town council meetingtown council meeting november 10, 2015 · receive the quarterly investment...

Town of Prosper“a place where everyone matters”p y

Town Council MeetingTown Council MeetingNovember 10, 2015,

Town of Prosper“a place where everyone matters”

Agenda Item 1.p y

Call to Order/Roll Call.


Agenda Item 2.p y

I Pl d f All dInvocation, Pledge of Allegiance, and Pledge to the Texas Flag.g g


Salute to the Texas Flagp y

Honor the Texas flag; I pledge allegiance to thee,

d G dTexas, one state under God, one and indivisibleone and indivisible.


Agenda Item 3.p y

Announcements of recent and upcoming eventsupcoming events.


Agenda Item 4.p y

Presentations• Presentation of a Proclamation to members of the

Prosper Historical Society and local veteransproclaiming November 11 2015 as Veterans Dayproclaiming November 11, 2015, as Veterans Day.

• Presentation of a Proclamation to members of theese tat o o a oc a at o to e be s o t ePulmonary Hypertension Association proclaimingNovember 2015 as Pulmonary Hypertension AwarenessM thMonth.


Agenda Items 5a-5bp y

5a. Consider and act upon minutes from thefollowing Town Council meetings (RB)following Town Council meetings. (RB)• Regular Meeting – October 27, 2015

5b. Consider and act upon canceling theN b 24 2015 d th D b 22November 24, 2015, and the December 22,2015, Prosper Town Council meetings.(RB)(RB)


Agenda Item 5cp y

5c Receive the Quarterly Investment Report5c. Receive the Quarterly Investment Reportending September 03, 2015. (CD)


Agenda Item 5dp y

5d. Consider and act upon authorizing theTown Manager to execute a PriorityTown Manager to execute a PrioritySupport 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)


Agenda Item 5ep y

5e. Consider and act upon approving the purchase oftwo pick-up trucks for the Building Inspectionsp p g pDivision, from Caldwell Country Chevrolet, throughthe Texas Local Government PurchasingCooperative; one pick up truck for the ParkCooperative; one pick-up truck for the ParkOperations Division, from Silsbee Ford, through theHouston-Galveston Area Council (HGAC)C P h P d h blCooperative Purchasing Program; and three publicsafety rated sport utility vehicles for the PoliceDepartment, from Holiday Chevrolet, through thep , y , gState of Texas Cooperative Purchasing Program. (JC)


Agenda Item 5fp y

5f. Consider and act upon authorizing theTown Manager to execute AmendmentTown Manager to execute AmendmentNine to the Interlocal Agreementbetween Collin County and the Townbetween Collin County and the Townof Prosper, extending the agreementthrough FY 2015-2016 relating tothrough FY 2015-2016, relating toAnimal Control Services. (JW)


Agenda Item 5gp y

5g. Consider and act upon authorizing theTown Manager to execute AmendmentTown Manager to execute AmendmentNine to the Interlocal Agreementbetween Collin County and the Townbetween Collin County and the Townof Prosper, establishing the service feefor FY 2015-2016 relating to Animalfor FY 2015-2016 relating to AnimalSheltering Services. (JW)


Agenda Item 5hp y

5h. Consider and act upon whether to directstaff to submit a written notice of appealstaff to submit a written notice of appealon behalf of the Town Council to theDevelopment Services Department,p p ,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 preliminary site plan. (AG)


Agenda Item 6. p y

gCitizen’s Comments

The public is invited to address the Councilon any topic. However, the Council is unablet di t k ti t i tto discuss or take action on any topic notlisted on this agenda. Please complete a“Public Meeting Appearance Card” andPublic Meeting Appearance Card andpresent it to the Town Secretary prior to themeeting.


Agenda Item 7.p y

gPresentation of service plan and secondP bli H i t id th i l tPublic Hearing to consider the involuntaryannexation of a 0.2± acre tract of land,l t d th th id f Fi t St t 1 2located on the north side of First Street, 1.2±miles east of Coit Road. (A15-0002). (JW)

Subject Propertyj p y

Annexation Map


Agenda Item 8.p y

gConduct a Public Hearing, and consider and

t t f S i l P Siact upon a request for a Special Purpose SignDistrict, on 35.7± acres, located on the

th t f US 380 d C t R dnorthwest corner of US 380 and Custer Road.(MD15-0004). (JW)


Agenda Item 9.p y

gConduct a Public Hearing and consider andact upon a request to amend Chapter 2act upon a request to amend Chapter 2,Zoning Districts, and Chapter 3, PermittedUses and Definitions of the ZoninggOrdinance regarding the list of PermittedUses, the Use Chart, ConditionalDevelopment Standards and Definitions.(Z15-0007) (JW)

Use Comments Proposed Amendment1. Pawn Shop Permitted 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 Districts and by SUP in the

Permit by right in the Industrial District and require SUP in the Commercial District toDistricts and by SUP in the

Downtown Commercial District.

Commercial District to determine appropriateness of the use. Remove ability to request SUP in the Downtown Commercial DistrictCommercial District.

3. Outside Merchandise Display, Incidental

Use is not listed in the Zoning Ordinance.

Permit by SUP in non‐residential districts, with the exception of the Officeexception of the Office, Downtown Office Districts. “Sidewalk sales” would not be subject to the SUP requirementrequirement.

Use Comments Proposed 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.

Use Comments Proposed Amendment7 T il R l P i d b i h i h P i b i h i h I d i l7. Trailer Rental Permitted by right in the

Commercial, Commercial Corridor and Industrial Districts and permitted by SUP in the R il Di i D h

Permit 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 t t th T ’ iadjacent to the Town’s primary highways and thoroughfares.

8. Equipment and Machinery Permitted by right in the Permit by right in the Industrial8. Equipment and Machinery Sales and Rental, Major

Permitted by right in the Commercial and Industrial Districts. Due to the open storage and display of the equipment and machinery, this


equipment and machinery, this use is not appropriate immediately adjacent to the Town’s primary highways and thoroughfares.thoroughfares.

Use Comments Proposed Amendment9. Car Wash, Self‐Serve

Permitted by right in the Commercial and Industrial Districts. Due to the noise‐

i h h ld b

Require SUP in the Commercial District, delete as permitted

i h d i l i igenerating 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 I d i l Di i

use in the Industrial District and note as a Conditional Development Standard to identify the 200‐foot distance

i f id 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.

Use Comments Proposed Amendment11. Residence Hotel (extended stay)

These facilities offer “stay on a nightly, weekly and/or monthly basis” with full

Require an SUP to determine the appropriateness of the use(extended stay) 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, transient housing with

the 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 Corridor Districts andand 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.

Use Comments Proposed Amendment13. Automobile Storage

Permitted by right in the Commercial and Industrial Districts These facilities

Permit by right in the Industrial District and require SUP in theStorage Industrial Districts. These facilities

resemble a parking lot without a primary structure and typically accommodate the overflow storage of automobiles and light load trucks that are for sale at another

District 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 C l i ith

The term permits manufacturing and industrial processing but must be deemed not a hazard or nuisance to adjoining

ti T k l di d k

Permit by right in the Industrial District and require SUP in the Commercial and Commercial C id Di t i tComplying with

PerformanceStandards

properties. Truck loading docks are common to this use. Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the industrial t th t b i t i

Corridor Districts.

nature, the use may not be appropriate in the Commercial and Commercial Corridor Districts.

Use Comments Proposed Amendment15. Flea Market, Inside Permitted by right in the Commercial

District Depending on the intensity ofRequire SUP in the Commercial DistrictDistrict. Depending on the intensity of

the use, may not be appropriate in certain locations.

District.

16. Flea Market, Outside

Permitted by SUP in the Commercial District. Due to the nature of the use, it is not appropriate in Prosper

Delete as a permitted use.

is not appropriate in Prosper.

17. Vet Clinic and/or Kennel, Outdoor

Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the nature of the outdoor facilities, the use may not be


appropriate in certain locations.

Use Comments Proposed Amendment18. Retirement Housing

Permitted by right in the Townhome, Multifamily and the Mobile Home zoning

Require SUP in the Multifamily District to allow the use to beHousing

(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 ambulatory elderly or handicapped

District to allow the use to be considered on a case‐by‐casebasis in age‐restricted development than cannot convert into a traditional multi‐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.

Use Comments Proposed Amendment20 Landscape Permitted by right in the Commercial and Require SUP in the Commercial20. 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 locations

Require 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.

Use Comments Proposed Amendment23. Gunsmith Antiquated term ‐ business is Delete the term since it can be23. 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 Repair

Antiquated term ‐ the service is now more related to the repair of

Reclassify as “Repair Service, Indoor,” and permit by right in p p

electronics., p y g

all non‐residential districts except for Office and Downtown Office Districts. New definition would prohibit pvehicle engine repair.

25 Mortuary/ Funeral Permitted by right in the Downtown Reclassify term as “Funeral25. Mortuary/ Funeral Parlor

Permitted by right in the Downtown Commercial, Commercial, Commercial Corridor and Industrial Districts. Implied but not clear that the use does not permit an on‐site

Reclassify term as Funeral Home” and amend as a Conditional Development Standard to permit by right in the same districts but requirethe use does not permit an on site

crematory. the same districts but require an SUP for on‐site cremation services.

Use Comments Proposed Amendment26. Restaurant or Cafeteria “Cafeteria” is an

antiquated term. A “L b ’s” or “F rr’s” is

Amend 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.”

Use Comments Proposed Amendment28. Auto‐related Uses and Restaurants with Drive‐thru or Drive‐in Services

The “Development Requirements” of the Zoning Ordinance require that buildings and equipment

Note this requirement as a Conditional DevelopmentStandard in the Use Chart andthru or Drive in Services that buildings and equipment

associated with these uses be a minimum of 200 feet from a residential district. This requirement is often overlooked by

Standard in the Use Chart and reference the “Adjacency of Certain Uses.” There is no change regarding the permitted use of these uses inrequirement 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 titles

Not 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. Outdoor Merchandise Display, Temporary (new)1. Outdoor Merchandise Display, Temporary (new)a. Shall be associated with the merchandise

offered for sale on the same premise.offered for sale on the same premise.b. Shall not exceed 72 consecutive hours

with a minimum of twenty‐eight (28) days with a minimum of twenty eight ( 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

i d b h B ildi I i Di 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 Town

j. 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 exclusively to interior corridorsexclusively to interior corridors

b. Shall provide a restaurant offering a minimum of one meal per dayp y

c. Shall provide daily housekeepingd. Guest rooms shall not 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 requiredb A t t h ll b t i t db. Access to guest rooms shall be restricted

exclusively to interior corridorsR i d tdc. Required outdoor open space

d. Shall provide daily housekeepinge. Guest rooms may have full kitchen, but not

to include a grill, hibachi or hotplate

5 Full Service Hotels (additional standards)5. Full Service Hotels (additional standards)

a. Shall provide a restaurant offering three (3) l dmeals per day

b. Shall provide a minimum total of 10,000 square feet of meeting/event spacesquare feet of meeting/event space

c. No more than five (5) percent of the total number of guest rooms shall have cookingnumber of guest rooms shall have cooking facilities.

6 Funeral Homes (new standard)6. Funeral Homes (new standard)

On‐site cremation services require SUP

7‐20. Auto‐Related Uses (note existing standard)Note the 200‐foot distance requirement from residential districts as a Conditional Development

d d ( d d)Standard (not a new standard)

d d d fi i iNew and Amended Definitions


Proposed Amendments to the Zoning Ordinance Regarding Permitted Uses,Ordinance Regarding Permitted Uses,

Conditional Development Standards and DefinitionsDefinitions

Q i ?Questions?


Agenda Item 10.p y

gConsider and act upon authorizing the TownM t t P f i l S iManager to execute a Professional ServicesAgreement between the Town of Prosper,T d D A i t LP l t dTexas, and Dunaway Associates, LP., relatedto the Frontier Park - North FieldI t j t (PN)Improvements project. (PN)


Agenda Item 11.p y

gConsider and act upon awarding Bid No.2016 04 B t Q lit E ti Ltd2016-04-B to Quality Excavation, Ltd.,related to construction services for theF ti P k P ki L t I tFrontier Park – Parking Lot Improvements2016 project; and authorizing the TownM t t t tiManager to execute a constructionagreement for same. (MR)


Agenda Item 12.p y

gDiscussion on Water and WastewaterC it l I t P j t (HW)Capital Improvement Projects. (HW)


Agenda Item 13.p y

gConsider and act upon authorizing the TownM t t P f i lManager to execute a ProfessionalEngineering Services Agreement betweenth T f P T d F &the Town of Prosper, Texas, and Freese &Nichols, Inc., related to the 2016 Impact FeeU d t j t (MR)Update project. (MR)


Agenda Item 14.Executive Session

p y

Executive SessionRecess into Closed Session in compliance with Section551.001 et. seq. Texas Government Code, as authorized by551.001 et. seq. Texas Government Code, as authorized bythe Texas Open Meetings Act, to deliberate regarding:14a. Section 551.087 - To discuss and consider economic

development incentives.

14b Section 551 072 To discuss and consider purchase14b. Section 551.072 - To discuss and consider purchase,exchange, lease, or value of real property formunicipal purposes and all matters incident andl t d th trelated thereto.


Agenda Item 14cp y

14c. Section 551.074 – To discuss appointments to theBoard of Adjustment/Construction Board ofBoard of Adjustment/Construction Board ofAppeals, Parks & Recreation Board, LibraryBoard, Prosper Economic Developmentp pCorporation Board, Planning & ZoningCommission, Tax Increment FinancingReinvestment Zone (TIRZ) No 1 Board ofReinvestment Zone (TIRZ) No. 1 Board ofDirectors, and Tax Increment FinancingReinvestment Zone (TIRZ) No. 2 Board ofDirectorsDirectors.


Agenda Item 14dp y

14d Section 551 071 Consultation with the Town14d. Section 551.071 – Consultation with the TownAttorney regarding legal issues associated withannexation agreements in Town ETJ areasannexation agreements in Town ETJ areas,development issues associated with areas subjectto annexation agreements, and all mattersto annexation agreements, and all mattersincident and related thereto.


Agenda Item 15.p y

Reconvene in Regular Session and takeReconvene in Regular Session and takeany action necessary as a result of theCl d S iClosed Session.


Agenda Item 16.p y

P ibl di t T t ff t h d lPossibly direct Town staff to scheduletopic(s) for discussion at a future meeting.

• Discuss “In God We Trust” decals. (HJ)


• Update on the Town’s Emergencyl ( / )Management Plan. (KB/RT)


Emergency Management

p y

g y g

Hazard Mitigation PlanHazard Mitigation PlanCERT

Roles and ResponsibilitiesRoles and ResponsibilitiesPresidential Disaster Declaration

E Pl f E tEmergency Plan for EventsProspers own Emergency Plan


• Discuss possible dates for 2016 Strategicl ( )Planning Session. (RB)

Staff Date: Wednesday, January 6Council Date: Wednesday January 27Council Date: Wednesday, January 27


Agenda Item 17.p y

AdjournAdjourn

town council meetingtown council meeting november 10, 2015 · receive the quarterly investment...

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