Prosper council rejects developer park-improvement fee agreement for Windsong-area developments

The Prosper Town Council on Feb. 25 voted unanimously to deny a proposed park improvement fee agreement with PPP 100 Dev LLC and Shattuck Prosper Park Place 2 LLC that would have directed developer parkland dedication and improvement fees toward early trail work and site furnishings near Windsong Community Park.

Town staff presented the draft agreement as a way to ‘‘activate’’ a largely undeveloped Windsong-area park sooner by crediting developers for oversizing and building trail infrastructure in exchange for reducing the amount of land or fee the developers would otherwise provide, according to Dan Baker, a town staff member who presented the item.

The proposal would have applied the town—s subdivision ordinance section 6 standard of $1,500 per single-family unit to the two developments and then granted credits for upgrades such as widening a required trail from a 6-foot sidewalk to a 10-foot trail. Staff—s back-of-envelope calculations described in the meeting estimated approximately $436,000 in potential trail and site-improvement credits and roughly $558,000 in park improvement fees for one of the developments; combined parkland dedication totals across both plats were described in the meeting as "just over a million dollars." Clint Richardson, representing the developer, told the council the conversation with town staff began about "2 and a half years ago" and that the developer intended the improvements to be located near where the fees are generated so nearby residents would see the benefit.

Several council members voiced concern about committing fees now in lieu of land dedication for a park that still lacks a finalized master plan. Council members cited past experience where early, minimal improvements (gravel lots or primitive trails) drew little public use and said the town should prioritize capital improvement program (CIP) allocations that serve broader needs such as Raymond and Lakewood parks. The town manager and parks staff said fee schedules and development fees are being reviewed but that the agreement before the council would have codified the parties— prior understanding and allowed calculation of exact payment amounts for final plat acceptance.

Deputy Mayor Pro Tem Amy Bartley moved to deny the agreement; Marcus Ray seconded. The motion to deny passed unanimously. The council did not approve the separate developer proposal to receive credit for oversizing trail improvements as part of this agreement, and staff said the town retains the ability under the draft language to terminate the agreement and transfer any remaining park improvement funds to the town—s permanent park fund should reimbursements terminate.

Councilmembers said staff work on the draft and the walk-throughs were appreciated and directed staff to continue coordinating with parks, CIP and the parks board as the master plan work proceeds. No alternative agreement or new terms were adopted at the meeting.