04.25.23Welcome to the April 25, 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.
Recognize individuals and the Fire Department for Life Saving
efforts and awards.(SB)
Consent Agenda
Agenda Item 2.
Consider and act upon the minutes from the April 11 ,2023,
Town Council Work Session meeting.(MLS)
Agenda Item 3.
Consider and act upon the minutes from the April 11 ,2023,
Town Council Regular meeting.(MLS)
Agenda Item 4.
Consider and act upon approving the purchase and
installation of additional SWAT lockers for the Police
Department.(DK)
Agenda Item 5.
Consider and act upon the approval of additional funding to
the existing contract with PondMedics,Inc.to include the
Proactive Plan for Broadway Pond.(DB)
Agenda Item 6.
Consider and act upon authorizing the Town Manager to
execute a Wastewater Development Agreement between
PROSPER TOLLROAD J.V.,and the Town of Prosper,Texas,
related to the extension of a sanitary sewer line from
Armstrong Lane to the Lakes of Prosper lift station.(HW)
Agenda Item 7.
Consider and act upon whether to direct staff to submit a
written notice of appeals on behalf of the Town Council to the
Development Services Department,pursuant to Chapter 4,
Section 1.5(C)(7)and 1.6(B)(7)of the Town’s Zoning
Ordinance,regarding action taken by the Planning &Zoning
Commission on any Preliminary Site Plan,including Gates of
Prosper,Phase 2,Lots 11 and 12.(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 8.
Conduct a public hearing and act upon a request to amend
the Future Land Use Plan from Residential Low Density to
Retail and Neighborhood Services,generally located,located
on the east side of Preston Road,north of St.Peter Lane.
This is a companion case to Z21-0003.(CA21-0001).(DS)
Existing FLUP Proposed FLUP
Existing FLUP Proposed FLUP
SF-E—SINGLE FAMILY-ESTATE DISTRICT
SF-22—SINGLE FAMILY-22 DISTRICT
SF-17.5—SINGLE FAMILY-17.5 DISTRICT
SF-15—SINGLE FAMILY-15 DISTRICT
O—OFFICE DISTRICT
NS—NEIGHBORHOOD SERVICE DISTRICT
R—RETAIL DISTRICT
C—COMMERCIAL DISTRICT
2012
2022
•Will the proposed change enhance the site and the surrounding area?
• Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?
• Will the proposed use impact adjacent residential areas in a negative manner?
• Will the proposed use be compatible with and/or enhance adjacent residential uses?
• Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?
• Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?
• Would it contribute to the Town’s long-term economic stability?
Compatibility between the Zoning Map and the Future
Land Use Plan
Agenda Item 9.
Conduct a public hearing and consider and act upon a
request to rezone 13.3±acres from Single Family-15 (SF-15)
to Planned Development-Retail (PD-R),generally to allow for
an office/retail development,located on the east side of
Preston Road,north of St.Peter Lane.(Z21-0003).(DS)
MQ Prosper North
Northeast Corner of Preston Road and Saint Peter Lane
TOWN OF PROSPER
TOWN COUNCIL
APRIL 25, 2023
7 of 17 sites marked with red “X” are either in the creek
and/or have heavy grade issues, and/or large costs for
tree removal.
Single Family:
•50’ wide streets -> 1.5 acres
•Pads to the perimeter to
achieve lot yield
•Greater disruption to grade
and trees
•No amenity pond; diminishes
natural aesthetic along “front
door” Preston Road
•Places cul-de-sac against
Preston Road
•Places street against eastern
boundary/residential instead
of buffer yard with screening
Cul-de-sac
•Three Sit-Down Restaurants
with patios approximately
4,800 to 6,000 SF
•Four neighborhood-oriented
retail/service/office
buildings 4,500 to 12,200 SF
•Two open space lots
•Limited scale of buildings
•One-story in height
•Limited permitted uses
NEIGHBORHOOD SERVICES
USE PROGRAM
•Conveying 2.44 acres
•Building scale and location changes
•Permitted uses
•Separate residential drive
•Perimeter screening and wall
•Re-located parking/dumpster
•Sensitivity to Lot 8 trees
Additional Land Uses Eliminated Since Last Public Hearing
▪Bed and Breakfast Inn
▪Building Materials Sales/Hardware Store
▪Convenience Store with Gas Pumps (SUP)
▪Day Care Center, Adult
▪Commercial Amusement, Indoor
▪Farmer’s Market
Planned Development
District
1.Limits building height to one story
2.Limits building size
3.Requires open space and screening and
buffering
4.Developer sponsored trail connections
5.Restricts or prohibits uses
6.-No large anchor
-No drive throughs or auto oriented uses
-D.A. will ensure family-oriented businesses
•Current Zoning allows single
family
•By right, this area could be
filled and graded, and trees
removed for home
development
•Proposal would preserve the
treed area
Conclusion
•Preston Road adjacency, shape and topography make residential sub-
optimal
•PD for neighborhood services will ensure compatibility through use and
building limitations and perimeter screening
•Restaurants around amenity pond will only further expand excellent
destination dining options for Prosper --walk or drive to site
•Greater than 2 times as much tax value from proposal vs. single family
•Single family development would create inferior residential properties,
located closer to adjacent properties, and loss of open space and trees
•Concessions to neighbors
•Town staff support
Estimated Sales Tax & Ad Valorum Values
9/13/2022
TAXABLE PORTION
Building 1 Restaurant 6,000 SF 3,500,000$ 3,850,000$ 4,427,500$ 5,091,625$ 5,855,369$ 6,733,674$ 29,458,168$
Building 2:
Retail 10,800 SF 3,996,000$ 4,395,600$ 4,835,160$ 5,318,676$ 5,850,544$ 6,435,598$ 30,831,578$
Retail 7,500 SF 2,625,000$ 2,887,500$ 3,176,250$ 3,493,875$ 3,843,263$ 4,227,589$ 20,253,476$
Office/Medical 5,000 SF 1,100,000$ 1,210,000$ 1,331,000$ 1,464,100$ 1,610,510$ 1,771,561$ 8,487,171$
Building 3 Office 4,900 SF 98,000$ 107,800$ 118,580$ 130,438$ 143,482$ 157,830$ 756,130$
Building 4 Retail 4,550 SF 1,251,250$ 1,376,375$ 1,514,013$ 1,665,414$ 1,831,955$ 2,015,151$ 9,654,157$
Building 5 Restaurant 5,400 SF 2,750,000$ 3,025,000$ 3,327,500$ 3,660,250$ 4,026,275$ 4,428,903$ 21,217,928$
Building 6 Restaurant 4,800 SF 3,250,000$ 3,575,000$ 3,932,500$ 4,325,750$ 4,758,325$ 5,234,158$ 25,075,733$
RETAIL TAXABLE SALES 18,570,250$ 20,427,275$ 22,662,503$ 25,150,128$ 27,919,722$ 31,004,462$ 145,734,339$
OTHER REVENUES -$ -$ -$ -$ -$ -$
TOTAL TAXABLE REVENUE 18,570,250$ 20,427,275$ 22,662,503$ 25,150,128$ 27,919,722$ 31,004,462$ 145,734,339$
SALES TAX at 2.0%371,405$ 408,546$ 453,250$ 503,003$ 558,394$ 620,089$ 2,914,687$
Ad Valorum Property Value 48,950 13,461,250$ 13,797,781$ 14,142,726$ 14,496,294$ 14,858,701$ 15,230,169$
Property Tax Value to PISD 224,803$ 230,423$ 236,184$ 242,088$ 248,140$ 254,344$ 1,435,982$
12 Single Family Residences Initial Home
Values 2024 2025 2026 2027 2028 TOTAL
$13,200,000 $13,860,000 $14,553,000 $15,280,650 $16,044,683 $16,846,917
Ad Valorum Property Tax to PISD $192,720 202,356$ 212,474$ 223,097$ 234,252$ 245,965$ 1,310,865$
TOTAL
Taxable Sales and Sales Tax Estimates for Years 2015 through 2021
Tenant Initial Sales
Volume 2023 2024 2025 2026 2027 2028
Permitted Uses
▪Administrative, Medical or Professional Office
▪Alcoholic Beverage Sales, Lots 1 and 5 only
▪Antique Shop
▪Artisan’s Workshop
▪Bank, Savings and Loan, or Credit Union, Lots
1-7 only
▪Beauty Salon, Barber Shop, Lots 1-5only
▪Business Service, Lots 1 –5 only
▪Child Care Center, Licensed, only one
permitted in PD, Lots 2, 3 and 4 by SUP only
▪Dry Cleaning, Minor
▪Furniture, Home Furnishings and Appliance
Store, Lot 3
▪Health/Fitness Center, Lots 1-4
▪Insurance Office, Lots 1-5
▪Message Therapy, Licensed, Lots 1-5
▪Print Shop, Minor, Lots 1-5
▪Restaurant, Lots 1-7 only (May include
outdoor entertainment in Lots 1, 6, and 7
provided speakers face west away from the
single family residential to the east.)
▪Retail Stores and Shops, Lots 1-7
▪Retail Service, Indoor, Lots 1-7 only
▪Retail/Service Incidental Use, Lots 1-7
▪School, Private
▪Theatre, Neighborhood, Lot 3 by SUP only
Eastern Property Line -Site Section
BRADY COX
PROPERTY
Section A-A
Section B-B
PREVIOUS PROPOSAL
Concessions made since November Council Meeting
•Conveying 2.44 acres of land to Brady Cox to incorporate into his residential property
•Created separate residential driveway for Brady Cox vs. easement via commercial development
•Agreed to further eliminate land uses, particularly for most eastern buildings
•Decreased the scale of Building 3; broke up two buildings into three
•Re -located office building from east side of Emerald Trace to west side
•Added masonry wall and evergreen plant material along eastern perimeter
•Preserving trees in Lot 8; trail design sensitive to neighbors –tree preservation
•Re-located parking and “back of house” operations away from northeast corner
Traffic Considerations
Proposed deceleration lane -northern entry
Existing deceleration lane -Saint Peter
•Scale will generate largely local traffic
•Capturing existing traffic at rush hour
•Office off sets restaurant traffic
Neighborhood Engagement
•On-site meeting in Spring of 2022; continued discussions in 2023
-Homeowner rep. from The Montclair
-Homeowners on Wichita cul-de-sac
-1570 Preston Road homeowner
•Prosper Lake on Preston HOA President; correspondence, sent exhibits for review
•Direct letters with site plan hand delivered to the closest six homes on Dublin Ridge
Wooded Area –Southwest of Wichita
BEFORE DEVELOPMENT AFTER DEVELOPMENT
Retail Demand
“Jerry Jones to add Target to its Gates of Prosper
retail center in Prosper”
-Real Deal, March of 2022
“We finished 250,000 square feet during COVID, and
most of it is leased up,” Hickman said.
Joe Hickman, GM of Blue Start on Gates of Prosper
–Dallas Morning News, March of 2022
Prosper’s annual population growth –9 to 13% per year
-Prosper EDC, January 2022
Current vs. Proposed Zoning –Building Height
ATTRIBUTE CURRENT SF ZONING PROPOSAL
MAXIMUM NUMBER OF
STORIES
2.5 1
MAXIMUM BUILDING
HEIGHT
40 FEET 30 FEET; 22 FEET
PRESERVATION OF OPEN
SPACE AT PERIMETERS
NO YES
PRESERVATION OF
TREES
NO YES
What is an easement?
Answer: An easement is a non-possessory interest in a portion of real property. The
person who holds the easement rights does not own the land that is subject to the
easement.Ownership remains with the landowner. However, the easement allows
another person to use the land.
Single Family –
By Right
•50-foot wide street along Brady
Cox lot; no screening
•18 lots
•Homes built on Lot 6 and 18
currently planned as perpetual
open space
•Residential heights up to 40
feet
•No guaranteed protection of
trees
•Inferior lots on Preston, loss of
pond proposal
Agenda Item 10.
Consider and act to adopt the Priorities of the Prosper Town
Council from the Council Strategic Visioning Event held on
February 18 and March 20,2023.(MC)
Discussion:Town Council developed five (5)strategic visioning
priorities:
Short-term priorities:
•The acceleration of infrastructure:
•Work w/the Capital Improvement Subcommittee
•Utilize all financial methods (bonds,CO’s,capital dedicated fund,etc.)
•The development of Downtown Prosper as a destination
•Collaborate with the Downtown Business Alliance,Citizen Engagement
Committee,Prosper EDC to implement Downtown Master Plan elements.
•Public and private developments,events,entertainment,restaurants,retail.
Five (5)strategic visioning priorities:(Cont’d)
•Ensuring that the Town’s commercial corridors are ready for development:
•That US Highway 380 and Dallas North Tollway are primed and ready.
•Develop and enact long-term strategies that address land use,landscaping,
lighting,and traffic.
•Prioritize infrastructure to meet development demands.
•Continue to provide excellent municipal services:
•Strive towards being a high-performing organization.
•Town services to be looked at for continuous improvement,best practices,and
benchmarking.
•Provide the financial resources that support these goals.
Five (5)strategic visioning priorities:(Cont’d)
•Work towards a growing and diversified tax base:
•Collaborate with Prosper EDC and be adaptable to changing market conditions.
•An emphasis on corporate,medical,and life-sciences sectors.
•Utilize metrics to create resiliency strategies against market changes.
Long-Term priorities:
•Continued advancement of short-term items.
•Integrate facilities,programs,and staffing not completed in the short-term.
•CIP Subcommittee planning for a future bond and/or Pay As You Go programs.
Next Steps:
•Council adopt priorities on April 25.
•Priorities are utilized by staff as directives to build the upcoming budget and
beyond.
•Staff workplans are developed to ensure the efforts are delegated,timelines
established,and the reporting of progress.
•Becomes the focus for staff of dedicated resources and time for the foreseeable
future.
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 551.076 -To deliberate the deployment,or specific occasions for implementation of
security personnel,devices,or procedures.
Section 551.071 -To consult with the Town Attorney regarding legal issues associated with
Interlocal and Construction Agreements,and all matters incident and related thereto.
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,Community Engagement Committee,the Comprehensive
Plan Advisory Committee,and all matters incident and related thereto.
The Town Council will reconvene after Executive
Session.
Reconvene into Regular Session and take any
action necessary as a result of the Closed
Session.
Adjourn