2021-34 - R - Supporting US Highway 380 as a conrolled access Highway, Opposing any proposed alignment change 07.13.21 TOWN OF PROSPER, TEXAS RESOLUTION NO. 2021-34
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUPPORTING U.S. HIGHWAY 380 AS A CONTROLLED ACCESS
HIGHWAY; CONTINUE SUPPORTING THE TXDOT RECOMMENDED
ALIGNMENT AS PRESENTED ON MAY 6, 2019, FOR U.S. HIGHWAY 380
WITHIN THE CORPORATE LIMITS OF THE TOWN; STRONGLY OPPOSING
ANY PROPOSED ALIGNMENT CHANGE, INCLUDING THE NEW PROPOSED
GOLD OR BROWN ALTERNATIVE SEGMENT B ALIGNMENTS AS
PRESENTED IN TXDOT'S US 380 EIS SCHEMATIC 30% DESIGN AND WITHIN
THE CORPORATE LIMITS OF THE TOWN OF PROSPER; OPPOSING SAID
ALIGNMENTS BECAUSE THEY ARE IN CONFLICT WITH EXISTING AND
FUTURE DEVELOPMENT ALONG SAID ALTERNATIVES, AS MORE FULLY
DESCRIBED IN THIS RESOLUTION; FINDING THAT SAID ALIGNMENTS ARE
NOT CONSISTENT WITH THE TOWN'S THOROUGHFARE PLAN AND
CURRENT ALIGNMENT OF SAID ROADWAY; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since October 2018, the Texas Department of Transportation ("TxDOT") has
held numerous public hearings to consider the feasibility study of expanding U.S. Highway 380
in Collin County to a Limited Access Roadway, or more commonly referred to by TxDOT as a
Controlled Access Highway; and
WHEREAS, TxDOT's initial public meetings did not include a bypass option for U.S.
Highway 380 within the Town's corporate limits while later plans did include a bypass option
within the Town's corporate limits; and
WHEREAS, the Town of Prosper has adopted five (5) prior resolutions in support of the
current alignment of U.S. Highway 380 expanding to a Limited Access Roadway (LAR) within
the corporate limits of the Town; and
WHEREAS, the Town's Thoroughfare Plan, adopted after multiple public hearings and
intensive citizen input, depicts U.S. Highway 380 along its current route; and
WHEREAS, TxDOT presented the TxDOT Recommended Alignment for U.S. Highway
380 in Collin County at a public meeting on May 6, 2019; and
WHEREAS, the TxDOT Recommended Alignment for U.S. Highway 380 in the Town is
consistent with the current alignment of U.S. Highway 380 and the Town of Prosper's
Thoroughfare Plan.
WHEREAS, TxDOT finalized the US 380 Collin County Feasibility Study Final Report and
Implementation Plan in March 2020, including the Recommended Alignment for U.S. Highway
380 along the current alignment within the Town; and
WHEREAS, TxDOT held an Overall Project Update Meeting on October 12, 2020, and
then a more detailed Agency Scoping Meeting on October 29, 2020, for the U.S. Highway 380
Environmental Impact Study (EIS) from Coit Road to FM 1827 and at that time introduced Gold
and Brown Alternative Segment B Alignments within the Town limits; and
WHEREAS, in Resolution No. 2020-87, approved by the Town Council on or about
November 24, 2020, the Town Council specifically and explicitly opposed any alternative
Segment B alignments because they "negatively impact[ed] existing and planned future
developments in the Towns within the Town"; and
WHEREAS, in public meetings held by TxDOT in January and February, 2021, TxDOT
again showed the Gold or Brown Alternative Segment B Alignments, strong opposition to which
Alignments had been addressed and expressed by the Town in Resolution No. 2020-87; and
WHEREAS, thereafter, the Town was made aware of new, revised Gold or Brown
Alternative Segment B Alignments on May 3, 2021, when 30% Schematic Plans were presented
by TxDOT to the Town; and
WHEREAS, the Town hired an engineering consultant to assist in the review of the 30%
Schematic Plans, which comments were provided to TxDOT on May 28, 2021, regarding the
new Gold or Brown Alternative Segment B Alignments; and
WHEREAS, the new Gold or Brown Alternative Segment B Alignments are and remain
incongruent with all prior Resolutions adopted by the Town, including Resolution No. 2020-87,
as well as the Town's Thoroughfare Plan approved by Council; and
WHEREAS, the new Gold or Brown Alternative Segment B Alignments continue to
negatively impact both existing and planned future residential and commercial developments
within the Town, as more fully described herein and as previously outlined in all prior Resolutions
adopted by the Town; and
WHEREAS, the Town Council further declares its opposition to any alignment of U.S.
Highway 380 in the Town that is not consistent with the current alignment of U.S. Highway 380.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper, Texas, supports U.S. Highway 380 being a
Controlled Access Highway.
SECTION 3
The Town Council hereby continues to express its strong support for the TxDOT
Recommended Alignment presented by TxDOT at the May 6, 2019, Public Meeting and as
included within the U.S. 380 Collin County Feasibility Study Final Report completed in March 2020
for the section within the corporate limits of the Town of Prosper, thereby acknowledging that the
future expansion of U.S. Highway 380 will remain in its current alignment within the corporate
limits of the Town, consistent with the Town's Thoroughfare Plan.
Resolution No.2021-34,Page 2
SECTION 4
The Town Council expresses its strong opposition to any alignment that is not consistent
with the current alignment of U.S. Highway 380 in the Town.
SECTION 5
The new proposed Gold or Brown Alternative Segment B Alignments will result in a
controlled access highway that is closer in proximity than previous alignments to ManeGait and
the location on its property where activities are conducted for children and adults with disabilities
through the healing power of equine therapy.
SECTION 6
The new proposed Gold or Brown Alternative Segment B Alignments will result in a
controlled access highway that comes in close proximity to Founders Academy, a charter school
almost fully constructed and scheduled to open to students in August 2021.
SECTION 7
The new proposed Gold or Brown Alternative Segment B Alignments will result in a
controlled access highway that is within close proximity of a cemetery scheduled to begin
construction no later than August 2021.
SECTION 8
The new proposed Gold or Brown Alternative Segment B Alignments will result in a
controlled access highway that will bisect Ladera, an age-restricted senior community in the Town
scheduled to begin construction no later than October 2021.
SECTION 9
Moreover, the Town Council hereby expresses its strong opposition to any proposed
alignment consideration of the New Gold or Brown Alternative Segment B Alignments for U.S.
Highway 380 within the corporate limits of the Town of Prosper that are not consistent with the
Town's Thoroughfare Plan within the limits of the Town.
SECTION 10
The Town Council hereby directs Town staff not to coordinate with TxDOT or any other
entity related to the preservation of right-of-way for the expansion of U.S. Highway 380 as a
Controlled Access Roadway while there exist alternative options for U.S. Highway 380 within the
corporate limits of the Town of Prosper.
SECTION 11
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
Resolution No.2021-34,Page 3
SECTION 12
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 13TH DAY OF JULY, 2021.
Ray Smith, M yor
ATTE T:
OF PROS
Robyn B tle, Interim Town Se retary O "A
APPROVED AS TO FORM AND LEGALITY:
/U 190
Terrence S. Welch, Town Attorney TocN5
Resolution No.2021-34,Page 4