07.25.17 Town Council Regular Meeting 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 recent and upcoming events.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – July 11, 2017
Budget Work Session – July 12, 2017
4b. Consider and act upon a resolution denying the rate change request by Oncor
Electric Delivery Company due to numerous unreasonable expenses. (KN)
4c. Consider and act upon a resolution allocating certain property to the City of
Aubrey’s extraterritorial jurisdiction; releasing and waiving any and all claims of
interest or entitlement by the Town of Prosper to certain property contiguous to the
existing extraterritorial jurisdiction of the City of Aubrey; authorizing the Town
Manager to execute all related documents; and providing for the Town Council’s
consent. (TW)
4d. Consider and act upon an ordinance rezoning a portion of PD-25, on 35.9± acres,
in order to modify development standards to allow for temporary buildings at
Rogers Middle School, in Prosper Independent School District (PISD), located on
the northeast corner of Richland Boulevard and Coit Road. (Z17-0005). (AG)
4e. Consider and act upon an ordinance amending Section 12.09.004 "School Traffic
Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by
modifying the limits and hours of operation of such zones. (SG)
4f. 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, July 25, 2017
6:00 p.m.
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5. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public
Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.
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 HEARING:
6. Conduct a Public Hearing, and consider and act upon a request for a Variance to Section
1.09 of the Sign Ordinance regarding Wood Frame Signs for Tribute Senior Living in the
Prosper Town Center development, located on the northeast corner of Preston Road and
First Street. (V17-0004). (AG)
7. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose
Sign District for Prosper Town Center, located on the northeast corner of Preston Road
and First Street. (MD17-0005). (AG)
DEPARTMENT ITEM:
8. Discussion on the Gateway Monument Signage project. (DR)
9. Consider and act upon an amendment to the Wastewater Capital Improvement Plan.
(HW)
10. Consider and act upon authorizing the Town Manager to execute a Wastewater Impact
Fees Reimbursement Agreement between ALL STORAGE PROSPER TRAIL, LLC, and
the Town of Prosper, Texas, related to the extension of sanitary sewer lines to serve the
Cook Addition. (HW)
11. Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fees
Reimbursement Agreement between Longo Toyota of Prosper and the Town of Prosper,
Texas, related to the construction of Mahard Parkway to serve Longo Toyota. (HW)
12. Consider and act upon authorizing the Town Manager to execute the Second Amendment
to the Thoroughfare Improvement Development Agreement between Prosper Partners,
LP, and the Town of Prosper, Texas, related to the extension of thoroughfares to serve
the Parks at Legacy development. (HW)
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13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.087 – To discuss and consider economic development incentives.
13b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of
real property for municipal purposes and all matters incident and related thereto.
13c. Section 551.071 – Consultation with the Town Attorney regarding possible
litigation regarding bond issues, and all matters incidents and related thereto.
14. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Parks Field Quality Standards (DR)
Home Occupation Standards (JW)
16. 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 by 5:00 p.m., on July 21, 2017, and remained
so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice 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 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger (arrived at 6:12 p.m.)
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Michael Bulla, CIP Project Manager
Kelly Neal, Finance Director
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
Doug Kowalski, Police Chief
2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Kenny Thacker of Lighthouse Christian Fellowship led the invocation. The Pledge
of Allegiance and the Pledge to the Texas flag were recited.
3.Announcements of recent and upcoming events.
TxDOT has approved an all-way stop at Prosper Trail and Custer Road to be installed by
the end of July. A message board will be placed near the intersection this week to notify
motorists of the change, and stop signs will be installed approximately two weeks later.
An all-way stop was recently completed at Coit Road and FM 1461. A third all-way stop
is planned for Custer Road and FM 1461, and should be complete by the end of the
summer.
July is Parks and Recreation Month and the Prosper Parks and Recreation Department
encourages residents to enjoy the variety of parks, trails, and recreation programs that the
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, July 11, 2017
Item 4a
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Town has to offer. Several summer youth camps and adult fitness classes are now open
for registration. Visit www.prosperparksandrec.org for more information.
Kroger will open its second store in Prosper on Friday, July 14. Doors open at 8:00 a.m.,
and a Grand Opening Ceremony will take place at 9:00 a.m.
The next “Fun Fridays at Frontier” will take place on July 14 at 10:00 a.m. in Frontier Park.
This year’s theme is “Summer of Science” and throughout the summer, the Library will
hold weekly programs designed to keep young people physically and mentally fit.
The Town of Prosper will host a Water Efficient Irrigation course taught by Texas A&M
AgriLife on August 22, from 6:00-8:00 p.m. Learn about your home sprinkler system and
its components, how to do basic repairs and maintenance, and how to reprogram your
sprinkler to maximize water efficiency. The course is free of charge to Town of Prosper
residents and surrounding communities; however, registration is required. More
information is available on the Town’s website.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
Regular Meeting – June 27, 2017
4b. Receive the May Financial Report. (KN)
4c. Consider and act upon an Ordinance No. 17-51 annexing 5.7± acres generally
located on the west side of Custer Road, 1,300± feet south of Frontier
Parkway. (A17-0001). (AG)
Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a vote
of 6-0.
5. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
There were no Citizen Comments.
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
Item 4a
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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:
6. Conduct a Public Hearing, and consider and act upon a request for a Variance to
Section 1.09 of the Sign Ordinance regarding Wood Frame Signs for Tribute Senior
Living in the Prosper Town Center development, generally located on the northeast
corner of Preston Road and First Street. (V17-0004). (AG)
Mayor Smith announced that the applicant submitted a request that this item be tabled to
the July 25, 2017, Town Council meeting.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to table Item 6 to the July 25, 2017, Town Council meeting. The motion was
approved by a vote of 6-0.
Councilmember Dugger arrived at 6:12 p.m. and took his place at the Council bench.
7. Conduct a Public Hearing, and consider and act upon a request to rezone a portion
of PD-25, on 35.9± acres, in order to modify development standards to allow for
temporary buildings at Rogers Middle School, in Prosper Independent School
District (PISD), located on the northeast corner of Richland Boulevard and Coit
Road. (Z17-0005). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The request
is for a reduction in the required setback to allow for temporary buildings at Rogers Middle
School. The temporary buildings encroach on a portion of the existing sidewalk along
Richland Drive, so Prosper ISD has agreed to install a temporary sidewalk along Richland
Drive to provide a safe walkway in that area. Mr. Glushko confirmed that the request is for
a permanent zoning change, but only for temporary buildings.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon
seconded the motion to approve the request to rezone a portion of PD-25, on 35.9± acres,
in order to generally modify development standards to allow for 26 temporary buildings at
Rogers Middle School, in Prosper Independent School District (PISD), located on the
northeast corner of Richland Boulevard and Coit Road. The motion was approved by a
vote of 7-0.
DEPARTMENT ITEMS:
8. Consider and act upon an ordinance adopting and ratifying a Personnel Policies
and Regulations Manual, separating the Manual into two component parts: (1)
Personnel Policies, and (2) Administrative Regulations. (HJ)
Item 4a
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Town Manager Harlan Jefferson presented this item before the Town Council. The Town’s
policies and regulations have been separated into two component parts: Personnel
Policies and Administrative Regulations. Personnel Policies directly affect all personnel
and are governed and approved by the Town Council to effectively provide department
directors, supervisors, and employees with a written source of information to promote
uniform personnel practices and administration in the management of personnel.
Administrative Regulations are for the use and guidance of staff in performing day-to-day
tasks and contain specific internal procedures and guidelines to be followed to complete
administrative and routine duties such as completing purchase requisitions, bid
procedures, cash handling regulations, conference room reservations, etc. Upon approval
or the proposed ordinance, Administrative Regulations would be approved solely by the
Town Manager.
The policies were amended to incorporate the creation of the step plan and changes to
the annual performance review due dates. Two new policies are being proposed by the
Finance Director and have been added in the Administration Regulations for
consideration: “Chapter 15: Debt Management Policy” and “Chapter 16: Debt Post
Issuance Policy.” No other major changes to the content of the existing policies have been
made other than general grammatical and format revisions.
After discussion, Councilmember Korbuly made a motion and Councilmember Dugger
seconded the motion to approve Ordinance No. 17-52 adopting and ratifying a Personnel
Policies and Regulations Manual, separating the Manual into two component parts: (1)
Personnel Policies, and (2) Administrative Regulations. The motion was approved by a
vote of 7-0.
9. CIP Project Update. (MB)
CIP Project Manager Michael Bulla presented this item before the Town Council. At the
May 13, 2017, Town Council meeting, the Town Council requested an update on several
challenging Capital Improvement Projects.
Traffic Signal – Custer Road and Prosper Trail
An all-way stop will be installed at this intersection by the end of July. A traffic signal is
scheduled to be installed early next year. Right-of-way acquisition for the widening of
Custer Road will begin soon, and TxDOT should begin the widening project around
September of 2020.
Frontier Parkway – Dallas North Tollway to Preston Road
This project is scheduled to go out for bid in late fall of 2019, with construction to begin in
early 2020, including the bridge. Collin County will coordinate the design and construction
for this project.
FM 1461 (Frontier Parkway) – Preston Road to Custer Road
TxDOT will coordinate this project which will add shoulders to the road, as well as left turn
lanes at the intersections of Coit Road and Custer Road to serve the adjacent
developments. Four of the ultimate six lanes of FM 1461 are expected to be reconstructed
by 2024.
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West Prosper Roads
Plans for the realignment of Fishtrap Road from FM 1385 to Gee Road are almost
complete. The project should be placed out for bids within approximately 60 days. Town
staff is considering an option to avoid a shortfall in project funding by temporarily closing
a section of Fishtrap Road from Gee road to FM 1385 for approximately a year in order to
construct the required bridges over Doe Branch Creek.
Prosper Trail – Kroger to Coit Road
Final plans for this project should be complete within approximately 20 days. Several
franchises, as well as the Town and Prosper ISD, will need to relocate underground lines
in the area. Mr. Bulla suggested, and the Council concurred, to install a permanent traffic
signal at this intersection to be bid out separately from the road project.
Main Street – First Street to Broadway (Town Hall Infrastructure)
Drainage work for this project is currently underway, and the Town’s contractor will soon
work on creating a temporary parking area for construction workers. The asphalt on Main
Street from Third Street to First Street will be removed very soon to allow for underground
utility work. Councilmember Dugger inquired whether basketball goals will be installed
anywhere in downtown to replace those that were removed from the Town Hall site. Hulon
Webb, Executive Director of Development and Community Services, indicated that there
are no plans at this time to do so. The Council discussed aligning Crockett Street from
Broadway Street to First Street. Mr. Bulla suggested adding this project to the existing
First Street reconstruction project.
Broadway Street – McKinley Street to Coleman Street (Downtown Enhancements)
Plans for this project are 90% complete, and phone lines have been buried, so the poles
and pole lines in downtown should be removed within the next few weeks. Town staff will
seek Council’s feedback on final landscaping. A total of eleven street lights will be placed
approximately 140-150 feet apart. The approximate budget for this project is $1.7 million.
Mr. Bulla suggested installing power pedestals in 4-5 locations downtown to support
downtown events such as the Christmas Festival. The Council concurred.
Coleman Street Expansion
Mr. Bulla discussed the future alignment of Broadway on the east side and west side of
Coleman Street. The Town Council asked staff to research future potential traffic signals
at First Street and Coleman Street, Prosper Trail and the Dallas North Tollway, Frontier
Parkway and the Dallas North Tollway, and First Street and La Cima Boulevard.
Discussion was also held about a potential roundabout at Coleman at Broadway. The
Council inquired about expanding Coleman Street to four lanes, and the potential of a
pedestrian walkway over the BNSF Railroad. The Council complimented Town staff on
the monthly development reports.
Hulon Webb provided an update on the selection process for an engineering firm to design
the overpass at the intersection of the Dallas North Tollway and US 380.
No further action was taken on this item.
Item 4a
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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.
The Town Council recessed into Executive Session at 7:17 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town council reconvened the Regular Session at 8:17 p.m. No action was taken as
a result of Executive Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
13. Adjourn.
The meeting was adjourned at 8:19 p.m., on Tuesday, July 11, 2017.
These minutes approved on the 25th day of July, 2017.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 4a
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Michael Bulla, CIP Project Manager
Frank Jaromin, Public Works Director
Leslie Scott, Library Director
Kelly Neal, Finance Director
Leigh Johnson, IT Director
Baby Raley, Human Resources Director
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
Kent Bauer, Emergency Management Coordinator
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Natalee Warren, Dispatch Supervisor
2. The Town Council will discuss the proposed FY 2017-2018 budget.
Review Major Initiatives from 2017 Strategic Planning Session (HJ)
Town Manager Harlan Jefferson reviewed the updated Major Initiatives from the 2017
Strategic Planning Session. Mr. Jefferson discussed some projects in details and
further explained the projects that are categorized as “on hold.” The Council did not
request any changes to the Major Initiatives.
MINUTES
Special Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, July 12, 2017
Item 4a
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Review of FY 2017-2018 Budget Process and Calendar (KN)
Finance Director Kelly Neal reviewed key dates on the FY 2017-2018 budget calendar.
The proposed budget will be presented on August 8, 2017. Two required Public
Hearings will be held, and the proposed budget and tax rate will be considered for
adoption by the Town Council on September 12, 2017.
Discussion Items
i. Major Revenue Sources (KN/HW)
a. Property Values
The Town has experienced significant increases in property tax revenue over
the past four years due to growth and increases in property values. Ms. Neal
explained that the Town Council’s recent action to increase the Homestead
Exemption from 7.5% to 10% will result in approximately $1.3 million in
decreased revenue.
b. Sales Tax for Property Tax Relief
The Town Council Finance Subcommittee recently asked staff to research
the impact of converting the 0.5 cent sales tax currently assessed for property
tax relief to a Crime Control District and Fire Prevention District. Reallocating
the revenue would require an election, and would have an impact on the
calculation of the effective tax rate and rollback tax rate. The Council
requested staff follow up with additional information on all possible options
for the 0.5 cent sales tax revenue. Ms. Neal recommended the Town hire a
consultant to analyze the Town’s sales tax revenue, and also recommended
the Council appoint a committee to review and make a recommendation on
the options for the 0.5 cent sales tax.
c. Water and Sewer Rates
Finance Director Kelly Neal presented information about the Town’s water
and sewer rates which have not been updated since 2012. She presented
the results of a rate study which recommended an incremental increase in
water and sewer rates which will be phased in over the next three years. The
first increase will go into effect on October 1, 2017, upon approval from the
Town Council. The proposed rate increase is a result of increased water and
wastewater charges from the Town’s water supplier, increased operating
costs to provide water services, and increased capital needs related to the
Town’s growing water infrastructure system. The Council requested
additional information from staff regarding the minimum annual charges for
water consumption over the past five years.
d. Stormwater Rates
Hulon Webb, Executive Director of Development and Community Services,
reviewed the Town’s current monthly stormwater fees, which were last
updated in 2010. Town staff is proposing an increase in residential and
commercial stormwater fees to offset the cost for increased capital needs
related to the Town’s growing drainage infrastructure. The Council concurred
with the proposal. Town staff will propose a fee increase effective October
1, 2017, at a future Town Council meeting.
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ii. Town Fees
a. Franchise (KN)
Town staff conducted a Town-wide cost allocation study to determine the true
cost of service from the Town to the Utility Departments. Based on the
information gathered, Town staff recommended assessing an annual total
transfer from the Water, Sewer, and Stormwater Funds of 9.67%, plus a
franchise fee of 2%, to support the General Fund. The Council agreed with the
recommendation.
b. Health/Food Establishment Fees (JW)
Development Services Director John Webb updated the Council on the Town’s
current method for assessing health-related fees for food establishments,
which have not been updated since 2005. The Town currently contracts with
a third-party provider for these services; however, the individual provider is not
always able to keep up with demand for inspections. Town staff recommended
using Bureau Veritas to help keep up with demand for health inspections for
food service establishments. Town staff also recommended updating the
Town’s food establishment ordinance, and increasing fees for convenience
stores, day cares, and plan review services to be in line with the Town’s survey
cities. The Council concurred with the recommended fee increase, to be
effective on October 1, 2017.
c. Public Works (SG)
Steve Glass, Deputy Director of Engineering, updated the Council on the
Public Works fee structure, which has not been updated since 2011. Town
staff will present an item at a future Town Council meeting which will propose
an adjustment to the fee structure based on updated costs, and which will
better reflect actual work performed.
iii. CIP (HW/KN)
Hulon Webb reviewed the summary of Capital Improvement Program projects
scheduled for FY 2017-2018. The Town Council suggested several Street and
Traffic projects at the July 11, 2017, Town Council meeting. Town staff will
continue to research those projects, and present them to the Council Finance
Committee for a recommendation prior to bringing them forward for Council
consideration. Upon request from Council, Town staff will modify the CIP Summary
Report by indicating the funding source for all projects.
Mr. Webb reviewed the Parks projects for FY 2017-2018. Upon request from the
Town Council, information will be added to the CIP Summary Report to indicate
the acreage of each project, and whether the park is passive or active.
Next, Mr. Webb reviewed the Facilities portion of the CIP Summary Report, which
includes $1 million for the design of a Public Safety Complex. The Town Council
requested additional information on the previous CIP estimates for the facility, and
the design and construction costs for Fire Station No. 2.
Mr. Webb reviewed the Water, Wastewater, and Drainage projects for FY 2017-
2018.
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Ms. Neal continued the presentation by providing the Council with funding
projections for the five-year Capital Improvement Program. Current projections
assume no change in the current tax rate. Ms. Neal reminded the Council that any
change in the CIP must be in line with the Town’s debt policy. The Council
expressed an interest in improving communication with the public about capital
infrastructure expenses.
iv. Green Ribbon Funding for US HWY 380 (HW)
Hulon Webb updated the Council on upcoming Green Ribbon Funding projects
along US 380. Town staff will ask for full funding for the projects, with the hopes
that the Cities of Frisco and McKinney will partner with the Town on the projects.
Town staff will present options for the Preston Road Monument/Median project at
the July 25, 2017, Town Council meeting.
v. Grant Opportunities (KB)
Emergency Management Coordinator Kent Bauer updated the Council on the
Town’s grant process. Town policies give the Town Manager authority to apply for
grants, but the Council must ratify any grants that are awarded. The policy allows
for a streamlined process for grant applications, which can be time sensitive. Mr.
Bauer is currently pursuing six different grant opportunities for the Town.
vi. Transition to New Town Hall
a. Ribbon Cutting, Open House, State of the Town (RB)
Town Secretary/Public Information Officer Robyn Battle updated the Council
on proposals to celebrate the opening of the new Town Hall, including a Ribbon
Cutting, Open House, and a presentation of the State of the Town by Mayor
Smith.
b. Town Hall Park (HW)
Hulon Webb reviewed the Town Hall Open Space Enhancements plan.
Council directed staff to remove the cost for the Master Plan, and pursue the
project as a linear park with grass and irrigation only for now.
c. Parks & Recreation Staff (HW)
Hulon Webb presented options for the Parks and Recreation staff to be housed
either at the new Town Hall facility or at the existing facility on First Street. The
Council agreed that the staff should remain at the first street location as
proposed.
d. Town Hall Annex (KN)
Kelly Neal reviewed plans to remove the modular building that is currently
serving as the Town Hall Annex once the staff are relocated to the new Town
Hall facility. The Council concurred with the plan.
e. Facility Maintenance Costs (KN)
Ms. Neal updated the Council on a proposal to create a Facility Management
Department in the General Fund which will centralize costs associated with
maintenance expenses for the new Town Hall facility. The new department
will oversee custodial services, pest control, building supplies, and utility
services. The Council agreed with the proposal.
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f. 121 W. Broadway Renovation (DK)
Police Chief Kowalski updated the Council on the Police Department’s plan to
renovate the current Town Hall located at 121 W. Broadway as an interim
Police facility once the current Administration staff is relocated to the new Town
Hall facility. Funds have been set aside in the FY 2017-2018 budget to
renovate the building to accommodate Police personnel.
vii. Zucker Report – Phase 2 (HJ)
Town Manager Harlan Jefferson briefed the Council on Phase 2 of the Zucker
report, which the Council received under separate cover. Many recommendations
from the first phase have already been implemented. Town staff will continue to
update the Council on the implementation of additional recommendations from the
report.
Summary and wrap up
Mr. Jefferson thanked the Council and staff for their time and effort in the budget
preparation process.
3. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
3a. Section 551.087 – To discuss and consider economic development
incentives.
3b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
The Executive Session was not held.
4. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
No action was taken.
5. Adjourn.
The meeting was adjourned at 8:49 p.m., on Tuesday, July 12, 2017.
These minutes approved on the 25th day of July, 2017.
APPROVED:
Ray Smith, Mayor
Item 4a
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ATTEST:
Robyn Battle, Town Secretary
Item 4a
Page 1 of 2
To: Mayor and Town Council
From: Kelly Neal, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon a resolution denying the rate change request by Oncor Electric Delivery
Company due to numerous unreasonable expenses.
Description of Agenda Item:
Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about
March 17, 2017, with municipalities retaining original jurisdiction seeking to increase system-wide
transmission and distribution rates by $317 million or approximately 7.5% over present revenues.
The Company asks the Town to approve an 11.8% increase in residential rates and a 0.5%
increase in street lighting rates. If approved, a residential customer using 1000 kWh per month
would see a bill increase of approximately $6.68 per month.
On April 21, 2017, Council approved a resolution to suspend the effective date of Oncor Electric
Delivery Company’s requested rate change for the maximum period permitted by law to allow the
Town, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate
the filing, determine whether the filing complies with the law, and if lawful, to determine what
further strategy, including settlement, to pursue.
The Steering Committee engaged the services of three consultants to review the Company’s
filing. The consultants identified numerous unreasonable expenses and propose significant
reductions to the Company’s request. Accordingly, the Steering Committee’s attorneys
recommend that all members adopt the Resolution denying the rate change. Once the Resolution
is adopted, Oncor will have 30 days to appeal the decision to the Public Utility Commission of
Texas.
Although Oncor has increased rates many times over the past few years, this is the first
comprehensive base rate case for the Company since January 2011.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and
legality.
Attached Documents:
1. Resolution
Prosper is a place where everyone matters.
FINANCE
Item 4b
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve a resolution denying the rate change
request by Oncor Electric Delivery Company due to numerous unreasonable expenses.
Recommended Motion:
I move to approve a resolution denying the rate change request by Oncor Electric Delivery
Company due to numerous unreasonable expenses.
Item 4b
Resolution No. 17-__, Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S
(“COMPANY”) APPLICATION TO CHANGE RATES WITHIN THE TOWN
SHOULD BE DENIED; FINDING THAT THE TOWN’S REASONABLE RATE
CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING
THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas (“Town”), is an electric utility customer of Oncor
Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an
interest in the rates and charges of Oncor; and
WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor
(“Steering Committee”), a coalition of similarly situated municipalities served by Oncor that have
joined together to efficiently and cost effectively review and respond to electric issues affecting
rates charged in Oncor’s service area; and
WHEREAS, on or about March 17, 2017, Oncor filed with the Town an application to
increase system-wide transmission and distribution rates by $317 million or approximately 7.5%
over present revenues and further, the Company asked the Town to approve an 11.8% increase
in residential rates and a 0.5% increase in street lighting rates; and
WHEREAS, the Steering Committee is coordinating its review of Oncor’s application and
working with the designated attorneys and consultants to resolve issues in the Company’s filing;
and
WHEREAS, through review of the application, the Steering Committee’s consultants
determined that Oncor’s proposed rates are excessive; and
WHEREAS, the Steering Committee’s members and attorneys recommend that members
deny the Application.
NOW, THEREFORE, BE IT RESOLVED 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, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The rates proposed by Oncor to be recovered through its electric rates charged to
customers located within the Town limits are hereby found to be unreasonable and shall be
denied.
Item 4b
Resolution No. 17-__, Page 2
SECTION 3
The Company shall continue to charge its existing rates to customers within the Town.
SECTION 4
The Town’s reasonable rate case expenses shall be reimbursed in full by Oncor within
thirty (30) days of the adoption of this Resolution.
SECTION 5
It is hereby officially found and determined that the meeting at which this Resolution is
passed is open to the public as required by law and the public notice of the time, place, and
purpose of said meeting was given as required.
SECTION 6
The Town Secretary is hereby directed that a copy of this Resolution shall be sent to
Oncor, c/o Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers
Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
SECTION 7
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 25TH DAY OF JULY, 2017.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4b
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon a resolution allocating certain property to the City of Aubrey’s
extraterritorial jurisdiction; releasing and waiving any and all claims of interest or entitlement by
the Town of Prosper to certain property contiguous to the existing extraterritorial jurisdiction of the
City of Aubrey; authorizing the Town Manager to execute all related documents; and providing for
the Town Council’s consent.
Description of Agenda Item:
Sandbrock Investments, Inc., is the owner of property (Denton Central Appraisal District ID
#699079), an 18.256-acre portion of which is currently located in the Town’s extraterritorial
jurisdiction (ETJ). The owner along with the developer of the property, Horizon/Deer Creek
Development Corporation, has requested that Prosper release the 18.256-acre portion of its ETJ
in favor of the City of Aubrey since the property is being developed as a whole. The owner and
developer have agreed to the standard terms utilized by the Town in prior ETJ releases, including
development building restrictions and common area and open space dedication requirements.
The specific provisions of the ETJ release are described in the attached “Interlocal Agreement
Between the Town of Prosper and the City of Aubrey for the Allocation of Extraterritorial
Jurisdiction (ETJ), Request for Inclusion in Aubrey’s ETJ by Sandbrock Investments, Inc., and
Development Agreement Between the Town of Prosper and Horizon/Deer Creek Development
Corporation.”
The second agreement attached to this agenda item is the “Agreement Between the Town of
Prosper, Horizon/Deer Creek Development Corporation and Sandbrock Investments, Inc., for
Waiver of Claims to Extraterritorial Jurisdiction.” An approximate 265-acre arc of property
surrounds the Town’s current 18.256-acre ETJ, referenced above. There is an ongoing dispute
between the parties whether that 265-acre tract is in Aubrey’s or Prosper’s ETJ; however, by
executing this agreement, the Town waives all claims for that ETJ and in exchange, the Town
receives payment of a transaction fee and additionally, payment of attorney’s fees incurred by the
Town to the extent referenced in the agreement.
The City of Aubrey will consider and take action on the ETJ agreement at its city council meeting
scheduled for this evening, July 25.
Prosper is a place where everyone matters.
TOWN COUNCIL
Item 4c
Page 2 of 2
Budget Impact:
In accordance with the agreements, the developer will pay to the Town a transaction fee of
$100,000.00 and $4,000.00 for associated attorney’s fees.
Legal Obligations and Review:
Town Attorney Terrence S. Welch of Brown & Hofmeister, L.L.P., drafted the proposed
documentation. Signed documents, along with the appropriate certified checks referenced in the
ETJ waiver agreement, will be available at the Town Council meeting.
Attached Documents:
1.Proposed resolution.
2. Interlocal Agreement Between the Town of Prosper and the City of Aubrey for the Allocation
of Extraterritorial Jurisdiction (ETJ), Request for Inclusion in Aubrey’s ETJ by Sandbrock
Investments, Inc., and Development Agreement Between the Town of Prosper and
Horizon/Deer Creek Development Corporation.
3.Agreement Between the Town of Prosper, Horizon/Deer Creek Development Corporation and
Sandbrock Investments, Inc., for Waiver of Claims to Extraterritorial Jurisdiction.
Town Staff Recommendation:
Town staff recommends the Town Council adopt a resolution allocating certain property to the
City of Aubrey’s extraterritorial jurisdiction; releasing and waiving any and all claims of interest or
entitlement by the Town of Prosper to certain property contiguous to the existing extraterritorial
jurisdiction of the City of Aubrey; authorizing the Town Manager to execute all related documents;
and providing for the Town Council’s consent.
Proposed Motion:
I move to approve a resolution allocating certain property to the City of Aubrey’s extraterritorial
jurisdiction; releasing and waiving any and all claims of interest or entitlement by the Town of
Prosper to certain property contiguous to the existing extraterritorial jurisdiction of the City of
Aubrey; authorizing the Town Manager to execute all related documents; and providing for the
Town Council’s consent.
Item 4c
Resolution No. 17-__, Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ALLOCATING CERTAIN PROPERTY TO THE CITY OF AUBREY’S
EXTRATERRITORIAL JURISDICTION; RELEASING AND WAIVING ANY AND
ALL CLAIMS OF INTEREST OR ENTITLEMENT BY THE TOWN OF PROSPER
TO CERTAIN PROPERTY CONTIGUOUS TO THE EXISTING
EXTRATERRITORIAL JURISDICTION OF THE CITY OF AUBREY, AS MORE
FULLY DESCRIBED HEREIN; AUTHORIZING THE TOWN MANAGER TO
TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE
FOREGOING BY EXECUTING THE DOCUMENTS REFERENCED HEREIN;
PROVIDING FOR THE TOWN COUNCIL’S CONSENT TO SAME; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a private landowner owns approximately 18.256 acres in the extraterritorial
jurisdiction (“ETJ”) of the Town of Prosper, Texas (“Prosper”), which property is part of an
approximate 2,422-acre tract of land more particularly described in Ordinance No. 351-04 of the
City of Aubrey, Texas (Aubrey”), incorporated by reference; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper to
reduce and release portions of its ETJ; and
WHEREAS, Prosper and the City of Aubrey, along with the owner and developer of the
property described in City of Aubrey Ordinance No. 351-04, have negotiated an Agreement
relative to the Town’s release of its ETJ in favor of Aubrey, along with certain development
restrictions to be enforced on the approximately 18.256-acre tract to be released by Prosper; and
WHEREAS, Prosper also has agreed to waive any claims to certain property that arguably
was located in Prosper’s ETJ, but such contention was disputed by the City of Aubrey, the owner
and developer relative to such property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute (1)
the “Interlocal Agreement Between the Town of Prosper and the City of Aubrey for the Allocation
of Extraterritorial Jurisdiction (ETJ), Request for Inclusion in Aubrey’s ETJ by Sandbrock
Investments, Inc., and Development Agreement Between the Town of Prosper and Horizon/Deer
Creek Development Corporation”; (2) the “Agreement Between the Town of Prosper,
Horizon/Deer Creek Development Corporation and Sandbrock Investments, Inc., for Waiver of
Claims to Extraterritorial Jurisdiction”; and (3) take any and all other actions necessary to
effectuate the same. This Resolution shall constitute consent by the Town Council to the terms
and conditions contained in said Agreements.
Item 4c
Resolution No. 17-__, Page 2
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 25TH DAY OF JULY, 2017.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4c
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Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon an ordinance rezoning a portion of PD-25, on 35.9± acres, in order to
modify development standards to allow for temporary buildings at Rogers Middle School, in
Prosper Independent School District (PISD), located on the northeast corner of Richland
Boulevard and Coit Road. (Z17-0005).
Description:
On July 11, 2017, the Town Council approved the rezoning request, by a vote of 7-0, and an
ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance rezoning a portion of PD-25,
on 35.9± acres, in order to modify development standards to allow for temporary buildings at
Rogers Middle School, in Prosper Independent School District (PISD), located on the northeast
corner of Richland Boulevard and Coit Road.
Proposed Motion:
I move to approve an ordinance rezoning a portion of PD-25, on 35.9± acres, in order to modify
development standards to allow for temporary buildings at Rogers Middle School, in Prosper
Independent School District (PISD), located on the northeast corner of Richland Boulevard and
Coit Road.
Prosper is a place where everyone matters.
PLANNING
Item 4d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE AND ORDINANCE NO. 06-73, BY REZONING
A TRACT OF LAND CONSISTING OF 35.863 ACRES, MORE OR LESS,
SITUATED IN THE JAMES STONE SURVEY, ABSTRACT NO. 847, AND THE
I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25
(PD-25) TO PLANNED DEVELOPMENT-82 (PD-82); 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 the Town’s Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from
Prosper Independent School District (“Applicant”), to rezone 35.863 acres of land, more or less,
situated in the James Stone Survey, Abstract No. 847, and the I.C. Williamson Survey, Abstract
No. 948, 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, THAT:
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 the Town’s Zoning Ordinance and Ordinance No. 06-73. The Town’s
Zoning Ordinance, adopted by Ordinance No. 05-20 and Ordinance No. 06-73 are amended as
follows: The zoning designation of the below-described property containing 35.863 acres of
land, more or less, situated in the James Stone Survey, Abstract No. 847, and the I.C.
Williamson Survey, Abstract No. 948, 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-82 (PD-82). The property as a whole and the boundaries for
Item 4d
Ordinance No. 17-__, Page 2
each zoning classification are more particularly described in Exhibit A and attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with 1) the statement of intent and purpose, attached
hereto as Exhibit B; 2) the planned development standards, attached hereto as Exhibit C; 3) the
concept plan, attached hereto as Exhibit D, 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.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a.Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b.One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
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 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 4d
Ordinance No. 17-__, 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 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 25TH DAY OF JULY, 2017.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4d
Item 4d
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
engineers
surveyors
landscape architects
www.tnpinc.com
June 6, 2017
Alex Glushko
Town of Prosper
409 E. First St.
Prosper, TX 75078
RE: Exhibit B (Z17-0005) - Statement of Intent and Purpose – Rogers Middle School
Mr. Glushko,
It is Prosper ISD’s intent to amend the current zoning for the Rogers Middle School property to reduce the building
setback and landscape setback to 10 feet. This is being requested due to the need for additional temporary
buildings to create more classroom space. Please reference Exhibit D for proposed building locations.
Sincerely,
tnp
teague nall & perkins
Chris Schmitt, P.E.
Principal
Item 4d
Z17-0005
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
PISD-ROGERS MIDDLE SCHOOL
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s Zoning
Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision
Ordinance, as it exists or may be amended, shall apply.
1.Except as noted below, the Tract shall develop in accordance with the Single Family-
15 (SF-15) District, as it exists or may be amended.
2.Development Plans
A.Concept Plan: The tract shall be developed in general accordance with the
attached concept plan, set forth in Exhibit D.
3. Regulations
A.Size of Yards:
i.Minimum Front Yard – Thirty five (35) feet. Ten (10) feet along Richland
Boulevard for Temporary Buildings.
ii.Minimum Side Yard – Ten (10) feet; fifteen (15) feet on corner adjacent to
side street.
iii.Minimum Rear Yard – Twenty five (25) feet.
4.Non-Residential Landscaped Area Requirements
A.All non-residential landscaped area requirements set forth in the Zoning Ordinance
shall apply, except as follows:
i.The landscape area may be reduced to ten (10) feel for the portions of a
property adjacent to Richland Boulevard where Temporary Buildings are
located.
Item 4d
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Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
engineers
surveyors
landscape architects
www.tnpinc.com
June 6, 2017
Alex Glushko
Town of Prosper
409 E. First St.
Prosper, TX 75078
RE: Exhibit E (Z17-0005) - Development Schedule – Rogers Middle School
Mr. Glushko,
Prosper ISD is requesting that the proposed setback reduction be implemented immediately following approval
from the Planning & Zoning Commission.
Sincerely,
tnp
teague nall & perkins
Chris Schmitt, P.E.
Principal
Item 4d
Page 1 of 1
To: Mayor and Town Council
From: Steve Glass P.E., Deputy Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of
Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and
hours of operation of such zones.
Description of Agenda Item:
On May 30, 2017, Town staff met with the Prosper Independent School District (PISD) to discuss
modifying the hours of operations for the school zone along La Cima Boulevard. The discussion
was to extend the afternoon school zone time to allow students walking home from Rogers Middle
School additional time to cross La Cima Boulevard. In addition to the Town adjusting the time for
the school zone flashers along La Cima Boulevard, the PISD will extend the time for the crossing
guard at this location until the end of the new school zone time. The proposed school zone time
changes are as follows:
Arrowhead Drive From La Cima Boulevard
to 120 feet southeast of La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 3:20PM 4:00 PM
La Cima Boulevard From 300 feet southwest of Arrowhead Drive
to 300 feet northeast of Arrowhead Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20PM 4:00 PM
Monticello Drive From 130 feet northwest of La Cima Boulevard
to La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 3:20PM 4:00 PM
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Attached Documents:
1. Ordinance
2.Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance amending Section 12.09.004
"School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by
modifying the limits and hours of operation of such zone.
Proposed Motion:
I move to approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12
"Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of
operation of such zones.
Prosper is a place where everyone matters.
ENGINEERING
Item 4e
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 12.09.004, “SCHOOL TRAFFIC ZONES,” OF CHAPTER 12,
“TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER BY MODIFYING THE LIMITS ON WHICH SCHOOL
ZONES ARE ESTABLISHED; MODIFYING THE HOURS OF OPERATION
OF SUCH ZONES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, Section 541.302 of the Texas Transportation Code defines a "school
crossing zone" as a reduced-speed zone designated on a street by a local authority to facilitate
safe crossing of the street by children going to or leaving a public or private elementary or
secondary school during the time the reduced speed limit applies; and
WHEREAS, Section 545.356 of the Texas Transportation Code provides that the
governing body of a municipality may alter prima facie speed limits by ordinance based on the
results of an engineering and traffic investigation; and
WHEREAS, the Town Council has investigated and finds that it is necessary for the
protection and safety of children going to and leaving public elementary and secondary schools
within Prosper to amend Section 12.09.004, "School Traffic Zones," of the Code of Ordinances
to modify the reduced speed school zones on certain public streets as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
Existing Section 12.09.004, “School Traffic Zones,” of Chapter 12, “Traffic and Vehicles,”
of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the
limits on which school zones are established, and the hours of operation of such zones
contained in subsection (c) thereof, to read as follows:
Item 4e
Ordinance No. 17- , Page 2
Street Name Limits Hours of
Operation
Speed
Limit
Cockrell Elementary School
Escalante Trail From Whitley Place Drive
to Prosper Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Fisher Road From Escalante Drive
to 200 feet east of Escalante Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Mesa Drive From Escalante Drive
to 200 feet east of Escalante Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Orchard Grove Drive From west end of roadway
to Escalante Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Prosper Trail From 750' west of Escalante Trail
to 300' east of Escalante Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Red Wing Drive From Escalante Drive
to 215 feet east of Escalante Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Whitley Place Drive From 150 feet southwest of Escalante Trail
to 170 feet northeast of Escalante Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Folsom Elementary School
Arrowhead Drive From La Cima Boulevard
to 120 feet southeast of La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Arrowhead Drive From 270 feet northwest of Sommerville Drive
to Sommerville Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Buffalo Springs Drive From 200 feet north of Cedar Lake Drive
to 185 feet south of Cedar Lake Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Calaveras Court From 260 feet northwest of Sommerville Drive
to Sommerville Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Cedar Lake Drive From 135 feet west of Buffalo Springs Drive
to White River Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
La Cima Boulevard From 300 feet southwest of Arrowhead Drive
to 300 feet northeast of Arrowhead Drive
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Livingston Drive From 180 feet northwest of Salada Drive
to Twin Buttes Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Monticello Drive From 130 feet northwest of La Cima Boulevard
to La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Salada Drive From Livingston Drive
to 175 feet north east of Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Sommerville Drive From White River Drive
to Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Texana Drive From Livingston Drive
to 180 feet northeast of Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Twin Buttes Drive From Livingston Drive
to 170 feet northeast of Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
White River Drive From 190 feet south of Cedar Lake Drive
to 280 feet north of Sommerville Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Rucker Elementary School
Craig Road From 100 feet north of Preston Road
to 100 feet south of First Street
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Item 4e
Ordinance No. 17- , Page 3
Windsong Elementary School
Fishtrap Road From 300 feet west of Redstem Drive
to 300 feet east of Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Paddock Lane From 265 feet west of Redstem Drive
to Redstem Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Porosa Lane From 200 feet west of Redstem Drive
to Redstem Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Redstem Drive From 85 feet north of Marigold Lane
to Fishtrap Road
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Copper Canyon
Drive
From 80 feet south of Lantana Lane to Fishtrap
Road
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Lantana Lane From 200 feet east of Copper Canyon Drive to
Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Pine Leaf Lane From 265 feet east of Copper Canyon Drive to
Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Prairie Clover Lane From 265 feet east of Copper Canyon Drive to
Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Sweet Clover Drive From 265 feet east of Copper Canyon Drive to
Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Reynolds Middle School
Church Street From 30 feet north of Eighth Street
to Prosper ISD Property Line
7:40 AM to 8:25 AM
3:10 PM to 3:55 PM 20
Coleman Street From 160 feet north of Gorgeous Drive
to 60 feet south of Wilson Drive
7:40 AM to 8:25 AM
3:10 PM to 3:55 PM 20
Rogers Middle School
Coit Road From 300 feet south of Richland Boulevard
to 1,150 feet north of Richland Boulevard
7:25 AM to 8:25 AM
3:10 PM to 3:55 PM 20
Richland Boulevard From 300 feet west of Coit Road
to east end of roadway
7:25 AM to 8:25 AM
3:10 PM to 3:55 PM 20
Prosper High School
Coleman Street From 110 feet east of Talon Lane
to 1,900 feet east of Talon Lane
7:55 AM to 8:40 AM
3:30 PM to 4:15 PM 20
Frontier Parkway From 3,930 feet west of SH 289 (Preston Road)
to 3,305 feet west of SH 289 (Preston Road)
7:55 AM to 8:40 AM
3:30 PM to 4:15 PM 20
SECTION 3
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 repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
Item 4e
Ordinance No. 17- , Page 4
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of 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.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF JULY, 2017.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Item 4e
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Item 4e
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
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 that were acted on by the Planning & Zoning Commission at their
July 18, 2017, 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 Preliminary Site Plan or Site Plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1.Site Plan for Rogers Middle School Temporary Buildings
2.Site Plan for Craig Road Offices
Attachment Summary:
Project Name Type Location Building Size
Existing/
Proposed
Uses
Known
Tenant(s)
Rogers Middle
School
Site Plan Northeast corner of
Richland Boulevard
and Coit Road
1,536 square
feet per
building
(26 buildings)
Middle
School
Temporary
Classroom
Buildings
PISD
Craig Road
Offices
Site Plan Northeast corner of
First Street and
Craig Road
7,277 square
feet total
(4 buildings)
Conversion
of Homes to
Offices
Unknown
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 4f
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FIRST STREET
CONCRETE SURFACE
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1 STORY
BRICK & FRAME
RESIDENCE
FF=767.43
1 STORY
FRAME
GARAGE
FF=766.06
1 STORY
FRAME
RESIDENCE
FF=768.07
1 STORY
BRICK & FRAME
RESIDENCE
FF=765.96
1 STORY
BRICK & FRAME
RESIDENCE
FF=763.68
1 STORY
BRICK & FRAME
RESIDENCE
FF=760.83
A TRACT OF LAND
DESCRIBED IN A DEED TO
PROSPER ISD
VOL. 1723, PG. 868
R.P.R.D.C.T.
A TRACT OF LAND
DESCRIBED IN A DEED TO
JOE E. GODBERRY
VOL. 4110, PG. 1058
R.P.R.D.C.T.
TBM1 MAG NAIL SET
Z=761.33TBM2 MAG NAIL SET
Z=750.20 5'
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PROP. ADA RAMP W/ HANDRAIL
PROP. B.F.R.
PROP. B.F.R. PER
TOWN STANDARDS
PROP. B.F.R. PER
TOWN STANDARDS
PROP. B.F.R.
PROP. B.F.R.
PROP. B.F.R.
LAND USE: SINGLE FAMILY
RESIDENTIAL
ZONING:
DTO
LAND USE: ELEMENTARY SCHOOL
ZONING:
SF-15
FLUME W/ METAL PLATE.
SEE DETAIL SHEET C-12
FLUME W/ METAL PLATE.
SEE DETAIL SHEET C-11
EXISTING
1,817 SF
EXISTING
1,824 SF
EXISTING
1,809 SF
EXISTING
1,826 SF
PROP. ROCK RIP/RAP
2
1
1
2
1
2
1 2
PROP. CURB W/ WALL
RELOCATED A/C UNIT
W/ SCREENING WALL
RELOCATED
A/C UNIT W/
SCREENING
WALL
RELOCATED
A/C UNIT W/
SCREENING
WALL
EXISTING A/C UNIT
W/ SCREENING WALL
RELOCATED POWER POLE
EXISTING FH
LOT 5
BLOCK A
LOT 1
BLOCK A
LOT 2
BLOCK A
LOT 3
BLOCK A
LOT 4
BLOCK A
1
1
1
1
PROP. ROCK RIP/RAP
FLUME W/ METAL PLATE.
SEE DETAIL SHEET C-11
PROP. ROCK RIP/RAP
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TEXAS REGISTRATION #14199
MAM
PRELIMINARY
CLAYMOORE ENGINEERING
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COUNTY SURVEY:ABSTRACT NO.
COLLIN --
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET
DENTON, TX 76201
PH: 940.222.3009
BROWN & GRIFFIN REAL ESTATE ADVISORS, LP
1061 N. COLEMAN, SUITE 90
PROSPER, TEXAS 750578
PH: 972.347.9900
THE VILLAGE OF PROSPER
BLOCK A, LOT 1-5
1.317 ACRES (57,380 SQ. FT.)
OFFICE BUILDING HOME CONVERSIONS
CONTACT NAME: LUKE BROWN
CONTACT NAME: MATT MOORE
CONTACT NAME: LARRY SPRADLING
SITE PLAN
CASE #: D17-0047
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
LEGEND
EX. FIRE HYDRANT
PROPOSED FIRE HYDRANT
PROPOSED HEAVY DUTY
CONCRETE PAVEMENT
PROPOSED PRIVATE SIDEWALK
PROPOSED DUMPSTER AREA
CONCRETE PAVEMENT
PROPOSED STANDARD DUTY
CONCRETE PAVEMENT
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
TOWN OF PROSPER SITE PLAN GENERAL NOTES:
1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE
WITH THE ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH
THE ZONING ORDINANCE.
3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS
CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE
ZONING ORDINANCE.
6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE
DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR
AS DIRECTED BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL
TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM
TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS
OF THE CURRENT, ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND
ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL
APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.
14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES
AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND
BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN
STANDARDS.
15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE
APPROVED BY THE ENGINEERING DEPARTMENT.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED
UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN
ACCORDANCE WITH THE ZONING ORDINANCE.
19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE
CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER,
CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT
PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING
REQUIREMENTS.
20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.
BENCHMARK:
1. TBM2 'X' CUT IN CONCRETE ON EXISTING DROP
INLET NORTHWEST CORNER OF PROPERTY.
POSTED ELEVATION: 743.94
2. TBM1 'X' CUT IN CONCRETE CURB INLET LOCATED
NEAR SOUTHWEST CORNER OF PROPERTY TRAIL,
747.26 FEET
WATER METER SCHEDULE
ID TYPE SIZE NO.
DOM. 2" 1
IRR. 1 1/2" 1
1
2
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
N.T.S.
VICINITY MAP
N
SITE
E 1ST ST
N P
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AIR CONDITIONING UNIT
GAS METER
ELECTRIC METER
TELEPHONE RISER / PEDESTAL
CONSTRUCTION SCHEDULE
PROP. GARBAGE TOTERS
(TO BE SCREENED BY STONE WING WALL TO MATCH
FACADE OF BUILDING)
1
Item 4f
Page 1 of 3
On
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Variance to Section 1.09
of the Sign Ordinance regarding Wood Frame Signs for Tribute Senior Living in the Prosper
Town Center development, located on the northeast corner of Preston Road and First Street.
(V17-0004).
History:
At the July 11, 2017 and June 13, 2017, Town Council meetings, this item was tabled to allow
the applicant an opportunity to formally submit an application for a Special Purpose Sign District
(SPSD), in order to provide context for the ultimate signage configuration in the Prosper Town
Center development and have the case heard together. The formal application for the SPSD
for Prosper Town Center was received by the Town on June 19, 2017, case MD17-0005, which
is also scheduled for consideration at the July 25, 2017, Town Council meeting.
At the June 13, 2017, meeting, Town Council requested clarification on the proposed timeframe
the wood frame signs would be permitted to remain on the property. The current Sign
Ordinance requires the wood frame signs to be removed by the time of issuance of a Certificate
of Occupancy; however, the applicant has requested the signs remain for a period of twelve (12)
months from issuance of the building permit, which cannot occur until the Variance is approved.
In addition, the Council expressed concern regarding the precedent that will be set with
approving wood frame signs off-site from the property for which is being advertised.
Given the application of a SPSD, to clarify the duration the time are permitted to remain on the
property, and to avoid any precedent which may be set, staff recommends the wood frame
signs be removed from the property at or before issuance of a Certificate of Occupancy, or at or
before issuance of a permit for a unified development sign which provides advertising for the
Tribute Senior Living facility, whichever occurs first.
Description of Agenda Item:
This request is for a Variance to the Sign Ordinance regarding wood frame signs for Tribute
Senior Living in the Prosper Town Center. The Sign Ordinance requires wood frame signs to be
located on the property for which a sign is advertising, to be setback a minimum 15 feet from
any adjacent property line, and to be removed prior to issuance of a Certificate of Occupancy.
Prosper is a place where everyone matters.
PLANNING
Item 6
Page 2 of 3
Even though the Sign Ordinance classifies these signs as “wood frame,” the supporting frame
may be metal, which is the case in this instance.
The applicant is proposing three off-site metal frame signs, one of which is within 15 feet of
adjacent property lines, and to allow the signs to remain for a period of twelve months, which
may result in signs remaining following issuance of the Certificate of Occupancy. The three
signs were installed on the properties without seeking Town approval.
The following is a picture of one of the existing signs:
Although the signs are located off-site, and one is within 15 feet of the adjacent property lines,
the multiple properties comprising the Prosper Town Center development are under common
ownership, along with the Tribute Senior Living property. The signs are 11 feet in height, 32-
square feet in size, and constructed of metal, which meet the standards of the Sign Ordinance.
The Sign Ordinance contains five criteria to be considered in determining the validity of a sign
variance request. The applicant has provided a response letter addressing these criteria.
1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical
difficulty on the applicant;
2. The proposed sign shall not adversely impact and will be wholly compatible with the use and
permitted development of the adjacent property (visibility, size, etc.);
Item 6
Page 3 of 3
3. The proposed sign shall be of a unique design or configuration;
4. The special exception is needed due to a hardship caused by restricted area, shape, topography,
or physical features that are unique to the property or structure on which the proposed sign would
be erected, and such hardship is not self-imposed; and
5. The special exception will substantially improve the public convenience and welfare and does not
violate the intent of this Ordinance.
Town staff believes that this request is in harmony with the intent of the Sign Ordinance and is
reasonable given the temporary nature of the signage and that the criteria for variance approval
has been satisfied.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance.
Staff has not received any Public Hearing Notice Reply Forms.
Attached Documents:
1. Location map
2. Sign Variance exhibits
3. Request letter
Staff Recommendation:
Staff recommends the Town Council approve a Variance to Section 1.09 of the Sign Ordinance
regarding Wood Frame Signs for Tribute Senior Living in the Prosper Town Center
development, generally located on the northeast corner of Preston Road and First Street,
subject to:
1. Removal of the wood frame signs from the property at or before issuance of a Certificate of
Occupancy, or at or before issuance of a permit for a unified development sign which provides
advertising for the Tribute Senior Living facility, whichever occurs first.
Proposed Motion:
I move to approve a Variance to Section 1.09 of the Sign Ordinance regarding Wood Frame
Signs for Tribute Senior Living in the Prosper Town Center development, generally located on
the northeast corner of Preston Road and First Street, subject to:
1. Removal of the wood frame signs from the property at or before issuance of a Certificate of
Occupancy, or at or before issuance of a permit for a unified development sign which provides
advertising for the Tribute Senior Living facility, whichever occurs first.
Item 6
±0 120 240 36060Feet
V17-0004
Item 6
Item 6
Item 6
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Page 1 of 6
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Special Purpose Sign
District for Prosper Town Center, located on the northeast corner of Preston Road and First
Street. (MD17-0005).
Description of Agenda Item:
As defined in the Sign Ordinance, a Special Purpose Sign District (SPSD) is an overlay district
that permits an applicant the option of designating an area where signs may deviate from the
underlying sign code regulations. Town Council has the authority to approve, conditionally
approve, or deny requests for Special Purpose Sign Districts. Specifically, the purpose of this
request is to allow:
1)Unified development signs and monument signs to encroach the minimum distance separation
requirements;
2)Unified development signs to have increased signage areas;
3)Unified development signs and monument signs to encroach the minimum property line setback
requirements; and
4)Unified development signs to have modified sign text placement.
The applicant is proposing a total of nine (9) unified development signs (three of which are
existing) in addition to the three (3) existing monument signs. Exhibit B shows the location of
the existing and proposed unified development signs and the existing monument signs. Exhibit
C show the four proposed unified development signs, including a curved wall design. Exhibit D
identifies the specific deviations to the Sign Code requested by the applicant.
Per the Sign Code, unified development signs shall not be located closer than 750 feet from
another unified development sign or within 75 feet of an existing monument sign. Based on this
requirement, a maximum of five (5) unified development signs would be permitted within the
Prosper Town Center development; however, the applicant is proposing nine (9), three (3) of
which are existing. The applicant is proposing one unified development sign that would be
permitted within 75 feet of an existing monument sign.
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 6
•Preston Road – Existing Signs
o Two (2) unified development signs:
o Three (3) monument signs:
Item 7
Page 3 of 6
• Preston Road – Proposed Additional Signs
o Two unified development signs, including one (1) curved wall sign
While the proposed curved wall sign at the corner of Preston Road and First Street could be a unique
entry feature for the Prosper Town Center, staff does not see circumstances to warrant the second,
traditional unified development sign, noted as “UDS-4 C” on Exhibit B, that would be 185 feet north of
the curved wall sign and 355 feet south of the existing unified development sign on Preston Road. In
lieu of that unified development sign, a monument sign could be located on that corner lot in
accordance with the Sign Code.
Item 7
Page 4 of 6
•First Street – Existing Sign
o One unified development sign
•First Street – Proposed Additional Signs
o Three (3) unified development signs (one is the curved wall design)
As noted for the Preston Road/First Street curved wall sign, the proposed curved wall sign
on First Street at Hays Road can also serve as an entry feature, but the two (2) additional
unified development signs, noted as “UDS-1 A and UDS-2 A on Exhibit B, are excessive
with no justification to vary from the 750-foot separation. Each of the proposed pad site lots
along First Street can have their own monument sign. Staff recommends that if one
additional unified development sign is permitted, that no monument signs be permitted along
First Street.
Item 7
Page 5 of 6
•Hays Road – Proposed Sign
o One unified development sign
The proposed sign on Hays Road will be located 850 feet north of First Street. Staff supports
this sign as long as there are not numerous, additional monument signs along Hays Road.
If the Sign Code’s provision was applied in regard to the 750-foot separation between unified
development signs, a maximum of five (5) signs would be permitted. The applicant is
requesting nine (9) signs. Staff is recommending approval of seven (7) signs with the limitation
on additional monument signs along First Street. Should the applicant not be agreeable to that
limitation, staff recommends that only the curved wall sign on First Street and Hays Road be
permitted and signs “UDS-1 A” and “UDS-2 A” be removed from the plan.
Per the Sign Code, unified development signs are permitted a maximum of 120 square feet of
sign area. The applicant is proposing four signs that have a maximum of 120 square feet of
sign area (one of which is existing), two with a maximum of 135 square feet of sign area (one of
which is existing), one with a minimum of 185 square feet of sign area (which is existing), and
two that are a curved wall design with a maximum of 175 square feet of sign area. The
applicant is proposing three new unified development signs which exceed the maximum
requirement sign area; one is a ‘typical’ unified development which exceeds the maximum sign
area by 15 square feet, and the other two are the curved wall style which offers a unique
atypical unified development sign option. Staff recommends approval of this provision.
Per the Sign Code, unified development signs and monument signs are required to be setback
a minimum of 15 feet from a property line, the applicant is proposing to reduce the required
setback from 15 fee to 5 feet from a property line. In addition, the lettering on signs is required
to be located a minimum of 6 inches from the top and sides of a sign, and 12 inches from the
bottom of a sign. The applicant is proposing to allow lettering less than 6 inches from the top
and sides of a sign, and less than 12 inches from the bottom of a sign. Staff believes the
request to reduce the minimum setback from the property line is reasonable given the setback
encroachments are adjacent to properties within the same development and the modification to
the sign text placement will allow for consistency with the existing signs.
The applicant has provided a letter detailing the basis for this request, which is attached for
reference.
Item 7
Page 6 of 6
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance.
Town staff has not received any Public Hearing Notice Reply Forms.
Attachments:
1.Location Map
2.Special Purpose Sign District Exhibits & Pictures of Existing Signs
3.Response Letter
Town Staff Recommendation:
Town staff recommends the Town Council approve a request for a Special Purpose Sign District
for Prosper Town Center, subject to
1.Removing the proposed unified development sign “UDS-4 C” on Preston Road;
2. Removing either the proposed unified development sign “UDS-1 A” or “UDS-2 A” on First
Street, with the condition that no individual lot monument signs be permitted on First Street;
and
3.A maximum of one (1) additional monument sign shall be permitted along Hays Road.
Proposed Motion:
I move to approve a request for a Special Purpose Sign District for Prosper Town Center,
subject to
1.Removing the proposed unified development sign “UDS-4 C” on Preston Road;
2.Removing either the proposed unified development sign “UDS-1 A” or “UDS-2 A” on First
Street, with the condition that no individual lot monument signs be permitted on First Street;
and
3.A maximum of one (1) additional monument sign shall be permitted along Hays Road.
Item 7
FIRST ST
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MOUNTAIN CREEK LN
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MD17-0005
±0 400 800200Feet
Item 7
Item 7
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Item 7
Item 7
June 19, 2017
Revised July 5, 2017
Revised July 10, 2017
Exhibit D
Sign Schedule / Development Standards
for
Prosper Town Center
Unified Development Signs
UDS-1 Shall be permitted to be located less than 750’ of CW-2, UDS-2, and UDS-3, in
accordance with Exhibit B.
UDS-2 Shall be permitted to be located less than 750’ of UDS-1, UDS-3, and CW-1, in
accordance with Exhibit B.
UDS-3 Shall be permitted to be located less than 750’ of UDS-1, UDS-2, and CW-1, in
accordance with Exhibit B.
UDS-4 Shall be permitted to be located less than 750’ of CW-1, UDS-5, and UDS-6, and
is less than the required 75’ from EM-3, in accordance with Exhibit B.
UDS-5 Shall be permitted to be located less than 750’ of UDS-4, CW-1, and UDS-6, in
accordance with Exhibit B.
UDS-6 Shall be permitted to be located less than 750’ of UDS-4 and UDS-5 and is less
than the required 75’ from EM-2, in accordance with Exhibit B.
Signs shall be permitted to encroach into setback requirements, in accordance with Exhibit
B. Minimum sign setback is 5’ for all signs.
UDS-3 and UDS-4 shall be permitted a maximum area of 135 sq. ft, in accordance with
Exhibit C.
UDS-5 shall be permitted a maximum area of 185 sq. ft, in accordance with Exhibit C.
CW-1 and CW-2 shall be permitted a maximum area of 175 sq. ft.
UDS-3, UDS-4, UDS-5, CW-1, and CW-2 – sign text shall be permitted to be less than 6”
from top of sign and less than 12” from bottom of sign.
All signage shall be permitted to have sign text less than 6” from the sides of the signs.
Item 7
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Page 1 of 1
To: Mayor and Town Council
From: Dudley Raymond, RLA, Director of Parks and Recreation
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Discussion of the Gateway Monument Signage project.
Description of Agenda Item:
At the March 14, 2017, Town Council meeting, a Professional Services Agreement with Halff
Associates, Inc., was approved. The scope of services included design of conceptual drawings and
budgets for prototypical gateway monuments, to be located at various major and minor gateway
locations throughout the Town. Halff Associates, Inc., will also prepare contract documents and
specifications for the SH 289 (Preston Road) and US HWY 380 gateway monument location.
Program items at each location shall include gateway monuments which may include windmill
elements, permanent flags, temporary flags, flag lighting, water elements and lighting.
The purpose of this discussion is to receive feedback and direction from the Town Council regarding
the Gateway Monument being designed on Preston Road and US HWY 380. Halff Associates, Inc.,
will be presenting the following information:
•Visual assessment of US 380 major gateways and Preston Road flyover;
•Photographed and documented physical characteristics and size of median area; and
•Present conceptual drawings for review and comment.
Budget Impact:
Costs associated with the directed concept, scale and size of the project will have an impact of the
construction cost of the project. Current proposed budget for FY 2017-2018 is $250,000.
Town Staff Recommendation:
Town staff recommends that the Town Council discuss and provide direction on the proposed
concept and elements regarding the Gateway Monument Signage project.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 8
Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon an amendment to the Wastewater Capital Improvement Plan.
Description of Agenda Item:
With the recent proposed development of the All Storage along the east side Cook Lane south of
Prosper Trail, the question arose of where to obtain sanitary sewer service. On the existing Town
of Prosper Wastewater System Capital Improvement Plan, a sanitary sewer line is shown to
connect to the Town’s Public Works Interceptor project south of the Prestonwood Baptist property
and traverse the church’s property, decommissioning the church’s lift station. While the existing
plan does not show the continuation of the sanitary sewer line to Cook Lane, the intention of this
line was to provide service to the church and a connection point for the properties east of
Prestonwood Baptist Church.
In discussions with the affected property owners, the desire was to relocate the sanitary sewer line
proposed on the existing Wastewater System Capital Improvement Plan to Cook Lane to serve the
properties east of Prestonwood Baptist Church instead of running a sanitary sewer line through the
church’s property. Staff has worked with the engineer for the All Storage project and it has been
confirmed that this alternate route is feasible. The purpose of this amendment to the Wastewater
Capital Improvement Plan is to reflect the desired change in location for the sanitary sewer line.
Attached Documents:
1.Existing Town of Prosper Wastewater System Capital Improvement Plan
2.Proposed Town of Prosper Wastewater System Capital Improvement Plan
Town Staff Recommendation:
Town staff recommends that the Town Council amend the Wastewater Capital Improvement Plan.
Proposed Motion:
I move to approve an amendment to the Wastewater Capital Improvement Plan.
Prosper is a place where everyone matters.
ENGINEERING
Item 9
Existing Town of Prosper Wastewater System Plan
Item 9
Proposed Town of Prosper Wastewater System Plan
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Wastewater Impact Fees
Reimbursement Agreement between ALL STORAGE PROSPER TRAIL, LLC, and the Town of
Prosper, Texas, related to the extension of sanitary sewer lines to serve the Cook Addition.
Description of Agenda Item:
ALL STORAGE PROSPER TRAIL, LLC, is developing the Cook Addition property and in order for
the development to occur, they will be required to extend sanitary sewer lines as depicted on the
Town of Prosper Wastewater System Capital Improvement Plan. Since the proposed sanitary
sewer lines are depicted on the Town of Prosper Wastewater System Capital Improvement Plan,
the actual costs for the design and construction of the improvements are eligible for reimbursement
of wastewater impact fees collected from the development.
The purpose of the Wastewater Impact Fees Reimbursement Agreement is to outline the
obligations of the Town of Prosper and ALL STORAGE PROSPER TRAIL, LLC, related to the
design, construction, and reimbursement of collected wastewater impact fees to fund the project.
Budget Impact:
Today’s estimated cost for the design and construction of the sanitary sewer lines is $454,900. If
after ten years there still exists a balance of reimbursements due, the Town will reimburse ALL
STORAGE PROSPER TRAIL, LLC, from applicable wastewater impact fee funds.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. ALL STORAGE PROSPER TRAIL, LLC, will contribute $5,000 towards the legal
preparation fees.
Attached Documents:
1.Town of Prosper Wastewater System Capital Improvement Plan
2. Wastewater Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Wastewater Impact Fees Reimbursement Agreement between ALL STORAGE PROSPER TRAIL,
LLC, and the Town of Prosper, Texas, related to the extension of sanitary sewer lines to serve the
Cook Addition.
Prosper is a place where everyone matters.
ENGINEERING
Item 10
Page 2 of 2
Proposed Motion:
I move to authorize the Town Manager to execute a Wastewater Impact Fees Reimbursement
Agreement between ALL STORAGE PROSPER TRAIL, LLC, and the Town of Prosper, Texas,
related to the extension of sanitary sewer lines to serve the Cook Addition.
Item 10
Town of Prosper Wastewater System Plan – Cook Addition
Item 10
1
WASTEWATER IMPACT FEES REIMBURSEMENT AGREEMENT
(Cook Addition)
THIS WASTEWATER IMPACT FEES REIMBURSEMENT AGREEMENT
(“Agreement”) is made and entered into this 25th day of July, 2017, by and between the
Town of Prosper, Texas (“Prosper” or the “Town”), and ALL STORAGE PROSPER
TRAIL, LLC, a Texas limited liability company ( “Developer”), collectively referred to as
the “Parties.”
W I T N E S S E T H:
WHEREAS, Developer is developing a project in the Town known as Cook
Addition (“Cook Addition”), which development previously has been approved, in part,
by the Town, and which contains multiple development phases; and
WHEREAS, the legal description of the Cook Addition property (“Property”) is
attached hereto as Exhibit A and incorporated by reference; and
WHEREAS, the Town and Developer wish to address the construction of the
Public Works Interceptor Project (“Project”), to the extent referenced herein, and any
reference to the Project in this Agreement relates only to that portion of the Public
Works Interceptor Project to be constructed by Developer; and
WHEREAS, the Project is depicted in attached Exhibit B; and
WHEREAS, the Project shall be constructed by Developer on property owned by
Developer and in Town right-of-way or on other property to be obtained as either public
right-of-way or as a utility easement, and further, the Parties acknowledge that the
remainder of the Public Works Interceptor Project will or may be constructed by the
Town; and
WHEREAS, for purposes of this Agreement and as more fully described herein,
the Property is included in a wastewater impact fee reimbursement area, hereinafter
referenced as the Reimbursement Area, as depicted in attached Exhibit C, incorporated
by reference;
WHEREAS, the Town has adopted a Wastewater Capital Improvements Plan
(“Wastewater CIP”) as part of its impact fee ordinance, contained in Article 10.02 of
Chapter 10 of the Town’s Code of Ordinances, as amended, all of which were adopted
pursuant to the authority contained in Chapter 395 of the Texas Local Government
Code, as amended; and
WHEREAS, the Public Works Interceptor Project in its entirety is contained on
the Town’s Wastewater CIP; and
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WHEREAS, the Project’s construction costs would otherwise be eligible for
reimbursement from sewer impact fees lawfully imposed by the Town; and
WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of the
Project proceed expeditiously and uniformly.
NOW, THEREFORE, in consideration of the foregoing premises and for other
good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Town and Developer covenant and agree as follows:
1. Developer’s Construction of the Project. The Parties agree and
acknowledge that Developer shall construct the Project in accordance with the Town’s
design and construction standards,. Within ninety (90) days of the Town’s acceptance
of the Project, Developer shall be eligible for reimbursement of actual costs incurred by
Developer in construction of the Project, and such other reimbursable and related costs,
if any, mutually agreed upon by the Town and Developer. Further, upon the Town’s
acceptance of the Project, all improvements constructed by Developer shall become the
property of the Town, and Developer agrees that it will execute all appropriate
documentation relative thereto, including the dedication at no cost of necessary right-of-
way or utility easements for the benefit of the Town.
2. Construction Costs and Reimbursement. Provided Developer
constructs, and the Town accepts, the Project, Developer shall be reimbursed impact
fee-eligible costs for the construction costs associated with the Project. The phrase
“construction costs” as used herein shall mean the actual construction costs, including
design costs, construction costs, engineering costs, surveying costs and geotechnical
materials testing associated with the Project. The current estimated construction costs
for the Project are $454,900.00, as reflected in Exhibit D, attached hereto. No
construction costs for the Project shall be incurred by Developer until Developer submits
the construction costs to the Town Engineer for review and written approval. The Town
will use its reasonable efforts to forward any reimbursement amount to Developer,
quarterly and as applicable, on January 15, April 15, July 15, and October 15 of each
year beginning the first quarterly date after the Town accepts the Project.
3. Reimbursements from Wastewater Impact Fees. Any reimbursement
to Developer contemplated by this Agreement shall come only from wastewater impact
fees collected by the Town from eligible property in the Reimbursement Area, as
depicted in Exhibit C, and shall be paid to Developer until the entire amount due to
Developer is paid in full. The reimbursement of wastewater impact fees for the Project
shall cease when the amount tendered, through the reimbursement of collected
wastewater impact fees, equals the construction costs, defined above.
4. Obligation to Reimburse. In the event that full reimbursement has not
been made to Developer by the Town after the expiration of ten (10) years from the date
of acceptance of the Project, as reflected in the Wastewater CIP and as contemplated
Item 10
3
by this Agreement, the Town shall endeavor to reimburse Developer from applicable
wastewater impact fee funds.
5. Third Party Project Easements or Right-of-Way.
(a) The parties shall cooperate with each other in obtaining from third parties any
and all easements or right-of-way (collectively, “Third Party Project Easements”) for the
Project depicted in Exhibit B.
(b) Developer shall be responsible for any and all costs and expenses
associated with acquiring, by purchase or condemnation, all Third Party Project
Easements, including, but not limited to, title work, appraisals, expert fees, attorneys’
fees and expenses, engineering fees and expenses, surveying fees and expenses,
court costs, commissioner’s fees and costs of appeal, if any (“Easement Acquisition
Fees”). If requested by the Town, Developer shall, at its sole cost and expense, lead all
easement acquisition efforts for the Third Party Project Easements, including, but not
limited to, providing all necessary engineering and surveying support required to obtain
the Third Party Project Easements as required. Developer shall pay any and all
Easement Acquisition Fees within twenty-one (21) calendar days of receiving a written
request from the Town for the same.
(c) The Town will, at Developer’s sole cost and expense, provide, among any
other assistance deemed reasonably necessary by the Town, technical, engineering,
legal and administrative assistance, as selected by the Town, to acquire, by purchase or
condemnation, the Third Party Project Easements. The Town shall review and approve
any and all documents associated with the Third Party Project Easements required
herein. If the Town determines, in its reasonable discretion, that condemnation
proceedings are necessary to secure the Third Party Project Easements, the Town shall
have the right to, at Developer’s sole cost and expense, take any and all steps the Town
deems necessary to initiate said proceedings.
(d) The Third Party Project Easements shall be filed and recorded prior to the
commencement of construction of the Project or any portion thereof, unless a Right of
Entry is secured, a condemnation award is tendered with the registry of the court and/or
a right of possession by any other means is obtained on an earlier date.
(e) If the Third Party Project Easements are not obtained, or the Town has not
secured the right to possess, in a form reasonably acceptable to the Town, the land
made the subject of the Third Party Project Easements, within ninety (90) days after the
execution hereof on terms acceptable to the Town, then the Town shall commence, and
thereafter diligently pursue to completion, condemnation proceedings to obtain such
Third Party Project Easements as soon as reasonably possible. Notwithstanding
anything to the contrary herein, the Town and Developer agree that the Town may
initiate condemnation proceedings prior to the expiration of the ninety (90) days referred
to in this Paragraph.
Item 10
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6. Assignment. Developer shall have the right to assign this Agreement, in
whole or in part, which party (or parties) shall have the option to construct the Project.
As to the sale of land by Developer to any party to whom this Agreement has not been
assigned, in whole or in part, the purchaser thereof shall have no rights or obligations
under this Agreement and this Agreement shall not apply with respect to such land.
This Agreement shall not be filed of record.
7. Default. If Developer fails to comply with any provision of this Agreement
after receiving fifteen (15) days written notice to comply from Town or such longer
period as may be reasonably necessary provided that Developer commences to cure
the default or breach within the 15-day period and proceeds with reasonable diligence
thereafter to complete such cure, then so long as such default continues and is not
cured, Town shall have the following remedies, in addition to Town’s other rights and
remedies:
(a) to refuse to accept any public improvements on the Property;
and/or
(b) to construct and/or complete the Project and to recover any and all
costs and expenses associated with the construction and/or completion of same,
including, but not limited to, any and all reasonable attorney’s fees and costs
associated therewith; and/or
(c) to seek specific enforcement of this Agreement.
In the event Town fails to comply with the terms and conditions of this
Agreement, Developer may seek specific enforcement of this Agreement and/or bring
suit to recover any amounts due and owing hereunder (but not consequential or punitive
damages) as its sole and exclusive remedies.
8. Other Applicable Development Ordinances. Unless otherwise
expressly stipulated in this Agreement, nothing herein shall relieve any developer from
responsibilities for the construction of other public improvements under applicable
development ordinances of the Town.
9. Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Collin County, Texas. Venue for any action arising under
this Agreement shall lie in Collin County, Texas.
10. Notices. Any notices required or permitted to be given hereunder shall be
given by certified or registered mail, return receipt requested, to the addresses set forth
below or to such other single address as either party hereto shall notify the other:
Item 10
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If to the Town: Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Att’n: Town Manager’s Office
If to Developer: Mark McDowell
Manager
All Storage Prosper Trail, LLC
82 Armstrong Drive
Mustang, Oklahoma 73064
With a copy to:
Coy Quine
Quine & Associates, Inc.
301 S. Sherman, Suite 100
Richardson, Texas 75081
11. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its
reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees
on any appeal).
12. Sovereign Immunity. The parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement; however, for purposes of enforcement of this Agreement, Town agrees that
it has waived its sovereign immunity, and to that extent only.
13. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the effective date; (b) form the basis upon which the parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the parties, as evidenced by the recitals, shall be taken into consideration and,
to the maximum extent possible, given full effect. The parties have relied upon the
recitals as part of the consideration for entering into this Agreement and, but for the
intent of the parties reflected by the recitals, would not have entered into this
Agreement.
14. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
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15. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original if properly executed.
16 Entire Agreement. This Agreement contains the entire agreement
between the parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Agreement shall be
construed as a whole and not strictly for or against any party.
17. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or
unenforceable, the Agreement shall, to the extent reasonably possible, remain in force
as to the balance of its provisions as if such invalid provision were not a part hereof.
18. Notification of Sale or Transfer. Developer shall notify the Town in
writing of a sale or transfer of all or any portion of the Property where Developer plans
to assign all or a portion of this Agreement, as contemplated herein, within ten (10)
business days of such sale or transfer.
19. Authority to Execute. The Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. This Agreement is
and shall be binding upon Developer, its successors, heirs, assigns, grantees, vendors,
trustees, representatives, and all others holding any interest now or in the future.
20. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to mediation.
21. Indemnification. From the Effective Date of this Agreement to the date
on which all work with respect to the Project is completed and all improvements, as
contemplated herein, have been accepted by the Town, Developer, individually and on
behalf of its respective officers, directors, partners, employees, representatives, agents,
successors, assignees, vendors, grantees and/or trustees, does hereby agree to
release, defend, indemnify and hold harmless Town and its elected and appointed
officials, officers, employees and agents from and against all damages, injuries
(including death), claims, property damages (including loss of use) losses, demands,
suits, judgments and costs, including reasonable attorney’s fees and expenses
(including attorney’s fees and expenses incurred in enforcing this indemnity), caused by
the negligent, grossly negligent, and/or intentional act and/or omission of the applicable
developer, its officers, directors, partners, employees, representatives, agents, or any
other third parties for whom such developer is legally responsible, in its/their
performance of this Agreement, including but not limited to, the construction of the
Item 10
7
Project contemplated herein (hereinafter “claims”). Developer is expressly required to
defend the Town against all such claims arising under this Agreement, and the Town is
required to reasonably cooperate and assist developer(s) in providing such defense.
22. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation
hereunder to defend and indemnify the Town. The Town reserves the right to provide a
portion or all of its’ own defense, at its sole cost; however, the Town is under no
obligation to do so. Any such action by the Town is not to be construed as a waiver of
Developer’s obligation to defend the Town or as a waiver of Developer’s obligation to
indemnify the Town pursuant to this Agreement. Developer shall retain Town-approved
defense counsel within seven (7) business days of the Town’s written notice that the
Town is invoking its right to indemnification under this Agreement.
23. Survival. Paragraph 21, “Indemnification,” and Paragraph 22, “Approval
of Counsel,” shall survive the termination of this Agreement.
24. Additional Representations. Each signatory represents this Agreement
has been read by the Party for which this Agreement is executed and that such Party
has had the opportunity to confer with its counsel.
25. 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.
26. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and
the Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
27. Applicability of Town Ordinances. The signatories hereto shall be
subject to all applicable ordinances of the Town, whether now existing or in the future
arising.
28. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple,
by easement or otherwise, to the Town for utility purposes, including the provision of
wastewater services to any lots that may be platted, relative to any development on the
Property is roughly proportional to the need for such land and Developer hereby waives
any claim therefor that it may have. Developer further acknowledges and agrees that all
prerequisites to such a determination of rough proportionality have been met, and that
any costs incurred relative to said donation are related both in nature and extent to the
impact of the development referenced herein. Both Developer and the Town further
agree to waive and release all claims one may have against the other related to any and
all rough proportionality and individual determination requirements mandated by the
Item 10
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United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its
progeny, as well as any other requirements of a nexus between development conditions
and the provision of wastewater services to the Property.
29. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to
Prosper any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among
other things, legal review and revision of this Agreement and all further agreements,
ordinances or resolutions contemplated by this Agreement, negotiations and
discussions with Developer’s attorney and the provision of advice to applicable Prosper
Town Staff and the Prosper Town Council, in an amount not to exceed $5,000.00 within
ten (10) days upon receipt of an invoice of same from Prosper.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Item 10
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THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Harlan Jefferson
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2017, by Harlan Jefferson, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
Item 10
10
ALL STORAGE PROSPER TRAIL, LLC,
a Texas limited liability company
By:
Mark McDowell,
Manager
STATE OF OKLAHOMA )
)
COUNTY OF CANADIAN )
Before me, the undersigned authority, a notary public in and for the State of
Oklahoma, on this day personally appeared MARK McDOWELL, Manager of ALL
STORAGE PROSPER TRAIL, LLC, a Texas limited liability company, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purpose and consideration expressed, and in
the capacity therein stated, on behalf of such entity.
Given under my hand and seal of office this ____ day of July, 2017.
_____________________________________
Notary public in and for the State of Oklahoma
My commission expires: _________________
Item 10
11
EXHIBIT A
(Property Legal Description)
Item 10
12
Item 10
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EXHIBIT B
(Depiction of Project to be Constructed by Developer)
Item 10
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EXHIBIT C
(Reimbursement Area)
Item 10
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EXHIBIT D
(Estimated Project Construction Costs)
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fees
Reimbursement Agreement between Longo Toyota of Prosper and the Town of Prosper, Texas,
related to the construction of Mahard Parkway to serve Longo Toyota.
Description of Agenda Item:
Longo Toyota is developing a car dealership on US 380 just west of Mahard Parkway and has
constructed the portion of Mahard Parkway adjacent to their property. Since the roadway is
depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and
construction of the improvements are eligible for credit of roadway impact fees to be collected from
the development and reimbursement from other properties identified in the agreement.
The purpose of the Roadway Impact Fees Reimbursement Agreement is to outline the obligations
of the Town of Prosper and Longo Toyota related to the design, construction, and
credit/reimbursement of roadway impact fees to fund the project. Since Mahard Parkway is
included in the limits of TIRZ No. 2, the costs associated with this project will reduce (on a dollar-
for-dollar basis) the Maximum Construction Payment outlined in the Development and Financing
Agreement between the Town of Prosper and MSW Prosper 380 LP.
Budget Impact:
The actual cost for the design and construction of the roadway is $710,246.01. Per the terms of the
agreement, Longo Toyota will receive a roadway impact fee credit of $280,779.25, the amount of
roadway impact fees due for their development. The remaining amount, $429,466.76, shall be
reimbursed to them from roadway impact fees collected from other properties identified in the
agreement. If after ten years there still exists a balance of reimbursements due, the Town will
reimburse Longo Toyota from applicable funds.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. Longo Toyota, will contribute $5,000 towards the legal preparation fees.
Attached Documents:
1.Town of Prosper Thoroughfare Plan
2.Roadway Impact Fees Reimbursement Agreement
Prosper is a place where everyone matters.
ENGINEERING
Item 11
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Roadway
Impact Fees Reimbursement Agreement between Longo Toyota of Prosper and the Town of
Prosper, Texas, related to the construction of Mahard Parkway to serve Longo Toyota.
Proposed Motion:
I move to authorize the Town Manager to execute a Roadway Impact Fees Reimbursement
Agreement between Longo Toyota of Prosper and the Town of Prosper, Texas, related to the
construction of Mahard Parkway to serve Longo Toyota.
Item 11
Town of Prosper Thoroughfare Plan – Longo Toyota
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Item 11
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ROADWAY IMPACT FEES REIMBURSEMENT AGREEMENT
(Longo Toyota)
THIS LONGO TOYOTA OF PROSPER ROADWAY IMPACT FEES
REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this 25th
day of July, 2017, by and between the Town of Prosper, Texas (“Prosper” or the
“Town”), and GWood 2 LLC, a California limited liability company (“Developer”),
collectively referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Developer is developing a new Toyota dealership project now
known as Longo Toyota of Prosper (the “Dealership Project”) in the Town and the
zoning for the Dealership Project previously was approved by the Town in Ordinance
No. 14-71; and
WHEREAS, the legal description of the Dealership Project property (the
“Property”) is attached hereto as Exhibit A; and
WHEREAS, the Town and Developer wish to address the construction by
Developer of a portion of the thoroughfare known as Mahard Parkway, a portion of
which is adjacent to the Dealership Project, and the timing and payment of associated
costs related thereto; and
WHEREAS, the Town and Developer acknowledge that the construction of
Mahard Parkway is mutually beneficial to the Town and Developer; and
WHEREAS, the Town has adopted a Roadway Capital Improvements Plan
(“Roadway CIP”) as part of its impact fee ordinance, contained in Article 10.02 of
Chapter 10 of the Town’s Code of Ordinances, as amended, all of which was adopted
pursuant to the authority contained in Chapter 395 of the Texas Local Government
Code, as amended; and
WHEREAS, for purposes of this Agreement and as more fully described herein,
the Property is included in a roadway impact fee reimbursement area, hereinafter
referenced as the Reimbursement Area, as depicted in attached Exhibit B, incorporated
by reference; and
WHEREAS, in an effort to facilitate the construction of Mahard Parkway serving,
among other properties, Longo Toyota of Prosper, the Parties have agreed to the terms
and provisions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and for other
good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Town and Developer covenant and agree as follows:
Item 11
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1. Roadway Impact Fees and Roadway CIP Projects. Mahard Parkway is
an impact-fee eligible roadway project as identified on the Town’s Roadway CIP.
Developer agreed to construct its portion of such roadway project adjacent to the
Property and therefore, Developer is eligible for reimbursement of a proportional
amount of its construction costs. The Town and Developer acknowledge that any
reimbursements to Developer will be subject to the Development and Financing
Agreement for Tax Increment Reinvestment Zone No. 2.
2. Construction Costs and Reimbursement. Developer has constructed
that portion of Mahard Parkway that is adjacent to the Property, the Town accepted the
same on July 19, 2017, and Developer is now entitled to and shall be reimbursed
impact fee-eligible costs for the construction costs associated with such Roadway CIP
Project. The phrase “construction costs” as used herein shall mean the actual
construction cost, including design costs, construction cost, engineering costs,
surveying costs and geotechnical materials testing associated with such Roadway CIP
Project. Developer and the Town hereby agree and stipulate that the actual
construction costs for Developer’s portion of Mahard Parkway is $710,246.01 as
depicted in Exhibit B, for which Developer shall receive a roadway impact fee credit of
$280,779.25. The remaining amount, $429,466.76, shall be reimbursed to Developer,
as hereinafter referenced.
3. Reimbursements from Roadway Impact Fees. Any reimbursement to
Developer contemplated by this Agreement shall come only from roadway impact fees
collected by the Town from roadway impact fee-eligible development. Specifically, any
roadway impact fees by the Town as contemplated by this Agreement collected from
eligible property in the Reimbursement Area, as depicted in Exhibit C, shall be paid to
Developer until the entire amount due to Developer is paid in full. The reimbursement
of roadway impact fees for any Roadway CIP Project in the Reimbursement Area shall
cease when the amount tendered, through the reimbursement of collected roadway
impact fees and/or the waiver of impact fees equals $429,466.76. The Town will use its
reasonable efforts to forward any reimbursement amount to Developer, quarterly and as
applicable, on January 15, April 15, July 15, and October 15 of each year beginning
October 15, 2017, provided the Mahard Parkway project has been timely accepted by
the Town.
4. Obligation to Reimburse. In the event that full reimbursement has not
been made to Developer by the Town after the expiration of ten (10) years from the date
of the Town’s acceptance of Developer’s portion of Mahard Parkway as set forth in
Paragraph 2 above, as reflected in the Roadway CIP and as contemplated by this
Agreement, the Town shall endeavor to reimburse Developer from applicable roadway
impact fee funds.
5. Roadway Impact Fees Collected. Developer and the Town
acknowledge and agree that the roadway impact fees collected from the
Reimbursement Area may be less than the reimbursements to which Developer is
Item 11
3
entitled and the Town does not guarantee the amount of roadway impact fees from the
Reimbursement Area that will be collected.
6. Assignment. Developer shall have the right to assign this Agreement, in
whole, only to a person or entity that succeeds Developer as the owner of the Property.
As to any sale of the Property by Developer to any party to whom this Agreement has
not been assigned, such purchaser shall have no rights or obligations under this
Agreement and this Agreement shall not apply with respect to such purchaser. This
Agreement shall not be filed of record.
7. Default. If Developer fails to comply with any provision of this Agreement
after receiving fifteen (15) days’ written notice to comply from the Town or such longer
period as may be reasonably necessary provided that Developer commences to cure
the default or breach within the 15-day period and proceeds with reasonable diligence
thereafter to complete such cure, the Town may seek specific enforcement of this
Agreement and/or bring suit to recover any amounts due and owing hereunder (but not
consequential or punitive damages) as its sole and exclusive remedies.
8. Other Applicable Development Ordinances. Unless otherwise
expressly stipulated in this Agreement, nothing herein shall relieve Developer from
responsibilities Developer may have for the construction of other public improvements
under applicable development ordinances of the Town.
9. Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising
under this Agreement shall lie in Denton County, Texas.
10. Notices. Any notices required or permitted to be given hereunder shall be
given by certified or registered mail, return receipt requested, to the addresses set forth
below or to such other single address as either party hereto shall notify the other:
If to the Town: The Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Attn: Town Manager’s Office
If to Developer: Douglas Eroh
Executive Vice President
Penske Motor Group, LLC
3534 N. Peck Road
El Monte, California 91731
Item 11
4
11. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its
reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees
on any appeal).
12. Sovereign Immunity. The parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement; however, for purposes of enforcement of this Agreement, the Town agrees
that it has waived its sovereign immunity, and to that extent only.
13. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the effective date; (b) form the basis upon which the parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the parties, as evidenced by the recitals, shall be taken into consideration and,
to the maximum extent possible, given full effect. The parties have relied upon the
recitals as part of the consideration for entering into this Agreement and, but for the
intent of the parties reflected by the recitals, would not have entered into this
Agreement.
14. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
15. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original if properly executed.
16. Entire Agreement. This Agreement contains the entire agreement
between the parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Agreement shall be
construed as a whole and not strictly for or against any party.
17. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or
unenforceable, the Agreement shall, to the extent reasonably possible, remain in force
as to the balance of its provisions as if such invalid provision were not a part hereof.
18. Notification of Sale or Transfer. Developer shall notify the Town in
writing of a sale or transfer of all or any portion of the Property where Developer plans
to assign all or a portion of this Agreement, as contemplated herein, within ten (10)
business days of such sale or transfer.
Item 11
5
19. Authority to Execute. The Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. This Agreement is
and shall be binding upon Developer, its successors, heirs, assigns, grantees, vendors,
trustees, representatives, and all others holding any interest now or in the future.
20. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to mediation.
21. Indemnification. Developer, individually and on behalf of its respective
officers, directors, partners, employees, representatives, agents, successors,
assignees, vendors, grantees and/or trustees, does hereby agree to release, defend,
indemnify and hold harmless the Town and its elected and appointed officials, officers,
employees and agents from and against all damages, injuries (including death), claims,
property damages (including loss of use) losses, demands, suits, judgments and costs,
including reasonable attorney’s fees and expenses (including attorney’s fees and
expenses incurred in enforcing this indemnity), caused by the negligent, grossly
negligent, and/or intentional act and/or omission of Developer, its officers, directors,
partners, employees, representatives, agents, or any other third parties for whom such
developer is legally responsible, in its/their performance of this Agreement, including but
not limited to, the construction of any Roadway CIP Project contemplated herein
(hereinafter “Claims”). Developer is expressly required to defend the Town against all
such claims arising under this Agreement, and the Town is required to reasonably
cooperate and assist developer(s) in providing such defense.
22. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation
hereunder to defend and indemnify the Town. The Town reserves the right to provide a
portion or all of its’ own defense, at its sole cost; however, the Town is under no
obligation to do so. Any such action by the Town is not to be construed as a waiver of
Developer’s obligation to defend the Town or as a waiver of Developer’s obligation to
indemnify the Town pursuant to this Agreement. Developer shall retain Town-approved
defense counsel within seven (7) business days of the Town’s written notice that the
Town is invoking its right to indemnification under this Agreement.
23. Survival. Paragraph 21, “Indemnification,” and Paragraph 22, “Approval
of Counsel,” shall survive the termination of this Agreement.
24. Additional Representations. Each signatory represents this Agreement
has been read by the Party for which this Agreement is executed and that such Party
has had the opportunity to confer with its counsel.
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25. 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.
26. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and
the Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
27. Applicability of Town Ordinances. The signatories hereto shall be
subject to all applicable ordinances of the Town, whether now existing or in the future
arising.
28. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is roughly
proportional to the need for such land and Developer hereby waives any claim therefor
that it may have. Developer further acknowledges and agrees that all prerequisites to
such a determination of rough proportionality have been met, and that any costs
incurred relative to said donation are related both in nature and extent to the impact of
the development referenced herein. Both Developer and the Town further agree to
waive and release all claims one may have against the other related to any and all
rough proportionality and individual determination requirements mandated by the United
States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny,
as well as any other requirements of a nexus between development conditions and the
provision of roadway services to the Property.
29. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to
Prosper any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among
other things, legal review and revision of this Agreement and all further agreements,
ordinances or resolutions contemplated by this Agreement, negotiations and
discussions with Developer’s attorney and the provision of advice to applicable Prosper
Town Staff and the Prosper Town Council, in an amount not to exceed $5,000.00 within
ten (10) days upon receipt of an invoice of same from Prosper.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date first above written.
Item 11
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THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Harlan Jefferson
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2017, by Harlan Jefferson, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
Item 11
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GWOOD 2 LLC, a California limited liability
company
By: ________________________________
Name: ________________________________
Title: ________________________________
STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
Before me, the undersigned authority, a notary public in and for the State of
California, on this day personally appeared _______________, _______________ of
GWood 2 LLC, a California limited liability company, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that
she executed the same for the purpose and consideration expressed, and in the
capacity therein stated, on behalf of such entity.
Given under my hand and seal of office this ____ day of _______________,
2017.
_____________________________________
Notary public in and for the State of California
My commission expires: _________________
Item 11
9
EXHIBIT A
(Property Legal Description)
Final Plat Next Page
Item 11
10
Item 11
11
EXHIBIT B
(Construction Costs)
Item 11
12
EXHIBIT C
(Depiction of the Reimbursement Area)
GST
Prosper
Ford
Company
Legacy Hwy 380 LP CJDR
(Outside
Limits)
Reimbursement Area includes Legacy Hwy 380 LP and Ford
Company properties. GST Prosper property to receive credit in-
lieu of reimbursement.
Item 11
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 25, 2017
Agenda Item:
Consider and act upon authorizing the Town Manager to execute the Second Amendment to the
Thoroughfare Improvement Development Agreement between Prosper Partners, LP, and the Town
of Prosper, Texas, related to the extension of thoroughfares to serve the Parks at Legacy
development.
Description of Agenda Item:
Per the terms of the original Thoroughfare Improvement Development Agreement, Prosper
Partners, LP, is developing the Parks at Legacy and in order to facilitate the first phase of the
development, constructed two lanes of Legacy Drive from US 380 to Prairie Drive, and two lanes of
Prairie Drive from the western limits of the Parks at Legacy, Phase One to Legacy Drive.
The First Amendment to the Thoroughfare Improvement Development Agreement expanded the
scope of the thoroughfares to be constructed as follows: Four lanes of Legacy Drive from Prairie
Drive to the northern limits of the Parks at Legacy subdivision north of Prairie Drive, four lanes of
Prairie Drive from the western limits of the Parks at Legacy subdivision to the eastern limits of the
Parks at Legacy subdivision, and the two western lanes of Mahard Parkway from the southern
limits of the Parks at Legacy subdivision to the northern limits of the Parks at Legacy subdivision.
Prosper Partners, LP, and the Town agreed that the southern lanes of Prairie Drive and the
western lanes of Mahard Parkway shall not be required to be constructed by Prosper Partners, LP,
if the construction costs do not balance with anticipated reimbursement totals and/or due to
existing agreements in place for those improvements.
The purpose of the Second Amendment is to amend portions of the Thoroughfare Improvement
Development Agreement related to reimbursement of the thoroughfare impact fees associated with
property within the Parks at Legacy development that has been sold to Meritage Homes. Meritage
Homes is developing the Hills at Legacy, Phase One subdivision on the northeast corner of Legacy
Drive and Prairie Drive. Prosper Partners and Meritage Homes are requesting that the Meritage
Property not be assessed thoroughfare impact fees, and that the amount of reimbursement be
reduced by $488,237 to Prosper Partners. This is the equivalent amount of thoroughfare impact
fees that would have been assessed against the Meritage Property. The obligation to construct the
two eastern lanes of Legacy Drive and two northern lanes of Prairie Drive adjacent to the proposed
development, per the terms of the First Amendment to the Thoroughfare Improvement
Development Agreement, remains.
Prosper is a place where everyone matters.
ENGINEERING
Item 12
Page 2 of 2
Budget Impact:
The estimated cost for the design and construction of two lanes of Legacy Drive from US 380 to
Prairie Drive, four lanes of Legacy Drive from Prairie Drive to the northern limits of the Parks at
Legacy subdivision north of Prairie Drive, four lanes of Prairie Drive from the western limits of the
Parks at Legacy subdivision to the eastern limits of the Parks at Legacy subdivision, and the two
western lanes of Mahard Parkway from the southern limits of the Parks at Legacy subdivision to
the northern limits of the Parks at Legacy subdivision, is approximately $8,948,482. Per the terms
of the Second Amendment to the Thoroughfare Improvement Development Agreement, the
thoroughfare impact fees, in the amount of $488,237, that are anticipated to be collected with the
Hills at Legacy, Phase One, will be reduced from the overall thoroughfare impact fees
reimbursement to Prosper Partners, LP, towards the actual costs of the improvements. Since the
anticipated costs of the roadways will exceed the reimbursements from the Parks at Legacy, the
Town will also provide reimbursements from thoroughfare impact fees collected within the service
area. If after ten years there still exists a balance of reimbursements due, the Town will reimburse
Prosper Partners, LP, from applicable funds.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Town of Prosper Thoroughfare Plan
2. Second Amendment to the Thoroughfare Improvement Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute the
Second Amendment to the Thoroughfare Improvement Development Agreement between Prosper
Partners, LP, and the Town of Prosper, Texas, related to the extension of thoroughfares to serve
the Parks at Legacy development.
Proposed Motion:
I move to authorize the Town Manager to execute the Second Amendment to the Thoroughfare
Improvement Development Agreement between Prosper Partners, LP, and the Town of Prosper,
Texas, related to the extension of thoroughfares to serve the Parks at Legacy development.
Item 12
Town of Prosper Thoroughfare Plan – The Parks at Legacy
PRAIRIE DRIVE
Item 12
SECOND AMENDMENT TO THOROUGHFARE IMPROVEMENT
DEVELOPMENT AGREEMENT (Parks at Legacy) – Page 1
v7
After Recording Return to:
Town Manager
Town of Prosper
P. O. Box 307
Prosper, Texas 75078
SECOND AMENDMENT TO
THOROUGHFARE IMPROVEMENT DEVELOPMENT AGREEMENT
(Parks at Legacy)
THIS SECOND AMENDMENT TO THOROUGHFARE IMPROVEMENT
DEVELOPMENT AGREEMENT (the "Amendment") is made and entered into as of this 25th
day of July, 2017 (the "Effective Date"), by and among, PROSPER PARTNERS, LP, a Texas
limited partnership ("Developer"), MERITAGE HOMES OF TEXAS, LLC, a Texas limited
liability company ("Meritage"), and THE TOWN OF PROSPER, TEXAS, a Texas home-rule
municipality ("Town"), on the terms and conditions hereinafter set forth.
W I T N E S S E T H:
WHEREAS, Developer and Town entered into that certain Thoroughfare Improvement
Development Agreement (the "Original Thoroughfare Agreement") dated July 22, 2014, and
recorded as Document Number 2014-88313 in the Official Records of Denton County, Texas,
and that certain First Amendment to Thoroughfare Improvement Development Agreement
(the "First Thoroughfare Amendment", and collectively with the Original Thoroughfare
Agreement, the "Thoroughfare Agreement") dated December 8, 2015 and recorded as
Document Number 2015-147028 in the Official Records of Denton County, and Document
Number 2017-____________ in the Official Records of Collin County, whereby Developer was
granted certain rights and undertook certain obligations relating to Thoroughfare Improvements
on that certain property owned by Developer as described therein (the "Property"); and
WHEREAS, on or about December 15, 2015, Developer sold a portion of the Property to
Meritage subject to the Thoroughfare Agreement, which portion is described on Exhibit A
attached hereto and made a part hereof (the "Meritage Property"); and
WHEREAS, Developer, Meritage and Town desire to amend portions of the
Thoroughfare Agreement related to reimbursement of the Thoroughfare Impact Fees with respect
to the Meritage Property; and
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Amendment, Town and Developer agree as follows:
1. Defined Terms. All capitalized terms used in this Amendment, to the extent not
otherwise expressly defined herein, shall have the same meanings ascribed to such terms in the
Thoroughfare Agreement.
Item 12
SECOND AMENDMENT TO THOROUGHFARE IMPROVEMENT
DEVELOPMENT AGREEMENT (Parks at Legacy) – Page 2
v7
2. Thoroughfare Impact Fees. Section 3(a) of the Original Thoroughfare Agreement is
hereby modified to add the following:
Notwithstanding the foregoing, the Meritage Property shall not be assessed any
Thoroughfare Impact Fees in accordance with the Thoroughfare Agreement.
3. Reimbursement from Thoroughfare Impact Fees. Section 4(d) of the Original
Thoroughfare Agreement is hereby amended to provide that the Thoroughfare Costs
Reimbursement shall be reduced by $488,237.00, which is equal to the Thoroughfare Impact
Fees that would have been assessed against the Meritage Property if the Meritage Property had
not been excluded from such assessment as provided in Section 2 hereof.
4. Ratification. Except as specifically set forth herein, all terms and conditions of the
Thoroughfare Agreement are hereby ratified and confirmed and shall remain in full force and
effect.
5. Controlling Agreement. To the extent any provisions herein conflicts with the
Thoroughfare Agreement, the provisions contained herein shall supersede such conflicting
provisions contained in the Thoroughfare Agreement.
6. Entire Agreement/Amendment. This Amendment and the Thoroughfare Agreement
contain 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.
7. Venue. This Amendment shall be construed in accordance with the laws of the State of
Texas and shall be performable in Denton County, Texas.
8. Counterparts. This Amendment may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
9. Authority to Execute. The individuals executing this Amendment 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 Amendment to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Amendment in order for the same to be an authorized and
binding agreement on the party for whom the individual is signing this Amendment and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Item 12
SECOND AMENDMENT TO THOROUGHFARE IMPROVEMENT
DEVELOPMENT AGREEMENT (Parks at Legacy) – Signature Page
v7
IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as
of the Effective Date.
TOWN:
TOWN OF PROSPER, TEXAS
By:
Harlan Jefferson, Town Manager
DEVELOPER:
PROSPER PARTNERS, LP,
a Texas limited partnership
By: Prosper Partners GP, LLC,
a Texas limited liability company,
General Partner
By:
Craig Curry, Manager
MERITAGE:
MERITAGE HOMES OF TEXAS, LLC,
an Arizona limited liability company
By:
Name:
Title:
Address for Notices: 8840 Cypress Waters Blvd.
Suite 100
Dallas, Texas 75063
Attn: Bruce Prine
Item 12
SECOND AMENDMENT TO THOROUGHFARE IMPROVEMENT
DEVELOPMENT AGREEMENT (Parks at Legacy) – Signature Page
v7
STATE OF TEXAS §
§
COUNTY OF _________ §
This instrument was acknowledged before me on the ________ day of July, 2017 by,
Harlan Jefferson, Town Manager of The Town of Prosper, Texas, in the capacity herein stated.
[ S E A L ]
Notary Public in and for the State of Texas
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ________ day of July, 2017 by
Craig Curry, the Manager of Prosper Partners GP, LLC, a Texas limited liability company,
General Partner of Prosper Partners, LP, a Texas limited partnership, in the capacity herein
stated.
[ S E A L ]
Notary Public in and for the State of Texas
STATE OF TEXAS §
§
COUNTY OF _________ §
This instrument was acknowledged before me on the ________ day of July, 2017 by,
_______________________, the ___________________________ of Meritage Homes Texas,
LLC, an Arizona limited liability company, in the capacity herein stated.
[ S E A L ]
Notary Public in and for the State of Texas
Item 12
Exhibit A – Legal Description of the Meritage Property – Solo Page
(Parks at Legacy)
v7
Exhibit A
Legal Description of the Meritage Property
All lots, excluding Lots 1 and 2, Block B, in Hills at Legacy, Phase 1, an addition to the Town of
Prosper, Collin County and Denton County, Texas, according to the plats thereof recorded as
Document No. 20170509010002290 of the Plat Records of Collin County, Texas, and recorded
as Document No. 2017-212 of the Plat Records of Denton County, Texas.
Item 12
Exhibit A – Legal Description of the Meritage Property – Solo Page
(Parks at Legacy)
v7
Item 12