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07.11.23Welcome to the July 11, 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 the month of July Parks and Recreation Month. (DB) Consent Agenda Agenda Item 2. Consider and act upon the minutes from the June 27, 2023, Town Council Work Session meeting. (MLS) Agenda Item 3. Consider and act upon the minutes from the June 27, 2023, Town Council Regular meeting. (MLS) Agenda Item 4. Consider and act upon a resolution making written and evidentiary findings relative to the denial of a request from Anthemnet for a Specific Use Permit (SUP) for a commercial antenna on the south side of Prosper Trail west of Preston Country Lane. (TW) Agenda Item 5. Consider and act upon approving the purchase and installation of Mixing Tank Systems from Axis Construction, L.P., through the Sourcewell Purchasing Cooperative; and authorizing the Town Manager to execute documents for the same. (FJ) Agenda Item 6. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Dallas North Tollway Water Line Relocation project. (HW) Agenda Item 7. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Spiars Engineering & Surveying, Inc., and the Town of Prosper, Texas, related to the design of the Preston Road (SH 289) and First Street Dual Left Turn Lanes project. (HW) Agenda Item 8. Consider and act upon approving Change Order Number 02 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit- Custer) 4 Lane project; and authorizing the Town Manager to execute Change Order Number 02 for same. (HW) Agenda Item 9. Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for Temporary Buildings on 8.2± acres, located north of US-380, west of South Teel Parkway. (ZONE-23-0009) (DS) The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of a SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? 2. Are the activities requested by the applicant normally associated with the requested use? 3. Is the nature of the use reasonable? 4. Has any impact on the surrounding area been mitigated? 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 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. Aggressive Dog Attack Incidences Star Trail Community Residents, Prosper, TX Approximate location of dog attack incidences Victims of Dog at 1001 Grassy Shore Ln, Prosper Shailesh, Abhilasha and Lacey Awasthy Taylor and Darby Moody Jerry, Barbara and Mandy Nugent Anonymous Victim Ryan and Remey Introduction In Star Trail community there were at least 5 known victims affected by this aggressive dog living at 1001 Grassy Shore lane. The dog owner promised to relocate the dog after each of recent incidents but unfortunately still no action has been implemented. This ferocious dog is a big threat to the residents and pets in this community. On 3rd July, 2023 this unleashed dog, who was left lose in the open front yard almost killed Lacey if not for intervention from Shailesh and Abhilasha who got dog bites and other injuries in the process to save their dog. This repeated negligence must stop and dog must be removed from the neighborhood permanently. Representative picture of American Bully Dog One of the Victim Dog Lacey Victim 1 SHAILESH AWASTHY ABHILASHA AWASTHY DOG: LACEY AWASTHY Incident Detail OSAMPLE FO TER TEXT 5 ▪Date and location : 07/03/2023. Drive way of 1011 Grassy shore ln, Prosper ▪Incidence: Shailesh and Abhilasha Awasthy took their leashed dog out for walk. The neighbor’s dog at 1001 Grassy Shore ln was unleashed and out in open, attacked their dog and maul it. ▪Injuries to the victim dog: Severe Teeth puncture to the stomach and back ▪Injuries to human: Dog bite on left thumb and right hand of Shailesh Awasthy and several other bruises to both Shailesh and Abhilasha Awasthy Dog bite Punctured through the nail Dog bitesDog bite Punctured the stomach and back Victim 2 TAYLOR MOODY DOG: DARBY MOODY Incidence Detail ▪Date and location : June, 2023. On Grassy Shore ln, Prosper ▪Incidence: Taylor Moody took his leashed dog out for walk. The dog that resides at 1001 Grassy shore ln Smoke broke off his leash while tethered in the Poston’s garage and aggressively tried to dominate his dog Darby. Taylor eventually managed to pull Smoke off Darby by the collar. Smoke eventually subdued and Taylor escorted Smoke to the Poston’s garage door entering the house where he was assisted by Jason. ▪Injuries to the victim dog: After full veterinary evaluation, Darby had teeth punctures to the leg and chest, scrapes from Smoke’s paws, and burns from Darby’s leather leash ▪Injuries to human: Abrasions on knees from the street while trying to pull Smoke off Darby. Victim 3 ANONYMOUS DOG: ANONYMOUS Incidence Detail ▪Date and location : April, 2022. Over Grassy shore ln, Prosper ▪The dog reportedly got head punctured and got eye hemorrhage ▪The victim does not want to be identified and come forward to report. Victim 4 JERRY NUGENT DOG: MANDY NUGENT Incidence Detail Tuesday, February 2, 20XX SAMPLE FOOTER TEXT 11 ▪Date and location : 07/04/2022. Drive way of 1011 Grassy shore ln, Prosper ▪Incidence: Nugents were sitting on their drive way watching 4th July town firework. Their dog Mandy was in leash sitting with them when this veracious dog residing at 1001 Grassy shore ln charged violently towards Mandy. Jerry Nugent who is owner of Mandy got hold of Smoke’s collar and in the process got dragged for several feet. Thanks to effort from Jerry and another resident of the community Mandy was spared physical interaction by a mere few inches. ▪Injuries to the victim dog: Mandy stayed scared of coming out of home for serval days after the incidence ▪Injuries to human: Jerry got bruises and serious aberrations on his both fore arms trying to restrain Smoke from attacking Mandy Victim 5 RYAN XX DOG: REMEY Incidence Detail ▪Date and location : Dec, 2021. Walkway of Amenity Center of Star Trail, Prosper close to kids playground ▪Incidence: Ryan and Remey were returning from their walk. While they were on side walk of the amenity center close to bicycle rack, Smoke broke off of the leash tied to the bicycle rack and attacked Remey. ▪Injuries to the victim dog: Smoke managed to bite the ear of Remey away and tried to maul it. ▪Injuries to human: Ryan got tangled to his own dog’s leash and got thrown to the ground. In the process he injured his lower leg. Tuesday, February 2, 20XX SAMPLE FOOTER TEXT 14 214 Star Trail Residents have signed the petition so far Thank You Regular Agenda 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. Agenda Item 10. 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 1.Triggers regarding townhomes, retail building and street section. 2.A property owner’s association (POA) shall be approved by town staff. 3.Created separate definitions and requirements on apartments and condominiums. 4.Revised the required percentage of non-residential on the first floor within the highway subdistrict and specifically requires retail uses to encourage vibrant uses within the mixed-use development. 5.Setback on Apartment buildings 6.Uses and standards in conformance with Dallas North Tollways Design Guidelines 7.The applicant reduces the density from 830 units to 730 units and specifically calls out allowance on apartments and condominiums (for sale product). 8.Minimum heights for certain uses 9.Provided architectural standards and design guidelines. 10.Minimum and maximum density for Townhomes With this zoning request 730 units may be added to bring the total number of units to 6,990 units. Majority of those units are along the Tollway. Triggers – The applicant has proposed the following triggers: •The development of the entire townhomes (at least 42 townhome units) in the Neighborhood Sub-District will have certificates of occupancy prior to commencing work within the Highway Sub-District. •The development of one minimum retail building as identified on Exhibit D.2 as either Lot 4 or Lot 2, Block 1 shall have completed slab construction prior to commencing any other work in Highway Subdistrict. •Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and 2. One minimum retail building Building Height The maximum building height allowed by the Zoning Ordinance is two (2) stories in the Commercial District. However, the Dallas North Tollway Design Guidelines allows up to twelve (12) stories along the tollway. Proposal Maximum building height: twelve (12) stories Townhomes: Maximum three (3) stories Neighborhood Commercial: Maximum three (3) stories The applicant has proposed minimum building height by use type: a. Office: four (4) stories. b. Multifamily i. Apartments: four (4) stories. ii. Condominiums: four (4) stories. c. Hotel: four (4) stories d. Retail: one (1) stories. The applicant is proposing materials such as brick, natural and manufactured stone, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise of at least seventy-five percent (75%) of each elevation, exclusive of doors and windows. Where cementitious panel is applied, it shall be limited to no more than 50% of a building’s material. Non-primary, or secondary materials, may include stucco and metal panel systems. Where Multifamily is concerned, primary materials shall be limited to brick, natural and manufactured stone, and cementitious panel system. Many of the building setbacks in the highway and neighborhood sub- districts have been reduced or removed in order to allow the proposed mixed-use development to conform to Exhibit D. All apartment buildings shall have a setback of 250’ from the Dallas North Tollway. The building setbacks in the neighborhood sub-district reflect the typical “suburban” setting of the townhomes and commercial development Design Guidelines The applicant is proposing specific design guidelines to address the pedestrian-oriented mixed-use development in the highway and neighborhood sub-districts. Parking Standards Due to the urban/walkable setting, the applicant is proposing a mixed-use reduction of 20% shall be applied to the overall development except for townhomes. Landscaping The applicant is proposing specific design guidelines to address the pedestrian-oriented mixed-use development in the sub-districts. The applicant has also incorporated Dallas North Tollway Guidelines within the development standards. Open Space Due to the unique design of the development, the applicant is proposing minimum 20% which includes landscape easements, setbacks, public plazas, and detention ponds. 2022 Dallas North Tollway Design Guidelines – •Per the guideline, “Multi-family Developments - 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. If multi-family housing is part of a development proposal that includes businesses and/or amenities described in Section F. “Business Establishments Pursuant to the Town’s Vision” increased density may be permitted. It is highly recommended that multi-family units be designed with structure parking as opposed to surface parking.” 2022 Dallas North Tollway Design Guidelines Applicant’s Presentation 7/12/2023Prosper, Texas Prosper Mixed-Use Master Plan – Preliminary Concept for Zoning R. Andrew Bennett Reg. No. 18129 PRADERA Placemaking on the Prairie | Prosper, Texas 7/12/2023Prosper Mixed-Use Master Plan 6 6 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT A Town of Prosper Project No: _______Z22-0019 FRONTIER PARKWAY PROSPER TRAIL 7/12/2023Prosper Mixed-Use Master Plan 6 7 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT A N Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 6 8 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT A N Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 6 9 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA 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, recreatio nal, 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 landsca ping, 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 deta il 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 s hould 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. 7/12/2023Prosper Mixed-Use Master Plan 7 0 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA 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. 7/12/2023Prosper Mixed-Use Master Plan 7 1 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D N Town of Prosper Project No: _______PRELIMINARY SITE PLAN Neighborhood Sub-District Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 7 2 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D N Town of Prosper Project No: _______PRELIMINARY GROUND PLANE Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 7 3 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D Town of Prosper Project No: _______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. PRADERA USE ANALYSIS Total Land Acreage 34.70 Total Land Square Feet 1,511,488 Total Developed Square Feet 1,405,189 FAR 1.0 approx. Office Stories Floor SF Total 28% Retail Stories Floor SF Total 10% Hospitality Keys Unit Size Total 10% Multifamily Units [MAX]Unit Size Total 46% Apartments 500 892 446,000 Condominiums 230 892 205,160 Total 730 651,160 Townhomes Units Unit Size Total 6% 7/12/2023Prosper Mixed-Use Master Plan 7 4 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA 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 7/12/2023Prosper Mixed-Use Master Plan 7 5 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D2 N Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 7 6 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D3 N Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 7 7 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT D4 N Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 7 8 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA Jefferson Alpha West Farmers Branch The Kelton At Clearfork Fort Worth Legacy West Mixed-Use Plano The Domain Austin Material Mix 7/12/2023Prosper Mixed-Use Master Plan 7 9 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA Granite Park Hilton Plano Legacy West Mixed-Use Plano Cityline Retail Plano Granite Park Office Plano Material Mix 7/12/2023Prosper, Texas Prosper Mixed-Use Master Plan – Preliminary Concept for Zoning R. Andrew Bennett Reg. No. 18129 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 7/12/2023Prosper Mixed-Use Master Plan 8 1 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 OVERALL 7/12/2023Prosper Mixed-Use Master Plan 8 2 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 MAIN INTERSECTION 7/12/2023Prosper Mixed-Use Master Plan 8 3 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT F TOWN SQUARE LOOKING SOUTH EXHIBIT F Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 8 4 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 HOTEL 7/12/2023Prosper Mixed-Use Master Plan 8 5 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA EXHIBIT F EXHIBIT F Town of Prosper Project No: _______Z22-0019 STREET VIEW 7/12/2023Prosper Mixed-Use Master Plan 8 6 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA 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 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 society. •10+ year’s experience in Texas •$1B in transactions •$2B new development project in pipeline •$200M equity raised during COVID •Working relationship with PE firms and multibillion dollar operators, including Crowe and KnightVest. 7/12/2023Prosper Mixed-Use Master Plan 8 7 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA Notable Updates and Developer Concessions in Exhibit C Since P&Z Meeting 2/7/2023 •Enhanced commitment to development triggers to begin work in Highway Sub-District •All townhomes to have certificate of occupancy •1 retail building underway •POA shall be approved by staff •Further defined multifamily as condos and apartments •Set restrictions for maximum quantities and unit mix •Defined retail and tied locations to the site plan (Exhibit D). •Increased screening requirements above standard ordinance, at both ground level and roof top level. •Adopted building height minimums to secure density. •Clearly defined materials and further limited materials for multifamily. •Increased masonry percentages for multifamily and townhomes. •All permitted uses comply with Dallas North Tollway Design Guidelines •Further restricted uses for compatibility with Pradera site plan. •Included a minimum and maximum for allowable townhome unit quantity. •Included detailed design guideline for multifamily buildings that govern such items as form, massing, openings, alignment and projections. •Added hotel characteristics to align with the City of Prosper Conditional Use standards and limited hotel type to “full-service” only. 7/12/2023Prosper Mixed-Use Master Plan 8 8 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA Schedule - Preliminary Off-Site Infrastructure •Dallas North Tollway •From US 380 to FM 428 in Celina •Start 2024 / Complete 2027 •Shawnee Trail •~1,000 LF extension to future Capital Improvement Plan by City of Prosper •Start 2024 / Complete 2026 •On-Site Infrastructure •Start 2026 7/12/2023Prosper Mixed-Use Master Plan 8 9 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA FINANCIAL BENEFIT Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 9 0 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA Taxes based on gross annual sales: Retail: $81.2MM Hotel: $14.6MM FINANCIAL BENEFIT Town of Prosper Project No: _______Z22-0019 7/12/2023Prosper Mixed-Use Master Plan 9 1 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA RECOMMENDATIONS Town of Prosper Project No: _______Z22-0019 Planning & Zoning Recommendation: Approved unanimously at the June 20th public hearing. Dallas North Tollway Guidelines:Town Staff Recommendation: 7/12/2023Prosper Mixed-Use Master Plan 9 2 PRADERA Placemaking on the Prairie | Prosper, Texas PRADERA THANK YOU Agenda Item 11. Discuss and consider Town Council Subcommittee reports. (DFB) 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. 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