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06.10.2014 Town Council Packet Page 1 of 3 ] 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. Announcements of upcoming events. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – May 27, 2014 4b. Consider and act upon on a Resolution approving bylaws for the Prosper Library Board. (HW) 4c. Consider and act upon an Ordinance for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road. The property is zoned Office (O). (S14-0002). (CC) 5. 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 Meeting Appearance Card” 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 “Public Meeting Appearance Card” 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.) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, June 10, 2014 6:00 p.m. Page 2 of 3 PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon a request to amend 46.6± acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and US 380. (Z14-0010). (CC) 7. Conduct a Public Hearing, and consider and act upon an amendment to the Town’s Future Land Use Plan. (CA14-0001). (CC) DEPARTMENT ITEMS: 8. Consider and act upon the proposed park land dedication within the limits of the conveyance plat of Prosper Road Community Park, Block A, Lot 1 and 2, on 58.1± acres, located on the north side of Prosper Road, 3,000± feet east of Teel Parkway. (D14-0025). (PN) 9. 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, to deliberate regarding: 9a. Section 551.087 - To discuss and consider economic development incentives. 9b. Section 551.072 - To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 9c. Section 551.071 - Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 10. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Water Conservation Education Program 12. 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 June 6, 2014, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. _________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Page 3 of 3 Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, 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. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. Page 1 of 9 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Kenneth Dugger Councilmember Michael Korbuly Councilmember Mike Davis Councilmember Jason Dixon Council Members Absent: Councilmember Curry Vogelsang, Jr. Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon T. Webb, Jr., Executive Director of Development and Community Services Chris Copple, Development Services Director Matt Richardson, Senior Engineer Frank Jaromin, Public Works Director Kent Austin, Finance Director January Cook, Purchasing Agent 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler led the invocation. The pledge of allegiance and the pledge to the Texas flag were recited. 3. Announcements of upcoming events. Mayor Pro-Tem Miller made the following announcements: The next phase of Prosper’s road modernization is to begin on Monday, June 2, as asphalt reconstruction of First Street from Coleman Street to the Dallas North Tollway is set to begin. Work on Coit Road from First Street to Frontier Parkway will undergo the same asphalt reconstruction process. As with First Street, traffic will be required to adhere to one-way movement. During the Coit Road reconstruction, traffic on the affected portion will only move in a northerly direction. Once the reconstruction of First Street is complete, crews will move to Coleman Street and complete an asphalt MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 27, 2014 Item 4a Page 2 of 9 reconstruction on that road between Broadway Street and Prosper Trail. The goal is to complete the three street projects during the summer vacation. Tomorrow morning, Channel 5 will air a story about a Prosper 6th grade student who was surprised this morning with a ride in Engine 1 to Rogers Middle School by the Prosper Fire Department. Brooks Capel showed tremendous integrity by returning money that was lost during the Fire Department’s annual “Fill the Boot” campaign to raise money for the Muscular Dystrophy Association. Congratulations to Brooks on a job well done. The Prosper Town Council would like to congratulate Seniors of Prosper High School, who will celebrate graduation at their commencement ceremony this Friday, May 30. We wish all of the graduates success in their future endeavors. Councilmember Dixon expressed condolences to a local family who had recently lost their mother to a brain aneurism, and asked the Town to keep the family in their thoughts. 4. Presentations.  Presentation by a 6th Grade English Class from Rogers Middle School regarding “The Prosper Project.” Toni Shreve, a 6th grade teacher at Rogers Middle School, presented information to the Town Council on a recent class project to identify the most desirable businesses in Prosper. Tyler Wendon, a student from one of the classes, read his letter to the Council. Ms. Shreve presented the Town Council with copies of the letters that some of the other students had written.  Presentation of a Proclamation to Pastor Jack Graham of Prestonwood Baptist Church. Pastor Graham was unable to attend, and the Proclamation will be delivered to him at a later date.  Presentation of a Certificate of Appreciation to former Councilmember Danny Wilson. Mayor Smith presented a Certificate of Appreciation to former Councilmember Danny Wilson, and read a letter from Mr. Wilson’s former coach, Barry Switzer, under whom he played football at the University of Oklahoma. The Town Council congratulated Mr. Wilson on his service to the Council and Mr. Wilson graciously thanked the Council and the community for his opportunity to serve.  Presentation by a member of the Prosper Historical Society regarding a future Prosper Veterans Memorial. Jack Dixon, representing the Prosper Historical Society and the Veterans Memorial Committee, offered a presentation to the Town Council about a potential Item 4a Page 3 of 9 Veterans Memorial. Funding options and an appropriate location are still being researched. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meetings. (RB)  Regular Meeting – May 13, 2014  Special Meeting to Canvass Election – May 19, 2014 5b. Receive the April 2014 Financial Report. (KA) 5c. Receive the Quarterly Investment Report for the quarter ending March 31, 2014. (KA) 5d. Consider and act upon awarding CSP No. 2014-23-B to Vanguard Modular Buildings, LLC, for the purchase of a modular building for Public Works. (JC) 5e. Consider and act upon ratifying the selection of Mario Sinacola & Sons Excavating, Inc., for conduit work performed on Preston Road; and authorizing payment. (JC) 5f. Consider and act upon Ordinance No. 14-31 rezoning 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018). (CC) 5g. Consider and act upon Ordinance No. 14-32 rezoning 621.1± acres, located on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned Development-3 (PD- 3), Planned Development-13 (PD-13), Agricultural (A), and Single Family- 15 (SF-15) to Planned Development-Single Family- 10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/ R/C). (Z09-0013). (CC) 5h. 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) Item 4a Page 4 of 9 Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 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 Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.) Comments by the Public: Ron Underwood, 8A Rhea Mills Circle, Prosper, spoke in support of the Veterans Memorial park which Mr. Dixon had spoken about previously. Irwin “Cap” Parry, 850 Kingsview Drive, Prosper, read portions of the Town of Prosper’s Comprehensive Plan, and indicated that he believes that the Town needs to re-evaluate the amount of retail zoning that is already in place compared to the Comprehensive Plan when making zoning decisions. Ken Weaver, 1480 Beacon Hill Drive, Prosper, submitted written comments and questions related to the April 2014 Financial Report, specifically regarding delinquent taxes. PRESENTATIONS (CONTINUED):  Presentation of a Plaque of Appreciation to the family of former Mayor F. K. Mullendore. Mrs. Genevieve (“Gene”) Mullendore, Jerry Mullendore, and several members of the Mullendore family were present to receive a plaque in honor of former Mayor F. K. Mullendore. REGULAR AGENDA: (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road. The property is zoned Office (O). (S14-0002). (CC) Item 4a Page 5 of 9 Development Services Director Chris Copple presented this item before the Town Council. The request is for a Specific Use Permit for a Child Day Care Center. Mr. Copple reviewed the criteria to be considered in determining the validity of a SUP request, as well as Town staff’s responses for each. The request satisfies all criteria for SUP approval. The Planning and Zoning Commission recommended approval, and Town staff recommended approval as well. Mr. Copple answered questions from the Town Council regarding screening and landscape requirements. Mayor Smith opened the Public Hearing. The applicant addresses the Council, and agreed to add additional landscape screening around the dumpster area. With no one else speaking, Mayor Smith closed the Public Hearing. Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to approve a request for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road, with additional landscaping and screening around the dumpster area retaining wall as on the site plan. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 8. Consider and act upon the election of a Mayor Pro-Tem and Deputy Mayor Pro- Tem. (RB) Mayor Smith made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to nominate Meigs Miller as Mayor Pro-Tem. The motion was approved by a vote of 6-0. Mayor Smith made a motion to nominate Kenneth Dugger as Deputy Mayor Pro-Tem. Councilmember Korbuly asked to be considered for the position of Deputy Mayor Pro- Tem. Mayor Pro-Tem Miller seconded Mayor Smith’s motion to nominate Kenneth Dugger as Deputy Mayor Pro-Tem. The motion was approved by a vote of 4-2. 9. Consider and act upon an ordinance approving the Water Conservation and Drought Contingency and Water Emergency Response Plan for the Town of Prosper, amending article 13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, and amending Appendix A of the Town’s Code of Ordinances by adding thereto a new section XVII, “Water Conservation and Enforcement Fees.” (FJ) Public Works Director Frank Jaromin presented this item before the Town Council. The North Texas Municipal Water District (NTMWD) and the Texas Commission on Environmental Quality (TCEQ) require the Town to update the plan periodically. Currently, the Town is using a four-stage program for water conservation. NTMWD is transitioning to a three-stage program, which some Towns have already adopted. The Town of Prosper has chosen to delay implementation of the three-stage program until NTMWD returns to Stage 1. At that point, the Town Council will consider Item 4a Page 6 of 9 implementing the three-stage plan. The changes that will be implemented with the updated plan are the addition of Administrative Fees for violations, and discontinuing the use of Evapotranspiration (ET) Controllers as part of the water conservation program. Public Works will implement an education and public awareness campaign to notify the public of the updated plan. Mr. Jaromin answered a question from the audience related to violations by HOA-owned property. Mr. Jaromin responded that the HOAs, as well as other individual customers who have high usage, will be notified to determine if the meter reading is correct, if a leak it present, or if the water usage is accurate. Town Manager Harlan Jefferson indicated that the Town does not intend to implement the Administrative Fees until the Town is being charged extra fees by NTMWD. This ordinance is intended to put processes in place in the event that NTMWD implements increased fees on the Town due to noncompliance with water usage reductions. The Town’s goal is to utilize technology, rather than additional staff, to identify violators, in order to reduce the cost and increase the efficiency of enforcement. Mayor Smith recognized the following individual who requested to speak: Ann Lieber, 1190 Crooked Stick, Prosper, asked what the goal is for being in compliance with NTMWD’s 10% reduction. Mr. Jaromin responded that the reduction is a stipulation of the Town’s contract with NTMWD, and if the Town exceeds its allowed water usage, it may be subject to significant fees. Mr. Jefferson added that although Lake Texoma is scheduled to be back online by June, Lake Chapman’s water supply has been significantly exhausted. Council discussed adjustments to the Administrative Fee structure and enforcement efforts. Mayor Smith recognized the following individual who requested to speak: Ken Weaver, 1480 Beacon Hill, Prosper, questioned why the ordinance is being put in place, when the Town does not intend to enforce it. The Council responded that the intent is not to enforce right away, but to put an ordinance in place in the event that it becomes necessary to enforce water conservation restrictions. After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 14-33 approving the Water Conservation and Drought Contingency and Water Emergency Response Plan for the Town of Prosper, amending article 13.05, “Water Conservation and Drought Contingency and Water Emergency Response Plan,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances, and amending Appendix A of the Town’s Code of Ordinances by adding thereto a new section XVII, “Water Conservation and Enforcement Fees,” as represented by the following, to be administered during the same water conservation stage: First Offense: Courtesy tag warning Second Offense: Certified letter with warning Third Offense: $100 Administrative Fee Fourth Offense and Subsequent Offenses: $300 Administrative Fee The motion was approved by a vote of 6-0 Item 4a Page 7 of 9 10. Consider and act upon an amendment to the Capital Improvement Plan (CIP) for the Southwest Corner of Frontier Park Practice Fields project. (MR) Matt Richardson, Senior Engineer, presented this item before the Town Council. Town staff has been directed to proceed with the design of park improvements at the southwest corner of Frontier Park to maximize practice field space. In January, the Town Council approved a CIP amendment creating and allocating funds for the project. Tonight’s item is to increase the budget for the project from $292,000 to $440,000 due to increases in the scope of the project, including increased turf, irrigation and grading, and the removal of the sand volleyball court. The cost increase will be funded from the Park Dedication Fees Fund. The project does not include lighting, or batting cages. Hulon Webb, Executive Director of Development and Community Services, and Town Manager Harlan Jefferson answered questions from Council regarding the current plan to light the fields in Frontier Park. Lighting is not included in the scope of the proposal for the southwest corner at this time, but Town staff had planned to add lighting systematically pursuant to the CIP plan, the Parks & Recreation and Open Space Master Plan, and as funding became available. Town Council expressed an interest in adding lighting to the southwest corner as part of the current project. Town staff was directed to initiate a change order with Superscapes, upon approval of the bid award, to lay conduit for lighting on the southwest corner. An additional CIP amendment would need to be brought before Council at a future meeting to identify funding options, and a proposed timeline, so that a firm may be hired for the construction of lighting at the southwest corner of Frontier Park at a later date. After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve an amendment to the Capital Improvement Plan (CIP) in an additional amount of $148,000 for the Southwest Corner of Frontier Park Practice Fields project. The motion was approved by a vote of 5-1. 11. Consider and act upon awarding Bid No. 2014-35-B to Superscapes, Inc., related to construction services for the Southwest Corner of Frontier Park Practice Fields, and authorizing the Town Manager to execute same. (PN) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Superscapes was determined to be the lowest bidder. None of the alternate bid items are recommended by Town Staff. Mr. Webb answered questions from the Town Council on the alternate bid items, including the batting cages and irrigation controllers. After discussion, Councilmember Korbuly made a motion and Councilmember Dixon seconded the motion to approve awarding Bid No. 2014-35-B to Superscapes, Inc., in the amount of $381,566.75, related to construction services for the Southwest Corner of Frontier Park Practice Fields, and authorizing the Town Manager to execute same. The motion was approved by a vote of 5-1. 12. Consider and act upon an Ordinance amending Section XIII, “Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto relative to fees for the use of athletic facilities for tournaments, camps, and clinics. (JS) Item 4a Page 8 of 9 Julie Shivers, Recreation Services Coordinator, presented this item before the Town Council. Ms. Shivers reviewed the proposed fees for Tournaments, Camps, and Clinics, and compared the proposed fees to those of the surrounding communities. The Town Council expressed concern about the availability of fields to co-sponsored organizations if fields are made available to non co-sponsored organizations. After discussion, Councilmember Korbuly made a motion and Councilmember Davis seconded the motion to adopt Ordinance No. 14-34 amending Section XIII, “Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto relative to fees for the use of athletic facilities for tournaments, camps, and clinics. The motion was approved by a vote of 6-0. 13. 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, to deliberate regarding: 13a. Section 551.087 - To discuss and consider economic development incentives. 13b. Section 551.072 - To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 13c. Section 551.074. - To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment, Construction Board of Appeals, and Library Board. 13d. Section 551.071. - Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. The Town Council recessed into Executive Session at 8:45 p.m. 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 9:57 p.m. Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to appoint Brian Barnes to fill the vacancy and complete the unexpired term for Place 1 on the Planning and Zoning Commission due to the resignation of Bruce Carlin. The motion was approved by a vote of 5-1. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Item 4a Page 9 of 9 The Town Council directed staff to follow up with Mr. Weaver to address his specific questions about the April Financial Report. Town staff was directed to provide information on the cost of the installation of conduit in the southwest corner of Frontier Park, and to provide information to Council on previous discussions of the subject. 16. Adjourn. The meeting was adjourned at 10:00 p.m., on Tuesday, May 27, 2014. These minutes approved on the 10th day of June, 2014. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 1 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 10, 2014 Agenda Item: Consider and act upon on a Resolution approving bylaws for the Prosper Library Board. Description of Agenda Item: The current Library Board has requested two additional members be appointed to the Library Board, for a total of seven members, which is consistent with other Town Boards and Commissions. During Town staff’s research into the bylaws for the Library, staff was unable to locate any record of approved bylaws for the Library Board. Staff did however find that on July 10, 2012, the Town Council approved a Resolution revising the configuration of the Library Board’s five members. In order to add the two additional board members, staff has prepared bylaws for consideration by the Town Council. Attached Documents: 1. July 10, 2012, Town Council staff report and Resolution 12-47 2. Proposed Resolution approving bylaws for the Prosper Library Board Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Library Board Recommendation: At their May 20, 2014 meeting, the Library Board recommended that the Town Council approve the proposed bylaws for the Prosper Library Board. Town Staff Recommendation: Town staff recommends that the Town Council approve a Resolution approving bylaws for the Prosper Library Board. Proposed Motion: I move to approve a Resolution approving bylaws for the Prosper Library Board. Prosper is a place where everyone matters. LIBRARY SERVICES Item 4b Item 4b Item 4b Item 4b TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-__ A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING THE BYLAWS FOR THE PROSPER LIBRARY BOARD; MAKING FINDINGS; REPEALING RESOLUTION NO. 12-47; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council has created an advisory board known as the Prosper Library Board to advise the Town Council on a wide array of issues related to the Prosper Library and its vision, operations and functions; and WHEREAS, it is deemed prudent and necessary by the Town Council that the Library Board adopt bylaws to clarify any questions that may arise about the Library Board’s composition, operations, officers, procedures and meetings, among other issues; and WHEREAS, the Bylaws of the Prosper Library Board are attached hereto as Exhibit A and are hereby incorporated by reference. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The foregoing recitals are hereby found to be true and correct legislative findings of the Town Council of the Town of Prosper, Texas, and are fully incorporated into the body of this Resolution. SECTION 2 The Town Council of the Town of Prosper, Texas, hereby repeals Resolution No. 12-47, adopted by the Town Council on July 10, 2012, and approves and adopts the Prosper Library Board Bylaws, attached hereto as Exhibit A. SECTION 3 This Resolution shall take effect from and after the date of its passage. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF JUNE, 2014. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 4b APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4b 1 LIBRARY BOARD Bylaws Division 1. Library Board Sec. 1.01 Establishment There is hereby created and established within the Town a Library Board which shall be subject to the jurisdiction of the Town Council and shall constitute an advisory board to the Town Council. Sec. 1.02 Number of members The Library Board shall be composed of seven (7) members appointed by the Town Council. Each member of the Library Board shall meet the eligibility requirements established by the Town Charter and the Board and Commission Appointment Policies and Procedures. The Library Director serves as staff liaison. The members shall serve at the pleasure of the Town Council and may be removed at the discretion of the Town Council. Sec. 1.03 Term of office The term of office of each Library Board member shall be two (2) years. Places 2, 4, and 6 shall be appointed in even-numbered years, and Places 1, 3, 5, and 7 shall be appointed in odd-numbered years. Sec. 1.04 Officers The Library Board shall have a Chair, a Vice-Chair, and a Secretary, whose terms shall be one (1) year but not more than two (2) consecutive terms in one (1) office. No member shall serve for a total period of more than two (2) consecutive years as Chair or Vice-Chair. The Chair and Vice-Chair shall be nominated by a majority vote of the Library Board. The Chair and Vice-chair shall be elected each year at the first regular meeting after Library Board members are appointed and have taken their oath of office. Item 4b 2 Vacancies in office shall be handled as follows: a. In the event of resignation or incapacity of the Chair; the Vice-Chair shall become the Chair for the unexpired portion of the term. b. Vacancy of the Vice-Chair shall be filled for the unexpired term by special election. Duties of the officers shall be as follows: a. Chair: i. Preside at all meetings. ii. Represent the Library Board at public functions of the Town of Prosper and at events such as special Library events, local, state, or national advocacy activities for the Library or for local, state, or national association activities. iii. Appoint standing, special, or ad hoc committees. iv. Assist Library Director in establishing the agenda for each meeting. Agenda items requested by any Library Board member will be included. v. Liaison with the governing authority regarding library issues. b. Vice-chair: i. Assist the Chair in directing the affairs of the Library Board and act in the Chair’s absence. ii. Serve as Chair of ad hoc or special committees or projects such as Chair of an advocacy initiative. c. Secretary: i. Be responsible for the accuracy of the minutes of the Library Board meeting and bring any corrections to the attention of the Library Board at its next meeting. The Secretary shall sign the approved minutes. ii. The Secretary shall submit a written report of all proceedings of the Library Board to the Town Council no more than three (3) weeks following each meeting. iii. The Secretary shall submit the Library Board agenda to the Town Secretary so that it can be publicly posted seventy-two (72) hours prior to the scheduled starting time of the Library Board meeting. iv. In the Secretary’s absence, the Chair shall designate another member to act as Secretary. Item 4b 3 Sec. 1.05 Meetings The regular meeting of the Library Board shall be held monthly at a time designated by the Library Board in the Library or such other place the Library Board may determine and at such other times as the Library Board, Town Council, and/or the Library Director deem necessary and appropriate. All meetings shall be held in a public place with public notice as prescribed by law. A simple majority of the members shall constitute a quorum at all meetings of the Library Board. If a quorum is not present, the meeting shall be cancelled. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Robert’s Rules of Order, Newly Revised, shall govern the parliamentary procedure of the Library Board in all cases to which they are applicable. Sec. 1.06 Removal from office/absences The members shall serve at the pleasure of the Town Council and may be removed at the discretion of the Town Council. Library Board members are expected to maintain regular attendance at meetings in accordance with the attendance policy established by the Town Charter and the Board and Commission Appointment Policies and Procedures. Sec. 1.07 Powers and authority Library Board members provide opinion, support, and expertise as needed, but do not have governing authority. Library Board members shall: a. Provide advice and counsel to the Library Director, Executive Director of Development and Community Services, the Town Manager, and the Town Council, as requested, in matters relating to the services rendered by the Library. b. Study the need for, and encourage the development of, adequate Library facilities. c. Recommend general policies of Library service for approval by the Town Council. d. Recommend to the Town Council suggested programs for the development of Library facilities and necessary financial support for those facilities. Item 4b 4 e. Receive, in the name of and for the Town, donations, gifts, and bequests whether of land, money, securities, books, and manuscripts, collections of historical nature or materials, or local historical relics to be devoted to Library uses or purposes. f. Make any recommendations to the Town Council regarding Library matters that it deems advisable. g. Assist in strategic planning. h. The Library Board shall develop for Town Council review the rules and regulations as may be prescribed by the Town Council for the conduct of its business. i. Encourage in every possible way the development and advancement of the public library at local, regional, state, and national levels. j. Participate in advocacy initiatives including, but not limited to, local issues, including funding issues and requests, state advocacy activities, and federal advocacy initiatives. Sec. 1.08 Amendments These bylaws may be amended by a majority vote of the Library Board members at any regular meeting, provided all members have been notified of the proposed amendment. Such amendment would then be subject to approval by the Town Council. Item 4b Page 1 of 1 To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 10, 2014 Agenda Item: Consider and act upon an Ordinance for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road. The property is zoned Office (O). (S14-0002). Description of Agenda Item: On May 27, 2014, the Town Council approved zoning case S14-0002, by a vote of 6-0, subject to landscaping being provided around the dumpster enclosure. The applicant has revised Exhibit C of the SUP to reflect the condition of approval. Town staff has prepared an ordinance granting the SUP. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a SUP request and adopting an ordinance granting a SUP. A public hearing has been held and the Town Council approved the SUP request. The attached ordinance is a standard format that was previously approved by the Town Attorney, Terrence Welch. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends the Town Council adopt an ordinance for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road. Proposed Motion: I move to adopt an ordinance for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road. Prosper is a place where everyone matters. PLANNING Item 4c TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; GRANTING A SPECIFIC USE PERMIT (SUP) FOR A CHILD DAY CARE CENTER, LOCATED ON A TRACT OF LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, SITUATED IN THE H. JAMISON SURVEY, ABSTRACT NO. 480, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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 Prosper Ventures Partners (“Applicant”) for a Specific Use Permit (SUP) to allow for a Child Day Care Center on a tract of land zoned Office (O), consisting of 1.43 acres of land, more or less, situated in the H. Jamison Survey, Abstract No. 480, in the Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, public hearings have been held, and all other requirements of notice and completion of such 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 Specific Use Permit Granted. Zoning Ordinance No. 05-20 is amended as follows: Applicant is granted a Specific Use Permit (SUP) to allow the operation of a Child Day Care Center, on a tract of land zoned Office (O), consisting of 1.43 acres of land, more or less, situated in H. Jamison Survey, Abstract No. 480, in the Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 4c Ordinance No. 14-__, Page 2 The property shall continue to be used in a manner consistent with the conditions expressly stated in the site plan attached hereto as Exhibit “B,” landscape plan attached hereto as Exhibit “C,” and façade plan attached hereto as Exhibit “D,” which is incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: 1. Landscaping shall be provided around the dumpster enclosure. Except as amended by this Ordinance, the development of the Property within this Specific Use Permit (SUP) 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 (3) 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 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. Item 4c Ordinance No. 14-__, Page 3 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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10th DAY OF JUNE, 2014. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4c 740 745 745 745 745 745 745 1 inch = 30 ft. 30 0 15 POWER POLEPP LEGEND FIR MH FOUND IRON ROD SAN. SEW. MANHOLE WM WV CO CLEAN OUT WATER VALVE WATER METER FH FIRE HYDRANT OVERHEAD POWER LINE W WATER LINE OHE SS T G C SAN. SEWER LINE TELEPHONE LINE GAS LINE CONDUIT OHE 8" SS LIGHT POLELP 8" W T 2"C 6" OAK TREE GUY GUY WIRE TTEL MH BM 531.84 TELEPHONE MANHOLE BENCH MARK TELEPHONE PEDESTAL ASPHALT PAVEMENT SIR SET IRON ROD TEL TELEPHONE - FIBER OPTIC LINE GM GAS METER G BUSH TEL-PED CP FHPP GUY PP INLET LP PP FH LP SSMH CALLED 6.045 ACRES (TRACT 2) WATER PIPELINE ESMT. CITY OF IRVING, TEXAS VOLUME 5168, PAGE 2935 D.R.C.C.T. VARIABLE WIDTH SAN SEW. ESMT. DOC.# 200602160002093 1 0 & DOC.# 200612122001745420 RICHLAND BLVD. (A VARIABLE WIDTH R.O.W.) VOL. 2006, PG. 837 110.83’ S8834’45"W N4957’41"E 15’ DRAINGAGE ESMT. VOL. 6072, PG. 4058 1/2"FIR W/CAP STAMPED "DAA" 1/2"FIR W/CAP STAMPED "DAA" 15’ SANITARY SEWER ESMT. DOC. NO. 20061212001745630 WATER LINE EASEMENT DOC. NO. 20061212001745620 90.00’LOT 3, BLOCK A 1.433 ACRES (62,410 SQ. FT.) S8445’57"W 150.37’ N40 0 2 ’44"W12 3 .71’ 414.20’ 47.15’ 431.29’ 1/2"FIR WITH CAP STAMPED "J&B" N8834’45"E 37.00’ S0125’15"E 7.29’ N4957’41"E 242.20’ S8834’45"W 1/2"FIR W/CAP STAMPED "DAA" 1/2"FIR W/CAP STAMPED "DAA" 1/2"FIR W/CAP STAMPED "DAA" 1/2"FIR W/CAP STAMPED "DAA" 15’ SANITARY SEWER ESMT. DOC. NO. 20061212001745630 30 BM 746.46 2 A CC A B D 51 D 03A-2014 PROJECT # SHEET NO: DRAWN: DATE: REVISIONS:DATE: 3 4 2 5134 SCALE: CHECKED:PROJECT:TITLE: 03.31.2014 SEAL: B MONTESSORICOLLIN COUNTY, TEXASARCHITECT + ASSOCIATES, INC. PLANNING-ARCHITECTURE-ENGINEERING TOWN OF PROSPEROWNER: BM CAPITAL E-mail: myounus@goldenbank.com RICHARDSON, TX. 75082 Mohammed Younus (214)762 0246 3705 HACKBERRY LN. E-mail: mhdewan@gmail.com Cell:(214)738 3619 Bus:(214)730 0666 13601 Preston Rd., Ste:820W, Dallas, TX, 75240 Web Site: d1architect.com ANGEL AGECOIT RD. & RICHLAND BLVDINVESTMENT GROUP LLC CONSULTANT: FLOOD STATEMENT: According to Community Panel No. 48085C0235 J, dated June 2, 2009 of the Federal Emergency Management Agency, National Flood Insurance Program Map, this property is within Flood Zone "X", (areas determined to be outside 500-year floodplain), which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This statement shall not create liability on the part of the Surveyor. NOTES Being all that tract of land in the Town of Prosper, Collin County, Texas, being a part of the H. JAMISON SURVEY, ABSTRACT No. 480, and being a Lot 3, Block A of Whispering Gables Addition, an addition to the Town of Prosper, recorded in Volume 2007, Page 674 of the Plat Records, Collin County, Texas, and being further described as follows: BEGINNING at a one-half inch iron rod with yellow cap stamped "J&B" found at the southwest corner of said Lot 3 and in the north line of Richland Boulevard (a variable width right-of-way) as recorded in Volume 2006, Page 837, Collin County Plat Records, also being the most southeasterly corner of Lot 2R, Block A of The Estates and Mansions of Prosper Addition, an addition to the Town of Prosper, recorded in Volume 2010, Page 346, Plat records, Collin County, Texas, also being in the southeast line of a pipeline easement granted to the City of Irving, Texas as recorded in Volume 5168, Page 2935, Collin County Deed Records; THENCE North 49 degrees 57 minutes 41 seconds East, 431.29 feet along the southeast lines of said Lot 2R, and said southeast line of pipeline easement to a one-half inch iron rod with yellow cap stamped "DAA" found for corner; THENCE South 40 degrees 02 minutes 44 seconds West, 123.71 feet departing the said southeast lines of Lot 2R, and said southeast line of pipeline easement to a one-half inch iron rod with yellow cap stamped "DAA" found for corner; THENCE South 01 degrees 25 minutes 15 seconds East, 172.53 feet to a one-half inch iron rod with yellow cap stamped "DAA" found in the said north line of Richland Boulevard for corner; THENCE South 88 degrees 34 minutes 45 seconds West, 414.20 and along the said north line of Richland Boulevard to the POINT OF BEGINNING and containing 62,410 square feet or 1.433 acres of land. LEGAL DESCRIPTION N EXHIBIT "A"BOUNDARY SURVEY BOUNDARY SURVEYBEGINNING POINT OF 387’ TO COIT ROAD ERNEST HEDGCOTH REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 2804 2804 ERNEST HEDGCOTHERNEST HEDGCOTH 2804 S ORI F-7701 ENGINEERING, INC. moriakhavan@yahoo.com MORI AKHAVAN 972-816-2626 EXHIBIT "A" LOT 1, BLOCK A 1.837 ACRES (80,051 SQ. FT.) LAND USE: UNDEVELOPED ZONING: OFFICE LOT 2, BLOCK A 1.934 ACRES (84,237 SQ. FT.) LAND USE: UNDEVELOPED ZONING: OFFICE VACANT REMAINDER OF MUSTANG-MIDWAY PLANO, LTD. DOC. NO. 96-0038753 LAND USE: UNDEVELOPED ZONING: PD-2 (COR.) MULTI FAMILY LOT 2R, BLOCK A THE ESTATES AND MANSIONS OF PROSPER VOL. 2010, PAGE 346 PRCCT WESTERN RIM INVESTORS 2007-4 LP LAND USE: MULTI-FAMILY ZONING: PD-2 (MULTI-FAMILY)FIRE LANE VOL. 2010, PAGE 346 PRCCT LOCATION MAP NTSDALLAS PARKWAYSITE PROSPER TRAIL E. 1ST. STREET COLEMAN ST.COIT RD.CUSTER RD.BLVD.LA CIMA U.S. 380 RICHLAND BLVD. ROCKHILL PKWY. VIRGINIA PKWY.SH 289 (PRESTON RD.)S0125’15"E 172.53’SSMH FH 1"=40’ CONTACT: MORI AKHAVAN 972-816-2626 moriakhavan@yahoo.com S ORI ENGINEERING, INC. 2616 Pickwick Lane Plano, Texas 75093 PREPARED BY: DATE:SCALE: TOWN OF PROSPER, COLLIN COUNTY, TEXAS H. JAMISON SURVEY, ABSTRACT No. 480 FOR CONTACT: APRIL 2014 F-7701 WHISPERING GABLES ADDITION LOT 3, BLOCK A, 1.433 ACRES ANGEL AGE MONTESSORI BM CAPITAL INVESTMENT GROUP LLC 3705 HACKBERRY LN. RICHARDSON, TX. 75082 Mohammed Younus (214)762 0246 E-mail: myounus@goldenbank.com OWNER: Item 4c 740 741 742 743 744 745 746 747 748 749 741 742 747 747 746 746 746 745 745 745 745 745 745 744 744 743 743 742 742 743 1 inch = 30 ft. 30 0 15 747 748 749 748 748 747 POWER POLEPP LEGEND FIR MH FOUND IRON ROD SAN. SEW. MANHOLE WM WV CO CLEAN OUT WATER VALVE WATER METER FH FIRE HYDRANT OVERHEAD POWER LINE W WATER LINE OHE SS T G C SAN. SEWER LINE TELEPHONE LINE GAS LINE CONDUIT OHE 8" SS LIGHT POLELP 8" W T 2"C 6" OAK TREE GUY GUY WIRE TTEL MH BM 531.84 TELEPHONE MANHOLE BENCH MARK TELEPHONE PEDESTAL ASPHALT PAVEMENT SIR SET IRON ROD TEL GM GAS METER G BUSH TEL-PED SIGN CP WV WV FH PP GUYWV WVWV WV FH PP INLET LP PP FH WV LP CONC. WALK CONC. WALK CONC. WALK CM CM CM CM CM CM CM CM SSMH CALLED 6.045 ACRES (TRACT 2) WATER PIPELINE ESMT. CITY OF IRVING, TEXAS VOLUME 5168, PAGE 2935 D.R.C.C.T. VARIABLE WIDTH SAN SEW. ESMT. DOC.# 200602160002093 1 0 & DOC.# 2006121220 0 1745420 RICHLAND BLVD. (A VARIABLE WIDTH R.O.W.) VOL. 2006, PG. 837 110.83’ S8834’45"W N4957’41"E REMAINDER OF MUSTANG-MIDWAY PLANO, LTD. DOC. NO. 96-0038753 15’ DRAINGAGE ESMT. VOL. 6072, PG. 4058 1/2"IRF W/CAP STAMPED "DAA" 15’ SANITARY SEWER ESMT. DOC. NO. 20061212001745630 WATER LINE EASEMENT DOC. NO. 20061212001745620 90.00’LOT 1, BLOCK A 1.837 ACRES (80,051 SQ. FT.) LOT 2, BLOCK A 1.934 ACRES (84,237 SQ. FT.) LOT 3, BLOCK A 1.433 ACRES (62,410 SQ. FT.) S8445’57"W 150.37’ N40 0 2 ’44"W12 3 .71’S0125’15"E172.53’414.20’ 47.15’ 431.29’ 1/2"IRS WITH CAP STAMPED "J&B" N8834’45"E 37.00’ S0125’15"E 7.29’ N4957’41"E 242.20’ S8834’45"W 1/2"IRF W/CAP STAMPED "DAA" 1/2"IRF W/CAP STAMPED "DAA" 1/2"IRF W/CAP STAMPED "DAA" 1/2"IRF W/CAP STAMPED "DAA" 15’ SANITARY SEWER ESMT. DOC. NO. 20061212001745630 30 FIRE LANE FF 745.1 739 738 PROP. 8’ INLET SSMH FL. 536.11 PLAYGROUND DROP OFF EXIST. 8"SS 8"SS PROP. 4" SS SERVICEPROP. STORM SEWER HEADWALL EXIST. 21" RCPPROP. DRAINAGE DITCH 8"SS 8"SS 8"S S 8"SS 8"SS EXIST. 12" WATER 12"W 12"W 12"W 12"W 12"W 12"W 12"W12"W EXIST. 8" WATERPROPOSED 8" WATER PROP. 1" IRR. METER PROP. 2" DOM. METER PROP. 6" FIRE LINEPROP. FDC PROP. 2’X2’ AREA DRAIN 8" P VC STOR MDR AIN PIPE PROP. 2’X2’ AREA DRAIN PROP. 2’X2’ AREA DRAIN BM 746.46 PROP. 6’ SIDE WALK PROP. 5’ SIDE WALK PROP. 5’ SIDE WALK ’25’ LANDSCAPE SETBACK LOT 2R, BLOCK A THE ESTATES AND MANSIONS OF PROSPER VOL. 2010, PAGE 346 PRCCT WESTERN RIM INVESTORS 2007-4 LP 2 A CC A B D 51 D 03A-2014 PROJECT # SHEET NO: DRAWN: DATE: REVISIONS:DATE: 3 4 2 5134 SCALE: CHECKED:PROJECT:TITLE:SEAL: B MONTESSORICOLLIN COUNTY, TEXASARCHITECT + ASSOCIATES, INC. PLANNING-ARCHITECTURE-ENGINEERING TOWN OF PROSPEROWNER: BM CAPITAL E-mail: myounus@goldenbank.com RICHARDSON, TX. 75082 Mohammed Younus (214)762 0246 3705 HACKBERRY LN. E-mail: mhdewan@gmail.com Cell:(214)738 3619 Bus:(214)730 0666 13601 Preston Rd., Ste:820W, Dallas, TX, 75240 Web Site: d1architect.com ANGEL AGECOIT RD. & RICHLAND BLVDINVESTMENT GROUP LLC CONSULTANT: SITE DATA SUMMARY TABLE GENERAL SITE DATA Zoning (from zoning map) Land Use (from zoning ordinance) Lot Area (square feet & acres) Building Footprint Area (square feet) Total Building Area (square feet) Building Height (# stories) Building Height (feet - distance to tallest building element) PARKING Accessible Parking Required (# spaces) Accessible Parking Provided (#spaces) ITEM LOT 3 62,410 SF (1.433 AC) 9,050 SF 9,050 SF 1 Story 40 feet 14.6% 10 SP 22 SP 1 SP 1 SP LANDSCAPE AREA (including turf areas) Landscape Edge Area Provided (square feet) Required interior landscape area (parking lot landscaping) (square feet) Additional interior landscape area provided (square feet) Other landscape area within the lot including storm water areas (square feet) TOTAL LANDSCAPE AREA (square feet) IMPERVIOUS AREA Building Footprint area (square feet) Area of Sidewalk, Pavement & other impervious Flatwork (square feet) Other impervious Area TOTAL IMPERVIOUS AREA (square feet) 9,050 SF 27,172 SF 0 35,492 SF 2,750 SF 2,736 SF 16,650 SF 11,164 SF 0 1:1 FLOOD STATEMENT: According to Community Panel No. 48085C0235 J, dated June 2, 2009 of the Federal Emergency Management Agency, National Flood Insurance Program Map, this property is within Flood Zone "X", (areas determined to be outside 500-year floodplain), which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This statement shall not create liability on the part of the Surveyor. NOTES N 1"=40’ CONTACT: MORI AKHAVAN 972-816-2626 moriakhavan@yahoo.com S ORI ENGINEERING, INC. 2616 Pickwick Lane Plano, Texas 75093 PREPARED BY: DATE:SCALE: TOWN OF PROSPER, COLLIN COUNTY, TEXAS H. JAMISON SURVEY, ABSTRACT No. 480 FOR CONTACT: APRIL 2014 F-7701 WHISPERING GABLES ADDITION LOT 3, BLOCK A, 1.433 ACRES ANGEL AGE MONTESSORI BM CAPITAL INVESTMENT GROUP LLC 3705 HACKBERRY LN. RICHARDSON, TX. 75082 Mohammed Younus (214)762 0246 E-mail: myounus@goldenbank.com EXHIBIT "B"EXHIBIT "B"S SI ENONAL DERETSIGE RRPR OFE GINEES XETEOF 79174 ASTAT M. AKHAVANZADEH S SI ENONAL DERETSIGE RRPR OFE GINEES XETEOF ASTAT BUILDING SIZE : 9,050 SF ’PROP. 24’ FIRE LANE, UTILITY & ACCESS ESM’T. PROP. 24’ FIRE LANE, UTILITY & ACCESS ESM’T. SITE PLAN SITE PLAN 04.7.2014 S ORI F-7701 ENGINEERING, INC. moriakhavan@yahoo.com MORI AKHAVAN 972-816-2626 GATE GATE SPACE RESERVED FOR FIRE TRUCK PARKING06 H/C GATE 10 PLAYGROUND 15’ PROP. DRAINGAGE ESMT. PROP. 18" RCP STORM SEWER OWNER: TELEPHONE - FIBER OPTIC 15’ SANITARY SEWER ESMT. DOC. NO. 20061212001745630 LOCATION MAP NTSDALLAS PARKWAYSITE PROSPER TRAIL E. 1ST. STREET COLEMAN ST.COIT RD.CUSTER RD.BLVD.LA CIMA U.S. 380 RICHLAND BLVD. ROCKHILL PKWY. VIRGINIA PKWY.SH 289 (PRESTON RD.)SITE PLAN GENERAL NOTES 30’ BLDG. LINE PROP. 6’ SIDE WALK 25’ BLDG. LINE 25’ BLDG. LINE 30’ LANDSCAPE SETBACK 9500 SF 227’387’ TO COIT RD. RELOCATE FH AND SIGN 30’ 24’4’ PROP. DECELERATION LANE 261’ TO COIT RD.71.0’5’ LA N D SC APE SE T B AC K 10’ BLD G. SE T B AC K 10’ BLDG. SETBACK5’ LANDSCAPE SETBACK30’30’RLot Coverage Floor Area Ratio Office Day Care 1) Dumpsters and trash compactors shall be screened in accordance with the Zoning Ordinance. 2) Open storage, where permitted, shall be screened in accordance with the Zoning Ordinance. 3) Outdoor lighting shall comply with the lighting and glare standards contained within the Zoning Ordinance and Subdivision Ordinance. 4) Landscaping shall conform to landscape plans approved by the Town. 5) All elevations shall comply with the standards contained within the Zoning Ordinance. 6) Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative fire protection measures may be approved by the Fire Department. 7) Fire lanes shall be designed and constructed per town standards or as directed by the Fire Department. 8) Two points of access shall be maintained for the property at all times. 9) Speed bumps/humps are not permitted within a fire lane. 10) Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with the requirements of the current, adopted Building Code. 11) All signage is subject to Building Official approval. 12) All fences and retaining walls shall be shown on the site plan and are subject to Building Official approval. 13) All exterior building materials are subject to Building Official approval and shall conform to the approved faade plan. 14) Sidewalks of not less than six (6’) feet in width along thoroughfares and collectors and five (5’) in width along residential streets, and barrier free ramps at all curb crossings shall be provided per Town standards. 15) Approval of the site plan is not final until all engineering plans are approved by the Engineering Department. 16) Site plan approval is required prior to grading release. 17) All new electrical lines shall be installed and/or relocated underground. 18) All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance. Parking Ratio (Students) (from zoning ordinance) 1SP / 10 Students Parking Ratio (Teachers) (from zoning ordinance) 1SP / Teacher Required Parking (# spaces) for 120 Students Required Parking (# spaces) For 10 Teachers 12 SP 1/2"IRF W/CAP STAMPED "DAA" PLAYGROUND AREA Playground area (65 sf per student) for 120 students 7,800 SF 9,500 SFPlayground area Provided 18’public storm pprivate storm 12’ STREET EASEMENT PROP. FH PROP. 10’X15’ WATER ESM’T. 30’ LANDSCAPE SETBACK 140.50’ BRICK PAVERS 05 15’ 1 3 ’ 2.16’ 25.9’ 9’30’R 30’R 25’R29’R30’R 54’R30’R 30’R 30’R2.5’ NOTE 1 REFER TO NOTE 1 NOTE 2 REFER TO NOTE 2 (TYP.) 6’-0" HIGH MASONRY WALL TO MATCH BLDG’S MATERIAL. 16"X16" POST EVERY 24’ (TOTAL 216 LF) Provided Parking (# spaces) 23 SP Total Parking Required (# spaces) COVERED PLAY AREA OPEN SPACE Open Space Required (@ 7%) (square feet)4,369 SF Open Space Provided (square feet)5,400 SF POWER POLE TO BE RELOCATED PROP. FH 6’-0" HIGH WROUGHT IRON FENCE 6’-0" HIGH WROUGHT IRON FENCE PROP. 6’ SIDE WALK PROP . 6 ’ S IDE WALK REFER TO NOTE 3 90’110’ 90’110’280’R280’RREFER TO NOTE 4 NOTE 3 NOTE 4 THE DUMPSTER ENCLOSURE WILL BE 8’ IN HEIGHT AND WILL MATCH THE BUILDING MATERIALS. THE THOROUGHFARE SCREENING WILL MEET THE STANDARDS OF THE SUBDIVISION ORDINANCE. 6’-0" WROUGHT IRON FENCE C/W LANDSCAPE LIVE SCREENING 15’ AWAY FROM PROPERTY LINE IN LIEU OF MASONRY WALL, INCLUDING 1 LARGE EVERGREEN TREE PLANTED ON 30-FOOT CENTERS, 3-INCH MINIMUM AT THE TIME OF PLANTING, AND INCLUDING EVERGREEN SHRUBS PLANTED ON 6-FOOT CENTERS, 45 GALLON, AND 8-FOOT IN HEIGHT MINIMUM AT THE TIME OF PLANTING. REMOVE EXIST. TREES FROM SOUTH OF THE SIDEWALK AND PLANT THEM ON THE NORTH SIDE OF THE SIDEWALK, ALONG THE PROPERTY LINE. PLANTING WITHIN THE CITY OF IRVING WATER PIPE EASEMENT SHALL REQUIRE APPROVAL BY THE CITY OF IRVING. Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Page 1 of 3 To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 10, 2014 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend 46.6± acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and US 380. (Z14-0010). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development- 40-Mixed Use Undeveloped US 380 District North Planned Development- 40-Mixed Use Undeveloped Medium Density Residential East Planned Development- 40-Mixed Use Undeveloped US 380 District South City of Frisco Undeveloped City of Frisco West Commercial Undeveloped US 380 District Requested Zoning – Z14-0010 is a request to amend 46.6± acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and US 380. The PD regulations are attached. The proposed amendment to PD-40 allows for the development of a retail shopping center anchored by a big box retail building as shown on Exhibit D. The applicant is requesting to amend the PD-40 District in search of relief from several of the Town’s development standards. Town staff has compared the proposed PD standards to the existing PD-40 standards, and the standards that vary from the existing PD-40 standards are: Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 3 1. Permitted Uses – The PD prohibits several uses from developing on the property that are permitted by right or by SUP in the existing PD-40. The prohibited uses include; Commercial Antenna and/or Antenna Support Structure, Major Automobile Repair, Cemetery or Mausoleum, Outdoor Commercial Amusement, Dance Hall, Farmer’s Market, Feed Store, Flea Market, General Manufacturing/Industrial Use Complying with Performance Standards, Limited Manufacturing/Industrial Use Complying with Performance Standards, Mini-warehouse/Public Storage, Mobile Food Vendor, Motel, Motorcycle Sales/Service, Major Nursery, Office/Warehouse/Distribution Center, Open Storage, Pawn Shop, Major Print Shop, Private Club, Recreational Vehicle Sales and Service, Recreational Vehicle/Truck Parking Lot or Garage, Recycling Collection Point, Rehabilitation Care Institution, Small Engine Repair Shop, Storage or Wholesale Warehouse, and Heavy Truck Sales. The PD adds Car Wash and Outdoor Sales as permitted uses. Car Wash is permitted by right in the Retail District. 2. Outdoor Sales – The PD allows for the outdoor sale of merchandise in the designated areas as shown on Exhibit D. The Town’s Zoning Ordinance requires all open storage to be screened from adjacent streets and properties. 3. Convenience Store with Gas Pumps – The PD allows for one Convenience Store with Gas Pumps on the property within 250 feet of the right-of-way line of a major thoroughfare. The Town’s Zoning Ordinance requires a Convenience Store with Gas Pumps to be located within 200 feet of an intersection of two major thoroughfares. 4. Building Materials – The PD allows for Quik Brik, which is a 4” manufactured concrete masonry unit that looks like a large brick, to be a permitted building material. Additional information on the material can be viewed at www.quik-brik.com. The PD also allows for a single building material to comprise 99% of the rear elevation of the big box building, as shown on the attached Exhibit F. The Town’s Zoning Ordinance limits a single building material to 80% of an elevation area and requires a minimum of 10% of the rear elevation be natural or manufactured stone. 5. Lot Frontage - The PD allows for lots to have frontage on a public street or a common public access drive, which shall be a public access, utility, and fire lane easement. The Town’s Subdivision Ordinance requires every lot have frontage onto a public street. Town staff recommends the Town Council review the proposed list of permitted uses, including the Outdoor Sales and the Convenience Store with Gas Pumps standards, and the building material standards to determine if the applicant’s proposed standards are adequate, since the zoning request includes deviations from the Town’s Zoning Ordinance. Future Land Use Plan – The Future Land Use Plan (FLUP) recommends US 380 District uses for the property. The US 380 District is to include a variety of uses, including big box development and commercial service uses. The zoning request conforms to the FLUP. Thoroughfare Plan – The property has direct access to US 380, a future six-lane divided thoroughfare, and Gee Road, a future six-lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Service – Water and sanitary sewer service have been extended to the property. Access – Access to the property is provided from US 380 and Gee Road. Adequate access is provided to the property. Item 6 Page 3 of 3 Schools – This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated this property will be needed for the development of a park. Environmental Considerations – The 100-year floodplain located on the property is shown on Exhibits A and D. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. Town staff has not received any public hearing notice reply forms. Attached Documents: 1. Zoning Exhibits A, B, C, D, E, and F. 2. Zoning map of the surrounding area. 3. Planned Development-40. (see pages 51-54 of Exhibit C for existing standards) Planning & Zoning Commission Recommendation: At their May 20, 2014, meeting, the Planning & Zoning Commission recommended the Town Council approve a request to amend 46.6± acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and US 380, by a vote of 6-0, subject to the following uses being removed from the list of permitted uses on Exhibit C: Athletic Stadium or Field, Private, Athletic Stadium or Field, Public, Bed and Breakfast Inn, Civic/Convention Center, and Farm, Ranch, Stable, Garden, or Orchard. Since the Planning & Zoning Commission meeting, the applicant has revised Exhibit C to reflect the Planning & Zoning Commission’s recommendation. Town Staff Recommendation: Town staff recommends the Town approve the request to amend 46.6± acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and US 380, subject to: 1. Limiting a single building material to 80% of an elevation area and requiring a minimum of 10% of the rear elevation be natural or manufactured stone. Proposed Motion: I move to approve the request to amend 46.6± acres of Planned Development-40 (PD-40), located on the northeast corner of Gee Road and US 380, subject to: 1. Limiting a single building material to 80% of an elevation area and requiring a minimum of 10% of the rear elevation be natural or manufactured stone. Item 6 5565555555 6 0 560560 565 565 565 570575 580 5 8 0580 546546546 546 549 5 5 1 551 551552 5 5 2552552553 553 5 5 3 5 5 4 5545 5 5554 5 5 6 556557 5 5 7 5 5 7 557 558 5585 5 8 5 5 95 615 6 1 561 5625 6 2 5 6 3 5 6 3 5 6 4564 5 6 4 5 6 4 566566 5 6 6 566 5 6 8 567568569568 5695 7 1 5 7 2 5 7 2 573573 574 5 7 4 576 5 7 6576576 5 7 7577 5 7 7 5 78 5 78 579 579 579 581 570570575 5805805805685 6 8 569569 5715715725 7 2 5735735745 7 4 5 7 6 5 7 6 5785795 8 1 582581 582 46.56 ACRESN0°06'39"W879.47'N89°53'21"E 60.00' N88°40'10"E 168.65' S76°05'37"E 114.09' S62°52'46"E 248.99'N88°34'34"E 685.75' N76°03'31"E 74.60' S83°20'45"E 109.69' N39°51'50"E 86.56'N 7 2 °4 7 '0 0 "E 1 5 1 .1 7 'N73°50'45"E 132.35' S84°05'32"E 101.58' N81°05'17"E 97.62' N57°35'24"E 144.66' N82°34'18"E 78.09' N69°27'06"E 92.54' N52°39'12"E 48.91' ∆=11°53'50" R=203.50' L=42.26' CB=S0°17'14"W C=42.18' ∆=10°21'17" R=226.50' L=40.93' CB=S1°03'30"W C=40.88' ∆=15°22'07" R=566.00' L=151.82' CB=S3°33'54"W C=151.36' ∆=25°56'28" R=842.00' L=381.22' CB=S1°43'16"E C=377.98' ∆=13°35'06" R=1005.00' L=238.29' CB=S7°53'58"E C=237.73' ∆=14°18'56" R=188.50' L=47.10' CB=S6°03'03"W C=46.97' S13°12'30"W 44.61' ∆=10°22'32" R=291.50' L=52.79' CB=S8°01'14"W C=52.72' ∆=3°43'22" R=1111.50' L=72.22' CB=S0°58'17"W C=72.21' S43°56'23"W 40.08' S88°34'34"W 2054.75' S89°05'46"W 101.04' S89°17'50"W 21.84' N46°37'51"W 111.24' PART OF TVG TEXAS I, LLC (DOC. NO. 2012-59927) (O.P.R.D.C.T.) 15' WATER LINE EASEMENT DOC. NO. 2012-108220 O.P.R.D.C.T. 35' TEMPORARY CONSTRUCTION EASEMENT DOC. NO. 2012-108220 O.P.R.D.C.T. PROPOSED RIGHT-OF-WAY DEDICATION FOR GEE ROAD (1.32 AC) LOT 1, BLOCK A WESTFORK CROSSING ADDITION (DOC. NO. 2012-93) (O.P.R.D.C.T.)LOT 2, BLOCK AWESTFORK CROSSINGADDITION(DOC. NO. 2012-93)(O.P.R.D.C.T.)70' RIGHT-OF-WAY DEDICATION(DOC. NO. 2010-215)(O.P.R.D.C.T.)PART OF TVG TEXAS I, LLC (DOC. NO. 2012-59927) (O.P.R.D.C.T.) U.S. HIGHWAY 380 (A VARIABLE WIDTH RIGHT-OF-WAY)GEE ROADWINDSONG PARKWAY SOUTH SANITARY SEWER EASEMENT DOC. NO. 2012-108224 O.P.R.D.C.T.RICHARD & NATHAN BONTKE(DOC. NO. 09-10359)THE RICHARD J. BONTKE ANDSANDRA BONTKE REVOCABLE TRUST(DOC. NO. 2012-40590)(O.P.R.D.C.T.)PROPOSED RIGHT-OF-WAY DEDCIATION FOR WINDSONG PARKWAY (BY OTHERS) 75' WATER LINE EASEMENT VOL. 4871, PG. 5146 O.P.R.D.C.T. MOUNTAINPRIZE, INC. (DOC. NO. 2011-1569) (O.P.R.D.C.T.) MOUNTAINPRIZE, INC. (DOC. NO. 2011-1569) (O.P.R.D.C.T.) RUDMAN PARTNERSHIP ETAL (VOL. 2844, PG. 42) (O.P.R.D.C.T.) GARY BEDFORD DAVIS (VOL. 779, PG. 888) (O.P.R.D.C.T.) NASH ELAND LLC (INST. NO. 2014-33175) (O.P.R.D.C.T.) NASH ELAND LLC (INST. NO. 2014-33175) (O.P.R.D.C.T.) HAWKINS LANE F.M. 423 APPROXIMATE LOCATION OF FEMA FLOODPLAIIN EXISTING GEE ROAD (20') FUTURE GEE ROAD (BY OTHERS) N88°34'34"E 685.75'N88°34'34"E 685.75' CREEK CENTERLINE ZONING: RETAIL/COMMERCIAL FLUP: US 380 DISTRICT ZONING: AGRICULTURAL FLUP: RETAIL ZONING: RETAIL FLUP: OFFICE ZONING: AGRICULTURAL FLUP: OFFICE ZONING: AGRICULTURAL FLUP: OFFICE ZONING: PD-40 MIXED USE FLUP: 100-YR FLOODPLAIN/RESIDENTIAL ZONING: PD-40 (MIXED USE)FLUP: US 380 DISTRICT (CITY OF FRISCO)(CITY OF FRISCO)(CITY OF FRISCO)(CITY OF FRISCO) EXISTING ZONING: PD-40 MIXED USE PROPOSED ZONING: PD-40 MIXED USE 60'BUI LDI NG SET BACK 30'BUI LDI NG AND LA NDS CAPE S ETBACK30'BUILDINGSETBACK1 5'L ANDSCAPE SETBACK 25'LANDSCAPESETBACK25'LANDSCAPESETBACK30'BUILDINGSETBACKZONING: RETAIL/COMMERCIAL FLUP: US 380 DISTRICT Copyright © 2014 Kimley-Horn and Associates, Inc. All rights reserved ZONING EXHIBIT A 46.56 ACRES J. SALING SURVEY, ABSTRACT NO. 1675 TOWN OF PROSPER, DENTON COUNTY, TEXAS DWG NAME: K:\DAL_CIVIL\64464400 - PROSPER DD\4_DESIGN\CAD\ZONING\ZONING_EXHIBITA.DWG PLOTTED BY PENA, VANESSA 5/16/2014 7:37 AM LAST SAVED 5/8/2014 11:17 AM Scale Drawn by JAD1" = 100' Checked by Date Project No.Sheet No. Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820FIRM # 101155-00 DAB MAY 2014 064464400 1 OF 1 GRAPHIC SCALE IN FEET 0100 50 100 200 1" = 100'@ 24X36 VICINITY MAP NOTES: 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. 2. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. 3. The thoroughfare alignments shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. 4. According to Map Nos. 48121C0410G and 48121C0430G, Community Panel Nos. 480141 0410 G and 480141 0430 G, dated April 18, 2011 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Denton County, Texas and Incorporated Areas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. LEGAL DESCRIPTION 46.56 ACRES BEING a tract of land situated in the J. Saling Survey, Abstract No. 1675, Town of Prosper, Denton County, Texas; and being part of a tract of land described in Special Warranty Deed to TVG TEXAS I, LLC recorded in Document No. 2012-59927 of the Official Public Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at the north end of a right-of-way corner clip at the intersection of the approximate centerline of Gee Road and the north right-of-way line of U.S. Highway 380 (a variable width right-of-way); THENCE with said approximate centerline of Gee Road, North 0°06'39" West, a distance of 879.47 feet to a point for corner; THENCE departing said approximate centerline of Gee Road, the following courses and distances: North 89°53'21" East, a distance of 60.00 feet to a point for corner; North 88°40'10" East, a distance of 168.65 feet to a point for corner; South 76°05'37" East, a distance of 114.09 feet to a point for corner; South 62°52'46" East, a distance of 248.99 feet to a point for corner; North 88°34'34" East, a distance of 685.75 feet to a point for corner; North 76°03'31" East, a distance of 74.60 feet to a point for corner; South 83°20'45" East, a distance of 109.69 feet to a point for corner; North 39°51'50" East, a distance of 86.56 feet to a point for corner; North 72°47'00" East, a distance of 151.17 feet to a point for corner; North 73°50'45" East, a distance of 132.35 feet to a point for corner; South 84°05'32" East, a distance of 101.58 feet to a point for corner; North 81°05'17" East, a distance of 97.62 feet to a point for corner; North 57°35'24" East, a distance of 144.66 feet to a point for corner; North 82°34'18" East, a distance of 78.09 feet to a point for corner; North 69°27'06" East, a distance of 92.54 feet to a point for corner; North 52°39'12" East, a distance of 48.91 feet to a point in the proposed west right-of-way line of Windsong Parkway (a proposed variable width right-of-way); said point also being the beginning of a non-tangent curve to the right having a central angle of 11°53'50", a radius of 203.50 feet, a chord bearing and distance of South 0°17'14" West, 42.18 feet; LEGAL DESCRIPTION (CONTINUED) 46.56 ACRES THENCE with said proposed west right-of-way line of Windsong Parkway, the following courses and distances: In a southwesterly direction, with said curve to the right, an arc distance of 42.26 feet to a point at the beginning of a reverse curve to the left having a central angle of 10°21'17", a radius of 226.50 feet, a chord bearing and distance of South 1°03'30" West, 40.88 feet; In a southwesterly direction, with said curve to the left, an arc distance of 40.93 feet to a point at the beginning of a reverse curve to the right having a central angle of 15°22'07", a radius of 566.00 feet, a chord bearing and distance of South 3°33'54" West, 151.36 feet; In a southwesterly direction, with said curve to the right, an arc distance of 151.82 feet to a point at the beginning of a reverse curve to the left having a central angle of 25°56'28", a radius of 842.00 feet, a chord bearing and distance of South 1°43'16" East, 377.98 feet; In a southeasterly direction, with said curve to the left, an arc distance of 381.22 feet to a point at the beginning of a reverse curve to the right having a central angle of 13°35'06", a radius of 1005.00 feet, a chord bearing and distance of South 7°53'58" East, 237.73 feet; In a southeasterly direction, with said curve to the right, an arc distance of 238.29 feet to a point at the beginning of a compound curve to the right having a central angle of 14°18'56", a radius of 188.50 feet, a chord bearing and distance of South 6°03'03" West, 46.97 feet; In a southwesterly direction, with said curve to the right, an arc distance of 47.10 feet to a point for corner; South 13°12'30" West, a distance of 44.61 feet to a point at the beginning of a tangent curve to the left having a central angle of 10°22'32", a radius of 291.50 feet, a chord bearing and distance of South 8°01'14" West, 52.72 feet; In a southwesterly direction, with said curve to the left, an arc distance of 52.79 feet to a point at the beginning of a compound curve to the left having a central angle of 3°43'22", a radius of 1111.50 feet, a chord bearing and distance of South 0°58'17" West, 72.21 feet; In a southwesterly direction, with said curve to the left, an arc distance of 72.22 feet to a point for corner; South 43°56'23" West, a distance of 40.08 feet to a point for corner in said north right-of-way line of U.S. Highway 380; THENCE with said north right-of-way line of U.S. Highway 380, the following courses and distances: South 88°34'34" West, a distance of 2054.75 feet to a point for corner; South 89°05'46" West, a distance of 101.04 feet to a point for corner; South 89°17'50" West, a distance of 21.84 feet to a point for corner; North 46°37'51" West, a distance of 111.24 feet to the POINT OF BEGINNING and containing 46.56 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. OWNER TVG TEXAS I, LLC 740 EAST CAMPBELL ROAD SUITE 515 RICHARDSON, TX 75081 TEL NO. (972) 238-7410 APPLICANT NORTHEAST 423/380, LTD 7001 PRESTON ROAD SUITE 410 DALLAS, TX 75205 TEL NO. (214) 224-4600 SURVEYOR/ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. 12750 MERIT DRIVE SUITE 1000 DALLAS, TX 75251 TEL NO. (972) 770-1300 Z14-0010 Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140516 - 3rd Rezoning Submittal\Exhibit B_Statement of Intent and Purpose_20140516.doc EXHIBIT B – Statement of Intent and Purpose Windsong Ranch Marketplace 46.48 Acre, Unplatted tract of land NEC US Highway 380 & Gee Road Prosper, Texas The purpose of the requested Amendment to Planned Develop #40 is to facilitate development of the subject parcel in a manner consistent with current retail and commercial development trends. Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140526 - Exhibit C revisions\Exhibit C_PD-40 Amendment.docx EXHIBIT C Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town Council on March 25, 2008. 3. Mixed-Use Tract d. Mixed-Use Development Standards (Traditional Retail). Retail development within the Mixed Use Tract Is intended predominately for heavy retail, service, light intensity wholesale and commercial uses, but excluding warehousing uses. The nature of uses in this District has operating characteristics and traffic service requirements generally compatible with typical office, retail, and some residential environments. Uses in this District may require open, but screened, storage areas for materials. In the event all or a portion of the Mixed Use Tract Is developed solely for retail uses (i.e. not a mixed use development) then the development for retail uses shall conform to the following standards: a. Size of Yards 1. Minimum Front Yard: thirty (30) feet 2. Minimum Side Yard: a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. c. Thirty (30) feet adjacent to a street. 3. Minimum Rear Yard: a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. b. Size of Lots: 1. Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width One hundred (100) feet. 3. Minimum Lot Depth One hundred (100) feet. c. Maximum Height: Two (2) stories, no greater than forty (40) feet in height, excluding unoccupied architectural elements, such as towers, parapets, and cornices, that may be allowed up to forty-five (45) feet in height for the anchor only. Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140526 - Exhibit C revisions\Exhibit C_PD-40 Amendment.docx d. Lot Coverage: Fifty (50) percent. e. Floor Area Ratio: Maximum 0.5:1. f. Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town’s Zoning Ordinance, unless specifically outlined in Section 3.g. of this document. · Accessory Building · Administrative, Medical, or Professional Office · Alcoholic Beverage Sales C · Antenna and/or Antenna Support Structure, Non-Commercial C · Antique Shop and Used Furniture · Artisan’s Workshop · Assisted Care of Living Facility S · Auto Parts Sales, Inside · Automobile Paid Parking Lot/Garage · Automobile Parking Lot/Garage · Automobile Repair, Minor · Bank, Savings and Loan, or Credit Union · Beauty Salon / Barber Shop · Bottling Works · Building Material and Hardware Sales, Major S · Building Material and Hardware Sales, Minor · Bus Terminal C · Business Services · Cabinet / Upholstery Shop · Car Wash · Caretaker’s / Guard’s Residence · College, University, Trade, or Private Boarding School · Commercial Amusement, Indoor · Community Center · Convenience Store with Gas Pumps C · Daycare Center, Adult S · Daycare Center, Child C · Day Care Center, Incidental S · Dry Cleaning, Minor · Equipment and Machinery Sales and Rental, Minor · Fairgrounds / Exhibition Area S · Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority · Furniture Restoration · Furniture, Home Furnishings and Appliance Store · Gas Pumps C · Golf Course and/or Country Club · Governmental Office · Gunsmith · Gymnastics / Dance Studio Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140526 - Exhibit C revisions\Exhibit C_PD-40 Amendment.docx · Health / Fitness Center · Homebuilder Marketing Center · Hospital · Hotel C · House of Worship · Indoor Gun Range S · Insurance Office · Locksmith / Security System Company · Machine Shop · Massage Therapy, Licensed · Mortuary / Funeral Parlor · Municipal Uses Operated by the Town of Prosper · Museum / Art Gallery · Nursery, Minor · Office / Showroom · Outdoor Sales C · Park or Playground · Pet Day Care C · Print Shop, Minor · Private Recreation Center · Private Utility, Other Than Listed · Research and Development Center C · Residence Hotel C · Restaurant or Cafeteria C · Restaurant, Drive In · Retail Stores and Shops · Retail / Services Incidental Use · School District Bus Yard C · School, Private or Parochial · School, Public · Stealth Antenna, Commercial C · Taxidermist · Telephone Exchange · Temporary Building C · Theater, Neighborhood · Theater, Regional · Veterinarian Clinic and / or Kennel, Indoor · Veterinarian Clinic and / or Kennel, Outdoor S · Winery g. Conditional Development Standards 1. Convenience Store with Gas Pumps A Convenience Store with Gas Pumps is subject to the following regulations: Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140526 - Exhibit C revisions\Exhibit C_PD-40 Amendment.docx a. Convenience Store with Gas Pumps is permitted only within two-hundred and fifty (250) feet of the right-of-way line of a major thoroughfare; b. Convenience Store with Gas Pumps is permitted at a maximum of one (1) location on the property; c. Canopies shall have pitched roofs; d. Canopy support columns shall be entirely masonry encased; and e. The canopy band face shall be a color consistent with the main structure or an accent color and may not be backlit. f. Gas pumps shall be removed if permanently closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations. 2. Outdoor Sales Outdoor Sales is subject to the following regulations: a. Screening of Outdoor Sales areas is not required, if the outdoor sales area complies with the constraints in 3.g.2.b. below. b. Merchandise displayed for Outdoor Sales may be located in accordance with the areas identified in Zoning Exhibit ‘D’, with the following stipulations: i. Merchandise cannot block sidewalks, doorways, accessible route(s), driveways, and/or firelanes; ii. Merchandise may be displayed within twenty-five (25) feet of the exterior wall of the main building of the primary use with a maximum total area of eight- thousand (8,000) square feet. iii. Merchandise may be displayed within ten (10) feet of the main building and within the limits of the canopy footprint of the Convenience Store with Gas Pumps up to a maximum total area of seventeen- hundred and fifty (1,750) square feet. iv. Permitted merchandise shall be seasonal merchandise and may include, but is not limited to; Christmas trees, flowers, landscaping materials, and outdoor furniture. h. Exterior Appearance 1. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, marble, architectural Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140526 - Exhibit C revisions\Exhibit C_PD-40 Amendment.docx concrete block, split face concrete masonry unit, architecturally finished concrete tilt wall, “Quik Brik” (a four (4) inch manufactured concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in the conceptual building elevations Exhibit ‘F’. The conceptual building elevations in Exhibit ‘F’ are representative of the architectural style, color, and material selections. 2. Secondary materials used on the façade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all the primary materials, aluminum or other metal, cedar or similarly decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS), as provided in the conceptual building elevations Exhibit ‘F’. 3. A single material, provided it is a mix of different colors throughout, may comprise up to ninety-nine (99) percent of the rear elevation of the big box building, as shown in Exhibit ‘F’. i. Lot Frontage: Lots shall have frontage on a common access drive or a public street. The common access drive shall be a dedicated public access, utility, and firelane easement. Item 6 CONCEPTUAL LOT TABULATIONS ZONING EXHIBIT D 46.56 ACRES J. SALING SURVEY, ABSTRACT NO. 1675 TOWN OF PROSPER, DENTON COUNTY, TEXAS Scale Drawn by VP1" = 100' Checked by Date Project No.Sheet No. Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820FIRM # 101155-00 MAL MAY 2014 064464400 1 OF 1 GRAPHIC SCALE IN FEET 0100 50 100 200 1" = 100'@ 24X36 VICINITY MAP OWNER TVG TEXAS I, LLC 740 EAST CAMPBELL ROAD SUITE 515 RICHARDSON, TX 75081 TEL NO. (972) 238-7410 APPLICANT NORTHEAST 423/380, LTD 7001 PRESTON ROAD SUITE 410 DALLAS, TX 75205 TEL NO. (214) 224-4600 SURVEYOR/ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. 12750 MERIT DRIVE SUITE 1000 DALLAS, TX 75251 TEL NO. (972) 770-1300 FUEL CENTER OUTDOOR SALES AREA DETAIL Z14-0010 (FUEL CENTER INCLUDES 11 MULTIPLE PUMP DISPENSERS OR 22 FUELING POSITIONS) Item 6 K:\DAL_Civil\64464400 - Prosper DD\4_Design\Rezoning\Submittal\20140516 - 3rd Rezoning Submittal\Exhibit E_Development Schedule_20140516.doc EXHIBIT E – Development Schedule Windsong Ranch Marketplace 46.48 Acre, Unplatted tract of land NEC US Highway 380 & Gee Road Prosper, Texas The anticipated schedule for the development is: Phase I pad sites – January 2015 Anchor – March 2017 Phase I Retail – March 2017 First half of Phase II Retail – February 2018 Second half of Phase II Retail – February 2019 The schedule is subject to change due to various factors behind the control of the developer. Item 6 39'-8" T/PARAPET 29'-8" T/WALL 29'-8" T/WALL 28'-0" T/WALL BIKE RACKPRECAST CONCRETE BOLLARD 17'-0" T/ROOF st1 gl mt ef br2 st1 gl ss efbr2 mt ef br1 br1 efbr2ef st1br1glef efcscs 41'-8" T/PARAPET br1 ss st1st2 pm pm cs pm st2 st1 st2 st2 st2 st1 br1 efefss 28'-0" T/WALL br2 st2 br1 DOUBLE SOLDIER COURSE PROPOSED SIGNAGE PROPOSED SIGNAGE PROPOSED SIGNAGE PROPOSED SIGNAGE PROPOSED SIGNAGE PROPOSED SIGNAGE ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING. SEE PERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4. +170" +336"+336"+168"+336"+168"+170"+168"+170"+238"+232"+238"+4"+234"+0"+234"+0"+234"+0"+234"+0"+234"+0"+234"+0"+234"+4"+238"+232"+238"+166"+164"+166"0"+4"0"+4" 29'-8" T/WALL 28'-0" T/WALL ef cs st1 br1 ef st1 br2 ef br1 ef st1 pm br2 cs mt ss pm br2 pm st2 27'-4" T/WALL st2 ef ef DOUBLE SOLDIER COURSE TRUCK HM DOORS PAINTED TO MATCH BUILDING, TYP. +4"0"+4"+4"+4"+4"+4"0"0"0"0" PRE-FINISHED METAL SCUPPER AND DOWNSPOUT PIPED TO UNDERGROUND STORM DRAINAGE SYSTEM, TYP. 26'-0" T/WALL PRE-FINISHED METAL SCUPPER AND DOWNSPOUT PIPED TO UNDERGROUND STORM DRAINAGE SYSTEM, TYP. 8' TALL CHAIN LINK FENCE, VINYL COATED IN BLACK br1 st1 br2 br2 br2 br1 10' TALL CAST BRICK SCREEN WALL W/ 4' DEEP TRUCK WELL cs cs pm br1ss efst2 DOUBLE SOLDIER COURSE 10' TALL CAST BRICK SCREEN WALL W/ 4' DEEP TRUCK WELL HM DOORS PAINTED TO MATCH BUILDING, TYP. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING. SEE PERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING. SEE PERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4. 29'-8" T/WALL 27'-4" T/WALL 28'-0" T/WALL ef cs st1 efbr1 st1 efbr1 efbr2 st1 br2 cs pm ss pm st2 st2 DOUBLE SOLDIER COURSE PROPOSED SIGNAGE TRUCK ADJACENT RETAIL ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING. SEE PERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4. HM DOORS PAINTED TO MATCH BUILDING, TYP. TRUCK WELL TO BE SCREENED - SEE LANDSCAPE DRAWINGS +4"0"+4"+4"0"0"+4"+4"+4"0"0" ef br1 cs st1 Concrete Stone Veneer pm Metal Coping sf Anodized Aluminum cs Cast Stone mt Exposed Metal br1 br2 Decorative Concrete Masonry ss Standing Seam Metal Roof gl Glazing ef Reinforced E.I.F.S. FINISH SCHEDULE mr Mortar st2 Concrete Stone Veneer Decorative Concrete Masonry Material Percentages East BR1 37.0% ST1 8.8% EIFS 7.9% South 33.0% 8.6% 10.0% West 40.0% 9.4% 8.2% North 69.6% 0.3% 0.5% BR2 22.7%10.6%24.2%24.8% ST2 11.0%13.3%8.4%1.7% Cast Stone 2.8%3.8%2.6%0.9% Glazing 0.0%12.3%0.0%0.0% May 15, 2014 Prosper, TX Big Box Store 514501.05 SOUTH ELEVATION EAST ELEVATION NORTH ELEVATION WEST ELEVATION EXHIBIT F1 - CONCEPT ELEVATIONS •"This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection Division" •"All mechanical equipment shall be screened from public view in accordance with the Comprehensive Zoning Ordinance" •"When permitted, exposed utility boxes and conduits shall be painted to match the building" •"All signage areas and locations are subject to approval by the Building Inspection Department" •"Windows shall have a maximum exterior visible reflectivity of ten (10) percent." Facade Plan Checklist Item 6 May 8, 2014 Prosper, TX Big Box Store 514501.05 EXHIBIT F2 FRONT ELEVATION FRONT ELEVATION Item 6 May 8, 2014 Prosper, TX Big Box Store 514501.05 EXHIBIT F3 - Perspective Views From Property Line at 6'-0" FRONT ELEVATION - SOUTH RIGHT SIDE ELEVATION - EAST ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING. Item 6 May 8, 2014Prosper, TXBig Box Store514501.05EXHIBIT F4 - Perspective Views From Property Line at 6'-0"REAR ELEVATION - NORTHLET SIDE ELEVATION - WESTALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITHTHE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.Item 6 METAL PANEL CANOPY PUMP NUMBER FLAG MASONRY - SANDALWOOD W/ RED FLASH GAS DISPENSER "U" SHAPED BOLLARD PAINTED WHITE MASONRY AND CONCRETE STONE VENEER CONCRETE ISLAND CAST STONE BAND PREFINISHED METAL STANDING SEAM ROOF 12" 12" CONCRETE STONE VENEER PROPOSED SIGNAGE METAL PANEL CANOPY PUMP NUMBER FLAG MASONRY - SANDALWOOD W/ RED FLASH GAS DISPENSER "U" SHAPED BOLLARD PAINTED WHITE MASONRY AND CONCRETE STONE VENEER 6" DIAMETER BOLLARD PAINTED WHITE CAST STONE BAND PREFINISHED METAL STANDING SEAM ROOF 12" 12" CONCRETE STONE VENEER PROPOSED SIGNAGE PROPOSED PRICE SIGNAGE METAL PANEL CANOPY PUMP NUMBER FLAG MASONRY - SANDALWOOD W/ RED FLASH GAS DISPENSER "U" SHAPED BOLLARD PAINTED WHITE MASONRY AND CONCRETE STONE VENEER CAST STONE BAND PREFINISHED METAL STANDING SEAM ROOF 12" 12" CONCRETE STONE VENEER PROPOSED SIGNAGE METAL PANEL CANOPY PUMP NUMBER FLAG MASONRY - SANDALWOOD W/ RED FLASH GAS DISPENSER "U" SHAPED BOLLARD PAINTED WHITE MASONRY AND CONCRETE STONE VENEER 6" DIAMETER BOLLARD PAINTED WHITE PRE-CUT BLACK VINYL ADDRESS DECALS IF REQUIRED CONCRETE STONE VENEER PREFINISHED METAL STANDING SEAM ROOF 12" 12" PROPOSED SIGNAGE PROPOSED PRICE SIGNAGE Material Percentages East Quik Brik 13.72% Metal Roof 34.42% Metal Canopy 34.93% West 13.72% 34.42% 34.93% South 7.33% 48.88% 37.28% North 9.43% Stone 10.84% 10.84% 3.57% Cast Stone 2.65% 2.65% 0.84% Glass 3.44% 3.44% 2.10% 48.88% 37.28% 3.57% 0.84% 0.00% May 15, 2014 Prosper, TX SW589 514501.05 ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING. NORTH ELEVATION SOUTH ELEVATION EAST ELEVATION WEST ELEVATION •"This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection Division" •"All mechanical equipment shall be screened from public view in accordance with the Comprehensive Zoning Ordinance" •"When permitted, exposed utility boxes and conduits shall be painted to match the building" •"All signage areas and locations are subject to approval by the Building Inspection Department" •"Windows shall have a maximum exterior visible reflectivity of ten (10) percent." Facade Plan Checklist Item 6 Z14-0010 WI NDSONGPKW YBLUESTEM DRHAWKINS LNW UNIVERSITY DR FM 423GEERDMPD-40 SFPD-40 SFPD-40 C ±0 150 300 Feet 1 inch = 300 feet Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Item 6 Page 1 of 2 To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 10, 2014 Agenda Item: Conduct a Public Hearing, and consider and act upon an amendment to the Town’s Future Land Use Plan. (CA14-0001). Description of Agenda Item: Town staff has received a zoning request for a Planned Development-Retail District on the northeast corner of Preston Road and Prosper Trail. The Future Land Use Plan (FLUP) recommends Low Density Residential uses for the property. The FLUP recommends a maximum density of 1.6 dwelling units per acre and a minimum lot size no less than 15,000 square feet in areas designated for Low Density Residential. The proposed amendment would revise the FLUP to reflect Retail and Neighborhood Services uses on the northeast corner of Preston Road and Prosper Trail. Town staff has attached specific portions of the Town’s Comprehensive Plan to assist the Town Council in the evaluation of the proposed FLUP amendment. Legal Obligations and Review: The Town Council is required to hold a public hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Existing Future Land Use Plan 2. Proposed Amendment to the Future Land Use Plan 3. Page 30 of the Town’s Comprehensive Plan – Retail and Neighborhood Services District 4. Page 47 of the Town’s Comprehensive Plan – Non-residential Building Orientation 5. Page 54 of the Town’s Comprehensive Plan – Preston Road Corridor 6. Page 64 of the Town’s Comprehensive Plan – Compatibility Between the Zoning Map and the Future Land Use Plan 7. Pages 87-92 of the Town’s Comprehensive Plan – Economic Analysis Planning & Zoning Commission Recommendation: At their June 3, 2014, meeting, the Planning & Zoning Commission recommended the Town Council deny an amendment to the Town’s Future Land Use Plan, by a vote of 6-1. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council consider and act upon an amendment to the Town’s Future Land Use Plan. Proposed Motion: I move to _________ (approve/deny) the amendment to the Town’s Future Land Use Plan. Item 7 Z 0 0.5 1 1.50.25 Miles Plate 2 FutureLand UsePlan July 2012 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj Parvin Rd.F.M. 1385GeeFish Trap Rd. U.S. 380 Dallas North TollwayProsper Trail First St.La Cima Blvd. Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478F.M. 2478Custer Rd.F.M. 423Teel Pkwy.Legacy Dr.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdLegend Low Density Residential Medium Density Residential High Density Residential Retail & Neighborhood Services Business Park Old Town District Town Center Tollway District US 380 District 100 Year Floodplain kjMajor Gateway kj Minor Gateway Town of Prosper ETJ Note: A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. Item 7 Item 7 30 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Residential High Density High density residential represents the most intense residential land uses permitted in Prosper. High density single family uses will consist of developments greater than 2.5 dwelling units per acre and lot sizes smaller than 10,000 square feet. Within Prosper, the high-density residential district is reflective of the Artesia development, where single family residential lot sizes and dwelling units per acre will be substantially higher than the rest of the community. High density residential may be located within the Dallas North Tollway, Highway 380, town Center and Old Town Districts. In such areas, high density residential may take the form of multifamily or single family attached dwelling units and may include mixed-use lofts/apartments, patio homes, snout houses, brownstones and townhomes. Retail and Neighborhood Services Neighborhood services typically include retail establishments that provide merchandise for retail sale, banks, neighborhood office and small medical offices. Retail uses are particularly important because they contribute to Prosper’s tax base through both property and sales taxes, making their inclusion attractive and often times competitive. Within Prosper, neighborhood service uses will likely occur at major intersections along the Dallas North Tollway, HIghway 380 and Preston Road corridors. Neighborhood service uses should also be strategically placed along the Town’s perimeter in order to attract patrons from neighboring communities, enhancing sales tax revenue opportunities. The majority of neighborhood service activity within Prosper will likely be included within the Dallas North Tollway, Highway 380, Town Center and Old Town districts. Item 7 47 Town of Prosper, TX Comprehensive Plan COMMUNITY CHARACTER Building Orientation Building orientation has the ability to significantly affect the appearance of the community. Over the past several decades, strip shopping centers have been defined by large setbacks and with parking areas located between the building and the roadway. With this type of design, much of the visual identity of the corridor is placed on the parking lots and vehicles, rather than on the architecture and identity of the community and the buildings themselves. During visioning exercises, many Prosper residents indicated that high quality non- residential development should be a priority in Prosper and that the “cookie-cutter” strip centers that define many suburban neighborhoods should be discouraged within Prosper. Building orientation is a way to ensure that high-quality retail and commercial centers are developed within Prosper. Retail centers should be clustered together, when possible, creating nodes of activity rather than strips of activity. Neighborhood retail centers will most likely be located at major intersections within Prosper. Clustering of buildings into nodes of activity can often help to define outdoor spaces such as plazas and courtyards and the strategic orientation of buildings can also minimize circulation conflicts. An additional design which may be considered is the placement of parking areas behind buildings rather than along the roadway frontage. The visual experience is then focused upon the landscaping and architectural design of the building, rather than on a large parking lot located in the front. Parking Lot Frontage and Building Frontage Strip Center Retail and Nodal Retail Item 7 54 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Corridors and Districts Preston Road A major component of the visioning exercises pertained to the three major corridors in Prosper: Preston Road, Dallas North Tollway and Highway 380. The following discussions on each corridor are a result of the visioning exercises and feedback received from the comprehensive plan advisory committee and the general public. Land Use Preston Road was described by numerous residents as “our road.” Traversing the center of the community, Preston Road will have a variety of land uses and will have a varying context. In the southern portion of Prosper, Preston Road will accommodate higher degrees of traffic, particularly as it traverses the Town Center. Retail, office and some medium density residential will be located along Preston Road on the southern end of the Town, gradually becoming more residential in nature as it moves north. Small scale office and retail may be located in certain areas along Preston Road and these should be the types of uses which service adjacent neighborhoods. Big box uses, mid-rise development, and more intense land uses were generally not viewed as favorable as small-scale retail and office uses. Residents identified an upscale grocery store, such as a Central Market or a Whole Foods, as one of their top priorities along Preston Road. Character The character of Preston Road should be more rural in nature, respecting the small-town character of the community. Large, heavily landscaped setbacks should be prevalent along the roadway helping to differentiate Prosper from Frisco while also providing a natural sense of calm for Prosper residents. Wide setbacks are particularly important as the roadway traverses residential areas generally north of First Street. Areas of retail should be designed to the highest level of quality and architectural characteristics within individual developments should follow a theme consistent with recently completed development. Residents felt that retail areas should be organized in a nodal nature rather than in a strip center fashion in order to prevent the entire roadway frontage from being consumed by retail. Unanchored, stand- alone retail establishments should be discouraged in favor of a nodal shopping center development. Item 7 64 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Maintaining compatibility between the Zoning Map and the Future Land Use Plan Chapter 211 of the Texas Local Government Code states that “zoning regulations must be adopted in accordance with a comprehensive plan.” Consequently, a zoning map and zoning decisions should reflect the Future Land Use Plan to the fullest extent possible. Therefore, approval of development proposals that are inconsistent with the Future Land Use Plan will often result in inconsistency between the Future Land Use Plan and the zoning regulations. At times, the Town will likely encounter development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map. Review of such development proposals should include the following considerations:  Will the proposed change enhance the site and the surrounding area?  Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?  Will the proposed use impact adjacent residential areas in a negative manner?  Will the proposed use be compatible with and/or enhance adjacent residential uses?  Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?  Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?  Would it contribute to the Town’s long- term economic stability? Development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent) should be reviewed based upon the above questions and should be evaluated on their own merit. It should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project. It is important to recognize that proposals not directly consistent with the Plan could reflect higher and better long-term uses than those originally envisioned and shown on the Future Land Use Plan map for a particular area. This may be due to changing markets, demographics and/or economic trends that occur at some point in the future after the Plan is adopted. If such changes occur, and especially if there are demonstrated significant social and/or economic benefits to the Town of Prosper, then these proposals should be approved and the Future Land Use Plan map should be amended accordingly. Item 7 87 Town of Prosper, TX Comprehensive Plan ECONOMIC ANALYSIS Economic Analysis Analysis from Catalyst Acreage Retail Demand Forecast 2011 City Estimate Total Build Out Capacity Population 10,560 69,303 Households 3,504 23,024 2010 Median Disposable Income $67,422 $67,422 2010 Per Capita Income $35,716 $35,716 Total Retail Trade per HH $37,183 $37,183 Household Income $107,641 $107,641 Retail percentage of HH Income 34.54% 34.54% Forecasted Total Retail Trade Potential $130,284,948 $856,013,933 Est. Retail Sales per Square Foot $300 Retail Square Footage Demand* 152,575 2,853,379 Sales Tax Analysis Annual Total $1,103,400 $17,120,278 Allocation General Fund $551,700 $8,560,139 Economic Development $275,850 $4,280,069 Property Tax Reduction $275,850 $4,280,069 *Est. $300 sales per square foot based upon International Council of Shopping Centers An analysis using the projected build-out population of Prosper at 69,303 served as a basis to project a retail purchasing power of $856,013,933, assuming 23,024 households with a $37,183 retail trade per household. This would equate to roughly 2,853,379 square feet of retail space. For assumption purposes, we assumed a Floor to Area Ratio (FAR) of 0.18 for retail. Dividing the total square footage of retail by the FAR and further dividing by 43,560 achieves the estimated retail acres that would be needed to accommodate the 2,853,379 square feet of retail space. This number is 364 acres. An important factor to consider in the planning process is how land use decisions ultimately impact the future financial state of the community. Therefore, Prosper’s Future Land Use Plan not only guides development within the community but it provides the financial framework enabling Prosper to provide high-quality services for its residents. The following section pertains to this very topic and provides estimates on the potential sales tax and ad valorem tax revenue that could be collected by the Town at build-out. In order to provide a detailed analysis, experts at Catalyst Commercial were consulted and provided information on future retail trade potential in Prosper based upon the Future Land Use Plan. Figure 8: Retail Demand Forecast Item 7 88 Comprehensive Plan Town of Prosper ECONOMIC ANALYSIS Future Land Use Plan Acreage Retail Assumptions Comp. Plan Total Acres Retail Acres per Category Neighborhood Services* 331 231.7 Town Center** 575 258.8 Tollway District*** 1,426 142.6 US 380**** 1,248 124.8 Total 3,580 757.9 * Assumed 70% retail component **Assumed 45% retail component ***Assumed 10% retail component ****Assumed 10 % retail component In order to determine whether or not the Future Land Use Plan could accommodate the 364 retail acres projected by the economic analysis, a number of additional assumptions were made. These assumptions were derived from staff discussions, existing zoning regulations and future characteristics believed to define each district and include: 1. Approximately 70% of the Neighborhood Services will be retail in nature. 2. Approximately 45% of the Town Center would be retail in nature. The Town Center will likely have a mixture of retail, office, residential and public space. The primary use, however, will likely be oriented around retail. 3. 10% of the Tollway District will be retail. Office uses will constitute the largest majority of land within the Tollway District. Retail areas within the Town Center will likely be at major intersections and on the first floor of vertical mixed-use apartments/lofts. 4. 10% of the Highway 380 district will be retail. Commercial uses and residential uses will constitute a significant portion of the corridor. Retail areas at major intersections, including big- box retailers, will constitute the majority of retail establishments within the corridor. Given these assumptions, a total of 757 retail acres is expected, based upon the Future Land Use Plan scenario and the above assumptions. Additionally, the presence of visible and attractive corridors in Prosper suggests the Town will be able to attract patrons from outside of the Town itself. Our preliminary analysis indicates that, based on current spending trends experienced today, the Future Land Use Plan contains more than sufficient retail space to meet the future needs of Prosper. Item 7 89 Town of Prosper, TX Comprehensive Plan ECONOMIC ANALYSIS Analysis Retail Sales Tax While 364 acres of retail is recommended by the economic analysis, a number of different factors may affect long-term retail needs in Prosper and include the following: • A potential build-out population higher than the current estimate of69,303. The 2004 Comprehensive Plan and recent impact fee reports all estimate a buildout population of over89,000 residents. Assuming a population of 82,000 residents, Prosper could accommodate approximately 430 acres of retail. • Prosper will have a regional retail center in the Town Center. This area of the community will have a regional draw and will attract retail patrons from outside of Prosper. Additional retail acreage, therefore, can be accommodated due to the regional nature of such retail. • Within retail areas, other uses such as churches, public facilities, schools and other non-retail uses may occur. Due to the above factors, it is believed that the Town could potentially accommodate the 757 retail acres depicted in the chart on page 98. As the Town grows, and as further comprehensive plan studies are completed, this number should be carefully examined and adjusted, if necessary. Based upon the assumptions from page 97, 750 acres of retail would essentially double the initial 364 acre estimates from a 17.1 million total sales tax contribution to approximately $34 million in sales tax revenue ($17.1 million to the general fund, $8.6 million to Economic Development and $8.6 million to property tax reduction). This sales tax revenue, when combined with estimated Ad Valorem Tax revenue, would enable Prosper to be financially secure and provide high level services and/or property tax reductions to its citizens. It is also recommended that additional neighborhood service retail zoning beyond what is recommended on the Future Land Use Plan should be avoided. The 750 acres recommended by this economic analysis should be sufficient to meet Prosper’s retail needs. Additional neighborhood services retail zoning should be avoided. Nodal retail activity should be concentrated at primary intersections, and the “four corner” principle should be avoided to reduce the possibility of an oversupply of retail acreage. Strip center development along major roadways should also be avoided, as the plan recommends. The consequences of an oversupply of retail may include: • Vacant, underutilized land; • Lower rental rates leading to undesirable uses; • Pressures for additional multifamily to fill vacant parcels; and • Blighted corridors. Based upon an extremely conservative allocation of retail acres, the Future Land Use Plan may accommodate approximately 750 retail acres. This is significantly higher than the 364 retail acres recommended by the economic analysis. Item 7 90 Comprehensive Plan Town of Prosper ECONOMIC ANALYSIS Ad Valorem Tax An Ad Valorem analysis was conducted. Comparative properties were selected in each of the following Future Land Use Plan categories. Based upon the data collected from the Collin and Denton County Appraisal Districts, an average value per acre was assessed on the comparative properties to derive an estimated value per acre per land use category. The derived value per acre was then multiplied by the total number of acres within each district to calculate the total gross value of the district. Using the current tax rate of .52 cents per $100 of assessed value, an approximate gross Ad Valorem tax contribution per district was calculated. In order to account for right-of-way, such as public streets, and tax exemptions, such as schools and churches, 30% of the total value was subtracted to derive the estimated value and Ad Valorem amount that could be contributed to the General Fund annually. It is important to note that this analysis is for estimation purposes only and is based upon assessed values in 2011 dollars. The purpose of this analysis is to determine the approximate Ad Valorem contributions that could be generated based upon the Future Land Use Plan. District Taxable Value Value per Acre Tax Revenue (.52) Dallas North Tollway $2,790,756,612 $1,957,052 $14,511,934 Highway 380 $1,321,585,597 $1,058,963 $6,872,245 Town Center $2,465,780,302 $4,288,314 $12,822,057 Business Park $247,358,925 $666,736 $1,286,266 Neighborhood Services $478,977,403 $1,447,062 $2,490,682 Old Town $140,457,586 $407,123 $730,379 High Density $564,358,076 $928,221 $2,934,661 Medium Density $7,015,502,244 $1,223,919 $36,480,611 Low Density $3,136,282,464 $567,550 $16,308,668 Gross Ad Valorem Total Value $18,161,059,208 - $94,437,507 Total Ad Valorem Value (30% ROW & Exemption) $12,712,741,445 - $66,106,255 Figure 9 : Ad Valorem Estimates Item 7 91 Town of Prosper, TX Comprehensive Plan ECONOMIC ANALYSIS Tax Gap Total Town Ad Valorem Income at Build-out $66,106,255 Total Sales Tax Income at Build-out $17,120,278 Total Income from Tax at Build-out $83,590,594 Total Expenditures $52,323,765 Tax Gap Surplus* 31,266,829 In order to determine whether or not the sales and Ad Valorem taxes generated by the Future Land Use Plan will be sufficient to cover the overall expenses incurred by the community at build-out, an approximate General Fund budget was calculated based upon the average per capita expenditures at today’s spending levels. The Fiscal Year 2010-11 budget indicates that the Town of Prosper had a General Fund budget of $7,115,112. When this number is divided by the 2010 population of 9,423, an average per capita expenditure of $755 per person is derived. This per capita expenditure by Prosper is comparable with other regional communities. Southlake has the highest per capital expenditure among the comparative group primarily due to its high residential property values, high-quality non-residential uses and its regional Town Center drawing patrons from outside the community. This situation enables Southlake to provide higher level services and enhanced aesthetics to its residents. The similarities between the economics and vision between Prosper and Southlake are similar in nature. 2010 Population FY 2010-2011 General Fund Budget Per Capita Expenditure Southlake 26,575 $30,410,480 $1,144 Richardson 99,223 $94,180,002 $949 Allen 84,246 $72,270,464 $858 Prosper 9,423 $7,115,112 $755 Argyle 3,282 $2,320,366 $707 Plano 258,841 $182,758,485 $706 McKinney 131,117 $90,788,018 $692 Frisco 116,989 $77,945,250 $666 Celina 6,028 $3,945,684 $655 Desoto 49,047 $29,760,521 $607 Rowlett 56,199 $33,793,677 $601 Little Elm 25,898 $13,157,771 $508 Multiplying the per capita expenditure of $755 per person by the ultimate capacity of 69,303, an ultimate capacity General Fund budget for Prosper of $52,323,765 is derived. Discussed in the previous sections, the approximate Ad Valorem contribution to the General Fund at build-out would be approximately $66.1 million. The approximate sales tax contribution to the general fund based upon the 750 retail acres would be approximately $17.1 million. Based upon this scenario, total General Fund income from taxes at build- out would be approximately $83.5 million. This scenario would position Prosper to be in a similar situation to Southlake and Richardson, enabling the Town to provide high quality services for its residents. It should be noted that additional forms of sales tax, such as Industry Tax and Inventory Tax, are not included and will create additional avenues for income. These numbers are approximate and are derived for estimation purposes only. *This is an estimate based upon the projected sales tax revenue and possible Ad Valorem revenue. This estimate does not include additional forms of sales tax such as Industry Tax and Inventory Tax. Figure 10: Tax Gap Analysis Item 7 92 Comprehensive Plan Town of Prosper ECONOMIC ANALYSIS Economic Analysis Conclusion Forecasted potential sales tax data indicates that Prosper has the potential to derive a significant monetary amount from sales tax receipts at build-out. This is ultimately dependent upon the community attracting high-quality retail establishments that serve residents of the community and provide regional retail destinations that attract patrons from outside of Prosper. The primary regional destinations will be located within the Town Center and at the intersection of the Dallas North Tollway and Highway 380. Additional retail may be located within the Dallas North Tollway and Highway 380 districts, but will likely be less intense in nature. Retail/Neighborhood Service areas away from the major districts will likely serve the internal needs of Prosper, providing less intensive services to adjacent residential neighborhoods. Additional retail/neighborhood services zoning outside of the Dallas North Tollway, Town Center and Highway 380 districts should be carefully considered in order to avoid an oversupply of retail zoning. Flexibility within the Dallas North Tollway, Highway 380 and Town Center districts will enable Town staff to make appropriate, market-based land use decisions as development occurs. An estimate of Ad Valorem taxes at build-out suggests that Prosper will have the potential for a significant Ad Valorem contribution to its General Fund. Prosper’s high-quality neighborhoods and its dedication to providing high-quality retail destinations will be a primary factor in determining the ultimate Ad Valorem value of the community. As development occurs, the community has expressed a desire to attract the highest quality development possible to protect the Town’s visual character and maximize the taxable value for both the General Fund and Prosper ISD. Future non- residential land use decisions should consider the long-term potential contributions of that particular development to the community, favoring clustered nodal retail activity centers, Class A office space (office space defined by high-quality furnishings, state-of-the-art facilities and excellent accessibility) and corporate campuses over strip retail and stand- alone retail establishments. The retail data provided indicates that the Future Land Use Plan created for Prosper provides a significant amount of retail space to meet the future needs of Prosper residents. The Future Land Use Plan also gives Town Staff, Planning & Zoning Commission and Town Council ultimate flexibility to determine where retail areas should be located within the established districts. While the numbers provided are estimates on the potential sales tax and Ad Valorem income of the community at build-out, it is important to note that these are only estimates. To ensure that Prosper has a financially secure future, the land use and character principles outlined in this Plan should be used as a guide to attract the highest quality development possible. High- quality and long-lasting development is ultimately the key in ensuring that Prosper has a sound financial future. Focusing on attracting and maintaining such development will enable Prosper to meet the essential needs of its future residents. Item 7 Page 1 of 1 To: Mayor and Town Council From: Paul Naughton, RLA, Landscape Architect Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 10, 2014 Agenda Item: Consider and act upon the proposed park land dedication within the limits of the conveyance plat of Prosper Road Community Park, Block A, Lot 1 and 2, on 58.1± acres, located on the north side of Prosper Road, 3,000± feet east of Teel Parkway. (D14-0025). Description of Agenda Item: The conveyance plat dedicates land for a community park (Lot 1), land for municipal purposes (Lot 2), and the necessary right-of-way for future Prosper Trail to the Town of Prosper. The 51.427 acres of park land is in conformance with the park land dedication requirements of the preannexation agreement for Planned Development-40 (Windsong Ranch). Attached Documents: 1. Conveyance plat. Legal Obligations and Review: Section 13 of the Town’s Subdivision Ordinance includes requirements for park land dedication. The proposed conveyance of 51.427 acres for a community park complies with the requirements in the Subdivision Ordinance. Parks & Recreation Board Recommendation: At their April 10, 2014 meeting, the Parks & Recreation Board recommended the Town Council approve the proposed conveyance of land for a community park to fulfill the requirements of the preannexation agreement. Town Staff Recommendation: Town staff recommends that the Town Council approve the proposed conveyance of land for a community park, as shown on the conveyance plat of Prosper Road Community Park. Proposed Motion: I move to approve the proposed conveyance of land for a community park, as shown on the conveyance plat of Prosper Road Community Park. Prosper is a place where everyone matters. PARKS & RECREATION Item 8 POINT OF BEGINNING Doc. No. 2004-86307 OPRDCTDoc. No. 2012-59927 OPRDCT 51.427 Acres ( 2,240,163 Sq. Ft.) R.O.W. Dedication to the Town of Prosper in Fee Simple 4.727 Acres ( 205,926 Sq. Ft.) H TRO N ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬&219(<$1&(3/$7¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ PROSPER ROAD COMMUNITY PARK BLOCK A, LOTS 1 AND 2 A. ROBERTS SURVEY ~ ABSTRACT NO. 1115 TOWN OF PROSPER, DENTON COUNTY, TEXAS 58.116 Acres May, 2014 SEI Job No. 13-057 OWNER / APPLICANT TVG TEXAS I, LLC 740 East Campbell Road, Suite 515 Richardson, Texas 75081 Telephone (972) 238-7410 Contact: David Blom LEGEND 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMENT DRAINAGE EASEMENT DRAINAGE AND UTILITY EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT STREET EASEMENT FIRELANE, ACCESS, & UTILITY EASEMENT WASTE WATER EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT BY THIS PLAT RIGHT-OF-WAY MINIMUM FINISH FLOOR ELEVATION BUILDING LINE STREET NAME CHANGE ȭ CENTERLINE BLOCK DESIGNATION FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP NOT TO SCALE DEED RECORDS, DENTON COUNTY, TEXAS PLAT RECORDS, DENTON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett LOCATION MAP 1" = 2000' PROJECT LOCATION Sheet 1 of 2 Item 8 ¶¶ Sheet 2 of 2 ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬&219(<$1&(3/$7¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ PROSPER ROAD COMMUNITY PARK BLOCK A, LOTS 1 AND 2 A. ROBERTS SURVEY ~ ABSTRACT NO. 1115 TOWN OF PROSPER, DENTON COUNTY, TEXAS 58.116 Acres May, 2014 SEI Job No. 13-057 OWNER / APPLICANT TVG TEXAS I, LLC 740 East Campbell Road, Suite 515 Richardson, Texas 75081 Telephone (972) 238-7410 Contact: David Blom ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett Item 8