05.24.2016 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. Presentations.
Presentation of a Certificate of Appreciation to a former member of the Town’s Parks
and Recreation Board. (RB)
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meetings. (RB)
Regular Meeting – May 10, 2016
5b. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Collin County Parks & Open Space Project Funding Assistance
Program for the construction of Frontier Park North Field Improvements. (WM)
5c. Consider and act upon an ordinance rezoning 100.0± acres, located on the south
side of Prosper Road, 2,100± feet west of Legacy Drive, from Agricultural (A) to
Single Family-12.5 (SF-12.5). (Z16-0005). (JW)
5d. Consider and act upon an ordinance for a Specific Use Permit (SUP) for a
Private Street Development, on 100.0± acres, located on the south side of
Prosper Road, 2,100± feet west of Legacy Drive. (S16-0005) (JW)
5e. Consider and act upon an ordinance rezoning 5.5± acres, located on the east
side of Preston Road, 1,750± feet south of Prosper Trail, from Single Family-15
(SF-15) to Retail (R). (Z16-0007). (JW)
5f. Consider and act upon an ordinance for an extension of a Specific Use
Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west
side of Dallas Parkway, 900± feet south of First Street. The property is zoned
Planned Development-19-Commercial Corridor and Specific Use Permit-6 (PD-
19-CC and S-6). (S16-0006). (JW)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 24, 2016
6:00 p.m.
Page 2 of 4
5g. 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)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance amending the Future
Land Use Plan from Retail & Neighborhood Services to High Density Residential,
located on the northeast corner of First Street and Coit Road, to allow for an age-
restricted, private-gated, senior living development. (CA16-0002) (JW)
8. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 12.7±
acres, from Retail (R) to Planned Development-Multifamily (PD-MF), located on the
northeast corner of First Street and Coit Road, to allow for an age-restricted, private
gated, senior living development. (Z16-0004). (JW)
9. Conduct a Public Hearing, and consider and act upon an ordinance amending a portion
of Planned Development-7 (PD-7), located on the north side of First Street between
Preston Road and Hays Road, to establish a specific area to allow buildings to be in
excess of two (2) stories and to permit lots to have frontage on access easements in lieu
of fronting on a public street. (Z16-0008). (JW)
DEPARTMENT ITEMS:
10. Consider and act upon a resolution directing the Town Secretary to publish notice of
intent to issue Combination Tax and Surplus Revenue Certificates of Obligation for the
purpose of funding costs of multi-purpose municipal facilities, parks, and storm drainage
utility projects in the Town. (HJ)
11. Consider and act upon an ordinance approving and adopting the negotiated rate
settlement resolving the 2016 “RRM – Rate Review Mechanism” filing for ATMOS
Energy Corporation, Mid-Tex Division, and implementing the rate change. (HJ)
12. Discussion on the Downtown Office (DTO) Standards. (JW)
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13. Discussion on the Frontier Park North Field Improvements Project. (HW)
14. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees
Reimbursement Agreement between Blue Star Development Company and the Town of
Prosper, Texas, related to the extension of water lines to serve the Star Trail
development. (HW)
15. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
15a. Section 551.087 – To discuss and consider economic development incentives.
15b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
15c. Section 551.071 – Consultation with Town Attorney regarding legal issues
associated with existing zoning classifications and districts, and all matters
incident and related thereto.
15d. Section 551.074 – To discuss and consider election of Mayor Pro-Tem and
Deputy Mayor Pro-Tem.
15e. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
16. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Prosper Youth Sports Commission (PYSC) amended bylaws. (HW)
18. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on May 20, 2016, by 5:00 p.m.,
and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
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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 Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Mike Davis
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
January Cook, Purchasing Agent
Betty Pamplin, Accounting Manager
Doug Kowalski, Chief of Police
Gary McHone, Assistant Chief of Police
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The Pledge
of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of recent and upcoming events.
Deputy Mayor Pro-Tem Vogelsang read the following announcements:
The Texas Department of Transportation will hold a Public Meeting on Thursday, May 12,
to discuss proposed improvements to US 380 from Loop 288 to west of County Road 26.
The meeting will be held at Navo Middle School in Aubrey from 5:30-7:30 p.m.
Prosper’s Spring Blood Drive will take place on Saturday, May 14, from 10:00 a.m.-1:00
p.m. in the parking lot of American Bank of Texas. A mini-health fair will take place in
conjunction with the blood drive. Sign up to donate blood at www.prosperchamber.com.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, May 10, 2016
Item 5a
Page 2 of 9
The Prosper Police Department will hold its annual Community Safety Initiative on
Saturday, May 14, from 8:00 a.m.-noon at the Frontier Park Pavilion. Police and Fire
equipment, vehicles and apparatus will be on display, and music, games and giveaways
are part of this free event.
Mayor Smith, and staff members from the Parks and Recreation and Human Resources
Departments will attend the IT’S TIME TEXAS COMMUNITY CHALLENGE award
ceremony in Austin on Thursday, May 13. The Town will be awarded a trophy, a banner,
and a $1,200 grant for school health initiatives.
The Fire Department’s Fill the Boot Campaign will be held May 18-20 to raise money for the
Muscular Dystrophy Association. Firefighters will be at various intersections around town
seeking donations from motorists who are completely stopped at intersections.
The Town’s Public Works Department will host a seminar on the effective use of sprinkler
systems on Saturday, May 21, at 9:00 a.m. at the Water Tower Garden located at the
intersection of Craig Street and First Street. Attendees will learn about basic repairs and
maintenance for their irrigation systems. Registration is available on the Town’s website.
4. Presentations.
Administration of Oaths-of-Office and Presentation of Certificates of Election.
Town Secretary Robyn Battle administered the oath-of-office to Councilmember
Korbuly, Mayor Pro-Tem Miller, and Mayor Smith.
Mayor Smith presented certificates of election to Councilmember Korbuly and Mayor
Pro-Tem Miller.
Mayor Pro-Tem Miller presented a certificate of election to Mayor Smith.
Presentation of a Proclamation to members of the Prosper Police Department
declaring May 15-21, 2016, as Police Week, and declaring May 15, 2016, as Peace
Officers Memorial Day. (RB)
Police Chief Kowalski and Assistant Police Chief McHone accepted the Proclamation
on behalf of the Prosper Police Department.
Recognition of Eldon Carter with Dave R. Williams Homes as Second Runner-Up,
Kevin Dennings with Drees Homes as First Runner-Up, and Mark Clary with
Megatel Homes as the recipient of the Building Inspection’s “2015 Builder of the
Year Award.” (TW)
Building Official Todd White and Mayor Smith presented the Builder of the Year awards
to the respective winners.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
Item 5a
Page 3 of 9
5a. Consider and act upon minutes from the following Town Council meetings.
(RB)
Regular Meeting – April 26, 2016
5b. Receive the March Financial Report. (BP)
5c. Receive the Quarterly Investment Report ending March 31, 2016. (BP)
5d. 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)
Councilmember Dugger 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 7-0.
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
Diana Smotherman, 603 E. First Street, Prosper, expressed her concern regarding
excessive speeding along First Street.
Drake Dunn, 1301 Nacona Drive, Prosper, spoke on behalf of the Prosper Youth Sports
Commission, encouraging the Council to increase the size of the baseball fields at Frontier
Park North to 250-275 feet.
Allan Rutter, 4561 Acacia Parkway, Prosper, expressed his appreciation for the Fishtrap
Road improvements and traffic patrols in the area. He requested the Council consider
working with the City of Frisco to re-time the traffic lights along US 380 at the intersections
of Gee Road, and County Road 423.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request for a Special
Purpose Sign District for Windsong Ranch Marketplace, on 56.6± acres, located on
the northeast corner of US 380 and Gee Road. (MD16-0002). (JW)
Item 5a
Page 4 of 9
Development Services Director John Webb presented this item before the Town Council.
The applicant has requested the item be tabled to the June 14, 2016, Town Council
meeting to allow time to make adjustments to the proposed sign package.
Councilmember Davis made a motion and Councilmember Dixon seconded the motion to
table Item 7 to the June 14, 2016, Town Council meeting. The motion was approved by a
vote of 7-0.
8. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Private Street Development, on 100.0± acres, located on the south
side of Prosper Road, 2,100± feet west of Legacy Drive. (S16-0005) (JW)
Development Services Director John Webb presented this item before the Town Council.
Mr. Webb reviewed the criteria used in determining the validity of the SUP request.
Mayor Smith opened the Public Hearing.
Patrick Filson, 4821 Merlot Avenue, Suite 210, Grapevine, spoke in favor of the item on
behalf of the applicant. He responded to questions from Council, stating that the builder of
the development has yet to be determined, and there is currently no definitive timeframe for
the installation of water and sewer infrastructure.
Mr. Webb confirmed that public points of access were appropriate for the development.
The applicant will pay park dedication fees in lieu of dedicating park land. The development
will contain 216 homes, and the screening wall design will accompany the plat.
With no one else speaking, Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Korbuly
seconded the motion to approve a Specific Use Permit (SUP) for a Private Street
Development, on 100.0± acres, located on the south side of Prosper Road, 2,100± feet
west of Legacy Drive. The motion was approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon a request to rezone 5.5± acres,
located on the east side of Preston Road, 1,750± feet south of Prosper Trail, from
Single Family-15 (SF-15) to Retail (R). (Z16-0007). (JW)
Development Services Director John Webb presented this item before the Town Council.
The purpose of the request is to rezone the subject property to Retail in accordance with
the Future Land Use Plan to allow for the development of a future retail and/or office
development.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem
Vogelsang seconded the motion to approve a request to rezone 5.5± acres, located on the
east side of Preston Road, 1,750± feet south of Prosper Trail, from Single Family-15 (SF-
15) to Retail (R). The motion was approved by a vote of 7-0.
Item 5a
Page 5 of 9
10. Conduct a Public Hearing, and consider and act upon a request for an extension
of a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres,
located on the west side of Dallas Parkway, 900± feet south of First Street. The
property is zoned Planned Development-19-Commercial Corridor and Specific Use
Permit-6 (PD-19-CC and S-6). (S16-0006). (JW)
Development Services Director John Webb presented this item before the Town Council.
The current SUP for the existing concrete batching plant will expire on January 14, 2017.
The applicant has submitted a request to continue the operation of the concrete batch plant
for an additional two years. Mr. Webb reviewed the terms of the agreement.
Mayor Smith opened the Public Hearing.
Tony Strickland of Nelson Brothers Ready Mix was present and offered to answer any
questions from the Town Council.
With no one else speaking, Mayor Smith closed the Public Hearing.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve an extension of an SUP for a Concrete Batching Plant on 5.0± acres, located on
the west side of Dallas Parkway, 900± feet south of First Street, subject to:
1. The SUP expires January 14, 2019, two (2) years after the expiration of the existing
ordinance. The applicant may seek a renewal term to the SUP in order to continue the
Concrete Batching Plant use.
2. An on-site billing office is required to continue the Concrete Batching Plant use. All
concrete deliveries from the physical Prosper location shall be billed as taxable to the
Town of Prosper.
3. The Town of Prosper reserves the right to audit books to ensure that Prosper is the
primary HUB for tax revenue and upon inspection, if there are any failures to correct
errors, the Town of Prosper reserves the right to revoke the SUP.
The motion was approved by a vote of 7-0.
Mayor Smith opened Items 11, 12, and 13 concurrently.
11. Conduct a Public Hearing, and consider and act upon an ordinance amending the
Future Land Use Plan, located on the west side of Coit Road, 2,300± feet north of
First Street, from Low Density Residential to Medium Density Residential. (CA16-
0001). [Companion Case Z16-0002]. (JW)
12. Conduct a Public Hearing, and consider and act upon an ordinance zoning 54.0±
acres of unincorporated property to Planned Development-Single Family-10 (PD-SF-
10) and rezoning 28.9± acres from Agricultural (A) to Planned Development-Single
Family-10 (PD-SF-10), located on the west side of Coit Road, 2,300± feet north of First
Street. (Z16-0002). [Companion Case CA16-0001]. (JW)
13. Consider and act upon an ordinance annexing 52.2± acres generally located on the
west side of Coit Road, 2,700± feet north of First Street. (A16-0001). (JW)
Item 5a
Page 6 of 9
Development Services Director John Webb presented the items before the Town Council.
Town staff has received a request to annex and zone 54.0± acres of currently
unincorporated land to Planned Development-Single Family-10 (PD-SF-10) and to rezone
28.9± acres from Agricultural (A) to Planned Development-Single Family-10 (PD-SF-10),
Zoning Case Z16-0002. The two tracts will be developed as a new single family, 161-lot
subdivision, known as Parkside. Since the proposed rezoning request is not requesting
density greater than 2.5 dwelling units per acre, and there are no proposed lots less than
10,000 square feet, the request requires an amendment to the Future Land Use Plan.
Mayor Smith opened the Public Hearings.
Dale Clark, the developer, provided a PowerPoint presentation. Mr. Clark talked about the
density of the development, the proposed builders, and the development standards for the
development, which exceed the Town’s minimum standards in some cases. He noted that
if his proposal is not approved, the land owner will probably sell to another buyer, but there
is no guarantee that another developer will submit a proposal of the same quality.
Kevin Westra, 2300 Reflection Lane, Prosper, spoke in opposition to the request due to the
higher density.
Tamara Heath, 950 Elk Ridge Road, Prosper, spoke in favor of the request, expressing her
appreciation to the developer for working with the adjacent homeowners to accommodate
their concerns.
Greg Weaver, 2230 Reflection Lane, Prosper, spoke in opposition to the request due to the
higher density.
Angela Wishon, 740 Sundance Court, Prosper, spoke in opposition to the request due to
the higher density.
Christian Morris, 1208 N. Waddill Street, McKinney, spoke in favor of the request on behalf
of Highland and Huntington Homes.
Harry Kidd of Drees Custom Homes spoke in favor of the request.
Justin Bright spoke in favor of the request on behalf of American Legend Homes.
David Byrd, 2010 Beaver Trail, Prosper, spoke in favor of the request, expressing his
appreciation to the development for addressing the original objections of the adjacent
homeowners.
Ken Weaver, 1480 Beacon Hill Drive, Prosper, submitted an email in opposition to the
request due to the higher density.
With no one else speaking, Mayor Smith closed the Public Hearings.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Dugger
seconded the motion to approve Ordinance No. 16-32 annexing 52.2± acres generally
located on the west side of Coit Road, 2,700± feet north of First Street. The motion was
approved by a vote of 7-0.
Item 5a
Page 7 of 9
Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion
to approve Ordinance No. 16-30 amending the Future Land Use Plan, located on the west
side of Coit Road, 2,300± feet north of First Street, from Low Density Residential to Medium
Density Residential. The motion was approved by a vote of 7-0.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve Ordinance No. 16-31 zoning 54.0± acres of unincorporated property to Planned
Development-Single Family-10 (PD-SF-10) and rezoning 28.9± acres from Agricultural (A)
to Planned Development-Single Family-10 (PD-SF-10), located on the west side of Coit
Road, 2,300± feet north of First Street with the following condition:
a. Prior to filing an application for the first Final Plat, the developer shall provide a copy of
the deed restrictions.
The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
14. Consider and act upon approving the purchase of automated license plate readers
from ARC Government Solutions, Inc.; and authorizing the Town Manager to execute
an Enterprise Service Agreement and Federal Bureau of Investigation Criminal
Justice Information Services Security Addendum with Vigilant Solutions, Inc., for the
related software. (DK)
Mayor Pro-Tem Miller left the meeting at 8:50 p.m.
Police Chief Kowalski presented this item before the Town Council. Automated LPR
systems are used by law enforcement agencies across the country to identify persons or
vehicles whose license plates are connected to a crime or infraction. Cameras mounted to
police vehicles automatically take photos of license plates. The license plate characters in
the photo are then translated into letters and numbers, and compared to law enforcement
databases of registered vehicles known to be, or suspected of being involved with crimes or
infractions. If a license plate that was read matches an entry on a database, the LPR
system will alert the officer that a suspect vehicle is in the immediate area of that LPR
system. Purchasing Agent January Cook responded to questions from the Town Council
regarding the terms of the agreement.
After discussion, Councilmember Davis made a motion and Councilmember Dixon
seconded the motion to approve the purchase of automatic license plate readers from ARC
Government Solutions, Inc.; and authorize the Town Manager to execute an Enterprise
Service Agreement and Federal Bureau of Investigation Criminal Justice Information
Services Security Addendum with Vigilant Solutions, Inc., for the related software, with the
understanding that the price provided to the Town will be verified by ARC, and no additional
fees will be owed. The motion was approved by a vote of 6-0.
15. Consider and act upon an amendment to the Capital Improvement Plan. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. He provided an update on recent changes for street, traffic,
park, facility, and drainage projects, and reviewed the budget implications for each.
Item 5a
Page 8 of 9
Town staff was directed to obtain cost estimates to increase the size of two of the Frontier
Park North ball fields to 250-275 feet each.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to approve an amendment to the Capital Improvement Plan. The
motion was approved by a vote of 6-0.
16. 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:
16a. Section 551.087 – To discuss and consider economic development incentives.
16b. 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.
16c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation agreements in Town ETJ areas, development
issues associated with areas subject to annexation agreements, and all
matters incident and related thereto.
The Town Council recessed into Executive Session at 9:10 p.m.
17. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:22 p.m. No action was taken as a
result of Executive Session.
18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Median Planting List. (HW)
Hulon Webb provided an update on the approved median plantings list. Town staff was
directed to replace Vitex with Little Jim for planter beds.
Downtown Landscape Requirements (JW)
John Webb reviewed the Downtown Office (DTO) landscaping standards, and provided
Town staff’s recommended changes.
Charter Review Process. (RB)
Town Secretary Robyn Battle provided an overview of the Charter Review Commission
appointment process. Town Council members will submit names of potential
appointees by May 31. The Council will consider appointing the Commission at the
June 14, 2016, Town Council meeting.
Item 5a
Page 9 of 9
19. Adjourn.
The meeting was adjourned at 9:32 p.m. on Tuesday, May 10, 2016.
These minutes approved on the 24th day of May, 2016.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 2
To: Mayor and Town Council
From: Will Mitchell, Parks and Recreation Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager to execute an application to
the Collin County Parks & Open Space Project Funding Assistance Program for the construction
of Frontier Park North Field Improvements.
Description of Agenda Item:
The Collin County Parks & Open Space Project Funding Assistance Program has been in place
since 1999, utilizing County bond funds to assist local municipalities in acquisition of land for
parks, construction of hike and bike trails, and capital improvements to improve park land. The
funding assistance matches the Town’s dollars at a 1:1 ratio.
The Town of Prosper is requesting the maximum matching funding of $500,000. Additional
costs associated with the project will be included and shown as additional Town match to
increase the chance of receiving grant funding. The Town recently was awarded its first ever
grant from Texas Parks and Wildlife for $500,000.
Budget Impact:
The requested amount from the Collin County Parks & Open Space Project Funding Assistance
Program is $500,000. Park Dedication Fund, Park Improvement Fees, or other funding sources
could be utilized to match the Collin County funds.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P, has approved the standard Resolution as to form
and legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council consider and act upon a resolution authorizing the
Town Manager to execute an application to the Collin County Parks & Open Space Project
Funding Assistance Program for the construction of Frontier Park North Field Improvements.
PARKS & RECREATION
Prosper is a place where everyone matters.
Item 5b
Page 2 of 2
Proposed Motion:
I move to approve a resolution authorizing the Town Manger to execute an application to the
Collin County Parks & Open Space Project Funding Assistance Program for the construction of
Frontier Park North Field Improvements.
Item 5b
TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO EXECUTE AN APPLICATION TO THE COLLIN
COUNTY PARKS & OPEN SPACE PROJECT FUNDING ASSISTANCE
PROGRAM FOR THE CONSTRUCTION OF FRONTIER PARK NORTH FIELD
IMPROVEMENTS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on
behalf of the Town Council of the Town of Prosper, Texas, an application to the Collin County
Parks & Open Space Project Funding Assistance Program for the construction of Frontier Park
North Field Improvements, as hereto attached.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS THE 24TH DAY OF MAY , 2016.
_________________________
Ray Smith, Mayor
ATTEST:
___________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
___________________________
Terrence S. Welch, Town Attorney
Item 5b
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 – May 24, 2016
Agenda Item:
Consider and act upon an ordinance rezoning 100.0± acres, located on the south side of
Prosper Road, 2,100± feet west of Legacy Drive, from Agricultural (A) to Single Family-12.5
(SF-12.5). (Z16-0005).
Description of Agenda Item:
On April 26, 2016, the Town Council approved zoning case Z16-0005, by a vote of 6-0, rezoning
100.0± acres, located on the south side of Prosper Road, 2,100± feet west of Legacy Drive,
from A to SF-12.5. Town staff has prepared an ordinance accordingly.
Legal Obligations and Review:
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 the ordinance.
Proposed Motion:
I move to approve an ordinance rezoning 100.0± acres, located on the south side of Prosper
Road, 2,100± feet west of Legacy Drive, from A to SF-12.5.
Prosper is a place where everyone matters.
PLANNING
Item 5c
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE NO. 05-20, BY REZONING A TRACT OF
LAND CONSISTING OF 100.00 ACRES, MORE OR LESS, SITUATED IN THE
LOUISA NETHERLY SURVEY, ABSTRACT NO. 962, AND THE J.M.
DURRETT SURVEY, ABSTRACT NO. 350, IN THE TOWN OF PROSPER,
DENTON COUNTY, TEXAS, FROM AGRICULTURAL (A) TO SINGLE FAMILY
12.5 (SF-12.5); 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 No. 05-20 should be amended;
and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from G&R
STX Investments, LLC (“Applicant”), to rezone 100.00 acres of land, more or less, situated in
the Louisa Netherly Survey, Abstract No. 962, and the J.M. Durrett Survey, Abstract No. 350, in
the Town of Prosper, Denton County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, 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. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20, is amended as follows: The zoning designation of the below-described
property containing 100.00 acres of land, more or less, situated in the Louisa Netherly Survey,
Abstract No. 962, and the J.M. Durrett Survey, Abstract No. 350, in the Town of Prosper,
Denton County, Texas (the “Property”), and all streets, roads, and alleyways contiguous and/or
adjacent thereto is hereby rezoned as Single Family-12.5 (SF-12.5). The property as a whole
Item 5c
Ordinance No. 16-__, Page 2
and the boundaries for each zoning classification are more particularly described in Exhibit A,
attached hereto and incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
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.
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.
Item 5c
Ordinance No. 16-__, Page 3
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 24TH DAY OF MAY , 2016.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5c
TRACT
1B
TRACT
10
72/(*$&<'5,9(6
(
6
(
1
(
1
:
6
:
FUTURE PROSPER TRAIL THOROUGHFARE
(90' R.O.W.)
BLUE STAR ALLEN LAND LP
DOC. NO. 2011-60030
D.R.D.C.T.
TRACT IV
CORONA ARTESIA, LLC
DOC. NO. 2008-34098
D.R.T.C.T.
PROSPER 70 INVESTMENTS LTD
TRACT 1C, 69.986 ACRES, OLD
DCAD TR 5 & 6
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
RH TWO LP
DOC. NO. 2004-86307
PORTION OF
INWOOD PLAZA JOINT VENTURE
VOL. 4233, PG 738
45' ROW DEDICATION (BY OTHERS)
45' ROW DEDICATION
CURRENT ZONING = NOT IN TOWN LIMITS
CURRENT LAND USE = RESIDENTIAL
FUTURE LAND USE = HIGH DENSITY RESIDENTIAL
CURRENT ZONING = AGRICULTURAL
CURRENT LAND USE = VACANT
FUTURE LAND USE = RESIDENTIAL
CURRENT ZONING = PD-40
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING = ANNEXATION AGREEMENT
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
EXISTING PROSPER ROAD
GRAVEL ROAD
VARIABLE WIDTH
72/(*$&<'5,9(
PROPOSED ZONING = SF-12.5
GRAPHIC SCALE
FEET0400200
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
PROPOSED USE:
RESIDENTIAL:MAX DENSITY OF 2.4 LOTS/ACRE
GROSS ACERAGE:100.00 ACRES
DEVELOPMENT DATA
NOTE:
1. THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS
EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES
NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED
AT TIME OF FINAL PLAT.
SHEET 1 OF 1
EXHIBIT A
Z16-0005
Item 5c
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 – May 24, 2016
Agenda Item:
Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Private Street
Development, on 100.0± acres, located on the south side of Prosper Road, 2,100± feet west of
Legacy Drive. (S16-0005).
Description of Agenda Item:
On May 10, 2016, the Town Council approved zoning case S16-0005, by a vote of 7-0, allowing
for an SUP for a Private Street Development, on 100.0± acres, located on the south side of
Prosper Road, 2,100± feet west of Legacy Drive. Town staff has prepared an SUP ordinance
accordingly.
Legal Obligations and Review:
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 the SUP ordinance.
Proposed Motion:
I move to approve an ordinance for a Specific Use Permit (SUP) for a Private Street
Development, on 100.0± acres, located on the south side of Prosper Road, 2,100± feet west of
Legacy Drive.
Prosper is a place where everyone matters.
PLANNING
Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE;
GRANTING A SPECIFIC USE PERMIT (SUP) FOR A PRIVATE STREET
DEVELOPMENT, LOCATED ON A TRACT OF LAND CONSISTING OF 100.00
ACRES, MORE OR LESS, SITUATED IN THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962, AND THE J.M. DURRETT SURVEY, ABSTRACT NO.
350, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS; DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from G&R
STX Investments, LLC (“Applicant”) for a Specific Use Permit (SUP) for a Private Street
Development on a tract of land zoned Single Family-12.5 (SF-12.5), consisting of 100.00 acres
of land, more or less, situated in the Louisa Netherly Survey, Abstract No. 962, and the J.M.
Durrett Survey, Abstract No. 350, in the Town of Prosper, Denton County, Texas, and being
particularly being described in Exhibit “A,” attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, Public Hearings have been held, and all other
requirements of notice and completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows:
Applicant is granted a Specific Use Permit (SUP) for a Private Street Development, on a tract of
land zoned Single Family-12.5 (SF-12.5), consisting of 100.00 acres of land, more or less,
situated in the Louisa Netherly Survey, Abstract No. 962, and the J.M. Durrett Survey, Abstract
Item 5d
Ordinance No. 16-__, Page 2
No. 350, in the Town of Prosper, Denton County, Texas, and being particularly being described
in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim.
The property shall continue to be used in a manner consistent with the conditions
expressly stated in the conceptual layout attached hereto as Exhibit “B,” and the entry detail
plan attached hereto as Exhibit “C,” which is incorporated herein for all purposes as if set forth
verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state, and federal law.
Item 5d
Ordinance No. 16-__, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF MAY, 2016.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5d
TRACT
1B
TRACT
10
6
(
6
(
1
(
1
:
6
:
FUTURE PROSPER TRAIL THOROUGHFARE
(90' R.O.W.)
BLUE STAR ALLEN LAND LP
DOC. NO. 2011-60030
D.R.D.C.T.
TRACT IV
CORONA ARTESIA, LLC
DOC. NO. 2008-34098
D.R.T.C.T.
PROSPER 70 INVESTMENTS LTD
TRACT 1C, 69.986 ACRES, OLD
DCAD TR 5 & 6
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
RH TWO LP
DOC. NO. 2004-86307
PORTION OF
INWOOD PLAZA JOINT VENTURE
VOL. 4233, PG 738
45' ROW DEDICATION (BY OTHERS)
45' ROW DEDICATION
CURRENT ZONING = NOT IN TOWN LIMITS
CURRENT LAND USE = RESIDENTIAL
FUTURE LAND USE = HIGH DENSITY RESIDENTIAL
CURRENT ZONING = AGRICULTURAL
CURRENT LAND USE = VACANT
FUTURE LAND USE = RESIDENTIAL
CURRENT ZONING = PD-40
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING = ANNEXATION AGREEMENT
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
EXISTING PROSPER ROAD
GRAVEL ROAD
VARIABLE WIDTH
72/(*$&<'5,9(
PROPOSED ZONING = SF-12.5
GRAPHIC SCALE
FEET0400200
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
PROPOSED USE:
RESIDENTIAL:MAX DENSITY OF 2.4 LOTS/ACRE
GROSS ACERAGE:100.00 ACRES
DEVELOPMENT DATA
NOTE:
1. THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS
EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES
NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED
AT TIME OF FINAL PLAT.
SHEET 1 OF 1
EXHIBIT A
S16-0005
Item 5d
72/(*$&<'5,9(
TRACT
1B
TRACT
10
6
(
6
(
1
(
1
:
6
:
FUTURE PROSPER TRAIL THOROUGHFARE
(90' R.O.W.)
45' ROW DEDICATION (BY OTHERS)
45' ROW DEDICATION
EXISTING PROSPER ROAD
GRAVEL ROAD
VARIABLE WIDTH
72/(*$&<'5,9(
30' LANDSCAPE EASEMENT
MAIN ENTRANCE
COMMON
AREA
LOT
BLUE STAR ALLEN LAND LP
DOC. NO. 2011-60030
D.R.D.C.T.
TRACT IV
CORONA ARTESIA, LLC
DOC. NO. 2008-34098
D.R.T.C.T.
PROSPER 70 INVESTMENTS LTD
TRACT 1C, 69.986 ACRES, OLD
DCAD TR 5 & 6
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
TOWN OF PROSPER
PROSPER ROAD COMMUNITY PARK
BLOCK A LOT 1
RH TWO LP
DOC. NO. 2004-86307
PORTION OF
INWOOD PLAZA JOINT VENTURE
VOL. 4233, PG 738
GROSS ACREAGE = 100.00 AC
NET ACREAGE = 97.00 AC
CURRENT ZONING = NOT IN TOWN LIMITS
CURRENT LAND USE = RESIDENTIAL
FUTURE LAND USE = HIGH DENSITY RESIDENTIAL
CURRENT ZONING = AGRICULTURAL
CURRENT LAND USE = VACANT
FUTURE LAND USE = RESIDENTIAL
CURRENT ZONING = PD-40
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
CURRENT ZONING = ANNEXATION AGREEMENT
CURRENT LAND USE = VACANT
FUTURE LAND USE = MEDIUM DENSITY RESIDENTIAL
12' RIGHT TURN LANE
EMERGENCY ONLY ACCESS FOR
FIRE AND POLICE, MANUAL GATE
EQUIPPED WITH KNOX LOCK
EGRESS ONLY GATE EQUIPPED
WITH A KNOX LOCK
EMERGENCY ONLY ACCESS FOR
FIRE AND POLICE, MANUAL GATE
EQUIPPED WITH KNOX LOCK
PROPOSED ZONING = SF-12.5
15' SIDEWALK CONNECTION EASEMENT
15' SIDEWALK CONNECTION EASEMENT
GRAPHIC SCALE
FEET0400200
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
SHEET 1 OF 1
EXHIBIT B
S16-0005
Item 5d
FUTURE PROSPER TRAIL
THOROUGHFARE
(90' R.O.W.)
KEY PAD
18
.
0
0
25.0030.00'25.00'
100.00
17
1
.
1
5
90
.
0
0
EXISTING PROSPER ROAD
GRAVEL ROAD
VEHICLES
6' TALL MASONRY
SCREENING WALL
6' TALL MASONRY
SCREENING WALL
FENCING BETWEEN WALL AND
COLUMNS TO BE ORNAMENTAL
METAL
12
'
R
I
G
H
T
T
U
R
N
L
A
N
E
3' TALL 50% OPEN
SCREENING FENCE3' TALL 50% OPEN
SCREENING FENCE
GRAPHIC SCALE
FEET06030
C
SHEET:
Copyright 2016, Kirkman Engineering
DEVELOPER/OWNER
DRAWN BY:
JOB NUMBER:
CHECKED BY:
DESIGNED BY:
ISSUE DATE:
REV:
Texas Firm No: 15874
PARK PLACE
MCF15002_PROSPER 100
03.30.16
TOWN OF PROSPER
G&R STX INVESTMENTS, LLC
1519 SAN BERNADO AVE.
LAREDO, TX 78040
972-747-9233
4821 MERLOT AVE.
SUITE 210
GRAPEVINE, TX 76051
817-488-4960
APPLICANT
100 ACRES BEING TRACT 1B IN
THE LOUISA NETHERLY SURVEY,
ABSTRACT NO. 962 AND TRACT
10 IN THE J.M. DURRETT
SURVEY, ABSTRACT NO. 350
DENTON COUNTY, TEXAS
PEISER SURVEYING CO.
801 ENTERPRISE DRIVE
FLOWER MOUND, TX 75028
972-724-5776
SURVEYOR
SUBJECT SITE
VICINITY MAP
NOT TO SCALE
SHEET 1 OF 1
EXHIBIT C
GATE
S16-0005
Item 5d
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 – May 24, 2016
Agenda Item:
Consider and act upon an ordinance rezoning 5.5± acres, located on the east side of Preston
Road, 1,750± feet south of Prosper Trail, from Single Family-15 (SF-15) to Retail (R). (Z16-
0007).
Description of Agenda Item:
On May 10, 2016, the Town Council approved zoning case Z16-0007, by a vote of 7-0, rezoning
5.5± acres, located on the east side of Preston Road, 1,750± feet south of Prosper Trail, from
SF-15 to R. Town staff has prepared an ordinance accordingly.
Legal Obligations and Review:
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 the ordinance.
Proposed Motion:
I move to approve an ordinance rezoning 5.5± acres, located on the east side of Preston Road,
1,750± feet south of Prosper Trail, from SF-15 to R.
Prosper is a place where everyone matters.
PLANNING
Item 5e
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE NO. 05-20, BY REZONING A TRACT OF
LAND CONSISTING OF 5.526 ACRES, MORE OR LESS, SITUATED IN THE J.
TUNNEY SURVEY, ABSTRACT NO. 916, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO RETAIL
(R); 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 No. 05-20 should be amended;
and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from H&R
Partners, LP (“Applicant”), to rezone 5.526 acres of land, more or less, situated in J. Tunney
Survey, Abstract No. 916, 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. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20, is amended as follows: The zoning designation of the below-described
property containing 5.526 acres of land, more or less, situated in the J. Tunney Survey, Abstract
No. 916, 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 Retail (R). The property
as a whole and the boundaries for each zoning classification are more particularly described in
Exhibit A, attached hereto and incorporated herein for all purposes as if set forth verbatim.
Item 5e
Ordinance No. 16-__, Page 2
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
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.
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.
Item 5e
Ordinance No. 16-__, Page 3
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 24TH DAY OF MAY , 2016.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5e
Item 5e
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
Agenda Item:
Consider and act upon an ordinance for an extension of a Specific Use Permit (SUP) for a
Concrete Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet
south of First Street. The property is zoned Planned Development-19-Commercial Corridor
(PD-19-CC) and Specific Use Permit-6 (S-6). (S16-0006).
Description of Agenda Item:
On May 10, 2016, the Town Council approved zoning case S16-0006, by a vote of 7-0, allowing
for an extension of an SUP for a Concrete Batching Plant on 5.0± acres, located on the west
side of Dallas Parkway, 900± feet south of First Street, subject to the following:
1. The SUP expires January 14, 2019, two (2) years after the expiration of the existing
ordinance. The applicant may seek a renewal term to the SUP in order to continue the
Concrete Batching Plant use.
2. An on-site billing office is required to continue the Concrete Batching Plant use. All
concrete deliveries from the physical Prosper location shall be billed as taxable to the
Town of Prosper.
3. The Town of Prosper reserves the right to audit books to ensure that Prosper is the
primary HUB for tax revenue and upon inspections, if there are any failures to correct
errors; Town of Prosper reserves the right to revoke the SUP.
Town staff has prepared an SUP ordinance accordingly.
Legal Obligations and Review:
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 the SUP ordinance.
Prosper is a place where everyone matters.
PLANNING
Item 5f
Page 2 of 2
Proposed Motion:
I move to approve an ordinance for an extension of a Specific Use Permit (SUP) for a Concrete
Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of
First Street.
Item 5f
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 14-02; GRANTING A SPECIFIC USE PERMIT (SUP)
FOR A CONCRETE BATCHING PLANT, LOCATED ON A TRACT OF LAND
CONSISTING OF 4.955 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT NO. 147, BLOCK 4,
TRACT 36, LOCATED AT 570 SOUTH DALLAS PARKWAY, IN THE TOWN
OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas, (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 and Ordinance No. 14-02 should
be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from A & J
Owens LTD., (“Applicant”) for a Specific Use Permit (SUP) to allow for a Concrete Batching
Plant on a tract of land zoned Planned Development-19-Commercial Corridor (PD-19),
consisting of 4.955 acres of land, more or less, situated in the Collin County School Land
Survey No. 12, Abstract No. 147, Block 4, Tract 36, located at 570 South Dallas Parkway, in the
Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit “A,”
attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required to grant an SUP have been given in the manner
and form set forth by law, public hearings have been held, and all other requirements of notice
and completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Specific Use Permit Granted. Zoning Ordinance No. 05-20 and Ordinance No. 14-02 is
amended as follows: Applicant is granted an SUP to allow the operation of a Concrete Batching
Plant, on a tract of land zoned Planned Development-19-Commercial Corridor (PD-19),
consisting of 4.955 acres of land, more or less, situated in the Collin County School Land
Item 5f
Ordinance No. 16-__, Page 2
Survey No. 12, Abstract No. 147, Block 4, Tract 36, located at 570 South Dallas Parkway, in the
Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit “A,”
attached hereto and incorporated herein for all purposes as if set forth verbatim, subject to the
following conditions of approval by the Town Council:
1. The SUP expires January 14, 2019, two (2) years after the expiration of the existing
ordinance. The applicant may seek a renewal term to the SUP in order to continue the
Concrete Batching Plant use.
2. An onsite billing office is required to continue the Concrete Batching Plant use. All
concrete deliveries from the physical Prosper location shall be billed as taxable to the
Town of Prosper.
3. The Town of Prosper reserves the right to audit books to ensure that Prosper is the
primary HUB for tax revenue and upon inspections, if there are any failures to correct
errors; the Town of Prosper reserves the right to revoke the SUP.
The property shall continue to be used in a manner consistent with the conditions expressly
stated in the site plan, attached hereto as Exhibit “A,” which is incorporated herein for all
purposes as if set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this SUP shall
comply fully with the requirements of all ordinances, rules, and regulations of the Town of
Prosper, as they currently exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
Specific Use Permit Expiration Date. This SUP shall expire on January 14, 2019. The
applicant may seek an extension to the SUP by following the procedure in Chapter 2, Section
25 of the Zoning Ordinance as it currently exists or may be amended.
SECTION 4
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.
Item 5f
Ordinance No. 16-__, Page 3
SECTION 5
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 6
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state, and federal law.
SECTION 7
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 8
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 9
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 24TH DAY OF MAY , 2016.
______________________________
Ray Smith, Mayor
Item 5f
Ordinance No. 16-__, Page 4
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5f
Item 5f
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
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 Preliminary Site Plan and Site Plans acted on by the Planning & Zoning
Commission at their May 17, 2016, 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 Windsong Ranch, Phase 4A Amenity Center
2. Site Plan for Reynolds Middle School Temporary Buildings
Attachment Summary:
Project Name Type Location Building
Size
Existing/
Proposed
Uses
Known
Tenant(s)
Windsong Ranch,
Ph. 4A Amenity
Center
Site Plan East side of
Windsong Parkway,
1,500± feet north of
Fishtrap Road
3,395 sq.
ft.
Amenity
Center
Amenity
Center
Reynolds Middle
School Temporary
Buildings
Site Plan East side of
Coleman Street,
1,600± feet south of
Prosper Trail
1,536 sq.
ft. per
temporary
building
Temporary
buildings
PISD
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 5g
Item 5g
Item 5g
Item 5g
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 – May 24, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending the Future Land
Use Plan from Retail & Neighborhood Services to High Density Residential, on the northeast
corner of First Street and Coit Road, to allow for an age-restricted, private-gated, senior living
development. (CA16-0002). [Companion Case Z16-0004]
Description of Agenda Item:
The applicant has requested this item be tabled to the June 28, 2016, Town Council meeting, as
outlined in the attached letter.
Attachments:
1. Tabling Request Letter
Town Staff Recommendation:
Town staff recommends this item be tabled and the Public Hearing continued to the June 28,
2016, Town Council meeting.
Proposed Motion:
I move to table this item and continue the Public Hearing to the June 28, 2016, Town Council
meeting.
Prosper is a place where everyone matters.
PLANNING
Item 7
Item 7
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 – May 24, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance rezoning 12.7± acres, from
Retail (R) to Planned Development-Multifamily (PD-MF), located on the northeast corner of First
Street and Coit Road, to allow for an age-restricted, private-gated, senior living development.
(Z16-0004). [Companion Case CA16-0002]
Description of Agenda Item:
The applicant has requested this item be tabled to the June 28, 2016, Town Council meeting, as
outlined in the attached letter.
Attachments:
1. Tabling Request Letter
Town Staff Recommendation:
Town staff recommends this item be tabled and the Public Hearing continued to the June 28,
2016, Town Council meeting.
Proposed Motion:
I move to table this item and continue the Public Hearing to the June 28, 2016, Town Council
meeting.
Prosper is a place where everyone matters.
PLANNING
Item 8
Item 8
Page 1 of 4
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending a portion of
Planned Development-7 (PD-7), located on the north side of First Street between Preston Road
and Hays Road, to establish a specific area to allow buildings to be in excess of two (2) stories
and to permit lots to have frontage on access easements in lieu of fronting on a public street.
(Z16-0008).
Description of Agenda Item:
The zoning and land use of the subject and surrounding properties are as follows:
Zoning Current Land Use
Future Land
Use Plan
Subject
Property Planned Development-7 Undeveloped and Retail
(subject portion of PD-7)
Retail and
Neighborhood Services
North Single Family-15 Single Family Retail and
Neighborhood Services
East Planned Development–4–
Single Family Single Family Medium Density
Residential
South Planned Development–2–
Single Family Single Family Medium Density
Residential
West Planned Development-17-
Retail Undeveloped & Bank Old Town District-Retail
Requested Zoning/Background Information – The purpose of the request is to establish a
specific area within PD-7 (Prosper Town Center) to allow buildings to be in excess of two (2)
stories and to permit lots to have frontage on access easements in lieu of fronting on a public
street.
Prosper is a place where everyone matters.
PLANNING
Item 9
Page 2 of 4
PD-7 was adopted by Ordinance 02-16 in 2002 and was intended to accommodate a mix of
commercial and retail uses. While some of the development standards were specifically
identified in the PD, such as minimum lot width, lot depth and setbacks; many development
standards referred to the standards of the “Corridor District.” However, there is no reference in
the PD to maximum building height. The closest reference is “the allowed floor area ratio (FAR)
for buildings shall be the greater of 4:1 or that which is allowed in the Corridor District
Ordinance.” The Corridor District Ordinance was silent on FAR and maximum height.
The Corridor District was a 1999 amendment to the 1984 Zoning Ordinance in effect at that
time. Its primary intent was to provide additional development guidelines for parcels adjacent to
Preston Road, US 380 and all other major thoroughfares in the Town. Where the Corridor
District was silent on development standards, it referred back to the standards of the 1984
Zoning Ordinance.
For the maximum height of uses in the Commercial District, the most comparable base district
to PD-7, the 1984 Zoning Ordinance stated, “To any legal height not prohibited or regulated by
other laws or ordinances provided the Floor Area Ratio (FAR) does not exceed five (5) to one
(1).”
In 2005, the Town adopted a new Zoning Ordinance which amended the 1984 Zoning
Ordinance in its entirety. The 2005 Ordinance, our current Zoning Ordinance, did not carry over
the Commercial Corridor District and amended the Commercial District in its entirety. The
maximum height of structures in the new Commercial District was established at two (2) stories,
no greater than 40 feet.
With the elimination of the Corridor District and the amendment of the 1984 Zoning Ordinance in
its entirety, staff and legal counsel have maintained that unless the development standards are
specifically noted in PD-7, all other requirements of the Commercial District of the current
Zoning Ordinance apply. The property owner/developer has maintained that the former FAR
allowances are in effect.
In the spirit of seeking a solution to provide a greater height allowance beyond two (2) stories for
a portion of PD-7, staff and the property owner have worked on a plan to accommodate three
(3) story structures without negatively impacting adjacent residential neighborhoods. The
attached Exhibit D notes Area “A” where buildings can be up to three (3) stories, not to exceed
50 feet. This area, located in the northern portion of the PD, is 482 feet from Hays Road,
adjacent to the Cedar Ridge Estates subdivision. While Area “A” is located immediately
adjacent to the property zoned Single Family-15 to the north and owned by Blue Star Land LP,
that property is designated for Retail and Neighborhood Services on the Future Land Use Plan.
To date, staff has not received any response to the Public Hearing notice that was mailed to that
property owner.
In addition, in recognition of the depth and size of the remaining interior portion of PD-7, it is
recognized that certain tracts, when subdivided into lots, may not have direct access to either
Preston Road, First Street or Hays Road. Currently, lots are required to have direct frontage
onto a public street. In some occasions, this requirement can be accomplished by creating a
“flag” lot; whereby, a narrow strip of the lot extends to the public roadway. In the case of PD-7,
staff believes adequate access for the public and emergency services as well as access to the
necessary public utilities can be achieved by a “Firelane, Access, Drainage, and Utility
Item 9
Page 3 of 4
Easement.” In lieu of fronting on a public street, future lots in Areas “A” and “B” can have
adequate vehicular and utility access via approved access easements. The Planning & Zoning
Commission will be provided the opportunity to review and approve these easements at the time
of platting.
Please note that the property owner originally requested that buildings in Area “B” be allowed to
develop at four (4) stories, not to exceed 80 feet. The public hearing notices mailed to property
owners within 200 feet of Areas “A” and “B” contained this request. The property owner
subsequently amended his application by withdrawing the request for the four (4) story height
allowance in Area “B.”
With the exception of Area “A”, all other areas within PD-7, bounded by Preston Road, First
Street, Hays Road, and Blue Star Land LP, the maximum height of structures remains at two (2)
stories, no greater than 40 feet.
Future Land Use Plan – The Future Land Use Plan recommends Retail and Neighborhood
Services. The proposed rezoning request is in conformance with the Future Land Use Plan.
Thoroughfare Plan – The property has access to Preston Road, an existing six-lane divided
major thoroughfare; First Street, an existing four-lane minor thoroughfare; and Hays Road,
which is depicted on the Thoroughfare Plan as a two-lane undivided commercial collector.
Water and Sanitary Sewer Services – Water and sanitary service is available.
Access – Access to the property will be provided from Preston Road, First Street, Hays Road
and via future Firelane, Access, Drainage, and Utility Easements.
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. To date,
staff has not received any Public Hearing Notice Reply Forms. Terrence Welch of Brown &
Hofmeister, L.L.P., has approved the standard ordinance as to form and legality.
Attached Documents:
1. Surrounding Zoning Map
2. Ordinance
3. Proposed Exhibits B, C, and D
Planning & Zoning Commission Recommendation:
At their May 3, 2016, meeting, the Planning & Zoning Commission recommended approval of
the request, by a vote of 7-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the ordinance amending a portion of
Planned Development-7 (PD-7) to establish a specific area to allow buildings to be in excess of
Item 9
Page 4 of 4
two (2) stories and to permit lots to have frontage on access easements in lieu of fronting on a
public street.
Proposed Motion:
I move to approve an ordinance amending a portion of Planned Development-7 (PD-7), located
on the north side of First Street between Preston Road and Hays Road, to establish a specific
area to allow buildings to be in excess of two (2) stories and to permit lots to have frontage on
access easements in lieu of fronting on a public street.
Item 9
Z16-0008
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Feet ±
Item 9
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE AND ORDINANCE NO. 02-16 BY REZONING
A TRACT OF LAND CONSISTING OF 44.613 ACRES, MORE OR LESS,
SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM
PLANNED DEVELOPMENT-7 (PD-7) TO PLAN NED DEVELOPMENT-7 (PD-7);
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 Harris
Real Estate (“Applicant”), to rezone 44.613 acres of land, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas;
and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, 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. 02-16. The Town’s
Zoning Ordinance, adopted by Ordinance No. 05-20, and Ordinance No. 02-16 are amended as
follows: The zoning designation of the below-described property containing 44.613 acres of
land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the
Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways
contiguous and/or adjacent thereto is hereby rezoned as Planned Development-7 (PD-7). The
property as a whole and the boundaries for each zoning classification are more particularly
Item 9
Ordinance No. 16-__, Page 2
described in Exhibit D 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; and 3)
the area plan, attached hereto as Exhibit D, which are incorporated herein for all purposes as if
set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance 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 9
Ordinance No. 16-__, 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 24TH DAY OF MAY, 2016.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 9
Prosper Town Center
Planned Development-7
Limited Amendment
Exhibit “B”
Statement of Intent and Purpose
The purpose of this limited amendment to Planned Development-7 (PD-7) is to clarify
and define the allowance of structures to obtain a maximum height of three (3) stories,
not to exceed 50 feet for a specific area within the PD and to allow platted lots to front
on access easements as approved by the Town in lieu fronting on a public street in the
Prosper Town Center in order to accommodate anticipated development.
Item 9
Prosper Town Center
Planned Development-7 Limited Amendment
Exhibit “C”
Planned Development Standards
Exhibit A, “Planned Development Standards” contained within Ordinance No. 02-16,
Planned Development-7, is amended to add the following:
1. The maximum building heights as depicted in attached Exhibit D shall be as
follows:
a. Area “A” – Maximum building height: three (3) stories, not to exceed 50
feet
2. In Areas “A” and “B,” lots that do not have the required frontage on a public
street, shall front on a “Firelane, Access, Drainage, and Utility Easement” as
approved by the Town.
Item 9
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9
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
Agenda Item:
Consider and take action on a resolution directing the Town Secretary to publish notice of intent
to issue Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of
funding costs of multi-purpose municipal facilities, parks, and storm drainage utility projects in
the Town.
Description of Agenda Item:
The attached resolution initiates the process of issuing certificates of obligation for the projects
specified. The timeline, included as an attachment, outlines the bond issue process.
Budget Impact:
The principal amount of the bonds issued are not to exceed $9,600,000 as stated in the
attached resolution and notice of intent.
Legal Obligations and Review:
Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, approved the standard
form Resolution.
Attached Documents:
1. Resolution
2. Notice of Intent for Publication
3. Timeline
Town Staff Recommendation:
Town staff recommends approval of the resolution providing for publication of notice of intent to
issue certificates of obligation to finance the obligations associated with the aforementioned
projects.
Proposed Motion:
I move to approve the resolution providing for publication of notice of intent to issue certificates
of obligation to finance the obligations associated with the aforementioned projects.
Prosper is a place where everyone matters.
TOWN MANAGER’S
OFFICE
Item 10
CERTIFICATE REGARDING ADOPTION OF RESOLUTION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
TOWN OF PROSPER §
We, the undersigned officers of the Town, hereby certify as follows:
1. The Town Council of the Town convened in REGULAR MEETING ON THE 24TH
DAY OF MAY, 2016, at the Town Hall, and the roll was called of the duly constituted officers
and members of the Town Council, to-wit:
Ray Smith, Mayor
Meigs Miller, Mayor Pro-Tem
Curry Vogelsang, Jr., Deputy Mayor Pro-Tem
Mike Davis
Jason Dixon
Michael Korbuly
Kenneth Dugger
and all of said persons were present, except the following absentee: , thus
constituting a quorum. Whereupon, among other business, the following was transacted at said
Meeting: a written
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION
was duly introduced for the consideration of the Town Council. It was then duly moved and
seconded that said Resolution be adopted and, after due discussion, said motion, carrying with
it the adoption of said Resolution, prevailed and carried by the following vote:
AYES: All members of the Town Council shown present above voted "Aye,"
except as shown below:
NOES: ABSTAIN:
2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; that
said Resolution has been duly recorded in said Town Council's minutes of said Meeting; that the
above and foregoing paragraph is a true, full, and correct excerpt from the Town Council's
minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in
the above and foregoing paragraph are the duly chosen, qualified and acting officers and
members of the Town Council as indicated therein; that each of the officers and members of the
Town Council was duly and sufficiently notified officially and personally, in advance, of the time,
place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and
considered for adoption at said Meeting, and each of said officers and members consented, in
advance, to the holding of said Meeting for such purpose, and that said Meeting was open to
the public and public notice of the time, place and purpose of said meeting was given, all as
required by Chapter 551, Texas Government Code.
Item 10
3. That the Mayor of the Town has approved and hereby approves the aforesaid
Resolution; that the Mayor and the Town Secretary of the Town have duly signed said
Resolution; and that the Mayor and the Town Secretary of the Town hereby declare that their
signing of this Certificate shall constitute the signing of the attached and following copy of said
Resolution for all purposes.
SIGNED this, the 24th day of May, 2016.
_________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
Item 10
TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
TOWN OF PROSPER §
WHEREAS, this Town Council deems it advisable to give notice of intention to issue
certificates of obligation of the Town of Prosper, Texas, as hereinafter provided; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was passed was open to the public and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER:
1. Attached hereto is a form of the Notice of Intention to issue Certificates of
Obligation, the form and substance of which is hereby adopted and approved.
2. The Town Secretary shall cause said notice to be published in substantially the
form attached hereto, in a newspaper of general circulation in the Town, and published in the
Town, on the same day in each of two consecutive weeks, the date of the first publication
thereof to be at least 31 days prior to the time set for the adoption of the ordinance authorizing
the issuance of such certificates of obligation as shown in said notice.
3. This Resolution shall become effective immediately upon adoption.
Item 10
TOWN OF PROSPER, TEXAS
NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION
The Town of Prosper does hereby give notice of intention to issue one or more series of
combination tax and surplus revenue certificates of obligation (the “Certificates”), in the
maximum principal amount not to exceed $9,600,000 for paying all or a portion of the Town's
contractual obligations incurred in connection with (i) construction and equipping of a multi-
purpose municipal facility, (ii) constructing, improving, extending, expanding, upgrading and
developing parks and recreation facilities including fields, trails, utility relocation, landscaping,
sidewalks, and operational improvements, installation of lighting, the purchase of any necessary
rights-of-way, drainage and other related costs, (iii) constructing, improving, extending,
expanding, upgrading, and developing storm drainage utility projects including utility relocation,
landscaping, sidewalks, traffic safety and operation improvements, the purchase of any
necessary easements, and the related costs, and (iv) paying legal, fiscal, engineering and
architectural fees in connection with these projects. The Town proposes to adopt an ordinance
that will provide for the Certificates to be secured by a pledge of funds received from the levy
and collection of ad valorem taxes in the Town, as provided by law, and from a pledge of the
surplus net revenues of the Town's water and sewer system (the "System") that remain after
payment of all operation and maintenance expenses thereof, and after all debt service, reserve,
and other requirements in connection with all revenue bonds or other obligations (now or
hereafter outstanding) of the Town have been met, to the extent that such obligations are
payable from all or any part of the net revenues of the System. The Town Council intends to
consider for passage at a meeting to be held at 6:00 P.M. on July 12, 2016, at the Prosper
Municipal Chambers, 108 W. Broadway, Prosper, Texas, an ordinance authorizing the issuance
of Combination Tax and Surplus Revenue Certificates of Obligation.
TOWN OF PROSPER, TEXAS
By: /s/ Ray Smith, Mayor
Item 10
S M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 1 2 3 4 5 6
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27
29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30
31
Complete
By Day Event
6-May-16 Friday First Southwest requests information for preparation of the Official Statement
16-May-16 Monday First Southwest receives requested information.
First Southwest begins preparation of the Official Statement
23-May-16 Monday Draft Official Statement distributed to the Town and
Bond Counsel
24-May-16 Tuesday Town Council approved publication of Notice of Intent for the
Certificates. Publication will occur in the Town's paper of record.
30-May-16 Monday 1st Notice of Intent published for Certificates
31-May-16 Tuesday First Southwest receives comments on Official Statement
6-Jun-16 Monday 2nd Notice of Intent published for Certificates
6-Jun-16 Monday Distribute POS to Rating Agency
Rating Conference Calls
30-Jun-16 Thursday Receive Rating
1-Jul-16 Friday Electronically mail Official Statement to Potential Purchasers
12-Jul-16 Tuesday Pricing
12-Jul-16 Tuesday Town Council passes Ordinance authorizing issuance
of the Bonds and Certificates
11-Aug-16 Thursday Closing and Delivery of Funds to the Town
Town of Prosper, TX
Series 2016 Issuance
4/19/2016
Acct #0643-014
Preliminary Schedule of Events
May-16 Aug-16Jul-16Jun-16
Week of June 13th - 17th
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
Agenda Item:
Consider and act upon an ordinance approving and adopting the negotiated rate settlement
resolving the 2016 “RRM – Rate Review Mechanism” filing for ATMOS Energy Corporation,
Mid-Tex Division, and implementing the rate change.
Description of Agenda Item:
The Town, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an
alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that
allows Atmos to bypass the Town’s rate regulatory authority to increase its rates annually to
recover capital investments. The RRM Tariff has been modified several times, most recently in
2013.
The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1, 2016,
Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis.
Environs customers (ratepayers outside municipal limits) remain under the Railroad
Commission’s exclusive original jurisdiction and have their rates set through the GRIP process.
If the Company had used the GRIP process rather than the RRM process it would have
received a $41 million increase, or about $11 million more than will be approved by the
Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance,
to reduce the Company’s request by $5.5 million, such that the Ordinance approving new rates
reflects an increase of $29.9 million on a system-wide basis.
The tariffs contained in the attachments to the Ordinance approve rates that will increase the
Company’s revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered
on or after June 1, 2016. The monthly residential customer charge will be $19.10. The
consumption charge will be $0.11378 per Ccf. The monthly bill impact for the typical residential
customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical
commercial customer will see an increase of $3.81, or 1.43%. Attached to this Staff Report is a
summary of the impact of new rates on the average bills of all customer classes.
For the reasons outlined above, the ACSC Executive Committee and ACSC legal counsel
recommend approval of the new RRM tariff by all ACSC member municipalities approving the
negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change.
Prosper is a place where everyone matters.
TOWN MANAGER’S
OFFICE
Item 11
Page 2 of 2
Budget Impact:
None.
Legal Obligations and Review:
Terry Welch with Brown & Hoffmeister, L.L.P., has reviewed the proposed Ordinance as to form
and legality.
Attached Documents:
1. Impact of New Rates – Average Bill Comparison
2. Draft Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance approving and
adopting the negotiated rate settlement resolving the 2016 “RRM – Rate Review Mechanism”
filing for ATMOS Energy Corporation, Mid-Tex Division, and implementing the rate change.
Proposed Motion:
I move to adopt an ordinance approving the negotiated rate settlement resolving the 2016 “RRM
– Rate Review Mechanism” filing for ATMOS Energy Corporation, Mid-Tex Division, and
implementing the rate change.
Item 11
Item 11
Ordinance No. 16-xx, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING AND ADOPTING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND
ATMOS ENERGY CORP., MID-TEX DIVISION, REGARDING THE
COMPANY’S 2016 RATE REVIEW MECHANISM FILINGS; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT
TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST;
REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS
OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND ACSC’S LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas (“Town”), is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by the ACSC
Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by
the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost
of serving the Atmos Mid-Tex Division; and
WHEREAS, on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with the
ACSC Cities; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2016 RRM filing through
its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that the ACSC cities approve an increase in base rates for Atmos Mid-Tex of $29.9
million on a system-wide basis; and
WHEREAS, the attached tariffs implementing new rates are consistent with the
recommendation of the ACSC Executive Committee, are agreed to by the Company, and are
just, reasonable, and in the public interest; and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications.
Item 11
Ordinance No. 16-xx, Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth in this Ordinance are hereby in all things approved.
SECTION 2
The Town Council finds that the settled amount of an increase in revenues of $29.9
million on a system-wide basis represents a comprehensive settlement of gas utility rate issues
affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal
limits arising from Atmos Mid-Tex’s 2016 RRM filing is in the public interest, and is consistent
with the City’s authority under Section 103.001 of the Texas Utilities Code, as amended.
SECTION 3
The existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable.
The new tariffs attached hereto and incorporated herein as Attachment A, are just and
reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $29.9
million in revenue over the amount allowed under currently approved rates, as shown in the
Proof of Revenues attached hereto and incorporated herein as Attachment B; and such tariffs
are hereby adopted.
SECTION 4
The ratemaking treatment for pensions and other post-employment benefits in Atmos
Mid-Tex’s next RRM filing shall be as set forth on Attachment C, attached hereto and
incorporated herein.
SECTION 5
Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in
processing the Company’s 2016 RRM filing.
SECTION 6
To the extent any resolution or ordinance previously adopted by the Town Council is
inconsistent with this Ordinance, such resolution or ordinance is hereby repealed.
SECTION 7
The meeting at which this Ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, as
amended.
Item 11
Ordinance No. 16-xx, Page 3
SECTION 8
If any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or otherwise invalid, such judgment shall not affect, impair, or invalidate the
remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be
interpreted as if the offending section or clause never existed.
SECTION 9
Consistent with the Town Ordinance that established the RRM process, this Ordinance
shall become effective from and after its passage with rates authorized by attached tariffs to be
effective for bills rendered on or after June 1, 2016.
SECTION 10
A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice
President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420
LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900,
Austin, Texas 78701.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 24TH DAY OF MAY, 2016.
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Item 11
Ordinance No. 16-xx, Page 4
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 19.10 per month
Rider CEE Surcharge $ 0.02 per month1
Total Customer Charge $ 19.12 per month
Commodity Charge – All Ccf $0.11378 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2015.
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 12
Item 11
Ordinance No. 16-xx, Page 5
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 41.75 per month
Rider CEE Surcharge $ 0.02 per month1
Total Customer Charge $ 41.77 per month
Commodity Charge – All Ccf $ 0.08494 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2015.
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 13
Item 11
Ordinance No. 16-xx, Page 6
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 738.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu
Next 3,500 MMBtu $ 0.2267 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 14
Item 11
Ordinance No. 16-xx, Page 7
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 15
Item 11
Ordinance No. 16-xx, Page 8
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 738.00 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu
Next 3,500 MMBtu $ 0.2267 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF.
Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 16
Item 11
Ordinance No. 16-xx, Page 9
10% of Customer’s receipt quantities for the month.
Item 11
Ordinance No. 16-xx, Page 10
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 17
Item 11
Ordinance No. 16-xx, Page 11
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per
Ccf by the following formula:
WNAFi = Ri
(HSFi x (NDD-ADD) )
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule
or classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNAi = WNAFi x qij
Where qij is the relevant sales quantity for the jth customer in ith rate schedule.
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 41
Item 11
Ordinance No. 16-xx, Page 12
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 42
Base Use/Heat Use Factors
Weather Station
Abilene
Residential
Base use
Ccf
10.09
Heat use
Ccf/HDD
0.1392
Commercial
Base use
Ccf
98.01
Heat use
Ccf/HDD
0.6440
Austin 11.21 0.1551 203.36 0.8564
Dallas 13.72 0.2048 189.83 0.9984
Waco 9.89 0.1411 129.75 0.6695
Wichita
Falls
11.49 0.1506 122.35 0.5967
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
Item 11
Ordinance No. 16-xx, Page 13
Attachment B
Proof of Revenues
File Date: March 1, 2016
Item 11
Ordinance No. 16-xx, Page 14
Attachment C
File Date: March 1, 2016
Attachment C
Item 11
Ordinance No. 16-xx, Page 15
Item 11
Page 1 of 5
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 24, 2016
Agenda Item:
Discussion on the Downtown Office (DTO) Standards.
Description of Agenda Item:
With additional interest and requests to develop offices in the Old Town area, there is a need to
address the impact of the current DTO standards regarding the development of new structures
and the conversion of existing homes into offices. Specifically, staff recommends that the
Landscape Requirements and the Off-street Parking Requirements be amended to facilitate and
not hinder development. Staff also desires to discuss the Architectural Standards of the DTO
District and implications of the Sign Code and receive feedback for future amendments.
DTO Landscape Requirements:
New construction or the conversion of a home to an office in the DTO is subject to the same
standards for all non-residential development in the Town. Due to the nature of the smaller,
narrower lots in the DTO area, applying standards that are also intended for larger, suburban
developments may not be appropriate. The current applicable standards include the following:
25’ landscape setback adjacent to thoroughfares or a 15’ landscape setback adjacent to
collector streets to include:
o One, 3” caliper large tree per 30’ of roadway frontage (three, 3” caliper ornamental
trees may be substituted for a large tree), and
o Fifteen (15), 5-gallon shrubs per 30’ of roadway frontage;
Screening adjacent to properties designated as residential on the Future Land Use Plan
must be a minimum 8’ high cedar board-on-board wooden fence in the DTO;
6’ living screen for parking adjacent to residential;
When adjacent to a tract that is zoned or designated for residential uses, one, 3” large tree
every 30’ in a 15’ landscape setback;
When adjacent to a tract zoned or designated for non-residential uses, one small tree and
one, 5-gallon shrub every 15’ in a 5’ landscape setback; and
When a site contains twenty (20) or more parking spaces, the following are required:
o 15 sq. ft. of landscaping area per parking space;
o Landscape islands located at the end of all parking rows;
o Each island must contain one, 3” large tree or three small trees grouped;
o No more than 15 continuous parking spaces without a landscape island;
o Landscape island must be a minimum of 160 sq. ft., not less than 9’ wide; and
Prosper is a place where everyone matters.
PLANNING
Item 12
Page 2 of 5
o One, 3” large tree shall be located within 150’ of all parking spaces.
Recommended Amendments to Landscape Requirements in the DTO:
No longer require shrubs in the landscape setback adjacent to a roadway, but shrubs are
required to screen the edge of a parking lot adjacent to a roadway.
In lieu of requiring one, 3” caliper large tree per 30’ of roadway frontage; require one, 3” caliper
large tree per 30’ of roadway frontage, excluding the width of driveways at the property line.
Where the width of the roadway frontage is greater than 80’, excluding the width of driveways
at the property line, the number of large trees may be planted at a rate of one, 3” large tree per
40’ of roadway frontage. The substitution of ornamental trees for large trees is not permitted.
Reduce minimum height of required board-on-board fencing adjacent to residential areas
designated on the Future Land Use Plan from 8’ to 6’.
Regardless of the adjacent use, zoning or Future Land Use designation, the perimeter
landscape area shall be a minimum of 5’ in width and consist of one ornamental tree per 15’
(no shrub requirement)
Where parking is adjacent to an existing or zoned residential use, the required minimum 6’ high
irrigated living screen shall be reduced to a minimum height of 3’ high but shall be solid at time
of planting. This requirement will be waived if there is a required board-on-board fence.
Off-street Parking Requirements:
One of the requirements of the off-street parking requirements, applicable to all Zoning Districts
and including the DTO, is the prohibition of “dead-end” parking aisles. The intent of the
provision is to prevent conflicts in vehicles entering and exiting a parking lot. Traditional
“greenfield” development is able to meet this requirement by “looping” the drive aisles and
providing two points of access as pictured below.
In the DTO, the goal is to facilitate the redevelopment of homes into offices. The physical
limitations of these smaller residential lots, which may only be 50 feet in width, make it
Item 12
Page 3 of 5
impossible to meet the “no dead-end drive aisle” requirement. The recent conversion of the
home at 209 E. Broadway Street into a real estate office could only be accomplished with the
parking as pictured below.
Because the lot has access to a public alley, staff was able to permit the improvement.
However, in many areas in the Old Town areas which are designated for the DTO uses, there
are no alleys. And in some instances, where there are alleys, they could be abandoned in the
future if not serving a public need.
The prohibition dead-end parking aisles is necessary for larger commercial parking lots, but for
small office developments which generate a limited number of trips, dead-end parking aisles will
not pose a problem.
Recommended Amendment to Off-Street Parking Requirements in the DTO:
Where ten (10) or fewer off-street parking spaces are provided, a dead-end parking aisle may
be permitted.
DTO Architectural Standards:
The following examples are provided in the Zoning Ordinance as a guide for all new
construction in the DTO:
Item 12
Page 4 of 5
The goal is for new office developments in the Old Town area to be compatible with the
surrounding residential homes. In reality, however, new offices will not resemble the structures
pictured above, which are homes, not offices. While staff has not developed specific
Item 12
Page 5 of 5
recommendations at this time, we want to make Council aware of this issue and bring back draft
recommendations at a future meeting.
Sign Code:
Detached signs located in the front yard of any non-residential lot must be a masonry,
monument sign, a maximum of 8’ in height and a maximum of 64 square feet in size. The signs
can be internally illuminated including digital messages that can change every ten seconds. In
the DTO, these signs are out of character with the image of the area. The sign pictured below is
not permitted in Prosper but would be more appropriate in the DTO.
When staff brings the draft revisions to the Sign Code for Council review, we will address this
issue.
Town Staff Recommendation:
Town staff requests that the Town Council provide input on the proposed amendments to the
Landscape and Off-Street Parking Requirements and provide direction on whether to initiate a
formal amendment to the Zoning Ordinance.
Item 12
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 – May 24, 2016
Agenda Item:
Discussion on the Frontier Park North Field Improvements Project.
Description of Agenda Item:
At the May 10, 2016, Town Council meeting, the Town Council requested an agenda item be
placed on the May 24, 2016, Town Council agenda to discuss a possible revision to the Frontier
Park North Field Improvements Project Preliminary Site Plan that was approved at the April 26,
2016, Town Council meeting. The current approved layout of the northwest and southwest youth
ballfields outfield is 225’, including approximately 265 parking spaces on the west side of the
project. The options related to the Prosper Youth Sports Commission’s desire to increase the
length of the outfield of the two (2) western youth ballfields are as follows:
A. Extend northwest and southwest youth ballfields to 275’ outfield
(Reduction of 64 parking spaces to 201 spaces)
B. Extend northwest youth ballfield to 275’ outfield; southwest youth ballfield to 250’ outfield
(Reduction of 49 parking spaces to 216 spaces)
C. Extend northwest and southwest youth ballfields to 250’ outfield
(Reduction of 17 parking spaces to 249 spaces)
Budget Impact:
The FY 2015-2016 Capital Improvement Program includes $9,751,225 for the design and
construction of the Frontier Park North Field Improvements project. Additional funds will be
necessary to fund the selected option listed below, that include cost estimates for the additional
field improvements and savings from reduction in parking spaces:
A. Extend northwest and southwest youth ballfields to 275’ +/-$500,000
B. Extend northwest youth ballfield to 275’; southwest to 250’ +/-$350,000
C. Extend northwest and southwest youth ballfields to 250’ +/-$200,000
Attached Documents:
1. Current approved layout of northwest and southwest youth ballfields
2. Option A: Extend northwest and southwest youth ballfields to 275’
3. Option B: Extend northwest youth ballfield to 275’; southwest to 250’
4. Option C: Extend northwest and southwest youth ballfields to 250’
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 13
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council provide staff with feedback on the desired option
related to the Prosper Youth Sports Commission’s desire to increase the size of the two (2)
western youth ballfields.
Proposed Motion:
I move to approve option (______) for the Frontier Park North Field Improvements project two (2)
western youth ballfields.
Item 13
Current approved layout of northwest and southwest youth ballfields
Item 13
Option A: Extend northwest and southwest youth ballfields to 275'
Item 13
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Item 13
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Item 13
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 – May 24, 2016
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Water Impact Fees
Reimbursement Agreement between Blue Star Development Company and the Town of Prosper,
Texas, related to the extension of water lines to serve the Star Trail development.
Description of Agenda Item:
Blue Star Development Company is developing Star Trail and in order for the development to
occur, they will be required to extend the following water lines:
Twenty-inch (20”) on Dallas North Tollway from First Street to Prosper Trail
Twelve-inch (12”) on Prosper Trail from existing water line east of Dallas North Tollway to Dallas
North Tollway
Twenty-inch (20”) on Prosper Trail from Dallas North Tollway to Legacy Drive
Sixteen-inch (16”) on Prosper Trail from Legacy Drive to western limits of development
Sixteen-inch (16”) on Legacy Drive from First Street to Prosper Trail
Twenty-inch (20”) on Fishtrap Road from existing water line west of Legacy Drive to Dallas
North Tollway. This water line extension is listed in the agreement as optional since the
construction of this water line may occur by another party prior to the needs of Star Trail.
Since the proposed water lines are depicted on the Town of Prosper Water System Capital
Improvement Plan, the actual costs for the design and construction of the improvements are
eligible for reimbursement of water impact fees collected from the development. The purpose of
the Water Impact Fees Reimbursement Agreement is to outline the obligations of the Town of
Prosper and Blue Star Development Company related to the design, construction, and
reimbursement of collected water impact fees to fund the projects.
Budget Impact:
Today’s estimated cost for the design and construction of all the water lines is $4,145,348.00.
$1,333,425.00 of that estimate is for the optional twenty-inch (20”) along Fishtrap Road. There is
also an additional estimated cost of $40,000.00 for easement acquisitions. The current anticipated
water impact fees owed by the development, $7,293,000.00, exceeds the actual cost of the design
and construction of all the water lines and easement acquisitions. Collected water impact fees
from the Star Trail development will be credited and reimbursed to Blue Star Development
Company as outlined in the Development Agreement.
Prosper is a place where everyone matters.
ENGINEERING
Item 14
Page 2 of 2
If after ten years there still exists a balance of reimbursements due, the Town will reimburse Blue
Star Development Company from applicable water impact fee funds.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. Blue Star Development Company will contribute $5,000 towards the legal preparation
fees.
Attached Documents:
1. Town of Prosper Water System Capital Improvement Plan
2. Water Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Water
Impact Fees Reimbursement Agreement between Blue Star Development Company and the Town
of Prosper, Texas, related to the extension of water lines to serve the Star Trail development.
Proposed Motion:
I move to authorize the Town Manager to execute a Water Impact Fees Reimbursement
Agreement between Blue Star Development Company and the Town of Prosper, Texas, related to
the extension of water lines to serve the Star Trail development.
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Town of Prosper Water System Capital Improvement Plan
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