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02.28.23Welcome to the February 28, 2023, Prosper Town Council Meeting. Call to Order/Roll Call Invocation, Pledge of Allegiance, and Pledge to the Texas Flag Pledge to the Texas Flag Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. Announcements Presentations Agenda Item 1. Presentation of a Proclamation declaring February 28,2023, as Prosper Community Library Day.(LS) Prosper Community Library Staff Consent Agenda Agenda Item 2. Consider and act upon the minutes from the February 14, 2023,Town Council Work Session meeting.(MLS) Agenda Item 3. Consider and act upon the minutes from the February 14, 2023,Town Council Regular meeting.(MLS) Agenda Item 4. Consider and act upon the minutes from the February 18, 2023,Town Council Work Session meeting.(MLS) Agenda Item 5. Consider and act upon an ordinance canceling the May 6, 2023 General Election.(MLS) Agenda Item 6. Receive the Quarterly Investment Report.(CL) Agenda Item 7. Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters.(CL) Agenda Item 8. Consider and act upon approval of annual software maintenance and operational open purchase orders with MCCi,for the Information Technology Department during FY 2023.(LJ) Agenda Item 9. Consider and act upon awarding RFP No.2023-09-A for Benefits and Risk Management Consultant services for the Town of Prosper,effective February 28,2023,and authorizing the Town Manager to execute all documents for the same.(JE) Agenda Item 10. Consider and act upon approving an update to the Library Policies.(LS) Agenda Item 11. Receive the 2022 Annual Racial Profiling Report for the Prosper Police Department as required by state law.(DK) Prosper Police Department Racial Profiling Report 2022 Chief Doug Kowalski Prosper Police Traffic Encounter Estimate The uniformed and traffic divisions of the Prosper Police Department are presented with approximately 265 ,186 traffic stop opportunities or possible encounters on a daily basis per the published daily traffic count by TXDOT . This DOES NOT include traffic on North and South Dallas Parkway . The most recent data published on TXDOT’s website is July 1 ,2021. Add a footer 20 FR https://gis-txdot.opendata.arcgis.com/datasets/txdot-aadt- annuals/explore?location=33.228354%2C-96.780728%2C12.90 21 17,200 FM 1385 51,319 US 380 49,837 US 380 40,146 Preston Rd 39,511 US 380 12,940 Custer Rd 11,290 Prosper Trail 14,696 Frontier Pkwy 28,247 Preston Rd Source: TXDOT Annual Average Daily Traffic 2022 Report AADT= Annual Average Daily Traffic AADT= VOL x SF x AF VOL= 24-hr volume count SF= applicable month/day combination seasonal factor AF= applicable axle-correction factor 7573 8452 +879 2021 vs 2022 Total Traffic Stops 2022 2021 Difference 22 1969 3545 1952 7 15 85 Results of 2022 Traffic Stops Verbal Warning -1969 Written Warning-3545 Citation-1952 Written Warning and Arrest-7 Citation and Arrest-15 Arrest-85 Prosper Police Traffic Stops by Location: 7573 63 21 816 2127 4546 0 1000 2000 3000 4000 5000 6000 7000 8000 Total Stops Private Property County Road State Highway US Highway City Street Count of Traffic Stops by Location Town of Prosper Community Demographics Source: US Census Bureau-Decennial Census, https://data.census.gov/cedsci/table?q=P1%20 Prosper%20town,%20Texas 25 33.46% 66.54% % of Stops by Gender Female- 2534 Male-5039 0 500 1000 1500 2000 2500 3000 3500 4000 4500 Alaska/ Native American/ Indian-37 Asian/ Pacific Islander-429 Black-1345 White-4241 Hispanic/Latino-1521 Total Traffic Stops by Race Total Traffic Stops by Race Basic Reasons for Traffic Stops 227 4970 1782 594 7573 0 1000 2000 3000 4000 5000 6000 7000 8000 Reasons for the Traffic Stop # of Stops 326 7247 Search Conducted During Traffic Stop Yes-326 No-7247 Total: 7573 Searches Conducted During the 8,452 Traffic Stops 326 14 9 94 3 206 0 50 100 150 200 250 300 350 Total Searches-326 Incident to Arrest-14 Inventory-9 Probable Cause-94 Contraband-Plain View-3 Consent 206 Reason for Searches # of Searches Conducted 0 4 125 114 83 Demographics of 326 Searches Conducted Alaska/Native American/Indian-0 Asian/Pacific Islander-4 Black-125 White-114 Hispanic/Latino-83 Additional Search Information from 7,573 Traffic Stops 159 3 59 57 40 167 1 66 57 43 0 50 100 150 200 NO-159 Asian/Pacific Islander-3 Black-59 White-57 Hispanic/Latino-40 YES-167 Asian/Pacific Islander-1 Black-66 White-57 Hispanic/Latino-43 Contraband Found by Demographic During 326 Searches Count of Searches Contraband Discovered 754 0 28 Basis for 107 Arrests Performed as a Result of a Traffic Stop Violation of Penal Code-70.09% Violation of Traffic Law-3.73% Violation of City Ordinance-0.0% Outstanding Warrant-26.17% Use of Force During Traffic Stop & Racial Profiling Complaints 7573 0 Bodily Injury Occurred as the Result of an Officer’s Response to Resistance NO-7573 YES-0 Total: 7573 Total Number of Racial Profiling Complaints Received during 2022: 0 Agenda Item 12. Consider and act upon an ordinance to rezone for a Specific Use Permit for a Restaurant with Drive-Through Service on 1.12±acres,located on the north side of US 380,west of Custer Road.(S22-0002)(DS) Agenda Item 13. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Eric Walker,and the Town of Prosper,Texas,related to the Prosper Plaza development,located on the north side of US 380,west of Custer Road.(DS) Agenda Item 14. Consider and act upon an ordinance to amend a Specific Use Permit-19 (S-19)for a Child Care Center,licensed on 2.3± acres,located on the north side of Prairie Drive,west of Legacy Drive.(S22-0010)(DS) Agenda Item 15. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Srkmer Real Estate Holding 2 LLC,and the Town of Prosper,Texas,related to the Prosper Center development,located on the north side of Prairie Drive,west of Legacy Drive.(DS) Agenda Item 16. Consider and act upon an ordinance for a Specific Use Permit for a new Wireless Communications and Support Structure,on .05±acre,located on the north side of Prosper Trail,west of Legacy Drive.(S22-0011)(DS) Agenda Item 17. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Anthemnet Inc, and the Town of Prosper,Texas,related to the Legacy Tower, located on the north side of Prosper Trail,west of Legacy Drive.(DS) Citizen Comments The public is invited to address the Council on any topic.However, the Council is unable to discuss or take action on any topic not listed on this agenda.Please complete a “Public Comment Request Form”and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes.If multiple individuals wish to speak on a topic,they may yield their three minutes to one individual appointed to speak on their behalf.All individuals yielding their time must be present at the meeting,and the appointed individual will be limited to a total of 15 minutes. Regular Agenda If you wish to address the Council,please fill out a “Public Comment Request Form”and present it to the Town Secretary, preferably before the meeting begins.Pursuant to Section 551.007 of the Texas Government Code,individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened.For individuals wishing to speak on a non-public hearing item,they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Agenda Item 18. Conduct a public hearing and consider and act upon a request to amend Planned Development-94 (PD-94),for the Westside Development,on 63.7±acres.,located northside of University Drive and east of FM 1385.(Z22-0020)(DS) Agenda Item 19. Conduct a public hearing and consider and act upon a request to rezone 34.7±acres from Commercial District (C)to a new Planned Development for Mixed Use,located northside of Prosper Trail and west of Dallas Parkway.(Z22-0019)(DS) Planned Development Standards Town of Prosper NEW PD Maximum Permitted Density: MF District: 370 MF units allowed based on a standard MF zoning. (15 units per acre.) A maximum allowance of 835 units. 625 units shall be developed as apartments 210 units shall be developed as for sale condominiums. Maximum Height:Commercial District: Two stories, no greater than 40 feet. Dallas North Tollway Design Guidelines and Comprehensive Plan: Up to 12 Stories Highway Subdistrict •12 stories Neighborhood Subdistrict •Townhomes o Thirty-Five (35) feet, three (3) stories. •Commercial o Forty-five (45) Feet or three (3) stories Building Material 100 percent masonry as defined in Chapter 3, Section 2. The use of stucco and EIFS are only permitted as secondary or accent materials. •Materials such as brick, natural and manufactured stone, stucco, metal panel system, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise as least seventy five (75) percent of each floor, exclusive of doors and windows. •At least sixty (60 ) percent shall be constructed of brick masonry. Parking requirements 3,861 minimum parking spaces required based on the use. A mixed use reduction of 20% shall applied to the overall development, except for townhomes. 3,204 are being proposed. •Structured parking to be incorporated within the building and have architectural finished façade compatible with the surround buildings. Triggers •Fifty (50) percent of the townhomes in the Neighborhood Sub-District will have certificates of occupancy prior to commencing work within the Highway Sub-District. PRADERA Placemaking on the Prairie | Prosper, Texas Cornerstone Projects Group offers clients an unrivaled service and a commitment founded on the simple principle of stewardship: lead in the development,architecture and construction of real estate investments by serving the individual needs of each client. Our team of experienced professionals collaborates to provide a complete solution, managing all aspects of real estate development so our clients can focus on what they do best. Utilize our local presence, knowledge and niche expertise in acquiring and managing institutional-grade commercial real estate to generate superior returns for our investors in any environment, and to make a positive impact on the society. 2/27/2023Prosper Mixed-Use Master Plan 7 7 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT A N Town of Prosper Project No: _______Z22-0019 2/27/2023Prosper Mixed-Use Master Plan 7 8 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT A N Town of Prosper Project No: _______Z22-0019 2/27/2023Prosper Mixed-Use Master Plan 7 9 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT A N Town of Prosper Project No: _______Z22-0019 Dallas North Tollway District •The Town Council may permit a multi-family housing as part of a wholistic development that includes a combination of businesses designed to create a live, work and play environment. These businesses can be, but are not limited, retail, office, recreational, family-friend entertainment and/or restaurant establishments. •Gateways should be clearly identifiable to vehicular and pedestrian travelers and must include Public Art to promote vitality and provide a unique sense of identity. •The site design shall designate major entryways into a development with an entry feature that includes assets such as landscaping, an entry monument, a sculpture, or a fountain(s) •It is important that the materials and construction of streetscapes and buildings at the lower floors provide a level of detail and quality which creates a pedestrian-friendly environment that is warm and inviting. •The design and location of building entrances in the Tollway District are important to help define the pedestrian environment and create retail-friendly environments •Active uses such as retail, cafes, restaurants, higher density residential and office uses which provide pedestrian traffic should be considered as appropriate uses to line parks and open spaces. •Up to thirty (30) percent of the parking spaces required may be waived for a theatre or other place of evening dining and entertainment (after 6:00pm), and if used jointly by banks, offices and similar uses not normally open or operated during the evening hours . •Publicly accessible parks and open space organize and reinforce neighborhood structure. •Large sites should create a pedestrian pathway system that links all buildings, parking areas and open spaces utilizing the pedestrian pathways that will connect to any nearby public sidewalks. EXHIBIT B Town of Prosper Project No: _______ PLANNED DEVELOPMENT NO. 119 Planned Development Purpose and Intent Z22-0019 This planned development is intended to provide for and encourage development that contains a compatible mix of residential, office, and commercial uses within close proximity to each other, rather than separating uses. The planned development generally addresses the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment by: •Ensuring buildings relate appropriately to surrounding developments and streets which create cohesive visual identity and attractive street scenes. •Ensuring site design promotes efficient pedestrian and vehicular circulation patterns. •Ensuring the creation of high-quality street and sidewalk environments that are supportive of pedestrian mobility and that are appropriate to the roadway context. •Ensuring large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity. Sub-districts have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. EXHIBIT D N C -1 H1 PARKING POND FEATURE TOWN SQUARE [PRAIRIE GREEN] R -5 R -2 R -1 DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE R -4 R -6 MU/R -1 PARKING (RETAIL BELOW) TH -5 O –1 O -2 LINEAR PARK R -3 MU/R –2 MU/R -3 TH –1 TH -4 TH -3 TH -2 R -7 C -2 Town of Prosper Project No: _______PRELIMINARY SITE PLAN Neighborhood Sub-District Highway Sub-District Z22-0019 EXHIBIT D N Town of Prosper Project No: _______PRELIMINARY GROUND PLANE FOR SALE CONDOS 200 KEY HOTEL PARKING POND FEATURE TOWN SQUARE [PRAIRIE GREEN] PARKING & SERVICE DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE RESTAURANTS PARKING RETAIL RETAIL RETAILOFFICELINEAR PARK RETAILMIXED-USE RESIDENTIAL FOR SALETOWN HOMESFOR SALE TOWN HOMES RETAILRETAIL OFFICERETAILRETAILRETAIL RETAIL RESI CONFERENCECENTERRETAILRETAILRETAILFOR SALE CONDOS RESI Neighborhood Sub-District Highway Sub-District Neighborhood Sub-District Z22-0019 2/27/2023Prosper Mixed-Use Master Plan 8 4 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D Town of Prosper Project No: _______ Total Developed Area (GSF)1,516,351 Total Land Area (GSF)1,511,506 Tentative FAR 1.00 Building 1 Building 2 Building 3 Building 4 Building 5 Building 6 Building 7 Building 8 Building Group 9 Building Group 10 Building Group 11 Building Group 12 TOTALS Condos 1 Condos 2 Resi Wrap Resi @ Town Center 1 Resi @ Town Center 2 Hotel Restaurant(s)Retail Pads West Retail Townhomes Office RSF 200,000 200,000 400,000 Residential GSF 115,000 135,000 300,000 97,596 97,596 745,192 Average Unit Size 850 Total Number of Units 1-2 Beds / Ratio 75.00%1-2 Beds ->2.0 80 94 225 75 75 Total Number of Units 3 Beds 25.00%3 beds ->2.5 27 31 75 25 25 Total number of units Per Acre 1 AC = 76 1 AC = 76 1 AC = 93 1 AC = 62 Total Retail gsf 75% Retail / 25% Restaurant 6,387 6,387 24,650 26,100 26,100 10,335 8,510 8,240 17,920 121,855 Total Hotel GSF (Incl 16,000 SF of Conf Center)135,330 135,330 Unit size (average to gross area)677 Number of Keys 200 Townhomes SF 2,300 Number of Units 44 Total GSF 101,200 101,200 Office YIELD SUMMARY Z22-0019 Parking –Mixed Use Factor •The requested mixed-use reduction of 20% correlates closely to the retail parking requirements (853). •Surface parking and main garage beneath town center provide 400 parking spaces of the 853 required retail spaces •Office building garages provide 1,142 parking spaces available for retail use on weekends. •Residential garages can have some retail parking during the day •Parcels that have not been constructed like an office phase can have temporary surface parking. Multifamily Product Review •835 Multifamily units requested in Planned-Development •Apartments will utilize 75% (626) and Condominiums will utilize 25% (209) •Studio and 1-Bedroom units range from 50-70% of the mix •2-Bedroom and 3-Bedroom units range from 30-50% of the mix •Multifamily Properties will feature: •Interior condition corridors •Ten-foot ceilings •Hidden Trash Collection •Hospitality –Style Amenity Centers •Resort-Style Pool •State-of-the-Art Fitness Centers •Structured Parking EXHIBIT D2 N Town of Prosper Project No: _______Z22-0019 EXHIBIT D3 N Town of Prosper Project No: _______Z22-0019 EXHIBIT D4 N Town of Prosper Project No: _______Z22-0019 Jefferson Alpha West Farmers Branch The Kelton At Clearfork Fort Worth Legacy West Mixed-Use Plano The Domain Austin Material Mix Granite Park Hilton Plano Legacy West Mixed-Use Plano Cityline Retail Plano Granite Park Office Plano Material Mix Placemakin on the Prairie | Prosper, Texas THE AVALON CENTER MEDIAN RETAIL CITY LINE OFF ICE PLAZA GRANDSCAPES AMPHITHEATER GREEN CITYLINE RETAIL GREEN THE AVALON CENTER MEDIAN RETAIL THE AVALON CENTER MEDIAN RETAIL KLYDE WARREN PARK LINEAR PARK THE DOMAIN PUBLIC ART OPEN SPACE THE PEARL COMMON GREEN EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 OVERALL EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 MAIN INTERSECTION EXHIBIT F TOWN SQUARE LOOKING SOUTH EXHIBIT F Town of Prosper Project No: _______Z22-0019 EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 HOTEL EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 STREET VIEW Schedule -Preliminary Off-Site Infrastructure •Dallas North Tollway •From US 380 to FM 428 in Celina •Start 2024 / Complete 2027 •Shawnee Trail •~3,000 LF extension to W Frontier Pkwy •Start 2024 / Complete 2026 •On-Site Infrastructure •Start 2026 FINANCIAL BENEFIT Town of Prosper Project No: _______Z22-0019 Taxes based on gross annual sales: Retail: $81.2MM Hotel: $14.6MM FINANCIAL BENEFIT Town of Prosper Project No: _______Z22-0019 RECOMMENDATIONS Town of Prosper Project No: _______Z22-0019 Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Executive Session Section 551.087 –To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 –To discuss and consider purchase,exchange,lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 –To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 -Raphael Sanseverino v.Town of Prosper,Case No.429-00932-2020, pending in the 429th Judicial District Court of Collin County. Section 551.074 -To discuss appointments to the Board of Adjustment/Construction Board of Appeals,Parks &Recreation Board,Library Board,Prosper Economic Development Corporation Board,Planning &Zoning Commission,and the Community Engagement Committee,and all matters incident and related thereto. The Town Council Meeting will resume after the Executive Session. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Adjourn