEY, ABSTRACT NO. 914, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED COMMERCIAL (C) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-RETAIL (PD-R); 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 and Ordinance No. 00-12 should be
amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Blue Star Land
LP (“Applicant”) to rezone 3.54 acres of land, more or less, situated in the John R. Tunney Survey,
Abstract No. 914, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in
the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set
forth by law, and public hearings have been held on the proposed rezoning and all other requirements of
notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 00-12. Zoning
Ordinance No. 05-20 and Ordinance No. 00-12 is amended as follows: The zoning designation of the
below-described property containing 3.54 acres of land, more or less, situated in the John R. Tunney
Survey, Abstract No. 914, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,
roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-Retail
(PD-R). 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 planned development standards, attached hereto as Exhibit “C”; 3) the concept plan, attached
hereto as Exhibit “D”; 4) and the development schedule, attached hereto as Exhibit “E”, which are
incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be
amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and
shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and
shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by
posting thereon all changes and subsequent amendments for observation, issuing building
permits, certificates of compliance and occupancy and enforcing the Zoning Ordinance.
Reproduction for information purposes may from time -to-time be made of the official zoning
district map.
Written notice of any amendment to this Planned Development District shall be sent to all
property owners within two hundred feet (200’) of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
to make use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not in
conformity with the permissible uses under this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper’s Zoning Ordinance No. 05-20, 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 14th DAY OF FEBRUARY, 2012, BY VOTE OF __ TO ___.
APPROVED AS TO FORM:
______________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ____________________________, Prosper Press
Exhibit “B”
Preston 48 addition, Block A, Lot 6
(1140 E. Prosper Trail)
Statement of Intent and Purpose
This tract is located within an existing commercial development on the south side
of Prosper Trail just west of Preston Road in Prosper, Texas. The tract is formally
described as Lot 6, Block A of the Prosper 48 Addition and is approximately 3.5
acres in size.
This specific development is a partially completed mini-warehouse development.
It is generally located in the southwest corner of the aforementioned existing
commercial development. It is situated on the north and east behind
neighborhood type commercial uses, such as, a convenience store with fuel
sales, automobile lube facility, strip retail buildings and along the south and west
sides of Lot 6 there is a single-family residential neighborhood, the Preston
Lakes Addition. In general the existing mini-warehouse buildings are separated
by a 10-15 foot open space buffer from the rear lot lines of those lots within
Preston Lakes immediately adjacent to Lot 6, more specifically Block B, Lots 14-
25 of the Preston Lakes Addition.
Currently, this existing mini-warehouse development has never been completed
and has never been in operation. The existing buildings are in disrepair, the
additional interior 1-story buildings have not been constructed and the perimeter
open space areas have not been completed and are not capturing storm water
appropriately. Blue Star Land would like to purchase this defunct mini-warehouse
development from the financial institution that currently owns it and retrofit this
development into a functioning and reputable “use” that fulfills a need in the
community provided it can successfully rezone Lot 6 to a Planned Development
under the terms and conditions outlined within the PD.
The purpose for this Planned Development is to define a new set of development
parameters that will resolve both the zoning and development standard violations
that exist today. These changes would allow Blue Star Land to purchase the
property, bring the development up to standards, repair the existing building,
complete the perimeter open space areas, construct the remaining/proposed 1-
story interior buildings and change a defunct mini-warehouse development from
a source of frustration and concern into a successful conforming use.
Exhibit “C”
Preston 48 Addition, Block A, Lot 6 December 28, 2011
Dowdey, Anderson & Associates -1- DAA No. 11031
Preston 48 addition, Block A, Lot 6
(1140 E. Prosper Trail)
Planned Development Regulations
1.0 General Regulations:
1.1 Except as otherwise set forth in these Planned Development Regulations, the
property shall develop under the Retail District (R) standard in the Town’s
Zoning Ordinance No. 05-20 as it currently exists or may be amended.
1.2 Definitions used herein shall be the same as those found in the Zoning
Ordinance for the Town of Prosper, Texas as it currently exist or may be
amended.
2.0 Permitted Uses:
2.1 Proposed land uses followed with an “(S)” are permitted with a Specific Use
Permit and uses followed by a “(C)” are permitted subject to the conditional
development standards set forth in the Towns’ Zoning Ordinance. The allowable
land uses within this Planned Development are as follows:
1. Accessory Building;
2. Administrative, Medical, or
Professional Office;
3. Antique Shop and Used Furniture
4. Artisan’s Workshop;
5. Bank, Savings and Loan, or
Credit Union;
6. Beauty Salon/Barber shop;
7. Building Material and Hardware
Sales, Minor;
8. Business Service;
9. Commercial Amusement, indoor;
10. Community Center;
11. Dry Cleaning, Minor;
12. Day Care, Child, (C);
13. Furniture, Home Furnishing and
Appliance Store;
14. Governmental Office;
15. Gymnastics/Dance Studio;
16. Homebuilder Marketing Center;
17. Health/Fitness Center;
18. Hospital;
19. House of Worship;
20. Insurance Office;
21. Locksmith / Security System
Company;
22. Mini-warehouse with caretaker’s
residence ( Public Access
between 6 am-8pm)
23. Massage Therapy, Licensed;
24. Museum /Art Gallery;
25. Municipal Uses (operated by
Prosper)
26. Nursery, Minor;
27. Park or Playground;
28. Print Shop, Minor;
29. Private Club (S);
30. Private Recreation Center;
31. Retails Stores and Shops;
32. Retail/Services Incidental Uses;
33. Restaurant or Cafeteria, (C);
34. School, Private or Parochial;
35. School, Public;
36. Theater, Neighborhood;
37. Veterinarian Clinic and/or Kennel, Indoor;
Exhibit “C”
Preston 48 Addition, Block A, Lot 6 December 28, 2011
Dowdey, Anderson & Associates -2- DAA No. 11031
3.0 Area Regulations:
3.1 Minimum Yard Requirements:
a. Min. Front Yard Setback: Thirty (30) feet
b. Min. Side Yard Setback:
· Five (5) feet adjacent to non-residential districts. The minimum
side yard setback may be reduced between retail buildings on
separate lots as shown on an approved site plan. Building 10
shall have a one (1) foot set-back.
· Ten (10) feet for a 1 story building adjacent to a residential
district.
c. Min. Rear Yard Setback:
· Ten (10) feet to a residential district.
3.2 Minimum Lot Requirements:
a. Minimum Lot Area: Ten Thousand (10,000) square feet.
b. Minimum Lot Width: Forty (40) feet
c. Minimum Lot Depth: One hundred (100) feet.
3.3 Maximum Building Height:
a. Buildings , except for Building 1 as shown on Exhibit D, shall be a
maximum of one (1) story or Thirty (30) feet in height. Building 1 on
Exhibit D shall be a maximum of two (2) stories, no greater than forty
(40) feet in height.
3.4 Maximum Lot Coverage: Fifty (50) percent for buildings and accessory
structures.
3.5 Floor Area Ratio: Maximum 0.5:1.
4.0 Exterior Building Materials:
The existing buildings are 100% masonry (clay fired brick) exclusive of
windows and doors. Any future buildings shall be comprised of brick of similar
color to provide a compatible and homogenous appearance with the existing
masonry buildings.
Exhibit “C”
Preston 48 Addition, Block A, Lot 6 December 28, 2011
Dowdey, Anderson & Associates -3- DAA No. 11031
5.0 Screening Regulations:
5.1 Land Use Screening:
a. A solid masonry wall on the west and south line of Lot 6, Block A of the
Prosper 48 Addition is not required.
b. Along the west line of Lot 6, for Lots 14-17 within the Preston Lakes
Addition, the private wood fences shall be extended to the existing rear
building wall and the existing 10 –foot buffer shall be landscaped with
shrub and turf.
c. Along the south line of Lot 6, for Lots 18-25 within the Preston Lakes
Addition, the developer shall plant a minimum of 1-6-foot, eastern red
cedar on staggered twenty foot centers along the south line of lot 6 to
create a solid green screen and the remainder of the open space north
of the green screen shall be turf or native grasses to provide a
landscaped buffer between residential and non-residential uses.
d. Landscape Islands – internal landscape islands and trees at the
terminus of parking aisles internal to the mini-warehouse development
are not required.
e. Along the north and east line of Lot 6, for Preston 48 Addition Lots 1-5
the 5-foot landscape buffer shall remain as existing turf.
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 14, 2012
Date: February 8, 2012
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/or preliminary site plans acted on by the Planning & Zoning
Commission at their February 7, 2012 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. Site plan for Whispering Farms Commercial Center, Block A, Lot 2R-C, on 0.7± acre,
located on the south side of Prosper Trail, 500± feet east of Coit Road, approved by a vote
of 6-0.
2. Site plan for Bryant’s Addition, Block 9, Lot 10-R, on 0.5± acre, located on the northeast
corner of Coleman Street and Broadway Street (101 E. Broadway Street), approved by a
vote of 6-0.
3. Site plan for Preston Road Water Tower, Block A, Lot 1, on 1.0± acre, located on the
southeast corner of Craig Street and First Street, approved by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 1
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday February 14, 2012
Date: February 10, 2012
Agenda Item:
Consider and act upon Resolution 12-04 of the Town Council of the Town of Prosper ordering
two (2) separate Public Hearings for February 28, 2012 and March 13, 2012, regarding the
adoption of three (3) proposed Strategic Partnership Agreements with Denton County Fresh
Water Supply District No. 10., in accordance with Section 43.0751, Texas Local Government
Code
Description of Agenda Item:
On Tuesday December 13, 2011 the Town of Prosper entered into an Agreement with 166
Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction. Included in that
agreement is reference to entering into at a later date Strategic Partnership Agreements
between the Town of Prosper and Denton County Fresh Water District No. 10. These
agreements address the collection of sales tax and its distribution in commercial areas located
within the District.
This resolution sets the required public hearing dates.
Budget Impact:
NA
Legal Obligations and Review:
The language calling the public hearings was developed by Courtney Kuykendall, the Town’s
Attorney.
Attached Documents:
1. Resolution 12-04 of the Town Council of the Town of Prosper ordering two (2) separate
Public Hearings for February 28, 2012 and March 13, 2012, regarding the adoption of
three (3) proposed Strategic Partnership Agreements with Denton County Fresh Water
Supply District No. 10., in accordance with Section 43.0751, Texas Local Government
Code
Town Staff Recommendation:
Town staff recommends that the Town Council approve the Resolution ordering two (2)
separate Public Hearings for February 28, 2012 and March 13, 2012, regarding the adoption of
three (3) proposed Strategic Partnership Agreements with Denton County Fresh Water Supply
District No. 10., in accordance with Section 43.0751, Texas Local Government Code
Prosper is a place where everyone matters.
ADMINISTRATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-04
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE ORE ORDER OF TWO SEPARATE PUBLIC
HEARINGS FOR FEBRUARY 28, 2012 AND MARCH 13, 2012, REGARDING THE
ADOPTION OF THREE (3) PROPOSED STRATEGIC PARTNERSHIP AGREEMENTS
WITH DETON COUNTY FRESH WATER SUPPLY DISTRICT NO. 10, IN
ACCORDANCE WITH SECTION 43.0751, TEXAS LOCAL GOVERNMENT CODE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby grants the order of two (2)
separate Public Hearings for February 28, 2012 and March 13, 2012, regarding the
adoption of three (3) proposed Strategic Partnership Agreements with Denton
County Fresh Water Supply District No.10., in accordance with Section 43.0751,
Texas Local Government Code.
SECTION 2: This Resolution shall take effect on February 14, 2012
RESOLVED THIS THE 14th day of February, 2012 by vote of __ to __.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
A public hearing to consider and act upon a request to rezone 2.3± acres, located on the northwest
corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R). (Z12-0001).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
North
Commercial Office Medium Density Residential
East
Planned Development-7-
Commercial Restaurant and Bank Neighborhood Office
South
Planned Development-17-
Retail Undeveloped Old Town Core District-
Retail
West
Planned Development-21-
Retail Undeveloped Old Town Core District-
Retail
Requested Zoning – Z12-0001 is a request to rezone 2.3± acres, located on the northwest corner
of Preston Road and Broadway Street, from Agricultural (A) to Retail (R).
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Old Town Core District-
Retail for the property. The zoning request conforms to the FLUP.
Thoroughfare Plan – The property is adjacent to Preston Road, a future six lane divided
thoroughfare. The zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sewer service has been extended to the property.
Access – Access to the property will be provided from Preston Road, through cross access.
Adequate access is provided to the property.
Prosper is a place where everyone matters.
PLANNING
Schools – This property is located within the Prosper Independent School District (PISD). It is not
anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
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, being in opposition to the request.
Attached Documents:
1. Zoning Exhibit A.
2. Zoning map of surrounding area.
3. Future Land Use Plan – Old Town Core District Inset.
4. Public hearing notice reply form.
Planning & Zoning Commission Recommendation:
At their January 17, 2012 meeting, the Planning & Zoning Commission recommended the Town
Council approve the request to rezone 2.3± acres, located on the northwest corner of Preston
Road and Broadway Street, from Agricultural (A) to Retail (R), by a vote of 4-3.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request to rezone 2.3± acres, located on
the northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R).
Z12-0001
C
SF-10
SF-15
A
SF-15
SF-15
SF-15
C
PD-7
R
PD-17
O
PD-21
R
PD-21 N PRESTON RDS PRESTON RDE BROADWAY STSTONE CREEK DRSTONE HOLLOW
CT
0 100 200 300
Feet
1 inch = 200 feet
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
A public hearing to consider and act upon an amendment to Chapter 4, Section 4.2(F) of the
Town’s Zoning Ordinance regarding the minimum size of enclosed parking spaces in residential
zoning districts. (Z12-0002).
Description of Agenda Item:
In the Single Family (SF), Downtown Single Family (DTSF), Townhome (TH), and Two-Family (2F)
zoning districts, the Zoning Ordinance requires a minimum of two parking spaces be located
behind the front building line and enclosed in the main or an accessory building. In addition, there
shall be two paved parking spaces provided behind the front property line for the purpose of
allowing on-site stacking or maneuvering to the enclosed spaces. Since May 2005, the Zoning
Ordinance has required these enclosed parking and stacking spaces be a minimum of 10 feet wide
by 22 feet long. Prior to January 2012, the Inspections Division was not aware of the 10’ by 22’
parking space requirement in the Zoning Ordinance and most single family homes permitted in the
past seven years do not meet this standard. After reviewing several ordinances from surrounding
cities, no other city requires a residential parking space greater than 9’ by 20’, which is also
Prosper’s non-residential standard. On January 24, 2012, the Town Council directed Town staff to
proceed with an amendment to the Zoning Ordinance. Town staff recommends the Town Council
approve an amendment to the Zoning Ordinance, requiring enclosed parking and stacking spaces
in SF, DTSF, TH, and 2F zoning districts to be a minimum of 9 feet wide by 20 feet long.
Budget Impact:
There are no significant budget implications associated with the approval of this amendment to the
Zoning Ordinance.
Legal Obligations and Review:
Town staff has notified the public hearing as required by state law.
Attached Documents:
1. Chapter 4, Section 4.2 (Residential Parking Provisions) of the Zoning Ordinance.
Prosper is a place where everyone matters.
PLANNING
Planning & Zoning Commission Recommendation:
At their February 7, 2012 meeting, the Planning & Zoning Commission, by a vote of 4-2,
recommended the Town Council approve the amendment to Chapter 4, Section 4.2(F) of the
Zoning Ordinance as drafted by Town staff.
Town Staff Recommendation:
Town staff recommends the Town Council approve the following amendment to Chapter 4, Section
4.2(F) of the Zoning Ordinance, which reads as follows (additions are underlined and deletions are
struck through):
Chapter 4, Section 4.2(F)
F. In the SF, DTSF, TH and 2F Zoning Districts, all required enclosed parking and stacking
spaces shall be a minimum of nine (9) ten (10) feet wide and twenty (20) twenty-two (22) feet
long. The required maneuvering spaces shall be a minimum of nine (9) feet wide and twenty
(20) feet long. Required enclosed parking and stacking spaces shall remain clear of any
encroachments.
CHAPTER 4 – DEVELOPMENT REQUIREMENTS
SECTION 4 – PARKING AND LOADING
4-4-1
SECTION 4
PARKING AND LOADING
4.1 PURPOSE
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the
adequate provisions of transportation; to conserve the value of buildings; and to encourage the most appropriate
use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and
provisions.
4.2 RESIDENTIAL PARKING PROVISIONS
A. Required parking shall be provided on the same lot as the use it is to serve.
B. All required parking spaces shall be constructed from paved concrete or another similar impervious surface
if approved by the Town Council prior to construction.
C. For agricultural uses in the in the A District, required parking may be constructed from washed gravel,
asphalt, or similar all-weather surface.
D. No required parking space, garage, carport, or other automobile storage space shall be used for the storage
of any heavy load vehicle.
E. In the SF, DTSF, TH and 2F Zoning Districts, there shall be a minimum of two (2) parking spaces located
behind the front building line and enclosed in the main or an accessory building. In addition, there shall be
two (2) paved parking spaces provided behind the front property line only for the purpose of allowing on-site
stacking or maneuvering to the enclosed spaces.
F. In the SF, DTSF, TH and 2F Zoning Districts, required enclosed parking and stacking spaces shall be a
minimum of ten (10) feet wide and twenty-two (22) feet long. The required maneuvering spaces shall be a
minimum of nine (9) feet wide and twenty (20) feet long. Required enclosed parking and stacking spaces
shall remain clear of any encroachments.
G. Circular driveways shall be designed to accommodate any required parking behind the front building line.
4.3 NON-RESIDENTIAL & MULTIFAMILY PARKING PROVISIONS
A. To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect
or shine on adjacent properties and in accordance with the standards established in Chapter 4, Section 6 of
this Ordinance.
B. For safety and fire-fighting purposes, free access through to adjacent parking areas shall be provided
between adjoining non-residential parcels or building sites.
C. All required parking spaces shall be constructed from paved concrete or another similar impervious surface
if approved by the Town Council prior to construction. Parking spaces shall be permanently and clearly
identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type
marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.
D. Dead-end parking aisles are not permitted.
E. Each head-in parking space shall be a minimum of nine (9) feet wide and twenty (20) feet long, exclusive of
driveways and maneuvering aisles, and shall be of usable shape and condition (see Chapter 5, Section 2.3,
Illustrations A-G). Where it is possible for a vehicle to overhang the front of a parking space above a paved,
stoned, mulched, or grassed area other than a sidewalk, street right-of-way, or adjacent property, the depth
of the standard space may be reduced to eighteen (18) feet. No parking space shall overhang required
landscape areas. Parallel parking spaces must be a minimum of eight (8) feet wide and twenty-two (22) feet
long. Parking spaces within non-residential structured parking garages shall be a minimum of eight and
one-half (8.5) feet wide and eighteen (18) feet long.
To: Mayor and Town Council
From: Wayne K. Snell Jr., CBO, Building Official
Cc: Chris Copple, AICP, Planning Director
Re: Town Council Meeting – February 14, 2012
Date: February 9, 2012
Agenda Item:
Consider and act upon Ordinance No. 12-01, amending Section 104.9 (Approved Material and
Equipment) of Exhibit “A” of Ordinance Nos. 09-037 and 09-038 (International Residential Code
and International Building Code), regarding the construction and maintenance of fences.
Description of Agenda Item:
The purpose of the ordinance amendment is to provide for practical safeguarding of life, health
and property from hazards that may arise from the improper construction or maintenance of
fences by:
• Restricting fence installation within drainage easements
• Requiring protective treatment/coating on fence materials, including chainlink and wood.
• Requiring a gate for access.
• Providing wood fence installation standards, including:
o Vertical posts shall be minimum sixteen gauge galvanized steel, set in concrete
footing.
o All pickets shall be a minimum ½ inch thickness.
o Wood material shall be insect resistant, such as cedar or pressure treated yellow
pine. Spruce is not a permitted wood material.
o The back side of the fence (exposed posts and rails) shall be oriented away from
the street.
o All materials are to be securely fastened to ensure an ongoing attractive
appearance and safe condition.
• Prohibiting fence materials such as:
o Barbed wire
o Plywood
o Fiberglass
o Corrugated steel panels
o Razor wire
Town staff provided the ordinance to the Prosper Developers Council (PDC) for their review.
The PDC has submitted a letter supporting the ordinance.
The Town Council tabled this item at their January 24th meeting in order to allow Town staff time
to draft language addressing split-rail and other ranch style fences. Town Staff has added the
following language to Section (I)(7)(a) of the ordinance per the Town Council’s direction:
Prosper is a place where everyone matters.
BUILDING INSPECTIONS
Picket fences, split rail fences, ranch style or agricultural fences, or other types of open
decorative fences approved by the Building Official or his/her designee shall be permitted to use
wooden posts.
Budget Impact:
There are no significant budget implications associated with the approval of this ordinance.
Legal Obligations and Review:
The Town Attorney has reviewed the ordinance.
Attached Documents:
1. Ordinance No. 12-01 amending Section 104.9 (Approved Material and Equipment) of
Exhibit “A” of Ordinance Nos. 09-037 and 09-038.
2. Prosper Developers Council letter of support.
Town Staff Recommendation:
Town staff recommends the Town Council adopt Ordinance 12-01, amending section 104.9
(Approved Material and Equipment) of Exhibit ‘A’ of Ordinance Nos. 09-037 and 09-038
(International Residential Code and International Building Code).