12.12.23Welcome to the December 12, 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 to the Town of Prosper for the Award for Excellence
in Financial Reporting form the Government Finance Officers
Association of Texas (GFOA). (CL)
Consent Agenda
Agenda Item 2.
Consider and act upon the minutes from the November 28, 2023,
Town Council Work Session meeting. (MLS)
Agenda Item 3.
Consider and act upon the minutes from the November 28, 2023,
Town Council Regular meeting. (MLS)
Agenda Item 4.
Consider and act upon awarding RFP No. 2024-03-B for stop loss
insurance for the Town’s self-insurance fund, effective January 1,
2023, and authorizing the Town Manager to execute all
documents for the same. (JE)
Agenda Item 5.
Consider and act upon approving the purchase of a wastewater
inspection software from ITpipes Opco, LLC, a sole source
provider; and authorizing the Town Manager to execute
documents for the same. (FJ)
Agenda Item 6.
Consider and act upon approving the purchase of water meters
from Core & Main, a sole source provider; and authorizing the
Town Manager to execute documents for the same. (FJ)
Agenda Item 7.
Consider and act upon approving a Master Cooperative
Purchasing Agreement between the Town of Prosper and the
Sheriffs’ Association of Texas for the procurement of vehicles and
authorize the Town Manager to execute documents for same.
(CL)
Agenda Item 8.
Consider and act upon the approval of purchases of new and
replacement vehicles, upfitting and equipment for FY24 utilizing
cooperative purchasing agreements and approved purchasing
methods and authorize the Town Manager or his/her designee to
execute documents related to said purchases. (CL)
Agenda Item 9.
Consider and act upon approving an Interlocal Agreement
between the Town of Prosper and the City of Denton for the
procurement of goods and services and authorize the Town
Manager to execute documents for the same. (CL)
Agenda Item 10.
Consider and act upon accepting the 2023 FY23 COPS Hiring
Program grant award from the Department of Justice (DOJ) Office
of Community Oriented Policing Services (COPS Office). (DK)
Agenda Item 11.
Consider and act upon awarding CSP No. 2024-01-B to DDM
Construction Corporation, related to construction services for the
Preston Road/Prosper Trail Dual Left Turn Lanes and Coit
Road/US 380 Southbound Dual Left Turn projects; and
authorizing the Town Manager to execute a construction
agreement for same. (HW)
Citizen Comments
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 12.
Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, declaring the public necessity to acquire certain water line easements and
temporary construction easements for the construction of the Town’s FM 1461 12-
inch Water Line Relocation project; determining the public use and necessity for
such acquisition; authorizing the acquisition of property rights necessary for said
Project; appointing an appraiser and negotiator as necessary; authorizing the
Town Manager to establish just compensation for the property rights to be
acquired; authorizing the Town Manager to take all steps necessary to acquire the
needed property rights in compliance with all applicable laws and resolutions; and
authorizing the Town Attorney to institute condemnation proceedings to acquire the
property rights if purchase negotiations are not successful. (HW)
Agenda Item 13.
Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, declaring the public necessity to acquire certain wastewater line easements
and temporary construction easements for the construction of the Town’s Upper
Doe Branch Wastewater Line (Teel – PISD Stadium) project; determining the
public use and necessity for such acquisition; authorizing the acquisition of
property rights necessary for said Project; appointing an appraiser and negotiator
as necessary; authorizing the Town Manager to establish just compensation for the
property rights to be acquired; authorizing the Town Manager to take all steps
necessary to acquire the needed property rights in compliance with all applicable
laws and resolutions; and authorizing the Town Attorney to institute condemnation
proceedings to acquire the property rights if purchase negotiations are not
successful. (HW)
Agenda Item 14.
Consider and act upon approval of Raymond Community Park
Guaranteed Maximum Price Contract #1 for Site Preparation and
authorize the Town Manager to execute documents for the same.
(DB)
GMP Bidding Process
•Two Bid Packages
•GMP #1 - Site Preparation
•Bids received November 16
•Request for Town Council Bid Award December 12
•GMP #2 - Site Development
•Out to bid week of January 3
•Bids due February 1
•Request for Town Council Bid Award February 27
Project Schedule
•15 Months
•Project Begins January / February 2024
•Project Completion Spring 2025
Project Budget - $19,800,000
•Design - $1,352,000
•Construction - $18,448,000
Town is working with a Project Controls Firm who is assisting in
cost, scheduling, procurement, and contract review.
GMP #1 – Site Preparation
•Request for Guaranteed Maximum Price Bid Award
(including Owner’s Contingency) of $8,543,475.91
•Original Estimate for GMP #1 was $9,115,721
•Funds will be carried over to second phase of project and used
as contingency and / or for bid alternate items.
Agenda Item 15.
Consider and act upon an ordinance amending Article 3.14 –
Signs of the Town of Prosper Code of Ordinances to modify
certain wall sign and development sign regulations. (DH)
Pictures in the current Sign Ordinance of a wall sign and development sign:
Proposed Amendments:
Agenda Item 16.
Conduct a public hearing to consider and act upon amending
Chapter 2, Section 13 – Multifamily District; Chapter 4, Section 4.3
– Non-residential and multifamily parking provisions; and Chapter
4, Section 8 – Non-Residential & Multifamily Design and
Development of the Town of Prosper Zoning Ordinance to modify
Multifamily development standards. (ZONE-23-0024) (DH)
Multi-Family – Proposed Amendments
1.Limits Multifamily developments to the areas designated for this use in the
Comprehensive Plan and as identified on the Future Land Use Plan.
2.Requires that Multifamily development can only be approved within a
Planned Development.
3.Establishes a minimum density of 40 units per acre.
4. Removes setbacks and lot area requirements, as these can be determined
on a case-by-case basis within the Planned Development standards.
Multi-Family – Proposed Amendments
5.Requires compliance with the Dallas North Tollway Design Guidelines.
6.Increases the maximum height allowance from three stories and 50 feet to
eight stories and 110 feet.
7. Establishes a building configuration for Multifamily structures, requiring a
wrap-around configuration with a central garage surrounded by the
residential units.
Multi-Family – Proposed Amendments
8.Creates a mixed-use opportunity by allowing the first floor of the building
to be used for residential or retail uses. A minimum fourteen feet ceiling
height for the first floor will accommodate retail uses.
9.Limits the height of the interior garage so that it will not exceed the height
of the exterior building, and all associated appurtenances, such as an
elevator shaft or mechanical equipment, shall be completely screened.
10. Modifies parking stall dimensions for structured parking garages from
18 feet by 8.5 feet to 20 feet by 9 feet.
Multi-Family – Proposed Amendments
11. Modifies Multifamily parking standards to reflect the updated parking
garage requirement from individual unit parking garages.
12.Removes Multifamily design and development standards. These criteria
will be addressed in Planned Development standards.
These standards will apply to all future and currently entitled multi-family
developments.
Agenda Item 17.
Conduct a public hearing to consider amending Chapter 3,
Section 1.4 – Conditional Development Standards and Chapter 4
– Development Requirements of the Town of Prosper Zoning
Ordinance to modify requirements related to drive-throughs.
(ZONE-23-0033) (DH)
Amendments to Uses with Drive-Throughs
In the recently updated Comprehensive Plan, drive-throughs were identified as needing further evaluation. The
Comprehensive Plan recommend that the Town revisit its development regulations pertaining to drive-throughs
and proposed six possible regulations. After evaluating the current requirements, Staff is proposing ordinance
amendments that would address a majority of these recommendations. The modifications include the
following:
•Prohibit Restaurants with drive-throughs on adjacent lots.
•Specify the use of evergreen trees (rather than deciduous trees) and shrubs in landscape areas adjacent to
the drive-throughs, stacking and along property lines.
•When requirements are specific to being adjacent to “single family” or “residentially zoned properties,” the
language was modified to specify “residentially zoned properties and areas identified as residential on the
future land use plan.”
•When adjacent to non-residential, those uses that have a drive-in, drive-through, or that require stacking,
will provide a 10-foot wide perimeter landscape area, instead of the current 5-foot wide requirement. This
perimeter landscaping cannot be eliminated. The landscaping cannot be clustered.
•The required 10-foot landscape island around the drive-through is better defined. It should wrap the
entire drive-through, including the stacking and through lanes from the entry to the exit. Landscape
standards were adjusted to require only evergreen trees. Instead of allowing the substitution of all shrubs
for ornamental trees, the standards allow a mix of ornamental trees and shrubs.
•Stacking requirements were separated from loading requirements into its own section.
•Stacking and drive-through lanes are now prohibited from being between a building and an adjacent
street. There is better definition of an escape lane, which is a 9-foot wide lane that provides access around
the entire drive-through, and the 10-foot wide landscape island wraps the outside of the escape lane.
•The section of the ordinance addressing the adjacency of specific automotive uses, drive-through
restaurants, and drive-in restaurants next to residential was modified. First, screening wall and landscape
requirements were moved to the appropriate sections in the ordinance. Second, distance requirements
were addressed. Currently, drive-through and drive-in restaurants are restricted from being within 200
feet of residential property unless the building is between the speaker box and residential property. That
allowance has been removed, meaning that all structures and speaker boxes must be 200 feet from
adjacent residential properties.
Summary of Amendments
Chapter 3, Section 1.4, Subpart 26
Prohibit Restaurants with drive-throughs being on lots adjacent to each
other.
Two adjacent drive-through restaurants at the
northeast corner of Gee Road and University Drive.
Example of a large grouping of drive-through restaurants.
Drive-through restaurants could be separated by another use.
Drive-through restaurants could be adjacent to other uses with drive-throughs.
Example: Northwest corner of Coit Road and University Drive.
Chapter 4, Section 2.6(C)
Non-Residential adjacent to Residential
Typical - 15-foot landscape area with one large tree, three-inch caliper minimum, planted on 30-foot
centers.
No Change
Summary of Amendments
Uses with truck docks or loading spaces
Current:
- 15-foot landscape area
- one evergreen tree, three-inch caliper minimum,
planted on 20-foot centers
- required adjacent to single family property.
Proposed Changes:
- evergreen trees will reach a minimum height of 15
feet.
- required adjacent to all residentially zoned
properties and areas shown as residential on the
future land use plan.
Summary of Amendments
Chapter 4, Section 2.6(C), cont.
Non-Residential adjacent to Residential
Drive-through restaurant, drive-in restaurant, and/or automotive use as
defined in Chapter 4, Section 9.11(A)
Current:
- 15-foot landscape area
- one large tree, three-inch caliper minimum,
planted on 20-foot center
- Minimum 50% of the trees are evergreen
and reach a minimum of 15 feet in height.
- Required adjacent to single family property.
Proposed Changes:
- All trees will be evergreen and will reach a
minimum height of 15 feet so that the screening
is consistent throughout all seasons.
- Clarify that landscaping is required adjacent to
all residentially zoned properties and areas
shown as residential on the future land use plan.
5
Chapter 4, Section 2.6(C)
Non-Residential adjacent to Non-Residential
Summary of Amendments
Proposed Changes:
- a new section is added specifically for all uses containing a
drive-in, drive-through, or that require stacking.
- 10-foot-wide landscape area along the property line
- evergreen tree, minimum three-inch caliper, planted every 15
linear feet so that the screening is consistent throughout all
seasons.
- five-gallon shrub planted every three feet
- no allowance to cluster the trees and shrubs
- the landscape area can be shifted to the edge of a fire
lane/drive aisle
- the 10-foot-wide landscape area cannot be eliminated
(when a drive-through is at the edge of the property line, the
10-foot island around the stacking fulfills this requirement)
Current:
- 5-foot-wide landscape area along the property line
- one small tree and one five-gallon shrub planted
every 15 linear feet
- trees and shrubs may be clustered
- 5-foot-wide area may be shifted or eliminated when
drive-aisles/fire lanes allow access to parking along
the property line, per Staff’s discretion.
- 5-foot-wide area may be eliminated where buildings
attach along a common property line.
5
Shrubs can no longer be clustered. Trees must be evergreen.
The 10-foot
landscape
area could
shift but
cannot be
eliminated as
shown here.
The required 10-foot landscape
island around the drive-through
can serve as the 10-foot-wide
landscape area along the
property line.
Current:
- applies to uses with a drive-in or drive-through
- 10-foot-wide landscape island around the outer edge of the drive-through lane for a minimum distance equal to the length of required stacking.
- evergreen or deciduous trees, minimum three-inch caliper, planted 15-feet on center
- minimum five-gallon shrubs planted three feet on center
- ornamental trees can be substituted for shrubs
- if the landscape island is located on the perimeter of the property, perimeter landscaping requirements may be applied towards this requirement.
Summary of Amendments
Chapter 4, Section 2.6(C)
Landscape island around drive-through
Proposed Changes:
- clarify that the island is required for uses containing a drive-in, drive-through, and those that require stacking
- clarify that the island wraps the entire escape lane/drive-through and not just the stacking (i.e. behind the order point)
- all trees are to be evergreen, minimum three-inch caliper, planted 15 feet on-center.
- there can be a mix of ornamental trees and shrubs; shrubs cannot be completely substituted by ornamental trees
A 10-foot
landscape
island must
wrap the
entire drive-
through.
The island around
the drive-through
must be a full ten
feet in width.
Summary of Amendments
Chapter 4, Section 4.9 & 4.10
Loading space and Stacking Requirements
Proposed Changes:
- creates a new section (Section 4.10) for stacking requirements
- breaks down the standards into individual subsections
- prohibits the stacking and drive-through lanes between the building and the
adjacent street
- escape lanes are better defined and described as a nine foot wide aisle that
provides access around the entirety of the drive-through facility from the point of
entry, around the stacking lane, and to the exit
- landscape standards are mentioned by referencing Chapter 4, Section 2.6(C)
5
The drive-through and
stacking cannot be
between the building and
the adjacent street.
An escape lane is a
full 9-foot-wide lane
that parallels the drive-
through/stacking
Summary of Amendments
Chapter 4, Section 5.2
Location of required screening
Proposed Changes:
- eight-foot screening wall requirement for lots containing drive-through
restaurant, drive-in restaurant, and/or automotive uses were moved from
Chapter 4, Section 9.11 (A) into this section
- clarify that standards apply when adjacent to residentially zoned property or
areas shown as residential on the future land use plan
5
Summary of Amendments
Chapter 4, Section 9.11
Adjacency of certain uses to residential zoning
Current:
- applies when a drive-thru restaurant, drive-in
restaurant, and/or an automotive use, as defined
in this section, are adjacent to residential zoning
- allows buildings and outdoor speakers to be
closer than 200 feet from a residential zoning
district when the building is located between the
speaker box and adjacent residentially zoned
property
- contains landscape and screening wall
requirements
Proposed Changes:
- applies when adjacent to a residential zoning
district and when property is shown as residential
on the future land use plan.
- removes the stipulation that allows buildings and
outdoor speakers to be closer than 200 feet from a
residential zoning district when the building is
located between the speaker box and adjacent
residentially zoned property
- landscape and screening wall requirements are
moved to Chapter 4, Sections 2.6(C) and 5.2(A)
and there is a reference to these sections
5
Agenda Item 18.
Consider and act upon the 2024 Prosper Town Council Regular
meeting schedule. (MLS)
2024 Meeting Dates
•January 9 and 23
•February 13 and 27
•March 12 and 26
•April 16 and 30*
•May 14 and 28 (Memorial Day is May 27)
•June 11 and 25
•July 9 and 23
•August 13 and 27
•September 10 and 24
•October 8 and 22
•November 12 and 26 (Thanksgiving Holiday is November 28 & 29)
•December 10 and 24 (Cancelled)
Agenda Item 19.
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