03.12.24 Town Council Meeting PresentationWelcome to the March 12, 2024,
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 week of March 17-
24, 2024, as National Surveyor's Week. (MLS)
Consent Agenda
Agenda Item 2.
Consider and act upon the minutes from the February 27, 2024,
Town Council Work Session meeting. (MLS)
Agenda Item 3.
Consider and act upon the minutes from the February 27, 2024,
Town Council Regular meeting. (MLS)
Agenda Item 4.
Consider and act upon a resolution accepting the Independent
Audit Report and Annual Comprehensive Financial Report for the
Fiscal Year Ended September 30, 2023, as audited by Weaver
and Tidwell LLP, Certified Public Accountants. (CL)
Agenda Item 5.
Consider and act upon approving the purchase of a multi-factor
authentication (MFA) software platform for staff user accounts.
(LJ)
Agenda Item 6.
Consider and act upon authorizing the Town Manager to execute
a Contract for Services between the Town of Prosper and V&A
Landscape and Lawn to provide median maintenance services on
Custer Road from US Highway 380 to frontier Parkway. (DB)
Agenda Item 7.
Consider and authorize final payment to Coach Specialists of
Texas, Inc., for the repair of a 2020 Ford Transit Cargo Van. (CE)
Agenda Item 8.
Consider and act upon authorizing the Town Manager to execute
a Professional Services Agreement between Teague Nall and
Perkins, Inc., and the Town of Prosper, Texas, related to the
design of alley and parking improvements in downtown Prosper.
(CE)
Agenda Item 9.
Consider and act upon authorizing the Town Manager to execute
Contract Amendment No. 3 to the Professional Engineering
Services Agreement, between TranSystems Corporation dba
TranSystems Corporation Consultants, and the Town of Prosper,
Texas, related to the design of the US 380 Deceleration Lane
Modifications project. (HW)
Agenda Item 10.
Consider and act upon authorizing the Town Manager to execute
a Professional Services Agreement between O’Brien Realty
Advisors, LLC, and the Town of Prosper, Texas, related to
appraisal services for the Craig Road (Preston Road-Fifth Street)
project. (HW)
Professional Services Agreement for
Appraisal Services
$45,500.00
Recommendation:
O’Brien Realty Advisors, LLC
#1
#2
#3 #6
#7
#13 #9
#10
#8
#11
#12 #5#4
#
#
#
Right-of-way
Right-of-way & Easement
Easement
Craig Road First StreetBroadway Street Fifth Street
Agenda Item 11.
Consider and act upon authorizing the Town Manager to execute
a Professional Services Agreement between Matrix Consulting
Group, Ltd., and the Town of Prosper, Texas, related to the
Updated Assessment of the Development Review Process
project. (CE)
Agenda Item 12.
Consider and act upon authorizing the Town Manager to execute
a Contract for Personal Services between Universal Field
Services, and the Town of Prosper, Texas, related to easement
acquisition services for the FM 1461 12-inch Water Line
Relocation project. (HW)
Agenda Item 13.
Consider and act upon authorizing the Town Manager to execute
the First Amendment to the Roadway Impact Fee Agreement
between DNT Frontier, LP, and the Town of Prosper, Texas,
related to the construction of the DNT Backer Road to serve the
DNT Frontier Retail Center development. (HW)
Agenda Item 14.
Consider and act upon authorizing the Town Manager to execute
the First Amendment to the Water Impact Fee Agreement
between DNT Frontier, LP, and the Town of Prosper, Texas,
related to the construction of a water line to serve the DNT
Frontier Retail Center development. (HW)
Agenda Item 15.
Consider and act upon the appointment of members to the Capital
Improvements Advisory Committee, relative to the update of the
Town’s Impact Fee Ordinance, as required by Chapter 395 of the
Texas Local Government Code. (HW)
Agenda Item 16.
Conduct a public hearing and consider and act upon a request to
amend the number of contiguous units that constitute a row of
Townhomes in Planned Development-111 (PD-111 ), Ordinance
No. 2021-52, located north of US 380 (University Drive) and west
of Lakewood Drive. (ZONE-24-0003) (DH)
Proposal
Planned Development-111 Amendment:
•Current PD Regulations
•Maximum number of Townhome units in a row is seven (7) and is silent regarding the
minimum number of attached units.
•When a Planned Development is silent regarding a standard, the Zoning Ordinance takes
precedent.
•Zoning Ordinance
•Townhome is defined as “a structure located on a lot with fee simple ownership and
containing three to eight dwelling units with each unit designed for occupancy by one
family and each unit attached to another by a common wall”.
History
Planning & Zoning Meeting:
•Project
•Preliminary Plat (D22-0003) approved by the Planning & Zoning
Commission on March 1, 2022 by a vote of 6-0.
•154-Lot Townhome Subdivision
•Staff Report
•“Townhome units in this development consist of two (2) attached units per
building.”
History
Planning & Zoning Meeting:
•Vote (Approved 6-0)
•Brandon Daniel, Chair
•Sarah Peterson, Vice-Chair
•Mike Pettis, Secretary
•Doug Charles
•Damon Jackson
•Chris Kern
Revision
Planned Development-111 Language:
•Current Text
•“Maximum Adjoined Units: Buildings shall be a maximum of seven (7)
connected residential units with a minimum of fourteen feet (14’) of
separation between buildings.”
•Proposed Amendment
•“Minimum and Maximum Adjoined Units: Buildings shall be two (2) to
seven (7) connected residential units with a minimum of fourteen feet (14’)
of separation between buildings.”
Planning & Zoning Commission
Recommendation:
•Approval (7-0)
Conclusion
Notices:
•Friday, February 23rd
Citizen Response:
•The Planning Division received one phone call from a citizen with questions
about the rezoning.
Recommendation:
•Approval
Agenda Item 17.
Consider and act upon an ordinance granting a Specific Use
Permit (SUP) for Retail Stores and Shops, Dry Cleaning, Minor,
and Gymnastics/Dance Studio uses, with building size and
placement as shown on the Site Plan, Exhibit "B," and a living
screen as shown on the Landscape Plan, Exhibit "C," on 3.6±
acres on Windsong Ranch Office Addition, Block A, Lot 2, located
south of Parvin Road and east of North Teel Parkway. The
property is zoned Planned Development-103 (PD-103) Windsong
Ranch Office. (ZONE-23-0023) (DH)
Agenda Item 18.
Consider and act upon authorizing the Town Manager to execute
a Development Agreement between SKS Prosper Teelpkwy Retail
Holdings, LLC, and the Town of Prosper relative to Windsong
Ranch Office Addition, Block A, Lot 2. (DH)
Agenda Item 19.
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
Preliminary Site Plans and Site Plans. (DH)
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 20.
Conduct a public hearing and consider and act upon a request for
a Specific Use Permit (SUP) for a Child Care Center, Licensed
use on 9.7± acres, on Collin County School Land Survey, Abstract
147, Tracts 145, 168, and 172, located 305± south of First Street
and the east side of Church Street. (ZONE-23-0035) (DH)
Surrounding Area
Zoning Current Land Use
Subject Property Single Family-15 House of Worship
(First Baptist Church)
North Downtown Office Family Resource Center
(Prosper ISD)
East Single Family-15 Elementary School
(Rucker Elementary)
South Planned Development-67
(Single Family-10)
Vacant
(Starview Phase 1)
West Planned Development-67
(Single Family-10)
Vacant
(Starview Phase 2)
Proposal
Specific Use Permit:
•Licensed Child-Care Center
•Conducted out of both the main building and the portable building.
•Temporary Building
•The portable building is also used for church purposes.
Zoning Ordinance
Child Care Center, Licensed:
•Specific Use Permit required for licensed childcare center not operated by an
independent school district.
Temporary Buildings:
•Temporary buildings are permitted by right for houses of worship. They
require a Specific Use Permit for a private use.
•Permits for house of worship temporary buildings last for three years.
•A one-year extension can be granted at the end of the three-year term.
History
Child Care Center, Licensed:
•First Friends Preschool in operation since 2016.
Temporary Building:
•First permitted in 2016 and then again in 2019.
•One-year extension granted in 2022.
Determination:
•In 2023, Staff determined a Specific Use Permit would be required for the
licensed child-care center.
Specific Use Permit Criteria
Evaluation:
•1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
•Yes, adjacent educational uses show consistency with surrounding uses.
•2. Are the activities requested by the applicant normally associated with the requested use?
•Yes, other churches (United Methodist, St. Paul’s, St. Martin, etc.) have a SUP for similar uses.
•3. Is the nature of the use reasonable?
•Yes, this is shown by consistency with surrounding uses and common association with churches.
•4. Has any impact on the surrounding area been mitigated?
•Yes, the expiration date should cause the permanent structure to be constructed within that time.
Conditions
Staff Recommendations to Planning & Zoning:
•Condition 1
•The Specific Use Permit will expire two years after Town Council approval.
•Condition 2
•The temporary building will be removed once the Specific Use Permit expires.
•Condition 3
•Upon expiration of the Specific Use Permit, a one-year extension may be granted by the
Planning & Zoning Commission if progress has been made.
Planning & Zoning Commission
Recommendation:
•Approval (7-0) subject to the following condition(s)
•The Specific Use Permit will expire two years after Town Council approval.
Conclusion
Notices:
•Friday, February 9th
Citizen Response:
•None
Recommendation:
•Approval
Agenda Item 21.
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.
Section 551.071 – To consult with the Town Attorney regarding Chapter 42 of the
Texas Local Government Code and Extraterritorial Jurisdiction land use and
development issues, and all matters incident and related thereto.
Section 551.074 - To discuss and consider personnel matters, including the
annual evaluation of the Town Manager, Town Attorney and the Municipal Judge,
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