10.14.2014 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. Presentations.
Presentation of Certificates of Appreciation to former members of the Town’s Boards
and Commissions.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – September 23, 2014
5b. Consider and act upon awarding CSP No. 2014-40-A to Imaginuity Interactive,
Inc., for website enhancement, website hosting, and support services; and
authorizing the Town Manager to execute same. (BR)
5c. Consider and act upon an ordinance rezoning 60.9± acres, located 2,000± feet
south of First Street, 3,000± feet west of Dallas Parkway, from Planned
Development-47 (PD-47) to Planned Development-Single Family-10 (PD-SF-10).
(Z14-0013). (AG)
5d. Consider and act upon an ordinance for a Specific Use Permit (SUP) for a New
Automobile Sales/Leasing facility, on 16.1± acres, located on the north side of
US 380, 4,000± feet west of Dallas Parkway. The property is zoned Planned
Development-43 (PD-43). (S14-0003). (JW)
5e. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement for Geographic Information System (GIS) Services between the Town
of Prosper and City of Frisco. (AG)
5f. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
site plan or preliminary site plan. (AG)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 14, 2014
6:00 p.m.
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5g. Consider and act upon approving the purchase of lighting and installation
services for the Frontier Park Southwest Corner and Batting Cage Lighting
project, from Musco Sports Lighting, LLC, through the Texas Local Government
Purchasing Cooperative. (PN)
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
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:
7. Conduct a Public Hearing, and consider and act upon an ordinance amending Section 8,
“Changes and Amendments to All Zoning Ordinances and Districts and Administrative
Procedures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the
Zoning Ordinance, Ordinance No. 05-20, as amended, regarding procedures for denial
recommendations by the Planning and Zoning Commission, written protest procedures
and petitions in opposition to a zoning amendment, and officers of the Board of
Adjustment, their appointment and duties; and repealing existing provisions related
thereto. (Z14-0014). (JW)
DEPARTMENT ITEMS:
8. Conduct an annual review of the Town’s Comprehensive Plan with respect to current
conditions and trends. (JW)
9. Discussion on the design of the Downtown Enhancements project. (MR)
10. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
10a. Section 551.087 – To discuss and consider economic development incentives.
10b. 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.
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10c. Section 551.071 – To discuss possible litigation regarding claims related to
landscaping and irrigation projects, and all matters incident and related thereto.
11. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Discuss the date for the Strategic Planning Session in January 2015
13. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on October 10, 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 5:02 p.m..
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Pete Smith, Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Paul Naughton, Landscape Architect
Matt Richardson, Senior Engineer
Bill Elliott, Building Official
Will Mitchell, Parks & Recreation Manager
Julie Shivers, Recreation Services Coordinator
Kent Austin, Finance Director
Trish Featherston, Accounting Manager
January Cook, Purchasing Manager
Baby Raley, Human Resources Director
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Ronnie Tucker, Fire Chief
Robert Winningham, Economic Development Corporation Executive Director
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:
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, September 23, 2014
Item 5a
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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 in to Executive Session at 5:02 p.m.
The Town Council reconvened the Regular Meeting at 6:09 p.m. No action was
taken as a result of Executive Session.
REGULAR MEETING
3. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Doug Kriz of Grace Christian Church led the invocation. The Pledge of Allegiance
and the Pledge to the Texas Flag were recited.
4. Announcements of upcoming events.
Mayor Pro-Tem Miller made the following announcements:
The Prosper Police and Fire Departments are hosting a “Drug Take Back Day” on
Saturday, September 27, to provide a safe, convenient way to dispose of over-the-
counter or prescription medications. Residents may drop off unwanted or expired
drugs at the entry lobby of the Prosper Fire Station from 10:00 a.m.-2:00 p.m.
On Tuesday, October 7, residents are encouraged to participate in National Night Out
by spending the evening outside visiting with neighbors and Prosper’s public safety
personnel. This annual event was created to heighten awareness and strengthen
participation in local anti-crime efforts. Contact Officer Juan Flores for more
information or to schedule a block party.
Senior Citizen residents are invited to attend a Senior Luncheon with the Mayor on
Wednesday, October 15th, from 11:30 a.m.-1:00 p.m. at Prosper United Methodist
Church. Please RSVP by October 10. Contact Julie Shivers in the Parks &
Recreation Department.
The 5th Annual Cory Ausenbaugh Memorial 5k and 1 Mile Fun Run will be held on
Saturday, October 18, at Frontier Park. Registration information is available on the
Town’s website. Proceeds will be donated to a scholarship fund for a deserving
Prosper High School Senior who is pursuing a degree in education. Contact Assistant
Fire Chief Stuart Blasingame for more information.
Residents are invited to join the fun at Prosper’s Homecoming Parade, to be held on
Wednesday, October 22, starting at 5:30 p.m. Come see a variety of floats
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representing Prosper’s community and school groups at one of the Town’s biggest
Fall events.
5. Proclamations.
Presentation of a Proclamation to members of the Clothe a Child program
declaring October 2014 as Clothe a Child Month. (RB)
Patty Felan, Doug Kriz, and members of the Clothe a Child program accepted the
Proclamation.
Presentation of a Proclamation to members of the Prosper Police
Department declaring October 7, 2014 as National Night Out. (RB)
Police Chief Doug Kowalski, Assistant Police Chief Gary McHone, and Officer
Juan Flores accepted the Proclamation.
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.)
Councilmember Vogelsang removed Item 6k from the Consent Agenda.
6a. Consider and act upon minutes from the following Town Council
meetings. (RB)
Regular Meeting – September 9, 2014
6b. Receive the August 2014 financial report. (KA)
6c. Consider and act upon the appointment of a Municipal Judge, and
authorize the Mayor to execute an agreement for same. (RB)
6d. Consider and act upon a resolution designating The Prosper Press as
the official newspaper of the Town of Prosper for Fiscal Year 2014-2015.
(RB)
6e. Consider and act upon approving an Interlocal Agreement between
Collin County and the Town of Prosper, related to child abuse,
investigation, and law enforcement services; and authorizing the Town
Manager to execute same. (DK)
6f. Consider and act upon an ordinance amending Section XIII “Parks and
Recreation User Fees” of Appendix A “Fee Schedule” of the Town’s
Code of Ordinances by amending subsection (a) Field User Fees. (JS)
6g. Consider and act upon authorizing the Town Manager to execute a
Settlement and Release Agreement between Oncor Electric Delivery
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Company LLC, and the Town of Prosper, Texas, related to the
reimbursement for overbilling of unmetered street lights. (HW)
6h. Consider and act upon an ordinance repealing Section 1.04.001 “Time
limit for speaking at certain meetings” of Article 1.04 “Boards,
Commissions and Committees” of Chapter 1 “General Provisions” of the
Town’s Code of Ordinances and replacing it with a new Division 1,
entitled “Library Board” to provide Library Board’s number of members,
terms of office, vacancies, selection of Chair and Vice-Chair, meetings,
and power and authority. (HW)
6i. Consider and act upon an ordinance repealing Section 1.09.082 “Number
of members,” Section 1.09.085 “Chair/vice-chair/secretary/quorum,” and
Section 1.09.088 “Powers and authority” of Division 3 “Parks and
Recreation Board” of Article 1.09 “Parks and Recreation” of Chapter 1
“General Provisions” of the Town’s Code of Ordinances and replacing
said sections with a new Section 1.09.082 “Number of members,”
Section 1.09.085 “Chair/vice-chair/quorum,” and Section 1.09.088
“Powers and authority,” regarding residency requirements for the
members of the Parks and Recreation Board, selection of Chair and
Vice-Chair, and powers and authority. (WM)
6j. Consider and act upon an ordinance amending Section 3.02.010
“Officers” of Article 3.02 “Construction Board of Appeals” of Chapter 3
“Building Regulations” of the Town’s Code of Ordinances, regarding the
composition and appointment of Board members. (AG)
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller
seconded the motion to approve Items 6a-6j on the Consent Agenda. The
motion was approved by a vote of 7-0.
6k. 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. (AG)
Senior Planner Alex Glushko responded to questions from the Town Council
about this item. Councilmember Vogelsang made a motion and
Councilmember Korbuly seconded the motion to approve Item 6k. The motion
was approved by a vote of 7-0.
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 -
There were no Citizen Comments.
Item 5a
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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.)
Mayor Smith moved to Item 14 on the agenda.
14. Consider and act upon authorizing the Mayor to execute the First Amended and
Restated Development and Financing Agreement with Blue Star Land, L.P.,
Blue Star Allen, L.P., 183 Land Corp., and Prosper Economic Development
Corporation, for the reimbursement of the cost of construction of public
infrastructure to be constructed within Tax Increment Reinvestment Zone
Number One, Town of Prosper. (HJ)
Town Manager Harlan Jefferson presented this item before the Town Council. The
original agreement was executed in 2008 to address the cost of construction of public
infrastructure within Tax Increment Reinvestment Zone (TIRZ) No. 1. The amended
agreement eliminates the need for the Town to issue any debt for the project, and
contains other improvements from the original agreement. Mr. Jefferson introduced
attorney Pete Smith, who reviewed the terms of the new agreement compared to the
original agreement. The developer is assuming more of the financial risk for the
project, dedicating land for municipal purposes, and funding the construction of
infrastructure. The Prosper Economic Development Corporation is now a party to the
agreement, and Collin County will participate in the project as well.
The Mayor recognized the following individual who requested to speak:
Irwin “Cap” Parry, 850 Kingview Drive, Prosper, addressed the Council on the
dedication of land for municipal purposes in the agreement, requesting that any future
Town Hall remain in the downtown area, and received clarification from the Town
Council that while land is being dedicated for a future fire station within the project,
the timing of construction has not yet been determined.
Mayor Pro-Tem Miller made a motion and Councilmember Vogelsang seconded the
motion to authorize the Mayor to execute the First Amended and Restated
Development and Financing Agreement with Blue Star Land, L.P., Blue Star Allen,
L.P., 183 Land Corp., and Prosper Economic Development Corporation, for the
reimbursement of the cost of construction of public infrastructure to be constructed
within Tax Increment Reinvestment Zone Number One, Town of Prosper. The motion
was approved by a vote of 7-0.
PUBLIC HEARINGS:
8. Conduct a Public Hearing, and consider and act upon a request to rezone 60.9±
acres, located 2,000± feet south of First Street, 3,000± feet west of Dallas
Parkway, from Planned Development-47 (PD-47) to Planned Development-
Single Family-10 (PD-SF-10). (Z14-0013). (AG)
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Senior Planner Alex Glushko presented this item before the Town Council. This item
was tabled at the September 9, 2014, Town Council meeting to allow the applicant to
revise the application to align the proposed PD-SF-10 development standards with
the straight SF-10 district development standards, specifically regarding minimum lot
area and side yard setback. Dave Wilcox with Wilco Partners addressed the Town
Council and presented a brief PowerPoint presentation reviewing the proposed
project.
Mayor Smith opened the Public Hearing.
Jack Dixon, 810 Long Valley Court, Prosper, did not wish to speak, but expressed his
support for the new minimum lot size proposed with the item.
With no one else speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dugger made a motion, and Councilmember Korbuly
seconded the motion to approve a request to rezone 60.9± acres, located 2,000± feet
south of First Street, 3,000± feet west of Dallas Parkway, from Planned Development-
47 (PD-47) to Planned Development-Single Family-10 (PD-SF-10). The motion was
approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon a request for a Specific
Use Permit (SUP) for a New Automobile Sales/Leasing facility, on 16.1± acres,
located on the north side of US 380, 4,000± feet west of Dallas Parkway. The
property is zoned Planned Development-43 (PD-43). (S14-0003). (JW)
John Webb, Director of Development Services, presented this item before the Town
Council. The request is for a Specific Use Permit (SUP) for a new automobile
sales/leasing facility to include a sales and showroom, parts sales, service bays and
a car wash. Mr. Webb reviewed the details of the SUP request. The Planning &
Zoning Commission approved the request with conditions, which the applicant has
addressed in the revised exhibits. The Town has received a zoning reply form in
opposition to the request, which will require the Town Council to approve the request
with a supermajority vote. Robin Maas and Jeff Carter from Gulf States Toyota
addressed the Council and presented a PowerPoint presentation reviewing the
proposed project.
Mayor Smith opened the Public Hearing.
Craig Curry, Managing General Partner for Prosper Partners, spoke in opposition to
the request, noting that a he had previously proposed a zoning request for automobile
uses that was denied. His company is building a residential development on the
north side of the proposed project, and he does not feel that automobile uses are now
appropriate for the site.
Mike Wadsworth, 627 Creek View Drive, Prosper, spoke in favor of the request,
noting that the project will bring tax revenue and jobs to the area.
Chad Buxton, 4008 Bushwell Lane, Plano, is a partner of Mr. Curry, who spoke
previously. He spoke in opposition to the request, and does not believe the
requested use is appropriate for the property, and expressed concerns about
aesthetics and maintenance over time.
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With no one else speaking, Mayor Smith closed the Public Hearing.
Mr. Webb responded to additional questions from Council on air conditioning, lighting,
and other items in the SUP, which are not currently part of the SUP request. The
applicant was agreeable to those items being included in the SUP.
Mayor Pro-Tem Miller made a motion to approve a request for a Specific Use Permit
(SUP) for a New Automobile Sales/Leasing facility, on 16.1± acres, located on the
north side of US 380, 4,000± feet west of Dallas Parkway. The property is zoned
Planned Development-43 (PD-43). He further moved that the SUP have the following
conditions attached to it:
1. No outdoor intercoms, speakers or sound amplification devices shall be utilized
on the property;
2. Any structures with a garage or bay shall include an automatic door closing
device for such garage or bay; and
3. After-hours reduction of outdoor lighting, at 90% at midnight.
Councilmember Korbuly seconded the motion. The motion was approved by a vote
of 6-1.
DEPARTMENT ITEMS:
Mayor Smith opened Items 10 and 11 concurrently.
10. Consider and act upon an ordinance adopting the Fiscal Year 2014-2015 Annual
Budget for the fiscal year beginning October 1, 2014, and ending September 30,
2015, and approving certain amendments to the Fiscal Year 2013-2014 Annual
Budget. (KA)
11. Consider and act upon an ordinance adopting the Town of Prosper 2014
Property Tax Rate. (KA)
Finance Director Kent Austin presented a brief PowerPoint presentation summarizing
the budget and tax rate proposal, and providing historical data on the tax rate for
Prosper and the surrounding municipalities.
The Town Council discussed the proposed tax rate and the increased property values
of the Town. Questions arose about what factors contribute to calculating the
effective tax rate, and Town staff was directed to research this, particularly as it
relates to improvements on existing property. Council continued discussion on some
Capital Improvement Program items in the budget, the prioritization of public safety,
and the issuance of debt to pay for certain projects.
After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Miller
seconded the motion to adopt the Fiscal Year 2014-2015 Annual Budget for the fiscal
year beginning October 1, 2014, and ending September 30, 2015, and approving
certain amendments to the Fiscal Year 2013-2014 Annual Budget. Mayor Smith
called the roll, and Council Members responded as follows:
Councilmember Korbuly – approved
Mayor Pro-Tem Miller – approved
Item 5a
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Mayor Smith – approved
Deputy Mayor Pro-Tem Dugger – approved
Councilmember Vogelsang – approved
Councilmember Davis – opposed
Councilmember Dixon – approved
The motion was approved by a vote of 6-1.
Councilmember Korbuly made a motion and Mayor Pro-Tem seconded the motion to
ratify the property tax revenue increase as reflected in the Fiscal year 2014-2015
Adopted Budget. Mayor Smith called the roll, and Council Members responded as
follows:
Councilmember Korbuly – approved
Mayor Pro-Tem Miller – approved
Mayor Smith – approved
Deputy Mayor Pro-Tem Dugger – approved
Councilmember Vogelsang – approved
Councilmember Davis – opposed
Councilmember Dixon – approved
The motion was approved by a vote of 6-1.
Finance Director Kent Austin continued the presentation on the proposed tax rate,
which is $0.52 per $100 assessed valuation.
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the
motion that the property tax rate be increased by the adoption of a tax rate of $0.52
per $100 assessed valuation, which is effectively an 11.07 percent increase in the tax
rate. Mayor Smith called the roll, and Council Members responded as follows:
Councilmember Korbuly – approved
Mayor Pro-Tem Miller – approved
Mayor Smith – approved
Deputy Mayor Pro-Tem Dugger – approved
Councilmember Vogelsang – approved
Councilmember Davis – opposed
Councilmember Dixon – approved
The motion was approved by a vote of 6-1.
12. Consider and act upon an ordinance repealing Article 12.09 "Speed Limits" of
Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances and
replacing it with a new Article 12.09 "Speed Limits" to provide for the prima
facie speed limits on streets within the Town. (MR)
Matt Richardson, Senior Engineer, presented this item before the Town Council.
Changes to the proposed ordinance include eliminating county road number
designations, modifying limits to match existing features, and updating text to mirror
Section 545 of the Texas Transportation Code. Several changes to existing speed
limits are also proposed based on an investigation by the Engineering Department
and review by the Police Department. The speed limit changes will become effective
Item 5a
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after its passage and publication, and the posting of signs reflecting the new speed
limit. Council requested that flags be attached to new speed limit signs to attract the
attention of drivers that a new speed limit is in place.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve an ordinance repealing Article 12.09 "Speed
Limits" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances and
replacing it with a new Article 12.09 "Speed Limits" to provide for the prima facie
speed limits on streets within the Town. The motion was approved by a vote of 7-0.
13. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Dunaway Associates, LP, and the Town of
Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and
Sexton Park Conceptual Master Plan project. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. This item was tabled at the August 12, 2014,
Town Council meeting to allow the consultant and staff to bring examples of the
expected deliverables, and to provide more information. Mr. Webb and Elizabeth
McIlrath of Dunaway Associates explained the process for the development of the
conceptual master plans for Frontier Park North, and Sexton Park, as outlined in the
agreement. The Town Council expressed concern about not being involved earlier in
the process, and Dunaway agreed to modify the scope of services to include Council
involvement earlier in the process.
After discussion, Deputy Mayor Pro-Tem made a motion to authorize the Town
Manager to execute a Professional Services Agreement between Dunaway
Associates, LP, and the Town of Prosper, Texas, related to the Frontier Park North
Conceptual Master Plan and Sexton Park Conceptual Master Plan project. He further
moved that the Scope of Services, Exhibit A, be modified for Task A services
(programming design) and Task B services (concept alternatives) to specifically
include that the Consultant shall meet with the Town Council for data gathering and
information purposes. Councilmember Korbuly seconded the motion. The motion
was approved by a vote of 6-1.
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 Town Council recessed into Executive Session at 8:50 p.m.
16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Item 5a
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The Town Council reconvened the Regular Session at 9:11 p.m. No action was
taken as a result of Executive Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
Comprehensive Plan Implementation Priorities. (JW)
John Webb, Director of Development Services, discussed the top five action items
by priority with regard to updating the Comprehensive Plan. These include:
1. Update the 2003 Subdivision Ordinance – Freese and Nichols has already
submitted drafts for six of the eight proposed sections.
2. Update the Districts and Land Use Charts of the Zoning Ordinance – Town
staff has initiated this review.
3. Work with property owners/developers to bring property into conformance with
the Comprehensive Plan – this is an on-going process by Town staff.
4. Update non-residential architectural and building material standards, identify
standards for major corridors, and consider standards to prohibit strip retail –
due to the extensive nature of these projects, they may require the use of
consulting services.
5. Update residential development standards with regard to home and
subdivision design, amenities, setbacks, garages, etc. – subdivision design
standards will be included as part of the updated Subdivision Ordinance.
Updates to the standards for residential development will require amendments
to the Town’s Zoning Ordinance.
Mr. Webb itemized other action items that will be taken to update the
Comprehensive Plan.
Town Staff was directed to move the residential standards up on the priority list,
and to update these concurrently with the Subdivision Ordinance.
Town staff will also seek feedback from the Council at a future date on required
minimum lot size as part of the amendments to the Zoning Ordinance.
Mr. Jefferson stated that the results of the review of the Comprehensive Plan
conducted by MasterPlan would be discussed at the October 14, 2014, Town
Council meeting.
18. Adjourn.
The meeting was adjourned at 9:29 p.m.
These minutes approved on the 14th day of October, 2014.
APPROVED:
Ray Smith, Mayor
Item 5a
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ATTEST:
Robyn Battle, Town Secretary
Item 5a
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To: Mayor and Town Council
From: Baby Raley, Director of Human Resources
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Consider and act upon awarding CSP No. 2014-40-A to Imaginuity Interactive, Inc., for website
enhancement, website hosting, and support services; and authorizing the Town Manager to
execute same.
Description of Agenda Item:
The Town developed specifications and solicited proposals for a web-based, website
enhancement solution for the Town of Prosper, including an agreement for website hosting and
support services. The initial term of the contract will be one year, and will automatically renew
for successive one-year terms, unless terminated by either party in accordance with the terms
and conditions of the agreement.
A Notice to Proposers was advertised, and three proposals were received by the due date and
time (May 30, 2014, at 2:00 p.m.). The proposals ranged from $45,790 to $58,000, and the
annual hosting and support services fees ranged from $4,137 to $12,450. An evaluation
committee consisting of representatives from all Town departments evaluated the proposals
based on functionality, implementation timeline, extent the proposed solution exceeded the
minimum requirements, references, and cost.
After completion of the evaluation process, staff recommends award to Imaginuity Interactive,
Inc., the best value proposal. Their proposed services include the following: website branding,
defining the core website functions, integrating marketing and public relations online, and
developing the architecture and interface design. As a result, highlighted website features will
include an interactive and user-friendly website, e-government services, mobile platforms and
social media interaction, allow for virtual tours, security layers to protect databases and user
information, online website statistics, and easy website content management for staff.
Budget Impact:
The cost of the website enhancement project is $58,000. The annual fee for hosting and
support services is $7,000. Both will be funded from account 10-5410-10-01, Professional
Services. Subsequent annual expenditures will be subject to appropriations granted in future
fiscal years.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Statement of Work and
Agreements as to form and legality.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 5b
Page 2 of 2
Attached Documents:
1. Evaluation Matrix
2. Statement of Work
3. Master Services Agreement
4. Hosting and Support Agreement
Town Staff Recommendation:
Town staff recommends approval of the award of CSP No. 2014-40-A to Imaginuity Interactive,
Inc., for website enhancement, website hosting, and support services; and authorizing the Town
Manager to execute same.
Proposed Motion:
I move to award CSP No. 2014-30-A to Imaginuity Interactive, Inc., for website enhancement,
website hosting, and support services; and authorize the Town Manager to execute same.
Item 5b
CSP No. 2014-40-ATown of Prosper Website Enhancement ProjectCOMBINED MATRIXPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREEvaluation Criteria Weighting Functionality and Ease of Use30%7.00 2.10 7.00 2.10 6.00 1.80Implementation Timeline10%6.00 0.60 8.00 0.80 5.00 0.50Exceeds Minimum Requirements20%5.001.0010.002.003.000.60References10%7.750.788.750.889.000.90Cost30%9.242.775.701.716.662.00TOTAL100%7.257.495.80CivicPlusImaginuityVision InternetAttachment 1Item 5b
ImaginuitySM Interactive Response
Professional Services and Website Redesign for
Town of Prosper
CSP No. 2014-40-A Town of Prosper Website Enhancement Project
September 11, 2014
Presented by:
Gary Hooker
Partner, Vice President of Business Development
Office: 214.572.3872
Fax: 214.572.3901
Gary.hooker@imaginuity.com
Item 5b
09/11/2014 Page 2 Town of Prosper Statement of Work
January M. Cook
Purchasing Agent
Dear January,
We greatly appreciate the opportunity to submit a proposal to you for your web redesign project.
Based upon our previous experience with companies such as The City of University Park, The
City of Arlington, , and The City of Orange, as well as many others we feel we are a great match
for your quest to better market your company online.
ImaginuitySM is a rare blend of world-class creative, the most up-to-date technology, and
effective project management all under one roof. Our process ensures that all projects are
managed in such a way that each launch sustains a standard of excellence across the board.
At Imaginuity, it’s not just about websites, it’s about people. We build outstanding websites, but
more importantly, we build lasting relationships by delivering on every promise we make.
Should you choose to engage Imaginuity, your project shall have a dedicated Project Manager
who will be monitored by the five partners of the firm: Corbett Guest, CEO; Ken Koo, President;
Tim Langford, Executive Creative Director; and Gary Hooker (me), Vice-President of Marketing
and Business Development. Detailed bios for each of these individuals can be found in the
Imaginuity proposal.
Attached you will find a list of references and client experiences.
Best Regards,
Gary Hooker
Partner-VP Business Development & Marketing
ImaginuitySM
1409 South Lamar Street, Ste. 1500
Dallas, Texas 75215
(214) 572-3872
gary.hooker@Imaginuity.com
www.Imaginuity.com
Item 5b
09/11/2014 Page 3 Town of Prosper Statement of Work
1 Why Imaginuity
Translating Brands to the Web
Your brand is your organization’s most valuable asset and at ImaginuitySM Interactive, Inc.
(Imaginuity), there are no cookie-cutter solutions for translating that identity to the digital space.
Town of Prosper is a brand – a collection of tangible and intangible attributes, whose combined
characteristics define Town of Prosper to your business’s target audience. How that brand is
delivered to that audience online is our primary focus, and translating brands to the digital world,
is what we do better than any other creative or technology agency.
Our team is a diverse group of successful strategists, creative designers, IT innovators, and
marketing experts with world-class experience. Our team consults directly with your
stakeholders to thoroughly analyze, plan, and document each project prior to development or
implementation. This simple approach ensures that marketing and communication strategies
are executed online, while maintaining focus on real-world business goals and financial
demands.
Imaginuity has been actively creating and extending brands into the digital space since 1997.
Our goal is to provide a creative solution that will support Town of Prosper pursuit of continued
growth, profitability, and competitiveness. This proposal provides the information necessary for
Town of Prosper to define its partnership with Imaginuity, and effectively evaluate and select our
agency as your interactive advocate.
The Town of Prosper is home to a young, talented, and vibrant community in the growing North
Texas region. As of 2014, the population of Prosper is estimated at 14,986. According to
NTCOG, the growth rate in Prosper has been 17% over the last ten years, with an average
annual growth rate of 16% since 2000. Prosper has excellent public schools, and provides a
great environment to raise a family or build a business. A high combination of median incomes
and low cost of living allows citizens to enjoy a higher standard of living than in more costly
parts of the country. The Town is located 35 minutes north of downtown Dallas
Goals and Objectives
Town of Prosper seeks a creative agency to assist in the consulting, design, and structuring of
its web initiative. The new site will have the ability for Town of Prosper non-technical staff to
manage and update the site content. Timeliness for implementation and long-term viability are
of major concern.
Imaginuity will work with Town of Prosper personnel to complete the vision, define core website
functions, integrate marketing and PR, and develop the architecture and interface design. The
current high-level objectives, as understood by Imaginuity are:
Consult with Town of Prosper personnel to determine the business goals, processes,
and communication objectives for the new website
Design a website that will improve online branding, provide a cohesive, friendly user
experience, and facilitate media and marketing communications
Item 5b
09/11/2014 Page 4 Town of Prosper Statement of Work
The proposed solution will provide a secure, interactive website that serves as a one
stop shop for all Town of Prosper departments, and the local public
The proposed solution will be a web-based Content Management System – Word Press
The proposed solution will be an interactive public website that is secure and easily
accessible to navigate on all current browsers and supported on various operating
system (OS) platforms. (e.g. Apple IOS, Windows, Android OS, Google Chrome, and
Linux OS).
The proposed solution will support mobile platforms with responsive design
Also included will be the capability to interact with social medias (e.g. Facebook, Twitter,
etc.)
The proposed solution will have the functionality to include virtual tours, allowing an
interactive experience with detailed information thru video imbedded into the web site
The new website will allow integration with federally mandated requirements for public
emergency notifications (e.g. Amber alerts, weather alerts, etc)
o Feeds will be provided by Town of Prosper
The proposed solution will include redundancies of security layers in the hosting
agreement to protect databases and the user information from hackers
The proposed solution will include online website statistics software Google Analytics
Although accessible through the Town's current website, the Prosper Economic
Development Corporation (EDC) maintains a separate website from the Town located
at http://www.prosperedc.com/. The proposed solution will support a separate
URL/website and will have one page on the new web site for the EDC, then link out to
the seprate web site.
The current web page for the Prosper Fire Department contains a link to a separately
maintained website. Imaginuity will integrate all of their current content into the new
website. http://www.prosperfire.com/
The proposed solution will include a content management system (CMS) that allows
Town staff to effectively and easily manage website content.
o Included will be the Word Press CMS
Consulting Services
o Imaginuity will provide a single point of contact assigned to the Town's account,
to address any site related issues. The POC will have the authority to make
determinations and take immediate action related to data breaches, or other
security related issues
o Imaginuity will act as the Project Manager, and work with the Town's Website
Committee during development, project implementation, and as needed for
website and staff support for the duration of the contract
o Imaginuity will assist in organizing a local public task force, created to evaluate
the user experience of the website, and to provide feedback and suggestions for
future improvements. The successful firm will participate in meetings with the
task force, and provide Town staff with recommendations resulting from these
meetings.
Training
o Imaginuity will provide training to the Town's employees, including up to three, 3
hr meetings:
Overview of navigation through the redesigned website, highlighting
functionalities. This training will be open to all interested Town
employees, and will be coordinated with the Website Committee. This
Item 5b
09/11/2014 Page 5 Town of Prosper Statement of Work
training may/will be conducted multiple days and times in order to
accommodate staff schedules.
Content management system training for key Town personnel, to include
training materials/manuals
Test and launch the new website
Currently, the Town communicates the following service areas through its website:
Town Council
Administration
Development & Community Services
Development Services
o Building Inspections
o Code Compliance & Planning
Economic Development
Engineering
Finance
Fire Department
Human Resources
Municipal Court
Police Department
Parks & Recreation
Public Works
Purchasing
Utility Billing
Town Secretary
Water Conservation
Library
The Town’s current main website categories and links include the following:
Home
About Prosper
Town Council
Departments
Boards & Committees
Leisure & Culture
Online Services
Town News
The balance of this document is dedicated to demonstrating how Imaginuity can meet and
exceed objectives. We are an innovative company that has successfully met the needs of
companies whose sites are mission-critical, allowing their online presence to grow quickly and
successfully.
Item 5b
09/11/2014 Page 6 Town of Prosper Statement of Work
2 Our Approach and Deliverables
Project Management
Imaginuity will provide comprehensive project management services to initiate, plan, execute,
manage, monitor, and coordinate the project. Your Project Manager will provide you with the
following:
A detailed Project Plan to ensure that Town of Prosper and our deliverables are outlined
and agreed upon
Weekly status updates to Town of Prosper to facilitate communication and proactively
address development considerations during the course of the project
Town of Prosper will attempt to ensure that project decisions are made on a timely basis so as
to preclude negative impact on the project schedule. Town of Prosper will review deliverables
and acknowledge approval within three (3) business days. If there are issues to be resolved,
both Imaginuity and Town of Prosper will attempt to resolve them within those three (3)
business days. Delays to this approval time may impact the deliverable dates and cost of the
project.
Requirements Gathering
In order to determine the details of Town of Prosper’s initiative, Imaginuity will conduct
requirements gathering session(s) which will include functional specifications, client content
collection and Imaginuity content assessment phases. The requirements gathering session(s)
will help ensure that Imaginuity has a detailed understanding of Town of Prosper business goals
and strategic objectives, as well as determine the website’s desired functionality and how any
customized applications will interact with the site. The client will collect all current site content
and potential new content (marketing documents, videos, photos, etc.) and work with Imaginuity
to review. The content assessment by Imaginuity will analyze all current project content and
potential content, and provide recommendations on value, prioritization and usage.
Imaginuity will provide Town of Prosper with a Requirements Document describing any
custom applications, intended capabilities, and interactions with users for the various
features of the site
The Requirements Document serves as a reference point in writing code, testing, and
determining that all project specifications are met
Imaginuity will provide Town of Prosper with a Content Assessment with
recommendations for content organization, prioritization and usage for the project
Imaginuity will consult with Town of Prosper on keywords and search terms during this
phase, in order to generate content that can optimize search engine performance
Item 5b
09/11/2014 Page 7 Town of Prosper Statement of Work
Information Architecture
Information architecture communicates site flow, page arrangement, and content placement.
The Information architect process enables the creation of the site map and wireframes. These
deliverables will provide a detailed guide for how the creative interface will interact with the
technical architecture of the website.
Imaginuity will collaborate with your team to review the goals of the website and the
needs of your users to ensure that the site architecture meets those objectives
The site map is a schematic representation of all of the major sections and subsections
of the site The site map is documented and approved by Town of Prosper prior to
development
Interactive wireframes serve as the blueprint Imaginuity will use to build out the pages
and functions of the website, including navigation, sub navigation, page flow, process
flow, and other information necessary to complete the design of the user interface
ASSUMPTION: If Town of Prosper requests more than two (2) rounds of revisions to
information architecture, additional hours will be billed on a time and materials basis.
Creative Brief
The foundation from which the Imaginuity design team takes its inspiration and direction is a
thoroughly completed Creative Brief. The Creative Brief outlines Town of Prosper’s current
brand positioning, brand standards, target audience profiles, competitors, and key brand
attributes in Town of Prosper’s space.
Content Generation
Content planning and development is a key component to any successful web development
engagement. After Content Collection and Content Assessment phases are completed, our
Creative Department will guide Town of Prosper through the Content Generation process to
ensure that site content is planned, written and reviewed prior to Town of Prosper approval.
Imaginuity will provide the writing for the new website, based on Town of Prosper providing
expert subject matter material. Town of Prosper also will be required to actively review content
and provide input during review phases.
As needed, this phase could include the following components.
Master Content Matrix: Matrix of all content resources provided by and approved by
client for new site (photos, videos, logos, graphics, audio files, multimedia files, PDFs,
whitepapers, etc.)
Dynamic Content Database(s): Database(s) of information dynamically generated to
display on the site (product pages with descriptions, news or media releases, locations
and hours, etc.).
Content Document: Contains all the written copy for static site content; organized to
mirror the client-approved site map and wireframes
Item 5b
09/11/2014 Page 8 Town of Prosper Statement of Work
ASSUMPTION: The scope of content will mirror exactly the approved site map and wireframes
for the project. Additional site pages or content added AFTER wireframes have been approved
will be billable at $120 per hour.
ASSUMPTION: Content Generation phase includes up to two (2) rounds of client review and
revisions; the second round will include client’s legal feedback and approval. Further revisions
will result in additional hours being billed to Town of Prosper.
Creative Design and Presentation
Imaginuity will present two (2) home page concepts for Town of Prosper web project.
Imaginuity will create one (1) interior design for Town of Prosper web project.
Imaginuity will allow for up to two (2) revisions of the home page and interior page
concepts.
ASSUMPTION: Further revisions will result in any additional hours being billed to Town of
Prosper.
Site Page Count
Imaginuity expects the content on this site not to exceed 75-90 pages. A page is defined as a
content area that can be navigated to, containing no more than 250 words and five (5) images.
Imaginuity allows for an overage of up to 10% on page count to accommodate unforeseen
additions or Town of Prosper needs. Should the final page count exceed the maximum number
listed above plus 10%, Town of Prosper will be notified and a change order will be generated.
Additional pages will be billed at a rate of $120 per hour.
ASSUMPTION: If the total number of pages exceeds the number of pages noted in this
Agreement, or if Town of Prosper fails to deliver any portion of content that they are responsible
for, Imaginuity will use placeholder content (greeking) and stock images to complete the
development of the site.
DYNAMICALLY GENERATED DISPLAY PAGES: Content of special note are dynamically
generated display pages. While the display page is counted as one (1) page for build, multiple
pages of content are actually input for display. Example: Product pages where display of each
individual product (description, price, photo or graphic) is dynamically generated upon user
selection. A variety of pages may fall under this display type heading i.e., display pages for
locations, newsletters, directory, events, testimonials, etc.
In the case of display pages, Imaginuity will input up to five (5) pages of content for each display
page included in the page count. Additional pages may be added at no charge if the total site
page count stated above has not been exceeded. Once the site page count has been
exceeded, Town of Prosper then has two options for additional display page content:
Client can input further content via the site’s Content Management System (CMS) tool; or
Additional content will be input by Imaginuity at a cost of $120 per hour
Item 5b
09/11/2014 Page 9 Town of Prosper Statement of Work
Front End Development
After all content is approved, Imaginuity will enter content into the Content Management
System. We will implement one version of delivered content and images, as provided to us by
the due date in your Content Document Shell.
Imaginuity also will provide the production of template interfaces from visual mockups and
wireframes using HTML and CSS combined with XML, Flash, AJAX, and JavaScript. Imaginuity
will ensure that current web standards, accessibility, and Search Engine Optimization (SEO)
best practices are incorporated.
Technical Development
Our development team utilizes a component development methodology. For projects with
complex functional requirements, Imaginuity builds the system one complete component at a
time; reviewing the product with Town of Prosper as each individual piece of functionality is
finalized for testing.
The primary advantage to this approach is that Town of Prosper is able to see the system as it
progresses, and is able to review each small component in order to ensure that what is being
built matches what was agreed upon at the outset. Additionally, each of these components is
tested completely before the development of the next component begins.
Site Management
Imaginuity will provide Town of Prosper with the ability to manage and update each area of the
website by utilizing a site Content Management System (CMS). We will work with you during the
business requirements phase to determine the best technology solution for your project.
Search Engine Optimization
In order to achieve better placement within the search engine market, a website must be
optimized to adhere to current search engine requirements and algorithms. With Search Engine
Optimization (SEO), your website will be analyzed, optimized, and submitted on your behalf to
the prominent search engines. SEO services to be provided and that are included in this
proposal are:
Initial Site Analysis
Initial Keyword Research
Creation of Meta Information
Site Map Creation (Yahoo and Google)
Robots.txt File Creation
Item 5b
09/11/2014 Page 10 Town of Prosper Statement of Work
Quality Assurance and Testing
At Imaginuity, all of our products are tested to ensure the product meets rigorous quality
standards and your specific requirements.
System Testing – Our developers will test the product throughout the development cycle
to ensure functionality
User Acceptance Testing – User Acceptance Testing (UAT) verifies requirements are
met by conducting a walk-through of the site with the project sponsor. Upon completion
of UAT, the client will approve the site and sign off on the Project Acceptance Form
Browser Support
This solution will be built to function on the most recent version of internet browsers:
Internet Explorer
Firefox
Safari
Chrome
Training
In order for the CMS solution to be a success, Imaginuity will need to train Town of Prosper on
the core CMS modules to ensure the site can be updated and managed over time. In addition to
holding a training session on site at your facility, Imaginuity will provide general, written
documentation to serve as reference material for your internal teams after the initial training
effort has been completed. Customized training documentation unique to your solution can be
developed and provided for an additional fee, if desired by Town of Prosper.
Item 5b
09/11/2014 Page 11 Town of Prosper Statement of Work
3 Timeline and Payment
Timeline
Throughout the project, Imaginuity will work with Town of Prosper to re-examine the project
schedule, make any necessary adjustments, and deliver a project plan that outlines tasks and
milestones. This document addresses a project that will require a great deal of coordination
between both Imaginuity and Town of Prosper. To that end, Town of Prosper will want to
appoint someone as the project sponsor and contact for this project. This person will have to
collect information, give and get authorizations, coordinate meetings, and find answers to
questions that will necessarily arise in a project of this scope.
Schedule Due Date
Project Kickoff
Project Planning
10 business days after signature
Requirements Gathering
Content Assessment
Sitemap
Wireframes
20 business days after kickoff
Creative Concepting
Creative Design
Content Development and Writing
Creative Production
Technical Design
40 business days after kickoff
Front End Development
Technical Development
Quality Assurance and Testing
Deployment
Training and Project Closure
90 business days after kickoff
In the event that Town of Prosper chooses to host with a third party instead of Imaginuity, you,
Town of Prosper, understands that the project timeline and cost may be affected. All additional
time incurred by Imaginuity staff to coordinate and manage the third-party hosting company will
be billed to you at the current hourly rate of $120, and the project timeline will be reevaluated
accordingly.
Item 5b
09/11/2014 Page 12 Town of Prosper Statement of Work
Payment Terms
In consideration for the services to be performed under this statement of work, Town of Prosper
will pay Imaginuity on a time and materials basis for 655hrs @ $88.55hr for a project total
amount of $58,000. Work will begin on your project when we have received the retainer
payment. Payments are due on the date noted on the invoice. Payment schedule does not
include sales tax and reasonable travel and business expenses, which may be applicable during
various deliverable stages.
All payments are due prior to site launch and due in accordance with the schedule outlined
below. Should payment be delinquent beyond 30 calendar days, the following guideline applies:
the client agrees to pay a 1% penalty per month until the invoice is paid and work shall cease on
said project.
Payment Schedule Due Date
$23,200 Due upon Signature
$11,600 Due at Presentation of Site Map
$11,600 Due at Creative Presentation
$11,600 Due at Client Acceptance
Non-Disclosure and Confidentiality
The material contained in this proposal represents proprietary, confidential information
pertaining to our services and methods. By accepting this proposal, Town of Prosper hereby
agrees that the information in this statement of work shall not be disclosed outside of Town of
Prosper, and shall not be duplicated, used, or disclosed for any purpose other than to evaluate
this statement of work. If, however, a contract is awarded to Imaginuity for this statement of
work as a result of, or in conjunction with the submission of this information, Town of Prosper
will have the right to duplicate, use, or disclose the material contained herein to the extent
provided for in the resulting contract.
Expiration
This statement of work must be authorized within 30 days from the date of issue. If this
statement of work is not authorized within 30 days of issuance, it is deemed to have expired.
Any statement of work authorized after 30 days of issuance will be deemed null and void. A new
statement of work and estimate may be required which can be obtained from the primary
presenter listed on the title page of this statement of work.
Item 5b
09/11/2014 Page 13 Town of Prosper Statement of Work
4 Assumptions
The following section outlines the assumptions underlying this proposal. Clarification and
acknowledgment of these assumptions is important to shaping this engagement. They must be
confirmed and accepted by all parties, and adaptation to them could potentially alter the
project’s estimated approach, staffing level, cost and timeline. These assumptions are
considered very carefully in estimating the project scope.
It is assumed that Town of Prosper agrees to the project’s estimated timeline, and that the
Project Manager will present the final timeline to you for approval. The success of this project is
based upon Imaginuity and Town of Prosper meeting delivery dates. As all Imaginuity resources
are available during a predetermined window, not meeting these dates impacts our ability to
deliver the project on time.
Town of Prosper understands that Imaginuity is dependent upon Town of Prosper for feedback,
information, and approvals. If Town of Prosper and/or any its related vendors continually delay
the project or withhold, either intentionally or unintentionally, any of the information, data,
assets, or approvals necessary for the progression and/or completion of the project, Imaginuity
reserves the right to move the project out of the production queue. Upon the projects removal
from the queue, all payments are due to Imaginuity in accordance with the original timeline.
Town of Prosper understands that impeding the progress of a project, either deliberately or by a
lack of responsiveness, prevents Imaginuity from planning resources for other projects, and
accepts that additional charges of up to 25% of the original project cost may be charged in order
to ramp up a delayed project for restart. Once Town of Prosper is prepared to move forward, a
revised timeline will be submitted. Because resources are available on a limited basis, Town of
Prosper also understands that once deliverables are approved, any further changes to that
deliverable will require a Change Order as well as additional fees and time.
This proposal of services is based on existing information. Town of Prosper understands that
Imaginuity cannot possibly predict all project needs prior to engagement. If the estimate in this
proposal is inadequate, Imaginuity will issue a work order to cover all additional hours. This
proposal does not cover the cost of: additional custom application development, stock
photography, copywriting, copyediting, focus groups, other programming needs, SSL
certificates, e-commerce charges, domain name registrations, software licenses, CMS licenses,
bank transactions, etc. or additional hours incurred by Imaginuity.
Methodology
Town of Prosper agrees to use the Imaginuity project management approach for this
engagement. By accepting this approach, Town of Prosper accepts responsibility for the
requirements needed to utilize this approach. Town of Prosper will promote the use of the
approach and will provide necessary internal support for the duration of the project.
Item 5b
09/11/2014 Page 14 Town of Prosper Statement of Work
Management
Town of Prosper will provide a single project sponsor who will work with the Imaginuity Project
Manager to ensure information is provided in a timely and accurate manner. If Town of Prosper,
Town of Prosper, fails to provide return communication to Imaginuity, for a period of 14 days or
more at any time during the engagement, the project is deemed complete and all invoices will
be due immediately. If for any reason the project sponsor changes during the course of any
project, Town of Prosper understands that additional hours and charges may be necessary to
ramp up the new sponsor on project activity.
Change Management
Our current understanding of the scope of work has been defined by this SOW. Any changes to
the scope of this project will require Town of Prosper to complete a Change Order.
The alteration of the scope of a project can cause changes in the project plan, delivery
schedule, and costs. Due to the issues involved with such changes, it is an industry standard,
that a Town of Prosper completes a written Change Order. In turn, this will require us to inform
Town of Prosper of added costs or delays, and will require Town of Prosper to authorize them in
writing. Please be aware that it is important for Town of Prosper to process change orders in a
timely manner so as not to delay or endanger the project timeline. We will make this process as
simple as possible using e-mails, FAX, or overnight mail so as not to delay the project any more
than necessary.
Imaginuity reserves the right to charge Town of Prosper for the time and expense required if you
repeatedly request, but do not approve Change Orders.
Town of Prosper and Imaginuity will agree to a project plan at the beginning of the engagement
and then employ a strict change management discipline. The change management process is to
seek agreement with Town of Prosper for any required changes in the scope of the project
related to tasks, deliverables, resources, software modifications, etc. The process clearly
identifies the costs and project impact arising from the proposed changes. Execution of a
Change of Scope Request between Imaginuity and Town of Prosper will be required to initiate
any changes to the original scope of the project and allow work to commence.
For purposes of this engagement both Town of Prosper and Imaginuity agree that a
Change of Scope Request for $8,000 or less can be executed via email. Town of Prosper
can approve additional hours via email and those hours will be billed to Town of Prosper at the
end of each month.
Item 5b
09/11/2014 Page 15 Town of Prosper Statement of Work
Additional Obligations of Customer
Town of Prosper will provide a project sponsor who will work with the Imaginuity Project
Manager to ensure that information is provided in a timely and accurate manner.
Town of Prosper will ensure Imaginuity of reasonable access to the appropriate personnel, both
functional and technical.
Town of Prosper will provide access to personnel that can be utilized by Imaginuity in obtaining
information regarding the business processes and practices. This person (people) must have
knowledge of Town of Prosper process.
Town of Prosper will attempt to ensure that project decisions are made on a timely basis so as
to preclude negative impact on the project schedule. Town of Prosper will review deliverables
and acknowledge approval within three (3) business days. If there are issues to be resolved,
both Imaginuity and Town of Prosper will attempt to resolve them within those three (3) days.
Town of Prosper will ensure that all personnel assigned to the project have sufficient expertise
to undertake the identified tasks.
Town of Prosper will immediately notify the Imaginuity Project Manager of any concerns or
noted deficiencies of work performed by Imaginuity personnel to facilitate correction or
adjustment to the work.
If Town of Prosper requests a change in Imaginuity staff and the reasons for change are not
related to work performance, Town of Prosper shall absorb all transition costs related to making
the change.
Item 5b
09/11/2014 Page 16 Town of Prosper Statement of Work
5 Acceptance of the Statement of Work
IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have
executed this Statement of Work as of the date signed below, (the “Effective Date”). The Town
of Prosper authorizes Imaginuity Interactive, Inc. to proceed with the development of the
services and products described in this Statement of Work.
ImaginuitySM Interactive Authorized Signature Town of Prosper Authorized Signature
Gary T. Hooker
Harlan Jefferson
Printed Name Printed Name
Partner
Town Manager
Title Title
9.11.2014
Date Date
Item 5b
09/11/2014 Page 17 Town of Prosper Statement of Work
6 Master Services Agreement
This Master Services Agreement (the “Agreement”) made this 11th day of September, 2014 by
and between ImaginuitySM Interactive, Inc., a Texas corporation (“Imaginuity”), with a place of
business and address at 1409 South Lamar Street, Suite 1500, Dallas, Texas, 75215 and Town
of Prosper (“Client”), with a place of business and address at 151 South Main Street, Prosper,
Texas, 75078, (collectively, “Parties” or individually as “Party”) is as follows:
1. Scope of Work
Imaginuity shall perform such services for Client in accordance with this Agreement and as
detailed in a written Statement of Work (“SOW”), signed by both Parties, that: (a) is numbered
for identification and references this Agreement; (b) details the scope of work to be performed,
including, but not limited to, all applicable services, deliverables and other materials to be
provided to Client; (c) specifies the applicable hourly rate or fixed-fee schedule for performing
the Services; and (d) includes such additional terms and conditions and information as the
Parties may determine necessary. The services described in each SOW shall be herein referred
to as “Services”. Client may request additional Services from time-to-time, which shall be
mutually agreed upon in subsequent SOWs, incorporated herein and subject to this Agreement.
Each SOW, when executed by an authorized representative of both Parties, shall constitute a
separate agreement and, except for provisions herein which are specifically excluded or
modified in such SOW, each such SOW shall incorporate therein all of the terms and conditions
of this Agreement. In the event of any conflict between the terms and conditions of this
Agreement and the terms and conditions of any SOW, the terms and conditions of such SOW
shall govern.
2. Compensation and Payment Terms
Client shall pay Imaginuity for Services as set forth in each SOW. Client shall pay all reasonable
expenses necessary for Imaginuity to perform the Services. Imaginuity shall invoice Client on a
as defined in each SOW for Services rendered plus expenses incurred in the delivery of such
Services. Client shall pay all invoices within thirty (30) calendar days after the date of the
invoice. Any amount(s) remaining unpaid after thirty (30) calendar days shall accrue interest at a
rate equal to one percent (1%) per month. Client shall pay all personal property, sale, use,
value-added and other taxes (excluding taxes based upon our net income) that are imposed by
any federal, state, local, or foreign government authority as a result of the execution or
performance of this Agreement and any SOWs.
3. Use of Subcontractors
Imaginuity reserves the right to utilize subcontractors from time-to-time in order to deliver the
Services. Each subcontractor will: (a) comply with the terms and conditions of this Agreement
and the applicable SOW to the extent applicable to the Services performed by such
subcontractor; (b) acknowledge and agree that it may look only to Imaginuity for payment for
labor and materials provided in connection with such Services; and (c) waive any and all claims
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for payment against Client. Imaginuity shall be liable for any and all Services performed by its
subcontractors to the same degree that it is liable for its own performance.
4. Client Responsibilities
a. General Cooperation
Client shall cooperate with Imaginuity by providing to Imaginuity such information and access to
Client’s personnel, facilities, equipment, databases, software, and other resources as are
required by the nature of the Services to be provided or as Imaginuity may reasonably request
in connection with its performance under this Agreement or any SOW.
b. On Client’s Premises
In the event that Imaginuity performs Services on Client’s premises, Client shall provide the
following: (a) a reasonably suitable work environment for the performance of the Services; (b)
reasonable access to and use of Client’s facilities and relevant information; (c) timely assistance
in the correction of any hardware or software problems that would reasonably and materially
affect the performance of Services; and (d) any other items set forth in each SOW.
c. Performance
The timely, complete, and accurate receipt of information and access as set forth in this Section
is a condition to our performance commitments specified in any SOW. Client shall respond
promptly to any reasonable request for information or access made by Imaginuity.
5. Confidentiality
In the course of each Party’s performance under this Agreement, each Party will learn of
information of a proprietary nature regarding the other Party’s products, pricing, know-how,
processes, practices, marketing proposals, and any other information related to the business of
such Party, and is identified in writing by the disclosing Party as confidential or proprietary
(“Confidential Information”).
Each Party shall protect the confidentiality of the Confidential Information of the other in the
same manner that it protects the confidentiality of its own proprietary and confidential
information of like kind, but in no event shall either party exercise less than reasonable care in
protecting such information. This undertaking to keep information confidential will survive the
termination of this Agreement and shall remain in effect for a period of five (5) years from the
date of the disclosure of the Confidential Information, unless the Confidential Information or any
part thereof constitutes a trade secret under applicable law, in which case the confidentiality
obligations with respect to such trade secrets shall continue for so long as such Confidential
Information constitutes a trade secret under applicable law.
The Parties’ use of Confidential Information will be solely for the purpose of performance of this
or any subsequent agreement between the Parties.
The confidentiality obligations of this Agreement shall not apply to information which: (a) is
required to be disclosed by law, subpoena or other process; (b) becomes reasonably available
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to the public through no fault of the receiving Party; (c) is possessed by the receiving Party, as
evidenced by written or other tangible evidence, prior to receipt of the information from the
disclosing Party; (d) becomes known to the receiving Party from a third Party who has no
obligation of confidentiality to the disclosing Party; or (e) is developed by the receiving Party
independently of the information received from the disclosing Party.
6. Non-Solicitation
Client agrees that, without the prior written consent of Imaginuity, during the term of this
Agreement and for a period of twelve (12) months after the termination of this Agreement, Client
shall not (and shall cause its affiliates not to) solicit, induce, or hire any of our employees or
subcontractors with whom Client had contact under this Agreement. If Client breaches this
Section, the Parties agree that our actual damages will be difficult to assess; consequently, in
the event of such a breach the Parties agree that Client shall pay to Imaginuity as liquidated
damages, and not as a penalty, the greater of one year’s compensation either: (i) offered to the
Imaginuity employee or subcontractor by Client, or (ii) paid or offered to the Imaginuity
employee or subcontractor by Imaginuity.
7. Independent Contractor
Imaginuity is an independent contractor, not an employee or agent of Client. Nothing in this
Agreement shall render or be construed to make Imaginuity (including any of its agents,
employees or subcontractors), partners, joint ventures, employees or agents of the Client. The
Client recognizes that Imaginuity retains all the rights and privileges of an employer or principal,
including but not limited to the right to hire, select, direct, discipline, compensate, and terminate
its employees and subcontractors assigned to Client’s account. Imaginuity shall at its own
expense comply with all applicable workmen's compensation, unemployment insurance,
employer's liability, tax withholding, minimum wage and hour, and other federal, state, county
and municipal laws, ordinances, rules, regulations and orders.
8. Ownership and License
Except for any pre-existing materials including, without limitation, ideas, sketches, initial copy,
concepts, proofs of concepts, research and analysis, software, software designs, code, data,
technical components, creative designs, and artwork and all enhancements thereof (which
enhancements are created in the course of performance of this Agreement) (collectively
“Imaginuity Materials”), upon full payment for all Services, Imaginuity hereby assigns to Client all
right, title and interest to the materials that are originally created by Imaginuity specifically
and/or customized for Client hereunder and contained in the final work product delivered to
Client (the “Deliverables”).
With regard to such Deliverables, Client hereby grants to Imaginuity a worldwide, perpetual,
royalty-free license to use and to allow others to use the Deliverables and to create derivative
works from the same, provided such use does not disclose Client’s identity or any of Client’s
Confidential Information.
Upon full payment for all the Services, Imaginuity grants Client a non-exclusive, non-
transferable, perpetual, worldwide, royalty-free, limited license to use for Client’s internal
purpose the Imaginuity Materials incorporated in the Deliverables; provided, however, Client will
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have no right to use such Imaginuity Materials apart from the Deliverables or in any other
manner without the prior written consent of Imaginuity.
Except as specifically provided herein, Imaginuity does not convey, nor does Client obtain, any
right to Imaginuity proprietary materials that Imaginuity may utilize or provide (including the
Imaginuity Materials). Imaginuity reserves all rights in its proprietary materials that are not
expressly licensed to Client hereunder. Imaginuity shall be free to use its general knowledge,
skills, and experience, and any ideas, concepts, know-how and techniques used in the course
of providing the Services on other engagements.
9. Reference Client
In consideration for the level of compensation and fees set forth in the SOWs, Client agrees to
act as a reference client for Imaginuity in accordance with this Section. Imaginuity may use
Client’s name as a reference in its client lists, brochures, and electronic media and the Parties
may issue a mutually agreed upon press release regarding Client’s engagement of Imaginuity.
All references to Client shall be subject at all times to our confidentiality obligations in Section
titled Confidentiality.
Subject to Client’s approval, which shall not be unreasonably withheld, Imaginuity may develop
and publish a case study highlighting the Services provided by Imaginuity for Client in our
promotional materials including, but not limited to, its client lists, brochures, white papers and
electronic media.
Client hereby grants to Imaginuity a non-exclusive, non-transferable, royalty-free right and
license to copy and display Client’s trademarks and logo (subject to the terms and conditions of
Client’s standard trademark usage guidelines) for use in our client lists, websites, case studies
and other similar promotional media, subject in each case to Client’s prior approval of each type
of use.
10. Warranties
Imaginuity represents, warrants and covenants that: (a) the Services shall be performed in a
professional and workmanlike manner in accordance with applicable commercial standards; (b)
the Services shall comply with any and all applicable laws, rules and regulations; and (c)
Imaginuity has, and will have, full corporate power and authority and legal right to enter into, and
perform fully its obligations in, the Agreement.
EXCEPT FOR THE FOREGOING WARRANTIES, IMAGINUITY MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE
SERVICES, PRODUCTS, DELIVERABLES, TECHNOLOGY, INTELLECTUAL PROPERTY,
MATERIALS, INFORMATION OR OTHER ITEMS PROVIDED UNDER THIS AGREEMENT,
AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS
FOR A PARTICULAR PURPOSE.
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11. Indemnification
Imaginuity shall indemnify, defend and hold harmless Client, its employees, officers, directors
and agents, from and against any third party claims, demands, losses, damages, or expenses
(including reasonable attorneys’ fees) except if: (a) any bodily injury or death of any person or
damage to tangible personal property directly caused by the gross negligence or willful
misconduct of the indemnifying Party or (b) any actual or alleged patent or copyright
infringement, misappropriation of confidential information or violation of other intellectual or
proprietary rights or licenses, including, without limitation, trademark or trade secret rights
related to any services or Deliverables provided under this Agreement.
12. Liability
IMAGINUITY LIABILITY UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT TO
IMAGINUITY FOR THOSE SERVICES WHICH ARE THE SUBJECT MATTER OF THE CLAIM
IN THE PRECEDING SIX MONTHS. IN NO EVENT SHALL IMAGINUITY BE LIABLE FOR ANY
LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR
INDIRECT, SPECIAL, INCIDENTAL, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES
OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED UNDER
THIS AGREEMENT EVEN IF IMAGINUITY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
13. Term and Termination
Unless terminated earlier pursuant to the terms and conditions hereunder, this Agreement is
effective for a period of one (1) year from the date first written above (“Effective Date”) and shall
be automatically renewed for successive one (1) year terms; provided, that either Party may
terminate this Agreement by giving not less than thirty (30) days’ written notice of its intent not to
renew prior to the anniversary of the Effective Date of the then-current term.
Notwithstanding the foregoing, unless otherwise terminated in accordance with this Section, any
outstanding SOWs then in effect between the Parties shall continue until date of expiration of
such SOW and the terms and conditions of this Agreement incorporated therein shall survive
until such expiration or earlier termination.
Either Party may terminate this Agreement if at any time: (a) the other Party materially breaches
any term, representation or warranty of this Agreement, and such breach is not cured within
thirty (30) days after written receipt of notice specifying such breach; (b) the other Party
becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to
insolvency, receivership, liquidation, or composition for the benefit of creditors; or (c) the other
Party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding
relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if such
petition or proceeding is not dismissed within sixty (60) days of filing. Either Party may terminate
this Agreement and/or any outstanding SOWs at any time for convenience upon thirty (30) days
written notice to the other Party.
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In the event of any termination or expiration of the Agreement or any SOW for any reason,
Client shall pay Imaginuity for all Services rendered and expenses incurred by Imaginuity up to
and including the date of expiration and/or termination including the written notice period. The
Parties agree that any terms and conditions of this Agreement which, by their nature, are
intended to survive the expiration or termination of this Agreement shall survive, including,
without limitation: Sections 5 through 20.
14. Force Majeure
Each Party hereto shall be excused from default or delay in the performance of its obligations
under this Agreement and any SOW (other than a failure to pay money) if and to the extent that
such default or delay is caused by an act of god, or other cause beyond its reasonable control,
including but not limited to, any fire, earthquake, flood, hurricane, tornado, epidemic, casualty,
riot, civil disturbance, work stoppages, act of public enemy, embargo, war, or any municipal,
county, state or national ordinance or law, or any executive, administrative or judicial order
(which is not the result of any act or omission which would constitute a default hereunder). In
such event the nonperforming party shall be excused from performance for as long as such
circumstances prevail and shall as soon as practicable notify the other Party by telephone (to be
confirmed promptly in writing) of any actual or anticipated delay.
15. Waiver/Severability
Waiver of any breach or failure to enforce any term of this Agreement will not be deemed a
waiver of any breach or right to enforce which may thereafter occur. No waiver may be valid
against any Party hereto unless made in writing and signed by the Party against whom
enforcement of such waiver is sought and then only to the extent expressly specified therein. If
any term or provision of this Agreement is found by a court of competent jurisdiction to be
illegal, invalid, or otherwise unenforceable, such term or provision shall not affect the
Agreement’s other terms or provisions, or the whole of this Agreement, but such term or
provision shall be deemed modified to the extent necessary in the court’s opinion to render such
term or provision enforceable, and the rights and obligations of the parties shall be construed
and enforced accordingly, preserving to the fullest permissible extent the intent and the
agreements of the parties.
16. Notice
Any notice or other communication under this Agreement shall be in writing and shall be
effective upon the earlier of: actual receipt, five (5) days following deposit into the United States
mail (certified mail, return receipt requested), or the next business day following deposit with a
nationally recognized overnight courier service; in each case with any delivery fees pre-paid and
addressed to the Party at the address set forth on the first page of this Agreement or such other
address as that Party may notify the other from time to time in accordance with this Section.
17. Headings
Headings used in this Agreement are for reference purposes only and in no way define, limit,
construe, or describe the scope or intent of this Agreement.
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18. Prior Agreements and Amendments
This Agreement supersedes all prior agreements and understandings between the parties
respecting the subject matter hereof. This Agreement may not be changed or terminated orally
by or on behalf of either Party and may only be amended in a writing executed by authorized
representatives of each Party.
19. Governing Law
This Agreement shall be governed by, subject to and interpreted in accordance with the laws of
the State of Texas, as though entered into and performed in Texas.
20. Dispute Resolution
Each Party shall use commercially reasonable efforts to resolve any disputes arising under this
Agreement in good faith as soon as practicable. If any dispute cannot be resolved to the
reasonable satisfaction of the Parties within ten (10) days after the dispute arose, either Party
may elect to escalate the dispute to a representative Officer or executive of each Party.
Notwithstanding the foregoing, in the event of a violation of (i) a Party’s confidentiality rights
under Section titled Confidentiality or (ii) a Party’s proprietary rights under section titled Section
Ownership and License, nothing in this Section shall prohibit either party from immediately
applying to a court of competent jurisdiction for a temporary restraining order, preliminary or
permanent injunction, or other similar equitable relief.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in duplicate
and delivered as of the date first written above, and represent that the persons whose
signatures appear below are duly authorized to execute this Agreement.
Imaginuity Interactive, Inc. Town of Prosper
Gary T. Hooker Name Harlan Jefferson
Signature
Partner Title Town Manager
Gary.hooker@imaginuity.com Email harlan_jefferson@prospertx.gov
9.11.2014 Date
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Customer Name: The Town of Prosper
Project Number & Title: 2015 Website Hosting and Support Agreement – One
year agreement
Date Presented: September 11, 2014
Imaginuity Representative Gary Hooker
Partner – Vice President Business Development
T: 214 572 3872
F: 214 572 3901
E: gary.hooker@imaginuity.com
7 Hosting
This will confirm the Hosting and Support Agreement (“Agreement”) for Imaginuity Interactive, Inc.
(“Imaginuity”) to arrange for hosting of www.prospertx.org (“Website”) for The Town of Prosper.
The Town of Prosper (“Client”) has requested that Imaginuity arrange for the Website to be hosted by an
outside third party host (“Host”) pursuant to an agreement for hosting services between Imaginuity and
the Host.
Upon execution of this agreement, Imaginuity will arrange for the Host to provide hosting services for the
Website. The hosting services shall be provided for a 12 month term and are described as set forth in
this Agreement. If Client does not notify Imaginuity thirty (30) days prior to the expiration of the term, or
any subsequent renewal term, of Client’s termination of this Agreement at the end of the then-current
term, then this Agreement shall automatically renew for a subsequent period of twelve (12) months.
The hosting services will be provided at the request of, and as an accommodation to Client, but the
Hosting Agreement shall be in the name of Imaginuity Interactive. Client acknowledges that it has been
provided with a copy of the Service Level Agreement and Acceptable Use Policy to the Hosting
Agreement and that Client will comply with all of the terms and conditions of these terms. Client
acknowledges that the Hosting Agreement contains various terms and conditions related to performance
of the hosting services by the Host. Imaginuity shall use its reasonable efforts to enforce for the benefit of
Client the obligations of Host under the Hosting Agreement but Client acknowledges and agrees that
Imaginuity shall not be responsible or liable for any failure of Host to perform under the Hosting
Agreement.
If Client desires to terminate this Agreement with Imaginuity, Client may do so upon written notice to
Imaginuity not less than thirty (30) days prior, provided that as a condition to such termination Client shall
pay to Imaginuity the remaining balance of annual hosting fee. Imaginuity may terminate this Agreement
at any time upon not less than thirty (30) days prior written notice to Client.
In exchange for Imaginuity’s agreement to arrange for the hosting services, Client shall pay to Imaginuity
the fee set forth. This fee and any applicable taxes shall be payable to Imaginuity quarterly, in advance,
beginning on the date of this Agreement and continuing each quarter thereafter during the term of the
Hosting Agreement. The fees payable to Imaginuity during any partial quarter shall be prorated.
8 Acceptable Use Policy
8.1 Introduction
This section sets forth the principles, guidelines and requirements of the Acceptable Use Policy governing
the use by Client. This Acceptable Use Policy has been created to promote the integrity, security,
reliability and privacy of Host's Web Site Management Facility, network, and client data contained within.
Host retains the right to modify the Acceptable Use Policy at any time and any such modification shall be
automatically effective as to all clients when adopted by the Imaginuity.
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8.2 Compliance with Law
Client shall not post, transmit, re-transmit or store material on or through any of Services or Products
which, in the sole judgment of Imaginuity (i) is in violation of any local, state, federal or non-United States
law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect
any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including
rights protected by copyright, trade secret, patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or distribution of "pirated" or other software
products that are not appropriately licensed for use by Client. Client shall be responsible for determining
what laws or regulations are applicable to its use of the Services and Products.
8.3 Prohibited Uses of Services end Products
In addition to the other requirements of this Acceptable Use Policy, the Client may only use the Services
and Products in a manner that, in Imaginuity's sole judgment, is consistent with the purposes of such
Services and Products. If the Client is unsure of whether any contemplated use or action is permitted,
please contact the Imaginuity as provided above by way of example, and not limitation, uses described
below of the Services and Products are expressly prohibited.
8.3.1 General
Resale of Services and Products, without the prior written consent of the Imaginuity.
Deceptive on‐line marketing practices. (Email SPAM, etc.)
Violations of the rights of any Person protected by copyright, trade secret, patent or other
intellectual property or similar laws or regulations, including, but not limited to, the installation
or distribution of "pirated" or other software products that are not appropriately licensed for
use by Client.
Actions that restrict or inhibit any Person, whether a customer of the Imaginuity or otherwise, in
its use of any of the Imaginuity's Services or Products.
8.3.2 System and Network
Introduction of malicious programs into the network or server (e g, viruses and worms).
Effecting security breaches or disruptions of Internet communication. Security breaches include,
but are not limited to, accessing data of which the Client is not an intended recipient or logging
into a serve or account that the Client is not expressly authorized to access. For purposes of this
section, "disruption" includes, but is not limited to port scans, flood pings, packet spoofing and
forged routing information.
Executing any form of network monitoring which will intercept data not intended for the Clients
server.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than the Clients host (for example, denial of
service attack).
Using any program script/command, or sending messages of any kind, designed to interfere with
or to disable, a user’s terminal session, via any means, locally or via the Internet.
Failing to comply with the Imaginuity's procedure relating to the activities of clients on the
Imaginuity or Host premises.
8.3.3 Billing
Furnishing false or incorrect data on the order form, contract or online application, including
fraudulent use of credit card numbers.
Attempting to circumvent or alter the processes or procedures to measure time, bandwidth
utilization, or other methods to document "use" of Imaginuity's Services and Products.
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8.3.4 Electronic Mail
Sending unsolicited mail messages, including the sending of bulk mail or other advertising
material to individuals who did not specifically request such material, who were not previous
customers of the Client or with whom the Customer does not have an existing business
relationship ("E‐mail spam").
Harassment, whether through language, frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E‐mail address other than that of the poster's account or
service with the intent to harass or to collect replies.
Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
Use of unsolicited E‐mail originating from within the Host or Imaginuity's network or networks
of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Host
or Imaginuity, or connected via the Host or Imaginuity's network.
8.3.5 Usenet Newsgroups
Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup
Spams").
Posting chain letters of any type.
Posting encoded binary files to newsgroups not specifically named for that purpose.
Cancellation or superseding of posts other than your own.
Forging of header information.
Solicitations of mail for any other E‐mail address other than that of the poster's account or
service, with intent to harass or to collect replies.
8.4 Enforcement
Imaginuity may immediately suspend and/or terminate the Clients service for violation of any provision of the
Acceptable Use Policy upon verbal or written notice, which notice may be provided by voicemail or E-mail.
However, the Imaginuity attempts to work with the Client to cure violations of the Acceptable Use Policy and
to ensure that there is no re-occurrence of violations prior to suspension and/or termination.
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9 Service Level Agreements
9.1 Network Guarantee
Imaginuity offers a 99.95% uptime guarantee on all internal network and datacenter related services (i.e.
bandwidth, routers, switches, hubs, cabling, DNS servers, electrical, air conditioning, datacenter security,
and centralized servers operated for customer support). The following schedule outlines the uptime
guarantee and the service credit schedule. Normal scheduled maintenance and upgrades are not
covered in the uptime guarantee.
9.2 Uptime Service Credit Per Month
Uptime Service Credit Per Month
99.95% Guaranteed
99.80% 5%
99.50% 8%
99.30% 10%
9.3 Hardware Guarantee
Imaginuity guarantees the functioning of all leased hardware components and will replace any failed
component at no cost to the customer. Hardware replacement will begin immediately upon identification
of the hardware failure and is guaranteed to be complete within 6 hours of problem identification.
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related
hardware included under the server lease.
Hardware Downtime Service Credit Per Month
2 hours Guaranteed
3 hours 5%
4 hours 8%
6 hours 10%
9.4 Scheduled Maintenance
The scheduled maintenance and upgrade window for all clients will be performed from 2:00am to 6:00am
central standard time. Notification from Imaginuity administrative staff will occur at least 48 hours prior to
work performed. Notification failure of normal maintenance by Imaginuity staff will result an application of
the uptime guarantee. Imaginuity shall not be liable for failure or delay in performing its obligations
hereunder if such failure or delay is due to external circumstances beyond its reasonable control,
including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications, failure of third party software or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision of the Services. Imaginuity
agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will
Imaginuity be held liable for any financial or other damages due to such interruptions. In no event shall
Imaginuity be liable to Client or any other person for any special, incidental, consequential or punitive
damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of
income or cost of replacement services.
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10 Maintenance Support
Standard Support – Imaginuity will start the 12 month maintenance program after website launch. At the
end of the agreement, Imaginuity and The Town of Prosper will have the ability to evaluate the budgeted
hours and make adjustments to ensure efficiency and the loss of unused hours.
Imaginuity will provide support with 10 hours of support/maintenance per quarter to be billed quarterly in
advance. There is no rollover, banking or advance usage of hours. The hours must be used in the month
they are allocated to.
Customer Alterations Requests or New Scopes of Work: Any alterations will be charged for at current
hourly rates. Imaginuity's 2014 billable hourly rate is $120.00 per hour. Items and services considered
new scope of work: design changes, content or copywriting services, photoshop services, photo re-
touching and resizing, illustration, Flash design and development, HTML work, content management
system (CMS) changes and modifications, source code changes and modifications, database
development, and project/account management.
11 Hosting Fees
Term: 12 month
Cost: $250 per month billed quarterly in advance $750 per quarter
Total Annual Cost: $3,000
12 Maintenance Fees
Term: 12 month
10hrs per quarter at $100hr = $1,000
Cost: $1,000 per quarter to be billed quarterly in advance
Total Annual Cost: $4,000
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13 Acceptance of the Agreement
IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have executed
this Agreement as of the date signed below, (the “Effective Date”). The Client authorizes Imaginuity to
proceed with the execution of the services and products described in this Agreement.
Imaginuity Signature
Gary T. Hooker
The Town of Prosper Authorized Signature
Harlan Jefferson
Printed Name
Partner
Printed Name
Town Manager
Title
9.11.2014
Title
Date Date
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Consider and act upon an ordinance rezoning 60.9± acres, located 2,000± feet south of First
Street, 3,000± feet west of Dallas Parkway, from Planned Development-47 (PD-47) to Planned
Development-Single Family-10 (PD-SF-10). (Z14-0013).
Description of Agenda Item:
On September 23, 2014, the Town Council approved zoning case Z14-0013, by a vote of 7-0.
Town staff has prepared an ordinance rezoning the property.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council adopt an ordinance rezoning 60.9± acres,
located 2,000± feet south of First Street, 3,000± feet west of Dallas Parkway, from Planned
Development-47 (PD-47) to Planned Development-Single Family-10 (PD-SF-10).
Proposed Motion:
I move to adopt an ordinance rezoning 60.9± acres, located 2,000± feet south of First Street,
3,000± feet west of Dallas Parkway, from Planned Development-47 (PD-47) to Planned
Development-Single Family-10 (PD-SF-10).
Prosper is a place where everyone matters.
PLANNING
Item 5c
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 60.91 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-47 (PD-47) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-SINGLE FAMILY-10 (PD-SF-10); DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from 110
Prosper Property, LP (“Applicant”) to rezone 60.91 acres of land, more or less, situated in the
Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below-described property containing 60.91 acres of
land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the
Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways
contiguous and/or adjacent thereto is hereby rezoned as Planned Development-Single Family-
10 (PD-SF-10). The property as a whole and the boundaries for each zoning classification are
Item 5c
Ordinance No. 14-__, Page 2
more particularly described in Exhibit “A” attached hereto and incorporated herein for all
purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as
Exhibit “C”; 3) the conceptual development plan requirements, attached hereto as Exhibit “D”;
and 4) the development schedule, attached hereto as Exhibit “E”, which are incorporated herein
for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may
be amended.
Two (2) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Item 5c
Ordinance No. 14-__, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14th DAY OF OCTOBER, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5c
6
:1260.83'6
(
38.04'6
:335.89'6
:312.66'6
:1138.45'1
(650.09'1
:426.27'1
(1241.69'1
(1529.41'
BEING a parcel of land situated in the Town of Prosper, Collin County, Texas, a part of the Collin County School
Land Survey, Abstract No. 147, and being a part of that called 55.50 acre tract of land described in a special warranty
deed to 110 Prosper Property, L.P., as recorded in Document No. 20091218001516510, Official Public Records of
Collin County, Texas, and being a part of that called 55.44 acre tract of land described in a special warranty deed to
110 Prosper Property, L.P., as recorded in Document No. 20091221001521410, Official Public Records of Collin
County, Texas, and being further described as follows:
BEGINNING at the northwest corner of said 55.50 acre tract of land;
THENCE North 89 degrees 27 minutes 14 seconds East, 1529.41 feet to the northeast corner of said 55.44 acre tract
of land;
THENCE along the east line of said 55.44 acre tract of land as follows:
South 00 degrees 13 minutes 08 seconds West, 1260.83 feet to a point for corner;
South 89 degrees 32 minutes 42 seconds East, 38.04 feet to a point for corner;
South 00 degrees 28 minutes 11 seconds West, 335.89 feet to a point for corner;
South 00 degrees 23 minutes 22 seconds West, 312.66 feet to a point for corner;
THENCE South 89 degrees 51 minutes 56 seconds West, 1138.45 feet to a point for corner in the west line of said
55.50 acre tract of land;
THENCE along the west line of said 55.50 acre tract of land as follows:
North 00 degrees 26 minutes 20 seconds East, 650.09 feet to a point for corner;
North 89 degrees 25 minutes 08 seconds West, 426.27 feet to a point for corner;
North 00 degrees 05 minutes 38 seconds East, 1241.69 feet to the POINT OF BEGINNING and containing
60.914 acres of land.
“This document was prepared under 22 TAC 663.23, does not reflect the results of an on the ground survey, and is not
to be used to convey or establish interests in real property except those rights and interests implied or established by
the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.”
____________________________
Dan B. Ramsey, R.P.L.S. No. 4172
June 23, 2014
Item 5c
WINDRIDGE SEPT 11, 2014
EXHIBIT B
WINDRIDGE
STATEMENT OF INTENT AND PURPOSE
Windridge is intended to be a high quality, single family neighborhood which is compatible with its
surrounding uses. The neighborhood’s proximity to the Dallas North Tollway will provide an opportunity
to create a place that has the quality of life Prosper residents expect as well as easy access to other areas
in the Dallas-Fort Worth Metro-plex.
Item 5c
WINDRIDGE SEPT 11, 2014
EXHIBIT C
WINDRIDGE (#Z14-0013)
PLANNED DEVELOPMENT STANDARDS
The property shall be developed in accordance with the Single Family-10 (SF-10) District and the
regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20) as it currently exists or may be
amended, except as otherwise set forth in these Development Standards.
1.0 GENERAL STANDARDS
1.01 The design and development of the Windridge community shall take place in general accordance
with Exhibit D.
1.02 A minimum 40’ landscape buffer shall be provided adjacent to all arterial streets identified on the
Prosper Thoroughfare Plan. The buffer shall be located in a private “non-buildable” lot that is
owned and maintained by the HOA. All plantings, screening walls, and design elements shall
comply with the Town’s Subdivision Ordinance as it exists or may be amended.
1.03 The open spaces and detention areas shown on the Concept Plan shall be landscaped and
maintained by the Homeowners Association.
2.0 RESIDENTIAL STANDARDS
2.01 Minimum Lot Width: 80’. On cul-de-sacs and/or elbows, the minimum lot width shall be 70’.
The minimum street frontage for all lots at the front property line shall be 40’.
2.02 Minimum Lot Depth: 120’. On cul-de-sacs and/or elbows, the minimum lot depth shall be 110’.
2.03 Minimum Dwelling Area: 2,500 square feet.
3.0 BUILDING STANDARDS
3.01 All homes shall provide an exterior lighting package to illuminate the fronts of homes. The
package shall include a minimum of 2 up or down lights to accent building architectural and/or
landscape features. Security lighting may not be substituted for accent lighting.
3.02 Home elevations shall alternate at a minimum of every 4 homes on the same side of a street and
every 3 homes on the opposite sides of a street.
3.03 All fencing located on single family lots adjacent to open spaces shall consist of ornamental
metal/tubular steel.
3.04 All wooden fencing shall be 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.
3.05 Privacy fences on single family residential lots shall be located no closer to the front property line
than 10’ behind the front elevation of the house and shall not exceed 8’ in height above grade.
3.06 Homes on a minimum of 2/3 of the single family lots within the community shall utilize swing in
garages. For purposes of this item, when garages for 3 cars are provided and the 2 car garage is a
swing in garage, the home shall be considered as to have provided a swing in garage.
3.07 Garage Doors:
A. Garage doors shall be cedar clad and stained.
B. Except for garage doors provided on swing in garages, garage doors shall not be located
closer to the street than the primary front façade of the home.
3.08 Carports shall be prohibited.
Item 5c
WINDRIDGE SEPT 11, 2014
3.09 Driveways: Enhanced paving treatments shall be provided for all driveways and shall consist of
one of the following, or other treatment as approved by the Director of Development Services.
A. Stamp and stain/patterned concrete (must be dust-on color application to wet concrete).
B. Acid-etched colored concrete for the field with scored smooth colored borders (must use
dust-on color application to wet concrete).
C. Colored concrete with scored smooth border (must use dust-on color application to wet
concrete).
D. Brick or interlocking pavers or pave stone.
Item 5c
6
:1260.83'6
(
38.04'6
:335.89'6
:312.66'6
:1138.45'1
(650.09'1
:426.27'1
(1241.69'1
(1529.41'
Item 5c
WINDRIDGE SEPT 11, 2014
EXHIBIT E
WINDRIDGE
DEVELOPMENT SCHEDULE
It is anticipated that construction of the Windridge neighborhood will begin January 2015. Phase 2 of the
neighborhood will start when market conditions dictate.
Item 5c
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Consider and act upon an ordinance for a Specific Use Permit (SUP) for a New Automobile
Sales/Leasing facility, on 16.1± acres, located on the north side of US 380, 4,000± feet west of
Dallas Parkway. The property is zoned Planned Development-43 (PD-43). (S14-0003).
Description of Agenda Item:
On September 23, 2014, the Town Council approved SUP case S14-0003, by a vote of 6-1,
subject to the following conditions:
1. No outdoor intercoms, speakers or sound amplification devices shall be utilized on the property;
2. Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay; and
3. After-hours reduction of outdoor lighting, at 90% at midnight.
In regard to condition #2, subsequent to approval at the September 23, 2014, Town Council
meeting, the applicant provided a description of their operations and is in agreement that all
automobile repairs, “make-ready”, and detail services, which take place within the footprint of
the main building shall have automatic door closing devices for such garages or bays.
However, due to the fact that the public hearing discussion related to the automatic door closing
devices for garages and bays did not include the stand-alone car wash, the applicant has
requested that condition #2 be modified to exclude the automatic car wash, and read, “Any
structures with a garage or bay shall include an automatic door closing device for such garage
or bay, exclusive of the Automatic Car Wash.”
In regard to condition #3, based on the public hearing discussions, the intent of the outdoor
lighting provision was to reduce the emitted outdoor light after midnight, by 90%, to 10%. In
order to provide clarification, staff recommends condition #3 be modified to read, “After-hours
reduction of outdoor lighting, by 90%, to 10%, at midnight.”
Town staff has prepared an ordinance granting the SUP that reflects the original conditions of
approval from the September 23, 2014, Town Council meeting.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
Prosper is a place where everyone matters.
PLANNING
Item 5d
Page 2 of 2
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council consider amended conditions #2 and #3 as
described above, prior to adoption of the SUP ordinance.
Once the Town Council has considered the previous items, Town staff recommends the Town
Council approve an ordinance for a Specific Use Permit (SUP) for a New Automobile
Sales/Leasing facility, on 16.1± acres, located on the north side of US 380, 4,000± feet west of
Dallas Parkway, subject to the following conditions:
1. Revise condition #2 of the proposed ordinance to clarify, “Any structures with a garage or
bay shall include an automatic door closing device for such garage or bay, exclusive of the
Automatic Car Wash.”
2. Revise condition #3 of the proposed ordinance to clarify, “After-hours reduction of outdoor
lighting, by 90%, to 10%, at midnight.”
Proposed Motion:
I move to approve an ordinance for a Specific Use Permit (SUP) for a New Automobile
Sales/Leasing facility, on 16.1± acres, located on the north side of US 380, 4,000± feet west of
Dallas Parkway, subject to the following conditions:
1. Revise condition #2 to clarify, “Any structures with a garage or bay shall include an
automatic door closing device for such garage or bay, exclusive of the Automatic Car
Wash.”
2. Revise condition #3 to clarify, “After-hours reduction of outdoor lighting, by 90%, to 10%, at
midnight.”
Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
GRANTING A SPECIFIC USE PERMIT (SUP) FOR A NEW AUTOMOBILE
SALES/LEASING FACILITY, LOCATED ON A TRACT OF LAND CONSISTING
OF 16.06 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from NWC
Lovers/380, LLC (“Applicant”) for a Specific Use Permit (SUP) to allow for a New Automobile
Sales/Leasing Facility on a tract of land zoned Planned Development-43 (PD-43), consisting of
16.06 acres of land, more or less, situated in the Collin County School Land Survey, Abstract
No. 147, in the Town of Prosper, Collin County, Texas, and being particularly being described in
Exhibit “A,” attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, public hearings have been held, and all other
requirements of notice and completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Specific Use Permit Granted. Zoning Ordinance No. 05-20 is amended as follows:
Applicant is granted a Specific Use Permit (SUP) to allow the operation of a New Automobile
Sales/Leasing Facility, on a tract of land zoned Planned Development-43 (PD-43), consisting of
16.06 acres of land, more or less, situated in the Collin County School Land Survey, Abstract
No. 147, in the Town of Prosper, Collin County, Texas, and being particularly being described in
Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim.
Item 5d
Ordinance No. 14-__, Page 2
The property shall continue to be used in a manner consistent with the conditions expressly
stated in the site plan attached hereto as Exhibit “B,” landscape plan attached hereto as Exhibit
“C,” and façade plan attached hereto as Exhibit “D,” which is incorporated herein for all
purposes as if set forth verbatim, subject to the following conditions of approval by the Town
Council:
1. No outdoor intercoms, speakers or sound amplification devices shall be utilized on the
property;
2. Any structures with a garage or bay shall include an automatic door closing device for
such garage or bay; and
3. After-hours reduction of outdoor lighting, at 90% at midnight.
Except as amended by this Ordinance, the development of the Property within this Specific Use
Permit (SUP) shall comply fully with the requirements of all ordinances, rules, and regulations of
the Town of Prosper, as they currently exist or may be amended.
Two (2) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
Item 5d
Ordinance No. 14-__, Page 3
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14h DAY OF OCTOBER, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5d
Variable width ROW
Doc. No. 20140108000020390 OPRCCT
Doc. No. 20080303000247320 OPRCCT
Doc. No. 20130114000054790 OPRCCT
Variable width ROWPOINT OF
BEGINNING
H
TRON
Scale: 1" = 60' September, 2014 SEI Job No. 14-088
LEGEND
1/2" IRON ROD WITH PLASTIC CAP STAMPED
"SPIARSENG" SET, UNLESS OTHERWISE NOTED
IRON ROD FOUND
CAPPED IRON ROD FOUND
IRON PIPE FOUND
ALUMINUM MONUMENT FOUND
CONTROL MONUMENT
EASEMENT
UTILITY
DRAINAGE EASEMENT
DRAINAGE AND UTILITY EASEMENT
UTILITY EASEMENT
WATER EASEMENT
SANITARY SEWER EASEMENT
SIDEWALK EASEMENT
STREET EASEMENT
FIRELANE, ACCESS, & UTILITY EASEMENT
WASTE WATER EASEMENT
RIGHT-OF-WAY
BUILDING LINE
CABINET
VOLUME
PAGE
NUMBER
NOT TO SCALE
INSTRUMENT OR DOCUMENT
DEED RECORDS, COLLIN COUNTY, TEXAS
PLAT RECORDS, COLLIN COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121
Contact: Kevin Wier
LOCATION MAP
1" = 1000'
PROJECT
LOCATION
METES AND BOUNDS DESCRIPTION
EXHIBIT "A"
GST PROSPER
BLOCK A, LOT 1
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN CO. SCHOOL LAND SURVEY, ABST. NO. 147
16.061 Acres (Gross)/15.121 Acres (Net)
Current Zoning: CC (Commercial Corridor) PD-43
OWNER / APPLICANT
NWC Lovers/380, LLC
83 Abbey Woods
Dallas, TX 75248
Telephone: (214) 801-5020
Contact: Brett Blakey
Item 5d
Variable width ROW
Doc. No. 20140108000020390 DRCCT
Doc. No. 20080303000247320 DRCCT
Doc. No. 20130114000054790 DRCCTVariable width ROWH
TRON
Scale: 1" = 50' September, 2014 SEI Job No. 14-088
LEGEND
1/2" IRON ROD WITH PLASTIC CAP STAMPED
"SPIARSENG" SET, UNLESS OTHERWISE NOTED
IRON ROD FOUND
CAPPED IRON ROD FOUND
IRON PIPE FOUND
ALUMINUM MONUMENT FOUND
CONTROL MONUMENT
EASEMENT
UTILITY
DRAINAGE EASEMENT
DRAINAGE AND UTILITY EASEMENT
UTILITY EASEMENT
WATER EASEMENT
SANITARY SEWER EASEMENT
SIDEWALK EASEMENT
STREET EASEMENT
FIRELANE, ACCESS, & UTILITY EASEMENT
WASTE WATER EASEMENT
RIGHT-OF-WAY
BUILDING LINE
CABINET
VOLUME
PAGE
NUMBER
NOT TO SCALE
INSTRUMENT OR DOCUMENT
DEED RECORDS, COLLIN COUNTY, TEXAS
PLAT RECORDS, COLLIN COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121
Contact: Kevin Wier
LOCATION MAP
1" = 1000'
PROJECT
LOCATION
EXHIBIT "B"
GST PROSPER
BLOCK A, LOT 1
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN CO. SCHOOL LAND SURVEY, ABST. NO. 147
16.061 Acres (Gross)/15.121 Acres (Net)
Current Zoning: CC (Commercial Corridor) PD-43
OWNER / APPLICANT
NWC Lovers/380, LLC
83 Abbey Woods
Dallas, TX 75248
Telephone: (214) 801-5020
Contact: Brett Blakey
Item 5d
Item 5d
Item 5d
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for
Geographic Information System (GIS) services between the Town of Prosper and the City of
Frisco.
Description of Agenda Item:
Since 2003, the Town of Prosper has contracted with the City of Frisco for the provision of GIS
services to the Town. The current Interlocal Agreement (ILA) with Frisco expired at the end of
September 2014. Staff has attached an ILA with Frisco to provide GIS services through
September 2015. A Statement of Work is attached to the ILA.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements for the performance of
governmental functions and services, including administrative functions normally associated
with the operation of government.
Budget Impact:
Approval of this agreement obligates the Town to pay Frisco $53,040 divided into four equal
quarterly payments for the provision of GIS services. In FY 2013-2014 the cost of the GIS
services was $52,000; therefore, this agreement reflects the 2% cost increase of services. The
Planning Division budget includes $55,000 for GIS services.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Interlocal Agreement
2. Statement of work
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute an
Interlocal Agreement for GIS services between the Town of Prosper and the City of Frisco.
Prosper is a place where everyone matters.
PLANNING
Item 5e
Page 2 of 2
Proposed Motion:
I move to authorize the Town Manager to execute an Interlocal Agreement for Geographic
Information System (GIS) Services between the Town of Prosper and the City of Frisco.
Item 5e
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS
AND THE TOWN OF PROSPER, TEXAS
(Geographic Information Systems Services)
THIS AGREEMENT (the “Agreement”), made and entered into this _____ day of
October, 2014, by and between the CITY OF FRISCO, TEXAS (“Frisco”), a municipal
corporation, and the TOWN OF PROSPER (“Prosper”), a municipal corporation.
WHEREAS, Frisco has investigated and determined that it would be advantageous and
beneficial to Frisco and its citizens to provide Geographic Information System (“GIS”) services
to Prosper; and
WHEREAS, Prosper has investigated and determined that it would be beneficial to
Prosper and its citizens to employ Frisco for the purpose of providing GIS services for Prosper;
and
WHEREAS, Prosper has investigated and determined that GIS services will be used to
develop and maintain a database and materials that will be beneficial in attracting future
economic development to Prosper; and
WHEREAS, Prosper has investigated and determined that Frisco has adequate personnel
and equipment to provide the necessary GIS services; and
WHEREAS, Prosper has investigated and determined that obtaining GIS services from
Frisco, as set forth below, will be the most efficient use of funds for GIS services; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
(the “Act”), provides the authority to political subdivisions for contracts by and between each
other to facilitate the governmental functions and services of said political subdivisions under the
terms of the Act.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Frisco and Prosper agree as follows:
1. Obligations of Prosper.
Prosper will provide to Frisco the materials included in the Statement of Work, attached
hereto as Exhibit “A” and incorporated herein for all purposes, in accordance with the project
schedule included in Exhibit “A”.
2. Obligations of Frisco.
A. Frisco will provide the GIS services outlined in Exhibit “A” in accordance with the
project schedule included in Exhibit “A”.
Item 5e
B. The electronic data created by Frisco as outlined in Exhibit “A” will be the property of
Prosper and Frisco and shall be provided to Prosper periodically upon written request
and/or upon termination of this agreement.
3. Compensation. Prosper shall pay to Frisco $53,040.00 as compensation for the GIS services
provided to Prosper in accordance with this Agreement. The compensation shall be divided
into four (4) quarterly equal payments.
4. Term/Termination. The term of this Agreement shall commence on the date established
above and shall continue in effect until September 30, 2015. It is the intent of both parties to
extend this agreement through the 2015-2016 fiscal year. At the time of execution of this
agreement, the statement of work for Fiscal Year 2015-2016 had not been determined, nor
had the compensation for such work been calculated. Prior to the termination of this
agreement, the parties shall complete the determination of the Fiscal Year 2015-2016
statement of work and the compensation calculations for such work and negotiate an
extension to this agreement to September 30, 2016. Similar extensions shall be negotiated
near the termination of each fiscal year until such time as either party desires to terminate the
agreement.
5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered, whether or not actually received, when deposited in the United States Mail,
postage pre-paid, certified mail, return receipt requested, addressed to either party, as the
case may be, at the addresses contained below:
City: City of Frisco
Attn: City Manager
6101 Frisco Square Blvd
Frisco, Texas 75034
Town: Town of Prosper
Attn: Town Manager
P.O. Box 307
Prosper, TX 75078
6. Miscellaneous.
A. Assignment. This Agreement is not assignable without the prior written consent of the
Parties.
B. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the parties hereto.
Item 5e
C. Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
F. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for
the same to be an authorized and binding agreement on the party for whom the individual
is signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the date hereof.
G. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
H. Representations. Each signatory represents this Agreement has been read by the party
for which this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally
by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply. Headings in this Agreement
are for the convenience of the parties and are not intended to be used in construing this
document.
J. Pursuit of a Governmental Function. Both Frisco and Prosper have determined by
their execution of this Agreement that this Agreement and the obligations of the parties
contained herein are in discharge of a governmental function as set forth in the Interlocal
Cooperation, Chapter 791, Texas Government Code, and the participation by either party
in the terms of this Agreement shall not make such party an agent or representative of the
other party.
K. Sovereign Immunity. The parties agree that neither Frisco nor Prosper has waived its
sovereign immunity by entering into and performing their respective obligations under
this Agreement.
Item 5e
L. Binding Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. No third party
shall have any rights herein.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF FRISCO, TEXAS
By: ________________________ Date: ___________
Name: ______________________
Title: _______________________
THE TOWN OF PROSPER, TEXAS
By: ________________________ Date: ___________
Name:______________________
Title: _______________________
Item 5e
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
_________________________, known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the CITY OF FRISCO, TEXAS, and he/she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____day of ___________,
2014.
_______________________________________
Notary Public in and for the
State of Texas
My Commission Expires:
_______________________________________
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
____________________________ known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of __________,
2014.
_______________________________________
Notary Public in and for the
State of Texas
My Commission Expires:
_______________________________________
Item 5e
EXHIBIT A
Statement of Work
GIS Services for Town of Prosper
City of Frisco, GIS
FY15
Introduction
This Statement of Work (SOW) sets forth requirements of Town of Prosper for implementation
of work, including the maintenance of GIS Base Layers, maintenance of end user GIS software,
Mapping Services.
Maintain GIS Base Layers
Prosper has requested the following data layers be maintained:
1. Parcel
2. TaxRoll
3. Water
4. Sewer
5. Storm
6. Roads
7. Zoning
8. Addresses
9. Annexation
10. Subdivision
11. Hunting Layer
12. Town Limits
13. ETJ
14. Public facilities
15. Parks
16. Schools
17. Final Plats
18. Sex Offender Locations
19. Sex Offender Free Zones
20. Developer Agreements
21. Trash Days
Maintain End User GIS Software
Prosper has requested the maintenance of the ArcReader or online solution.
Mapping Services
Prosper has requested “on demand” as well as ongoing mapping services.
Work To Be Performed
Maintain GIS Base Layers
Prosper will provide Frisco Final Plats, in both PDF and AutoCAD formats. Frisco will enter
these Final Plats into the GIS base layer.
Frisco will engage RAMTeCH Corporation for a continuation of the current data conversion
contract.
Prosper will provide Frisco AsBuilts, in both PDF and AutoCAD formats, along with any GPS
data collected, to be converted by RAMTeCH within 2 weeks of receipt by Prosper. To maintain
efficiencies, Frisco will be sending these plans to Ramtech in bulk deliveries upon receipt of at
least 6 plans or every 3 months whichever occurs first. Prosper will provide Frisco with an
average of 3 Zoning changes and/or new ordinances per month for input into the GIS.
Item 5e
Prosper will provide Frisco with an average of 2 Annexation changes and/or new ordinances per
month for input into the GIS.
Prosper will provide Frisco with legal descriptions of all Zoning and Annexation cases for
verification prior to Town Council approval.
Maintain End User GIS Software
Frisco will provide support for the online mapping application for internal use only.
Mapping Services
Prosper has requested the following maps be made available on an ongoing basis. In
addition, Prosper has requested these maps in digital (PDF) format.
Quantity Frequency
Zoning Maps 7 Quarterly
Street/Subdivision Maps 20 Quarterly
Annexation Maps 7 Quarterly
Wet Dry Maps 5 2 x per year
Fire Map Book (PDF) 0 6-8 x per year
Sex Offender Maps 3 1-2 x per year
Developer Agreement Maps 3 1-2 x per year
Prosper has requested “on demand” mapping services to be provided as needed. The
mapping services will not exceed and average of 8 hours per month.
Item 5e
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 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 October 7, 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 the Shops at Prosper Trial.
2. Site plan for the Shops at Prosper Trail.
3. Site plan for Prosper Retail.
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5f
Item 5f
Item 5f
Item 5f
Item 5f
09/29/2014114389
JOSHUA A. LINCOLN
RKM & Associates, Inc.
&RS\ULJKW)LUP1R)
PROSPER RETAIL - LOT 10 - TOWN OF PROSPER, TEXAS - RKM PROJECT NO. 1048-005SITE PLANSeptmber 29, 2014CIVIL ENGINEER:RKM & Associates, Inc.1700 Alma Drive, Suite 227Plano, Texas 75075Tel. No. (469) 361-1416Fax (972) 361-2485Contact: Joshua A. Lincoln, P.E.OWNER / APPLICANT:PROSPER RETAILLOT 10, BLOCK A1.30 ACRESSITUATED IN THEJEREMIAH HORN SURVEY, ABSTRACT NO. 411TOWN OF PROSPER, COLLIN COUNTY, TEXASRosebriar Prosper Plaza, L.P.P.O. Box 541208Dallas, Texas 75354Tel. No. (214) 902-2287Contact: William R. Hanks"PD-25"56,414 s.f. 1.30 Ac.RETAIL / RESTAURANTItem 5f
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Consider and act upon approving the purchase of lighting and installation services for the Frontier
Park Southwest Corner and Batting Cage Lighting project, from Musco Sports Lighting, LLC,
through the Texas Local Government Purchasing Cooperative.
Description of Agenda Item:
At the Town Council's January 29, 2014, Strategic Planning Session, staff was given direction to
begin moving forward to pursue adding the additional lights at Frontier Park. The first project was
the additional lighting for the soccer fields at Frontier Park east of the concession stands. Future
lighting projects at Frontier Park include lighting the southern area for the soccer fields at the
southeast corner of Frontier Park and lighting of the southwest corner of Frontier Park practice
fields. During the construction project of the southwest corner practice fields, a change order to
include conduit for the lights was issued to save costs to install them now instead of during the
project which would require Musco to come and bore under the existing irrigation. During the
September 23, 2014, Town Council meeting, the funding of the southwest corner and batting cage
lighting was approved with the FY 2014-2015 Budget.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation of
government (such as purchasing necessary materials and equipment). The Town of Prosper
entered into an interlocal participation agreement in June 2005, providing the Town’s participation
in the Texas Local Government Purchasing Cooperative. Participation in the cooperative
purchasing program allows our local government to purchase goods and services from the
cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding
requirements.
Budget Impact:
The total cost of the lighting and installation services is $407,747. The total budget for the project is
$425,000, which includes a $17,253 contingency. $425,000 will be funded from the FY 2014-2015
General Fund that was approved at the September 23, 2014, Town Council meeting.
Attached Documents:
1. Musco Lighting BuyBoard Quote
2. Location Maps
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 5g
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve the purchase of lighting and installation
services for the Frontier Park Southwest Corner and Batting Cage Lighting project, from Musco
Sports Lighting, LLC, through the Texas Local Government Purchasing Cooperative.
Proposed Motion:
I move to approve the purchase of lighting and installation services for the Frontier Park Southwest
Corner and Batting Cage Lighting project, from Musco Sports Lighting, LLC, through the Texas
Local Government Purchasing Cooperative.
Item 5g
Musco Sports Lighting, LLC 2009, 2012 M-1290-enUS-3 1
Frontier Park Southwest Multipurpose Area and Batting Cage Lighting
Prosper, Texas
Buy Board Quote
Park and Rec. Field Lighting Contract #423-13 Expiration Date: 9/30/2016
Equipment Description
Light-Structure Green™ System delivered to your site in Five Easy Pieces™
• 9 - Pre-cast concrete bases
• 4 – 80’, 4 – 70’ and 1 – 50’ Galvanized steel poles
• UL Listed remote electrical component enclosure
• Pole length wire harness
• 76 - Factory-aimed and assembled luminaires
• Painting the poles, remote ballast enclosures, crossarms and fixtures dark bronze to match other
Musco lighting equipment throughout the park.
Also Includes:
• Energy savings of more than 50% over a standard lighting system
• 50% less spill and glare light than Musco’s prior industry leading technology
• Musco Constant 25™ warranty and maintenance program that eliminates 100% of your maintenance
costs for 25 years, including labor and materials
• Guaranteed constant light level of 30 footcandles for 25 years
• 1 group re-lamp at the end of the lamps’ rated life, 5000 hours
• Reduced energy consumption
• Control Link ® Control & Monitoring System for flexible control and solid management of your lighting
system
• Lighting Contactors
• Player Activation for the batting cage lighting
• Installation of Musco equipment and electrical for a fully operational system
• Designs and Plans
• Bonding and insurance
Quote
Musco’s Light Structure Green™ as described above
Southwest Area and Batting Cage Musco Equipment…………($27,246 per pole)..……………… $245,214
Adder for powder-coat paint to match the existing equipment at the park………………………….. $50,441
Installation…………………………………………………………………………………………………. $108,352
Bonding……………………………………………………………………………………………………. $3,740
Total…………………. $407,747
Pricing furnished is effective until December 31, 2014 and is considered confidential.
Item 5g
Musco Sports Lighting, LLC 2009, 2012 M-1290-enUS-3 2
Payment Terms
To be determined.
Musco will attempt to coordinate shipment so that delivery corresponds with the customer’s payment schedule.
We will expect payment within the terms described above unless there is a written statement from Musco’s
corporate headquarters stating the acceptance of different terms.
• Delivery to the job site from the time of order, submittal approval, and confirmation of order details
including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom
light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole
locations after the product is sent to production could result in additional charges.
Notes
Quote is based on:
• Shipment of entire project together to one location
• Structural code and wind speed = 2009 IBC, 90 MPH
• Confirmation of pole locations prior to production
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Chris Johnson
Sales Representative
Musco Sports Lighting, LLC
3300 Madeleine
Cell: 214-733-2927
E-mail: chris.johnson@musco.com
Fax: 800-374-6402
Item 5g
57 ACRES(2007)()23 ACRES(2010)(2010)Southwest CornerFrontier Park Master PlanItem 5g
Lit Area60’ BufferLight PoleSouthwest corner of Frontier ParkItem 5g
Page 1 of 3
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending Section 8,
“Changes and Amendments to All Zoning Ordinances and Districts and Administrative
Procedures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the Zoning
Ordinance, Ordinance No. 05-20, as amended, regarding procedures for denial
recommendations by the Planning and Zoning Commission, written protest procedures and
petitions in opposition to a zoning amendment, and officers of the Board of Adjustment, their
appointment and duties; and repealing existing provisions related thereto. (Z14-0014).
Description of Agenda Item:
Town staff recommends the Town Council consider amendments to three sections of Chapter 1,
Section 8 of the Zoning Ordinance, as follows:
1. Section 8.4, “Commission Consideration and Report,” Subsection B, “Proposal
Recommended For Denial By The Commission”
The proposed changes to Section 8.4 are in regard to instances when the Planning & Zoning
Commission recommends denial of a zoning change request. Currently, the Zoning Ordinance
requires that when the Planning and Zoning Commission recommends denial, the request will
not be forwarded to the Town Council until 1) the applicant files a written appeal to the Town
Council or 2) the Commission, by a simple majority vote, sends the request to Council for review.
The Zoning Ordinance further requires the affirmative vote of four (4) Councilmembers to
overrule a recommendation for denial by the Commission.
Section 9.03 of the Town Charter, requires the affirmative vote of a majority of the Town Council
present to overrule a denial recommendation of the Commission. The Charter does not require
an appeal process. To eliminate any potential conflicts between the Charter and the Zoning
Ordinance and to eliminate the burden on the applicant to file a written appeal, Staff recommends
the Zoning Ordinance be amended to reflect the affirmative vote of a majority of the Town
Council present to overrule a denial recommendation of the Commission and to remove the
requirement for a written appeal or vote by the Commission to forward the case to the Council.
Therefore, unless the applicant withdraws the application, the case will be automatically
forwarded to the Council.
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 3
2. Section 8.5, “Town Council Consideration,” Subsection C, “Three-Fourths Vote”
The proposed changes to Section 8.5 are in regard to written protest procedures and petitions in
opposition to a zoning amendment. Per State Law and the Zoning Ordinance, if the owners of
twenty percent (20%) or more of the land area within two-hundred feet (200’) of a proposed
zoning change request file opposition to the request, an affirmative vote of three-fourths (3/4) of
all members of the Town Council is required for approval.
Town staff is proposing to retain these requirements; however, supplemental provisions to these
requirements are proposed in order to provide clarification and parameters regarding the
processes and procedures for how and when the opposition to zoning change requests must be
filed and/or withdrawn. The proposed ordinance requires opposition to be filed with the Planning
Department before 5:00 p.m. on the fourth (4th) working day preceding the advertised Town
Council public hearing date. Additionally, once opposition has been filed, such opposition may
be withdrawn no later than the close of the public hearing. The proposed amendment will
prevent last minute filing of opposition and the uncertainty that is created when tabulating the
percentages from eligible property owners, resulting in a three-fourths (3/4) vote.
3. Section 8.6, “Board Of Adjustment,” Subsection B, “Officers”
The proposed changes to Section 8.6 are in regard to officers of the Board of Adjustment, their
appointment and their duties. It has been determined that the role of the Secretary can
effectively be accomplished by the Chair and/or Vice-Chair; therefore, Town staff recommends
the removal of the Secretary position as an officer of the Board. Additionally, in order to be more
consistent with other Town Boards and Commissions, and to create a more efficient appointment
process for a Chair and Vice-Chair of the Board, Town staff recommends that the Chair and
Vice-Chair be selected by a majority vote of the Board, as opposed to appointment of the Chair
and Vice-Chair by the Town Council.
Legal Obligations and Review:
Town staff has notified the public hearing as required by state law. Terrence Welch of Brown &
Hofmeister, L.L.P., has reviewed the amendments to the Zoning Ordinance as to form and
legality.
Attached Documents:
1. The proposed ordinance
2. Redlines to Chapter 1, Section 8 of the Zoning Ordinance
Planning & Zoning Commission Recommendation:
At their September 2, 2014, meeting, the Planning & Zoning Commission recommended the
Town Council approve an ordinance amending Section 8, “Changes and Amendments to All
Zoning Ordinances and Districts and Administrative Procedures,” of Chapter 1, “General
Provisions, Administration and Procedures,” of the Zoning Ordinance, Ordinance No. 05-20, as
amended, regarding procedures for denial recommendations by the Planning and Zoning
Commission, written protest procedures and petitions in opposition to a zoning amendment, and
officers of the Board of Adjustment, their appointment and duties; and repealing existing
provisions related thereto. The Commission’s recommendation contained the following
amendment in regard to filling written opposition
1. Revise the language in Section 8.5.C to read; “The protest must be filed with the Planning
Department before 5:00 p.m. of the third (3rd) working day immediately preceding the date
Item 7
Page 3 of 3
advertised for the Town Council public hearing in the statutory notice published in the official
newspaper of the Town”. The Commission wanted to provide an extra day for property owners to
file opposition.
The proposed ordinance, as drafted by the Town Attorney, contains the original
recommendation for filing opposition before 5:00 p.m. on the fourth (4th) working day preceding
the Town Council Public Hearing. The rationale for maintaining the original recommendation is
to ensure staff has adequate time to verify whether or not the opposition meets the
requirements of State Law. Since we rely on our contract with the City of Frisco’s GIS
Department to verify if the “20% opposition” has been met, it requires some time to receive this
verification. In addition, without receiving the request at least four (4) business days in advance
of the Town Council Public Hearing, it is difficult to place the most up-to-date information in the
Council’s packet.
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance amending Section 8,
“Changes and Amendments to All Zoning Ordinances and Districts and Administrative
Procedures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the Zoning
Ordinance, Ordinance No. 05-20, as amended, regarding procedures for denial
recommendations by the Planning and Zoning Commission, written protest procedures and
petitions in opposition to a zoning amendment, and officers of the Board of Adjustment, their
appointment and duties; and repealing existing provisions related thereto.
Proposed Motion:
I move to approve an ordinance amending Section 8, “Changes and Amendments to All Zoning
Ordinances and Districts and Administrative Procedures,” of Chapter 1, “General Provisions,
Administration and Procedures,” of the Zoning Ordinance, Ordinance No. 05-20, as amended,
regarding procedures for denial recommendations by the Planning and Zoning Commission,
written protest procedures and petitions in opposition to a zoning amendment, and officers of
the Board of Adjustment, their appointment and duties; and repealing existing provisions related
thereto.
Item 7
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, REPEALING EXISTING PART B, “PROPOSAL
RECOMMENDED FOR DENI AL BY THE COMMISSION,” OF
SUBSECTION 8.4, “COMMISSION CONSIDERATION AND REPORT,”
OF SECTION 8, “CHANGES AND AMENDMENTS TO ALL ZONING
ORDINANCES AND DISTRICTS AND ADMINISTRATIVE
PROCEDURES,” OF CHAPTER 1, “GENERAL PROVISIONS,
ADMINISTRATION AND PROCEDURES,” OF THE ZONING
ORDINANCE, ORDINANCE NO. 05-20, AS AMENDED, AND
REPLACING IT WITH A NEW PART B, “PROPOSAL RECOMMENDED
FOR DENIAL BY THE COMMISSION” REGARDING PROCEDURES
FOR DENIAL RECOMMENDATIONS BY THE PLANNING & ZONING
COMMISSION; REPEALING EXISTING PART C, “THREE-FOURTHS
VOTE,” OF SUBSECTION 8.5, “TOWN COUNCIL CONSIDERATION,”
OF SECTION 8, “CHANGES AND AMENDMENTS TO ALL ZONING
ORDINANCES AND DISTRICTS AND ADMINISTRATIVE
PROCEDURES,” OF CHAPTER 1, “GENERAL PROVISIONS,
ADMINISTRATION AND PROCEDURES,” OF THE ZONING
ORDINANCE, ORDINANCE NO. 05-20, AS AMENDED, AND
REPLACING IT WITH A NEW PART C, “THREE-FOURTHS VOTE”
REGARDING WRITTEN PROTEST PROCEDURES AND PETITIONS IN
OPPOSITION TO A ZONING AMENDMENT; REPEALING EXISTING
PART B, “OFFICERS,” OF SUBSECTION 8.6, “BOARD OF
ADJUSTMENT,” OF SECTION 8, “CHANGES AND AMENDMENTS TO
ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE
PROCEDURES,” OF CHAPTER 1, “GENERAL PROVISIONS,
ADMINISTRATION AND PROCEDURES,” OF THE ZONING
ORDINANCE, ORDINANCE NO. 05-20, AS AMENDED, AND
REPLACING IT WITH A NEW PART C, “OFFICERS,” REGARDING
OFFICERS OF THE BOARD OF ADJUSTMENT, THEIR
APPOINTMENT AND THEIR DUTIES; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the
Planning and Zoning Commission of the Town of Prosper, Texas, has recommended
amending the Town’s Zoning Ordinance to add provisions regarding procedures for
denial recommendations by the Planning & Zoning Commission, written protest
procedures and petitions in opposition to a zoning amendment, and officers of the Board
of Appeals and their duties; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing,
the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s
best interest and in furtherance of the health, safety, morals, and general welfare of the
citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein.
Item 7
Ordinance No. 14-__, Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Part B, “Proposal
Recommended for Denial by the Commission,” of Subsection 8.4, “Commission
Consideration and Report,” of Section 8, “Changes and Amendments to All Zoning
Ordinances and Districts and Administrative Procedures,” of Chapter 1, “General
Provisions, Administration and Procedures,” of the Zoning Ordinance, Ordinance No. 05-
20, as amended, is hereby repealed in its entirety and replaced with a new Part B,
“Proposal Recommended for Denial by the Commission,” to read as follows:
“B. Proposal Recommended for Denial by the Commission: The affirmative vote
of a majority of the Town Council present is required to overrule a recommendation of
the Commission that a proposed zoning amendment, supplement, or change be denied,
in accordance with the Town Charter, as it currently exists or may be amended.”
SECTION 3
From and after the effective date of this Ordinance, existing Part C, “Three-
Fourths Vote,” of Subsection 8.5, “Town Council Consideration,” of Section 8, “Changes
and Amendments to All Zoning Ordinances and Districts and Administrative
Procedures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the
Zoning Ordinance, Ordinance No. 05-20, as amended, is hereby repealed in its entirety
and replace with a new Part C, “Three-Fourths Vote,” to read as follows:
“C. Three-Fourths Vote: If a written protest against a proposed amendment,
supplement or change to a zoning regulation or boundary has been filed with the
Planning Department, duly signed and acknowledged by the owners of twenty percent
(20%) or more, either of the area of the lots or land included in such a proposed change
to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining
the area thereof extending two hundred (200) feet therefrom or of those directly opposite
thereto extending two hundred (200) feet from the street frontage of such opposite lots,
such amendments shall not become effective except by the affirmative vote of three-
fourths (3/4) of all members of the Town Council. Written protests shall be subject to the
following requirements:
1, All protests must be submitted to the Planning Department in writing.
Such written protest(s) shall include the zoning case number, the name of
the protesting property owner, the address(es) or property description(s)
of the property for which the property owner is asserting a protest, the
reasons for the property owner’s protest such as the zoning
classifications or uses to which the property owner is opposed, and the
signature of the protesting property owner(s).
Item 7
Ordinance No. 14-__, Page 3
2. The protest must be filed with the Planning Department before 5:00 p.m.
of the fourth (4th) working day immediately preceding the date advertised
for the Town Council public hearing in the statutory notice published in
the official newspaper of the Town. For example, a written protest must
be received by 5:00 p.m., on the Wednesday prior to a regularly
scheduled Tuesday Town Council meeting. A protest sent through the
mail must be received by the Planning Department before the deadline.
3. In all cases where a protest has been properly signed pursuant to this
section, the Town shall presume that the signatures appearing on the
protest are authentic and that the persons whose signatures appear on
the protest are either owners of the property or authorized to sign on
behalf of one or more owners as represented. Upon the advice of the
Town Attorney, this presumption shall not be followed in a specific case
based on evidence presented.
4. A person may by written request withdraw his or her signature from the
protest at any time prior to the close of the public hearing for the zoning
case. If the withdrawal of an owner’s signature from a protest reduces
the percentage of land area ownership protesting the zoning change to
less than twenty percent (20%) of the total area of land, a three-fourths
(3/4) vote of the Town Council for approval of the zoning change shall not
be required.
5. In the event that multiple protests and withdrawals are filed on behalf of
the same owner, the instrument with the latest date and time of execution
controls.
6. At any time before Town Council action on a zoning case, the filing
deadline for a protest is automatically extended whenever the zoning
case is postponed or continued to a later date.”
SECTION 4
From and after the effective date of this Ordinance, Part B, “Officers,” of
Subsection 8.6, “Board of Adjustment,” of Section 8, “Changes and Amendments to All
Zoning Ordinances and Districts and Administrative Procedures,” of Chapter 1, “General
Provisions, Administration and Procedures,” of the Zoning Ordinance, Ordinance No. 05-
20, as amended, is hereby repealed in its entirety and replaced with a new Part B,
“Officers,” to read as follows:
“B. Officers
1. The Board shall have a Chair and Vice-Chair whose terms shall be one
(1) year. At the first scheduled meeting of the Board in October of each
year, or as soon as practicable, the first item of business shall be the
selection of the Board’s Chair and Vice-Chair. The Chair and Vice-Chair
shall be appointed by a majority vote of the Board.
Item 7
Ordinance No. 14-__, Page 4
2. The Chairperson shall preside over meetings and shall be entitled to vote
upon each issue.
3. The Vice-Chair shall assist the Chair in directing the affairs of the Board.
In the absence of the Chair, the Vice-Chair shall assume all duties of the
Chair.”
SECTION 5
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The Town hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 6
All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict, and any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 7
This Ordinance shall become effective from and after its adoption and publication
as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS ____ DAY OF _______________, 2014.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Item 7
CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 – CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
1-8-1
SECTION 8 CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE
PROCEDURES
8.1 AUTHORITY TO AMEND ORDINANCE:
A. The Town Council may from time to time, after public hearings required by law, amend, supplement, or
change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning
Map. Any Zoning Ordinance regulations may be ordered for consideration by the Planning & Zoning
Commission or Town Council. Any Zoning District boundary amendment may be ordered for consideration
by the:
1. Town Council;
2. Planning & Zoning Commission; or
3. The owner of the real property (or the authorized representative of an owner of real property)
B. In no case shall the Town Council act upon any zoning request prior to recommendation by the Planning &
Zoning Commission.
C. Each applicant for zoning or for an amendment or change to the existing provisions of this Zoning
Ordinance shall submit a zoning application (available from the Planning Department) to the Planning
Department on or before a scheduled submission date and shall be accompanied by payment of the
appropriate fee as established by the Town. All applications received on a date other than an official
submittal date shall be dated received on the next official submittal date. Applications must be complete for
acceptance.
D. Consideration for a change in any district boundary line or special zoning regulation may be initiated only
with written consent of the property owner, by the Planning & Zoning Commission, or by the Town Council
on its own motion when it finds that public benefit will be derived from consideration of such matter. In the
event the ownership stated on an application and that shown on the Town records are different, the
applicant shall submit written proof of ownership acceptable to the Town.
E. Zoning Application Details: To ensure the submission of adequate information, the Planning staff is hereby
empowered to maintain and distribute a list of specific requirements for zoning applications. Upon periodic
review, the Planning staff shall have the authority to update such requirements for zoning application
details.
8.2 PUBLIC HEARING AND NOTICE:
A. Zoning Changes: Prior to making its report to the Town Council, the Planning & Zoning Commission shall
hold at least one public hearing on each application. Prior to the tenth (10th) day before the hearing date
before the Planning & Zoning Commission, written notice of each public hearing before the Planning &
Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as
indicated by the most recently approved Municipal Tax Roll, of property within two hundred (200) feet of the
property in which the change in classification is proposed. The notice may be served by its deposit in the
municipality, properly addressed with postage paid, in the United States mail. Notice of Town Council
hearing shall be given by publication in the official newspaper of the Town, stating the time and place of
such hearing, a minimum of fifteen (15) days prior to the date of the public hearing.
B. Text Amendments: Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be
accomplished by one publication not less than fifteen (15) days prior to both the Planning & Zoning
Commission and Town Council meetings thereto in the official newspaper of the Town. Changes in
Ordinance text that do not change zoning district boundaries do not require written notification to individual
property owners.
Item 7
CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 – CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
1-8-2
8.3 FAILURE TO APPEAR:
The Planning & Zoning Commission and/or Town Council may deny a zoning application if the applicant or
representative fails to appear at one (1) or more hearings before the Planning & Zoning Commission and/or
Town Council.
8.4 COMMISSION CONSIDERATION AND REPORT:
A. The Planning & Zoning Commission, after the public hearing is closed, may vote to approve, approve with
amendments and conditions, table, or deny in whole or in part the application. The Planning & Zoning
Commission may table for not more than ninety (90) days from the time it is posted on the agenda until it
has had opportunity to consider other proposed changes which may have a direct bearing thereon. Should
the applicant wish to submit a request to table prior to the public hearing, the request shall be submitted in
writing to the Planning Department a minimum of seven (7) days prior to the meeting. In making their
determination, the Planning & Zoning Commission shall consider, among other things, the following factors:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate area
concerned and their relationship to the general area and the Town as a whole.
2. Whether the proposed change is in accord with any existing or proposed plans for providing public
schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the
findings.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in
the Town, and any special circumstances that may make a substantial part of such vacant land
unavailable for development.
4. The recent rate at which land is being developed in the same zoning classification as the request,
particularly in the vicinity of the proposed change.
5. How other areas designated for similar development will be, or are unlikely to be, affected if the
proposed amendment is approved, and whether such designation for other areas should be modified
also.
6. Any other factors which will substantially affect the health, safety, morals, or general welfare.
If the Planning & Zoning Commission denies the zoning request, it may offer reasons to the applicant for
the denial.
B. Proposal Recommended for Denial by the Commission (Z07-10): When the Planning & Zoning
Commission determines that a proposal should be denied, it shall so report and recommend to the Town
Council and Planning staff shall notify the applicant. If the 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 or the request is sent for review by the Commission by simple majority vote. Upon denial of a
request by the Planning & Zoning Commission, the applicant may, upon his own motion within fourteen (14)
calendar days of the date the Planning & Zoning Commission denied the request, file with the Planning
Department a written request that a public hearing be scheduled and held before the Town Council
regarding the application. The applicant shall be responsible for the costs of re-notification, including
postage. When a proposed zoning request is heard by the Town Council that has been denied by the
Planning & Zoning Commission, four votes of the Town Council is required to overrule a recommendation
of the Commission that a proposed zoning amendment, supplement, or change be denied.
B. Proposal Recommended for Denial by the Commission: The affirmative vote of a majority of the Town
Council present is required to overrule a recommendation of the Commission that a proposed zoning
amendment, supplement, or change be denied, in accordance with the Town Charter, as it currently exists
or may be amended.
Item 7
CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 – CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
1-8-3
8.5 TOWN COUNCIL CONSIDERATION:
A. Proposal Recommended for Approval by the Commission: Every proposal which is recommended
favorable by the Planning & Zoning Commission shall be automatically forwarded to the Town Council for
setting and holding of public hearing thereon. No change, however, shall become effective until after the
adoption of an ordinance for same and its publication as required by law.
B. Town Council Consideration and Action: Town Council, after the public hearing is closed, may vote to
approve, approve with amendments and conditions, table, or deny in whole or in part the application.
Should the applicant wish to submit a request to table, the request shall be submitted in writing to the
Planning Department a minimum of seven (7) days prior to the meeting.
C. Three-Fourths Vote: If a protest against a proposed amendment, supplement or change to a zoning
regulation or boundary has been filed with the Planning Department, duly signed and acknowledged by the
owners of twenty (20) percent or more, either of the area of the lots or land included in such a proposed
change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining the area
thereof extending two hundred (200) feet there from or of those directly opposite thereto extending two
hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become
effective except by the affirmative vote of three-fourths (3/4) of all members of the Town Council.
C. Three-Fourths Vote: If a written protest against a proposed amendment, supplement or change to a
zoning regulation or boundary has been filed with the Planning Department, duly signed and acknowledged
by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such a
proposed change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining
the area thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending
two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become
effective except by the affirmative vote of three-fourths (3/4) of all members of the Town Council. Written
protests shall be subject to the following requirements:
1. All protests must be submitted to the Planning Department in writing. Such written protest(s) shall
include the zoning case number, the name of the protesting property owner, the address(es) or
property description(s) of the property for which the property owner is asserting a protest, the reasons
for the property owner’s protest such as the zoning classifications or uses to which the property owner
is opposed, and the signature of the protesting property owner(s).
2. The protest must be filed with the Planning Department before 5:00 p.m. of the fourth (4th) working
day immediately preceding the date advertised for the Town Council public hearing in the statutory
notice published in the official newspaper of the Town. For example, a written protest must be
received by 5:00 p.m., on the Wednesday prior to a regularly scheduled Tuesday Town Council
meeting. A protest sent through the mail must be received by the Planning Department before the
deadline.
3. In all cases where a protest has been properly signed pursuant to this section, the Town shall presume
that the signatures appearing on the protest are authentic and that the persons whose signatures
appear on the protest are either owners of the property or authorized to sign on behalf of one or more
owners as represented. Upon the advice of the Town Attorney, this presumption shall not be followed
in a specific case based on evidence presented.
4. A person may by written request withdraw his or her signature from the protest at any time prior to the
close of the public hearing for the zoning case. If the withdrawal of an owner’s signature from a protest
reduces the percentage of land area ownership protesting the zoning change to less than twenty
percent (20%) of the total area of land, a three-fourths (3/4) vote of the Town Council for approval of
the zoning change shall not be required.
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Item 7
CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 – CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
1-8-4
5. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the
instrument with the latest date and time of execution controls.
6. At any time before Town Council action on a zoning case, the filing deadline for a protest is
automatically extended whenever the zoning case is postponed or continued to a later date.
D. Denial by Town Council: The Town Council may deny any request with prejudice. If a request has been
denied with prejudice, the same or similar request may not be resubmitted to the Town for six (6) months
from the original date of denial.
E. Final Approval and Ordinance Adoption: Approval of any zoning change, amendment, or supplement by
the Town Council at the scheduled public hearing shall constitute instruction to Town staff to prepare the
appropriate ordinance for final formal passage at a subsequent time. If finally approved by the required
number of votes, the ordinance shall be executed by the Mayor.
8.6 BOARD OF ADJUSTMENT:
A. Establishment of the Board of Adjustment
1. There is hereby created the Prosper Board of Adjustment (the "Board") and the Board may, in
appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to
the terms of the Zoning Ordinance that are consistent with the general purposes and intent of said
Ordinance and in accordance with any applicable rules contained in this Ordinance or in rules and
regulations adopted by the Board and approved by the Town Council. All rules and regulations
adopted by the Board shall be reviewed and approved by the Town Council. The rules and regulations
shall be consistent with and not in conflict with this Ordinance or other rules and regulations prescribed
by the Town Council. The Board shall function according to the laws of the State of Texas and, when
applicable, the provisions of this Ordinance.
2. The Board shall consist of five (5) members, to be appointed by the Town Council for a term of two (2)
years; provided, however, that of the first five (5) appointments made under this Ordinance, three (3)
shall be appointed to serve a two (2) year term and two (2) shall be appointed to serve a one (1) year
term; and, thereafter, three (3) shall be appointed during odd-numbered years and two (2) shall be
appointed during even-numbered years, for said two (2) year term. No Board Member shall serve for
more than three (3) consecutive terms or six (6) consecutive years (whichever is less).
3. When vacancies occur on the Board, the Town Council shall appoint, by majority vote, a replacement
to serve the remainder of that term.
4. Each Board Member may be removed by the Town Council for cause on a written charge after a public
hearing. By way of example, any Board Member who is absent from three (3) consecutive regular
meetings without explanation acceptable to a majority of the other Board Members is good cause for
removal.
5. Each Board Member shall serve without compensation, but may be reimbursed for actual expenses
approved in advance by the Town Council.
6. The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written
report of such proceedings to the Town Council not more than three (3) weeks following each such
meeting.
7. Each case before the Board must be heard by at least four (4) members.
8. The Board shall have two (2) alternate Board Members appointed by the Town Council to serve in the
absence of one (1) or more regular Board Members when requested to do so by the Mayor or Town
Administrator. Each alternate Board Member serves for the same period as a regular Board Member
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Item 7
CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 – CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
1-8-5
and is subject to removal in the same manner as a regular Board Member. A vacancy among the
alternate Board Members is filled in the same manner as a vacancy among the regular Board
Members. An alternate Board member serves upon the same terms and conditions as a regular Board
Member.
B. Officers
1. The Board shall have a Chair, Vice-Chair and Secretary whose terms shall be one (1) year. The Chair
and Vice-Chair shall be appointed by the Town Council. The Secretary shall be elected by the
members of the Board.
1. The Board shall have a Chair and Vice-Chair whose terms shall be one (1) year. At the first scheduled
meeting of the Board in October of each year, or as soon as practicable, the first item of business shall
be the selection of the Board’s Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by
a majority vote of the Board.
2. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue.
3. The Vice-Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair,
the Vice-Chair shall assume all duties of the Chair.
4. The Secretary shall keep the Minutes of all meetings, and in the Secretary's absence, the Chair shall
designate another member to act as Secretary. The Secretary may accept the assistance of Town
personnel in taking and transcribing minutes.
C. By-laws
The Board shall have the power to develop and revise by-laws for its own governance, which shall be
subject to approval by the Town Council. The by-laws shall include provisions for:
1. establishment of meeting dates; and
2. establishment of an appointment to certain committees made up of Board Members and other lay
persons to assist the Board in the conduct of its responsibilities; and
3. Board members' attendance requirements, not inconsistent with this Ordinance.
D. Duties and Responsibilities
1. The Board may:
a. hear and decide an appeal that alleges error in an order, requirement, decision or determination
made by an administrative official in the enforcement of this Ordinance or Section 211.007, Texas
Local Government Code ("the Code"), as it exists or may be amended.
In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or
modify the administrative official's order, requirement, decision, or determination from which an
appeal is taken and make the correct order, requirement, decision, or determination, and for that
purpose the Board has the same authority as the administrative official; and
b. hear and decide special exceptions to the terms of the Zoning Ordinance when the Ordinance
requires the Board to do so; and
c. permit the reconstruction, extension or enlargement of a building occupied by non-conforming
uses, on the lot or tract occupied by such building, provided such reconstruction, extension or
enlargement does not prevent the return of such property to a conforming use; and
d. authorize, in specific cases, a variance of height, yard, area, exterior structure, lot coverage, off-
street parking and loading requirements from the terms of the Zoning Ordinance, if the variance is
not contrary to the public interest and, due to special conditions, a literal enforcement of the
Ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is
Item 7
CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES
SECTION 8 – CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCDURES
1-8-6
observed and substantial justice is done. A variance shall not be granted to relieve a self-created
or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any
person a privilege in developing a parcel of land not permitted by Ordinance to other parcels of
land in the Town or the district. No variance may be granted if it results in an unnecessary
hardship, as herein defined, on another parcel of land.
In order to make a finding of hardship and to grant a variance, the Board of Adjustment must
determine that:
i. the requested variance does not violate the intent of the Zoning Ordinance or its
amendments; and
ii. special conditions of restricted area, shape, topography, or physical features exist that are
peculiar to the subject parcel of land and are not applicable to other parcels of land in the
same zoning district; and
iii. the hardship is in no way the result of the applicant’s own actions; and
iv. the interpretation of the provisions in the Zoning Ordinance or its amendments would
deprive the applicant of rights commonly enjoyed by other properties, in the same zoning
district, that comply with the same provisions.
No variance may authorize a use other than those uses permitted in the zoning district for which
the variance is sought. Also, an application or request for a variance shall not be heard or granted
with regard to any parcel of property or portion thereof upon which a Preliminary Site Plan, Site
Plan, Preliminary Plat or Final Plat, when required by the Zoning Ordinance, and any
amendments thereto, or the Subdivision Ordinance, and any amendments thereto, for any parcel
of property or portion thereof, has not been finally acted upon by both the Planning & Zoning
Commission and, where required, by the Town Council. The administrative procedures and
requirements of the Zoning Ordinance, and any amendments thereto, and the Subdivision
Ordinance, and any amendments thereto, with regard to both the Planning & Zoning Commission
and Town Council consideration and action, on Preliminary Site Plans, Site Plans, Preliminary
Plats, and Final Plats, must be exhausted prior to requesting a variance.
2. The concurring vote of four (4) members of the Board is necessary to:
a. Reverse an order, requirement, decision, or determination of an administrative official;
b. Decide in favor of an applicant on a matter on which the Board is required to pass under the
Zoning Ordinance; or
c. Authorize a variation from the terms of the Zoning Ordinance.
E. Appeal of Board Decision's
Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any
officer, department or board of the municipality, may present to a court of record a petition, duly verified,
setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such
petition shall be presented to the court within ten (10) days after the filing of the decision in the Office of the
Board and not thereafter. The date of filing of the decision in the Office of the Board shall be the date the
Board announces its decision either orally or in writing to the applicant.
F. Power to Obligate and Finance
The Board shall have no power to obligate the Town in any manner whatsoever. The Board's finances
shall be handled in the same manner as any division of the Town Government.
Item 7
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Conduct an annual review of the Town’s Comprehensive Plan with respect to current conditions
and trends.
Description of Agenda Item:
The Comprehensive Plan recommends, at one-year intervals, a periodic review of the Plan with
respect to current conditions and trends. Such on-going, scheduled evaluations provide a basis
for adjusting capital expenditures and priorities, and will reveal changes and additions that
should be made to the Plan in order to keep it current and applicable long-term.
During last year’s evaluation of the Plan, the Town Council and staff used the implementation
goals and objectives set forth in the Plan to complete an implementation plan priority list. The
list contains 19 actions items and prioritized the top five (5) implementation tasks. On
September 23, 2014, the Council received a briefing and provided direction to staff regarding
the re-prioritization of the tasks
This year, the Town retained the services of Masterplan to provide a professional review of the
Plan and propose a series of recommendations. Masterplan’s review of the Town’s
Comprehensive Plan includes an Executive Summary, Introduction, and Review section
outlining the opportunities and threats of the following;
the planning context,
community vision,
community character,
transportation plan,
economic analysis,
infrastructure assessment, and implementation plan.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. has reviewed the document.
Prosper is a place where everyone matters.
PLANNING
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Page 2 of 2
Attached Documents:
1. An Annual Review of the Town’s Comprehensive Plan with Respect to Current Conditions
and Trends.
Planning & Zoning Commission Recommendation:
At their October 7, 2014 meeting, the Planning & Zoning Commission reviewed the report.
While the Commission took no formal action, members indicated their desire for an
implementation program and staff actions to address:
consistent application of the Plan’s recommendations,
understanding the retail market and sustainability,
solicit public input on an on-going basis, and
enhanced commercial design standards.
Town Staff Recommendation:
Town staff recommends that the Town Council conduct an annual review of the Town’s
Comprehensive Plan with respect to current conditions and trends and provide direction to staff
as necessary.
Proposed Motion:
I move to accept the annual review of the Town’s Comprehensive Plan with respect to current
conditions and trends.
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Town of Prosper Comprehensive Plan
An Annual Review of the Plan with Respect to
Current Conditions and Trends
September 13, 2014
Prepared By:
Dallas Cothrum, Ph. D.
Karen Wunsch, AICP
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Executive Summary
The Prosper Comprehensive Plan serves as the Town’s guide for development-
related policy decisions. Although the planning process and various components
of the Plan are not uncommon, several characteristics unique to the Town of
Prosper are highlighted throughout the Plan. The most significant theme relates
to how Prosper can best prepare for what is anticipated to be a period of rapid
population growth and corresponding land development, so that the fully
developed Prosper of the future retains many of the characteristics that the
community values today.
As with any comprehensive plan, the Prosper Comprehensive Plan is intended to
be a dynamic, flexible, and adaptable guide. The Plan suggests that an annual
review of the document be conducted to ensure that it stays relevant during this
period of rapid development activity. This supplement to the Plan summarizes
the findings of the document within the context of current market conditions and
evolving trends.
As an active participant in the development industry, Masterplan often
spearheads land use negotiations with municipalities and other governmental
entities on behalf of developers. This perspective provides consideration of the
goals and objectives of the Plan from a developer’s point of view, and it offers
regional examples of potential opportunities and threats that Prosper may
encounter as it strives toward plan implementation.
The community vision focuses on Prosper maintaining a rural character, despite
experiencing rapid population growth. One interpretation is that residential areas
will have a small town feel that speaks to the Town’s rural roots through large lots
and openness, while the primary transportation corridors will be denser and
result in a much different development pattern than exists in the Town today. The
visioning process also recognized the importance of having a variety of land
uses, which diversifies the tax base and prevents the Town from relying too
heavily on single-family residential property owners for revenue.
After exploring the seven sections of the Plan and identifying opportunities and
threats given current market trends, recommendations were formulated to help
guide development towards the community’s desired vision. These
recommendations focus primarily on concentrating retail and mixed-use
development projects along the Dallas North Tollway and US 380 corridors,
protecting the quality of large lot single-family residential land uses, and
implementing policies of collaboration and data collection that will facilitate future
planning initiatives and the Town’s responsiveness to community needs.
Specifically, the recommendations include:
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• Revise the current Zoning Map to be consistent with the Future Land Use
Plan. A significant component to this exercise is to evaluate the
appropriateness of Planned Development Districts, particularly zoning
districts more than five years old that have not developed. The Town
should feel empowered to initiate zoning conversations with developers
when the existing development plan is no longer appropriate.
• Facilitate desired development patterns within the Dallas North Tollway
and US 380 corridors by ensuring that zoning regulations encourage
desired development projects and prohibit undesirable projects. A healthy
Town economy requires a variety of land uses that contribute to the tax
base. The corridor areas are appropriate areas to concentrate mixed-use
projects and land uses other than large lot residential subdivisions. In
addition, the Town should give careful consideration before rezoning
additional sites for neighborhood service retail beyond what is already
proposed on the Future Land Use Plan. Perpetuating a surplus of retail
uses may result in lower end finish-outs and less desirable retail tenants.
• Ensure that current zoning regulations and Town policies allow for mixed-
use development opportunities without over-saturating the market. In
particular, evaluate mixed-use development standards. Many mixed-use
projects have failed, and often multistory mixed-use projects are not
successful - even in desirable locations. Some scrutiny must be given to
ensure successful mixed-use projects, not just a mixture of uses. Within
the region, there exist numerous resources that should be consulted in
order to identify best practices and lessons learned that will allow Prosper
to achieve high-quality, successful projects.
• Establish a community benchmark questionnaire that helps planners and
Town administrators understand how residents and their opinions change
over time. The data collected will be beneficial to future planning studies,
and it will assist the Town in responding to and anticipating the changing
needs of the community.
Perhaps most importantly, the Town should actively foster ongoing relationships
with community partners such as the Prosper Independent School District and
the Economic Development Corporation. Collaborative planning efforts will
strengthen each of the three entities and therefore the ability of Prosper to
prepare for growth and attract the high quality development projects envisioned
in the Comprehensive Plan.
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Introduction
The Town of Prosper contracted with Masterplan, a land use-consulting firm, to
review the Town’s Comprehensive Plan. Masterplan has extensive experience
representing land development interests in the region and throughout the state.
This market-driven, private sector point of view provides a different perspective
for evaluating the Prosper Comprehensive Plan and developing
recommendations for implementing the Plan.
As with most comprehensive plans, the Town of Prosper’s Comprehensive Plan
is intended to serve as a flexible guide for growth and development. Plans must
be flexible enough to work within the market, yet strong enough to manage
competing interests. The plan must foster a spirit of community while allowing for
and guiding growth. Periodic reviews of the Plan provide another tool for plan
implementation, and Plan maintenance helps the document remain up-to-date
and relevant.
A central theme of Prosper’s Comprehensive Plan involves preparing for non-
residential growth that will diversify land use within the community as well as
strengthen the tax base. Retail uses represent a significant component of
anticipated new development. As emphasized in the Plan, retail development
should be strategically located, well designed, and of high quality. However, the
community must also recognize that the retail market is evolving along with
consumer shopping habits, and development trends experienced in neighboring
communities may not necessarily be applicable to Prosper’s development boom.
The retail industry has seen considerable changes over recent years. Although
the Dallas-Fort Worth market has climbed above 90 percent occupancy for retail
in anchor-type shopping centers for the first time since 2004. It does not appear
to be a trend. The region has 187,987,318 square feet of retail in shopping
centers over 25,000 square feet. The Metroplex has done much better than most
parts of the country. One important reason is the increase in density fueled by
significant multifamily development. Municipalities can no longer separate
residential planning from commercial.
Prosper must evaluate how much successful retail it can construct and have
citizens patronize. A number of troubling trends are changing commercial
property. Shopping and eating habits are rapidly changing. In 2010, there were
33 billion retail visits to stores during the holiday season. This number has
dropped to 17.6 billion visits during the same November to December time period
in 2013. As a result, retailers are building far fewer shopping centers. In 2010,
there were 310 million square feet of new retail space opened nationally; in 2013
the number declined to 43.8 million square feet. To compound the problem,
stores of popular retailers have closed. The Gap, JC Penney, Sears, Macy’s, and
Best Buy have all closed numerous stores. Previously, these were institutional
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lions capable of anchoring shopping centers, and they consistently focused on
expansion.
During the previous decade, developers shifted shopping trends from malls to
power centers. Now, consumers are driving the market and they have decided
that the Internet is ascendant. This is no longer a trend but a reality. Online sales
once again doubled during the 2013 holiday season. Retailers had half the traffic
that they did just three years ago. This change in shopping habit is impacting
other commercial property sectors.
Municipalities also need to watch emerging changes in restaurants. Casual
dining concepts struggled prior to the recession and continue to post marginal
numbers. One recent study contends that the concepts are too familiar and not
dissimilar from one another. Sales in casual dining have remained stagnant and
are now below inflation levels. These concepts now feature value dining menus
that have reduced average customer tickets to $12.42. Unfortunately, value
menu options, however, are essential to generate store traffic. The rise in fast-
casual concepts also continues to eat into the sit down dining sector. Importantly,
the fast-casual concept typically takes far less space. Interestingly, the per
person average at Chipotle compares quite favorably at $11.30.
City planners must actively understand the market and adapt to emerging trends.
Likewise, a community must interact with staff from various departments to
ensure a range of development. This review attempts to make use of real world,
real estate based priorities and understand them within a planning framework.
Masterplan typically represents developers and works as an agent of change at
the “tip of the spear.” This knowledge and interaction with developers and their
tenants provides perspective often not embraced in comprehensive planning
exercises.
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Review
The Prosper Comprehensive Plan establishes a vision for the community’s future
and serves as a guide that will help direct development and policy decisions
toward achieving a desirable future. The Plan is organized into seven sections
which include: Planning Context, Community Vision, Community Character,
Transportation Plan, Economic Analysis, Infrastructure Assessment, and
Implementation Plan.
A brief synopsis of each Plan section is provided for reference as well as
observations that have been categorized as either “Opportunities” or “Threats.”
These observations are intended to focus attention on key topics and facilitate
additional discussion of potential vulnerabilities or omissions of the Plan.
Exploring these topics in greater detail highlights areas of the development code
that need improvement and provides a foundation for establishing a plan
implementation strategy that includes recommendations for next steps.
In general, the “Opportunities” listed are concepts presented in the Plan that
seem particularly important or relevant to successful plan implementation and
achieving the vision created during the planning process. In some cases, the
opportunities are points that speak to the Town’s character currently or as it
hopes to be in the future. Consideration of Prosper’s opportunities for a vibrant
future is also provided within the context of the larger region in which it is located.
The proximity of Prosper to surrounding communities with similar experiences
provides confidence in recognizing trends and preparing for the future.
“Threats” refer to topics that are perhaps vague or not easily understood by
someone who did not participate in the original planning process. Threats in this
context also represent external factors and local conditions that, if not addressed,
could result in undesirable development patterns or an overall community
character that is different from what is envisioned. Emerging national trends
create concern for the ability of the Town to adapt to new and changing
philosophies that may limit the potential for successful development projects. The
digital age continues to influence American lifestyles and impact the way people
live, work, and play. Ultimately, these changes affect the landscape of the built
environment by altering needs related to housing, retail, office, and recreational
uses.
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Planning Context - This chapter provides a discussion of the justification for
planning from both a legal and practical standpoint. The section includes a
thorough examination of the existing local and regional conditions that will
influence Prosper’s future. The most significant characteristic of the existing
community is that the Town is experiencing rapid growth that will likely continue
for the next ten to twenty years. This provides exciting opportunities that may
galvanize a community and create a unique sense of place, but only if the
“threats” to this vision are recognized and mitigated.
The City of Plano provides an outstanding example for communities to both
replicate and avoid. The city stands as a national example regarding rapid
growth. In 1960, Plano remained a rural community that had not seen any
substantive benefit from World War II post-war boom. Community leaders,
however, recognized the city was poised to grow. By 1970, the city had a
population of 17,872. The city planned a number of public works projects,
acquired right-of-way, and, perhaps most importantly, did significant planning to
prepare for the 1980s. The city also built a number of excellent city facilities and
planned locations for others. The decision to locate the city hall in downtown has
proven effective, especially with the advent of mass transit. By 1980, the city had
a population of 72,000 and a national reputation for keeping up with the growth
and having a quality community. The city reported population growth to 128,713
in 1990 and 222,030 to close out the century.
Plano sustained high-quality growth over a long period because of several
factors. First, the city had strong leadership and longtime community members
that helped identify and maintain a distinct character. Second, the city instituted
rigid financial controls that remain in place. Of Texas’ largest cities, Plano has the
lowest per capita debt at $1,371. Third, the city attracted a number of corporate
headquarters. Likewise, high-paying and well-educated employees followed
these businesses to Plano. In part, they stayed in the community because of the
quality of schools. Today the community has a median income of $82,901.
Plano thoughtfully made sound planning decisions. The city elected to participate
in Dallas Area Rapid Transit. Today the downtown area has an urban feel that is
bolstered by mass transit and a variety of housing stock that provides density.
The city has also had strong commitment in planning from staff that has
remained in place for many years as well as committed elected and appointed
officials.
The city also provides a valuable perspective of what to avoid. Plano suffers from
bimodal distribution in terms of an East and West split. The newest retail and
most expensive homes are in the west along the Dallas North Tollway corridor. In
contrast, the east, situated along North Central Expressway, suffers from vacant
retail and lower home values. The city has too much retail and faces expanded
competition for spending dollars on every side. Its earlier dominance of retail has
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been tempered in the last decades. In fact, the city now has instituted a retail
pruning initiative.
Opportunities
The Prosper planning area contains a significant amount of vacant land.
An estimated eighty percent of the Town’s twenty-seven square miles is
undeveloped. With such a large proportion of Prosper’s land projected to
develop in a short amount of time, there is an opportunity for the creation
of a cohesive community comprised of land uses and design styles that
complement each other. In Prosper, issues such as promoting infill
development or encouraging redevelopment of sites are less important
than in other communities. This allows for planning efforts and
infrastructure improvements to focus on encouraging quality new
development.
Prosper’s projected growth trend resembles the development explosion
witnessed in surrounding communities over recent decades. The
experiences of municipalities such as Frisco, Allen, and Plano provide a
resource to Town administrators, elected officials, and citizens of lessons
learned and examples of policies to emulate as well as things to avoid.
Exploring the experiences of other rapidly growing communities may help
Prosper officials with effective decision-making as it prepares for an
extended period of rapid growth.
Although each resident has his or her own reason for living in Prosper, it
appears that currently the biggest draw for people settling in the
community is the opportunity for a large home on a large lot. As Prosper
grows, the reasons for moving to Prosper will likely evolve. Eventually, the
proximity of housing to jobs and retail may motivate people to reside in
Prosper, but it seems clear that the Plan is intended to preserve the
identification of Prosper as a community of large homes and large, rural
lots.
Prosper has many positive attributes working in its favor. Key among
those, as with any discussion of real estate, is location. Prosper’s location
positions the Town as the next frontier of the expanding Dallas-Fort Worth
region. The center of the Metroplex (previously downtown Dallas) has
shifted to LBJ and the Dallas North Tollway. This trend will continue with
Highway 121 and the Dallas North Tollway becoming the regional hub in
the future. The concentration of the largest retail project of the decade in
Nebraska Furniture Mart as well as the relocation of Toyota illustrate that
this shift is in progress. Not only does this position the Town for growth,
but the location also provides the Town with numerous planning resources
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not only in the form of regional planning studies and statistical data, but
also in the form of experience by other planning professionals in
accommodating the needs of a rapidly growing community.
Threats
The largest threat to achieving the community’s vision is missing
opportunities for quality development as described in the Plan and
anticipated by residents. In fact, residents will expect the timely addition of
development that aligns with their tastes and interests. Failure to provide
these can result in citizen dissatisfaction. Missed opportunities could come
in the form of development projects that fall short of the community’s
expectations, if the types of development that the Town is planning do not
occur at the scale, quality, or rate that is predicted, or when projects locate
just outside the Town limits. The desire for a full service, upper end
grocery store currently is a good example.
Rapid development can easily lead to reactionary planning and
administrative processes. The responsibility of juggling heavy caseloads
and high volumes of permitting, zoning and subdivision applications could
interfere with initiating corrective zoning measures until, of course, a
development application is filed for a use that is undesirable at a particular
location. Incorporating a specific plan implementation strategy into
departmental work programs will assist staff in effectively guiding future
development while managing current development review cycles. Town
staff and elected and appointed officials must not practice exclusionary
planning by only responding to development requests on a case by case
basis without regard to big picture thinking. Similarly, a community can
become paralyzed by only knowing what it does not want.
Like the Town of Prosper, the Prosper Independent School District faces
challenges associated with accommodating rapid growth. If the school
district is not able to provide an adequate supply of quality schools and
teachers, residents and high quality land uses most likely will not be
attracted to the community. It is vital that there is an open and continuous
dialogue with the school district regarding land use assumptions and
population projections in order to adequately predict student population
growth. As witnessed in many communities and especially lately in Frisco,
locating new schools and changing attendance zones can create
community stresses that can spill into municipal activities, too.
The high density residential components of proposed mixed-use projects,
for instance, require additional study to better understand how such land
uses will factor into future student population projections. Typically, mixed-
use projects attract households with fewer school aged children, but that
assumption may be offset by Prosper’s exurban location. A collaborative
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relationship with the school district is key to understanding how the
proposed growth scenario and Future Land Use Plan will impact the
student population and facility needs for the school district.
Consideration of the tenure of citizens who participated in the planning
process is necessary. The assumption is that the most of the active
community leaders are newcomers that moved to Prosper within the last
ten years or so. Sometimes residents of changing communities are
excited and eager for new development to occur. Other times, residents
seem more apprehensive about change. It is also interesting to consider
that the opinions of long-time residents may differ from those of newer
community members. It might prove useful to track the changing opinions
of residents over time. A community survey provides a method for
establishing benchmarks that describe current opinions and identifying
potential changes in attitude about development and land use. Monitoring
changing attitudes about important issues will allow for those topics to be
more easily accommodated by future planning processes.
Although Prosper welcomes many new residents each year, long-term
residents of the community may serve as an important community
resource. Given Prosper’s rural farming roots, families with generational
ties to the community would be expected to have large land holdings with
significant acres of contiguous land for development. Perhaps a historic
Prosper family could be motivated to participate actively in planning and
development issues with the intent of creating a legacy project within the
Town. A consideration of the eagerness on the part of homeowners as
well as specific segments of the community for new development projects
may assist the Town in prioritizing implementation strategies.
Another area of concern relates to the large number of Planned
Development (PD) Districts that were enacted several years ago but never
developed. It is possible that some of the older PD Districts reflect
development proposals that are out-of-date, no longer appropriate, or not
feasible given current market conditions. In addition, these outdated PD
Districts complicate population and land use projections. If the proposed
densities are no longer realistic, the assumptions used for planning Town
services and the ultimate land use mix is skewed, and the results are less
accurate. If the development proposals outlined within the adopted PD
Districts are no longer desirable, implementation of the community vision
is certainly more challenging. Although a difficult task, renegotiating these
agreements must be explored.
The first step would be a general assessment of the risks and rewards
associated with individual agreements. Obviously, the legal implications of
renegotiating previously approved zoning conditions would need to be
considered as well as the impact that this initiative would have on Town’s
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reputation and perception by the real estate community. If the decision to
re-evaluate existing PD Districts is made, a process approach could be
based on the age of the PD District, the location, the density, or some
other criteria that would allow for a prioritization of the sites rather than
tackling all of the PD Districts at one time. Discussions to determine the
appropriate strategy should involve representatives from the Town’s
administrative team, planning department, and Town council.
Community Vision - The visioning process utilized an appointed advisory
committee of residents and business owners, some with past or present Council
experience. The public participation process resulted in the generation of six
community goals. The common theme of these goals is a dichotomy of preparing
for high-quality growth while maintaining a rural, small-town image.
Opportunities
Establishing a community’s vision for the future is a difficult task. It is easy
for people to describe what they do not like, but imagining development
types that are attractive, functional, and feasible is a much harder
exercise.
Perhaps even more valuable than the adoption of a comprehensive plan is
the process of planning itself. As a community, working through the steps
necessary to produce a comprehensive plan establishes communication
channels between residents and businesses, and the elected officials and
staff who work to serve the needs of the community. Participating in a
planning process focuses attention on the concerns of the community, and
establishes a common ground for understanding existing conditions and
the direction in which the community is headed. Maintaining this ethos
after adoption is challenging and rarely occurs.
In addition to the residents and business owners that participated in the
planning process, the Plan mentions attendance by representatives of the
development community at Comprehensive Plan Advisory Committee
meetings. If representatives were active participants in the planning
process and not merely observers attending on behalf of real estate
interests, those people may be key to opening a dialogue with specific
developers interested in participating in future plan implementation
projects. The Prosper Developers Council is an appropriate avenue for
pursuing this dialogue.
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As with any plan, development proposals that are inconsistent with the
Comprehensive Plan and Future Land Use Plan will be encountered. The
Plan should guide the decision-making process, but as a guide it is not
inflexible. The Plan suggests several questions to consider when
evaluating a development that does not reflect the Future Land Use Plan.
In such instances, the additional evaluation may result in a higher and
better use than originally envisioned for that specific location. Market
conditions and real estate opportunities will lead to adjustments to the
Plan. It is appropriate for a comprehensive plan to be flexible when well
justified and based on reasons that are supported by the planning process
including a good understanding of new opportunities, existing conditions,
market shifts, and the intent of the community.
Threats
Using photographs to facilitate discussion during a visioning process is a
common exercise, but there is concern with the results of the Visual
Character Survey. Focusing too much attention on pictures of what has
worked well in other communities may not be an appropriate method for
determining the most appropriate use for Prosper. It also fails to fully take
into account changes in the market, especially with respect to retail. It
could be perceived as an exercise in identifying what is popular at the
moment and not what is best or even realistic. It is important for the
community to evolve into something genuine that establishes the Town’s
market niche rather than copy another community’s success story.
Otherwise, the Town becomes “Disney-like” and never creates its own
identity. Even worse, the community loses the character that makes it
special to residents and visitors and becomes “just another bedroom
suburb.”
Another issue with the Community Vision is that it is unclear how the
participants envision maintaining a small town feel as the community
braces for continued rapid growth and proposed large scale retail and
mixed-use development projects. For example, not enough parking
downtown is often a characteristic of small towns, but it is unlikely that is
the kind of small town feel that Plan participants envision or that national
retailers would accept. Future revisions to the Plan should clarify the intent
of statements describing a small town feel to avoid sounding like the
community is against development.
Protecting the quality and integrity of Prosper’s neighborhoods is
interpreted to mean that single-family residential uses should be protected
from impact by non-residential land uses. Zoning is a tool for separating
incompatible land uses and mitigating potential conflicts between uses,
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but zoning is only effective if it avoids land use conflicts before the conflict
is created. With approximately eighty percent of the Town’s land
undeveloped, new development cannot avoid changing the Town’s
landscape, which in some cases will impact existing neighborhoods. The
open fields and ranches that exist today will eventually develop. In fact,
the future prosperity of the Town depends on it. If the proposed future
development does not occur, the Town will have an insufficient tax base,
resulting in lesser Town services and ultimately reduced home values and
an exodus of well-paid and well-educated professionals. The economic
strength of the Town is dependent on a tax base of both residential and
non-residential uses. Citizens must recognize that undeveloped tracts will
eventually undergo development, and Town leaders have the difficult task
of tempering citizen comments with the need for a balanced tax base.
Ultimately, achieving the community’s vision of high quality development
depends on having the tools (zoning and development standards) that
prohibit undesirable uses or uses at the wrong location. Proper zoning
encourages desirable development patterns by controlling uses and
providing confidence in the compatibility of future development. The
Town’s experienced staff and a well trained, long-tenured, largely
apolitical Planning and Zoning Commission provide components to
resolving zoning and land use issues and preparing for future
development opportunities. Cultivating institutional knowledge of these
issues is critical.
Community Character - This section provides definitions, descriptions, analysis,
and images of land use recommendations proposed on the Future Land Use
Plan. The residential density ranges within the Prosper Comprehensive Plan are
much less dense than densities traditionally described in other communities. This
is reflective of Prosper’s character, and the Town’s desire to preserve that
characteristic. It may, however, result in higher per capita costs for basic
municipal services, including water, sanitary sewer, storm sewer, and garbage
collection.
However, for a community with a strong low density rural vision the Plan
recommends a significant amount of multifamily within mixed-use developments.
These areas are not located near employment centers, an urban core, transit or
other uses that traditionally encourage multifamily and mixed-use projects.
Typically, mixed-use projects offer a solution for bringing together residents and
businesses within a compact environment that is influenced by high land prices
or limited land availability. Presently, these market forces do not exist in Prosper.
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Opportunities
The character of Prosper’s large lot, single-family residential subdivisions
is well established, but there is an opportunity to promote housing options
that meet the needs of residents with different housing preferences. This
can complement and enhance large lot subdivisions, not marginalize
them. The community should recognize that not everyone wants or needs
a large home on a large lot. For example, grandparents of Prosper
residents, young adults returning from college, service professionals such
as teachers, police officers, and fire fighters all contribute to a healthy
community, but the size and maintenance requirements of a large home
and a large lot may not be desirable. Similarly, the housing needs of
people change over time. Ideally, there would be alternatives within the
community that would be attractive to current residents as they age or as
their needs change.
The proposed Town Center District that includes public space, existing
structures, and future large-scale mixed-use development seems an ideal
solution for bringing together the community’s desire for social spaces in
which to interact and enjoy a small town atmosphere. This area is located
within Tax Increment Reinvestment Zone (TIRZ) Number 1, which
provides additional funding alternatives for public infrastructure
improvements and community enhancements.
Threats
The biggest obstacles to achieving a community characterized by high
quality development is being unrealistic about what is feasible or
perceiving a development proposal as being high quality when it is not.
The Plan’s emphasis on mixed-use and loft-style apartments seems
unrealistic until additional single-family styles of housing are developed
that provide additional rooftops and heighten the demand on undeveloped
tracts.
Although ironic given the desire for large lots, vertical mixed-use is
indicated as being preferred over horizontal mixed-use by Prosper
residents. Sometimes communities realize too late in the development
process that existing codes are not conducive to mixed-use projects. It is
important to confirm that the Town’s Building Code and Fire Code will
accommodate residential and non-residential uses within the same
building.
Zoning and development regulations should be in place that will
encourage development projects proposed for corridor districts, not just
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prohibit unwanted development. The mid-rise office buildings and mixed-
use loft-style apartments with parking garages described in the Plan may
not be a developer’s first choice with such an abundance of land available
for development. Although structured parking offers many benefits over
surface parking lots such as better walkability, reduced heat island effect,
and lower stormwater run-off, market prices may not allow for a
development to recoup the cost of structured parking, which is generally
about four times the cost of surface parking. Development incentives or
other tools for discouraging more traditional suburban products that are
less expensive to develop may be needed. Examples of ways to
incentivize structured parking within mixed-use developments include
offering a density bonus that allows a developer to provide additional
square footage, building height, or residential units to offset the cost of
structured parking, or allowing for a reduction in the number of required
off-street parking spaces when a portion of on-street parking is available
within a mixed-use scenario.
The Plan proposes livability guidelines that include a recommendation to
provide for a range of housing types in Prosper. Except for the overview of
housing types provided within this section, most of the emphasis is placed
on large lot homes and mixed-use loft-style apartments within special
corridor districts. More emphasis on accommodating other types of single-
family residential housing styles such as patio homes and zero lot line
homes will help realize the “livability” objectives outlined in the Plan. The
US 380 and Town Center Districts support these uses, and when located
within appropriate areas these residential options allow efficient use of the
land, without sacrificing quality.
A disproportionate amount of large lot subdivisions results in a uniformity
of land uses, and it allows fewer housing options for entry-level buyers,
young couples, empty-nesters, or older residents. If the assumption is that
most residents within subdivisions comprised of lots over 10,000 square
feet are members of households with school-age children, then the result
is a community without much range in age among property owners. As
these households become empty-nesters themselves, this could have a
significant financial impact as many residents age out of their homes or
the school district at about the same time, which may negatively impact
property maintenance, tax revenues, and school bond referendums.
Furthermore, large lot subdivisions can contribute to poor connectivity
issues, if the design isolates areas from other neighborhoods, schools,
parks, and services, and it requires residents to rely on the use of
automobiles. Youth and elderly populations in particular benefit from safe
and effective non-auto related transportation alternatives. A reliance on
the automobile creates an auto-centric community that needs large
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parking areas and encourages auto-oriented land uses such as fast food
restaurants.
The proposed 5,000 units of high density residential use will complement
the lower density residential developments, while mitigating some of the
negative impacts commonly associated with sprawl. As development
occurs, it is appropriate for the Town to re-evaluate the target proportion of
residential densities, and if necessary adjust the proposed Future Land
Use Plan to encourage a healthy local economy.
In addition to residential character, there exist vulnerabilities to the
character of nonresidential development. The community wants to
discourage cookie-cutter strip development patterns. Therefore, it must
regulate proper design and building orientation. Further, future Town
facilities must be constructed at high levels of execution. The Town must
set a standard of good development as future public projects are realized.
Land use is the product of both form and function. Building design and
orientation of shopping center developments throughout the Town should
give consideration to establishing a proper interface with residential
developments if the high quality retail development products proposed in
the Plan are to be realized. Emphasis should not be given to particular
tenants, which may change over time.
Transportation Plan - The basis for this Plan section is the 2010 Thoroughfare
Plan, which establishes a traditional grid network for the Town. Fundamental to
this approach is the identification of key corridors within the community. Specific
north-south and east-west roadways are identified by name.
Opportunities
In general, projections for the 2035 traffic volumes indicate that all
proposed 2035 roads within the Town are forecasted to operate at
acceptable levels of service with the exception of Preston Road and US
380. The anticipation of future issues with these roadways will encourage
the Town to make necessary improvements. Prosper is fortunate in that it
benefits from other planning initiatives including North Central Texas
Council of Governments (NCTCOG) regional studies and plans as well as
the Collin County Mobility Plan.
In addition to the street system, the Parks Plan proposes a trail system
that is recognized as important from both a mobility standpoint and a
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recreational standpoint. Parkland dedication requirements seem to be an
effective tool that allows for the Town to adequately prepare for extensions
to the trail system.
Threats
Consistency between local and regional transportation plans is important
in order to better compete for federal transportation funds. It is key for the
Town to have representation at regional planning initiatives to avoid
inconsistencies at the regional and local planning levels. Validation of local
projects by regional plans may help secure funding opportunities.
Limitations on federal transportation funds that impact state and regional
transportation budgets may affect the timing of improvements that are
necessary in order to maintain traffic flow at adequate levels of service
throughout Town. It is important to consider how the Town might be
impacted by national funding issues, and then seek solutions that reduce
reliance on outside government sources for infrastructure improvements.
Economic Analysis - Provides a financial justification for future land use
recommendations provided in the plan. The analysis calculates future retail
demand based on current household spending estimates and land use capacity
projections, although not all retail zoning will necessarily result in retail
development. Those estimates are then used to compare projected sales tax and
ad valorem tax revenues with estimated per capita expenditures.
Opportunities
The Plan provides for more than enough land to accommodate retail
demand. However, an overabundance of retail use should be avoided.
Nodal retail activity should be concentrated at primary intersections, and
the “four corner” principle should be avoided to reduce the possibility of an
oversupply of retail acreage. The challenge is determining and
encouraging appropriate development at the other corners of an
intersection. Recognize that Prosper’s traditional large-lot neighborhoods
may not be appropriate at these locations because of incompatible rear
yards and other site design issues. Other single-family residential styles or
institutional uses, however, may complement non-residential uses quite
well.
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The economic analysis discusses the Town’s ultimate sales tax potential
being dependent on the ability to attract high quality retail establishments
that provide a regional destination. It might be beneficial to identify where
regional shoppers will be drawn from since there is an abundance of retail
destinations located within communities to the south and east.
Determining the needs of future shoppers may help Prosper identify a
niche within the region.
Threats
Current zoning allows for approximately 2,900 acres of retail use.
However, the economic analysis recommends 346 acres of retail use at
build-out, while the Future Land Use Plan accommodates an estimated
757 acres of retail use. The assumptions used for these analyses should
be revisited often and adjusted accordingly, which will provide greater
confidence in the land use recommendations of the Plan. Placing too
much confidence in the ultimate “Tax Gap Surplus” estimates should be
avoided. Consequences of an oversupply of retail could include vacant,
underutilized land, lower rental rates leading to undesirable uses,
pressures for more multifamily residential uses, and blighted corridors.
Prosper, like other communities, must stay aware of the changing
landscape of retail in America. With increases in online shopping showing
no sign of reversing, it is reasonable to expect that there will be less of an
emphasis on traditional brick-and-mortar stores. Many large retailers are
not only reducing the number of new store openings, but some retailers
also plan to close large numbers of underperforming stores. As online
retailing continues to reduce the need to develop physical store locations,
more attention should be paid to encouraging development of other types
of non-residential uses.
The Plan fails to assess Frisco’s regional retail hub status. Prosper must
balance skepticism and optimism when it comes to retail development.
The previous cycles experienced by Plano, Allen, and Frisco may or may
not be applicable to Prosper. The commercial sector has witnessed a
paradigm shift in many regards. These must be accounted for and
constantly monitored. Town staff must work outside of a silo and be
interactive and cooperative with economic development to evaluate
shifting trends. The Town of Prosper should embrace that a paucity of
retail creates a better and more competitive environment. By creating a
market cascade, where citizens see a thriving and busy center, the Town
could prosper from less retail space, rather than more. Too much retail
dilutes the pool of attractive users.
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It is important to give careful consideration to promoting retail uses at the
right locations. Following the laws of supply and demand, an
overabundance of retail use should be avoided in order to keep the values
and quality of development high. This is particularly important as retail
continues to evolve in response to the growing online retail market.
However, the demand for perishable food goods and localized personal
services cannot be fully replaced by Internet shopping. Prosper residents
identified an upscale grocery store as one of their top priorities along
Preston Road, which will reduce the amount of sales tax dollars that Town
residents divert to other communities and instead allow that revenue to
serve the growing Town.
The Dallas-Fort Worth market has climbed above 90 percent occupancy
for retail in shopping centers with 25,000 square feet or more for the first
time since 2004. While this is a positive sign, it is not, however, a trend.
One reason shopping centers in the region are on the upswing is a
dramatic increase in multifamily. The Town needs to evaluate the role high
density residential use plays in shaping and assisting retail. Should the
Town not participate in this trend, it may find that retail will be harder to
attract. At the very least, Prosper must realize there are few anchor
tenants active in the market and municipalities face an unrivaled buyer’s
market. The recent feeding frenzy by cities to attract Nebraska Furniture
Mart illustrates this trend. The Colony finally landed the furniture
behemoth only after an unprecedented package of economic incentives.
Municipalities also need to watch emerging changes in restaurants.
Casual dining concepts struggled prior to the recession and continue to
post marginal numbers. Municipalities must take seriously the idea of
pushing consumers to key locations. This helps all retailers and allows for
combined trips.
The City of Plano, for instance, suffers from having too much retail. A
study they commissioned after the turn of the century focuses on
attracting new tenants to existing spaces that are unoccupied. Planning
departments must constantly update studies and stay timely. Moreover,
staff cannot stand by without regard to changing markets without the
market skipping the municipality for the neighboring jurisdictions.
The Town must also evaluate the effectiveness of other retail in the area,
especially that of Frisco. The proximity to Frisco and its many destination
locations may make large-scale retail less likely. As such, retail should be
located at key locations that are immune to outside retail interference.
Prosper should see that Frisco has done a sound job of attracting high
quality retail anchors, including ones, like IKEA, that is one of only three
stores in Texas and the only store of that brand located within the region.
Likewise, Frisco has a thriving mall, and the entertainment options are
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unrivaled in the state for a city its size. As such, Prosper must realize that
Frisco is a regional shopping hub that will cause competition for
commercial tracts. Although in a general sense, there seems to be a
strong indication that perhaps too much real estate is zoned for retail use,
the importance of directing retail of the right type to the best location
cannot be overstated.
Infrastructure Assessment - Refers to previous planning studies conducted by
Freese and Nichols, Inc. In 2006, an in-depth analysis of water and wastewater
needs was completed, and an update to the Water and Wastewater Capital
Improvement Plans were completed in conjunction with an Impact Fee Update in
2011. In 2010, the Town’s drainage system was assessed as part of the
Drainage Utility System Fee Development Report.
Opportunities
The most critical issues identified in the Plan have since been addressed
including the implementation of the new Upper Trinity Regional Water
District delivery point on the west side of Town, and the adoption of the
Upper Trinity Regional Water District agreement. These enhancements to
the water and wastewater system reduce maintenance and operating
costs, while preparing the Town to meet the demands of future growth.
By monitoring population growth, the future applicability of federal storm
water quality regulations (Phase II MS4) that would require additional
water quality protections for creeks and lakes should be anticipated and
planned for. The year that regulations will take effect can be estimated
based on population growth and TCEQ requirements. The Town should
develop a Comprehensive Drainage and Utility System Master Plan to
facilitate continued success in meeting the infrastructure needs for the
Town of Prosper. It may also be appropriate to include stormwater
protection measures in the Subdivision Ordinance, and implement a
stormwater quality management plan.
Threats
A potential issue identified in the Plan is that the North Texas Municipal
Water District (NTMWD) delivery point within the southeast portion of the
Town is the only existing treated water delivery point. There are no
emergency water connections with surrounding communities. This issue
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will be addressed in 2021 when the NTMWD North Water Treatment
Plant: 2nd High Service Pump Station is anticipated to be completed and
in service along with the necessary pipeline to provide Prosper with a
second point of delivery.
Typically, large lot residential neighborhoods create additional stresses on
a water supply. The Town may need to develop special programs for
accommodating the needs of these residential uses. Because Prosper’s
residential lot sizes are larger than traditional lots within other
communities, adjustments to water modeling and utility planning
methodologies may be required. Reliance on only large lot subdivisions
could have a negative impact as North Texas grapples with growing water
supply concerns.
Implementation Plan - Provides a list of objectives related to the six goals
identified in the Community Vision section of the Comprehensive Plan. The
objectives are intended to provide direction towards achieving the ultimate vision
for the Town.
Opportunities
This section recognizes the need to revise the zoning map and zoning
ordinance to be consistent with the land use recommendations of the
Comprehensive Plan. It also suggests that zoning text amendments may
also be in order.
Offering incentives to property owners in order to rezone vulnerable sites
may be a way of bringing property owners to the table to negotiate zoning
changes. Conversations with other developers might be helpful in
formulating such a strategy.
Threats
Although the objectives are intended as methods for Plan implementation,
the objectives are perceived as being incomplete. No target start dates or
completion dates are assigned to the objectives, and no project
champions are identified.
Many of the objectives require additional research and collaboration with
supporting entities such as the Economic Development Partnership and
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the Prosper Independent School District to develop a unified action plan
for implementation.
Overall, the Comprehensive Plan serves as a reasonable guide for basing
land use decisions. In general, the most significant areas of concern
include an abundance of zoning for land uses not compatible with the
Plan, a gap in single-family residential options, and potential inaccuracies
in the assumptions used to validate the land use recommendations due to
the effects of a shifting retail economy.
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Recommendations
The following is a discussion of recommendations for addressing the most
significant obstacles to achieving the goals and objectives of the Comprehensive
Plan. Many of the recommendations relate to rezoning, which is often a difficult
and contentious issue since property rights and property values are involved.
Fortunately, the Town’s Zoning Ordinance, as updated in May 2005 and with
minor amendments in November 2011, appears user-friendly and is easy to
understand. The zoning regulations are modern, relevant, and appropriate so the
recommendations provided relate more to the zoning district assigned to
properties, rather than the appropriateness of the regulations within districts.
Without proper zoning in place, the Town is vulnerable to incompatible
development patterns. A citywide zoning change evaluation is not necessarily
feasible or recommended. An update to the Zoning Map should be done by
breaking the task into smaller study areas that include Planned Development
negotiations and revisions, straight zoning changes, modifications to
development standards, and zoning text amendments.
Recommendation: Revise the current Zoning Map to be
consistent with the Future Land Use Plan.
The first step in this process is a thorough comparison of existing zoning and
proposed land uses to identify target areas in which discrepancies exist between
the two. Many of the discrepancies between the Zoning Map and Future Land
Use Plan are a function of the Agricultural (A) District zoning that is also used as
a holding district after an annexation and prior to establishing zoning for
development. Agricultural zoned properties are the lowest priority for a Town-
initiated zoning change because development options on these sites are limited.
However, opportunities may exist in which rezoning an Agricultural District could
provide an incentive for a property owner to rezone another site.
Identifying discrepancies between the zoning and proposed future land use
within Planned Development Districts will require additional effort. First, Districts
for which no development has occurred must be identified. If the Planned
Development District is older than five years, there may be an opportunity to
revise the conceptual development plan if the proposed development is no longer
valid. Consideration should be given to the validity of the conceptual plan by
evaluating the compatibility of the proposal with current conditions including the
recommendations of the Comprehensive Plan. Consulting with other staff
members, property owners, design engineers, and economic development
experts may assist in determining if a project is still active or if it has been
declared dead. If the project is not deemed dead but just delayed, evaluate the
probability of development occurring within the next year versus a later planning
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horizon. Soliciting input from experts in the real estate community could assist in
determining the timing of projects.
Section 24.5 of the Zoning Ordinance provides, “If no development has occurred
in the PD District within five (5) years from the date of adoption of the granting
ordinance, the Planning & Zoning Commission and Town Council may review the
original conceptual development plan to ensure its continued validity. If the Town
determines the concept is not valid, a new conceptual development plan shall be
approved prior to the Town issuing a building permit for any portion of the PD
District.” This provision justifies further study of existing zoning, which may
prompt pursuit of Town-initiated rezoning considerations.
If the PD no longer meets the land use objectives outlined in the Comprehensive
Plan, explore opportunities to modify the zoning. A Town policy for reevaluating
PD Districts older than five years may need to be formalized. The plan review
and building permit process may provide a method for stalling a project and
requiring revisions to a proposed development before it is constructed, but ideally
such measures would not be necessary.
From a developer’s perspective, stopping development at the permit phase is an
expensive and unexpected hurdle since pro forma, development plans, and
engineering drawings would be based on the requirements of a previously
adopted PD District. If a scenario occurred in which a developer resumed a
project that was on hold but had an approved PD District and spent considerable
dollars on engineering plans only to find out that the PD District expired, the
Town’s reputation within the development community could be harmed. A better
approach is to work with property owners and economic development partners to
implement a project that pleases the property owner and aligns with the
Comprehensive Plan.
The special districts identified in the Plan include the Old Town District, the
Tollway District and the US 380 District. Zoning regulations and development
standards that are tailored to the Old Town District have been adopted and
should continue to be applied as new development or redevelopment occurs.
This model could also be applied to the US 380 and Tollway Districts.
Recommendation: Facilitate desired development
patterns within the Town’s corridor districts by ensuring
that zoning regulations encourage desired development
and prohibit undesirable products.
Priority should be given to ensuring appropriate development along the US 380
corridor. This corridor is comprised of several PD Districts, some of which date
back to 2000. Areas not zoned PD District are for the most part zoned
Commercial or Agricultural District. Ensuring high-quality development along this
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corridor is important because it has high development potential, serves as a
gateway to the Town, and establishes the first impression of the community.
One approach that could be used to address the zoning and development issues
within the US 380 corridor is to develop a master plan that would allow for a
coordinated approach to transportation flow, infrastructure improvements, site
access, and urban design objectives. It would also provide an opportunity to
solidify the branding theme and gateway entry treatments for the Town.
A form-based code for all or part of this corridor is another alternative to explore.
Form-based codes provide greater flexibility with respect to use while placing a
greater emphasis on design. An advantage of this tool is that it provides
predictable products. The premise is to provide land use controls through
regulation of the physical form, rather than separation of uses. This approach
seems particularly appropriate for mixed-use applications. Form-based codes are
regulations. Therefore, more development control is provided than those offered
by design guidelines or recommendations from planning documents.
Typically, form-based codes address the relationship between building facades
and the public realm, the form and mass of buildings in relation to one another,
and the scale and types of streets and blocks. The regulations are usually
presented with written descriptions and diagrams that relate to a specific plan
and design character. Many examples of form-based codes exist, providing
plenty of resources for additional consideration if appropriate.
Planning activities and particularly rezoning initiatives within this corridor should
strive to be collaborative efforts. The Economic Development Corporation could
be a resource in the process as well as other experts in the real estate arena.
Opportunities for collaboration with property owners should be encouraged.
Although a time-consuming and delicate process, consulting with property
owners about their development objectives allows for better understanding and
perhaps recognition of common ground so that opportunities for mutual benefit
can be explored. These meetings are not intended for a public forum. Meetings
will be more effective if conducted privately between individual property owners,
members of their development team and representatives from the Town. Part of
the strategy includes identifying incentives that would drive desirable density and
development activities to the corridor districts.
Sometimes traditional zoning ordinances and building codes result in unintended
consequences or create challenges as mixed-use projects strive to meet
development regulations. Encouraging mixed-use may require additional Town
focus and new initiatives. These efforts may result in a new category within the
Zoning Ordinance, a policy paper to guide developers, and/or a tool for
evaluating mixed-use districts.
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Recommendation: Conduct a mixed-use development
study to ensure that current zoning regulations and
Town policies allow for mixed-use development
opportunities without over-saturating the market.
Preparing for the eventual consideration of mixed-use projects now will help
reviewers ensure that Fire Department policies and design requirements are
accommodated and Building Code issues are properly understood, while
maintaining reasonable review cycles. Researching vertical and horizontal
mixed-use regulations from other municipalities may provide an overview of
typical requirements. In addition, consulting with planning staff from other
communities and developers of mixed-use projects provides insight into lessons
learned from their experiences, and that knowledge can be incorporated into the
Town’s policies.
Because mixed-use projects will likely merit specially tailored zoning in the form
of a planned development district, amendments to the permitted use chart are
not necessary. However, adding a definition for “mixed-use,” “loft-style
apartment,” and other uses proposed in the Plan but not specifically addressed in
the Zoning Ordinance may be helpful as the Town prepares for development of
these land uses.
Recommendation: Establish a community benchmark
questionnaire that helps planners understand how
residents and their opinions change over time.
With record setting permit activity for single-family homes showing no signs of
slowing, Prosper will continue to welcome many newcomers. For planning
purposes, it would be useful to understand better household size, where
residents work, what type of work they do, what direction they commute, what
goods and services come from outside the community, shopping habits, and
level of satisfaction with the Town.
Establishing a quality questionnaire and survey methodology will require time
and research. It is important that questions are relevant and worth tracking. The
creation of a community profile will assist future planning efforts, particularly as
the population increases and changes.
If retail trends that have led to declining store openings and the closing of
existing stores continue, the surveys will provide an opportunity to identify
alternative uses for land that was previously designated for retail use. The Town
should incorporate the timing of citizen surveys with reviews of the
Comprehensive Plan to identify potential small planning studies for further
improvement of the Town’s development climate.
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Recommendation: Initiate a planning study of the
Downtown District, and develop a Town Center Master
Plan.
Exploring in greater detail opportunities for future development such as various
types of single-family residential housing styles, mixed-use, and the Town Center
District would be beneficial. A master plan or planning study that is specific to
downtown opportunities would provide a better understanding of the long-range
objectives for this area and help maximize the economic and cultural
opportunities associated with development in this area of Town.
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Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 14, 2014
Agenda Item:
Discussion on the design of the Downtown Enhancements project.
Description of Agenda Item:
The FY 2013-2014 budget included funding for the construction of decorative street lighting in a
wide area of downtown Prosper. Town staff reviewed the scope of this project and developed an
alternative scope for the construction of sidewalks, landscaping, and decorative street lighting only
on the two blocks of Broadway that comprise the historic retail core of downtown Prosper. This
alternative scope was discussed with Town Council on May 13, 2014, at which time staff was
directed to proceed with the alternative scope. An engineering services agreement with Wier &
Associates was subsequently approved by Town Council on June 24, 2014. At that meeting, Town
Council requested that staff provide an update on the design and an opportunity to provide input at
a later date.
Wier & Associates has recently completed the preliminary design plans for the project which focus
primarily on the sidewalk expansion. Town staff from Engineering and Parks & Recreation have
separately began to develop a concept for the landscape and hardscape elements of the project.
This concept will be incorporated into the final plans prior to bidding. The following is a summary of
the major project elements:
Element Existing Proposed
Roadway 18' Driving Lanes 12' Driving Lanes
Limited Pavement Replacement
Parking 22' Parking Stalls, 90° angle 18' Parking Stalls, 60° angle
Limited Pavement Replacement
Sidewalks 10' Concrete
Irregular Appearance
20' Concrete
Lightly Exposed Aggregate
Sawed 5' x 5' Panels
Street Lighting 2 Cobra Head Lights 25 Decorative LED Lights
75' Spacing
14' Height
Landscaping None Urban Shade Trees, 75' Spacing
Open Tree Wells w/ Ground Cover
Planters
Irrigation
Prosper is a place where everyone matters.
ENGINEERING
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Page 2 of 2
The following is a summary of the plants proposed for use in the landscaping:
Element Description Plant List
Urban Shade Trees Large Canopy for Shade
Suitable for Street Planting
Cedar Elm
Live Oak
Chinese Pistachio
Open Tree Wells Semi-Circular Shape
Ground Cover & Small Shrubs
Tree in Center
Indian Hawthorne (Snow White)
Dwarf Crape Myrtle (Red)
Liriope
Nana Nandina
Loropetalum
Hamlin Grass
Weeping Lovegrass
Planters Concrete Planters
Street Lights, Intersections
Varied Color and Texture
Blue Rug Juniper
Red Lantana
Hamlin Grass
Red Yucca
Agave
Budget Impact:
The Capital Improvement Program includes $550,000 for the Downtown Enhancements project. Of
this amount, $60,000 is currently reserved for design services and $490,000 is reserved for
construction services.
Attached Documents:
1. Sample Photos of Design Elements
2. Overview of Engineering Plans
Town Staff Recommendation:
Town staff requests feedback from the Town Council on the design of the Downtown
Enhancements project.
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Sample Photos
Sheet 1 of 5
Sidewalk Treatment
Concrete, Sawed Panels Light Sandblast Finish
Tree Well Treatment
Open, Semi-Circular Open, Square
Planter Treatment
Square Round
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Sample Photos
Sheet 2 of 5
Urban Shade Trees
Cedar Elm Live Oak
Chinese Pistachio
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Sample Photos
Sheet 3 of 5
Tree Well Plantings
Indian Hawthorne (Snow White) Dwarf Crape Myrtle (Red)
Lorapetalum Nana Nandina
Liriope Hamlin Grass
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Sample Photos
Sheet 4 of 5
Planter Plantings
Blue Rug Juniper Red Lantana
Hamlin Grass Red Yucca
Agave
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Sample Photos
Sheet 5 of 5
Optional Elements
Tree Guards Benches
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