20150811tcppTown of Prosper“a place where everyone matters”pyTown Council MeetingTown Council MeetingAugust 11, 2015g,
Town of Prosper“a place where everyone matters”Agenda Item 1.pyCall to Order/Roll Call.
Town of Prosper“a place where everyone matters”Agenda Item 2.pyInvocation, Pledge of Allegiance, and Pl d h T FlPledge to the Texas Flag.
Town of Prosper“a place where everyone matters”Salute to the Texas FlagpyHonor the Texas flag; I pledge allegiance to thee, dGdTexas, one state under God, one and indivisibleone and indivisible.
Town of Prosper“a place where everyone matters”Agenda Item 3.pyAnnouncements of recent and upcoming events.
Town of Prosper“a place where everyone matters”Agenda Items 4a-4cpy4a.Consider and act upon minutes from thefollowingTown Council meeting.(RB)gg• Regular Meeting – July 28, 20154b.Receive the June 2015 Financial Report.(CD)4c.Receive theQuarterlyInvestment Report.Qyp(CD)
Town of Prosper“a place where everyone matters”Agenda Items 4d-4epy4d.Consider accepting the submission of thecertified collection rate of 100 percent forFY 2015-2016.(HJ)4e.Consider and act upon an ordinanceestablishing the 2015 certified appraisalll()roll.(HJ)
Town of Prosper“a place where everyone matters”Agenda Items 4f-4gpy4f.Consider accepting submission of the 2015effective tax rate of $0.480591 per $100taxable value and the rollback tax rate of$0.524487 per $100 taxable value.4g.Consider and act upon a recommendationbhPDlbytheProsper EconomicDevelopmentCorporation for adoption of TaxAbatementPolicy2015(RW)AbatementPolicy2015.(RW)
Town of Prosper“a place where everyone matters”Agenda Items 4hpy4h.Consider and act upon an ordinanceamendingSection 12.09.004 "School TrafficgZones" of Chapter 12 "Traffic andVehicles" of the Town's Code ofOdibdif ithli itdOrdinancesbymodifyingthelimitsandhours of operation of such zones.(MR)
School School Hours School Zone HoursElementary Schools (all) 7:45 AM to 2:45 PM7:15 AM to 8:00 AM2:30 PM to 3:15 PMRogers Middle School 7:55 AM to 2:55 PM7:10 AM to 8:10 AM2:40 PM to 3:25 PMReynolds Middle School8:25 AM to 3:40 PM7:55 AM to 8:40 AMReynolds Middle School8:25 AM to 3:40 PM3:25 PM to 4:10 PMProsper High School 8:25 AM to 3:45 PM7:55 AM to 8:40 AM3:30 PM to 4:15 PM
Town of Prosper“a place where everyone matters”Agenda Items 4ipy4i.Consider and act upon whether to directstaff to submit a written notice of appealon behalf of the Town Council to theDevelopment Services Department,ttCh t4Sti15(C)(7)pursuanttoChapter4,Section1.5(C)(7)and 1.6(B)(7) of the Town’s ZoningOrdinanceregardingactiontakenbytheOrdinance,regardingactiontakenbythePlanning & Zoning Commission on anysiteplan orpreliminarysiteplan.(AG)ppyp()
Town of Prosper“a place where everyone matters”Agenda Item 5. pygCitizen’s CommentsThe public is invited to address the Councilon any topic. However, the Council is unabletditktitittodiscuss ortakeaction on anytopicnotlisted on this agenda. Please complete a“PublicMeetingAppearanceCard”andPublicMeetingAppearanceCardandpresent it to the Town Secretary prior to themeeting.
Town of Prosper“a place where everyone matters”Agenda Item 6.pygConduct a Public Hearing, and consider andtdii51actupon an ordinance rezoning5.1±acres,from Single Family-10 (SF-10) to PlannedDl t40(PD40)ltdthDevelopment-40(PD-40),locatedonthesoutheast and southwest corners of FishtrapRddWi dPk(Z150010)RoadandWindsongParkway.(Z15-0010).(JW)
Town of Prosper“a place where everyone matters”Agenda Item 7.pygConduct a Public Hearing, andiddtdifconsider andactupon an ordinancefora Specific Use Permit for a UtilityDi t ib ti /T i iF ilitDistribution/TransmissionFacility,on0.2± acres, located on the south side ofFi tSt t500±fttfthBNSFFirstStreet,500±feetwestoftheBNSFRailroad. The property is zonedPl dDl t67(PD67)PlannedDevelopment-67(PD-67).(S15-0004).(JW)
Town of Prosper“a place where everyone matters”Agenda Item 8.pygSubmission of the FY 2015-2016 ProposedBd tdBd tMbthTBudgetandBudgetMessagebytheTownManager.(HJ)
Town of Prosper“a place where everyone matters”Agenda Item 9.pygConsider and act upon a proposed FY 2015-2016ttt(HJ)2016propertytax rate.(HJ)
Town of Prosper“a place where everyone matters”Agenda Item 10.pygConsider and act upon scheduling PublicHithFY20152016PdHearingsontheFY2015-2016ProposedBudget.(HJ)
Town of Prosper“a place where everyone matters”Agenda Item 11.pygConsider and act upon scheduling PublicHifthFY20152016dtHearingsfortheFY2015-2016proposedtaxrate.(HJ)
Town of Prosper“a place where everyone matters”Agenda Item 12.pygConsider and act upon authorizing the TownMttF ilitUtili tiManagertoexecuteaFacilityUtilizationAgreement between the Town of Prosper,TdPYthStTexas, andProsperYouthSportsCommission (PYSC), related to use of theT’f ilitidi(MF)Town’sfacilities andservices.(MF)
Town of Prosper“a place where everyone matters”Agenda Item 13.pygConsider and act upon awarding Bid No.201542BtSt litSiLPltdt2015-42-BtoStarliteSign,LP,relatedtoconstruction services for the DecorativeMtSijtdth i iMonumentSigns project;andauthorizingthe Town Manager to execute a constructiontf(MR)agreementfor same.(MR)
Town of Prosper“a place where everyone matters”Agenda Item 14.pygDiscussion on proposed amendments to theZiOdidiitt dldZoningOrdinance regardingpermittedlanduses.(JW)
Use Comments Proposed AmendmentPShP itt d b i ht i thPitth lbPawn ShopPermitted by right in the Commercial and Industrial Districts. State Law requires the use to be permitted by right in atPermit the use only by right in the Industrial District.permitted by right in at least one zoning district.Payday Loans/Cash for Car titlesThese lending businesses meet the definition of aThese businesses should be regulated in Chapter 4Car titlesmeet the definition of a “Bank or Savings and Loan” and would be permitted by right in all nonresidential districtsbe regulated in Chapter 4, Business Regulations of the Town’s Code of Ordinances. The ordinance can containnon-residential districts. ordinance can contain criteria for the definition, registration, operation and location/minimum spacing of the businessesof the businesses.
Use Comments Proposed AmendmentAuto Repair, Major (BodyShops)Permitted by right in the Commercial and IndustrialPermit by right in the Industrial District andShops)Commercial and Industrial Districts and by SUP in the Downtown Commercial District. Industrial District and require SUP in the Commercial District to determine appropriateness of theappropriateness of the use. Remove ability to request SUP in the Downtown Commercial District.District.Outside Display, Incidental This use is not listed in the Zoning Ordinance. Permit by SUP in non-residential districts, with the exception of thethe exception of the Office, and Downtown Office Districts.RliClltiPitPittdbihtillCthibit thRecycling Collection Point (unmanned donation boxes)Permitted by right in all non-residential districts except the Downtown Office and Downtown RtilDitit ThCannot prohibit the use, but it is recommended to establish reasonable conditional development tddfthRetail Districts. These boxes tend to become unsightly.standards for the placement and operation of the donation boxes.
Use Comments Proposed AmendmentTrailer RentalPermitted by right in the Commercial, Commercial Corridor dI d ti lDi ti t dPermit by right in the Industrial District and iSUPithand Industrial Districts and permitted by SUP in the Retail District. Due to the open storage and display of the trailers, this use it itlthT’require SUP in the Commercial District.is not appropriate along the Town’s primary highways and thoroughfares.Ei t dP itt d b i ht i thP itb i hti thEquipment and Machinery Sales and Rental, MajorPermitted by right in the Commercial and Industrial Districts. Due to the open storage and display of the equipment and machinery, thi i t i t l thPermit by right in the Industrial District and require SUP in the Commercial District.this use is not appropriate along the Town’s primary highways and thoroughfares.Car Wash, Self-ServePermitted by right in the Commercial and Industrial Districts. Due to the noise-generating nature, Permit by right in the Industrial District and require SUP in the gg,the use should be evaluated by an SUP in the Commercial District.qCommercial District.
Use Comments Proposed AmendmentMotelsThese facilities are served by outside corridors and permitted byPermit by SUP in addition to conditionaloutside corridors and permitted by right with minimal conditional development standards in the Downtown Commercial, Commercial and Commercial Corridor Districts.to conditional development standards in the Downtown Commercial, Commercial and Commercial Corridorand Commercial Corridor Districts.and Commercial Corridor Districts.Residence HotelThese extended stay facilities have demonstrated the tendency toPermit by SUP in addition to conditionaldemonstrated the tendency to become long term transient housing. Permitted by right with minimal conditional development standards in the Commercial andto conditional development standards in the Downtown Commercial, Commercial and Commercial Corridorstandards in the Commercial and Commercial Corridor Districts and restricted to Preston Road, US 380 and DNT.and Commercial Corridor Districts.Automobile StoragePermitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the tthi tbPermit by right in the Industrial District and require SUP in the C ilDititopen storage, this use may not be appropriate along the Town’s primary highways and thoroughfares.Commercial District.
Use Comments Proposed AmendmentGeneralPermitted by right in thePermit by right in theGeneral Manufacturing/Industrial UsePermitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the industrial nature, the use may not be appropriate in the Commercial andPermit by right in the Industrial District and require SUP in the Commercial and Commercial Corridorappropriate in the Commercial and Commercial Corridor Districts.Commercial Corridor Districts.Flea Market, InsidePermitted by right in the Commercial District. Require SUP in the Commercial District.Fl M k tP itt d b SUP i th C i lDlt ittdFlea Market, OutsidePermitted by SUP in the Commercial District. Due to the nature of the use, it is not appropriate in Prosper.Delete as a permitted use.
Use Comments Proposed AmendmentVet Clinic and/or Kennel, OutdoorPermitted by right in the Commercial, Commercial CorridorPermit by right in the Industrial District andKennel, OutdoorCommercial, Commercial Corridor and Industrial Districts. Due to the nature of the outdoor facilities, the use may not be appropriate in certain locations.Industrial District and require SUP in the Commercial District.certain locations.Retirement HousingPermitted by right in the Townhome, Multifamily and the Mobile Home zoning districts. There is hesitancy to rezone any land to the Multifamily Require SUP in the Townhome and Multifamily Districts to regulate as an age-restricted District for a retirement housing product, since there is no guarantee the use will develop as such. development.
Use Comments Proposed AmendmentHelistopPermitted by SUP in the OfficeRequire SUP in the OfficeHelistop (Helicopter landing pad)Permitted by SUP in the Office, Commercial Corridor and Industrial District. A helistop may be appropriate and necessary for uses in the Retail and CommercialRequire SUP in the Office, Retail, Commercial, Commercial Corridor and Industrial Districts.in the Retail and Commercial Districts since hospitals are permitted in these districts.Landscape Nursery, Major Permitted by right in the Commercial and Commercial Corridor Districts. Due to the nature Require SUP in the Commercial and Commercial Corridor of the outdoor facilities, the use may not be appropriate in certain locations.Districts.
Use Comments Proposed AmendmentDance Hall“Dance Hall”is an antiquatedReclassify as aDance HallDance Hall is an antiquated term. Need to recognize and allow professional banquet facilities such as Noah’s Event Venue.“Dance Hall”currentlyReclassify as a “Meeting/Banquet Facility” and require SUP in the Retail, Downtown Commercial, CommercialVenue. Dance Hall currently permitted by SUP in the Downtown Commercial, Commercial and Commercial Corridor Districts.Commercial, Commercial and Commercial Corridor Districts.Corridor Districts. Furniture Restoration Permitted by right in the Commercial and Industrial Districts and requires SUP inPermit by right in all non-residential districts except for the Office andDistricts and requires SUP in the Downtown Commercial District. This is an enclosed use and does not pose adverse impactsfor the Office and Downtown Office Districts.adverse impacts.
Use Comments Proposed AmendmentGunsmith Antiquated term. Permitted by right in the RetailDelete the term since it can be considered as a retail establishmentin the Retail, DowntownCommercial, Commercial Corridor andretail establishment.Corridor and Industrial Districts Household Appliance Service and RepairAntiquated term. Permitted by rightReclassify as “Repair Service Indoor ” andand RepairPermitted by right in the Downton Retail, Retail, DowntownCommercialService, Indoor,” and permit by right in all non-residential districts except for Office and Downtown Office Districts NewCommercial, Commercial Corridor and Industrial Districts Office Districts. New definition would prohibit engine repair.
Use Comments Proposed AmendmentMortuary/ Funeral ParlorPermitted by right in the Downtown Commercial, Commercial CommercialRequire an SUP for cremation services.Commercial, Commercial Corridor and Industrial Districts. It is implied that that the use does not permit an onsite crematoryan on-site crematory. Restaurant or Cafeteria“Cafeteria” is an antiquated term A“Luby’s”or“Furr’s”Amend term to read, “Restaurant”Cafeteriaterm. A Luby s or Furr s is considered a restaurant.Restaurant.
Use CommentsProposed AmendmentBottling WorksAntiquated term. An operation that bottles beverages can be accommodated as a “General Manufacturing/Industrial Use.” Delete the termgAuto-related Uses and Restaurants with Drive-thru or Drive-in Services The “Development Requirements” of the Zoning Ordinance require that buildings and equipment associated with Note this requirement as a conditional use in the Use Chart. a d equ p e t assoc ated tthese uses be a minimum of 200 feet from a residential district. This requirement is often overlooked by the development teUseCatNo change regarding the permitted districts.ypcommunity in their research of the Zoning Ordinance.
Town of Prosper“a place where everyone matters”Agenda Item 15.pygDiscussion on proposed amendments to theFOdi(JW)FenceOrdinance.(JW)
A fence is defined as,•“Any construction or hedge of any ygymaterial, the purpose of which is to provide protection from intrusion (either ppphysical or visual) to prevent escape, mark a boundary, or provide decoration.y•A wall shall be considered a fence; •Restraining walls for the purpose of diverting water and retaining soil are not classified as a fence.”
Any fence located in the required front Any fence located in the required front yard of a lot in a residential zoning district shall have a minimum of fifty percent shall have a minimum of fifty percent (50%) through vision.
Possible Standards to Allow Low Walls in Front YardFront Yard•Manufactured of clay fired brick or natural or fdmanufactured stone•Max. height – 3 feet•Shall not be painted•Shall not be painted•Allow by right or consider on a case-by-case ygybasis•Other changes to the Fence Ordinance?
Town of Prosper“a place where everyone matters”Agenda Item 16.Executive SessionpyExecutive SessionRecess into Closed Session in compliance with Section551.001et.seq.TexasGovernmentCode,asauthorizedby551.001et.seq.TexasGovernmentCode,asauthorizedbythe Texas Open Meetings Act, to deliberate regarding:16a.Section 551.087 - To discuss and consider economicdevelopment incentives.16bSection551072Todiscussandconsiderpurchase16b.Section551.072-Todiscussandconsiderpurchase,exchange, lease, or value of real property formunicipal purposes and all matters incident andltdth trelatedthereto.
Town of Prosper“a place where everyone matters”Agenda Item 16.Executive SessionpyExecutive SessionRecess into Closed Session in compliance with Section551.001et.seq.TexasGovernmentCode,asauthorizedby551.001et.seq.TexasGovernmentCode,asauthorizedbythe Texas Open Meetings Act, to deliberate regarding:16c.Section 551.071 – Consultation with Town Attorney yregarding legal issues associated with Article 1.10 of Chapter 1 of the Code of Ordinances, and all matters incident and related thereto.16d.Section 551.071 – Consultation with Town Attorneydilliitdithdregardinglegalissues associatedwithproposedextraterritorial jurisdiction release, and all matters incidentand related thereto.
Town of Prosper“a place where everyone matters”Agenda Item 17.pyReconveneinRegularSessionandtakeReconveneinRegularSessionandtakeany action necessary as a result of theCl dSiClosedSession.
Town of Prosper“a place where everyone matters”Agenda Item 18.pyPossibly direct Town staff to scheduletopic(s)fordiscussionatafuturemeetingtopic(s)fordiscussionatafuturemeeting.• CIP Projects (HW) CIP Projects (HW)▪Town Hall/Multi-Purpose FacilityCl R d R t ti P j t▪Coleman Road Reconstruction Project▪West Prosper Road ImprovementsSH 289 M di Li hti d L d i▪SH 289 Median Lighting and Landscaping
Town of Prosper“a place where everyone matters”Agenda Item 18.pyPossibly direct Town staff to scheduleti()fdi itfttopic(s)fordiscussion atafuturemeeting.• Discussion on the Lower Pressure PlaneGdStTkdPSt tiGroundStorageTankandPumpStationProject.(HW)
Town of Prosper“a place where everyone matters”Agenda Item 18.pyPossibly direct Town staff to scheduleti()fdi itfttopic(s)fordiscussion atafuturemeeting.• Scheduling of work sessions.(HJ)
Town of Prosper“a place where everyone matters”Agenda Item 19.pyAdjourn