2022-12 - R - Support US 380 Controlled Access Hwy - Oppose Segment B 03.29.22TOWN OF PROSPER, TEXAS
RESOLUTION NO. 2022-12
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 PROPOSED GOLD
OR BROWN ALTERNATIVE SEGMENT B ALIGNMENTS AS PRESENTED
AND PART OF TXDOT'S U.S. 380 EIS PUBLIC MEETING ON MARCH 22, 2022,
VIRTUAL PUBLIC MEETING FROM MARCH 22 THROUGH APRIL 6, 2022,
AND THE SCHEMATIC 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;AND HARMFULLY DISRUPT THE COMMUNITY COHESION OF
PROSPER; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since October 2018, the Texas Department of Transportation ("TxDOT") has
held numerous public hearings and 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 six (6) 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 the Gold and Brown
Alternative Segment B alignments because they "negatively impact[ed] existing and planned
future developments within the Town"; and
WHEREAS, in Resolution No. 2021-34, approved by the Council on or about July 13,
2021, the Town Council again specifically and explicitly opposed new Gold or Brown alternative
Segment B alignments as presented by TxDOT on May 28, 2021, to the Town; and
WHEREAS, TxDOT held an in -person US 380 EIS Public Meeting on March 22, 2022,
from 5:30 to 7:30 pm to share the design of and optional alignments in Prosper and seek public
comment from the community; and
WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the
TxDOT Public Meeting are and remain incongruent with all prior Resolutions adopted by the
Town, including the most recent Resolutions No. 2020-87 and No.2021-34, as well as the
Town's Thoroughfare Plan approved by Council; and
WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the
TxDOT Public Meeting 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 Gold or Brown Alternative Segment B Alignments shown as part of the
TxDOT Public Meeting could significantly increase ground -level ozone that would impact at least
two (2) environmentally sensitive facilities, as more fully addressed in this Resolution, in conflict
with Air Quality guidelines promulgated by the North Central Texas Council of Governments;
and
WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the
TxDOT Public Meeting fully and wholly, harmfully disrupt the community cohesion of the Town
by disjoining a section of the Town's jurisdiction through the proposed rights -of -way take and
potential construction of the Segment B alignment; 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.
Resolution No. 2022-12, Page 2
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.
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 proposed Gold or Brown Alternative Segment B Alignments will result in a controlled
access highway within very close proximity to ManeGait Therapeutic Horsemanship
Rehabilitation Center (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 proposed Gold or Brown Alternative Segment B Alignments will result in a controlled
access highway that comes in close proximity to Founders Classical Academy (FCA), a charter
school that opened to students in August 2021, the residential communities of Wandering Creek,
Malabar Hills, Brookhollow East, Brookhollow Multi -Family, and Prosper ISD High School #3.
SECTION 7
The 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 Summer 2022.
SECTION 8
The 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 that is
currently under construction and anticipated to have homes by the end of the year.
SECTION 9
The proposed Gold or Brown Alternative Segment B Alignments could significantly
increase ground -level ozone that would impact at least two (2) environmentally sensitive facilities,
FCA and ManeGait, both of which serve children and/or individuals with disabilities and said
Alignments would be in conflict with Air Quality guidelines promulgated by the North Central Texas
Council of Governments (NCTCOG). Moreover, the Town Council strongly recommends that a
risk assessment related to ground -level ozone should be undertaken to determine compliance
with NCTCOG's regional initiative to reduce ozone emissions_
Resolution No. 2022-12, Page 3
SECTION 10
Moreover, the Town Council hereby expresses its strong opposition to any proposed
alignment consideration of the 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 11
Moreover, the Town Council hereby expresses its strong opposition to any proposed
alignment consideration of the Gold or Brown Alternative Segment B Alignments for U.S. Highway
380 within the corporate limits that fully and wholly harmfully disrupts the community cohesion of
the Town by disjoining a section of the Town's jurisdiction through the proposed rights -of -way
take and potential construction of the Segment B alignment_
SECTION 12
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 other than on its current alignment.
SECTION 13
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.
SECTION 14
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 29TH DAY OF MARCH 2O22.
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
r � '
Ray Smith, Payor
Resolution No. 2022.12, Page 4
SECTION 10
Moreover, the Town Council hereby expresses its strong opposition to any proposed
alignment consideration of the 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 11
Moreover, the Town Council hereby expresses its strong opposition to any proposed
alignment consideration of the Gold or Brown Alternative Segment B Alignments for U.S. Highway
380 within the corporate limits that fully and wholly harmfully disrupts the community cohesion of
the Town by disjoining a section of the Town's jurisdiction through the proposed rights -of -way
take and potential construction of the Segment B alignment_
SECTION 12
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 other than on its current alignment.
SECTION 13
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.
SECTION 14
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 29TH DAY OF MARCH 2O22.
Ray Smith, ayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2022-12, Page 4