07.08.2014 Town Council Packet
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Prosper is a place where everyone matters.
5:00 P.M. – EXECUTIVE SESSION
1. Call to Order/Roll Call.
2. 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:
2a. Section 551.087 - To discuss and consider economic development incentives.
2b. 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.
6:00 P.M. – REGULAR MEETING
3. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
4. Announcements of upcoming events.
5. Proclamations.
Presentation of a Proclamation to members of the Town’s Parks and Recreation staff
declaring July 2014 as Parks and Recreation Month.
6. 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.)
6a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – June 24, 2014
6b. 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)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 8, 2014
5:00 p.m.
Page 2 of 3
6c. Consider and act upon approving the Fifth Amendment to the Development and
Financing Agreement between the Town of Prosper and Blue Star Land, L.P.,
183 Land Corp., and Blue Star Allen Land, L.P. (HW)
7. 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.)
PUBLIC HEARINGS:
8. Conduct a Public Hearing, and consider and act upon a request to rezone 33.2± acres,
located on the northeast corner of Preston Road and Prosper Trail, from Single Family-
15 (SF-15) to Planned Development-Retail (PD-R). (Z14-0007). (CC)
9. Conduct a Public Hearing, and consider and act upon a request to rezone 80.7± acres,
located on the southeast corner of Dallas Parkway and Frontier Parkway, from Single
Family-15 (SF-15) to Planned Development-Single Family/Retail (PD-SF/R). (Z14-0006).
(CC)
DEPARTMENT ITEMS:
10. Consider and act upon authorizing the Town Manager to execute a Statement of Work
and related documents between Aclara Technologies LLC, a sole source provider, and
the Town of Prosper, for the upgrade and expansion of the Town's STAR® Fixed
Network automated utility meter reading system. (FJ)
11. 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:
11a. Section 551.087 - To discuss and consider economic development incentives.
11b. 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.
Page 3 of 3
12. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Amendment to the Impact Fee Ordinance
14. 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 July 3, 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
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.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 5:01 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Councilmember Jason Dixon
Council Members Absent:
Mayor Pro-Tem Meigs Miller
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
Baby Raley, Human Resources Director
January Cook, Purchasing Agent
2. 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:
2a. Section 551.087 - To discuss and consider economic development
incentives.
2b. 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.
The Town Council recessed into Executive Session at 5:03 p.m.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 24, 2014
Item 6a
Page 2 of 8
3. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 6:31 p.m. No action was
taken as a result of Executive Session.
4. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Steven Scifers led the invocation. The pledge of allegiance and the pledge to
the Texas flag were recited.
5. Announcements of upcoming events.
Councilmember Korbuly made the following announcements:
Due to the poor weather on Monday, TxDOT and Mario Sinacola have rescheduled
the closure of the Broadway and Preston Road intersection for Wednesday, June 25.
Asphalt crews will begin to resurface the intersection at 8:00 a.m., and the
intersection should reopen by Wednesday afternoon. Crews will begin work on the
asphalt transitions on Preston Road at the Prosper Trail and Frontier Parkway
intersections on Wednesday afternoon as well. Weather permitting, workers are
expected to complete both intersections by Thursday afternoon. Motorists should
anticipate minor delays at these intersections as flaggers direct traffic through the
work zones.
Weather permitting, Preston Road is scheduled to open on July 8. Beginning at 4:00
a.m., crews will begin shifting north-bound traffic to the new pavement. The traffic
shift should last about two hours, and motorists should anticipate slight delays. Traffic
between Prosper Trail and Frontier Parkway will be confined to two lanes until paving
is completed in Celina. South-bound motorists will use the existing single lane until
permanent striping can be completed. Weather permitting, the south-bound lanes are
expected to open by July 14.
Prosper residents are encouraged to complete an online survey to assist the Town in
updating its Parks, Recreation and Open Space Master Plan. The survey includes
questions about resident preferences on park usage, park facilities, and recreational
opportunities. The survey is available on the Town’s website. Please contact Paul
Naughton, Landscape Architect, for more information.
The Town will host an informational meeting on West Nile Virus on Monday, June 30,
at 6:00 p.m. in Municipal Chambers. Residents will learn about the Town’s efforts to
control mosquitoes, as well as practical ways to prevent the spread of the virus.
Contact Trish Eller, Code Compliance Officer, for more information.
Live & Prosper Magazine is hosting “Pride in the Sky” as part of its 2014 Summer
Series. This Independence Day celebration will take place on Thursday, July 3, from
5:00 to 10:00 p.m. at Frontier Park. Activities will include a charity softball game, car
show, music, food, games, and fireworks.
Item 6a
Page 3 of 8
6. Proclamations.
Presentation of a Proclamation to a representative of The Initiative Cheer &
Gymnastics declaring June 27, 2014, as Olympic Day.
Samantha Dickey of The Initiative Cheer & Gymnastics was present to receive the
Proclamation.
7. 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.)
Deputy Mayor Pro-Tem Dugger removed Item 7f from the Consent Agenda.
7a. Consider and act upon minutes from the following Town Council
meeting. (RB)
Regular Meeting – June 10, 2014
7b. Receive the May 2014 Financial Report. (KA)
7c. Consider and act upon authorizing the Town Manager to execute a
Storm Water Management Agreement between Prosper Partners, LP, and
the Town of Prosper, Texas, related to the construction of a detention
pond and pump to serve the Parks at Legacy development. (HW)
7d. Consider and act upon authorizing the Town Manager to execute a
Reservation of Rights and Encroachment on Easement Agreement
between Atmos Energy Corporation and the Town of Prosper, Texas,
related to the dedication of right-of-way for Mahard Parkway. (MR)
7e. Consider and act upon Ordinance No. 14-37 amending the Town’s Future
Land Use Plan. (CA14-0001). (CC)
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Items 7a through 7e on the Consent Agenda. The
motion was approved by a vote of 6-0.
7f. Consider and act upon Ordinance No. 14-38 amending 46.6± acres of
Planned Development-40 (PD-40), located on the northeast corner of Gee
Road and US 380. (Z14-0010). (CC)
Town Attorney Terrence Welch provided an amendment to the proposed motion.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Vogelsang
Seconded the motion to approve an ordinance amending 46.6± acres of Planned
Development-40 (PD-40), located on the northeast corner of Gee Road and US
Highway 380 (Z14-0010) subject to the following:
On Exhibit C to the proposed ordinance, Section 3(j), "Approval Process," shall be
deleted and a new subsection (j) added, to read as follows: "Lighting: On-site parking
Item 6a
Page 4 of 8
lot lighting shall include dimmers"; and a new subsection (k) added: "Screening:
Developer shall maintain three-foot berms for purposes of screening along Gee Road
and Windsong Ranch Parkway, and shall use best efforts to install berms along US
Highway 380."
The motion was approved by a vote of 6-0.
8. 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 –
Irwin “Cap” Parry, 850 Kingsview, Prosper, encouraged the Town Council to limit the
amount of commercial development, noting that the amount of tax revenue from
residential development would be comparable to that of commercial development.
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:
9. Conduct a Public Hearing, and consider and act upon a request to rezone 33.2±
acres, located on the northeast corner of Preston Road and Prosper Trail, from
Single Family-15 (SF-15) to Planned Development-Retail (PD-R). (Z14-0007).
(CC)
Mayor Smith announced that the applicants for Items 9 and 10 have requested that
both items be tabled to the July 8, 2014, Town Council meeting.
Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion to table Item 9 to the July 8, 2014, Town Council meeting. The
motion was approved by a vote of 6-0.
10. Conduct a Public Hearing, and consider and act upon a request to rezone 80.7±
acres, located on the southeast corner of Dallas Parkway and Frontier Parkway,
from Single Family-15 (SF-15) to Planned Development-Single Family/Retail
(PD-SF/R). (Z14-0006). (CC)
Councilmember Korbuly made a motion and Councilmember Davis seconded the
motion to table Item 10 to the July 8, 2014, Town Council meeting. The motion was
approved by a vote of 6-0.
Item 6a
Page 5 of 8
DEPARTMENT ITEMS:
11. Consider and act upon authorizing the Town Manager to enter into contracts
for employee benefits with Blue Cross Blue Shield for group medical insurance,
Delta Dental for group dental insurance, EyeMed for group vision services,
Mutual of Omaha for group and voluntary Life/Accidental Death and
Dismemberment (AD&D)/Short-term Disability (STD)/Long-term Disability (LTD)
insurance, Stanley, Hunt, Dupree & Rhine (SHDR) for section 125, Cafeteria
Plan, Medical Expense Reimbursement Plan (MERP) - Health Reimbursement
Account (HRA) claims administration, Allstate for voluntary work-life benefits,
and Health Plan One Exchange Solutions’ services for retiree exchange
services. (BR)
Baby Raley, Human Resources Director, presented this item before the Town
Council. Ms. Raley reviewed the recommended providers for employee benefits for
the plan year beginning August 1, 2014. Town staff, the Employee Benefits
Committee, and the Council Benefits Subcommittee agreed on the chosen providers.
The Town will also transition from an August 1 – July 31 plan year to a January 1 –
December 31 plan year for employee benefits. To accomplish this, staff has
requested proposals from all providers for the period of August 1, 2014 - December
31, 2015. Ms. Raley reviewed the medical contribution strategy for the Town and the
budget impact for the upcoming plan year.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to authorize the Town Manager to enter into contracts for
employee benefits with Blue Cross Blue Shield for group medical insurance, Delta
Dental for employee group dental insurance, EyeMed for employee group vision
insurance, Mutual of Omaha for employee group Life/AD&D/LTD and voluntary STD
insurance, Allstate for employee group voluntary work-life benefits, SHDR for Section
125, Cafeteria Plan, and MERP-HRA claim administration, and Health Plan One
Exchange Solutions’ services for retiree exchange services. The motion was
approved by a vote of 6-0.
12. Consider and act upon an alternative type of open storage screening for
Warren/Avant Garde Addition, Block A, Lot 1R (The Body Shop), on 2.5± acres,
located on the west side of Business Park Drive, 400± feet south of First Street.
The property is zoned Commercial (C). (D14-0017). (CC)
Chris Copple, Development Services Director, presented this item before the Town
Council. The applicant is proposing to add open storage to an existing metal building,
which is required to be screened from all streets and adjacent properties. Town staff
and the Planning and Zoning Commission recommend approval of an alternative type
of open storage screening, subject to revising the alternative type of open storage
screening along the southern property line to a 6-foot ornamental metal fence. The
applicant, John Rattan, addressed the Town Council, and requested a variance on
the southern property line to install a wrought iron fence with landscaping. The
applicant is leasing the property, so for any variance to be enforceable, a
development agreement would need to be executed with the owner of the property.
The applicant was agreeable to table the item until the July 22, 2014, Town Council
meeting to allow time to negotiate a development agreement with the owner.
Item 6a
Page 6 of 8
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to table Item 12 to the July 22, 2014, Town Council meeting.
The motion was approved by a vote of 6-0.
13. Consider and act upon authorizing the Town Manager to execute Change Order
#1 to JLB Contracting, LLC, related to construction services for the Prosper
Road Improvements Project 2014 - Rhea Mills Pavement Replacement. (FJ)
Public Works Director Frank Jaromin presented this item before the Town Council. In
April of 2014, the Town Council awarded the Prosper Road Improvements Project
2014 – Rhea Mills Pavement Replacement, to JLB Contracting, LLC. To take
advantage of competitive pricing obtained with this bid, Town staff is recommending a
change order to include additional concrete pavement replacement on First Street
(Church Street to Craig Road). Town staff will hold neighborhood meetings for
residents in the First Street and Rhea Mills neighborhoods to inform them of the road
improvements plans on June 25. First Street is scheduled to be completed first, with
Rhea Mills to follow.
After discussion, Councilmember Vogelsang made a motion and Councilmember
Korbuly seconded the motion to authorize the Town Manager to execute Change
Order #1, in the amount of $167,980.75, to JLB Contracting, LLC, related to the
construction services for the Prosper Road Improvement Project 2014 - Rhea Mills
Pavement Replacement. The motion was approved by a vote of 6-0.
14. Consider and act upon authorizing the Town Manager to execute an agreement
between Wier & Associates, Inc., and the Town of Prosper, Texas, related to the
design of the Downtown Enhancements project. (MR)
Matt Richardson, Senior Engineer, presented this item before the Town Council. The
proposed agreement is for design services related to the reconstruction of existing
sidewalks, modification to parking stalls, and construction of new street lighting,
landscaping, and irrigation on Broadway between Coleman Street and Crockett
Street. Construction is expected to be complete in June of 2015. Mr. Richardson
responded to questions from the Town Council on street grade, handicap
accessibility, existing building entryways, and sidewalks. The Town will need to
address underground drainage in the downtown area in the future, which may require
additional construction in the area. Lighting will be installed toward the end of the
project. Town staff was directed to provide a detailed construction plan of the
downtown area prior to the project going to bid, which is anticipated to happen in
September or October of 2014.
Mayor Smith recognized the following individual who requested to speak:
Jack Dixon, 810 Long Valley Court, Prosper, spoke in favor of enhancements in
downtown Prosper, but would like to see the Town Council implement a plan for the
entire downtown area, not just the items included in this proposed project.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to authorize the Town Manager to execute an agreement, in the
amount of $49,500, between Wier & Associates, Inc., and the Town of Prosper,
Item 6a
Page 7 of 8
Texas, related to the design of the Downtown Enhancements project. The motion
was approved by a vote of 5-1.
15. 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:
15a. Section 551.087 - To discuss and consider economic development incentives.
15b. 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.
The Executive Session was not held.
16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
Presentation regarding budgeting process
Town Manager Harlan Jefferson updated the Town Council on budget
preparations for the 2014-2015 fiscal year.
Board and Commission appointment process
Town Secretary Robyn Battle provided an overview and timeline for the upcoming
Board and Commission appointment process.
SH 289 monument signage
Hulon Webb, Executive Director of Development and Community Services,
informed the Town Council that the request for monument signs along Preston
Road had been denied by TxDOT. Town Manager Harlan Jefferson reiterated
that TxDOT has consistently denied the placement of hardscape in medians, due
to liability concerns. Mr. Webb also provided an update on TxDOT’s landscape
plan for the Preston Road medians, which differs slightly from the Town’s
standards.
18. Adjourn.
The meeting was adjourned at 7:50 p.m., on Tuesday, June 24, 2014.
Item 6a
Page 8 of 8
These minutes approved on the 8th day of July, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 6a
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 8, 2014
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their July 1, 2014 meeting. Per the Town’s Zoning Ordinance, the Town Council
has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to
the Development Services Department for any site plan or preliminary site plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1. Preliminary site plan for Prosper Plaza, Block A, Lots 1, 3-4, 6-8, & 10.
2. Site plan for Prosper Plaza, Block, A, Lot 3 (Popeye’s).
3. Preliminary site plan for St. Paul’s Episcopal Church.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 6b
REVISED PRELIMINARY SITE PLANVICINITY MAPNTSSITEOWNER / APPLICANT (LOTS 1-4, 6-8, 10):QUAIL LANDING PHASE I, LPP.O. BOX 541208DALLAS, TEXAS 75354-1208214-902-2287 PH214-902-9003 FAXADAM SUMRALLENGINEER:RKM & ASSOCIATES, INC.1700 ALMA DRIVE, SUITE 227PLANO, TEXAS 75075(469) 361-1416 PH(469) 361-2485 FAXROBERT K. MANAOIS, P.E.SURVEYOR:SURVEY CONSULTANTS, INC.903 N. BOWSER RD., SUITE 240RICHARDSON, TEXAS 75081(972) 424-7002 PH(972) 633-1702 FAXDOUGLAS S. LOOMIS, R.P.L.S.SITE PLAN NOTES:PROSPER PLAZATOWN OF PROSPER, TEXASPROSPER PLAZA - PROSPER, TEXAS - RKM PROJECT NO. 1048-001fax (469) 361-2485phone (469) 361-1416RKM & Associates, Inc.1700 Alma Drive, Suite 227Plano, Texas 75075&RS\ULJKW)LUP1R)Item 6b
PRELIMINARY SITE PLAN
PROSPER PLAZA
TOWN OF PROSPER, TEXAS
PROSPER PLAZA - PROSPER, TEXAS - RKM PROJECT NO. 1048-001fax (469) 361-2485
phone (469) 361-1416
RKM & Associates, Inc.
1700 Alma Drive, Suite 227
Plano, Texas 75075
&RS\ULJKW)LUP1R)
SITE PLAN NOTES:
OWNER / APPLICANT (LOTS 1-4, 6-8, 10):
QUAIL LANDING PHASE I, LP
P.O. BOX 541208
DALLAS, TEXAS 75354-1208
214-902-2287 PH
214-902-9003 FAX
ADAM SUMRALL
ENGINEER:
RKM & ASSOCIATES, INC.
1700 ALMA DRIVE, SUITE 227
PLANO, TEXAS 75075
(469) 361-1416 PH
(469) 361-2485 FAX
ROBERT K. MANAOIS, P.E.
SURVEYOR:
SURVEY CONSULTANTS, INC.
903 N. BOWSER RD., SUITE 240
RICHARDSON, TEXAS 75081
(972) 424-7002 PH
(972) 633-1702 FAX
DOUGLAS S. LOOMIS, R.P.L.S.
Item 6b
PROPOSED
BUILDING
PROPOSED DRIVE THRUPROPOSED BY PASS LANEEXIST. 24' FIRELANE,
ACCESS, UTILITY,
& DRAINAGE EASEMENT
PROP. 30'
LANDSCAPE
SETBACKPROPOSED PARKING LOT4'32'10'
11'
9'
3'
30'6'
9'17'20'7'9'TYP.9'TYP.
10'
20'34'5'26'
26'
24'
7'54'8'45'
7'
9'
TYP.EXIST. BUILDING(FIRESTONE)FIRE HYDRANT43' FIRE LANE
EXIST. 10' SIDEWALK
EASEMENT
EXIST.
5' UTILITY
EASEMENT
EXIST.
20' WATER LINE
EASEMENT
9'9'
PROP. 5' LANDSCAPE
PROP. 5' BUILDING & LANDSCAPE SETBACK40'
11'19'10'11'10'PROPOSED SIDEWALK
PROP.
RAMP
PROPOSED
9' X 100'
STACKING LANE
18'
3'3'35'31'5'20'3'
3'
30'
EXIST.
MANHOLE
PROP.
DUMPSTER
AREA
EXIST.
POWER
POLE
TEMPORARY
FIRE LANE
TURNAROUND12'EXIST.
I.P. FOUND
EXIST.
I.P. FOUND
24'EXIST.
TRANSFORMER
EXIST.
WATER VALVES 106'
EXIST.
FIRE HYDRANT
PROP.
DRIVE-TRU
MENU
PROPOSED
HEIGHT
CLEARANCE
SIGN
EXIST.
MANHOLE
PROP.
BOLLARD
EXIST.
WATER VALVE
EXIST.
MANHOLE
PROP.
BOLLARD
PROP.
BOLLARD
R
8
'R20'
R
4
0
'R1
0
'19'1
5
'13'PROPOSED PARKING LOT 20'TYP.PROP. 5' BUILDING & LANDSCAPE SETBACKR30'
TY
P
.
DUMPSTER ENCLOSURE
TO BE 8' IN HEIGHT TO MATCH
BUILDING WALL TYPE
R50'
NOTE: HEADLIGHT SCREENING
PLANT MATERIALS, HEIGHT, AND SPACING
TO MEET TOWN STANDARDS.
PROP.
RAISED CURB W/
BRICK PAVERS
R25'PROPOSED GRASS AREA
PROPOSED
CONC. SIDEWALK
PARKING LOT
PROPOSED
PROPOSED FIRE LANE
PROP. LIGHT POLE
PROPOSED HANDICAP
PARKING SPACE
TRAFFIC FLOW ARROW
PROP. FIRE HYDRANT
723.7'EXIST. CONTOUR LINES
PROPOSED BUILDING
EXIST. IRON PIN FOUND
SCALE: 1"=15'
WATER METER SCHEDULE
TYPE SIZE SERVICE NO.
IRRIG.
EXIST. DOM.
1.5"
1.0"
1.5"
1.0"
1
2
SANITARY SEWER SERVICES
TYPE SIZE NO.
PVC 6" 1
ZONING
RESTAURANT W/ DRIVE THRU
31,283 Sq.Ft.
2,455 Sq.Ft.
PROPOSED USE:
LOT AREA:
BUILDING AREA:
BUILDING HEIGHT:
LOT COVERAGE:
TOTAL PARKING REQUIRED: (1:100 sf)
TOTAL PARKING PROVIDED:
HANDICAP PARKING REQUIRED:
IMPERVIOUS AREA:
OPEN SPACE REQUIRED:
OPEN SPACE PROVIDED:
25 SPACES
25 SPACES
2 SPACES
2 SPACESHANDICAP PARKING PROVIDED:
7%
7.11%
19'-4"
8.0%
20,584 Sq.Ft.
COMMERCIAL
ENGINEER:
OWNER:
NAME ADDRESS CITY & ZIP PHONE
WESLACO, TX 78596 (956) 514-5086VICTOR HUGO GARCIA, P.E.
SUN HOLDINGS, LLC 3318 FOREST LN DALLAS, TX 75234
(972)620-2287
4019 E. EXPWY 83
*NOTE: DIMENSIONS ARE
FACE OF CURB TO FACE OF CURB.
SITE PLAN
C-1VANGUARD ENGINEERING4019 EXPRESSWAY 83WESLACO, TX, 78596(956) 514-5086SHEET NO.
CLIENT
PROJECT
NUMBER
DATE:POPEYE'S RESTAURANTLOT 3, BLOCK APROSPER PLAZASUBDIVISIONPROSPER, TXJUNE 26, 2014
MCC
ASSOCIATES
ENG.2014.009tbpe firm registration no. f-7481Item 6b
LOCATION MAPNOT TO SCALEST. PAUL'S EPISCOPAL CHURCH7.105 ACRE TRACTBEING A PORTION OF A CALLED 64.679ACRE TRACT OF LANDDESCRIBED IN DEED TOSHADDOCK DEVELOPERS, LTD,RECORDED ININSTRUMENT NO. 20070330000431860BEING PART OF THEHARRISON JAMISON SURVEY,ABSTRACT NO. 480TOWN OF PROSPER, TEXAS14-00301 of 3PreliminarySite PlanSTANDARD LANGUAGEDATE:6/26/14LEGENDItem 6b
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 – July 8, 2014
Agenda Item:
Consider and act upon approving the Fifth Amendment to the Development and Financing
Agreement between the Town of Prosper and Blue Star Land, L.P., 183 Land Corp., and Blue
Star Allen Land, L.P.
Description of Agenda Item:
On March 25, 2008, the Town entered into a Development and Financing Agreement with the
above stated parties in advance of the development of the “Gates of Prosper” project. Since
that time, the Town Council has approved four amendments: the first on April 28, 2011, and the
second on October 11, 2011, extending the agreement six months each time. The third
amendment occurred on June 12, 2012, and extended the agreement to July 9, 2013. The
fourth amendment occurred on July 9, 2013, allowing the parties to renegotiate the
Development and Financing Agreement on or before July 9, 2014, and failing which, the parties
mutually agreed to terminate the Development and Financing Agreement.
With the recent completion of the zoning on the property, Town staff has been meeting with
representatives of Blue Star to update the Development and Financing Agreement. As a result
of these ongoing discussions, it was deemed necessary to extend the deadline for the update of
the Development and Financing Agreement from July 9, 2014, to October 14, 2014. This will
allow adequate time for Town staff and Blue Star to complete negotiations on the update.
Legal Obligations and Review:
Attorney Pete Smith drafted the agreement.
Attached Documents:
1. Fifth Amendment to the Development and Financing Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council consider and approve the Fifth Amendment to
the Development and Financing Agreement between the Town of Prosper and Blue Star Land,
L.P., 183 Land Corp., and Blue Star Allen Land, L.P.
Proposed Motion:
I move to approve the Fifth Amendment to the Development and Financing Agreement between
the Town of Prosper and Blue Star Land, L.P., 183 Land Corp., and Blue Star Allen Land, L.P.
Prosper is a place where everyone matters.
ENGINEERING
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To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 8, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 33.2± acres, located
on the northeast corner of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to
Planned Development-Retail (PD-R). (Z14-0007).
History:
At the June 24, 2014 Town Council meeting, this item was tabled as requested by the applicant.
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 Single Family-15 Single Family
Residential
Retail & Neighborhood
Services
North Single Family-15 Undeveloped Low Density Residential
East Single Family-15 Undeveloped Low Density Residential
South Single Family-15
Single Family
Residential
(Raewood on
Preston)
Low Density Residential
West
PD-31-Office/Single Family
Undeveloped/
Single Family
Residential
(Saddle Creek)
Retail & Neighborhood
Services and
Medium Density Residential
Prosper is a place where everyone matters.
PLANNING
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Requested Zoning – Z14-0007 is a request rezone 33.2± acres, located on the northeast corner
of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to Planned Development-
Retail (PD-R). The PD-R regulations are attached.
The proposed PD-R District allows for the development of a retail shopping center anchored by
a big box retail building as shown on Exhibit D. Town staff has compared the proposed PD-R
standards to the straight Retail (R) zoning district and the standards that significantly vary from
straight R zoning are:
1. Permitted Uses – The PD-R District prohibits several uses from developing on the property that
are permitted by right or by SUP in the straight R zoning district. The prohibited uses include, but
are not limited to; Antenna and/or Antenna Support Structure, Assisted Care or Living Facility,
Athletic Stadium or Field, Minor Automobile Repair, Cemetery or Mausoleum, Outdoor
Commercial Amusement, Adult Day Care Center, Minor Equipment and Machinery Sales or
Rental, Hospital, Mobile Food Vendor, Private Club, Recycling Collection Point, Small Engine
Repair Shop, and Veterinarian Clinic and/or Kennel. The PD-R District only allows for
Restaurants with a Drive-thru or a Drive-in by SUP.
2. Outdoor Sales and Display – The PD-R District allows for the outdoor sale and display of
merchandise in the designated areas as shown on Exhibit D, subject to the conditions listed in
Exhibit C, Section 1.0 (37). 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-R District allows for one Convenience Store with
Gas Pumps on the property, subject to the conditions listed in Exhibit C, Section 2.4. The Town’s
Zoning Ordinance does not allow for a Convenience Store with Gas Pumps at this intersection,
since Prosper Trail is a minor thoroughfare.
4. Building Materials – The PD-R District allows for Architectural Structural Block, under the trade
name “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 building elevations shall substantially conform to Exhibits F1, F2, F3,
and F4. The elevations and roof profiles for future retail or outparcel buildings that are not shown
on Exhibits F1, F2, F3, and F4, shall be required to be approved by the Town Council.
5. Landscape along Preston Road and Prosper Trail – The PD-R District includes specific planting
requirements along Preston Road and Prosper Trail, including berms with a minimum height of 4
feet, 4 inch caliper trees, and an increase in the planting rate of trees and shrubs. These
landscape standards exceed those in the Town’s Zoning Ordinance.
6. Trees in front of the big box building and adjacent retail – The PD-R District requires a minimum 4
inch caliper tree every 100 feet along the sidewalk in front of the big box and adjacent retail on
Lots 1 and 5, as shown on Exhibit D. The Zoning Ordinance requires trees to be planted around
the building, but does not specifically require they be spaced evenly along the front of the
building.
7. Lighting – The PD-R District prohibits light poles from being located within 150 feet of the
residential property line on the south side of Prosper Trail. All site lighting shall be LED and
include dimmers. All light poles on the portion of the property closest to Prosper Trail shall be
shielded.
8. Lot Frontage – The PD-R District allows for lots to have frontage on a public street or a common
public access drive, which shall be dedicated as a public access, fire lane, and utility easement.
The Town’s Subdivision Ordinance requires every lot have frontage onto a public street.
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9. Pad Sites – The PD-R District restricts Lots 3, 4, 6, 7, and 8 (five pad sites) to single tenant
buildings. All other pad sites shall be multi-tenant buildings for office and retail use and be similar
in design to the elevations provided in Exhibit F.
10. Basket Car Corrals – The PD-R District prohibits galvanized pipe basket cart corrals in the
parking area unless otherwise approved by the Town Council.
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Retail and
Neighborhood Services uses for the property. The zoning request conforms to the FLUP.
Thoroughfare Plan – The property has direct access to Preston Road, a six-lane divided
thoroughfare, and Prosper Trail, a future four-lane divided thoroughfare. The zoning exhibit
complies with the Thoroughfare Plan.
Water and Sanitary Sewer Service – Water and sanitary sewer service will have to be extended
to the property either before or with development.
Access – Access to the property is provided from Preston Road and Prosper Trail. Adequate
access is provided to the property.
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 – There is no 100-year floodplain located on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has received 15 public hearing notice reply forms from different property owners; with 14 being
in opposition to the request. Of the 15 public hearing notice reply forms received, 7 were from
property owners within two hundred feet (200’) of the subject property, and all 7 were in
opposition to the request. The property owners in opposition within two hundred feet (200’) of
the subject property represent an area greater than twenty percent (20%) of the surrounding
land area. Therefore, an affirmative vote of three-fourths (3/4) of all members of the Town
Council is required to approve the zoning request per state law.
Attached Documents:
1. Zoning Exhibits A, B, C, D, E, F1, F2, F3, and F4.
2. Zoning map of the surrounding area.
3. Public hearing notice reply forms.
4. Appeal letter from the applicant.
Planning & Zoning Commission Recommendation:
At their June 3, 2014, meeting, the Planning & Zoning Commission recommended the Town
Council deny a request to rezone 33.2± acres, located on the northeast corner of Preston Road
and Prosper Trail, from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), by a
vote of 7-0. At the time the Planning & Zoning Commission denied the zoning request, the
zoning request did not conform to the FLUP. The Town Council approved an amendment to the
FLUP on June 10, 2014.
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Chapter 1, Section 8.4(B) of the Zoning Ordinance states that if a proposal is denied by the
Commission, the request shall not be forwarded to the Town Council unless the applicant
requests an appeal to the Town Council. The applicant has requested an appeal in accordance
with the Zoning Ordinance.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request to rezone 33.2± acres, located
on the northeast corner of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to
Planned Development-Retail (PD-R).
Proposed Motion:
I move to approve the request to rezone 33.2± acres, located on the northeast corner of Preston
Road and Prosper Trail, from Single Family-15 (SF-15) to Planned Development-Retail (PD-R).
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EXHIBIT “B”
The Applicant intends to develop a shopping center anchored by a full service grocery store and will
include 9 fuel pumps and kiosk. The store is currently planned to be approximately 123,000 square feet.
In addition to the grocery store, the plan is to develop approximately 20,000 square feet of
complimentary retail containing restaurants and typical service tenants such as a hair salon, coffee shop,
dry clean “pick-up” station and other retail uses. Also, there are eight (8) planned outparcels which will
contain a combination of national and regional retailers including banks, casual dining restaurants as
well as established quick-service restaurants.
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EXHIBIT C
PLANNED DEVELOPMENT RETAIL
Northeast Corner of Preston Road and Prosper Trail,
“The Shops at Prosper Trail”
Prosper, Texas
July 1, 2014
PLANNED DEVELOPMENT CONDITIONS
I. Statement of Effect: This property shall develop under the regulations of the Retail ( R )
District of the Town’s Zoning Ordinance as it exists or may be amended except as
otherwise set forth herein.
II. Development Plans (Retail District):
1.0 Permitted Uses: Conditional development standards (C) must be met per the
Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses that are permitted
as a Specific Use shall be permitted with the approval of a specific use permit (SUP).
List of permitted Uses:
1. Accessory Building
2. Administrative, Medical or Professional Office
3. Alcohol Beverage Sales (C)
4. Antique Shop
5. Artisan's Workshop
6. Auto Parts Sales, Inside
7. Bank, Savings and Loan, or Credit Union (with drive thru facilities)
8. Beauty Salon/Barber Shop
9. Bed and Breakfast Inn
10. Building Material and Hardware Sales, Major (SUP)
11. Building Material and Hardware Sales, Minor
12. Business Service
13. Caretaker's/Guard Residence
14. Civic /Convention Center
15. College, University, Trade or Private Boarding School
16. Commercial Amusement, Indoor
17. Community Center
18. Convenience Store with Gas Pumps as part of the shopping center
(inclusive of a kiosk or convenience store) limited to one per zoning
district. (see Section 2.4 for conditional development standards)
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19. Day Care Center, Child (C)
20. Dry Cleaning, Minor
21. Farmer's Market
22. Feed Store
23. Furniture, Home Furnishings and Appliance Store
24. Governmental Office
25. Gunsmith
26. Gymnastics/Dance Studio
27. Health/Fitness Center
28. Homebuilder Marketing Center
29. House of Worship
30. Household Appliance Service and Repair
31. Insurance Office
32. Locksmith/Security System Company
33. Massage Therapy, Licensed
34. Municipal Uses Operated by the Town of Prosper
35. Museum/ Art Gallery
36. Nursery, Minor
37. Outdoor sales and display. subject to:
a. Designated Area as shown on Exhibit D
i. Within 25’ of the main building of the big box user
ii. Within 10’ of the fuel canopy and kiosk
b. Sidewalks cannot be blocked
c. Merchandise cannot impair ADA access, block doorways,
driveways or fire lanes
d. Permitted merchandise shall be seasonal merchandise and may
include but is not limited to Christmas trees, flowers,
landscaping materials and outdoor furniture
e. Screening is not required.
38. Park or Playground
39. Pet Day Care as an accessory use (C)
40. Print Shop, Minor
41. Private Recreation Center
42. Private Utility, Other Than Listed
43. Restaurant or Cafeteria
44. Restaurant with a drive thru (SUP)
45. Restaurant , Drive-in (SUP)
46. Retail Stores and Shops
47. Retail/Service Incidental Use
48. School, Private or Parochial
49. School, Public
50. Stealth Antenna, Commercial (C)
51. Temporary Building (C)
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52. Theatre, Neighborhood
53. Utility Distribution/Transmission Facility (SUP)
2.0 Building: Unless otherwise specified below, the building standards in the Zoning
Ordinance, as it exists or may be amended shall apply.
2.1 Elevations: Building Elevations shall substantially conform to the Concept
Elevations provided in Exhibits F1, F2, F3 and F4. If Elevations for future retail or
outparcel buildings are not provided in Exhibits F1 through F4, such additional
site plans, façade elevations, roof profiles and landscape plans shall be required
to be approved by the Town Council.
2.2 Building Materials in addition to the building materials permitted in Chapter 4,
Section 8 of the Zoning Ordinance, as exists or may be amended, such materials
shall also include Architectural Structural Block, under the trade name “Quik
Brick” (a 4” manufactured concrete masonry unit) and cultured stone
(manufactured) individually stacked, as provided in the building elevations
Exhibits F1 through F4 which is a part herein.
2.3 Building Height: Buildings shall be a maximum of two (2) stories, not to exceed
forty feet (40’) in height, excluding unoccupied architectural elements such as
towers, parapets, cornices that may be up to 45 feet in height.
2.4 Convenience Store with Gas Pumps is subject to the following regulations:
a. Convenience Store with Gas Pumps is permitted only within two-hundred
and fifty (250) feet of the right-of-way line of Preston Road;
b. Convenience Store with Gas Pumps is permitted at a maximum of one (1)
location on the property;
c. Canopies shall have pitched roofs and use metal or tile consistent with other
roofing in the shopping center;
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.
2.5 Lighting: No site light poles shall be within 150’ of the residential property line
across from residential property on the south side of Prosper Trail. Such light
poles may be up to 29’ high. All site lighting shall be LED and have dimmers. All
the lights poles on the portion of the property closest to Prosper Trail shall be
shielded.
3.0 Landscaping: Unless otherwise specified below, the landscape regulations in the
Town’s Zoning Ordinance, as it exists or may be amended, shall apply.
3.1 Preston Road - Tree plantings shall be provided at minimum rate of one tree of a
minimum four (4) inch Caliper (at the time of planting) per thirty (30) lineal feet
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on Lots 1, 2, 3 and 4. On all other parcels tree plantings shall be provided at
minimum rate of one tree of a minimum four (4) inch Caliper (at the time of
planting) per twenty five (25) lineal feet. Shrub plantings shall be provided at a
minimum rate of 22.5 shrub plantings per thirty (30) lineal feet which shall be a
minimum of five (5) gallon shrubs (at the time of planting). A berm of a minimum
height of four (4) feet shall be provided within the landscape buffer along
Preston Road. Trees may be grouped or clustered together to provide additional
screening as an alternative to planting all at a specific distance between trees.
3.2 Prosper Trail. - Tree plantings shall be provided at a minimum rate of one tree of
a minimum four (4) inch Caliper per twenty (20) linear feet. Shrub plantings shall
be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear
feet. A berm of a minimum height of four (4) feet shall be provided within the
landscape buffer along Prosper Trail. Along the top of the berm, native grasses
shall be planted pursuant to a plan that provides additional screening from the
Prosper Trail right of way. Trees may be grouped or clustered together to
provide additional screening as an alternative to planting all at a specific distance
between trees.
3.3 Additional Landscaping The sidewalk in front of the big box on Lot 1 and the
retail on Lot 5 shall have 1 tree planted for each 100 lineal feet. The trees shall
be a minimum of 4” caliper and may be placed in planters.
4.0 Lot Frontage: Lots shall have a frontage onto a public street or a common public
access drive. The common public access drive shall be dedicated as a public
access, fire lane and utility easement.
5.0 Pad sites: The Development shall have a limit on single use parcels exclusive of
Lots 1 and 2 pursuant to Exhibit D. Only Lots 3, 4, 6, 7 and 8 may be used for
single-tenant buildings. All other Lots shall have retail buildings designed and
built as multi-tenant buildings for office and retail use which will have materials
and architectural designs consistent with the Preliminary Concept Designs as
provided in Exhibit F.
6.0 Basket Cart Corrals: Galvanized pipe basket cart corrals shall not be permitted in
parking field without approval of the Town Council.
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CONSULTING CIVIL ENGINEERS * SURVEYORS
6750 HILLCREST PLAZA DR., STE. 325
DALLAS, TX 75230 (972) 490-7090 FAX (972) 490-7099
EXHIBIT E
PROJECTED DEVELOPMENT SCHEDULE
Shops at Prosper Trail
07/01/14
Kroger will give notice to proceed (NTP) to go out to bid. Weeks from NTP
a. Send bid documents out to bid 1 week
b. Receive Bids 4 week
c. Award Site Work Contract 8 week
d. Complete Pad 20 weeks
e. Provide temporary power and all weather access roads to the Kroger
pad. and staging area 20 weeks
f. Provide fire lanes for Kroger building and Fuel 23 weeks
Station
Items to be completed from Pad delivery weeks
g. Paving complete 10 weeks
h. Provide permanent power 8 weeks
i. Monument/ Pylon signs 12 weeks
Items to be completed prior to the fuel center opening weeks
j. Striping Critical to open Fuel center -3 week
Items to be completed prior to Kroger Grand Opening weeks
k. Kroger Opening 0
l. Landscaping - 8 weeks
m. Striping - 6 weeks
n. NOT -4 weeks
o. Site work 100% punched out - 4 weeks
Item 8
39'-8"T/PARAPET29'-8"T/WALL29'-8"T/WALL28'-0"T/WALLBIKE RACKPRECAST CONCRETE BOLLARD17'-0"T/ROOFst1glmtefcb1st1glssefcb3mtefcb1cb1efcb3efst1cb1glefefcscs41'-8"T/PARAPETcb1ssst1st2pmpmcspmst2st1st2st2st2st1cb1efefsscb3st2cb1DOUBLE SOLDIER COURSEPROPOSEDSIGNAGEPROPOSED SIGNAGEPROPOSED SIGNAGEPROPOSED SIGNAGEPROPOSEDSIGNAGEPROPOSED SIGNAGE+170"+238"+170"+168"+238"+232"+168"+336"+336"+336"+168"+170"0"+4"+234"+234"+234"+234"+234"+234"+234"0"0"0"0"0"+4"+238"+238"+232"+166"+164"+166"0"0"0"+4"+4"ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROMPUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVEZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITEGRADING. SEE PERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4.28'-0"T/WALLst229'-8"T/WALL28'-0"T/WALLefcsst1cb1efst1cb3efcb1efst1pmcb3csmtsspmcb3pmst227'-4"T/WALLst2efefDOUBLE SOLDIER COURSETRUCKefcs+4"+4"+4"+4"+4"+4"0"0"0"0"0"HM DOORS PAINTED TOMATCH BUILDING, TYP.st1st2st1st2PRE-FINISHED METAL SCUPPERAND DOWNSPOUT PIPED TOUNDERGROUND STORMDRAINAGE SYSTEM, TYP.26'-0"T/WALLPRE-FINISHED METAL SCUPPERAND DOWNSPOUT PIPED TOUNDERGROUND STORMDRAINAGE SYSTEM, TYP.8' TALL CHAIN LINK FENCE,VINYL COATED IN BLACKcb1st1cb4cb4cb110' TALL CAST BRICK SCREENWALL W/ 4' DEEP TRUCK WELLcscspmcb1ssefst2DOUBLE SOLDIER COURSE10' TALL CAST BRICK SCREENWALL W/ 4' DEEP TRUCK WELLcb1cb1ALL MECHANICAL EQUIPMENT SHALL BE SCREENEDFROM PUBLIC VIEW IN ACCORDANCE WITH THECOMPREHENSIVE ZONING ORDINANCE AND WILLACCOMMODATE FINAL SITE GRADING. SEEPERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4.ALL MECHANICAL EQUIPMENT SHALL BESCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE COMPREHENSIVEZONING ORDINANCE AND WILL ACCOMMODATEFINAL SITE GRADING. SEE PERSPECTIVEVIEWS EXHIBITS F2, F3, AND F4.pmpmHM DOORS PAINTED TOMATCH BUILDING, TYP.TRUCK (SHOWN DASHED)TRUCK (SHOWN DASHED)cb2cb3st1st20"+4"+4"st1st2ef0"+484"+480"+480"+484"+480"0"4"0"4"cb3st2st1st2st1STONELEDGESTONELEDGESTONELEDGE29'-8"T/WALL27'-4"T/WALL28'-0"T/WALLefcsst1efcb3st1efcb1efcb3st1cb3cspmsspmst2st2ADJACENT RETAILDOUBLE SOLDIER COURSEPROPOSED SIGNAGETRUCKTRUCK WELL TO BE SCREENED FROMPROSPER TRAIL - SEE LANDSCAPEDRAWINGS.ALL MECHANICAL EQUIPMENT SHALL BE SCREENEDFROM PUBLIC VIEW IN ACCORDANCE WITH THECOMPREHENSIVE ZONING ORDINANCE AND WILLACCOMMODATE FINAL SITE GRADING. SEEPERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4.cscb1ef+4"+4"+4"+4"+4"0"0"0"0"HM DOORS PAINTED TOMATCH BUILDING, TYP.cb1cb1st1Concrete Stone VeneerTexas Stone Design Inc - Palo Pinto CobblepmMetal CopingBerridge - Sierra TansfClear AnodizedAluminumcsCast StoneSiteworks - NaturalmtExposed MetalPaint to match Charcoal Greycb1cb3Architectural Concrete BlockOldcastle - Quik Brik - Autumn Blend w/ Flash - 4"ssStanding Seam Metal RoofBerridge - Charcoal GreyglGlazingGrey TintefReinforced E.I.F.S.Dryvit - Oyster Shell / Monastery BrownFINISH SCHEDULEmrMortarAmerimix - Light Tanst2Concrete Stone VeneerTexas Stone Design Inc - Granbury CobbleArchitectural Concrete BlockOldcastle - Quik Brik - Timberland w/ Red Flash - 4"cb2Architectural Concrete BlockOldcastle - Quik Brik - Timberland w/ Red Flash - 4" splitcb4Architectural Concrete BlockOldcastle - Quik Brik - Autumn Blend w/ Flash - 4" splitMaterial PercentagesNorthConc. Block59.6%ST2EIFS7.8%West43.6%10.0%South71.2%7.2%East63.1%0.5%Conc. Block - Split Face0.0%0.0%0.0%22.4%Cast Stone2.8%3.8%1.8%1.0%Glazing0.2%12.3%0.0%0.0%ST18.8%11.0%8.6%13.3%6.9%7.5%5.9%4.9%July 1, 2014Prosper, TX513501.10WEST ELEVATIONNORTH ELEVATIONEAST ELEVATIONSOUTH ELEVATIONEXHIBIT F1 - CONCEPT ELEVATIONS•"This Facade Plan is for conceptual purposes only. Allbuilding plans require review and approval from the BuildingInspection Division"•"All mechanical equipment shall be screened from public viewin accordance with the Comprehensive Zoning Ordinance"•"When permitted, exposed utility boxes and conduits shall bepainted to match the building"•"All signage areas and locations are subject to approval bythe Building Inspection Department"•"Windows shall have a maximum exterior visible reflectivity often (10) percent."Facade Plan ChecklistItem 8
METAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE STONE VENEER -GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITEARCHITECTURAL CONCRETEBLOCKCONCRETE ISLANDCAST STONE BANDPREFINISHED METAL STANDINGSEAM ROOF12" 12"CONCRETE STONE VENEER -PALO PINTO COBBLEPROPOSED SIGNAGECONCRETE STONE VENEER -PALO PINTO COBBLEMETAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE STONE VENEER-GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITEARCHITECTURAL CONCRETEBLOCK6" DIAMETER BOLLARD PAINTED WHITECAST STONE BANDPREFINISHED METAL STANDINGSEAM ROOF12" 12"CONCRETE STONE VENEER-PALO PINTO COBBLEPROPOSED SIGNAGEPROPOSED PRICE SIGNAGECONCRETE STONE VENEER-PALO PINTO COBBLEMETAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE STONE VENEER -GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITEARCHITECTURAL CONCRETE BLOCKCAST STONE BANDPREFINISHED METAL STANDINGSEAM ROOF12" 12"CONCRETE STONE VENEER -PALO PINTO COBBLEPROPOSED SIGNAGECONCRETE STONE VENEER -PALO PINTO COBBLEMETAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE MASONRY VENEER -GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITECONCRETE STONE VENEER -PALO PINTO COBBLE6" DIAMETER BOLLARD PAINTED WHITEPRE-CUT BLACK VINYL ADDRESSDECALS IF REQUIREDCONCRETE STONE VENEER -PALO PINTO COBBLEPREFINISHED METAL STANDINGSEAM ROOF12" 12"PROPOSED SIGNAGEPROPOSED PRICE SIGNAGEMaterial PercentagesNorthMetal Roof34.42%Metal Canopy34.93%South34.42%34.93%East48.88%37.28%WestStone-1Cast Stone2.65% 2.65% 0.84%Glass3.44% 3.44% 2.10%48.88%37.28%0.84%0.00%Architectural Concrete BlockStone-24.62% 6.58% 0.00% 2.06%9.47% 11.47% 3.50% 3.50%9.46% 9.46% 8.50% 7.50%July 1, 2014Prosper, TX513501.10WEST ELEVATIONEAST ELEVATIONNORTH ELEVATIONSOUTH ELEVATIONALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONINGORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.•"This Facade Plan is for conceptual purposes only. Allbuilding plans require review and approval from the BuildingInspection Division"•"All mechanical equipment shall be screened from public viewin accordance with the Comprehensive Zoning Ordinance"•"When permitted, exposed utility boxes and conduits shall bepainted to match the building"•"All signage areas and locations are subject to approval bythe Building Inspection Department"•"Windows shall have a maximum exterior visible reflectivity often (10) percent."Facade Plan ChecklistEXHIBIT F2 - CONCEPT FUEL CENTER ELEVATIONSItem 8
July 1, 2014Prosper, TX900514.B1EXHIBIT F3 - CONCEPT ELEVATIONS 3/32" = 1'-0"1LOT 5 - SOUTH ELEVATION 3/32" = 1'-0"2LOT 5 - WEST ELEVATION 3/32" = 1'-0"3LOT 5 - EAST ELEVATION 3/32" = 1'-0"4LOT 5 - NORTH ELEVATIONItem 8
July 1, 2014Prosper, TX900514.B1EXHIBIT F4 - CONCEPT PERSPECTIVESItem 8
PARADAPLD O U B L E B T R L
ST. PETER LN
B R IDGEPORTDRSADDLECREEKDR PACKSADDLE TRL
CLI
PSTONDRCHANDLER CIR
GRAPEVINECTCIRCLE J TRL
NPRESTONRDE PROSPE R T R L
OPD-31
SFPD-31
RPD-46
RPD-55
SFPD-31
SFPD-31
SF-10/15PD-22
SF-15
A
SF-15
SF-15
C SF-15SF-10
SF-12.5
Z14-0007
±0 150 300
Feet
1 inch = 400 feet
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14801 Quorum Drive ♦ Suite 160 ♦ Dallas ♦ TX ♦ 75254 ♦ [972] 980-8806 ♦ FAX [972] 980-8789
June 9, 2014
Mr. Chris Copple
Director of Development Services
Town of Prosper
P.O. Box 307
Prosper, TX 75078
RE: Appeal of Planning & Zoning Commission Vote
33.2 acres
Zoning Case Z14-0007
Dear Mr. Copple;
Pursuant to Town of Prosper ordinances, the applicant in the above referenced zoning case requests an
appeal to the Town Council with regard to the denial of a recommendation to approve a zoning change for a
33.2+/- acre tract at the northeast corner of Prosper Trail and Preston Road, which vote occurred at the
regularly scheduled Planning & Zoning meeting on June 3, 2014.
We request that such appeal be scheduled, noticed and considered at the Town Council meeting scheduled
for June 24, 2014.
Please let me know if there is anything additional you will need for this appeal.
Thank you.
Sincerely,
MQ Realty, LLC
Donald L. Silverman
Managing Partner
Item 8
Page 1 of 4
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 8, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 80.7± acres, located
on the southeast corner of Dallas Parkway and Frontier Parkway, from Single Family-15 (SF-15)
to Planned Development-Single Family/Retail (PD-SF/R). (Z14-0006).
History:
At the June 24, 2014 Town Council meeting, this item was tabled as requested by the applicant.
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 Single Family-15 Undeveloped Medium Density Residential
and Tollway District
North
City of Celina Undeveloped City of Celina
East
Agricultural
Town of Prosper
Community Park
(Frontier Park)
Medium Density Residential
South
Planned Development-8-
Single Family-10 and
Commercial Corridor
Single Family
Residential (Lakes
of Prosper North)
and Undeveloped
Medium Density Residential
and Tollway District
West
Commercial Undeveloped Tollway District
Prosper is a place where everyone matters.
PLANNING
Item 9
Page 2 of 4
Requested Zoning – Z14-0006 is a request rezone 80.7± acres, located on the southeast corner
of Dallas Parkway and Frontier Parkway, from Single Family-15 (SF-15) to Planned
Development-Single Family/Retail (PD-SF/R). The PD-SF/R regulations are attached.
The proposed PD-SF/R District allows for the development of 114 single family residential lots
on 45.6± acres and retail uses on 35.2± acres.
The proposed PD-SF standards that vary from straight SF-12.5 zoning are:
1. Lot Size – The PD allows single family lots within 300 feet of the perimeter of Tract 2 to be
developed in accordance with the SF-10 district standards provided the overall single family
residential density does not exceed 2.5 dwelling units per acre.
2. Fencing – The PD requires fencing adjacent to open space, parks, or floodplain to be
ornamental metal. In addition to complying with the Town’s fence ordinance, the PD requires
all wooden fencing to be cedar, board-on-board with a top rail; for the development to
establish a common stain color; and for fences to be located at least 10 feet behind the front
elevation of the main building. The Town’s fence ordinance does not require the wood
fencing to be board-on-board with a top rail; for the development to establish a common stain
color; or for fences to be located at least 10 feet behind the front elevation of the main
building.
3. Detention Areas – The PD requires all detention areas to be developed as an amenity with
upgrades such as landscaping, trees, trails, benches, etc., and/or as a wet detention pond
(constant water level) with a fountain.
4. Exterior Lighting – The PD requires all homes to provide an exterior lighting package to
illuminate front entrances, landscaping and trees located in the front yard and garages.
These standards exceed those in the Zoning Ordinance.
The proposed PD also allows for approximately 35.2± acres of retail uses at the southeast
corner of Dallas Parkway and Frontier Parkway, as shown on Exhibit A. The PD-R standards
generally conform to straight Retail zoning standards. The PD-R standards allow for hotels and
theaters as added permitted uses by right, and automobile sales, motorcycle sales, and
research and development centers with approval of a Specific Use Permit (SUP). Hotels, office
buildings, and hospitals are allowed to be a maximum height of eight stories, no greater than
100 feet, and all other uses shall have a maximum height of two stories, no greater than 40 feet.
As noted on page 55 of the Comprehensive Plan, which is attached, the character of the
Tollway District should include preferred uses such as office space, retail uses, and business
parks, while uses such as auto sales centers were considered less desired and uncharacteristic
of the Tollway District. Therefore, Town staff does not support the proposed automobile and
motorcycle sales uses.
The proposed Exhibit D attached to the PD request does not include a Conceptual Development
Plan, but instead requires that a Conceptual Development Plan be approved in the future by
Town Council, with a recommendation by the Planning & Zoning Commission. The Conceptual
Development Plan is required prior to the submittal of any development application and is only
required for the general area within which development is proposed to occur, and any plans for
development will be required to meet a list of criteria to ensure conformance with an approved
Conceptual Development Plan.
Item 9
Page 3 of 4
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Medium Density
Residential and Tollway District uses for the property. The FLUP recommends a maximum
density of 2.5 dwelling units per acre and a minimum lot size no less than 12,500 square feet in
areas designated for Medium Density Residential and a diverse mixture of office, retail, and high
density residential uses in the Tollway District.
The proposed PD-SF/R District allows for the development of 114 single family residential lots
on 45.6± acres and retail uses on 35.2± acres. While the rezoning request decreases the
minimum lot size currently allowed in the SF-15 district from 15,000 square feet to a
combination of 12,500 square foot and 10,000 square foot minimum lots, the proposed
maximum density is 2.5 dwelling units per acre, which complies with the recommended density
of the Medium Density Residential district. The property is also located adjacent to the Lakes of
Prosper North, which includes a mixture of 9,000 square foot and 10,000 square foot lots, and
Frontier Park, which includes lighted athletic fields. The applicant is requesting the 10,000
square foot lots to serve as a buffer to these existing conditions. The proposed retail uses
conform to the FLUP, subject to Town staff’s recommendation to delete Automobile
Sales/Leasing, New, with pre-owned sales as an accessory use only, and Motorcycle
Sales/Service from the list of permitted uses.
Thoroughfare Plan – The property has direct access to Dallas Parkway, an unnamed future two-
lane commercial collector, and Frontier Parkway, a future six-lane divided thoroughfare. The
zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water service and sanitary sewer service will have to be
extended to the property either before or with development.
Access – Access to the property is provided from existing Dallas Parkway, existing Frontier
Parkway, and a future unnamed commercial collector. Adequate access is provided to the
property.
Schools – This property is located within the Prosper Independent School District (PISD). Any
future school sites are to be determined at the time of preliminary plat.
Parks – This property is subject to the Town’s park dedication requirements as they exist or may
be amended. Any future park sites and hike and bike trail locations are to be determined at the
time of preliminary plat.
Environmental Considerations – There is no 100-year floodplain located on the property.
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, and E.
2. Zoning map of the surrounding area.
3. Page 55 of the Comprehensive Plan.
Planning & Zoning Commission Recommendation:
At their June 3, 2014, meeting, the Planning & Zoning Commission recommended the Town
Council approve a request to rezone 80.7± acres, located on the southeast corner of Dallas
Item 9
Page 4 of 4
Parkway and Frontier Parkway, from Single Family-15 (SF-15) to Planned Development-Single
Family/Retail (PD-SF/R), by a vote of 6-1, subject to the following conditions:
1. Revising Exhibit C to delete Automobile Sales/Leasing, New, with pre-owned sales as an
accessory use only, and Motorcycle Sales/Service from the list of permitted uses.
2. Revising Exhibit C to limit the Single Family-10 (SF-10) lots to within 300 feet of the southern and
eastern sides of Tract 2, as shown on Exhibit A.
Since the Planning & Zoning Commission the applicant has revised Exhibit C to delete
Automobile Sales/Leasing, New, with pre-owned sales as an accessory use only, and
Motorcycle Sales/Service from the list of permitted uses.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request to rezone 80.7± acres, located
on the southeast corner of Dallas Parkway and Frontier Parkway, from Single Family-15 (SF-15)
to Planned Development-Single Family/Retail (PD-SF/R).
Proposed Motion:
I move to approve the request to rezone 80.7± acres, located on the southeast corner of Dallas
Parkway and Frontier Parkway, from Single Family-15 (SF-15) to Planned Development-Single
Family/Retail (PD-SF/R).
Item 9
CALLED 80.37 ACRES
METTEN REAL ESTATE, L.P.
VOLUME 4234, PAGE 1348
L.R.C.C.T.CALLED 40.5983 ACRESG & L VENTURES-PROSPER IVOLUME 2369, PAGE 239L.R.C.C.T.CALLED 161.4173 ACRES
BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM
VOLUME 2513, PAGE 274
L.R.C.C.T.
CALLED 241.85 ACRES
TOM MOSEY
VOLUME 4363, PAGE 2297
L.R.C.C.T.CALLED 241.85 ACRESTOM MOSEYVOLUME 4363, PAGE 2297L.R.C.C.T.CALLED 29.6736 ACRES
TREJAX, LP
INST. NO. 20121206001558000
O.P.R.C.C.T.CALLED 16.06 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)INST. NO. 20060912001319390O.P.R.C.C.T.CALLED 6.034 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL. 5772, PG. 2404O.P.R.C.C.T.CALLED 5.478 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL. 5786, PG. 4659O.P.R.C.C.T.CALLED 5.368 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL. 5949, PG. 2222O.P.R.C.C.T.CALLED 6.036 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL. 5826, PG. 2101O.P.R.C.C.T.HEADQUARTERS, L.P.INST. NO. 2004-0009777O.P.R.C.C.T.LOT 2, BLOCK ABLOCK A, LOTS 1 & 2, PROSPER SPORTS COMPLEXVOLUME 2012, PAGE 343P.R.C.C.T.FRON T IE R P A R K WA Y
S89°18'17"W 2457.03'
N1°32'32"E
211.14'
∆=2°17'26"
R=5744.58'
L=229.66'
CB=N0°23'48"E
C=229.64'N0°44'55"W884.79'N89°21'20"E 2465.09'S0°09'51"W1323.33'1/2" IRF
C.M.
1/2" IRFC
C.M.
1/2" IRFC
1/2" IRF
C.M.DALLASPARKWAY1/2" IRF
COLLINCOUNTYSCHOOLLANDSURVEY NO. 12, ABSTRACTNO.147F. D. GARYSURVEY,ABSTRACTNO. 361JOHNGAGSDALE SURVEY,ABSTRACT NO. 734P.O.B.COUNTYROAD50CITY OF CELINA
TOWN OF PROSPER
ZONED: A(AGRICULTURAL DISTRICT)CURRENT LAND USE: TOWN PARKFLUP: MEDIUM DENSITY RESIDENTIAL
ZONED: CC
(COMMERCIAL CORRIDOR DISTRICT)
CURRENT LAND USE: AGRICULTURAL
FLUP: TOLLWAY DISTRICTZONED: C(COMMERCIAL DISTRICT)CURRENT LAND USE: AGRICULTURALFLUP: TOLLWAY DISTRICT
ZONED: C-1 (CITY OF CELINA)
(RETAIL DISTRICT)
CURRENT LAND USE: AGRICULTURAL
ZONED: (NOT ZONED) (CITY OF CELINA)
CURRENT LAND USE:
AGRICULTURAL
TRACT 1
PROPOSED ZONING: PD-RETAIL (R)
FLUP: TOLLWAY DISTRICT
CURRENT ZONING: SF-15
(SINGLE FAMILY-15 DISTRICT)
CURRENT LAND USE:
AGRICULTURAL
GROSS AREA
1,532,076.52 sf.
35.17 Ac.
NET AREA
1,165,147.71 sf.
26.75 Ac.
943'
1454'70'60'60'
ROW
150'150'200'150'200'150'
CALLED 44.338 ACRES
CADG PROSPER LAKES NORTH, LLC
SUBDIVISION NAME AS PROPOSED:
"THE LAKES OF PROSPER"
INST. NO. 20120627000772030
O.P.R.C.C.T.
ZONED: SF-10
(SINGLE FAMILY-10 DISTRICT)
IN PD-8
CURRENT LAND USE: AGRICULTURAL
FLUP: MEDIUM DENSITY RESIDENTIALZONED: SF-15CURRENT LAND USE: ROWFLUP: TOLLWAY DISTRICTZONED: SF-15CURRENT LAND USE: ROWFLUP: TOLLWAY DISTRICTZONED: CCCURRENT LAND USE: ROWFLUP: TOLLWAY DISTRICTZONED: CCCURRENT LAND USE: ROWFLUP: TOLLWAY DISTRICTZONED: CCURRENT LAND USE: ROWFLUP: TOLLWAY DISTRICT
1150'CL-CL
TRACT 2
PROPOSED ZONING: PD-SINGLE FAMILY-12.5
(SF-12.5)
POTENTIAL DENSITY: ±2.5 U/Ac.
FLUP: MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING: SF-15
(SINGLE FAMILY-15 DISTRICT)
CURRENT LAND USE:
AGRICULTURAL
GROSS
1,983,481.83 sf
45.55 AC
NET AREA
1,854,383.38 sf
42.57 AC
TOTAL
GROSS AREA
3,515,558.35 sf. (80.71 Ac.)
NET AREA
3,025,841.25 sf (69.46 Ac.)±1327'CL-CL186.7'60.0'ROWMetten Tract
COLLIN COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT #147
MAY, 2014
ENGINEER / SURVEYOR:
Kimley-Horn and Associates
State of Texas Registration No. F-928
5750 Genesis Court, Suite 200
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Frank Abbott, P.E.
ZONING CASE #14-0006
OWNER / APPLICANT:
Metten Real Etate, L.P.
6842 Vineridge Drive
Dallas, Texas 75249
Contact: Christian MettenCOMMERCIALCOLLECTORROADEXHIBIT A
BEING a tract of land situated in the Collin County School Land Survey No. 12, Abstract No. 147, Town of Prosper, Collin County, Texas, and
being all of a called 80.37 acre tract, conveyed to Metten Real Estate, L.P., as evidenced in a Warranty Deed recorded in Volume 4234, Page
1348 of the Land Records of Collin County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said 80.37 acre tract and the northwest corner of a called 6.034 acre tract of land, conveyed to Collin
County, Texas, as evidenced in a Special Warranty Deed recorded in Volume 5772, Page 2404 of the Official Public Records of Collin County,
Texas, same also being the intersection of the centerline of future Dallas North Tollway, with the approximate centerline of Frontier Parkway;
THENCE North 89°21'20" East, along the north line of said 80.37 acre tract and generally along the centerline of said Frontier Parkway, a
distance of 2,665.09 feet to the northeast corner of said 80.37 acre tract;
THENCE South 00°09'51" West, departing said Frontier Parkway, along the east line of said 80.37 acre tract and the west line of Lot 2, Block
A of Block A, Lots 1 & 2, Prosper Sports Complex, an Addition to the Town of Prosper, Texas, according to the Final Plat, thereof recorded in
Volume 2012, Page 343 of the Plat Records of Collin County, Texas, a distance of 1,323.33 feet to the southeast corner of said 80.37 acre
tract, same being the northeast corner of a called 44.338 acre tract, conveyed to CADG Prosper Lakes North, LLC, as evidenced in a Special
Warranty Deed with Vendor's Lien recorded in Instrument No. 20120627000772030 of the Official Public Records of Collin County, Texas;
THENCE South 89°18'17" West, along the south line of said 80.37 acre tract, the north line of said 44.338 acre tract and the north line of a
called 29.6736 acre tract, conveyed to Trejax, LP, as evidenced in Special Warranty Deed recorded in Instrument No. 20121206001558000 of
the Official Public Records of Collin County, Texas, passing at a distance of 2,457.03 feet to a 1/2-inch capped iron rod found for the
southeast corner of aforesaid 6.034 acre tract, same being on the east right of way line of aforesaid Dallas Parkway, future Dallas North
Tollway, continuing for a total distance of 2,643.95 feet to a 1/2-inch iron rod found for the southwest corner of said 80.37 acre tract;
THENCE North 00°45'03" West, along the west line of said 80.37 acre tract, the west line of said 6.034 acre tract and along the centerline of
future Dallas North Tollway, a distance of 1,325.54 feet to the POINT OF BEGINNING and containing 80.706 acres of land, more or less.
Bearings based upon Texas State Plane Coordinate System, NAD 1983, North Central Zone 4202.
GRAPHIC SCALE IN FEET
0100 50 100 200
1"=100' @@ 24X36
north
Michael B. Marx
Registered Professional Land Surveyor No. 5181
Kimley-Horn and Associates, Inc.
12700 Park Central Drive Suite 1800
Dallas, Texas 75251
Ph. 972-770-1300
IPRELIMINARY
THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE
OETATS S
A
XETF
R E G I S TERED
EXHIBIT A
920.0'
ROW-ROW
200.0'
VARIES
FRONTIER PKWY
W. PROSPER TRAILVICINITY MAP
SCALE: 1": 2000'
NOTES:
1. PROPERTY DOES NOT APPEAR TO BE AFFECTED BY THE
100-YEAR FLOOD PLAIN PER FEMA FLOOD INSURANCE RATE
MAP PANELS 48085C0115J AND 48085C0120J JUNE 2, 2009
2. ZONING BOUNDARIES ARE TO CENTERLINES OF EXISTING AND
FUTURE ROADS AS SHOWN. NET ACREAGE SUBTRACTS AREAS
WITHIN SAID ROAD RIGHTS OF WAY.
3. THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT
ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE
ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIMES OF
FINAL PLAT.
DISTANCE TO CR51 ±2660'
DISTANCE TO
LEGACY ±5900'DISTANCE TO W. PROSPERTRAIL ±5180'
Item 9
Exhibit B for Z14-0006
Statement of Intent and Purpose
The purpose of this planned development is to create a mix of retail and single family residential uses
which are consistent with the Town’s comprehensive plan. It is intended to utilize the Town’s base
standards and incorporate some additional uses and criteria which will better position the proposed
development due to the properties proximity to the future Tollway and surrounding uses.
Item 9
Exhibit C for Z14-0006
Planned Development Standards
Tract 1 Retail
A. General Description: The areas identified as Retail will provide the ability to
encourage and to accommodate the development of office and retail service
centers within growth corridors located along the North Dallas Tollway extension .
The property within these areas shall dev elop under the standards for the Retail
District as contained within the Town of Prosper Zoning Ordinance, as it exists or
may be amended, subject to the specific provisions contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail District of
the Town of Prosper Zoning Ordinance, the following use shall be permitted in the retail
areas indicated on Exhibit “D”. Uses followed by an S are only permitted by Specific Use
Permit. Uses followed by a C are permitted subject to the conditional standards in the
Town’s Zoning Ordinance:
1. Hotels - C
2. Theater, Regional
3. Research & Development Center - S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max. FAR
for all other buildings shall be 0.4:1.
D. Building Heights: The permitted height of all buildings within the retail areas of the
Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings, and Hospitals located within the
retail tract shall be eight (8) stories, not greater than one hundred (100) feet. All
other uses shall be limited to two (2) stories, not greater than forty (40) feet.
b. Non-residential buildings located within one hundred fifty feet (150') of a single-
family zoned area shall be limited to a maximum height of two (2) stories.
c. Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas. These
additional setbacks will require one foot (1') of setback, beyond the
aforementioned one hundred fifty feet (150'), for each additional foot of building
height above two (2) stories.
E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot area be
covered by the combined area of the main buildings exceeding 2-stories. Parking
structures and surface parking facilities shall be excluded from the coverage
computations. Lot coverage is limited to forty percent (40%) excluding parking and
parking structures for all structures 2-stories and less.
Tract 2 Single Family Residential
Item 9
A. The property shall be developed in accordance with the Single Family-12.5
District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists or
may be amended, unless identified below.
B. Single Family Lots within 300’ of the perimeter of Tract 2 may be developed in
accordance to Single Family-10 District as long as the overall residential density
does not exceed 2.5 units per acre.
C. Fencing: Privacy fences on single family residential lots shall be located ten (10) feet
behind the front elevation of the main building and shall not exceed eight (8) feet in height
above grade. All fencing located on single family residential lots adjacent to open space,
parks, or floodplain shall consist of ornamental metal (wrought iron or decorative tubular
steel). All wood fencing shall consist of cedar, board on board with a top rail, and comply
with the Town's fencing standards as they exist or may be amended. A common wood
fence stain color shall be established for the development.
D. All required detention areas shall be developed as an amenity with upgrades
such as landscaping, trees, trails, benches, etc., and/or as a wet detention pond
(constant water level) with a fountain.
E. All homes shall provide an exterior lighting package to illuminate front entrances,
landscaping and trees located in the front yard and garages.
Item 9
Exhibit D for Z14-0006
Conceptual Development Plan
Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a
Preliminary Plat, a Conceptual Development Plan shall be submitted, receive a
recommendation from the Planning & Zoning Commission and be approved by the
Prosper Town Council. This Conceptual Development Plan shall only be required for the
general area within which development is to occur. This general area shall be bounded
by thoroughfares, ownership lines, creekways or other physical barriers that define a
geographic boundary that separates the area of interest from other parcels.
Plats and/or site plans submitted for the development of the PD District shall conform to
the data presented and approved on the Conceptual Development Plan. Changes of
detail on these final development plan(s) that differ from the Conceptual Development
Plan may be authorized by the Planning & Zoning Commission, with their approval of the
final development plan(s) and without public hearing, if the proposed changes do not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans
If the Director of Development Services or the Planning & Zoning Commission determines that
the proposed changes(s) violates one (1) or more of the above eight (8) criteria, then a public
hearing shall be held to adequately amend the Conceptual Development Plan that is attached to
the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the
final development plan(s).
Item 9
Exhibit E for Z14-0006
Development Schedule
The development schedule will be influenced by actual market conditions. It is believed the single family
residential development will occur in the next 2 to 3 years and will likely be an extension of the ongoing
residential development to the south. The retail/office development will likely occur once the future
improvements to Frontier Pkwy and the Dallas North Tollway are underway and/or completed.
Item 9
Z14-0006
C A
SF-15
CC
CC
SF-10PD-8
SF-10PD-8
MFPD-35
W FRONTIER PKWY
N DALLAS PKWYDALLAS PKWYCR 50SABINE DR
RUSTIC LN
WATERVIEW DR ACCESS DRKIRKWOOD LNGREENWOOD MEMORIAL DRBEACON HILL DRSAGEBRUSH DR
EVENING SUN DR
COUNTRYSIDE DR
0 250 500 750
Feet
1 inch = 500 feet
Item 9
55 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Dallas North Tollway
Land Use
Unlike Preston Road, regional development pressures will
likely be placed along the Dallas North Tollway. Feedback
received from the public indicated that more intense uses
would be appropriate along the corridor. Types of uses that
scored relatively well included mid-rise office buildings,
mixed-use development and corporate office parks, among
others. Generally speaking, the DNT corridor will contain
land uses that support a more regional context and will likely
include office space, retail uses and business parks. High
density residential is appropriate within the DNT corridor.
Mixed-use lofts/apartments are the preferred style of high
density residential within this district. Images depicting big
box retail, auto sales centers and commercial services, such
as self-storage facilities, scored the lowest along the Dallas
North Tollway.
Character
The character of the Dallas North Tollway will be significantly
more intense than the rest of the Town. The most intense
development will be located in the southern portion of the
corridor, primary around the interchange of the Dallas North
Tollway and Highway 380. Development in the Northeast
corner of this intersection will likely be a continuation of the
Town Center district, much in the same way office uses
surround Legacy Town Center in Plano. Areas on the
Northwest corner of the interchange are currently identified as
mixed-use. A mixture of office, retail and medium to high
density residential will likely develop within this area.
Floodplain on the north side of the Northwest corner will serve
as a buffer between the more intense development and the
low density residential neighborhoods to the north. Intensity
of development should gradually decrease on the north side of
the Dallas North Tollway corridor and backage roads will help
to facilitate the creation of pad sites that may buffer the
Tollway from residential uses.
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 8, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Statement of Work and related
documents between Aclara Technologies LLC, a sole source provider, and the Town of Prosper,
for the upgrade and expansion of the Town's STAR® Fixed Network automated utility meter
reading system.
Description of Agenda Item:
The Town has a STAR® Network Service Agreement in place with Aclara Technologies LLC, to
maintain the Town's automated utility meter reading system. In January 2014, the Town was
informed that due to changes in technology, our system requires upgrades.
The automated utility meter reading system is comprised of three components. The first
component is the Data Collection Unit (DCU). The DCU is a receiver that automatically collects the
water meter readings, and transmits the information to the main server in Town Hall using analog
technology that is provided through Verizon Wireless. Verizon Wireless has upgraded to digital
technology, and will no longer support analog transmission. Therefore, the Town is required to
upgrade equipment. Additionally, the Town currently has 9 DCU’s that are placed throughout the
Town. In order to accommodate future growth in the Windsong Ranch sub-division, the Town
needs to expand the current system by one DCU. The cost to upgrade and expand the DCU
component of the system is $52,500.
The remaining components of the Town's automated utility meter reading system are the host
server and the software required to run/collect data through the Town's financial system for Utility
Billing applications. In order to accommodate the digital technology and future growth, a more
robust server and upgraded software are required. The cost to replace the host server and
upgrade the software is $16,400.
Staff obtained quotes for the host server, considering costs associated with shipping the server to
Aclara Technologies LLC, for software programming. It was determined it would be more cost
effective to purchase the host server directly through Aclara Technologies LLC. The remaining
purchase of equipment and software falls within the definition of a procurement that is available
from only one source (Chapter 252 of the Local Government Code), and is exempt from
competitive bidding requirements. Aclara Technologies LLC is the sole source manufacturer of the
STAR® Fixed Network automated utility meter reading system.
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 10
Page 2 of 2
Budget Impact:
The total cost to upgrade and expand the automated utility meter reading system is $68,900. The
project will be paid for by the current year budget from the following account: 20-5418-50 (IT Fees).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Statement of Work and related
documents as to form and legality.
Attached Documents:
1. Aclara Statement of Work for DCU Upgrade and Expansion
2. Aclara Standard DCU Pricing Schedule for STAR® Fixed Network AMR System
3. Aclara Standard NCC Upgrade Pricing Schedule for STAR® Fixed Network AMR System
4. Aclara Standard Terms and Conditions of Sale for Equipment and Certain Services
5. Aclara Sole Source Letter
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Statement of Work and related documents between Aclara Technologies LLC, a sole source
provider, and the Town of Prosper, for the upgrade and expansion of the Town's STAR® Fixed
Network automated utility meter reading system.
Proposed Motion:
I move to authorize the Town Manager to execute a Statement of Work and related documents
between Aclara Technologies LLC, a sole source provider, and the Town of Prosper, for the
upgrade and expansion of the Town's STAR® Fixed Network automated utility meter reading
system.
Item 10
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Standard Pricing Schedule
STAR® Fixed Network AMR System 6/27/2014
Item Description PN Quantity Each Extended Notes
1 Pole Mount DCU - 2 way Solar Power or AC, Cellular 501-9975CDM 10 3,350.00$ 33,500.00$ (1,2,5)
Services
2 DCU Installation (per DCU) 10 1,000.00$ 10,000.00$ (1,2,3,4)
3 Professional Services Project Management n/a 1 9,000.00$ 9,000.00$ (6)
TOTAL 52,500.00$
Additional Terms:
A.Payment Terms Net 30 Days
B.
C.All Items CPT Destination
Notes
1
2
3
4
5
6
Melissa Dame, Account Manager
Aclara Technologies LLC
440-528-7323
mdame@aclara.com
Confidential for the Town of Prosper, TX
Statement of Work for Professional Services Project Management for the system upgrade of DCU's will need to be executed.
This price does not include installation .on water towers or other custom sites. Pricing and arrangements for non-standard installations will be handled individually.
Add $1,000.00 for 1-day Bucket Truck Rental if needed for access.
Reasonable travel and expenses are included, in the continental United States.
A detailed propagation study and site survey is needed to finalize the quantities and types.
Any conflicting or additional terms and conditions contained in any resulting purchase order are hereby rejected unless agreed to in writing by Aclara.
Actual DCU configurations may be a mixture of various mounting styles.
Price
http://www.aclaratech.com/pages/terms.aspx
General Note: This Proposal/Quotation is based upon the terms and conditions set forth in the Aclara Standard Terms and Conditions of Sales for Equipment and Certain
Services that are available on Aclara's website at:
Prices Firm 60 days from the date of quotation.
10.30.12 V1.0
Attachment 2
NCC Upgrade Pricing Schedule
STAR® Fixed Network AMR System Date:6/27/2014
Item Qty Unit Unit Price
Extended
Price
1 ea -$
1a 1 ea 10,200.00$ 10,200.00$
1b 0 ea -$
1c 0 ea -$
1d 0 ea -$
2 1 ea 2,700.00$ 2,700.00$
3 1 ea 3,500.00$ 3,500.00$
4 0 ea -$
5 0 ea -$
6 0 ea -$
7 0 ea -$
TOTAL 16,400.00$
Additional Terms:
A.Payment Terms Net 30 Days
B.Prices Firm 60 days from the date of quotation.
C.All Items CPT Destination
Project Responsibilities
Aclara
Customer
Notes
1
2
3
4
5
6
7
Date:
Melissa Dame, Account Manager
Aclara Technologies LLC
440-528-7323
mdame@aclara.com
Confidential for Town of Prosper
http://www.aclaratech.com/pages/terms.aspx
Any conflicting or additional terms and conditions contained in any resulting purchase order are hereby rejected unless agreed to in writing by
Aclara.
Services
Product Description
Network Control Computer Hardware (Tier 1) - Rack Mount
CUSTOM: H710 Controller Card and 16GB of RAM
Network Control Computer Hardware (Tier 1) - Tower
Network Control Computer Hardware (Tier 2) - Rack Mount
Network Control Computer Hardware 1
Database Conversion 2
General Note: This Proposal/Quotation is based upon the terms and conditions set forth in the Aclara Standard Terms and
Conditions of Sales for Equipment and Certain Services that are available on Aclara's website at:
NCC Configuration 2
STAR System Installers Training Class (2-day class) 3
STAR System Operators Refresher Class (1-day class) 3,4
Network Control Computer Hardware (Tier 2) - Tower
Acount Import Changes 2, 5
Name & Title:
NCC configuration based on total system size (number of MTUs and number of DCUs). Final NCC configuration will be determined by working in conjunction
with IT staff. Peripherals are not included (keyboard, mouse, monitor).
Please sign
Please print name and title
Customer Acceptance:
Travel is not typically required for an NCC upgrade; however, at the request of a customer, travel can be scoped separately with expenses invoiced as
For Training Classes only, reasonable travel and expenses are included, in the continental United States.
STAR System Operators Training Class includes a 2-hour pre-cut-over WebEx to familiarize the operators with the new system, and 1 day of training
immediately post depoyment.
Changes to the Account Import and/or Billing Script are to our pre-defined standards. Customer is responsible for coordinating these changes with the CIS
vendor and for any applicable charges from CIS vendor for these changes.
Additional days of testing and services support maybe purchased through a change order process if the durations specificed in the upgrade plan are not
sufficient for the customer's activities.
Scheduling of work will be determined once a Purchase Order has been provided.
Billing Script Changes 2, 5
Transfer existing Aclara created NCC schedules and processes to the upgraded NCC server
Provide standard OS and database configuration parameters, or complete OS and database confiugration as applicable
Migrate existing Aclara interface processes to the upgraded server, ensuring drive mappings and file copy processes are included
Provide a secure process for transferring the existing database to Aclara for conversion
Participate in regularly scheduled status meetings
Provide regular status updates and communicate upgrade progress and timeline expectations
Complete installation and configuration of required Aclara software, transferring settings and data from the previous NCC instance as applicable
Applicable to upgrades including new hardware - Complete pre-cut-over testing of upgraded system to ensure DCU connectivity and reception of reads
Perform cut-over of communication to upgraded NCC system
Hold or track manual changes through the NCC front end during the conversion process. Replicate changes in the converted system if tracked. (applies to
changes through the NCC GUI only, not changes made through handhelds or programming records)
Establish securirty groups and/or user logins when upgrading from versions of the NCC without this functionality
Configure firewall / network per the NCC communication requirements
Perform end-to-end testing of the system within an established 2 day window of the upgrade and provide upgrade acceptance
Provide communication to internal customers regarding upgrade impacts and changes
Provide a copy of the existing NCC database through Aclara's encrypted drive transfer process
Complete post-cut-over testing of upgraded system to ensure DCU connectivity, reception of reads, and NCC functionality
12.28.12 V2.0
Attachment 3
Aclara – Prosper, TX May 27, 2014
Aclara’s standard terms and conditions located at http://www.aclaratech.com/pages/terms.aspx.”
Aclara Standard Terms and Conditions of Sale for Equipment and Certain Services
Aclara Standard Terms and Conditions of Sale for Equipment and Certain Services
1. PROPOSAL.
Aclara Technologies LLC ("Seller") agrees to sell and deliver to Buyer the goods ("Equipment") and Services
described on the Proposal to which these Terms and Conditions are attached. The Proposal is expressly
conditioned on Buyer's consent to these terms and conditions. Licensing of any Aclara Software and the
providing of any Maintenance Services shall be performed under separate contract agreements and subject t o
the terms and conditions of such agreements. Buyer may issue one or more purchase orders in response to this
Proposal. Any such issuance shall be deemed an acceptance of these terms and conditions; any different or
additional terms, whether incorporated in Buyer's Purchase Order or otherwise, are hereby specifically rejected.
The Proposal, these terms and conditions, and Buyer's acceptance constitute the "Agreement".
2. PRICE.
As payment for the Equipment and Services, Buyer shall pay the price(s) and wi thin the times as set forth in the
Proposal.
3. SHIPMENTS.
Shipment of the Equipment and performance of the Services shall be in accordance with the schedule set forth,
or referenced, in the Proposal.
4. CHANGES.
Buyer may request, in writing, changes in the scope of the Proposal. Such changes shall be effected only upon
Seller's concurrence with such request. If any such change causes an increase or decrease in the cost of or the
time required for performance hereunder, an equitable adjustment shall be made in the price and/or delivery
schedule.
5. FORCE MAJEURE.
Seller shall not be liable for delays in shipment or delivery of any items sold hereunder, or loss or damage
thereto, when due to acts of God, acts of Buyer, acts of civil or military authorit y, governmental restrictions or
embargoes, war, riot, fires, strikes, flood, epidemics, quarantine, restrictions, default or delay by supplier,
breakdown in manufacturing facilities, machinery or equipment, delays in transportation or difficulties in
obtaining necessary materials, labor or manufacturing facilities due to such causes, or any other cause beyond
Seller's reasonable control.
6. INSPECTIONS.
Any Equipment may, at the option of the Buyer, be subject to inspection by Buyer at its cost at Seller's or
Seller's contract manufacturer's factory in accordance with Seller's normal inspection system during normal
business hours. All inspections by Buyer shall be performed in such manner as not to delay performance by
Seller. Buyer must provide Seller with a minimum of forty-eight (48) hours prior written notice of such
inspections.
7. PACKAGING.
All material and equipment to be furnished by Seller shall be packed, crated, or otherwise suitably protected to
withstand shipment to its destination. Each package, crate, or container shall be marked with the name of the
consignee, shipping destination, and purchase order number. Complete packing lists shall be supplied showing
contents and identity of each package.
8. TITLE, SHIPPING, AND RISK OF LOSS.
CPT Destination – Carriage Paid to Destination as defined in accordance with INCOTERMS 2010. Clear title to
and risk of loss of any Equipment will pass to Buyer upon the loading of the Equipment on the means of
Attachment 4
Aclara – Prosper, TX May 27, 2014
transport of the carrier selected by Seller. Seller shall arrange for carriage on usual terms for Buyer's account
and risk. Seller shall have no responsibility to arrange or pay for insurance against loss, damage or destruction
upon loading of Equipment.
9. WARRANTY.
Seller warrants its products as follows:
A) For Power-Line System Equipment, please refer to Aclara TWACS standard warranties.
B) For Radio Frequency Equipment, please refer to Aclara STAR standard warranties.
C) For Software products, please refer to Aclara Software standard warranties.
D) For Services, please refer to Aclara's service standard warranties.
E) For Cellular Base Equipment, please refer to Metrum Cellular by Aclara standard warranties.
10. ASSIGNMENT.
Buyer shall not assign its right, title, or interest herein, or any part thereof, to any person without the prior written
consent of Seller. Such consent shall not be unreasonably withheld.
11. SUCCESSORS AND ASSIGNS.
The Agreement, subject to the provisions hereof, shall inure to the benefit of and be binding upon the respective
successors and assigns of the parties hereto.
12. PROPRIETARY DATA (SELLER).
Certain information which Seller may deliver to Buyer in connection with Seller's performance hereunder,
including without limitation all Equipment specifications and drawings and operating manuals, is proprietary to
Seller and will be clearly marked as confidential or proprietary by Seller (hereinafter "Seller Proprietary Data").
Buyer agrees to keep such Seller Proprietary Data confidential, to use it only in connection with Buyer's use or
operation of the equipment or hardware, and not to sell, transfer, disclose, or otherwise make available any of
such data to others. Buyer may disclose or otherwise make available such Seller Proprietary Data, with Seller's
consent, to a third party with whom Buyer contracts for work necessary to the performance of the Agreement,
provided that said third party agrees to be bound by the limitations on use and disclosure contained
herein.Buyer shall be liable for any breach of the terms of this Section 12 by such third party. Notwithstanding
the foregoing, Seller Proprietary Data shall not include material which: (i) at the time of disclosure is in the
public domain or which, after disclosure, becomes part of the public domain by publication or otherwise; or (ii) is
information which Buyer can show was in its possession at the time of disclosure and was not acquired directly
or indirectly from Seller; or (iii) is information which was received by Buyer from a third entity having legal right
to transmit the same.
13. PROPRIETARY DATA (BUYER).
A. All information of Buyer that Buyer considers proprietary and furnishes to Seller in connection with Seller's
performance hereunder will be clearly marked as proprietary by Buyer (hereinafter "Buyer Proprietary Data").
Buyer information not so marked shall not be considered to be pro prietary to Buyer. Buyer hereby grants to
Seller authority to use Buyer Proprietary Data only for the purposes of this Agreement. Seller agrees to keep
such Buyer Proprietary Data confidential, to use it only for work necessary to the performance of the
Agreement, and not to sell, transfer, disclose, or otherwise make available any of such data to others. Seller
may disclose or otherwise make available such Buyer Proprietary Data, with Buyer's consent, to a third party
with whom Seller contracts for work necessary to the performance of this Agreement, provided that said third
party agrees to be bound by the limitations on use and disclosure contained herein.
B. Notwithstanding the foregoing, Buyer Proprietary Data shall not include material which: (i) at th e time of
disclosure is in the public domain or which, after disclosure, becomes part of the public domain by publication or
otherwise; or (ii) is information which Seller can show was in its possession at the time of disclosure and was
not acquired directly or indirectly from Buyer; or (iii) is information which was received by Seller from a third
entity having legal right to transmit the same. All information pertaining to supply/usage/load profiles shall be
Attachment 4
Aclara – Prosper, TX May 27, 2014
recognized by Seller as proprietary information.
14. TERMINATION FOR CAUSE.
A. Buyer may terminate this Agreement upon delivery to Seller of a written notice of termination. Such notice of
termination shall be given to Seller at least ten (10) days prior to the effective date of such termination. Suc h
notice of termination may be given for any one of the following reasons: 1) If Seller shall become insolvent,
commit any act of bankruptcy, make a general assignment for the benefit of creditors, or becomes the subject of
any proceeding commenced under any statute or law for the relief of debtors; or 2) if a receiver, trustee or
liquidator of any property or income of Seller is appointed; or 3) if Seller: a. defaults in any material manner in
the performance of Seller's obligations under any of the terms, provisions, conditions or covenants contained in
this Agreement and b. further fails within thirty (30) days (or as otherwise mutually agreed) after written notice
thereof from Buyer to take reasonable steps to remedy such default. Buyer shall be permitted to pursue any and
all rights and remedies available hereunder or at law or in equity without terminating this Agreement for cause.
In the event of termination for cause by Buyer, Seller shall be paid only the portion of the compensation related
to Work performed prior to the effective date of termination. Seller shall also be subject to any claim Buyer may
have against Seller under other provisions of this Agreement, or as a matter of law.
Seller may also terminate this Agreement upon delivery to Buyer o f a written notice of termination. Such notice
of termination shall be given to Buyer at least ten (10) days prior to the effective date of such termination. Such
notice of termination may be given for any one of the following reasons: 1) If Buyer shall be come insolvent,
commit any act of bankruptcy, make a general assignment for the benefit of creditors, or becomes the subject of
any proceeding commenced under any statute or law for the relief of debtors; or 2) if a receiver, trustee or
liquidator of any property or income of Buyer is appointed; or 3) if Buyer: a. defaults in any material manner in
the performance of Buyer's obligations under any of the terms, provisions, conditions or covenants contained in
this Agreement and b. further fails within thirty (30) days (or as otherwise mutually agreed) after written notice
thereof from Seller to take reasonable steps to remedy such default.
Buyer shall also be subject to any claim Seller may have against Buyer under other provisions of this
Agreement, or as a matter of law.
15. TERMINATION FOR CONVENIENCE.
Buyer reserves the right, at any time, to terminate this Agreement, or any portion of the Work, for its sole
convenience. Any such termination shall be effected by delivery of a written notice of termination to Seller
specifying the extent to which the Agreement and related Work have been terminated and the date upon which
the termination shall be effective. The date of the effective date of termination shall be no earlier than 30 days
from the receipt of the notice of termination by Seller. Upon receipt of such notice, Seller shall in good faith and
using all commercially reasonable efforts, stop all work hereunder, and shall promptly take steps to cancel
existing orders, contracts and subcontracts relating to the Purchase Order.
In the event of such termination, Seller shall be entitled to receive: 1) the contract price due Seller for the Work
performed, the Equipment delivered, the Software licensed and the Services performed; 2) the contract price for
Equipment manufactured but not delivered prior to the effective date of termination if Buyer desires to purchase
such Equipment; 3) all costs reasonably incurred by Seller prior to the effective date of termination including,
but not limited to, labor, materials and overhead not covered under 1) or 2), above; 4) the reasonable cost of
termination reasonably incurred by Seller in accordance with Buyer's termination notice which costs shall
include the reasonable cost incurred by Seller in preparing any termination settlement proposal; and 5) Fifteen
percent (15%) of the amounts payable under 3) and 4), above.
No costs incurred after the effective date of the notice of termination shall be treated as a reimbursable cost
unless it relates to performing the portion of the work not terminated, or taking measures reasonably required to
comply with Buyer's notice of termination in a prudent and business-like manner.
16. NON-DISCRIMINATION.
During the performance of this Agreement, the Seller agrees as follows: Seller will comply with all applicable
Attachment 4
Aclara – Prosper, TX May 27, 2014
provisions of and, if required, furnish all information and reports required by Section 503 of the Rehabilitation
act of 1973, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212), as
amended, the Americans with Disabilities Act (ADA) including the ADA Amendments Act , the Federal
Executive Order No. 11246, as amended, the regulations at 41 CFR part 60, "Office of the Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor, " and of the rules, regulations,
and relevant orders of the Secretary of Labor. Such acts, amendments, rules, regulations and orders are
incorporated herein by reference.
17. INDEPENDENT CONTRACTOR.
Seller agrees to perform the work in connection with this Agreement as an Independent Contractor and not as a
subcontractor, agent or employee of Buyer, its parent, subsidiaries or affiliates, or their respective officers,
directors, agents or employees.
18. INDEMNIFICATION.
For the purpose of this Article 18 only, "Buyer Parties" shall mean Buyer, its directors, officers, agents and
employees, contractors and subcontractors (other than Seller), assignees, subsidiaries and affiliates, and each
of them; "Seller Parties" shall mean Seller, its directors, officers, agents and employees, contractors and
subcontractors at any tier, and the subcontractor's directors, officers, agents and employees, and each of them;
and "Claims" shall mean claims, demands, suits or causes of action. The Parties obli gations under this Article
18 shall not be limited to their respective insurance coverage.
General Indemnity. 1) Seller shall indemnify Buyer Parties for any and all loss or liability, including the costs of
settlements, judgments, damages and direct expense including reasonable attorney's fees, costs and expenses
arising from Claims, whether based on statute or regulation or on theories of contract, tort, strict liability, or
otherwise, which are brought against one or more Buyer Parties by or on behalf of persons other than Buyer
Parties involving injuries or damages to persons or property arising from or in any manner relating to negligent
acts or omissions of Seller Parties under this Agreement provided that: a. Buyer promptly notifies Seller in
writing of such claims; b. Buyer fully cooperates with Seller in assisting in the defense or settlement of such
claims; and c. Seller has the sole right to conduct the defense of such claim or to settle such claim. Seller shall
defend at its own expense, with counsel of its choosing, but reasonably acceptable to Buyer, any suit or action
brought against Buyer Parties based upon such Claims. Further, provided that Buyer promptly notifies Seller in
writing of any alleged violations described below, Seller shall also indemnify Buyer Parties for any and all loss
or liability for fines, fees or penalties for violations of any statutes, regulations, rules, ordinances, codes or
standards applicable to the Work arising from or relating to acts or omissions of Seller Parties . Seller's
obligations under this Article 18.A.1) shall be reduced to the extent of the negligence, gross negligence or willful
misconduct of Buyer Parties. 2) Subject to Texas State Law, Buyer shall indemnify Seller Parties for any and all
loss or liability, including the costs of settlements, judgments, damages and direct expense including
reasonable attorney's fees, costs and expenses from Claims, at law or in equity, whether based on statute or
regulation or on theories of contract, tort, strict liability, or otherwise, which are brought by or on behalf of
persons other than Seller Parties for injuries or damages to persons or property arising from or in any manner
relating to acts or omissions of Buyer Parties under this Agreement provided that: a. Sell er promptly notifies
Buyer in writing of such claims; b. Seller fully cooperates with Buyer in assisting in the defense or settlement of
such claims; and c. Buyer has the sole right to conduct the defense of such claim or to settle such claim. Buyer
shall defend at its own expense, with counsel of its choosing, but reasonably acceptable to Seller, any suit or
action brought against Seller Parties based upon such Claims. Further, provided that Seller promptly notifies
Buyer in writing of any alleged violations described below and subject to Texas State Law, Buyer shall also
indemnify Seller Parties for any and all loss or liability for fines, fees or penalties for violations of any statutes,
regulations, rules, ordinances, codes or standards applicable to the Work arising from or relating to acts or
omissions of Buyer Parties. Buyer's obligations under this Article 18.A.2) shall be reduced to the extent of the
negligence, gross negligence or willful misconduct of Seller Parties.
Attachment 4
Aclara – Prosper, TX May 27, 2014
Intellectual Property Indemnity. Seller shall defend, indemnify, save and hold harmless Buyer from and against
any claims, losses, damages, fees, costs and expenses incurred by Buyer arising out of or in connection with a
third party's claim of infringement or alleged infringement of an y United States patent, copyright, trademark,
trade or business secret, service mark or any other proprietary right based solely on the use or design of any
Equipment sold or the Aclara Licensed Software licensed hereunder and used by Buyer strictly in acc ordance
with the terms of this Agreement provided that 1) in the case of Aclara Licensed Software, it is the latest
released version of the Aclara Licensed Software; 2) Buyer promptly, and in any event, within ten (10) days of
becoming aware of the claim, notifies Aclara in writing of such claims; 3) Buyer fully cooperates with Seller in
assisting in the defense or settlement of such claims and 4) Seller has the sole right to conduct the defense of
such claim or to settle such claim.
In addition, in the event any such Equipment sold or Aclara Licensed Software licensed hereunder are held in
such suit to be infringing or misappropriating or their use by Buyer is enjoined or limited in any manner, or Seller
believes that such holding or enjoining is likely, Seller shall at its expense: 1) procure for Buyer the right to
continue use of such Equipment or Aclara Licensed Software, or 2) replace or modify the same with an
equivalent non-infringing product with functionality substantially similar to the product it is replacing.
Notwithstanding the foregoing, Seller shall not be liable for any claim based on the combination or use of the
Equipment or Aclara Licensed Software with any other equipment or software not supplied or authorized by
Seller, or any claim based on Buyer's possession or use of any altered version of the Equipment or Aclara
Licensed Software unless such alteration has been performed or expressly authorized by Seller.
19. PUBLICITY.
Neither Party shall, without the express written consent of the other Party, disclose any information or make any
news release, advertisement, or public communication regarding this Agreement. Notwithstanding the
foregoing, nothing herein shall prevent either Party from making such public disclosures as it, in its sole
judgment, may deem appropriate to satisfy such Party's (or such Party's Parent's) obligations under any
applicable law or requirement of any stock exchange.
20. INSURANCE.
In the event that Seller's obligations hereunder require or contemplate performanc e of Services by Seller's
employees, or persons under contract to Seller, to be done on Buyer's property, or property of the Buyer's
customers, Seller agrees that all such work shall be done as an independent contractor and that the persons
doing such work shall not be considered employees of the Buyer. Further, in such event, Seller shall maintain:
A. General Liability insurance on a one million dollar ($1,000,000), per occurrence basis; and B. Statutory
workers compensation insurance. Buyer shall be named an additional insured or loss payee as its interest may
appear on the policy referred to in 20.A. above.
21. LIMITATION OF LIABILITY.
Notwithstanding anything contained herein to the contrary, the total aggregate liability of Seller to the Buyer for
all liability arising out of or in connection with the performance by Seller of its obligations under this Agreement
shall be limited to the aggregate sum of payments made by buyer to Seller under this Agreement. IN NO CASE
SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR FOR THE LOSS OF BENEFIT, PROFIT, REVENUE, OR
DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. TAXES AND PAYMENT.
All prices set forth in the Agreement are in United States dollars, and are exclusive of any applicable sales or
use taxes. If Buyer is exempt from such taxes, Buyer will provide Seller with the necessary documentation
required by the taxing authority to substantiate such exem ption. Unless exempt, payment of all such taxes shall
be the responsibility of Buyer.
23. INVOICING AND PAYMENT.
Attachment 4
Aclara – Prosper, TX May 27, 2014
A. Seller will invoice Buyer for the Equipment, Software and Services as follows based upon the prices set forth
in the Agreement: 1) Equipment. Seller will invoice Buyer for the Equipment purchased hereunder upon
Delivery (as defined below). 2) Software. Seller will invoice Buyer for the Software license purchased hereunder
upon Delivery. 3) Program Management Support and Support Services. Program Management and Support
Services will be invoiced as such services are provided and after shipment of software to Buyer.
B. Payment of all such invoices shall be due and payable thirty (30) days from the date of delivery.
C. Any amounts not paid when due shall bear interest at the lesser of 1 1/2% per month or the highest amount
permitted by law until paid.
D. Delivery means, (i) in the case of Equipment purchased hereunder, the loading of the equipment on the
means of transport of the carrier selected by Seller pursuant to Section 8 above; (ii) in the case of Software
provided hereunder, the remote installation of the Software by Seller on the Buyer-provided designated
Equipment, or if applicable, upon the Delivery of the designated Equipment provided by Seller on which the
Software is installed; and (iii) in the case of Services provided hereunder, the periodic performance of such
Services as described herein.
24. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement should be invalid, illegal or
unenforceable in any respect, the remaining portions of this Agreement shall continue to be binding and
enforceable.
25. DISPUTES.
Buyer and Seller agree to attempt to settle any dispute arising out of this Agreement through g ood faith
consultations and negotiations. If those attempts fail, the parties agree that any disputes arising under, out of, or in
relation to this Agreement either Party may initiate non-binding mediation of the dispute by submitting a written
request to a mediator approved by both parties, with a copy to the other Party, seeking assistance in resolving the
dispute. The Parties will cooperate with the mediator and each other in the mediation process. The mediation will
be conducted in accordance with the applicable practices and procedures employed by the mediator. If litigation is
commenced, either Party may terminate the mediation process by so notifying the mediator and the other Party.
Each Party will bear its own expenses in the mediation process and will share equally the charges of the mediator
and his/her sponsoring entity.
26. GOVERNING LAW.
The Agreement shall be subject to and construed in accordance with the laws of the State of Missouri, United
States of America.
27. NOTICES.
Any notices required under this Agreement shall be in writing, in the English language, and shall for all
purposes be deemed to be fully given and received if sent by registered or certified mail, postage prepaid, to the
respective parties at the addresses set forth on face hereof Such addresses are subject to change by the
respective parties upon written notice as herein provided for.
28. SURVIVABILITY.
Notwithstanding the expiration or termination of this Agreement, the following Sections shall survive according
to their terms: 9, Warranty; 12, Proprietary Data (Seller); 13, Proprietary Data (Buyer); 25, Disputes; 26,
Governing Law; and 27, Notices.
29. ENTIRE AGREEMENT.
The Agreement contains the entire agreement and all representations between the parties relating to the
subject matter hereof, and supersedes and cancels any prior understandings and agreements between the
parties, written or verbal, relating thereto.
Attachment 4
945 Hornet Drive
Hazelwood, MO 63042
www.Aclara.com
314.895.6400
314.895.6453 fax
June 27, 2014
January M. Cook, BPPO, CPPB
Purchasing Agent
Town of Prosper
121 W. Broadway
Prosper, TX 75078
RE: STAR Fixed Network System
Dear Ms. Cook,
This letter is to confirm that Aclara Technologies LLC is the sole source manufacturer of th e
STAR® Fixed Network Automatic Meter Reading System which is currently installed
throughout the Town of Prosper service territory.
The STAR® Network, its Meter Transmission Unit (MTU), Data Collector Unit (DCU), Meter
Transmission Unit (MTU) Programmer, and the Programmer Field Program Kit are
proprietary products of Aclara which are not compatible with any other Automatic Meter
Reading System.
We look forward to the opportunity to continue to support the Town of Prosper with our
STAR® products.
Should you have any questions or require additional information regarding this matter,
please feel free to contact me on my office telephone at (314) 895-8055 or by email at
mwillis@aclara.com
Sincerely,
Marcia Willis
Sr. Contract Administrator
Attachment 5