Loading...
04.09.2013 Town Council Packet Page 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Proclamations 3a. Presentation of a proclamation recognizing April 14-20th as the Week of the Young Child. 3b. Presentation of a proclamation recognizing April 14-20th as National Telecommunicators’ Week. 3c. Presentation of a proclamation recognizing April 2013 as Child Abuse and Neglect Prevention Month. 4. Announcements of upcoming 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.) 5a. Consider and act upon minutes from the following Council meeting(s) (HJ)  Regular Meeting – March 26, 2013  Special Meeting – March 27, 2013 5b. Consider and act upon Ordinance No. 13-08, rezoning 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z13-0001). (CC) 5c. Consider and act upon Ordinance No. 13-09, amending Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is for 0.3± acre. (Z13-0005). (CC) 5d. Consider and act upon Ordinance No. 13-10, rezoning 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development-Office (PD-O). (Z13-0002). (CC) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 09, 2013 Meeting begins at 6:00 p.m. Page 2 of 4 5e. Consider and act upon Ordinance No. 13-11, amending Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4± acres. (Z13-0006). (CC) 5f. 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) 6. CITIZEN 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 - 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.) DEPARTMENT ITEMS: 7. Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Frontier Estates, on 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road. (D13-0005) (HW) 8. Consider and act upon the proposed park land dedication within the limits of the preliminary plat of The Parks at Legacy, on 95.4± acres, located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. (D12-0045) (HW) 9. Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side of Coleman Street. (D12-0048) (HW) Page 3 of 4 10. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act deliberate regarding; 10a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 10b. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act to receive legal advice regarding the Police Department’s standard operating procedures, and matters related thereto. 11. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 13. 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 on the following date and time: By _____________________, 2013, at 4:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________ Harlan Jefferson Interim Town Secretary If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town should be held or is required, then such closed or executive meeting or session or consultation with the attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq., will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Page 4 of 4 Texas Government Code: §551.071 - Consultation with the attorney/special counsel for the Town. §551.072 - Discussion regarding the purchase, exchange, lease or value of real property. §551.074 - Discussion regarding personnel matters. NOTICE Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. 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) 569-1011. BRAILLE IS NOT AVAILABLE. Page 1 of 7 ] 1. Call to Order Regular Meeting/Roll Call. The meeting was called to order at 6:01 p.m. Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem Kenneth Dugger, Council Member Danny Wilson, Council Member Curry Vogelsang, Council Member Mike Korbuly, and Council Member Jason Dixon Staff Members present: Town Manager Harlan Jefferson, Executive Assistant/Deputy Town Secretary Carol Myers, Permit Technician Suzanne Brandon, Development Director Hulon Webb, Planning Director Chris Copple, Finance Director Matthew Garrett, Police Chief Kirk McFarlin, and Fire Chief Ronnie Tucker. 2. Pastor Glen Gabbard with Christian Chapel Assembly of God led the Invocation. The Pledge of Allegiance and Pledge to the Texas Flag were given. 3. Announcements of upcoming events. The following announcements were given:  Deputy Mayor Pro Tem Dugger announced the Mayor’s upcoming coffee event with the Senior Citizens at 9:00 a.m. on April 2, 2013, in the Municipal Chambers.  The Town’s successful second annual Spring Cleanup and Recycling event was also mentioned. Approximately 250 residents took advantage of this opportunity disposing of nearly 20 tons of waste and recycling. Given the positive response by residents, staff is considering other locations and increasing the event’s capacity for next year.  Town Manager Jefferson introduced Executive Assistant/Deputy Town Secretary Carol Myers and the Town Council welcomed her. 4. Mayor Smith presented Finance Department staff with the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the Comprehensive Annual Financial Report for the year ending September 30, 2011. This was the second consecutive year that the Town of Prosper has won the Award. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Its attainment represents a significant accomplishment by a government and its management. 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 Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 Tuesday, March 26, 2013 6:00 p.m. Regular Meeting Page 2 of 7 5a. Consider and act upon minutes from the following Council meeting(s) (HJ)  Regular Meeting – February 26, 2013. 5b. Consider and act upon Ordinance No. 13-07, rezoning 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road to amend Planned Development-15 (PD-15), Exhibit C, Section 2.05 (Streets). (Z13-0003). (CC) 5c. Consider and act upon a Resolution No. 13-22 reviewing, updating, and adopting the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy. (MG) Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Meigs Miller seconded the Motion to approve the Consent items, as presented. The Motion was approved by a vote of 7-0. 6. CITIZEN 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 – Roger Flood, Chairman of the Friends of the Prosper Library addressed the Town Council about his concerns about the Town’s accounting practices regarding donations made for the Library’s use through fund-raising efforts. He requested that the $3,000 be returned to the Library’s budget from the General Fund. Resident Cap Parry also addressed the Town Council regarding density iss ues in Prosper. He referenced the small apartment sizes in New York as an example and how they were not conducive to a family life style. Mr. Parry expressed his concern over the size of apartments and asked the Council to be cognizant of this when apartments are being built in Prosper. 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 HEARING: 7. A public hearing to consider and act upon a request to rezone 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z13-0001). (CC) Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion was seconded by Council Member Wilson. Motion was approved by a vote of 7-0. Page 3 of 7 Planning Director Chris Copple addressed the Town Council and made a brief presentation. There were no residents present that wished to speak for or against the item. Mayor Pro Tem Miller made a motion to close the Public Hearing. Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 7-0. Mayor Pro Tem Miller made a motion to approve rezoning 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z13-0001). Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 7-0. 8. A public hearing to consider and act upon a request to amend Planned Development-8 (PD-8), Exhibit C (Hike and Bike Trail Exhibit), located at the terminus of Lake Trail Lane, south of Frontier Parkway. The property is 25.0± acres. (Z13-0004). (CC) The Town Council was briefed and a presentation containing various visuals and maps was made by Planning Director Chris Copple prior to the opening of the Public Hearing. Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 7-0. Developer Darrell Amen spoke briefly with the Town Council in addition to three residents (Frank Woodley-opposed, Jack Dixon-opposed, and Ken Weaver-supported). There were some concerns about the trail dead ending into the pond. Discussion took place about connection with Frontier Park and other alternatives. Deputy Mayor Pro Tem Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Council Member Vogelsang made a motion to deny the request to amend Planned Development-8 (PD-8), Exhibit C (Hike and Bike Trail Exhibit), located at the terminus of Lake Trail Lane, south of Frontier Parkway. The property is 25.0± acres. (Z13 -0004). Motion was seconded by Council Member Dixon. Motion was approved by a vote of 6-1. 9. A public hearing to consider and act upon a request to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is for 0.3± acre. (Z13- 0005). (CC) The Town Council was briefed and various visuals were made available by Planning Director Chris Copple. Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion w as seconded by Council Member Vogelsang. Motion was approved by a vote of 7-0. Developer Phil Jobe addressed the Town Council and stated that this request only concerns the landscape plantings in the 10’ landscape buffer area. He confirmed that he would plant immediately and water the area in question. Deputy Mayor Pro Tem Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Council Member Dixon made a motion to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is for 0.3± acre. (Z13-0005). Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 7-0. Page 4 of 7 10. A public hearing to consider and act upon a request to rezone 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development -Office (PD-O). (Z13-0002). (CC) Planning Director Chris Copple made a presentation to the Town Council. Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 7-0. A representative of the applicant addressed the Town Council to outline the specifics of the office building. There was concern by a resident that the proposed building would block her view. Additional discussion took place regarding the landscape design, signa ge, sightlines, lot size, etc. Architect Steven Hundley was present and addressed the Council Members inquiries. Deputy Mayor Pro Tem Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Korbuly. Motion approved by a vote of 7-0. Council Member Wilson made a motion to deny (and Council Member Dixon seconded the motion) the request to rezone 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development-Office (PD-O.) (Z13-0002). The motion did not carry as there was not a majority vote. The vote for the motion to deny was 3-4. Mayor Smith then requested an alternative motion be made. Mayor Pro Tem Miller made a motion to rezone 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development-Office (PD-O) subject to enhancing the landscaping on the north side and southwest corners by 15% with respect to groundcover and shrubs. (Z13-0002). Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 4-3. 11. A public hearing to consider and act upon a request to amend Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4± acres. (Z13-0006). (CC) Planning Director Chris Copple made a presentation to the Town Council and went over the requirements of the conceptual development plan requirements. Matt Robinson with Greater Texas Land Resources participated in the discussion with Town Council. Council Member Wilson made a motion to open the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Deputy Mayor Pro Tem Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Council Member Dixon made a motion to amend Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4± acres. (Z13-0006). Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. DEPARTMENT ITEMS: 12. Consider and act upon 1) a Letter Agreement between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for SH 289 improvements to be included in future TIRZ Page 5 of 7 Financing Agreement and 2) adopting Resolution No. 13-25 authorizing the Town Manager to execute the same. (HW) Development Services Director Hulon Webb presented this item before the Town Council and stated it was in preparation for a large future development for the specific area. Resident Jack Dixon wanted clarification on the use of the TIRZ funding and inquired about the distance from SH 121. Mayor Pro Tem Miller made a motion to approve the a Letter Agreement between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for SH 289 improvements to be included in future TIRZ Financing Agreement and 2) adopt Resolution No. 13-25 authorizing the Town Manager to execute the same. Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. 13. Consider and act upon 1) a Memorandum of Understanding between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for a Wastewater Trunk Main to be included in future Development Agreement and 2) adopting Resolution No. 13-26 authorizing the Town Manager to execute the same. (HW) Development Services Director Hulon Webb presented this item before the Town Council and a brief discussion took place regarding this capital improvement project. Council Member Korbuly made a motion to approve the Memorandum of Understanding between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for a Wastewater Trunk Main to be included in future Development Agreement and 2) adopt Resolution No. 13-26 authorizing the Town Manager to execute the same. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. 14. Consider and act upon Change Order #1 to Freese and Nichols, Inc., for the 2nd Upper Plane 30/24- Inch Treated Waterline Pipeline Project. (MB) Development Services Director Hulon Webb presented this item before the Town Council and explained that it was necessary because of the changes required in the laying of the water mains on the east side of Town. The initial path for the mains was no longer feasible; therefore, this change order was required. Mayor Pro Tem Miller made a motion to approve Change Order #1 to Freese and Nichols, Inc., for the 2nd Upper Plane 30/24-Inch Treated Waterline Pipeline Project. Motion was seconded by Council Member Wilson. Motion was approved by a vote of 7-0. 15. Consider and act upon Resolution No. 13-23, accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2012, as presented by Lori Herrick of Davis Kinard & Co, PC, Certified Public Accountants. (MG) Finance Director Mathew Garrett introduced the auditing firm representative who provided a detailed summary of the Town’s financial position. The auditor reflected that there were no irregularities discovered; however, there were deficits in some areas that would need to be addressed. Page 6 of 7 Deputy Mayor Pro Tem Dugger made a motion to approve Resolution No. 13-23, accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2012, as presented by Lori Herrick of Davis Kinard & Co, PC, Certified Public Accountants. Motion was seconded by Council Member Vogelsang. Motion was approved by a vote of 7-0. 16. Consider and act upon Resolution No. 13–17 approving renewal of the tower site lease agreement with TierOne Converged Networks. (MG) After a brief discussion, Mayor Pro Tem Miller made a motion to approve Resolution No. 13–17 approving renewal of the tower site lease agreement with TierOne Converged Networks. Motion was seconded by Deputy Mayor Pro Tem Dugger. Motion was approved by a vote of 7-0. 17. Consider and act upon Resolution No. 13–24 approving the First Amendment to the tower site lease agreement with TierOne Converged Networks, allowing for monthly rents and authorizing the Town Manager to execute the same. (MG) This item is an amendment to the renewed tower site lease agreement previously approved by the Town Council and allowing for monthly rental. Deputy Mayor Pro Tem Dugger made a motion to approve Resolution No. 13–24 approving the First Amendment to the tower site lease agreement with TierOne Converged Networks, allowing for monthly rents, and authorizing the Town Manager to execute the same. Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. 18. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act, deliberate regarding: 18a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 18b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Preston Road north of Broadway. 18c. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Prosper Trail west of Coit Road. 18d. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on First Street west of Craig Street. 18e. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act to receive legal advice regarding the Police Department’s standard operating procedures, and matters related thereto. 18f. Section 551.074. Discuss and consider Town Attorney applicants and all matters incident and related thereto. Page 7 of 7 19. Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 10:07 p.m. Motion was seconded by Mayor Pro Tem Miller. Motion was approved by vote of 7-0. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 10:46 p.m. Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. No action was taken as a result of Executive Session. 20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was taken on this item.  Discuss temporary use of Frontier Park for baseball practice.  Discuss additional solid waste service options. 21. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn the meeting at 10:48 p.m. Motion seconded by Council Member Korbuly. Motion approved by vote of 7-0. The meeting adjourned at 10:48 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Harlan Jefferson, Interim Town Secretary Page 1 of 3 ] 1. Call to Order Special Meeting/Roll Call. The meeting was called to order at 8:34 a.m. Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem Kenneth Dugger, Council Member Danny Wilson, Council Member Curry Vogelsang, Council Member Mike Korbuly, and Council Member Jason Dixon Staff Members present: Town Manager Harlan Jefferson, Executive Assistant/Deputy Town Secretary Carol Myers, Library Director Linda Shaw, Public Works Director Frank Jaromin, Development Director Hulon Webb, Planning Director Chris Copple, Parks and Recreation Coordinator Will Mitchell, Finance Director Matthew Garrett, Fire Chief Ronnie Tucker, and Police Chief Kirk McFarlin. 2. The Town Council will hold a strategic planning workshop to discuss successes and accomplishments since the last planning workshop and to prioritize future strategic goals. Facilitator Randy Pennington presented the following topics/goals for the day’s focus and discussion:  Targeted and Maintainable Economic Development: Promote diversity in economic growth and community development for Prosper’s current and future residents.  Residential Development: Ensure quality residential development that supports the Town’s vision and enhances the quality of life of Prosper’s current and future residents.  Safety and Security: Ensure the safety and security of individuals and property for those who live, work, and play in Prosper.  First Rate Utilities: Provide high quality water and sewer services to meet the Town’s current and future needs.  Efficient and Effective Roads & Infrastructure: Provide high transportation corridors that promote mobility to meet the Town’s current and future needs.  Maximize Recreation and Leisure Opportunities: Provide citizens and visitors with opportunities to participate in experiences that meet their recreation and leisure needs. Promote diversity in leisure services, and experiences for Prosper’s current and future residents.  Community Character: Maintain Prosper’s unique feel and distinctive look through extensive use of trees and open space as well as high development standards that provide vibrant, neighborhoods and development.  Fiscal Stewardship: Ensure Propser’s long-term financial viability and integrity of the Town’s financial controls and processes.  A Quality Workforce: Ensure Prosper’s long-term success by attracting, retaining, equipping, and empowering a workforce that delivers excellent service for an excellent value.  Town Facilities: Maintain quality public facilities that represent the brand image of Prosper; meet the needs of the citizens and staff; and promote effective and efficient Town services. Minutes Special Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 Tuesday, March 27, 2013 8:30 a.m. Special Meeting Page 2 of 3 The goals were broken out into the following categories:  Long-term Objectives (5-10 years)  Action Items – Urgent and Important (within the next year)  Action Items – Important to Begin or Continue (immediate and/or on-going)  Action Items – As Time/Resources Allow (no immediate need, but nice to do in the future) Facilitator Randy Pennington asked the Town Council to share the accomplishments that they were most proud of. Some of the accomplishments mentioned were:  Hiring the new Town Manager, EDC Director, and three officers  Frontier Park;  Tollway/380 project;  Growing services yet maintaining the same tax rate;  Infrastructure – Pipeline West;  Parkland acquisition; and  Comp Plan Mr. Pennington stated that the dialogue today would focus on the Town’s “Strategic Plan” which should move the Town Council toward their “Vision.” “Vision” was defined as being a consciously created fantasy of what they would ideally like for Prosper to be. This led to discussion of the Town of Prosper’s 2020 Vision: A community committed to excellence. A high-quality, family-oriented community maintaining a visually aesthetic open feel while quality commercial development is directed toward the Town’s major transportation corridors all while maintaining strong fiscal responsibility.” The Town’s Mission Statement, “tag line,” and logo were reviewed and discussed and the Town Council unanimously agreed that they did not want to make any changes. Vision Focus: Get the utility services in place to accommodate the growth we have; put foundation in place with ordinances, people and culture; then execute. The council unanimously felt this had been talked about enough and it was time to execute their plans. A lengthy discussion was held regarding recreation and leisure opportunities and concerns regarding use of the sports fields, league fees, how fee money was spent, league management, and coordination of the fields/facilities. Town Council gave staff approval to handle scheduling for the use of the fields; but also requested that staff bring a recommendation back to the Town Council regarding the other areas of concern discussed and referenced above. Quality economic development was also high on the Town Council’s priority list, and they instructed the Director of Economic Development to work with staff and determine what would make Prosper unique and bring in business, i.e., Temple being known for medical specialities and facilities with Scott & White and other medical amenities; Grapevine has Bass Pro, etc. The Town Council directed staff to bring a recommendation to them for review and discussion. At the end of the workshop, the Town Council asked staff if they had any concerns, and if so, what they were and what was needed to be successful in their jobs. The main concerns centered around pay and resources such as adequate staffing and equipment. Also, staff felt that in the past, information was not filtered down from upper management to the lower levels of staff which caused morale issues. A specific example was the compensation plan the Town Council approved previously and several of the staff did not know about it. Page 3 of 3 Facilitator Pennington’s PowerPoint presentation containing the discussion topics of the day is attached to these minutes and incorporated herein for reference. Mr. Pennington explained to the staff and Town Council that he would be putting all of the discussion topics and suggestions that had been shared during the day together in a final report which should be ready in about two weeks. Deputy Mayor Pro Tem Dugger made a motion to recess into executive session at 4:40 p.m. Motion was seconded by Council Member Wilson. Motion was approved by a vote of 7-0. 3. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act, deliberate regarding: 3a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 4. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 5:53 p.m. Motion was seconded by Council Member Wilson. Motion was approved by a vote of 7-0. No action was taken as a result of Executive Session. 5. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn the meeting at 5:53 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. The meeting adjourned at 5:53 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Harlan Jefferson, Interim Town Secretary To: Mayor and Town Council From: Chris Copple, AICP, Planning Director Cc: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 9, 2013 Date: April 1, 2013 Agenda Item: Consider and act upon an ordinance rezoning 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z13-0001). Description of Agenda Item: On March 26, 2013, the Town Council approved zoning case Z13-0001, by a vote of 7-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). Prosper is a place where everyone matters. PLANNING TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-08 AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.54 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Brown & Griffin Real Estate Advisors (“Applicant”) to rezone 0.54 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.54 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 9th DAY OF APRIL, 2013. APPROVED AS TO FORM: ______________________________ Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: _________________________________ ___________________, Town Secretary DATE OF PUBLICATION: ____________________________, Prosper Press To: Mayor and Town Council From: Chris Copple, AICP, Planning Director Cc: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 9, 2013 Date: April 1, 2013 Agenda Item: Consider and act upon an ordinance amending Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The request is for 0.3± acre. (Z13-0005). Description of Agenda Item: On March 26, 2013, the Town Council approved zoning case Z13-0005, 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, amending Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. Prosper is a place where everyone matters. PLANNING TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-09 AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 10-107; REZONING A TRACT OF LAND CONSISTING OF 0.291 ACRE, MORE OR LESS, SITUATED IN THE EDWARD BARDLEY TRIMBLE SURVEY, ABSTRACT NO. 86, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-2 (PD-2) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-2 (PD-2); 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. 10-107 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Jobe Properties Ltd. (“Applicant”) to rezone 0.291 acre of land, more or less, situated in the Edward Bradley Trimble Survey, Abstract No. 86, 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 Ordinance No. 10-107. Ordinance No. 10-107 is amended as follows: The zoning designation of the below-described property containing 0.291 acre of land, more or less, situated in the Edward Bradley Trimble Survey, Abstract No. 86, 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-2 (PD-2). 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 standards for the Property in this Planned Development District shall conform to, and comply with the planned development standards, attached hereto as Exhibit “C”, 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 Ordinance No. 10-107 and 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 9th DAY OF APRIL, 2013. APPROVED AS TO FORM: ______________________________ Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ____________________________ ______________, Town Secretary DATE OF PUBLICATION: ____________________________, Prosper Press Exhibit C   Willow Ridge Planned Development-2 Amendment   Planned Development Standards   Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance No. 10-107 as adopted by the Town of Prosper Town Council on November 23, 2010.     2.06 Thoroughfare Screening: Thoroughfare screening shall be provided along future Lovers Lane (a four-lane divided thoroughfare). The landscaping shall consist of a continuous row of Eastern Red Cedars, planted on eight (8) foot centers, a minimum of six (6) feet tall at the time of planting as shown on the attached landscape exhibit. An eight (8) foot cedar board-on-board wood fence with a common stain color, supported by metal posts anchored in concrete, shall be constructed along the shared property line of the single family residential lots and the ten (10) foot open space lot, in place of the required ornamental metal fence. The wood fence, the required landscaping, and the open space lot shall be owned and maintained by the Willow Ridge Homeowner’s Association (HOA).   To: Mayor and Town Council From: Chris Copple, AICP, Planning Director Cc: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 9, 2013 Date: April 1, 2013 Agenda Item: Consider and act upon an ordinance rezoning 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development-Office (PD-O). (Z13-0002). Description of Agenda Item: On March 26, 2013, the Town Council approved zoning case Z13-0002, by a vote of 4-3, subject to: 1. Exhibit G (landscape plan) being revised to show a 15% increase in the number of shrubs located along Preston Road at the north and southwest areas of the building. The applicant has revised Exhibit G to reflect the additional shrubs. 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 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (O) to Planned Development-Office (PD-O). Prosper is a place where everyone matters. PLANNING TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-10 AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 02-49; REZONING A TRACT OF LAND CONSISTING OF 1.512 ACRES, MORE OR LESS, SITUATED IN THE JOHN R. TUNNEY SURVEY, ABSTRACT NO. 916, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED OFFICE (O) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-OFFICE (PD-O); 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. 02-49 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Fay Etta Lookadoo Revocable Trust (“Applicant”) to rezone 1.512 acres of land, more or less, situated in the John R. Tunney Survey, Abstract No. 916 (Independent Bank Celina, Block A, Lot 2), 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. 02-49. Zoning Ordinance No. 05-20 and Ordinance No. 02-49 is amended as follows: The zoning designation of the below-described property containing 1.512 acres of land, more or less, situated in the John R. Tunney Survey, Abstract No. 916 (Independent Bank Celina, Block A, Lot 2), 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-Office (PD-O). 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) the development schedule, attached hereto as Exhibit “E”, 5) the conceptual elevations, attached hereto as Exhibit “F”, and 6) the conceptual landscaping plan, attached hereto as Exhibit “G”, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be 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 9th DAY OF April, 2013. APPROVED AS TO FORM: ______________________________ Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ____________________________ ______________, Town Secretary DATE OF PUBLICATION: ____________________________, Prosper Press Exhibit  ‘B’     STATEMENT  OF  INTENT  AND  PURPOSE     PROPOSED  SPECULATIVE  OFFICE  BUILING     Prosper,  Texas     Intent     It  is  our  intention  to  show  the  improvements  planned  for  the  existing  property  as  described  in  the  enclosed   surveys  and  located  along  Highway  289,  Preston  Road,  south  of  the  intersection  of  Preston  Road,  Hays   Road  and  Chandler  Circle.    Due  to  the  triangular  shape  of  the  site  we  are  requesting  a  Site  Specific  Planned   Development  designation  with  minor  modifications  to  existing  zoning  requirements.     Purpose     The  office  building  will  be  designed  to  attract  high-­‐end  users  with  a  Class-­‐A  office  building  design.     Construction  will  be  concrete  foundation  supporting  a  structural  steel  frame  and  stone  and  brick  veneer   building  designed  to  set  a  new  standard  for  professional  office  buildings  in  the  Town  of  Prosper.    This   development  will  continue  the  pattern  of  successful  development  by  the  Owner  in  the  Town  of  Prosper  and   will  generate  revenue  and  new  jobs  for  local  citizens.     PROPOSED OFFICE USEONE STORY, HEIGHT: 24" MAX., AREA: 12,169.0 sfPRESTON ROAD (State Hwy 289)HAYS ROAD (Future Collector Section, 37' B-B)DEVELOPMENT PLANSITE SUMMARYBRIDGEPORTCHANDLER NORTHSheet NumberSealSheet NameRevision DateScale:Date:File:Project:Stephen Hundley AIA7921 Deer TrailDallas, Texas 75238214-683-0104shundley@schaia.orgARCHITECT:Independent Bank 900 Preston Rd.FF = 791.0 (EST)LANDSCAPE COVERAGE & OPEN SPACEOWNER:LOCATION MAPSuite 163ALL WORK TO BE COMPLETED IN ONE PHASEFay Etta Lookadoo Revocable TrustArch Site Plan.dwg1"=40'-0"214-232-85508350 Meadow RoadPROPOSED NORTH PRESTON PLACE OFFICE BUILDING EXHIBIT 'D'D.O1ZONING CASE # Z13-0002BUILDING FOOTPRINTProsper Office Building28 Dec, 2012Dallas, TX 75231Suite 2972-240-5999SURVEYOR:Garland, TX 75043AJ Bedford Group, Inc.4222 Rsehill RoadEXHIBIT 'D' CONCEPTUAL CURRENT ZONING:SF-15 Single FamilyCURRENT ZONING:CURRENT ZONING:SF-10 Single FamilyCURRENT ZONING:SF-10 Single FamilyCURRENT ZONING: O OfficeCURRENT ZONING: SF-10 AgriculturalEXISTING LAND USE: SINGLE FAMILYFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALSingle FamilyExisting Land Use:Single FamilyFuture Land Use Plan:Low Density ResidentialEXHIBIT 'D'ARCHITECTURAL SITE PLAN Exhibit  ‘E’     DEVELOPMENT  SCHEDULE     PROPOSED  SPECULATIVE  OFFICE  BUILING     Prosper,  Texas     Schedule     It  is  our  intention  to  submit  for  permit  as  soon  as  practical  following  Site  Plan  and  PD  approval  and   build  out  the  project  in  6  to  8  months.    We  hope  to  complete  the  project  before  the  end  of  the  year.       Sheet NumberSealSheet NameRevision DateScale:Date:File:Project:Stephen Hundley AIA7921 Deer TrailDallas, Texas 75238214-683-0104shundley@schaia.orgARCHITECT:EAST ELEVATION WEST ELEVATIONSOUTH ELEVATIONNORTH ELEVATIONEXTERIOR ELEVATIONSVIEW LOOKING NORTHWESTVIEW LOOKING NORTHEASTVIEW LOOKING SOUTHEASTProsper Office BuildingArch Elevations 03.dwg28 Dec, 20123/32"=1'-0"OWNER:Fay Etta Lookadoo Revocable Trust8350 Meadow RoadSuite 163Dallas, TX 75231214-987-3807SP.O2EXHIBIT 'F'EXT ELEVATIONSGENERAL NOTES:ZONING CASE # Z13-0002MATERIAL SUMMARYMATERIAL SUMMARYEAST ELEVATIONWEST ELEVATIONSOUTH ELEVATIONNORTH ELEVATIONEXHIBIT 'F'EXTERIOR ELEVATIONS HAYS ROAD (Future Collector Section, 37' B-B) PROPOSED BUILDING COWNER: Suite 163 Fay Etta Lookadoo Revocable Trust 214-232-8550 8350 Meadow Road Dallas, TX 75231 C To: Mayor and Town Council From: Chris Copple, AICP, Planning Director Cc: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 9, 2013 Date: April 1, 2013 Agenda Item: Consider and act upon an ordinance amending Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4± acres. (Z13-0006). Description of Agenda Item: On March 26, 2013, the Town Council approved zoning case Z13-0006, 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, amending Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. Prosper is a place where everyone matters. PLANNING TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-11 AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 04-52; REZONING A TRACT OF LAND CONSISTING OF 145.4 ACRES, MORE OR LESS, SITUATED IN THE L. NETHERLY SURVEY, ABSTRACT NO. 962, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT-14 (PD-14), EXHIBIT C, SECTION 4.06 TO ADD A CONCEPTUAL DEVELOPMENT PLAN; 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. 04-52 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Prosper Partners LP (“Applicant”) to rezone 145.4 acres of land, more or less, situated in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton 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: Amendment to Ordinance No. 04-52. Ordinance No. 04-52 (Planned Development- 14), Exhibit C, Section 4.06 is amended to add a Conceptual Development Plan to the existing ordinance. The zoning designation of the below-described property containing 145.4 acres of land, more or less, situated in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-14 (PD-14). The property as a whole and the boundaries for each zoning classification are more particularly described in the Conceptual Development Plan attached hereto and 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 Ordinance No. 04-52 and 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 9th DAY OF APRIL, 2013. APPROVED AS TO FORM: ______________________________ Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ____________________________ ______________, Town Secretary DATE OF PUBLICATION: ____________________________, Prosper Press To: Mayor and Town Council From: Chris Copple, AICP, Planning Director Cc: Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – April 9, 2013 Date: April 1, 2013 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 April 2, 2013 meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Preliminary site plan for Prosper Plaza, Block A, Lots 1, 3-4, 6-8, and 10, on 30.0± acres, located on the northwest corner of U.S. 380 and Custer Road. (D12-0014) 2. Site plan for Wildwood Estates Amenity Center, on 2.6± acres, located on the northeast corner of Coleman Street and Dianna Drive. (D13-0015) Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING REVISED PRELIMINARY SITE PLANVICINITY MAPNTSSITEOWNER / APPLICANT (LOTS 1-4, 6-8, 10):QUAIL LANDING PHASE I, LPP.O. BOX 541208DALLAS, TEXAS 75354-1208214-902-2287 PH214-902-9003 FAXADAM SUMRALLENGINEER:RKM & ASSOCIATES, INC.P.O. BOX 864864PLANO, TEXAS 75086-4864(469) 361-1416 PH(469) 361-2485 FAXROBERT K. MANAOIS, P.E.SURVEYOR:SURVEY CONSULTANTS, INC.811 E. PLANO PARKWAY, SUITE 117PLANO, TEXAS 75074(972) 424-7002 PH(972) 633-1702 FAXDOUGLAS S. LOOMIS, R.P.L.S.SITE PLAN NOTES:fax (469) 361-2485phone (469) 361-1416RKM & Associates, Inc.P.O. Box 864864Plano, Texas 75086-4864Copyright © 2011 Firm No. F-12775PROSPER PLAZATOWN OF PROSPER, TEXASPROSPER PLAZA - PROSPER, TEXAS - RKM PROJECT NO. 1048-001 PRELIMINARY SITE PLAN fax (469) 361-2485 phone (469) 361-1416 RKM & Associates, Inc. P.O. Box 864864 Plano, Texas 75086-4864 Copyright © 2011 Firm No. F-12775 PROSPER PLAZA TOWN OF PROSPER, TEXAS PROSPER PLAZA - PROSPER, TEXAS - RKM PROJECT NO. 1048-001OWNER / APPLICANT (LOTS 1-4, 6-8, 10): QUAIL LANDING PHASE I, LP P.O. BOX 541208 DALLAS, TEXAS 75354-1208 214-902-2287 PH 214-902-9003 FAX ADAM SUMRALL ENGINEER: RKM & ASSOCIATES, INC. P.O. BOX 864864 PLANO, TEXAS 75086-4864 (469) 361-1416 PH (469) 361-2485 FAX ROBERT K. MANAOIS, P.E. SURVEYOR: SURVEY CONSULTANTS, INC. 811 E. PLANO PARKWAY, SUITE 117 PLANO, TEXAS 75074 (972) 424-7002 PH (972) 633-1702 FAX DOUGLAS S. LOOMIS, R.P.L.S. SITE PLAN NOTES: To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Cc: Harlan Jefferson, Town Manager Chris Copple, AICP, Planning Director William Mitchell, M.S., CPRP, Parks and Recreation Coordinator Re: Town Council Meeting – April 9, 2013 Date: April 2, 2013 Agenda Item: Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Frontier Estates, on 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road. (D13-0005) Description of Agenda Item: Park Land Dedication: The Town’s Subdivision Ordinance requires a developer dedicate one (1) acre of public parkland for every thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%) of the total acreage, whichever is greater. The Parks and Recreation Board (PARBd) has the ability to recommend to the Town Council acceptance of public dedication of park land or require the developer to pay fees in lieu of the land dedication. When evaluating the public dedication of the park land, the PARBd and Town Council should utilize the Town’s Parks, Recreation and Open Space Master Plan to guide their recommendation. The proposed preliminary plat shows 263 single family residential lots. Using the calculation stated above, the park land dedication required by the development is 7.51 acres. While the Town’s Parks, Recreation and Open Space Master Plan does not specifically show a neighborhood park within this development, it does recommend a neighborhood park to serve the area, as shown conceptually on the property to the south. With the existing Highland Meadows and Whispering Meadows subdivisions near the development, Town staff recommends that the Town Council utilize the park land dedication requirement to incorporate a neighborhood park into Frontier Estates. According to the 2007 Parks, Recreation, and Open Space Master Plan, a neighborhood park consists of the following: • Be accessible to residents who live within a one-half mile radius of the park. • May be frequently located adjacent to elementary and middle schools. • Generally located away from major arterial streets. • Size to be 5 to 10 acres. • Located adjacent to local or minor collector streets. • Parking should be adequate for the proposed facilities it contains. Prosper is a place where everyone matters. PARKS & RECREATION Facilities may include: o Playground equipment with safety surface o Unlighted multi-purpose practice fields o Unlighted tennis courts o Unlighted basketball goals o Active area for unorganized play o Picnic area with benches, picnic tables and cooking grills o Shaded pavilions and gazebos o Jogging and exercise trails o Security lighting o Restroom not typically provided At this time the developer is proposing to dedicate 9.82 acres of park land to meet the required 7.51 acres of park land dedication. While the proximity of the proposed neighborhood park to Preston Road and the terrain of the property do not make the land conducive to meet the neighborhood park requirements listed above, the property does offer the following unique features: • Approximately 655 protected trees greater than 6” in diameter. • 80’ landscape buffer adjacent to Preston Road to be maintained by the HOA. • Approximately 2 acres of property developable for active uses. Town staff recommends that the Town Council consider the dedication of a minimum 9.82 acres of park land for a neighborhood park within the Frontier Estates development to serve the proposed development and existing adjacent subdivisions. Park Improvement Fees: The park improvement fee is currently $1,500 per single family unit for park improvements. As depicted on the Town’s Parks, Recreation and Open Space Master Plan, a hike and bike trail is proposed to be located adjacent to the development along Frontier Parkway (FM 1461). The estimated cost of the proposed park improvements towards the required park improvement fees will be evaluated at the time of final plat submittal. The developer will also be ent ering into a M aintenance Agreement with the Town, similar to Whitley Place, that requires the HOA to maintain the park land property until 70% of the lots in the development have received a certificate of occupancy. Budget Impact: N/A. Legal Obligations and Review: Section 13 of Town’s Subdivision Ordinance includes requirements for park land dedication. The proposed conveyance of 9.82 acres for a neighborhood park complies with the requirements in the Subdivision Ordinance. Attached Documents: 1. Preliminary Plat 2. Town’s Parks, Recreation and Open Space Master Plan Exhibit Parks & Recreation Board Recommendation: On February 13, 2013, the Parks & Recreation Board recommended approval of the proposed conveyance of land for a 9.82 acre neighborhood park, as shown on the preliminary plat of Frontier Estates, by a vote of 7-0. Planning & Zoning Commission: On March 19, 2013, the Planning & Zoning Commission approved the preliminary plat of Frontier Estates, including the proposed conveyance of land for a 9.82 acre neighborhood park. Town Staff Recommendation: Town staff recommends the Town Council approve the proposed conveyance of land for a 9.82 acre neighborhood park, as shown on the approved preliminary plat of Frontier Estates. LOCATION MAP 1" = 1000' PROJECT LOCATION POINT OF BEGINNING M 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED 1/2" IRON ROD SET WITH YELLOW CAP STAMPED "SPIARSENG" IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMNET EASEMENT UTILITY DRAINAGE EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT NO DRIVE ACCESS BY THIS PLAT RIGHT-OF-WAY BUILDING LINE STREET NAME CHANGE BLOCK DESIGNATION STREET FRONTAGE DEED RECORDS, COLLIN COUNTY, TEXAS MAP RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS LOCATION MAP 1" = 1000' PROJECT LOCATION LEGEND 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED 1/2" IRON ROD SET WITH YELLOW CAP STAMPED "SPIARSENG" IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMNET EASEMENT UTILITY DRAINAGE EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT NO DRIVE ACCESS BY THIS PLAT RIGHT-OF-WAY BUILDING LINE STREET NAME CHANGE BLOCK DESIGNATION STREET FRONTAGE DEED RECORDS, COLLIN COUNTY, TEXAS MAP RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS LOCATION MAP 1" = 1000' PROJECT LOCATION LEGEND 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED 1/2" IRON ROD SET WITH YELLOW CAP STAMPED "SPIARSENG" IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMNET EASEMENT UTILITY DRAINAGE EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT NO DRIVE ACCESS BY THIS PLAT RIGHT-OF-WAY BUILDING LINE STREET NAME CHANGE BLOCK DESIGNATION STREET FRONTAGE DEED RECORDS, COLLIN COUNTY, TEXAS MAP RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS Town’s Parks, Recreation and Open Space Master Plan Exhibit – Frontier Estates To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Cc: Harlan Jefferson, Town Manager Chris Copple, AICP, Planning Director William Mitchell, M.S., CPRP, Parks and Recreation Coordinator Re: Town Council Meeting – April 9, 2013 Date: April 2, 2013 Agenda Item: Consider and act upon the proposed park land dedication within the limits of the preliminary plat of The Parks at Legacy, on 95.4± acres, located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. (D12-0045) Description of Agenda Item: At the February 26, 2013 Town Council Meeting, Town staff discussed the general terms of an agreement for public park land dedication credits for privately owned and maintained property. Concerns about the current lack of adequate guidelines and criteria to allow the Town the flexibility to evaluate this type of agreement led to direction for Town staff to include guidelines and criteria in the upcoming Parks Master Plan. These could then be i ncorporated into the existing Town’s ordinances to allow the Town the ability to consider this type of agreement in the future. Until then, all developments will be required to follow the Town’s current ordinances. Park Land Dedication: The Town’s Subdivision Ordinance requires a developer dedicate one (1) acre of public parkland for every thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%) of the total acreage, whichever is greater. The Parks and Recreation Board (PARBd) has the ability to recommend to the Town Council acceptance of public dedication of park land or require the developer to pay fees in lieu of the land dedication. When evaluating the public dedication of the park land, the PARBd and Town Council should utilize the Town’s Parks, Recreation and Open Space Master Plan to guide their recommendation. The proposed preliminary plat shows 300 single family residential lots. Using the calculation stated above, the park land dedication required by the development is 8.57 acres. While the Town’s Parks, Recreation and Open Space Master Plan does not specifically show a neighborhood park within this development, it does recommend a community park and trail head to the north of this development. Unsure about the future viability of the acquisition of a community park in the location shown on t he Town’s Parks, Recreation and O pen Space Master Plan, Town staff recommends that the Town Council utilize the park land dedication requirement to incorporate a neighborhood park and linear park into The Parks at Legacy. Prosper is a place where everyone matters. PARKS & RECREATION According to the 2007 Parks, Recreation, and Open Space Master Plan, a neighborhood park consists of the following: • Be accessible to residents who live within a one-half mile radius of the park. • May be frequently located adjacent to elementary and middle schools. • Generally located away from major arterial streets. • Size to be 5 to 10 acres. • Located adjacent to local or minor collector streets. • Parking should be adequate for the proposed facilities it contains. Facilities may include: o Playground equipment with safety surface o Unlighted multi-purpose practice fields o Unlighted tennis courts o Unlighted basketball goals o Active area for unorganized play o Picnic area with benches, picnic tables and cooking grills o Shaded pavilions and gazebos o Jogging and exercise trails o Security lighting o Restroom not typically provided According to the 2007 Parks, Recreation, and Open Space Master Plan, a linear park consists of the following: • Open space that generally follow some natural or man-made feature that is linear in nature, such as creeks, abandoned railroad rights-of-way or power line or utility corridor easements. • They include hike and bike trails to facilitate pedestrian and bicycle travel. • They can also serve as linear greenbelts to preserve open space. At this time the developer is proposing to dedicate the following park land to meet the required 8.57 acres of park land dedication: • 6.73 acres for a neighborhood park • 4.4 acres for a linear park o Approximately 2.0 acres outside floodplain o Approximately 2.4 acres inside floodplain Park Improvement Fees: The park improvement fee is currently $1,500 per single family unit for park improvements. As depicted on the preliminary plat, a hike and bike trail is proposed to be located within this development and adjacent to the development along Fishtrap, the future 4 lane divided thoroughfare and along the proposed linear park. The estimated cost of the proposed park improvements towards the required park improvement fees will be evaluated at the time of final plat submittal. Budget Impact: N/A. Legal Obligations and Review: Section 13 of Town’s Subdivision Ordinance includes requirements for park land dedication. The proposed conveyance of 6.73 acres for a neighborhood park and approximately 4.4 acres (approximately 2.0 acres outside floodplain) for a linear park complies with the requirements in the Subdivision Ordinance. Attached Documents: 1. Preliminary Plat 2. Town’s Parks, Recreation and Open Space Master Plan Exhibit Parks & Recreation Board Recommendation: At their March 6, 2013, the Parks & Recreation Board recommended the Town Council approve the proposed conveyance of land for a 6.73 acre neighborhood park and approximately 4.4 acres (approximately 2.0 acres outside floodplain) for a linear park, as shown on the preliminary plat of The Parks at Legacy, by a vote of 7-0. Planning & Zoning Commission: On April 2, 2013, the Planning & Zoning Commission approved the preliminary plat of The Parks at Legacy, including the proposed conveyance of land for a 6. 73 acre neighborhood park and approximately 4.4 acres (approximately 2.0 acres outside floodplain) for a linear park. Town Staff Recommendation: Town staff recommends the Town Council approve the proposed conveyance of land for a 6.73 acre neighborhood park and approximately 4.4 acres (approximately 2.0 acres outside floodplain) for a linear park, as shown on the approved preliminary plat of The Parks at Legacy. v Town’s Parks, Recreation and Open Space Master Plan Exhibit – The Parks at Legacy To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Cc: Harlan Jefferson, Town Manager Chris Copple, AICP, Planning Director William Mitchell, M.S., CPRP, Parks and Recreation Coordinator Re: Town Council Meeting – April 9, 2013 Date: April 2, 2013 Agenda Item: Consider and act upon the proposed park land dedication within the limits of the preliminary plat of Tanner’s Mill, on 138.5± acres, located on the east side of Coleman Street. (D12-0048) Description of Agenda Item: Park Land Dedication: The Town’s Subdivision Ordinance requires a developer dedicate one (1) acre of public parkland for every thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%) of the total acreage, whichever is greater. The Parks and Recreation Board (PARBd) has the ability to recommend to the Town Council acceptance of public dedication of park land or require the developer to pay fees in lieu of the land dedication. When evaluating the public dedication of the park land, the PARBd and Town Council should utilize the Town’s Parks, Recreation and Open Space Master Plan to guide their recommendation. At the January 10, 2013 Parks and Recreation Board Meeting, Town staff presented a Planned Development Zoning exhibit and Preliminary Plat for Tanner’s Mill that showed 333 single family lots and the dedication of 9.51 acres of park land adjacent to a proposed elementary school site. Since that meeting, the developer has withdrawn the request to amend the Planned Development and submitted a revised preliminary plat on February 13, 2013 which conforms to the existing zoning requirements in Planned Development-22. The proposed revised preliminary plat shows 308 single family residential lots. Using the calculation stated above, the park land dedication required by the development is 8.8 acres. The Town’s Parks, Recreation and Open Space Master Plan does show a neighborhood park north of this development adjacent to the high school, but due to the zoning of the surrounding area, it is more conducive to have the neighborhood park located within the Tanner’s Mill development. The location proposed will benefit the residents of Tanner’s Mill, but will also be connected to the Saddlecreek and Wildwood Estates developments via the Town’s hike and bike trail system. The proposed revised preliminary plat does not include a proposed elementary school site on the property. Prosper is a place where everyone matters. PARKS & RECREATION According to the 2007 Parks, Recreation, and Open Space Master Plan, a neighborhood park consists of the following:  Be accessible to residents who live within a one-half mile radius of the park.  May be frequently located adjacent to elementary and middle schools.  Generally located away from major arterial streets.  Size to be 5 to 10 acres.  Located adjacent to local or minor collector streets.  Parking should be adequate for the proposed facilities it contains. Facilities may include: o Playground equipment with safety surface o Unlighted multi-purpose practice fields o Unlighted tennis courts o Unlighted basketball goals o Active area for unorganized play o Picnic area with benches, picnic tables and cooking grills o Shaded pavilions and gazebos o Jogging and exercise trails o Security lighting o Restroom not typically provided The developer is proposing to dedicate the necessary park land to meet the required 8.8 acres of park land dedication. Town staff recommends that the Town Council approve the dedication of park land for the Tanner’s Mill development to serve as a neighborhood park. Park Improvement Fees: The park improvement fee is currently $1,500 per single family unit for park improvements. As depicted on the preliminary plat, a hike and bike trail is proposed to be located within the development. The estimated cost of the proposed park improvements towards the required park improvement fees will be evaluated at the time of final plat submittal. Budget Impact: N/A. Legal Obligations and Review: Section 13 of Town’s Subdivision Ordinance includes requirements for park land dedication. The proposed conveyance of 8.8 acres for a neighborhood park complies with the requirements in the Subdivision Ordinance. Attached Documents: 1. Preliminary Plat 2. Town’s Parks, Recreation and Open Space Master Plan Exhibit Parks & Recreation Board Recommendation: On February 13, 2013, the Parks & Recreation Board recommended the Town Council approve the proposed conveyance of land for an 8.8 acre neighborhood park, as shown on the preliminary plat of Tanner’s Mill, by a vote of 6-0. Planning & Zoning Commission: On February 19, 2013, the Planning & Zoning Commission approved the preliminary plat of Tanner’s Mill, including the proposed conveyance of land for an 8.8 acre neighborhood park. Town Staff Recommendation: Town staff recommends the Town Council approve the proposed conveyance of land for an 8.8 acre neighborhood park, as shown on the approved preliminary plat of Tanner’s Mill. ° °°°°°°°°°° ° °°°°° ° ° LEGEND 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED 1/2" IRON ROD SET WITH YELLOW CAP STAMPED "SPIARSENG" IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMNET EASEMENT UTILITY DRAINAGE EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT NO DRIVE ACCESS BY THIS PLAT RIGHT-OF-WAY BUILDING LINE STREET NAME CHANGE BLOCK DESIGNATION STREET FRONTAGE DEED RECORDS, COLLIN COUNTY, TEXAS MAP RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS Town’s Parks, Recreation and Open Space Master Plan Exhibit – Tanner’s Mill