201511110tcppTown of Prosper“a place where everyone matters”pyTown Council MeetingTown Council MeetingNovember 10, 2015,
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.pyIPldfAlldInvocation, Pledge of Allegiance, and Pledge to the Texas Flag.gg
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 eventsupcoming events.
Town of Prosper“a place where everyone matters”Agenda Item 4.pyPresentations•Presentation ofa Proclamation to members oftheProsper Historical Society and local veteransproclaimingNovember112015asVeteransDayproclaimingNovember11,2015,asVeteransDay.•PresentationofaProclamationtomembersoftheese tat ooaoc a at otoebesotePulmonary Hypertension Association proclaimingNovember 2015 asPulmonary Hypertension AwarenessMthMonth.
Town of Prosper“a place where everyone matters”Agenda Items 5a-5bpy5a.Consider and act upon minutes from thefollowingTownCouncilmeetings(RB)followingTownCouncilmeetings.(RB)•Regular Meeting – October 27, 20155b.Consider and act upon canceling theNb242015dthDb22November24,2015,andtheDecember22,2015, Prosper Town Council meetings.(RB)(RB)
Town of Prosper“a place where everyone matters”Agenda Item 5cpy5cReceivetheQuarterlyInvestmentReport5c.ReceivetheQuarterlyInvestmentReportending September 03, 2015. (CD)
Town of Prosper“a place where everyone matters”Agenda Item 5dpy5d.Consider and act upon authorizing theTownManagertoexecuteaPriorityTownManagertoexecuteaPrioritySupport Agreement between VP Imaging,Inc.,dba DocuNav Solutions,and the,,Town of Prosper, Texas, related to theexpansion of the Town's Laserfichepsoftware system, through a TexasDepartment of Information Resources(DIR) contract.(RB)
Town of Prosper“a place where everyone matters”Agenda Item 5epy5e.Consider and act upon approving the purchase oftwopick-uptrucks for the BuildingInspectionsppgpDivision, from Caldwell Country Chevrolet, throughthe Texas Local Government PurchasingCooperative;onepickuptruckfortheParkCooperative;onepick-uptruckfortheParkOperations Division, from Silsbee Ford, through theHouston-Galveston Area Council (HGAC)CPhPdhblCooperativePurchasingProgram; andthree publicsafety rated sport utility vehicles for the PoliceDepartment,from HolidayChevrolet,throughthep,y,gState of Texas Cooperative Purchasing Program.(JC)
Town of Prosper“a place where everyone matters”Agenda Item 5fpy5f.Consider and act upon authorizing theTownManagertoexecuteAmendmentTownManagertoexecuteAmendmentNine to the Interlocal AgreementbetweenCollinCountyandtheTownbetweenCollinCountyandtheTownof Prosper, extending the agreementthroughFY2015-2016relatingtothroughFY2015-2016,relatingtoAnimal Control Services.(JW)
Town of Prosper“a place where everyone matters”Agenda Item 5gpy5g.Consider and act upon authorizing theTownManagertoexecuteAmendmentTownManagertoexecuteAmendmentNine to the Interlocal AgreementbetweenCollinCountyandtheTownbetweenCollinCountyandtheTownof Prosper, establishing the service feeforFY2015-2016relatingtoAnimalforFY2015-2016relatingtoAnimalSheltering Services.(JW)
Town of Prosper“a place where everyone matters”Agenda Item 5hpy5h.Consider and act upon whether to directstafftosubmitawrittennoticeofappealstafftosubmitawrittennoticeofappealon behalf of the Town Council to theDevelopment Services Department,pp,pursuant to Chapter 4, Section 1.5(C)(7)and 1.6(B)(7)of the Town’s Zoning()()gOrdinance, regarding action taken by thePlanning & Zoning Commission on anysite plan or preliminarysite plan.(AG)
Town of Prosper“a place where everyone matters”Agenda Item 6. 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 7.pygPresentation of service plan and secondPbliHitidthiltPublicHearingtoconsidertheinvoluntaryannexation of a 0.2± acre tract of land,ltdththidfFi tSt t12locatedonthenorthsideofFirstStreet,1.2±miles east of Coit Road. (A15-0002).(JW)
Subject Propertyjpy
Annexation Map
Town of Prosper“a place where everyone matters”Agenda Item 8.pygConduct a Public Hearing, and consider andttfSilPSiactupon a requestfor aSpecialPurposeSignDistrict, on 35.7± acres, located on theth tfUS380dCtRdnorthwestcorner ofUS380andCusterRoad.(MD15-0004).(JW)
Town of Prosper“a place where everyone matters”Agenda Item 9.pygConduct a Public Hearing and consider andactuponarequesttoamendChapter2actuponarequesttoamendChapter2,Zoning Districts, and Chapter 3, PermittedUses and Definitions ofthe ZoninggOrdinance regarding the list of PermittedUses, the Use Chart, ConditionalDevelopment Standards and Definitions.(Z15-0007)(JW)
UseCommentsProposed Amendment1. Pawn ShopPermitted by right in the Commercial and Industrial Permit the use only by right in the Industrial District.Districts. State Law requires the use to be permitted by right in at least one zoning district.2. Auto Repair, Major (BodyShops)Permitted by right in the Commercial and Industrial DistrictsandbySUPinthePermit by right in the Industrial District and require SUP in the CommercialDistricttoDistricts and by SUP in the Downtown Commercial District. Commercial District to determine appropriateness of the use. Remove ability to request SUP in the Downtown CommercialDistrictCommercial District.3. Outside Merchandise Display, IncidentalUse is not listed in the Zoning Ordinance.Permit by SUP in non‐residential districts, with the exceptionoftheOfficeexception of the Office, Downtown Office Districts. “Sidewalk sales” would not be subject to the SUP requirementrequirement.
UseCommentsProposed Amendment4. Outside Merchandise Display, Temporary (Sidewalk Use is not listed in the Zoning Ordinance.Permit as a Conditional Development Standard in the sales)Downtown Retail, Retail Downtown Commercial and Commercial Districts.5. Outside Storage, Incidental Use is not listed in the Zoning Ordinance. Permit by SUP in non‐residential districts, with the exception of the Office, and Downtown Office Districts.6. Recycling Collection Point (unmanned donation boxes)Permitted by right in all non‐residential districts except the Downtown Office and Downtown Retail Districts. Reclassify as a “Donation or Recycling Bin.” Permit with Conditional Developments Standard in the Retail and These boxes tend to become unsightly.Commercial Districts and on property owned by a public, private or parochial school and establish an amended definition.
UseCommentsProposed Amendment7TilRlPidbihi hPibihi hId il7. Trailer RentalPermitted by right in the Commercial, Commercial Corridor and Industrial Districts and permitted by SUP in the RilDi iD hPermit by right in the Industrial District and require SUP in the Commercial District.Retail District. Due to the open storage and display of the trailers, this use is not appropriate immediately dj ttthT’iadjacent to the Town’s primary highways and thoroughfares.8.EquipmentandMachineryPermittedbyrightinthePermitbyrightintheIndustrial8. Equipment and Machinery Sales and Rental, MajorPermitted by right in the Commercial and Industrial Districts. Due to the open storage and display of the equipment andmachinery,thisPermit by right in the Industrial District and require SUP in the Commercial District.equipment and machinery, this use is not appropriate immediately adjacent to the Town’s primary highways and thoroughfares.thoroughfares.
UseCommentsProposed Amendment9. Car Wash, Self‐ServePermitted by right in the Commercial and Industrial Districts. Due to the noise‐i hhldbRequire SUP in the Commercial District, delete as permitted i hdiliigenerating nature, the use should be evaluated by an SUP in the Commercial District. This is not an industrial use, and therefore should not be permitted in the Id ilDi iuse in the Industrial District and note as a Conditional Development Standard to identify the 200‐foot distance i fid i lIndustrial District.requirement from residential districts as currently required by the “Adjacency of Certain Uses to Residential Zoning.”10. Motels Motels are commonly served by outside corridors and permitted by right with Reclassify the term to “Hotel, Limited Service,” and establish minimal conditional development standards in the Downtown Commercial , Commercial and Commercial Corridor District. The facilities are now more new conditional development standards and establish the appropriate definition.commonly referred to as “Limited Service Hotels” but with interior corridors.
UseCommentsProposed Amendment11. Residence Hotel (extendedstay)These facilities offer “stay on a nightly, weeklyand/ormonthlybasis”withfullRequire an SUP to determine theappropriatenessofthe use(extendedstay)weekly and/or monthly basis with full kitchens. Depending on the operator, these facilities can either provide quality short‐term housing or become quasi‐multifamily,transienthousingwiththe appropriateness of the useand amend the Conditional Development Standards and amend the definition.multifamily, transient housing with negative impacts on adjacent properties. This use is permitted by right with Conditional Standards in the Commercial and Commercial CorridorDistrictsandand Commercial Corridor Districts and further limited to properties adjacent to Dallas Parkway, US 380 and Preston Road.12. Hotel These facilities typically are multi‐story in height and offer a range of amenities including a full‐service restaurant and meeting/event space. The use is Rename the term to “Hotel, Full Service,” and revise and establish new ConditionalDevelopment Standards to permitted by right with Conditional Development Standards in the Commercial and Commercial Corridor Districts and requires an SUP in the more accurately reflect today’s hotel market and establish the appropriate definition.Downtown Commercial District.
UseCommentsProposed Amendment13. Automobile StoragePermitted by right in the Commercial and IndustrialDistrictsThesefacilitiesPermit by right in the Industrial DistrictandrequireSUPintheStorageIndustrial Districts. These facilities resemble a parking lot without a primary structure and typically accommodate the overflow storage of automobiles and light loadtrucksthatareforsaleatanotherDistrict and require SUP in the Commercial District.load trucks that are for sale at another location. Due to the open storage, this use may not be appropriate along the Town’s primary highways and thoroughfares.14. General Manufacturing/Industrial Use CliithThe term permits manufacturing and industrial processing but must be deemed not a hazard or nuisance to adjoining tiTkldidkPermit by right in the Industrial District and require SUP in the Commercial and Commercial CidDi t i tComplying with PerformanceStandardsproperties. Truck loading docks are common to this use. Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the industrial ttht bitiCorridor Districts.nature, the use may not be appropriate in the Commercial and Commercial Corridor Districts.
UseCommentsProposed Amendment15. Flea Market, Inside Permitted by right in the Commercial DistrictDependingonthe intensityofRequire SUP in the Commercial DistrictDistrict.Depending on the intensity of the use, may not be appropriate in certain locations.District.16. Flea Market, OutsidePermitted by SUP in the Commercial District. Due to the nature of the use, it isnotappropriateinProsperDelete as a permitted use.is not appropriate in Prosper.17. Vet Clinic and/or Kennel, OutdoorPermitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the nature of the outdoor facilities, the use may not be Permit by right in the Industrial District and require SUP in the Commercial District.appropriate in certain locations.
UseCommentsProposed Amendment18. Retirement HousingPermitted by right in the Townhome, MultifamilyandtheMobile HomezoningRequire SUP in the Multifamily Districttoallow the usetobeHousing (independentsenior living)Multifamily and the Mobile Home zoning districts. Hesitancy to rezone any land to the Multifamily District. Current definition also includes the terms “nursing care for ambulatoryelderlyorhandicappedDistrict to allow the use to be considered on a case‐by‐casebasis in age‐restricted development than cannot convertintoatraditionalmulti‐ambulatory elderly or handicapped persons.” ‐not the intent of this use which is intended to accommodate independent senior living residential developments.convert into a traditional multifamily development and amend the definition.19. Helistop Incidental to a main structure for take‐offs and landings. The storage of helicopters or fuel is not permitted by the definition. Permit with SUP in the Retail and Commercial Districts in addition to Office, Commercial Permitted by SUP in the Office, Commercial Corridor and Industrial District. A helistop may be appropriate and necessary for uses in the Retail and Commercial Districts since Corridor and Industrial Districts.hospitals are permitted in these districts.
UseCommentsProposed Amendment20LandscapePermittedbyrightintheCommercial andRequireSUPintheCommercial20. Landscape Nursery, Major Permitted by right in the Commercial and Commercial Corridor Districts. Due to the nature of the outdoor facilities, the use may not be appropriate in certain locationsRequire SUP in the Commercial and Commercial Corridor Districts.locations.21. Dance Hall Antiquated term. Need to recognize and Reclassify as a allow professional banquet facilities. “Dance Hall” currently permitted by SUP in the Downtown Commercial, Commercial and Commercial Corridor “Meeting/Banquet/Reception Facility” and require SUP in the Retail, Downtown Commercial, Commercial and Commercial Districts. Corridor Districts and amend definition.22. Furniture Permitted by right in the Commercial and Permit by right in all non‐Restoration Industrial Districts and requires SUP in the Downtown Commercial District. This is an enclosed use and does not pose adverse impacts. residential districts except for the Office and Downtown Office Districts.
UseCommentsProposed Amendment23. GunsmithAntiquatedterm‐business isDelete thetermsinceitcanbe23. Gunsmith Antiquated term business is considered a retail establishment to accommodate the sales and service of firearms. Delete the term since it can be considered as a retail establishment.24. Household Appliance Service and RepairAntiquated term ‐the service is now more related to the repair of Reclassify as “Repair Service, Indoor,” and permit by right in ppelectronics., p y gall non‐residential districts except for Office and Downtown Office Districts. New definition would prohibit pvehicle engine repair. 25Mortuary/FuneralPermittedbyrightintheDowntownReclassifytermas“Funeral25. Mortuary/ Funeral ParlorPermitted by right in the Downtown Commercial, Commercial, Commercial Corridor and Industrial Districts. Implied but not clear that the usedoesnotpermitanon‐siteReclassify term as Funeral Home” and amend as a Conditional Development Standard to permit by right in thesamedistricts but requirethe use does not permit an onsite crematory. the same districts but require an SUP for on‐site cremation services.
UseComments Proposed Amendment26. Restaurant or Cafeteria“Cafeteria” is an antiquated term. A “L b ’s”or“F rr’s”isAmend term to read, “Restaurant.”“Luby’s” or “Furr’s” is considered a restaurant.27. Bottling Works Antiquated term. An Delete the term.operation that bottles beverages can be accommodated as a “General Manufacturing/Industrial Use Complying with Performance Standards.”
UseCommentsProposed Amendment28. Auto‐related Uses and Restaurants with Drive‐thruorDrive‐inServicesThe “Development Requirements” of the Zoning Ordinance require that buildingsand equipmentNote this requirement as a Conditional DevelopmentStandardinthe UseChartandthru or Drivein Services that buildings and equipment associated with these uses be a minimum of 200 feet from a residential district. This requirementisoftenoverlookedbyStandard in the Use Chart and reference the “Adjacency of Certain Uses.” There is no change regarding the permitteduseoftheseusesinrequirement is often overlooked by the development community in their research of the Zoning Ordinance Use Chart.permitted use of these uses inthe currently designated districts.29. Payday Loans/Cash for Car titlesNot a designated use in the Zoning Ordinance, but meets the definition of a “Bank or Savings and These businesses should be regulated in Chapter 4, Business Regulations of the Loan” and would be permitted by right in all non‐residential districts. These businesses are seen as predatory lending establishments Town’s Code of Ordinances. The ordinance can contain criteria for the definition, registration, operation and with excessively high interest rates and are increasingly being regulated by cities in Texas and the nation.location/minimum spacing of the businesses.
1.OutdoorMerchandiseDisplay,Temporary(new)1. Outdoor Merchandise Display, Temporary (new)a. Shall be associated with the merchandise offeredforsaleonthesamepremise.offered for sale on the same premise.b. Shall not exceed 72 consecutive hours with a minimum of twenty‐eight (28) days withaminimumoftwentyeight(8)daysbetween each occurrence.c. Shall not block or impede required p qaccessibility.
2. Donation or Recycling Bin (new)a. Approval of a Site Plan by the Planning & Zoning Commission and a permit idb hB ildiIiDi i iissued by the Building Inspections Divisionb. Written authorization of the property ownerc. A maximum of one (1) donation or recycling bin shall be permitted per lot or tractd. Located within 100 feet of the main structure but not located within the required front, side or rear property linese. Shall not be located on any required parking space(s), nor located in a manner that blocks pedestrian access or a driver’s visibilityf. Shall not exceed six (6) feet, six (6) inches in height, six (6) feet in width and six (6) feet in lengthg. Clearly identify the name, address and telephone number of the permittee and operator, if different from the permitteeh. Permittee shall maintain the area surrounding the donation or recycling bin free of any junk, garbage, trash, debris or other refuse materiali. Permittee and operator shall be responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the donation or recycling bin within twenty‐four (24) hours of written or verbal notice from the Townj. The Town shall have the right to revoke any permit issued hereunder if permittee or operator fails to comply with the provisions of this subsection
3. Limited Service Hotels (additional standards)a. Access to guest rooms shall be restricted exclusivelytointerior corridorsexclusively to interior corridorsb. Shall provide a restaurant offering a minimum of one meal per dayp yc. Shall provide daily housekeepingd.Guestrooms shallnot contain any cookingd.Guest rooms shall not contain any cooking facility –oven, stove top burner, grill, hibachi, or hotplate
4. Residence Hotels (additional standards)a. Specific Use Permit requiredbA t thllbtitdb.Access to guest rooms shall be restricted exclusively to interior corridorsRidtdc.Required outdoor open spaced. Shall provide daily housekeepinge. Guest rooms may have full kitchen, but not to include a grill, hibachi or hotplate
5FullServiceHotels(additionalstandards)5. Full Service Hotels (additional standards)a. Shall provide a restaurant offering three (3) ldmeals per dayb. Shall provide a minimum total of 10,000 squarefeetofmeeting/eventspacesquare feet of meeting/event spacec. No more than five (5) percent of the total number ofguestroomsshall havecookingnumber of guest rooms shall have cooking facilities.
6Funeral Homes(newstandard)6. Funeral Homes (new standard)On‐site cremation services require SUP7‐20. Auto‐Related Uses (note existing standard)Note the 200‐foot distance requirement from residential districts as a Conditional Development dd(dd)Standard (not a new standard)
dddfi i iNew and Amended Definitions
Town of Prosper“a place where everyone matters”pyProposed Amendments to the Zoning OrdinanceRegardingPermittedUses,Ordinance Regarding Permitted Uses, Conditional Development Standards and DefinitionsDefinitionsQi?Questions?
Town of Prosper“a place where everyone matters”Agenda Item 10.pygConsider and act upon authorizing the TownMttPf i lSiManagertoexecuteaProfessionalServicesAgreement between the Town of Prosper,TdDAitLPltdTexas, andDunawayAssociates,LP., relatedto the Frontier Park - North FieldItjt(PN)Improvementsproject.(PN)
Town of Prosper“a place where everyone matters”Agenda Item 11.pygConsider and act upon awarding Bid No.201604BtQ litEtiLtd2016-04-BtoQualityExcavation,Ltd.,related to construction services for theFtiPkPkiLtItFrontierPark–ParkingLotImprovements2016 project; and authorizing the TownMttttiManagertoexecuteaconstructionagreement for same.(MR)
Town of Prosper“a place where everyone matters”Agenda Item 12.pygDiscussion on Water and WastewaterCitlItPjt(HW)CapitalImprovementProjects.(HW)
Town of Prosper“a place where everyone matters”Agenda Item 13.pygConsider and act upon authorizing the TownMttPf i lManagertoexecuteaProfessionalEngineering Services Agreement betweenthTfPTdF&theTown ofProsper,Texas, andFreese&Nichols, Inc., related to the 2016 Impact FeeUdtjt(MR)Updateproject.(MR)
Town of Prosper“a place where everyone matters”Agenda Item 14.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:14a.Section 551.087 - To discuss and consider economicdevelopment incentives.14bSection551072Todiscussandconsiderpurchase14b.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 14cpy14c.Section 551.074 – To discuss appointments to theBoardofAdjustment/ConstructionBoardofBoardofAdjustment/ConstructionBoardofAppeals, Parks & Recreation Board, LibraryBoard, Prosper Economic DevelopmentppCorporation Board, Planning & ZoningCommission, Tax Increment FinancingReinvestmentZone(TIRZ)No1BoardofReinvestmentZone(TIRZ)No.1BoardofDirectors, and Tax Increment FinancingReinvestment Zone (TIRZ) No. 2 Board ofDirectorsDirectors.
Town of Prosper“a place where everyone matters”Agenda Item 14dpy14dSection551071ConsultationwiththeTown14d.Section551.071–ConsultationwiththeTownAttorney regarding legal issues associated withannexationagreementsinTownETJareasannexationagreementsinTownETJareas,development issues associated with areas subjecttoannexationagreements,andallmatterstoannexationagreements,andallmattersincident and related thereto.
Town of Prosper“a place where everyone matters”Agenda Item 15.pyReconveneinRegularSessionandtakeReconveneinRegularSessionandtakeany action necessary as a result of theCl dSiClosedSession.
Town of Prosper“a place where everyone matters”Agenda Item 16.pyPibldi tTtffthdlPossiblydirectTown stafftoscheduletopic(s) for discussion at a future meeting.• Discuss “In God We Trust” decals. (HJ)
Town of Prosper“a place where everyone matters”py• Update on the Town’s Emergencyl(/)Management Plan.(KB/RT)
Town of Prosper“a place where everyone matters”Emergency Managementpygy gHazard Mitigation PlanHazard Mitigation PlanCERTRoles and ResponsibilitiesRoles and ResponsibilitiesPresidential Disaster DeclarationEPlfEtEmergency Plan for EventsProspers own Emergency Plan
Town of Prosper“a place where everyone matters”py• Discuss possible dates for 2016 Strategicl()PlanningSession.(RB)Staff Date: Wednesday, January 6Council Date: Wednesday January 27Council Date: Wednesday, January 27
Town of Prosper“a place where everyone matters”Agenda Item 17.pyAdjournAdjourn