05.25.21 Town Council Regular Meeting PacketPage 1 of 4
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Prosper is a place where everyone matters.
Notice Regarding Public Participation
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Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Mayor's Fitness Challenge Recognition. (DR)
2. Bike Week Proclamation. (DR)
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.
3. Consider and act upon the minutes from the May 11, 2021, Town Council Canvass
Election Meeting. (ML)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, May 25, 2021
5:45 PM
Page 1
Page 2 of 4
4. Consider and act upon the minutes from the May 11, 2021, Town Council Meeting.
(ML)
5. Consider and act upon a resolution to deny the rate change application proposed by
CoServ. (BP)
6. Conduct a Public Hearing, and consider and act upon a request to amend the Future
Land Use Plan from Medium Density Residential to Retail & Neighborhood Services,
generally located on the northwest corner of Legacy Drive and Prosper Road. This is
a companion case to Z20-0013. (CA20-0003). (AG)
7. Conduct a Public Hearing, and consider and act upon a request to rezone 5.5± acres,
from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy Storage,
located on the west side of Legacy Drive, north of Prosper Road. This is a companion
case to CA20-0003. (Z20-0013). (AG)
8. Consider and act upon an ordinance amending the Future Land Use Plan from
Medium Density Residential to Tollway District, generally located on the south side of
Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-0026.
(CA20-0004). (AG)
9. Consider and act upon an ordinance amending Planned Development-69 (PD-69), on
74.3± acres, generally to amend the residential tract to allow for non-residential uses,
located on the southeast corner of Dallas Parkway and Frontier Parkway. This is a
companion case to CA20-0004. (Z20-0026). (AG)
10. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Metten Real Estate, L.P., and the Town of Prosper, Texas, related
to development at the southeast corner of Dallas Parkway and Frontier Parkway. (AG)
11. 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, including Brookhollow Multifamily and Fishtrap EST Non-Commercial
Antennas. (AG)
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, or request to address
the Council via videoconference or telephone.
REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened.
For individuals wishing to speak on a non-public hearing item, they may either address the Council
during the Citizen Comments portion of the meeting or when the item is considered by the Town
Council.
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Items for Individual Consideration:
12. Consider and act upon authorizing the Town Manager to execute an Escrow
Agreement between BG-GBT Broadway & Preston LP, and the Town of Prosper,
Texas, related to the future construction of improvements on Broadway (FM 1193) to
serve the Windmill Hill development. (DH)
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:
Section 551.087 – To discuss and consider economic development incentives.
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.
Section 551.074 - To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.071 - Consultation with the Town Attorney regarding legal issues
associated with the payment of impact fees, pursuant to Section 395.018 of the Texas
Local Government Code, and all matters incident and related thereto.
Section 551.071 - Consultation with Town Attorney regarding legal issues related to
Article 1.02 of the Town’s Code of Ordinances, and all matters incident and related
thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
13. Brookhollow Multifamily Development Agreement Discussion (RZ)
14. Proposal for use of Town Hall balconies. (RB)
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday,
May 21, 2021, and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Melissa Lee, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
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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.
Call to Order/ Roll Call.
The meeting was called to order at 7:30 a.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Jason Dixon
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Meigs Miller
Council Members Absent:
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Melissa Lee, Town Secretary
Robyn Battle, Executive Director of Community Services
Items for Individual Consideration:
1. Consider and act upon Ordinance No. 2021-24 canvassing the returns and
declaring the results of the May 1, 2021, General Election. (ML)
Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the motion
to approve Ordinance No. 2021-24 canvassing the returns and declaring the results of
the May 1, 2021, General Election.
The motion was approved by a vote of 6 – 0.
Adjourn.
The meeting was adjourned at 7:32 a.m. on Tuesday, May 11, 2021.
These minutes approved on the 25th day of May 2021.
Minutes
Prosper Town Council Meeting
To Canvass the Election
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, May 11, 2021
Page 5
Item 3.
Page 2 of 2
APPROVED:
Ray Smith, Mayor
ATTEST:
Melissa Lee, Town Secretary
Page 6
Item 3.
Page 1 of 7
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:25 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Charles Cotten (Elect)
Council Members Absent:
Mayor Pro-Tem Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Melissa Lee, Town Secretary
Robyn Battle, Executive Director of Community Services
Chuck Springer, Executive Director of Administrative Services
Betty Pamplin, Finance Director
January Cook, Purchasing Manager
Rebecca Zook, Executive Director of Development & Infrastructure Services
Khara Dodds, Development Services Director
Hulon Webb, Engineering Services Director
Dan Heischman, Assistant Director of Engineering Services - Development
Alex Glushko, Planning Manager
Leslie Scott, Director of Library Services
Leigh Johnson, Director of Information Technology
Dudley Raymond, Director of Parks and Recreation
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler, First Presbyterian Church of Prosper, led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
Presentations.
1. Present Oaths of Office and Certificates of Election to Craig Andres and Charles
Cotten. (ML)
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, May 11, 2021
Page 7
Item 4.
Page 2 of 7
Melissa Lee, Town Secretary, conducted the Oaths of Office and Mayor Smith
presented the Certificates of Election to Craig Andres elected to Town Council, Place
2, and Charles Cotten elected to Town Council, Place 6 in the May 1, 2021, General
Election.
Announcements of recent and upcoming events.
Councilmember Cotten read the announcements.
Thank you to everyone who attended the Town Council Reception prior to tonight’s meeting. The
Town Council, residents, friends, and family acknowledged outgoing Councilmember Jason Dixon
for over his many years of service to the Town. Craig Andres was acknowledged for his re-
election, and Charles Cotten was welcomed as a newly elected member of the Town Council.
Prosper residents are encouraged to contribute their ideas to the Downtown Master Plan, a joint
project between the Town and the Prosper Economic Development Corporation. Visit the Prosper
EDC Facebook page to learn more about the project, complete a survey, and share your ideas
for downtown.
The Prosper Community Library will kick off this year’s Summer Reading Program on June 1.
This year’s theme is “Destination: 7-Continent Exploration.” Summer reading participants will
learn all about the continents, their cultures, foods, and natural beauty. Library staff will lead an
exploration of a different continent each week. Teens can participate in the Town’s own Amazing
Race, and family-friendly movies will tie into each week’s destination continent. Visit the Library’s
website or Facebook page for more information.
In addition to the hotspots available for checkout at Prosper Community Library, the parking lot is
now a 24-hour Wi-Fi access point for high-speed internet access. Motorists or pedestrians may
position themselves in the near vicinity of the parking lot and log on. Users must provide their own
laptop or other device to use the free service.
The Prosper Tree Tour will take place on Thursday, May 27, at 5:30 p.m. at Whitley Place Park.
Join Town staff for a walk in the park to learn about trees and foliage and the role trees play in
the life of our community. Bring the family and your sneakers for this relaxed, informal, and fun
evening! Visit the Parks & Recreation website or Facebook page for more information.
Mayor Smith presented a Proclamation to Chief Kowalski recognizing the week of May 9-15,
2021, as Police Week and May 15, 2021, as Peace Officers’ Memorial Day in honor of law
enforcement officers who have made the ultimate sacrifice, or who have become disabled in
service to their community.
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.
2. Consider and act upon the minutes from the April 27, 2021, Town Council
meeting. (ML)
3. Receive the Quarterly Investment Report. (BP)
4. Receive the March Financial Report. (BP)
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Item 4.
Page 3 of 7
5. Consider and Act upon authorizing the Town Manager to execute an
Intergovernmental Joint Use Agreement between the Town of Prosper and the
Prosper Independent School District with regard to the Town's use of tennis
courts at Rogers Middle School and Rushing Middle School in consideration of
waiving tree preservation fees for High School Site Number Three. (DR)
6. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Teague Nall and Perkins, Inc. (TNP), and the Town
of Prosper, Texas, related to the Tanners Mill Park Phase 2 (2108-PK). (DR)
7. Consider and act upon authorizing the Town Manager to execute an Escrow
Agreement between Blue Star Allen Land, L.P., and the Town of Prosper, Texas,
related to the future construction of improvements on Legacy Drive to serve Star
Trail Phase 7. (HW)
8. 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, including North Dallas Cemetery, North
Preston Village, and Prosper Business Park. (AG)
Councilmember Ray made a motion and Councilmember Hodges seconded the
motion to approve all items on the Consent Agenda.
The motion passed by a vote of 7 – 0.
CITIZEN COMMENTS:
There were no citizen comments.
REGULAR AGENDA:
Items for Individual Consideration:
9. Conduct a Public Hearing, and consider and act upon a request to rezone
Planned Development-86 (PD-86) to Planned Development (PD), on 63.3± acres,
to allow for an age-restricted single family detached, condominium
development, located on the west side of Custer Road, south of First Street.
(Z20-0027). (AG)
Alex Glushko, Planning Manager, provided an overview of the request for a Planned
Development (PD) District to facilitate an age-restricted (55 and older), private gated
community, which consist of a maximum of 248 single family detached condominium
units located on one lot. The condominium style development will allow for individual
purchase of the interior dwelling space of each unit, with the dwelling exterior, yard,
street, etc., to be owned and maintained by a community association. The proposed
development does not fall under the standard Zoning Ordinance classification of a
single family detached or multifamily district. To facilitate this project the applicant is
proposing a series of plans and standards to define the regulations for the
development.
Mayor Smith opened the public hearing.
Page 9
Item 4.
Page 4 of 7
John Delin with the Integrity Group discussed the Ladera Prosper Project, an active
adult condominium development featuring smaller, low maintenance homes with
active lifestyle amenities.
The Town Council discussed the proposed molded or pre-cast composite fence
material Simtek and the proposed berms, landscaping, fencing, and trails along Custer
Road. Councilmember Bartley suggested granting the requested waiver of the tree
mitigation requirements for trees located within the floodplain to offset the cost of the
required berms along Custer Road. Mr. Delin answered questions on development
sidewalks and building “setbacks” with this proposal.
Brent Kirby, 3410 Beachwood Drive, Whitley Place HOA Board Member, spoke in
support of Item 9.
George Dupont, 1400 Harvest Ridge Lane, spoke in opposition to item 9 due to the
requested deviations and variances from the Town’s ordinances and standards by the
applicant.
With no one else speaking, Mayor Smith closed the public hearing.
After discussion, Councilmember Miller made a motion and Deputy Mayor Pro-Tem
Andres seconded the motion to approve the request to rezone Planned Development-
86 (PD-86) to Planned Development (PD), on 63.3± acres, to allow for an age-
restricted single family detached, condominium development, located on the west side
of Custer Road, south of First Street subject to:
1. The requirement of berms is along Custer Road south of Street A;
2. Any areas proposed for Simtek fencing shall be required to be board-on-
board with caps wood fencing consistent with Town ordinances;
3. Full compliance with tree mitigation standards and requirements.
Building materials and enhanced landscaping along Custer Road north of Street A
shall be included in a development agreement.
The motion passed by a vote of 7 – 0.
10. Conduct a Public Hearing, and consider and act upon Ordinance No. 2021-25
amending the Thoroughfare Plan to realign segments of Mahard Parkway,
Lovers Lane, Prairie Drive, and Shawnee Trail. (CA21-0003). (AG)
Dan Heischman, Assistant Director of Engineering Services – Development, reviewed
the Thoroughfare Plan as it currently depicts segments of Mahard Parkway, Lovers
Lane, Prairie Drive, and Shawnee Trail in the configuration of a “football”. In 2019, the
property owners of land in the “football” contacted Town staff expressing interest in
instigating a study to evaluate the impacts of a realignment of the subject roadway
segments. In 2020, the property owners contracted with the Deshazo Group to
perform an analysis. A study was completed in 2021, which demonstrates the
realignment does not have a detrimental impact on circulation and traffic flow in the
area. The Engineering Department has reviewed the study and is supportive of the
proposed realignment.
Mayor Smith opened the public hearing.
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Item 4.
Page 5 of 7
With no one speaking, Mayor Smith closed the public hearing.
Mr. Heischman continued by confirming for the Town Council that there would be no
intersection treatment or roundabout at the intersection of Shawnee Trail and Prairie
Drive.
After discussion Councilmember Hodges made a motion and Councilmember Ray
seconded the motion to approve Ordinance No. 2021-25 amending the Thoroughfare
Plan to realign segments of Mahard Parkway, Lovers Lane, Prairie Drive, and
Shawnee Trail.
The motion passed by a vote of 7 – 0.
11. Consider and act upon Ordinance No. 2021-26 amending Ordinance No. 2020-71
(FY 2020-2021 Budget). (BP)
12. Consider and act upon authorizing the Town Manager to accept a grant award
from FHWA Congestion Mitigation and Air Quality (QMAQ) Improvement
Program Funds through the North Central Texas Council of Governments
(NCTCOG) for Traffic Incident Management Grant (TIM). (SB)
13. Consider and act upon approving the purchase of Thermal Image Cameras and
related equipment from NAFECO, Inc., through the Texas Local Government
Purchasing Cooperative. (SB)
Mayor Smith opened Items 11, 12, & 13 concurrently.
Betty Pamplin, Finance Director, began with providing the Town Council information
on the budget amendment that will increase Grant revenue by $71,705 to account for
acceptance of the grant award from the Texas Department of Transportation (TxDOT)
through North Central Texas Council of Governments (NCTCOG), and increase
expenditures by $71,705 to allocate funding for the purchase of 8 thermal imaging
cameras and 64 traffic safety vests. Stuart Blasingame, Fire Chief, continued with
clarifying the provided totals regarding the NAFECO safety vests and answered
general equipment questions from the Town Council.
After discussion Councilmember Meigs made a motion and Deputy Mayor Pro-Tem
Andres seconded the motion to approve Ordinance No. 2021-26 amending Ordinance
No. 2020-71 (FY 2020-2021 Budget).
The motion passed by a vote of 7 – 0.
Councilmember Ray made a motion and Councilmember Hodges seconded the
motion to authorize the Town Manager to accept a grant award from FHWA
Congestion Mitigation and Air Quality (QMAQ) Improvement Program Funds through
the North Central Texas Council of Governments (NCTCOG) for Traffic Incident
Management Grant (TIM).
The motion passed by a vote of 7 – 0.
Page 11
Item 4.
Page 6 of 7
Deputy Mayor Pro-Tem Andres made a motion and Councilmember Hodges seconded
the motion to approve the purchase of Thermal Image Cameras and related equipment
from NAFECO, Inc., through the Texas Local Government Purchasing Cooperative.
The motion passed by a vote of 7 – 0.
14. Discussion on Downtown Silos. (HJ)
Harlan Jefferson, Town Manager, discussed the Town’s response regarding the
Downtown Silo properties and provided a timeline of property events and
communication points to the public. Mr. Jefferson noted ongoing concerns by the
property owner regarding liability and maintenance of the silos and discussed
continued efforts by the Town to preserve specific silos. The Town Council had
questions on various lease or purchase options for the Downtown Silos and site
properties by the Town, and the associated liabilities of each.
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:
Section 551.087 - To discuss and consider economic development incentives.
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.
Section 551.074 - To discuss and consider personnel matters and all matters
incident and related thereto.
Section 551.074 - To discuss and consider election of Mayor Pro-Tem and
Deputy Mayor Pro-Tem.
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.
The Town Council recessed into Executive Session at 8:54 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 9:42 p.m.
Councilmember Hodges made a motion and Councilmember Bartley seconded the motion to
appoint Meigs Miller as Mayor Pro-Tem and Craig Andres as Deputy Mayor Pro-Tem.
The motion passed by a vote of 7 – 0.
Councilmember Hodges made a motion and Deputy Mayor Pro-Tem Andres seconded the motion
to appoint Sekou Harris to the Planning and Zoning Commission, Place 1, to fill the unexpired
term of Charles Cotten who was elected to Town Council, Place 6.
Page 12
Item 4.
Page 7 of 7
The motion passed by a vote of 7 – 0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
15. Town Council Subcommittee Discussion. (RB)
The Town Council appointed Councilmember Cotten as Council Representative to the
Town of Prosper Finance and Benefits Subcommittees.
Councilmember Ray requested a future meeting discussion item on the use of the Town Hall
balconies. The Town Council directed staff to use the MRAP vehicle on a case-by-case basis.
Adjourn.
The meeting was adjourned at 9:50 p.m. on Tuesday, May 11, 2021.
These minutes approved on the 25th day of May 2021.
APPROVED:
Ray Smith, Mayor
ATTEST:
Melissa Lee, Town Secretary
Page 13
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Betty Pamplin, Finance Director
Through: Harlan Jefferson, Town Manager
Chuck Springer, Executive Director of Administrative Services
Re: Tow n Council Meeting – May 25, 2021
Agenda Item:
Consider and act upon a resolution to deny the rate change application proposed by CoServ. (BP)
Description of Agenda Item:
On November 13, 2020, CoServ Gas, Ltd. (“CoServ” or “Company”), pursuant to Subchapter C of
Chapter 104 of the Gas Utility Regulatory Act, filed its Statement of Intent to change gas rates at
the Railroad Commission of Texas (“RRC”) and in all municipalities exercising original jurisdiction
within its service area, effective March 14, 2021.
On December 8, 2020, Town Council approved a resolution suspending CoServ’s rate request
from taking effect for 90 days, the fullest extent permissible under the law. This time period has
permitted the Town, through its participation in the Steering Committee of Cities Served by
CoServ, Ltd. (“CoServ Gas Cities”), to determine that the proposed rate increase and
consolidation are unreasonable. Consistent with the recommendations of experts engaged by
CoServ Gas Cities, CoServ’s request for a rate increase and consolidation of service areas should
be denied.
Accordingly, the purpose of this Resolution is to deny the rate change application proposed by
CoServ.
Budget Impact:
A settlement has been reached, but not yet finalized and filed. The key terms of the settlement
include: a rate increase of $6.25 million, down from the Company’s updated request of $11.5
million; $10.3 million of excess deferred income tax refunded to customers over 38 years; 9.5%
Return on Equity, compared to the Company’s requested 11.5% Return on Equity; residential
customer charge of $15, compared to the Company’s original $18.50 request; commercial and
public authority customer charge of $35.00, compared to the Company’s original $43.50 request;
and 100% recovery of Town’s rate case expenses.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 14
Item 5.
Page 2 of 2
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends adoption of a resolution to deny the rate change application proposed by
CoServ.
Proposed Motion:
I move to adopt a resolution to deny the rate change application proposed by CoServ.
Page 15
Item 5.
Resolution No. 2021-xx, Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2021-xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS DENYING COSERV GAS, LTD’S REQUESTED RATE INCREASE;
REQUIRING THE COMPANY TO REIMBURSE THE TOWN’S REASONABLE
RATEMAKING EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
MAKING FINDINGS; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND THE TOWN’S LEGAL COUNSEL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Town”), is a gas utility customer of CoServ Gas
Ltd. (“CoServ” or “Company”), and is a regulatory authority under the Gas Utility Regulatory Act
(“GURA”), and under Chapter 104, § 104.001 et seq. of GURA, has exclusive original jurisdiction
over CoServ’s rates, operations, and services within the Town; and
WHEREAS, the Town cooperated with a coalition of similarly situated cities served by the
Company that have joined together to facilitate the review and response to natural gas issues
affecting rates charged in CoServ’s service area (“CoServ Gas Cities” or “Steering Committ ee of
Cities Served by CoServ Gas, Ltd.”); and
WHEREAS, on or about November 13, 2020, the Company filed a Statement of Intent to
increase rates on a system-wide basis by $9.6 million per year, and by $8,113,409 in all
municipalities exercising original jurisdiction within its service area; and
WHEREAS, CoServ proposed March 14, 2021, as the effective date for its requested
increase in rates; and
WHEREAS, the Town passed Resolution No. 2020-92 to suspend the effective date of
CoServ’s requested rate increase for ninety (90) days, the maximum period allowed by law; and
WHEREAS, the CoServ Gas Cities hired and directed legal counsel and consultants to
prepare a common response to the Company’s requested system-wide rate increase and
proposed consolidation of service areas, which resulted in a conclusion that CoServ’s rates are
not reasonable, the proposed consolidation of services areas is not reasonable, and a
recommendation that the rate request and consolidation be denied; and
WHEREAS, GURA § 103.022 provides that costs incurred by CoServ Gas Cities in
ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The rates proposed by CoServ to be recovered through its gas rates charged to customers
located within the Town limits are hereby found to be unreasonable and shall be denied.
Page 16
Item 5.
Resolution No. 2021-xx, Page 2
SECTION 2
CoServ shall continue to charge its existing rates to customers within the Town and that
said existing rates are reasonable.
SECTION 3
The Town’s reasonable rate case expenses shall be reimbursed by the Company.
SECTION 4
It is hereby officially found and determined that the meeting at which this Resolution is
passed is open to the public as required by law and the public notice of the time, place, and
purpose of said meeting was given as required.
SECTION 5
A copy of this Ordinance shall be sent to CoServ, care of Charles Harrell, CoServ Gas,
Ltd., 7701 South Stemmons Freeway, Corinth, Texas 76210 (CHarrell@coserv.com), and to
Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite
1900, Austin, Texas 78701 (tbrocato@lglawfirm.com).
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF MAY, 2021.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 17
Item 5.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – May 25, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use
Plan from Medium Density Residential to Retail & Neighborhood Services, generally located on
the northwest corner of Legacy Drive and Prosper Road. This is a companion case to Z20-0013.
(CA20-0003).
Description of Agenda Item:
This item was tabled at the April 13, 2021, Town Council meeting, per a request by the applicant,
to allow additional time to address concerns raised by the northern adjacent property owner. The
applicant has requested this item be tabled and the Public Hearing continued to the June 8, 2021,
Town Council meeting, for the same purpose.
Attached Documents:
1. Tabling Request Letter
Staff Recommendation:
Staff recommends the Town Council table this request and continue the Public Hearing to the
June 8, 2021, meeting.
Planning & Zoning Commission Recommendation:
At their March 2, 2021 meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 7-0.
Proposed Motion:
I move to table this and continue the Public Hearing to the June 8, 2021, Town Council meeting.
Prosper is a place where everyone matters.
PLANNING
Page 18
Item 6.
May 10, 2021
Mr. Alex Glushko
Town of Prosper
200 S. Main Street
Prosper, TX 75078
Re: Z20-0013 & CA 20-0003 – Table Request
Dear Alex,
As the owner, applicant and/or representative of the Zoning Case Z20-0013 and
Future Land Use Plan Amendment CA 20-0003, I hereby request that the case be
tabled until the June 8, 2021 City Council meeting.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymoore Engineering, Inc.
Matt Moore
Page 19
Item 6.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – May 25, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 5.5± acres, from
Agriculture (A) to Planned Development-Retail (PD-R), for Legacy Storage, located on the west
side of Legacy Drive, north of Prosper Road. This is a companion case to CA20-0003. (Z20-
0013).
Description of Agenda Item:
This item was tabled at the April 13, 2021, Town Council meeting, per a request by the applicant,
to allow additional time to address concerns raised by the northern adjacent property owner. The
applicant has requested this item be tabled and the Public Hearing continued to the June 8, 2021,
Town Council meeting, for the same purpose.
Attached Documents:
1. Tabling Request Letter
Staff Recommendation:
Staff recommends the Town Council table this request and continue the Public Hearing to the
June 8, 2021, meeting.
Planning & Zoning Commission Recommendation:
At their March 2, 2021 meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 7-0.
Proposed Motion:
I move to table this and continue the Public Hearing to the June 8, 2021, Town Council meeting.
Prosper is a place where everyone matters.
PLANNING
Page 20
Item 7.
May 10, 2021
Mr. Alex Glushko
Town of Prosper
200 S. Main Street
Prosper, TX 75078
Re: Z20-0013 & CA 20-0003 – Table Request
Dear Alex,
As the owner, applicant and/or representative of the Zoning Case Z20-0013 and
Future Land Use Plan Amendment CA 20-0003, I hereby request that the case be
tabled until the June 8, 2021 City Council meeting.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymoore Engineering, Inc.
Matt Moore
Page 21
Item 7.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – May 25, 2021
Agenda Item:
Consider and act upon an ordinance amending the Future Land Use Plan from Medium Density
Residential to Tollway District, generally located on the south side of Frontier Parkway, east of
Dallas Parkway. This is a companion case to Z20-0026. (CA20-0004).
Description of Agenda Item:
On April 27, 2021, the Town Council approved the proposed request, by a vote of 7-0. An
ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Exhibit A - Future Land Use Plan
Staff Recommendation:
Staff recommends the Town Council approve an ordinance amending the Future Land Use Plan
from Medium Density Residential to Tollway District, generally located on the south side of Frontier
Parkway, east of Dallas Parkway.
Proposed Motion:
I move to approve an ordinance amending the Future Land Use Plan from Medium Density
Residential to Tollway District, generally located on the south side of Frontier Parkway, east of
Dallas Parkway.
Prosper is a place where everyone matters.
PLANNING
Page 22
Item 8.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE FUTURE LAND USE PLAN MAP OF THE TOWN OF
PROSPER’S COMPREHENSIVE PLAN; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that the Future Land Use Plan of the Town of Prosper (“Prosper”)
Comprehensive Plan, adopted by Ordinance No. 12-21, as amended, should be amended; and
WHEREAS, Prosper received a request to amend the Future Land Use Plan from Medium
Density Residential to Tollway District, generally located on the south side of Frontier Parkway,
east of Dallas Parkway (CA20-0004);
WHEREAS, Prosper has complied with all notices and public hearings as required by law;
and
WHEREAS, the Town Council finds that it will be advantageous, beneficial, and in the best
interests of the citizens of Prosper to amend a portion of the Comprehensive Plan 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
Amendment to Prosper’s Comprehensive Plan, Ordinance No. 12-21. The Future Land
Use Plan Map of the Town of Prosper's Comprehensive Plan, adopted by Ordinance No. 12-21,
as amended, is hereby amended to reflect Tollway District on the south side of Frontier Parkway,
east of Dallas Parkway, as depicted in Exhibit A, attached hereto and incorporated by reference.
SECTION 3
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.
Page 23
Item 8.
Ordinance No. 2021-___, Page 2
SECTION 4
Savings/Repealing Clause. Prosper’s Comprehensive Plan, adopted by Ordinance 12-
21, 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 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF MAY, 2021.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 24
Item 8.
Z
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F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
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Note: A comprehensive plan shall not constitutezoning regulations or establish zoning districtboundaries.
Page 25
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – May 25, 2021
Agenda Item:
Consider and act upon an ordinance amending Planned Development-69 (PD-69), on 74.3± acres,
generally to amend the residential tract to allow for non-residential uses, located on the southeast
corner of Dallas Parkway and Frontier Parkway. This is a companion case to CA20 -0004. (Z20-
0026).
Description of Agenda Item:
On April 27, 2021, the Town Council approved the proposed rezoning request, by a vote of 7-0,
subject to the following:
1. No cross access between the Lakes of Prosper North and the subject tract, and Developer,
in a development agreement, agrees to pay for the costs of right-of-way abandonment for that
right-of-way currently reflecting cross access between the Lakes of Prosper North and the
subject tract;
2. Building materials and the prohibition of non-family friendly business establishments shall be
included in a development agreement;
3. Developer shall endeavor to maintain an 8 foot fence, board-on-board with a cap, on the north
side of the Lakes of Prosper North subdivision; and
4. Only one story structures are allowed within 84 feet of the south property line of Tract 2.
An ordinance has been prepared accordingly, and a Development Agreement is on the May 25,
2021, Town Council agenda for consideration.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Ordinance Exhibits
Prosper is a place where everyone matters.
PLANNING
Page 26
Item 9.
Page 2 of 2
Town Staff Recommendation:
Staff recommends the Town Council approve an ordinance amending Planned Development-69
(PD-69), on 74.3± acres, generally to amend the residential tract to allow for non-residential uses,
located on the southeast corner of Dallas Parkway and Frontier Parkway.
Proposed Motion:
I move to approve an ordinance amending Planned Development-69 (PD-69), on 74.3± acres,
generally to amend the residential tract to allow for non-residential uses, located on the southeast
corner of Dallas Parkway and Frontier Parkway.
Page 27
Item 9.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 80.72 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-69 (PD-69) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-69 (PD-69); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Metten
Real Estate, L.P. (“Applicant”) to rezone 80.72 acres of land, more or less, situated in the Collin
County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below-described property containing 80.72 acres of
land, more or less, situated in the Collin County School Land Survey No. 12, 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-69
(PD-69). 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, subject to the following:
Page 28
Item 9.
Ordinance No. 2021-__, Page 2
1. No cross access between the Lakes of Prosper North and the subject tract, and
Developer, in a development agreement, agrees to pay for the costs of right-of-way
abandonment for that right-of-way currently reflecting cross access between the
Lakes of Prosper North and the subject tract;
2. Building materials and the prohibition of non-family friendly business establishments
shall be included in a development agreement;
3. Developer shall endeavor to maintain an 8 foot fence, board-on-board with a cap, on
the north side of the Lakes of Prosper North subdivision; and
4. Only one story structures are allowed within 84 feet of the south property line of Tract
2.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as
Exhibit “C”; 3) the conceptual development plan requirements, attached hereto as Exhibit “D”;
and 4) the development schedule, attached hereto as Exhibit “E”, which are incorporated herein
for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may
be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Page 29
Item 9.
Ordinance No. 2021-__, Page 3
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 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 25TH DAY OF MAY, 2021.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 30
Item 9.
OWNER: BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEMEXISTING ZONING: NOT ZONED (CITY OF CELINALAND USE: AGRICULTURALOWNER: TOM MOSEYEXISTING ZONING: C-1 (RETAIL)LAND USE: AGRICULTURALLAKES OF PROSPER NORTH PHASE 2EXISTING ZONING: SF-10 (SINGLE FAMILY)LAND USE: RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TREJAX, LPEXISTING ZONING: CC (COMMERCIAL CORRIDOR)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TOWN OF PROSPER
EXISTING ZONING: A (AGRICULTURAL)
LAND USE: SCHOOL
FUTURE LAND USE: MED DENSITY RESIDENTIAL
OWNER: TEXAS REPUBLIC REALTY, LTDEXISTING ZONING: C (COMMERCIAL)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICT
APPROX 2,705' TO CR51APPROX 5,850' TO LEGACYAPPROX 4,025' TOPROSPER TRCALLED 6.034 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL 5772, PG 2404O.P.R.C.C.T.PERMANENTRIGHT-OF-WAYPERMANENTDRAINAGE EASMENTFRONTIER PARKWAYDALLAS PARKWAYTRACT 1EXISTING ZONING: PD-69 (BASE ZONING - R)LAND USE: AGRICULTURALGROSS AREA:1,532,076.52 SF | 35.17 ACNET AREA:1,165,147.71 SF | 26.75 ACCOMMERCIAL COLLECTOR ROAD
622
624
626
628
630
632
620
S89°18'17"W2457.03'N0°45'03"W 1325.54'
S0°09'51"W 1323.33'POBN89°21'20"E2665.09'TRACT 2EXISTING ZONING: PD-69 (BASE ZONING - SF-12.5)LAND USE: AGRICULTURALGROSS AREA:1,983,481.83 | 45.55 ACNET AREA:1,854,383.38 | 42.57 ACN0°52'03"W120.37'N89°10'03"E951.46'N89°26'37"E1515.03'S0°09'56"W70.03'S89°26'34"W29.93'N84°31'47"W100.00'S89°26'34"W1384.64'S86°34'24"W239.17'S89°12'34"W418.71'S44°13'50"W71.48'S0°52'03"E49.48'N89°12'34"E469.21'N86°34'24"E239.17'N89°12'34"E242.79'N89°26'34"E1379.17'S84°31'47"E100.00'N89°26'34"E33.94'N0°09'56"E100.01'DATENo.REVISION BYDATE:SHEETFile No.01/10/2020CHECKED:MAMDRAWN:MAMDESIGN:MAMMETTEN PROSPER
PROSPER, TEXAS 75078
1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572
COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992016-XXXPRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-ACOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:KIMLEY HORNE & ASSOCIATES5750 GENESIS COURT, STE 200FRISCO, TX 75034PH: 972.335.3580METTEN REAL ESTATE, LP4872 NASHWOOD LANEDALLAS, TX 75244 CASE # : Z20-0026CONTACT NAME: MATT MOORECONTACT NAME: FRANK ABBOTABS A0147 COLLIN COUNTY SCHOOL LAND #12SURVEY, SHEET 1, TRACT 35, 74.336 ACRESPROSPER, TX 75078TRACT 1:EXISTING ZONING: PD-69 (BASE -R) (35.17 AC)PROPOSED ZONING: PD-69TRACT 2:EXISTING ZONING: PD-69 (BASE SF-12.5) (45.55 AC)PROPOSED ZONING: PD-69ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: CHRISTIAN METTENSITENVICINITY MAPN.T.S.DALLAS PKWY
FRONTIERW PROSPER TRAILN COLEMANCOOK LN 5051THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FORILLUSTRATION PURPOSES ONLY AND DO NOT SET THE ALIGNMENT. THEALIGNMENT WILL BE DETERMINED AT THE TIME OF FINAL PLATTHOROUGHFARE NOTEPage 31Item 9.
Z20-0026
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
The subject Tract 1 is currently zoned PD-69-Retail and tract 2 is currently zoned PD-69-SF
12.5. The purpose of the planned development is to create retail and office uses which are
consistent with the Town’s Comprehensive Plan for the overall tract. It is intended to utilize the
Town’s base standards and incorporate some additional uses and criteria which will better
position the proposed development due to proximity to the future Tollway.
Page 32
Item 9.
Z20-0026
EXHIBIT C
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning and Subdivision Ordinances: Except as otherwise set forth
in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or
may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply.
Tract 1 & Tract 2 Retail
A.General Description: The areas identified as Retail will provide the ability to
encourage and to accommodate the development of office and retail service
centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas shall develop under the
standards for the Retail District as contained within the Town of Prosper Zoning
Ordinance, as it exists or may be amended, subject to the specific provisions
contained herein below.
B.Permitted Uses: In addition to those permitted uses as allowed per the Retail
District of the Town of Prosper Zoning Ordinance, the following use shall be
permitted in the retail areas indicated on Exhibit “D”. Uses followed by an S are
only permitted by Specific Use Permit. Uses followed by a C are permitted subject
to the conditional standards in the Town’s Zoning Ordinance:
a.Hotels - C
b.Theater, Regional
c.Research & Development Center – S
d.Automobile Repair, Minor – In addition to conditional standards, shall not
be located within 230 feet of residentially zoned property
e.Automobile Parts Sales – Shall not be located within 230 feet of
residentially zoned property
f.Restaurant – In addition to conditional standards, shall not be located
within 230 feet of residentially zoned property.
g.Retail Shops and Stores – In addition to conditional standards, shall not
be located within 230 feet of residentially zoned property.
h.Convenience Store with Gas Pumps – Shall be prohibited within Tract 2.
Tract 1 shall be governed by the Conditional Standards of the Zoning
Ordinance as they exist or may be amended.
C.Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max.
FAR for all other buildings shall be 0.4:1.
D.Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a.The allowed height for Hotels, Office buildings, and Hospitals located
within the retail tract shall be eight (8) stories, not greater than one
hundred (100) feet. All other uses shall be limited to two (2) stories, not
greater than forty (40) feet.
b.Non-residential buildings located within one hundred fifty feet (150') of a
single- family zoned area shall be limited to a maximum height of two (2)
stories.
c.Non-residential buildings, which exceed two (2) stories in height, shall be
Page 33
Item 9.
required to have additional setbacks from single-family zoned areas.
These additional setbacks will require one foot (1') of setback, beyond the
aforementioned one hundred fifty feet (150'), for each additional foot of
building height above two (2) stories.
d. Only one-story structures are allowed within 84 feet of the south property
line of Tract 2.
E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot
area be covered by the combined area of the main buildings exceeding 2-stories.
Parking structures and surface parking facilities shall be excluded from the
coverage computations. Lot coverage is limited to forty percent (40%) excluding
parking and parking structures for all structures 2-stories and less.
I. All required detention areas shall be developed as an amenity with upgrades such
as landscaping, trees, trails, benches, etc., and constructed as a wet detention
pond (constant water level) with a fountain and/ or bubblers. The wet pond
requirement may be waived if in conflict with TCEQ regulations, other applicable
City/Town downstream water rights and/ or other applicable regulatory
requirements. Underground detention may be utilized within nonresidential
components of the Planned Development.
J. Landscaping:
a. A 30-foot landscape buffer shall be provided adjacent to residentially
zoned property.
b. Perimeter landscaping adjacent to residentially zoned property shall
consist of a double row of Nellie R Stevens Holly or Eastern Red Cedar
trees, or similar as approved by the Parks Department, planted on 15-foot-
centers, minimum of eight feet (8’) in height at the time of planting, in
addition to canopy tees as require by the Zoning Ordinance.
i. The landscape buffer and associated planting shall be provided in
conjunction with the first development that occurs within Tract 2.
K. Screening:
a. Dumpster enclosures shall not be permitted within 100 feet of a
residentially zoned property for retail/restaurant uses.
b. An eight-foot (8’) ornamental metal fence shall be required along the east
property line for a minimum distance of 200 feet and commencing at the
southeast corner of the subject property.
i. The ornamental metal fence shall be provided in conjunction with the
first development that occurs within Tract 2.
L. Access:
a. Cross-access from Tract 2 shall not be required to the southern adjacent
property.
Page 34
Item 9.
Z20-0026
Exhibit D
Conceptual Development Plan
Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a Preliminary
Plat, a Conceptual Development Plan shall be submitted, receive a recommendation from the
Planning & Zoning Commission and be approved by the Town Council. This Conceptual
Development Plan shall only be required for the general area within which development is to
occur. This general area shall be bounded by thoroughfares, ownership lines, creek ways or
other physical barriers that define a geographic boundary that separates the area of interest from
other parcels.
Site Plans and and/or Plats submitted for the development within the PD District shall conform
to the data presented and approved on the Conceptual Development Plan. Changes of detail
on these final development plan(s) that differ from the Conceptual Development Plan may be
authorized by the Planning & Zoning Commission, with their approval of the final development
plan(s) and without public hearing, if the proposed changes do not:
1) alter the basic relationship of the proposed development to adjacent property,
2) alter the uses permitted,
3) increase the density,
4) increase the building height,
5) increase the coverage of the site,
6) reduce the off-street parking ratio,
7) reduce the building lines provided at the boundary of the site, or
8) significantly alter any open space plans
If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or
more of the above eight (8) criteria, then a public hearing must be held to adequately amend the
PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final
development plan(s).
Page 35
Item 9.
Z20-0026
EXHIBIT E
DEVELOPMENT SCHEDULE
With the impending improvements to Frontier Parkway and the Dallas North Tollway, it is
anticipated that the development schedule will accelerate in the next couple of years. It is
believed the development will occur in the next 2-5 years.
Page 36
Item 9.
Page 1 of 2
To:
Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – May 25, 2021
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between Metten Real Estate, L.P., and the Town of Prosper, Texas, related to development at the
southeast corner of Dallas Parkway and Frontier Parkway.
Description of Agenda Item:
On April 27, 2021, the Town Council approved a zoning request Z20-0026 by a vote of 7-0, subject
to the following:
1. No cross access between the Lakes of Prosper North and the subject tract, and Developer,
in a development agreement, agrees to pay for the costs of right-of-way abandonment for that
right-of-way currently reflecting cross access between the Lakes of Prosper North and the
subject tract;
2. Building materials and the prohibition of non-family friendly business establishments shall be
included in a development agreement;
3. Developer shall endeavor to maintain an 8 foot fence, board-on-board with a cap, on the north
side of the Lakes of Prosper North subdivision; and
4. Only one story structures are allowed within 84 feet of the south property line of Tract 2.
A Development Agreement has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Development Agreement
2. Exhibit A-Property Description
Prosper is a place where everyone matters.
PLANNING
Page 37
Item 10.
Page 2 of 2
Staff Recommendation:
Staff recommends the Town Council authorizing the Town Manager to execute a Development
Agreement between Metten Real Estate, L.P., and the Town of Prosper, Texas, related to
development at the southeast corner of Dallas Parkway and Frontier Parkway.
Proposed Motion:
I move to authorizing the Town Manager to execute a Development Agreement between Metten
Real Estate, L.P., and the Town of Prosper, Texas, related to development at the southeast corner
of Dallas Parkway and Frontier Parkway.
Page 38
Item 10.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and Metten Real Estate, L.P., a Texas
Limited Partnership (“Owner”) (individually, a “Party” and collectively, the “Parties”) to be
effective (the “Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Owner is developing an approximate 74.3-acre tract in the Town (the
“Property”), a legal description of which is attached hereto as Exhibit A and incorporated
by reference; and
WHEREAS, a portion of the foregoing Property (identified as Tract 2) was rezoned
by the Town Council on or about April 27, 2021, and this Agreement seeks to incorporate,
in part, the negotiated and agreed upon development standards contained in the
underlying zoning ordinance, as may be amended, and/or this Development Agreement,
to recognize Owner’s reasonable investment-backed expectations in the Development,
as may be amended, and as more fully described herein; and
WHEREAS, subject to the terms of this Agreement, Owner agrees and
acknowledges that it will construct on the Property structures in accordance with the
provisions and standards reflected in this Agreement; and
WHEREAS, subject to the terms of this Agreement, Owner further agrees and
acknowledges that it will not lease, sell or otherwise permit or authorize on the Property
any business enterprises engaging in those businesses referenced in Section 2 below.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Development Standards. For any structure built on the Property following
the Effective Date, it shall comply with the applicable requirements contained in Exhibit
B, “Architectural Standards and Building Materials,” attached hereto and incorporated
herein. The Parties agree and acknowledge that the provisions of this Paragraph shall
apply to any structure constructed subsequent to the execution of this Agreement.
Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning
regulation duly adopted by the Town, previously or in the future.
2. Certain Business Establishments Prohibited. Owner agrees and
acknowledges that it will not lease, sell or otherwise permit or authorize on the Property
any of the following business establishments: (1) credit access businesses, as defined in
Texas Finance Code § 393.601, as amended, including but not limited to payday lending
Page 39
Item 10.
2
businesses, “cash for title” lenders, and credit services businesses, as defined in Texas
Finance Code § 393.001, as amended ); (2) body art facilities; (3) smoke or vape shops;
(4) any business entity that sells drug paraphernalia; (5) any business establishment
offering gaming or slot machines; (6) sex shops, including but not limited to business
entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8)
business entities which primarily utilize outdoor storage or displays. Additionally, as to
Tract 2 of the Property (legally described on Exhibit A attached hereto), Owner agrees
and acknowledges that it will not lease, sell or otherwise permit or authorize on the
Property a package liquor store, which for purposes of this Agreement is defined as any
business entity that is required to obtain a Package Store Permit (P) from the Texas
Alcoholic Beverage Commission for the off -premises consumption of alcohol. Nothing in
this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly
adopted by the Town, previously or in the future.
3. Cross Access Right-of-Way in Lakes of Prosper North; Fences. The
Parties agree and acknowledge that there exists public right -of-way extending from
Waterview Drive in the Lakes of Prosper North to Tract 2 of the Property and since no
cross access will be allowed from the Lakes of Prosper North to the Property, Owner has
agreed to assist the Lakes of Prosper North Homeowners Association, or other
responsible/affected parties, make application with the Town for the abandonment of said
right-of-way, and pay the costs associated with such abandonment. Further, Owner shall
endeavor to maintain an eight foot (8’) fence, board -on-board, with a cap, on the north
side of the Lakes of Prosper North subdivision.
4. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Owner and its heirs, representatives , successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other owners of the Property,
regardless of whether this Agreement is expressly referenced therein.
5. Applicability of Town Ordinances. Owner shall develop the Property, and
construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
6. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
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Item 10.
3
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
7. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Collin County, Texas.
8. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: Metten Real Estate, L.P.
4872 Nashwood Lane
Dallas, Texas 75244
Attention: Christian Metten
9. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
10. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
11. Waiver of Texas Government Code § 3000.001 et seq. With respect to
any and all Structures to be constructed on the Property pursuant to this Agreement,
Owner hereby waives any right, requirement or enforcement of Texas Government
Code §§ 3000.001-3000.005, as amended.
12. Time. Time is of the essence in the performance by the Parties of their
respective obligations under this Agreement.
Page 41
Item 10.
4
13. Third-Party Beneficiaries. Nothing in this Agreement shall be construed
to create any right in any Third-Party not a signatory to this Agreement, and the Pa rties
do not intend to create any third-party beneficiaries by entering into this Agreement.
14. Rough Proportionality. Owner hereby agrees that any land or property
donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is roughly
proportional to the need for such land and Owner hereby waives any claim therefor that
it may have. Owner further acknowledges and agrees that all prerequisites to such a
determination of rough proportionality have been met, and that any costs incurred
relative to said donation are related both in nature and exte nt to the impact of the
development referenced herein. Both Owner and the Town further agree to waive and
release all claims one may have against the other related to any and all rough
proportionality and individual determination requirements mandated by the United
States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny,
as well as any other requirements of a nexus between development conditions and the
provision of roadway services to the Property.
15. Exactions/Infrastructure Costs. Owner has been represented by legal
counsel in the negotiation of this Agreement and been advised or has had the
opportunity to have legal counsel review this Agreement and advise Owner, regarding
Owner’s rights under Texas and federal law. Owner hereby waives any requirement
that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the
Texas Occupations Code, to review and determine that the exactions required by the
Town are roughly proportional or roughly proportionate to the proposed development’s
anticipated impact. Owner specifically reserves its right to appeal the apportionment of
municipal infrastructure costs in accordance with § 212.904 of the Texas Local
Government Code; however, notwithstanding the foregoing, Owner hereby releases the
Town from any and all liability under § 212.904 of the Texas Local Government Code,
as amended, regarding or related to the cost of those municipal infrastructure
requirements imposed by this Agreement.
16. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
17. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either Party.
18. Authority to Execute. This Agreement shall become a binding obligation
on the Parties upon execution by all Parties hereto. The Town warrants and represents
that the individual executing this Agreement on behalf of the Town has full authority to
execute this Agreement and bind the Town to the same. Owner warrants and represents
Page 42
Item 10.
5
that the individual executing this Agreement on behalf of Owner has full authority to
execute this Agreement and bind Owner to the same. The Town Council hereby
authorizes the Town Manager of the Town to execute this Agreement on behalf of the
Town.
19. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County, Texas.
20. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
21. Notification of Sale or Transfer; Assignment of Agreement. Owner has
the right (from time to time without the consent of the Town, but upon written notice to the
Town) to assign this Agreement, in whole or in part, and including any obligation, right,
title, or interest of Owner under this Agreement, to any person or entity (an “Assignee”)
that is or will become an owner of any portion of the Property or that is an entity that is
controlled by or under common control with Owner. Each assignment shall be in writing
executed by Owner and the Assignee and shall obligate the Assignee to be bound by this
Agreement. A copy of each assignment shall be provided to the Town within ten (10)
business days after execution. Provided that the successor owner assumes the liabilities,
responsibilities, and obligations of the assignor under this Agreement, the assigning party
will be released from any rights and obligations under this Agreement as to the Property
that is the subject of such assignment, effective upon receipt of the assignment by the
Town. No assignment by Owner shall release Owner from any liability that resulted from
an act or omission by Owner that occurred prior to the effective date of the assignment.
Owner shall maintain true and correct copies of all assignments made by Owner to
Assignees, including a copy of each executed assignment and the Assignee ’s Notice
information.
22. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
23. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
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Item 10.
6
24. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
25. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
26. Amendment. This Agreement shall not be modified or amended except in
writing signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided to each Party, Assignee and successor owner
of all or any part of the Property; however, the failure to provide such copies shall not
affect the validity of any amendment.
27. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2021, by Harlan Jefferson, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 44
Item 10.
7
OWNER:
METTEN REAL ESTATE, L.P.
By: Metten Properties, Inc., a Texas
Corporation, General Partner
By: _____________________________
Name: __________________________
Title: ___________________________
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2021, by _______________ in his capacity as __________ of
_______________, known to be the person whose name is subscribed to the foregoing
instrument, and that he executed the same on behalf of and as the act of Owner.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 45
Item 10.
8
EXHIBIT A
(Property Description)
Page 46
Item 10.
9
EXHIBIT B
ARCHITECTURAL STANDARDS AND BUILDING MATERIALS
A. All exterior facades for a main building or structure, excluding glass windows and doors,
shall be constructed of one hundred (100%) percent masonry. Masonry Construction
constitutes clay fired brick, natural and manufactured stone, granite, and marble as
exterior construction materials for all structures. Other permitted exterior construction
materials for big box, institutional, and industrial structures are architectural concrete
block, tilt wall concrete panels, sealed and painted split faced concrete block, and high
impact exterior insulation and finish systems (EIFS). Stucco and High impact EIFS is only
permitted when installed a minimum of nine feet (9‘) above grade at the base of the wall
on which it is installed.
B. Secondary materials used on the façade of a building are those that comprise a total of
ten percent (10%) or less of an elevation area. Permitted secondary materials are all
primary materials, aluminum or other metal, cedar or similar quality decorative wood,
stucco and high impact exterior insulation and finish systems (EIFS).
C. No single material shall exceed eighty percent (80%) of an elevation area. A minimum of
twenty percent (20%) of the front façade and all facades facing public right-of-way shall
be natural or manufactured stone. A minimum of ten percent (10%) of all other facades
shall be natural or manufactured stone.
D. All buildings with a footprint of less than ten thousand (10,000) square feet and located
100 feet or less from a residential zoning district shall incorporate a pitched, gabled,
mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a six (6) in twelve
(12) inch minimum slope. All buildings with a footprint of less than ten thousand (10,000)
square feet and located 100 feet or greater from a residential zoning district shall
incorporate a pitched, gabled, mansard, hipped, or otherwise sloped roof, or a flat roof
with an articulated parapet wall or cornice. Wood shingles are prohibited. Composition
shingles are allowed provided they have architectural detail and a minimum 30-year life.
E. All buildings with a footprint of ten thousand (10,000) square feet and greater shall
incorporate sloped roof elements including, but not limited to pitched roofs on towers or
arcades, sloped awnings, sloped parapets. Flat roofs are permitted with an articulated
parapet wall or cornice in place of the required sloped roof elements. The sloped elements
shall be provided along a minimum of sixty percent (60%) of each wall’s length. All sloped
roof elements shall have a six (6) in twelve (12) inch minimum slope. Wood shingles are
prohibited. Composition shingles are allowed provided they have architectural detail and
a minimum 30-year life.
F. All buildings shall be designed to incorporate a form of architectural articulation every thirty
feet (30’), both horizontally along each wall’s length and vertically along each wall’s height.
Acceptable articulation may include the following:
Canopies, awnings, or porticos;
Recesses/projections;
Arcades;
Arches;
Page 47
Item 10.
10
Display windows, including a minimum sill height of thirty inches (30”);
Architectural details (such as tile work and moldings) integrated into the building
facade;
Articulated ground floor levels or base;
Articulated cornice line;
Integrated planters or wing walls that incorporate landscape and sitting areas;
Offsets, reveals or projecting rib used to express architectural or structural bays; or
Varied roof heights.
G. All buildings shall be designed to incorporate a form of window articulation. Acceptable
articulation may include the following:
Detailed/patterned mullions
Glass depth from wall min. 8”
Projected awnings/sunshades
Water table in lieu of floor to ceiling glass
Articulated lintel (i.e. soldier course in brick or material change EIFS or cast stone with
min. ½” projection)
Articulated sill (i.e. soldier course in brick or material change EIFS or cast stone with
min. ½” projection)
Cast stone surrounds on entire window
H. All buildings constructed primarily of brick shall incorporate a form of brick patterning.
Acceptable patterning may include those represented below, or similar subject to approval
by the Director of Development Services:
I. All buildings shall be architecturally finished on all four (4) sides with same materials,
detailing, and features except the rear if two (2) rows of trees are planted on the perimeter
behind the building. In this case, the architectural finish must match the remainder of the
building in color only. A double row of trees on offset fifty-foot (50’) centers in a fifteen-
foot (15’) landscape edge, where fifty percent (50%) of the trees are canopy evergreen
trees. This is for facades that are not visible from public streets and apply to a nchor
buildings and attached in line spaces only. This provision does not apply to “out” buildings
or pad sites.
J. Windows shall have a maximum exterior visible reflectivity of ten percent (10%). The
intent of this provision is to prevent the safety hazard of light reflecting from the windows
on to adjacent roadways.
K. All retail/commercial buildings with facades greater than two hundred feet (200’) in length
shall incorporate wall plane projections or recesses that are at least six feet (6’) deep.
Projections/recesses must be at least twenty-five percent (25%) of the length of the
facade. No uninterrupted length of facade may exceed one hundred feet (100’) in length.
This requirement does not apply to building developed and occupied entirely for office
uses.
L. All buildings within a common development shall have similar architectural styles,
materials, and colors.
M. All primary and secondary exterior building materials (exclusive of glass) shall be of
natural texture and shall be neutrals, creams, or other similar, non-reflective earth tone
Page 48
Item 10.
11
colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange,
yellow, blue, violet, or green are not permitted.
N. Corporate identities that conflict with the building design criteria shall be reviewed on a
case-by-case basis and approved by the Director of Development Services or his/her
designee.
O. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the
color of the building or an accent color. Natural metal finishes (patina) are an acceptable
alternative to paint.
Page 49
Item 10.
OWNER: BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEMEXISTING ZONING: NOT ZONED (CITY OF CELINALAND USE: AGRICULTURALOWNER: TOM MOSEYEXISTING ZONING: C-1 (RETAIL)LAND USE: AGRICULTURALLAKES OF PROSPER NORTH PHASE 2EXISTING ZONING: SF-10 (SINGLE FAMILY)LAND USE: RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TREJAX, LPEXISTING ZONING: CC (COMMERCIAL CORRIDOR)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TOWN OF PROSPER
EXISTING ZONING: A (AGRICULTURAL)
LAND USE: SCHOOL
FUTURE LAND USE: MED DENSITY RESIDENTIAL
OWNER: TEXAS REPUBLIC REALTY, LTDEXISTING ZONING: C (COMMERCIAL)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICT
APPROX 2,705' TO CR51APPROX 5,850' TO LEGACYAPPROX 4,025' TOPROSPER TRCALLED 6.034 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL 5772, PG 2404O.P.R.C.C.T.PERMANENTRIGHT-OF-WAYPERMANENTDRAINAGE EASMENTFRONTIER PARKWAYDALLAS PARKWAYTRACT 1EXISTING ZONING: PD-69 (BASE ZONING - R)LAND USE: AGRICULTURALGROSS AREA:1,532,076.52 SF | 35.17 ACNET AREA:1,165,147.71 SF | 26.75 ACCOMMERCIAL COLLECTOR ROAD
622
624
626
628
630
632
620
S89°18'17"W2457.03'N0°45'03"W 1325.54'
S0°09'51"W 1323.33'POBN89°21'20"E2665.09'TRACT 2EXISTING ZONING: PD-69 (BASE ZONING - SF-12.5)LAND USE: AGRICULTURALGROSS AREA:1,983,481.83 | 45.55 ACNET AREA:1,854,383.38 | 42.57 ACN0°52'03"W120.37'N89°10'03"E951.46'N89°26'37"E1515.03'S0°09'56"W70.03'S89°26'34"W29.93'N84°31'47"W100.00'S89°26'34"W1384.64'S86°34'24"W239.17'S89°12'34"W418.71'S44°13'50"W71.48'S0°52'03"E49.48'N89°12'34"E469.21'N86°34'24"E239.17'N89°12'34"E242.79'N89°26'34"E1379.17'S84°31'47"E100.00'N89°26'34"E33.94'N0°09'56"E100.01'DATENo.REVISION BYDATE:SHEETFile No.01/10/2020CHECKED:MAMDRAWN:MAMDESIGN:MAMMETTEN PROSPER
PROSPER, TEXAS 75078
1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572
COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992016-XXXPRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-ACOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:KIMLEY HORNE & ASSOCIATES5750 GENESIS COURT, STE 200FRISCO, TX 75034PH: 972.335.3580METTEN REAL ESTATE, LP4872 NASHWOOD LANEDALLAS, TX 75244 CASE # : Z20-0026CONTACT NAME: MATT MOORECONTACT NAME: FRANK ABBOTABS A0147 COLLIN COUNTY SCHOOL LAND #12SURVEY, SHEET 1, TRACT 35, 74.336 ACRESPROSPER, TX 75078TRACT 1:EXISTING ZONING: PD-69 (BASE -R) (35.17 AC)PROPOSED ZONING: PD-69TRACT 2:EXISTING ZONING: PD-69 (BASE SF-12.5) (45.55 AC)PROPOSED ZONING: PD-69ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: CHRISTIAN METTENSITENVICINITY MAPN.T.S.DALLAS PKWY
FRONTIERW PROSPER TRAILN COLEMANCOOK LN 5051THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FORILLUSTRATION PURPOSES ONLY AND DO NOT SET THE ALIGNMENT. THEALIGNMENT WILL BE DETERMINED AT THE TIME OF FINAL PLATTHOROUGHFARE NOTEPage 50Item 10.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – May 25, 2021
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, including Brookhollow Multifamily and
Fishtrap EST Non-Commercial Antennas.
Description of Agenda Item:
Attached are the Preliminary Site Plan and Site Plan that were acted on by the Planning & Zoning
Commission at their May 18, 2021, meeting. Per the 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. Preliminary Site Plan for Brookhollow Multifamily
2. Site Plan for Fishtrap EST Non-Commercial Antennas
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 51
Item 11.
40019BURIED FIBER OPTIC715.96
40020BURIED FIBER OPTIC718.11
40021BURIED FIBER OPTIC717.74
40022BURIED FIBER OPTIC717.59
40023BURIED FIBER OPTIC717.29
40024BURIED FIBER OPTIC717.26
40025POWER POLE717.27
40027FIRE HYDRANT717.59
40029TOP OF NUT TOP SILT714.90
40030LIGHT POLE717.10
40031GUY WIRE717.16
40162BURIED FIBER OPTIC ATT723.34 40163BURIED FIBER OPTIC ATT717.91 40164BURIED FIBER OPTIC ATT715.29
40237POWER POLE708.88
WMK40238
704.82
40252POWER POLE717.19
TV40358TIME WARNER716.20
W50057745.89
WMK500589724425405 NORTH TEXAS MUNICIPLE WATER DISTRICT744.99
WMK50060NTMWD 9724425405744.55
50062FIRE HYDRANT745.1850063TOP OF NUT744.06
FMK
50070FIBER MARKER 8662362824741.63
FMK
50083FIBER MARKER 8003950440739.44
W50085WATER METER738.19
FMK
50137FIBER MARKER TEST STATION NO INFO731.74
FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
NGNGNGNGNGNGNGNGNGNGGMK
40573
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NG NGNGNGNGNGNGX X X X
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W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W
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W WW20' PERMANENT WATERLINE EASEMENT
NORTH TEXAS MUNICIPAL WATER DISTRICT
VOL. 5741, PG. 37, D.R.C.C.T.EX. 20' WATERLINE EASEMENTC.C.C.I. NO 20060622000859310, O.P.R.C.C.T.WMK50481721.50
W50545WATER METER726.66
FMK
50573FIBER MARKER 8662362824728.39
50574ELEC VAULT728.4350575ELEC VAULT727.98
50576ELEC VAULT728.10
50577ELEC VAULT728.54
10204LIGHT POLE730.11
10205LIGHT POLE755.10
10206LIGHT POLE740.76
10207LIGHT POLE719.53
10208LIGHT POLE718.28
10209LIGHT POLE719.77
X X X X X X X X X X XXXXXXXXXXXXXXXXXXX41456FIRE HYDRANT726.30
41470ELEC BOX COSERV ELECTRIC 18002744014734.39
FMK
41471FIBER MARKER SBC734.58
JCT 2478 SIGN
GMK
41483ATMOS 18663228667734.97
W41537WATER METER738.50
41539ELEC BOX NO INFO737.13
S
G41590GAS VALVE738.08
W41592738.32
41593TOP OF NUT736.99
GMK41648ATMOS 18663228667739.98
SW41718WATER METER742.97
W41719WATER METER743.40
41721ELEC VAULT TIME WARNER743.08
41722ELEC VAULT742.85
41723ELEC VAULT742.8641724ELEC VAULT +743.09
41729FIRE HYDRANT741.81
S
41805FIRE HYDRANT717.56
W41806
718.13
41808TOP OF NUT715.71
NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG
E E E E E E E E E E E E E E E E E E
FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO
FOFOFOFOFOFOFOFOFO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO
FO FO FO FO FO FO FO
S
CALLED: 0.1687 ACRESTHE STATE OF TEXAS
"PARCEL 22 - PART 3"VOL. 3432, PG. 197, D.R.C.C.T.
CALLED: 0.4107 ACRES
THE STATE OF TEXAS"PARCEL 22 - PART 2"
VOL. 3432, PG. 197, D.R.C.C.T.
CALLED: 0.0585 ACRESTHE STATE OF TEXAS
"PARCEL 22 - PART 1"VOL. 3432, PG. 197, D.R.C.C.T.
EX. 20' WATER ESMT.
TO N.T.M.W.D.
VOL. 5668, PG. 4738, D.R.C.C.T.
EX. 20' WATER ESMT.
TO THE TOWN OF PROSPER
C.C.C.I. NO. 20060622000859320,
O.P.R.T.C.T.
EX. R.O.W. ESMT.
TO THE STATE OF TEXAS
VOL. 310, PG. 313,
D.R.C.C.T.
EX. 10' UTIL. ESMT.
C.C.C.I. NO. 2009-140,
O.P.R.C.C.T.EX. 30' FIRE LANE, ACCESS,DRAINAGE & UTILITY ESMT.C.C.C.I. NO. 2009-140,O.P.R.C.C.T.LOT 3, BLOCK A
PROSPER PLAZA
C.C.C.I. NO. 2009-140,
O.P.R.C.C.T.
CALLED: 15.685 ACRES
KROGER TEXAS, L.P.
C.C.C.I. NO. 20160527000664240,
O.P.R.C.C.T.
LOT 4, BLOC
K
A
PROSPER P
L
A
Z
A
C.C.C.I. NO.
2
0
0
9
-
1
4
0
,
O.P.R.C.C.T.
CALLED: 5.335 ACRES
PROSPER DETENTION, LLC
C.C.C.I. NO. 20160527000664250,
O.P.R.C.C.T.
(950,240 SQ. FT.)
21.8145 ACRES
LOT 1
BLOCK A
REMAINDER OF
CALLED: 84.983 ACRES
104 PROSPER, L.P.
C.C.C.I. NO. 2002-0185633,
O.P.R.C.C.T.
CALLED: 146.609 ACRES
310 PROSPER, L.P.
"TRACT TWO IN"
VOL. 5823, PG. 3462,
D.R.C.C.T.ATMOSATMOS
SBC
ATMOS
SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS
COSERV
COSERV
82300POWER POLE0.00
82301POWER POLE0.00
82302POWER POLE0.00
82303POWER POLE0.00
82307POWER POLE0.00
POWER POLE 82310POWER POLE0.00
82311POWER POLE0.00 82312POWER POLE0.00
82313POWER POLE0.00
82314POWER POLE0.00
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
82316POWER POLE0.00
82317POWER POLE0.00 82318POWER POLE0.00
AT&T
AT&T AT&T
AT&T
AT&T
TIME WARNER
AT&T
SWB ZAYOVAULT
AT&T
82321LIGHT POLE
82322LIGHT POLE
82323LIGHT POLE
82324LIGHT POLE
82325LIGHT POLE
E
E
E
E EEEE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E
E E E E E E
E
E
E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E12022727.86
ELEC
CABINET
4' BARBED WIRE FENCE
4' BARBED WIRE FENCE
RIP RAP
POND
UNIVERSITY BUSINESS
PLAZA SIGN
EX. 20' WATER ESMT.
TO THE TOWN OF PROSPER
C.C.C.I. NO. 20060622000859330,
O.P.R.T.C.T.
RIP RAP
RIP RAP
RIP RAPRIP RAPRIP RAP
UNIVERSITY DRIVE
(VARIABLE WIDTH PUBLIC R.O.W.
ALSO KNOWN AS U.S. HIGHWAY NO. 380)
SURFACE EL = 698.40'AT TIME OF SURVEYZONE "A"MAP NO. 48085C0255J, JUNE 2, 2009ZONE "X"ZONE "A"MAP NO. 48085C0255J, JUNE 2, 2009ZONE "X"LOT 2 LOT 3
(62,684 SQ. FT.)
1.4390 ACRES
(83,782 SQ. FT.)
1.9234 ACRES
FUTURE COMMERCIAL
PAD SITE
APPROX. LOCATION
FLOODPLAIN LINE
APPROX. LOCATION
FLOODPLAIN LINE
APPROX. LOCATION
FLOODPLAIN LINE
DRAINAGE &
FLOODPLAIN ESMT.
DRAINAGE &
FLOODPLAIN ESMT.
DRAINAGE &
FLOODPLAIN ESMT.
FUTURE COMMERCIAL
PAD SITE
ZONING: MIXED USE (M)
PD-86
ZONING: RETAIL (R)
PD-76
ZONING: MIXED USE (M)
PD-86
ZONING: RETAIL (R)
PD-76
ZONING: RETAIL (R)
PD-76
N88°51'52"E ~ 401.51'
N88°51'49"E ~ 566.03'155.24'151.92'307.46'N00°42'25"W ~ 1,025.83'N89°17'35"E ~ 1,192.37'S08°03'15"W ~ 248.46'S27°08'31"W ~ 359.64'S10°56'34"E ~ 462.71'S89°30'20"W ~ 755.54'
L2C2C3
C4C5C6L6L7
L8
-.25"-1.5"M35' D
IAMETER
-4"M2M1M29 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR9 MB/2 PAR
LUXER PARCEL SYSTEM
9 MB/2 PAR
9 MB/2 PAR9 MB/2 PAR9 MB/2 PAR9 MB/2 PAR9 MB/2 PAR9 MB 9 MB 9 MB 9 MB
LUXER PARCEL SYSTEM
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR9 MB/2 PAR9 MB/2 PAROUT
TRASH ZONE "X"-.25"
POOL
SECONDARY
COURTYARD
OPEN SPACE
EX. HOODED LEFT
PROPOSED FULL TURNING
MOVEMENTHOODED LEFTFULL TURNING
MOVEMENT -1.5"M35' D
IAMETER
-4"M2M1M29 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR9 MB/2 PAR
LUXER PARCEL SYSTEM
9 MB/2 PAR
9 MB/2 PAR9 MB/2 PAR9 MB/2 PAR9 MB/2 PAR9 MB/2 PAR9 MB 9 MB 9 MB 9 MB
LUXER PARCEL SYSTEM
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR
9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR 9 MB/2 PAR9 MB/2 PAR9 MB/2 PAROUT
TRASH
25' BLDG SETBACK
25' BLDG SETBACK
DOG PARK
BLDG 1
64-UNITS
3-STORY
BLDG 4
86-UNITS
3-STORY
BLDG 2
10-UNITS
2-STORY
BLDG 3
10-UNITS
2-STORY
BLDG 5
10-UNITS
2-STORY
BLDG 6
10-UNITS
2-STORY
BLDG 7
10-UNITS
2-STORY
BLDG 8
10-UNITS
2-STORY
BLDG 11
10-UNITS
2-STORY
BLDG 10
10-UNITS
2-STORY
TYPE A TYPE ATYPE B
TYPE B
TYPE CTYPE CTYPE CTYPE C
BLDG 9
70-UNITS
3-STORY
MAINT. BLDGMAIL BLDG 12' RIGHT TURN LANE12' TURN LANE12' TURN LANE26' F.A.D.U. ESMT. (BY SEPARATE DOCUMENT) F.A.D.U. ESMT. (BY SEPARATE DOCUMENT)TEMP. CONS. EASEMENT
(BY SEPARATE DOCUMENT)
12' RIGHT TURN LANE
25' BLDG SETBACK 15' BDLG SETBACK 15' LANDSCAPE SETBACK 25' BLDG SETBACK 25' LANDSCAPE SETBACK 25' BLDG SETBACK
15' BDLG SETBACK 15' LANDSCAPE SETBACK12' TURN LANE12' TURN LANE25' LANDSCAPE SETBACK
25' LANDSCAPE SETBACK
25' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK
25' LANDSCAPE SETBACK
30' WATER ESMT.
OWNER:310 PROSPER LP
OWNER:PROSPER DETENTION LLC
OWNER: KROGER TEXAS LP
OWNER: KROGER TEXAS LP
OWNER: 104 PROSPER, L.P.
WTR. ESMT.ADA RAMP TYP.ADA RAMP TYP.ADA RAMP TYP.ADA RAMP TYP.ADA RAMP TYP.ADA RAMP TYP.TRASH
LOADING
AREA
TRASH
LOADING
AREA
TRASH
LOADING
AREA
TRASH
LOADING
AREA
RESIDENT ENTRY/EXIT
& EMERGENCY ACCESS
ONLY
ENTRY/EXIT
GATES
26' F.A.D.U. ESMT.
26' F.A.D.U. ESMT.
26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK5' SIDEWALK
5' SIDEWALK
5' SIDEWALK
5' SIDEWALK
4' SIDEWALK
5' SIDEWALK 5' SIDEWALK
AMENITY AREA
LEASING OFFICE
6' METAL FENCE METAL FENCE6' METAL FENCE6' METAL FENCE6' MASONRY WALL
6' METAL FENCE
26' F.A.D.U. ESMT.
26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.701'693'694'695'696'697'698'699'700'701'702'703'704'705'706'707'708'709'693'694'695'696'697'698'699'700'701'709'
710'
711'
712'
713'
715'
714'
713'
712'
711'
710'
709'708'707'706'705'7
0
4
'
703'
693'
694'
695'
696'
697'698'699'700'701'702'703'704'705'
706'
707'
708'
5' SIDEWALK
5' SIDEWALK6' CONCRETE FLUMEBENCH
BENCH
TRASH
ROOM
TRASH
ROOM
TRASH
ROOM LOCATION OFDETENTION POND BOTTOM: ±693'TOP: ±701'100-YR WSEL: ±699.75
TRASH
ROOM
TRASH
ROOM
SS ESMT.
F.A.D.U. ESMT.
5'x5' W.E.
5'x5' W.E.10'x10' W.E.5'x5' W.E.5'x5' W.E.
10'x10' W.E.
10'x10' W.E.
10'x10' W.E.
15'x20' W.E.
10'x10' W.E.
10'x10' W.E.
10'x10' W.E.
10' W.E.
10'x20' W.E.
10'x10' W.E.
5' W.E.
5' W.E.
10'x10' W.E.
10'x20' W.E.
TRASH
LOADING
AREA
C.I.
C.I.
C.I.
C.I.
C.I.
C.I.
C.I.
C.I.
C.I.C.I.
C.I.
C.I.
C.I.C.I.
C.I.
C.I.
C.I.
PEDESTRIAN
BRIDGE
DRAINAGE
EASEMENT
C.I.
DRAINAGE EASEMENT
VISITOR
CALLBOX
RETAINING WALLRETA
I
N
I
N
G
W
A
L
LRETAINING WALLRETAINING WALLRETAINING WALLEX. FH
6' MASONRY WALL
4' SIDEWALK
4' SIDEWALK
EX. FH
720
3'-6' BERMS
3'-6' BERMS
3'-6' BERMS
3'-6' BERMS 6956906907207207207207
1
5
7
1
0
705700735
730
730
725
10'x10' W.E.
10'x10' W.E.
7
3
5
7
4
0
730725725
72
0
71571070510' W.E.
10'x10' W.E.
10'x10' W.E.
C.I.
C.I.SS. ESMTSS ESMT.
SS. ESMT SS. ESMT SS. ESMTSS ESMT.
40' WATER AND SEWER ESMT.
SS ESMT.
WTR. ESMTWTR. ESMTWTR. ESMT
WTR. ESMT
WTR. ESMT WTR. ESMTWTR. ESMTWTR. ESMTWTR. ESMTWTR. ESMT WTR. ESMT WTR. ESMT WTR. ESMTWTR. ESMTW.M.
15' W.E.
WTR. ESMTWTR. ESMT
WTR. ESMTWTR. ESMTC.I.SS. ESMT30' WATER ESMT.
RETAINING WALL
50' UTILITY EASEMENT 50' UTILITY EASEMENT
50' UTILITY EASEMENT 50' UTILITY EASEMENT
702'701'714'
GRILLING AREA
W SEATING
DOG PARK
EXISTING
TREE
LINE
70
5
'71
0
'
715'
5'x5' W.E.RETAINING WALLRETAINING WALLRETAINING WALL
SEE ADD. DEV. NOTE #1 SEE ADD. DEV. NOTE #1
SEE ADD. DEV. NOTE #1
SEE ADD. DEV. NOTE #1
SEE ADD. DEV. NOTE #2
SEE ADD. DEV. NOTE #2
COORDINATING W/
TxDOT TO INSTALL
FULL MEDIAN OPENING
US 380 US 380N CUSTER RDN CUSTER RDCOUNTY ROAD 858
RED BUD DRIVELINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
BEARING
S74°34'20"W
N75°33'54"W
S74°34'20"W
S89°29'37"W
N67°56'44"E
S68°01'30"W
S30°26'41"W
S18°27'13"W
DISTANCE
3.50'
48.83'
87.50'
178.07'
408.47'
150.52'
58.39'
54.28'
CURVE TABLE
CURVE
C2
C3
C4
C5
C6
RADIUS
311.35'
294.44'
288.50'
359.50'
240.50'
LENGTH
52.39'
29.56'
70.75'
129.76'
23.25'
CH BEARING
S19°26'54"E
N21°19'45"W
N11°22'07"W
N13°55'22"W
S21°29'38"E
CH LENGTH
52.32'
29.54'
70.57'
129.06'
23.24'P:\PR59210\Cadd\Models\Civil\C-SP0001.dwg 5/10/2021 11:22:56 AM Kyle MulveyPLOTTED: 5/10/2021 12:00:45 PM0 60' 120'
HORIZONTAL SCALE
SITE
LOCATION
TYPICAL BUILDING
ADJACENT PARKING SPACETYPICAL PARKING SPACE
TYPICAL BUILDING ADJACENT
ADA PARKING SPACE
LEGEND:
PROP. 26' FIRE LANE
8' CURB INLET
FIRE HYDRANT
4' JUNCTION BOX
3" WATER METER W/ VAULT
1" WATER METER
LANDSCAPE ISLAND
REMOTE FDC
LANDSCAPE BUFFER
BUILDING ENTRY/EXIT LOCATION
TOWN GENERAL NOTES:
1. DUMPSTERS & TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE.
3. OUTDOOR LIGHT SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE & SUBDIVISION
ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE.
6. BUILDINGS OF 5,000 S.F. OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED
BY THE FIRE DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED & CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS & BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) & WITH THE
REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL
12. ALL FENCES & RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN & ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL & SHALL CONFORM TO THE APPROVED FACADE
PLAN.
14. SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES & COLLECTORS & FIVE (5) FEET IN WIDTH ALONG
RESIDENTIAL STREETS, & BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.
15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING SERVICES
DEPARTMENT.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.
19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.
20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY
TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL
IMPACT FEES AND/OR PARKING REQUIREMENTS.
21. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE
PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT
MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE
PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE
PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING
PROPERTY SHALL BE NULL AND VOID.
PLAN GENERAL NOTES:
1. ALL FIRE LANES SHALL BE 26' FACE-TO-FACE UNLESS OTHERWISE NOTED. NON-FIRE LANE DRIVE AISLES SHALL BE 25' BACK-TO-BACK
UNLESS OTHERWISE NOTED.
2. ALL FIRE LANE INSIDE RADII SHALL BE 30' TO FACE OF CURB UNLESS OTHERWISE NOTED. NON-FIRE LANE DRIVE AISLE INSIDE RADII SHALL
BE 10' TO FACE OF CURB. UNLESS OTHERWISE NOTED.
3. ALL SITE SIGNAGE, TRANSFORMERS, AC CONDENSER AND SITE LIGHTING (E.G. LAMP MODEL, LOCATION, SIZE, HEIGHT, FOOT CANDLE
LEVEL, & ORIENTATION) SHALL CONFORM TO TOWN OF PROSPER STANDARDS.
4. ALL LANDSCAPING SHALL CONFORM TO THE TOWN OF PROSPER STANDARDS.
5. ALL SCREENING WALLS SHALL CONFORM TO THE TOWN OF PROSPER STANDARDS AND SPECIFICATIONS.
6. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE TOWN OF PROSPER CODE OF
ORDINANCES.
7. ANY REVISIONS TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID
CONFLICTS BETWEEN PLANS.
8. ALL DIMENSIONS SHALL BE TO THE FACE OF CURB.
ADDITIONAL DEVELOPMENT NOTES:
1. DEVELOPMENT WILL RESERVE 50 FT FOR EASEMENTS AND RELOCATION OF EXISTING TOWN AND NTMWD FACILITIES (AND UP TO 10 FT OF
ADDITIONAL RIGHT-OF-WAY NEEDS AS PART OF 50 FT NOT IN ADDITION TO) ON THE SOUTH SIDE OF THE MULTI-FAMILY DEVELOPMENT.
a. AREA WILL INCLUDE FUTURE BERMS, SLOPES UP TO 25%, FENCING (WITH COLUMNS), DIVIDED FIRELANE, PUBLIC WATERLINE, IRRIGATION,
SIGNAGE/SITE LIGHTING, ELECTRIC UTILITIES, GAS, AND MEANDERING (PRIVATE) SIDEWALK.
b. THOROUGHFARE LANDSCAPING SHALL BE REMOVED FOR PORTIONS THAT FOLLOW WITHIN PUBLIC EASEMENTS. (LANDSCAPING TO BE
CLUSTERED AND PLACED IN AREAS OUTSIDE OF EASEMENT AND WHERE NOT CONFLICTING WITH BUILDINGS. WHERE MINIMIZES NEED FOR
REMOVAL DURING UTILITY RELOCATION.)
2. DEVELOPMENT WILL DEDICATE A 30 FT WATER LINE EASEMENT ON NORTH SIDE OF PROPERTY FOR FORTHCOMING 42” WATER LINE.
a. PERIMETER LANDSCAPING SHALL BE WAIVED IN THIS AREA BUT SOME LANDSCAPING BE CLUSTERED IN AREAS OUTSIDE OF EASEMENT AND
WHERE NOT CONFLICTING WITH BUILDINGS.
b. PERIMETER SCREENING WALL (NORTH) AND 6' METAL FENCE (WEST) TO BE DEFERRED UNTIL AFTER CONSTRUCTION OF 42” WATER LINE.
c. AREA WILL INCLUDE SLOPES UP TO 25%, PUBLIC WATERLINE, IRRIGATION, AND PRIVATE SIDEWALK.
3. IN EXCHANGE FOR 30 FT EASEMENT ON NORTH SIDE TOWN WILL WAIVE WATER, IRRIGATION, AND WASTEWATER IMPACT FEES.
4. DEVELOPMENT WILL BE PROVIDED A WAIVER FROM WET POND REQUIREMENTS AND ALLOWED TO INSTALL A DRY DETENTION POND.
NOTE: APPROXIMATE RET.
WALL LIMITS ACTUAL LIMITS
OF RET. WALLS TO BE
DETERMINED
SITE DATA SUMMARY TABLE
LOT ZONING PROPOSED USE LOT AREA
FIRST FLOOR
BUILDING
AREA
TOTAL
BUILDING
AREA
UNIT COUNT BUILDING HEIGHT LOT
COVERAGE
FLOOR AREA
RATIO
REQD. PARKING
RATIO PARKING REQD.PARKING PROVD.
REQD. /PROV.
HANDICAP
PARKING
INTERIOR
LANDSCAPE
REQD.
INTERIOR
LANDSCAPE
PROVD.
IMPERVIOUS
AREA
OPEN
SPACE
REQD.
OPEN
SPACE
PROVD.
N/A N/A N/A SF AC SF SF TOTAL 1B 2B 3B
#1 (FT/ST) #4 (FT/ST) #9 (FT/ST)
#2,3,11,12
(FT/ST)
#5,6,7,8
(FT/ST)%N/A SPACES/UNIT
1B(1.5) 2B(2.0) 3B(2.5)TOTAL SURFACE TANDEM GARAGES TOTAL SPACES SF SF SF SF SF
-- PD-86 MULTI-FAMILY
950,240 21.81 182,240 388,353 300 123 149 28 44'/3 44'/3 44'/3 29'/2 29"/2 19 1:5 1.5, 2.0 & 2.5 185 298 70 553
427 (73%) 80 (14%) 80 (14%)587 12 8,680 14,400 413,500 284,182 489,909
4' SS MANHOLE
DISTANCE BETWEEN FULL TURN
MOVEMENT AND NEXT HOODED
TURN TO WEST ±613'
EXISTING FULL TURNING MOVEMENT
STORAGE = ±204'
TRANSITION = ±105'
PROPOSED TOPO
EXISTING TOPO
777
777
CASE No. D21-0008
GROUND MOUNTED AC PAD
TANDEM PARKING COUNT
1.5" & 2" WATER METER
Page 52
Item 11.
////////////////////UEUEOE&T OE&T OE&TOE&TOE&TOE&TOE&TOE&TOE&TOE&TOE&TOE&T
N
DATE
PRINTED
MOTOROLA
FRISCO, TX
FISHTRAP WT 4/20/21
5920 West William Cannon Drive,
Building 1, Suite 102
Austin, Texas 78749
www.enertechresources.com
EX1
0'50'50'25'
SCALE: 1" = 50'1 SITE PLAN
NEW ANTENNAS TO BE INSTALLED
ON EXISTING WATER TOWER
(ABOVE)
(REF. 1/ EX5)
1
EX2
NEW EQUIPMENT TO BE
INSTALLED INSIDE EXISTING
WATER TOWER COLUMN
(REF. 1/ EX3 & 1/EX4)
NEW GENERATOR AND FUEL
TANK WITHIN NEW GRAVEL
COMPOUND AREA
(REF. 1/ EX2)
EXISTING CONCRETE
ACCESS & PARKING AREA
EXISTING WROUGHT-IRON
PERIMETER FENCE
(TYP.)
FISHTRAP ROAD
CHAUCER DRIVEEXISTING
CONCRETE CULVERT
EXISTING
CONCRETE
ACCESS ROAD
EXISTING
SLIDING
ACCESS GATE
EXISTING
MAN GATE
EXISTING WOOD FENCE
(TYP.)
EXISTING CONCRETE
APRON
EXISTING
UNDEVELOPED
AREA
APPROXIMATE EDGE OF
EXISTING WATER TOWER
(ABOVE)
NEW 12'-0" WIDE CONCRETE
ACCESS ROAD WITH TURNAROUND
(APPROX. 55 LF)
NEW 200A, 120/240V, 1PH METER
AND FUSED DISCONNECT IN
NEMA 3R ENCLOSURE ON
EXTENDED UTILITY H-FRAME
EXISTING UTILITY
H-FRAME WITH CANOPY
ON CONCRETE PAD
EXISTING METER &
FUSED DISCONNECT
CONTRACTOR TO INSTALL NEW
UNISTRUT ON OPPOSITE SIDE
OF EXISTING H-FRAME
(MATCH EXISTING CONDITIONS)
ROUTE NEW 200A, 120/240V, 1PH SERVICE IN
EXISTING 2" UNDERGROUND CONDUIT TO NEW
200A ATS INSIDE EXISTING WATER TOWER COLUMN
(FINAL ROUTE TO BE VERIFIED)
(APPROX. 130 LF)
LEGEND
WROUGHT IRON FENCE
WOODEN FENCE
OVERHEAD ELECTRIC &
TELCO UTILITIES
UNDERGROUND
ELECTRIC UTILITY
//
OE&T
UE
EXISTING CONCRETE
SIDEWALK
(TYP.)
EXISTING UTILITY POLE
(TYP.)
EXISTING
CONCRETE
WALKWAY
EXISTING FIRE
HYDRANT
EXISTING PIPE
BOLLARD
(TYP.)
NOTES:
1. CONTRACTOR SHALL RELOCATE
EXISTING IRRIGATION LINE FOR
NEW DRIVEWAY AS REQUIRED.
2. CONTRACTOR SHALL RESTORE ALL
DAMAGED AREAS TO
PRE-CONSTRUCTION CONDITIONS.
Site Plan
D21-0045
Page 53
Item 11.
DATE
PRINTED
MOTOROLA
FRISCO, TX
FISHTRAP WT 4/20/21
5920 West William Cannon Drive,
Building 1, Suite 102
Austin, Texas 78749
www.enertechresources.com
EX2
0'10'10'5'
SCALE: 1" = 10'1 NEW DETAILED SITE PLAN
NEW LP TANK 10'-0" "NO SPARK SAFETY ZONE"
NEW 35KW LP GENERATOR ON
NEW CONCRETE FOUNDATION
NEW GPS ANTENNA MOUNTED
TO H-FRAME SUPPORT POST
(TYP. OF 2)
NEW 500 GAL LP TANK ON
NEW CONCRETE FOUNDATION
NEW GRAVEL SURFACING
(APPROX. 744 SQ. FT.)
NEW 6" WIDE CONCRETE MOW STRIP
(APPROX. 87 LF)
(TYP.)
EXISTING GRASS
SURFACING
(TYP.)
FIRST STAGE REGULATOR
VALVE ON SUPPORT POST
NEW PIPE BOLLARD
(TYP. OF 6)
(SPACED 4'-0" O.C.)
N
EXISTING WATER
TOWER BASE
(REF. 1/EX3)
EXISTING
CONCRETE MOW STRIP
EXISTING CONCRETE
TANK COLUMN WALL
NEW 12'-0" WIDE CONCRETE ACCESS
ROAD WITH TURNAROUND
(APPROX. 55 LF)
(RELOCATE EXISTING IRRIGATION
LINE AS REQUIRED)30'-0"(NEW COMPOUND AREA)5'-2"2'-10"7'-6"2'-9"4'-6"3'-9"4'-0"3'-0"2'-2"2'-6"
23'-6"
(NEW COMPOUND AREA)
4'-9"13'-6"9'-0"7'-0"
2'-8"
EXISTING CONCRETE
ACCESS & PARKING AREA
(CONTRACTOR SHALL CUT
INTO EXISTING CURB)
9'-6"7'-0"7'-0"4'-0"Site Plan
D21-0045
Page 54
Item 11.
N
DATE
PRINTED
MOTOROLA
FRISCO, TX
FISHTRAP WT 4/20/21
5920 West William Cannon Drive,
Building 1, Suite 102
Austin, Texas 78749
www.enertechresources.com
EX3
0'10'10'5'
SCALE: 1" = 10'1 EXISTING INTERIOR PLAN
EXISTING WATER
TANK VALVE SYSTEM
(TYP.)
EXISTING VERTICAL
CABLE SUPPORTS
UP TO CATWALK
EXISTING CLIMBING LADDER
WITH SAFETY CLIMB
EXISTING
CONCRETE FLOOR
(TYP.)
EXISTING 3'-0"
ACCESS DOOR
EXISTING WATER
PIPE VALVE SYSTEM
EXISTING
DRAINAGE GRATE
EXISTING
CABINET
EXISTING
CONCRETE TANK
COLUMN WALL
EXISTING
COMMUNICATION
STUB-OUTS
(TYP.)
EXISTING
DRAINAGE OUTFLOW
EXISTING
ELECTRICAL PANELS
(TYP.)
EXISTING 12'-0" WIDE
ROLL-UP DOOR
EXISTING
ELECTRICAL CONDUIT
(TYP.)
Site Plan
D21-0045
Page 55
Item 11.
N
EDATE
PRINTED
MOTOROLA
FRISCO, TX
FISHTRAP WT 4/20/21
5920 West William Cannon Drive,
Building 1, Suite 102
Austin, Texas 78749
www.enertechresources.com
EX4
0'10'10'5'
SCALE: 1" = 10'1 NEW INTERIOR PLAN
NEW 2-BAY EQUIPMENT CABINET
ANCHORED TO EXISTING
CONCRETE FOUNDATION
NEW 200A, 120/240V, 1PH
AUTOMATIC TRANSFER
SWITCH (ATS)
NEW 24" WIDE
ICE BRIDGE
(APPROX. 8 LF)
NOTES:
1. CONTRACTOR SHALL RESTORE ALL DAMAGED AREAS
TO PRE-CONSTRUCTION CONDITIONS.
2. COORDINATE ALL WATER TOWER PENETRATIONS WITH
FACILITY MANAGER PRIOR TO CONSTRUCTION START.
CONTRACTOR SHALL X-RAY THE AREA TO ENSURE ALL
STRUCTURAL REINFORCEMENT FOR THE WATER
TOWER WILL NOT BE DAMAGED. ALL PENETRATIONS TO
BE SEALED WITH SILICONE AND WEATHER-TIGHT
AFTER INSTALLATION.
3. CONTRACTOR TO INSTALL DRAIN UNDER CENTER OF
BOTH HVAC UNITS. CONTRACTOR TO SAW-CUT 1"
TRENCH IN EXISTING CONCRETE FLOORING FROM
DRAIN TO EXISTING DRAINAGE GRATE . CORE-DRILL
PENETRATION TO DRAINAGE GRATE. COORDINATE
WATER TOWER PENETRATION IN ACCORDANCE WITH
NOTE 2. RESTORE DAMAGED AREA IN ACCORDANCE
WITH NOTE 1.
NEW 200A,120/240V, 1PH
MAIN POWER PANEL
NEW HVAC CONDENSATE
DRAIN LINE
(APPROX. 18 LF)
(REF. NOTE 3)
NEW 200A, 120/240V, 1PH
NON- FUSED DISCONNECT
ON INTERIOR TANK WALL
ROUTE NEW 200A, 120/240V,
1PH ELECTRIC UTILITY
THROUGH EXISTING VACANT 2"
CONDUIT TO NEW JUNCTION
BOX
NEW JUNCTION BOX
(ABOVE)
ROUTE NEW 200A, 120/240V,
1PH ELECTRIC UTILITY ON
INTERIOR TANK WALL IN 2"
EMT
(APPROX. 10 LF)
Site Plan
D21-0045
Page 56
Item 11.
DATE
PRINTED
MOTOROLA
FRISCO, TX
FISHTRAP WT 4/20/21
5920 West William Cannon Drive,
Building 1, Suite 102
Austin, Texas 78749
www.enertechresources.com
EX5
SCALE: N.T.S.1 TOWER ELEVATION
NEW HP6-11 MICROWAVE DISH ON
NEW PIPE MOUNT (REF. NOTE 3)
ELEV: 219'-0" (RAD CENTER)
EXISTING GROUND ELEVATION
REF. 0'-0"
EXISTING CLIMBING LADDER
WITH SAFETY CLIMB
NEW
EQUIPMENT
CABINET
EXISTING 215'-0" WATER
TOWER
(REF. NOTE 1)
TOP OF EXISTING HAND RAIL
ELEV: 218'-7" AGL
TOP OF EXISTING TANK
ELEV. 215'-0" AGL
EXISTING
OBSTRUCTION LIGHTING
(REF. NOTE 1)NOTES:
1. THE ANTENNA STRUCTURE IS SHOWN
FOR GENERAL CONFIGURATION
PURPOSES ONLY. REFERENCE
STRUCTURAL ANALYSIS REPORT BY
ENERTECH RESOURCES, LLC; DATED
04/14/2021 FOR MORE INFORMATION.
2. ANTENNA CONFIGURATION IS
SUBJECT TO CHANGE. VERIFY
ANTENNA HEIGHT, DOWN TILT, AND
AZIMUTH WITH MOTOROLA RF
ENGINEER PRIOR TO INSTALLATION.
3. MICROWAVE DISHES AND MOUNTING
HARDWARE TO BE PROVIDED AND
INSTALLED BY MICROWAVE
PROVIDER. INSTALLATION AND
MOUNTING DETAILS FOR MICROWAVE
DISHES TO BE PROVIDED BY
MICROWAVE PROVIDER.
4. UNDER NO CIRCUMSTANCES SHALL
THE PROPOSED INSTALLATION
CAUSE DAMAGE TO OR INTERFERE
WITH THE STRUCTURE, CLIMBING
FACILITY, SAFETY CLIMB (IF PRESENT)
AND ANY OTHER LINES OR
EQUIPMENT ATTACHED TO THE
STRUCTURE.
5. EXISTING LOADING AT TOP OF
STRUCTURE OMITTED FOR CLARITY.
6. COORDINATE ALL WATER TOWER
PENETRATIONS WITH FACILITY
MANAGER PRIOR TO CONSTRUCTION
START. CONTRACTOR SHALL X-RAY
THE AREA TO ENSURE ALL
STRUCTURAL REINFORCEMENT FOR
THE WATER TOWER WILL NOT BE
DAMAGED. ALL PENETRATIONS TO BE
SEALED WITH SILICONE AND
WEATHER-TIGHT AFTER
INSTALLATION.
NEW
ICE BRIDGE
EXISTING 1ST PLATFORM
ELEV. 21'-0" AGL
EXISTING 2ND PLATFORM
ELEV. 41'-0" AGL
EXISTING CATWALK
ELEV. 148'-0" AGL
EXISTING 3RD PLATFORM
ELEV. 62'-0" AGL
EXISTING 4TH PLATFORM
ELEV. 83'-0" AGL
EXISTING 5TH PLATFORM
ELEV. 104'-0" AGL
EXISTING LADDER INSIDE
ACCESS HATCH
(REF. NOTE 1)
NEW COAX CABLES TO BE ROUTED
HORIZONTALLY ALONG CATWALK
TO EXISTING DRY RISER
NEW COAX CABLES TO BE
ROUTED VERTICALLY ON
EXISTING CABLE
SUPPORTS
(SPACED EVERY 5'-0" O.C.)
(TYP.)
NEW COAX CABLES TO BE
ROUTED VERTICALLY ON
EXISTING CABLE SUPPORTS
ON EXISTING DRY RISER WALL
NEW ATS
NEW MAIN PANEL NEW HVAC
CONDENSATE DRAIN
NEW COAX CABLES TO
NEW EXIT PORT IN DRY
RISER
(REF. NOTE 5)
NEW COAX CABLES MOUNTED TO
EXISTING HANDRAIL WITH
UNISTRUT AND SNAP-IN CLIPS AS
REQUIRED
(TYP.)
EXISTING GPS ANTENNA ON
MOUNT PIPE
ELEV: 221'-2" (ANTENNA BASE)
EXISTING 6TH PLATFORM
ELEV. 126'-0" AGL
NEW DS7C12P36U-D RX OMNI
ANTENNA ON NEW PIPE MOUNT
ELEV: 217'-0" (ANTENNA BASE)
(REF. NOTE 2)
NEW DS8M15PDDU-D TX OMNI
ANTENNA ON NEW PIPE MOUNT
ELEV: 217'-0" (ANTENNA BASE)
(REF. NOTE 2)
12'-0"
(MIN.)
TOP OF NEW ANTENNAS
ELEV: ±239'-0" (TO BE VERIFIED)
Site Plan
D21-0045
Page 57
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Dan Heischman, P.E., Assistant Director of Engineering Services – Development
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure Services
Re: Town Council Meeting – May 25, 2021
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Escrow Agreement
between BG-GBT Broadway & Preston LP, and the Town of Prosper, Texas, related to the
future construction of improvements on Broadway (FM 1193) to serve the Windmill Hill
development.
Description of Agenda Item:
As part of the obligations and construction of the Windmill Hill, Phase 1 development, BG-
GBT Broadway & Preston LP, two (2) deceleration lanes, one median opening, one left turn
lane, and perimeter sidewalk along Broadway (FM 1193) were required. The estimated costs
for the design and construction of the improvements is $141,137.12.
While the Town’s Thoroughfare and Circulation Design Requirements allows for the escrow
of the future improvements prior to final acceptance of the development, it does not allow the
escrow of these improvements to be delayed until after final acceptance. The developer has
recently completed Phase 1 of Windmill Hill and has submitted development plans for Phase
2 to the Town for review. Due to the ongoing development of the Windmill Hill development,
the developer has requested to defer payment of the Phase 1 escrow until final acceptance of
Windmill Hill, Phase 2.
The attached agreement obligates the developer to escrow the Phase 1 escrow
($141,137.12), prior to the final acceptance of Windmill Hill, Phase 2. In the event there are
cost overruns, the Town will work with the developer on approval and receipt of the additional
payment for the cost overruns. Any remaining escrow funds left after the Town has accepted
the improvements shall be returned to the developer, along with any interest that may have
accrued.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 58
Item 12.
Page 2 of 2
The proposed agreement to delay the receipt of escrow funds until the improvements are to be
constructed is similar to other Escrow Agreements the Town has entered into with PISD, Custer
Self Storage and Lighthouse Church.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
Windmill Hill Escrow Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute an
Escrow Agreement between BG-GBT Broadway & Preston LP, and the Town of Prosper,
Texas, related to the future construction of improvements on Broadway (FM 1193) to serve the
Windmill Hill development.
Proposed Motion:
I move to authorize the Town Manager to execute an Escrow Agreement between BG-GBT
Broadway & Preston LP, and the Town of Prosper, Texas, related to the future construction of
improvements on Broadway (FM 1193) to serve the Windmill Hill development.
Page 59
Item 12.
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Item 12.