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20211214Welcome to the December 14, 2021, 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 of recent and upcoming events. Agenda Item 1. Consider and act upon the minutes from the November 23, 2021, Town Council meeting. (MLS) Agenda Item 2. Receive the October Financial Report. (BP) Agenda Item 3. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Craig Road (Preston Road –Fifth Street) project. (HW) Agenda Item 4. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Dallas Parkway 12” Water Main (Prosper Trail to Frontier Parkway) project. (HW) Agenda Item 5. Consider and act upon a request for an ordinance for a Specific Use Permit (SUP) for Incidental Outside Merchandise Display at an existing Convenience Store with Gas Pumps (7-Eleven), on 1.4±acres, in the Victory at Frontier development, located on the southwest corner of Preston Road and Frontier Parkway. (S21-0003). (AG) Agenda Item 6. Conduct a public hearing and consider and act upon a request to rezone 163.2±acres, from Planned Development-90 (PD-90) to Planned Development (PD), to facilitate the development of a single-family residential subdivision with private social club, located on the north side of First Street, east of Coit Road. (Z20- 0021). (AG) Agenda Item 7. Consider and act upon an ordinance rezoning 9.1± acres from Office (O) to Planned Development-Office (PD-O), to allow for a Veterinarian Clinic and/or Kennel, Indoor as a permitted use, located on the north side of Fishtrap Road, west of Legacy Drive. (Z21-0011). (AG) Agenda Item 8. Consider and act upon authorizing the Town Manager to execute the First Amendment to the Interlocal Agreement between Collin County, the Town of Prosper, and the City of Celina concerning the design and construction of Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289). (HW) Agenda Item 9. Consider and act upon authorizing the Town Manager to execute the First Amendment to the Development Agreement between PR Ladera LLC, and the Town of Prosper, Texas, related to the Brookhollow Ladera development. (RZ) Agenda Item 10. Consider and act upon awarding RFP No. 2022-12-B for stop loss Insurance for Town self-insurance fund, effective January 1, 2022, and authorizing the Town Manager to execute all documents for the same. (JE) Agenda Item 11. Consider and act upon whether to direct staff to submit a written notice of appeal 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 Site Plan or Preliminary Site Plan, including Brookhollow Ladera, Prosper United Methodist Church, 7-Eleven Parking Expansion (Victory at Frontier), and Windsong Ranch Marketplace. (AG) 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 Meeting Appearance Card” and submit it to the Town Secretary prior to the meeting or address the Council via videoconference or telephone. 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. 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 12. Conduct a public hearing and consider and act upon a request for a Sign Waiver at 511 E. Broadway Street, regarding downtown signs for Lifelong Insurance, located on the north side of Broadway Street, at the terminus of Field Street. (MD21-0012) (AG) Agenda Item 13. Conduct a public hearing to consider and act upon a Town request for a Sign Waiver on behalf of 102 E. Broadway Street (Famous in Oregon), regarding a banner sign to be located at 105 N. Coleman St. (KD) Sign Waiver Request –102 E. Broadway-Famous in Oregon Banner Sign Request-To be located on the fence at 105 N. Coleman Famous in Oregon Sign Location Sign Ordinance for Banner Signs Section 1.12.A.2 “All four(4) corners shall be securely attached to the front, side, or rear surface of a building, excluding banners located on public school property.” Agenda Item 14. Consider and act upon an ordinance amending Chapter 6, “Health and Sanitation”, of the Code of Ordinances by repealing existing Article 6.04., “Food, Food Establishments, Mobile Food Units, and Temporary Food Establishments” and replacing it with a new Article 6.04, Food, Food Establishments, Mobile Food Units, And Temporary Food Establishments.” (MB) Article 6.04, Food, Food Establishments, Mobile Food Units and Temporary Food Establishments •Texas Administrative Code- Chapter 228, Title 25 •Texas Food Establishments Rule (TFER) •Federal Law (FDA) Strengthening Our Local Health Ordinance •Protection of public health •Elevate and promote uniformity of Prosper’s code with surrounding municipalities, state law and federal law. •Comprehensive and progressive food program •Education, training and oversight Reducing potential for food borne illnesses Key Changes of the Ordinance New Definitions: •Certified food manager •Conditional employee •Food •Food employee •Foodborne illness •Imminent Health hazard New Sections included •Catastrophe/Imminent health hazard •Pests and Pesticides •Retention of Records •Handwashing & water temperature •Physical Facilities •Dogs in Outdoor Dining Areas •Inspections-Score •Certified food protection manager and food handler requirements •Procedure when infection is suspected •Employee health •Physical Facilities Agenda Item 15. Conduct a public hearing to discuss and consider the Dallas North Tollway (DNT) Design Guidelines Project. (KD) Dallas North Tollway Corridor Future Development Town of Prosper –Regular Meeting of the Town Council December 14, 2021 Agenda ❖Recap-How did we get here? ❖Purpose and Intent of the Guidelines ❖Review of Outreach Efforts ❖Components of the Guidelines ❖Recommended Amendments ❖Next Steps Recap-How did we get here? Catalyst for the Design Guidelines •Sept/Oct’ 20, Exploration of different alternatives to establish a vision began •We only have 3 miles of DNT Frontage •High quality, attractive development •Define the character of development Desires for DNT Corridor •d •Preliminary Conversations-Mayor and Council members expressed interests in future potential of the DNT Enhanced Landscaping Existing Conditions of the DNT DNT Corridor -Existing Conditions Acreage Undeveloped Land Under Construction Developed Existing Conditions Acreage Undeveloped Land 1,128.19 Under Construction 14.23 Developed 108.76 Excludes Right-of way and flood zone areas 90% Undeveloped City of Plano 5 miles long City of Frisco 10 miles long City of Celina 10 miles long Prosper’s DNT-3 Miles A Vision that Strike a Balance •Desired Development •Rights of property owners •Strong enough to influence and shape the DNT Design Guidelines- Summer 2021 •New Planned Developments (PDs) •Amendments to Existing Planned Developments •Flexibility, Creativity & •Innovation Opportunities to achieve Vision: Incentives/ Partnerships Community Benefit Return on Investment •Rezoning & Financial/economic incentives •Flexibility on Parking Requirements •Increase/Decrease Height requirements •Density incentives •Sales tax/property tax rebates •Impact Fee credits/waivers •Prosper EDC incentives Design Guidelines – the current alternative •Communicates a Vision •Elevates the community’s expectations for the built environment •Creates a framework for future development •Series of design and land use statements •Predictability for the development community DALLAS NORTH TOLLWAY DISTRICT •Prosper Comprehensive Plan •Future Land Use Plan Map •Dallas North Tollway District-Area of study for the Design Guidelines – •Entire length of DNT Fast- forward to Fall 2021 Community Outreach Recap Outreach to Development Community •Direct mailing notifications to Property Owners •Direct outreach to Property Owners •Invitations to one: one meetings •Engaging with the Developer’s Council Public notification provided through: •Town’s social media pages •Notification to the HOA Presidents Additional Notification to Star Trail and Lakes of Prosper •Weekly Resident Update •Notification in the Prosper Press •On the Project Webpage-www.prospertx.gov/dntguidelines •Number of Attendees: •10/28/21-60 people •11/8/21-32 people Virtual Public Meetings –10/28 and 11/8 Community Outreach Meetings Date Developer's Council -Concept Introduction 6/8/2021 Developer's Council -Introduction of Draft Guidelines 8/10/2021 HOA President's Meeting-Introduction of Guidelines 8/12/2021 Garden Club 9/9/2021 Community Engagement Committee 10/6/2021 Chamber of Commerce 10/26/2021 Virtual Public Meeting 1 10/28/2021 Virtual Public Meeting 2 11/8/2021 Prosper Developer's Council 11/9/2021 HOA President's Meeting-Update on the Guidelines 11/11/2021 DNT Guidelines Webpage www. Prospertx.gov/DNTguidelines •Draft design guidelines •Questions and Answers •Comment box •Recordings of the virtual public meetings-10/28 and 11/8 •Link to the public survey Online public survey Results •October 29-November 11th •167 People •7.19%-Lakes of Prosper •64.07% Star Trail Question # 1 –in terms of the DNT, what topic was most important to them Choices •Landscaping/beautification •Types of business establishments •building form and architecture •Public spaces for people to socialize and enjoy Types of Business Establishments Question #2-in terms of the DNT, which types of businesses do they desire most Choices •Shops and dining •Hotels and Conference Centers •Family-friendly establishments •Office and corporate center •None of the above 1.Shops and Dining 2.Family-friendly establishments Shopping experience they preferred most. Which office development did they like the most? Types of public spaces they preferred. DNT Design Guidelines Design Guidelines –Research Phase Overlay Zones of Comparable Cities/Towns Existing Town Documents Existing Town PD documents “The Dallas North Tollway will serve as a major transportation addition within the community and will increase accessibility within the community, will provide quick access to the regional highway network and will serve as a catalyst in attracting new development.” Dallas North Tollway District •The Dallas North Tollway district will consist of the most intense land uses within Prosper. •A diverse mixture of office, retail and residential will likely develop along the corridor. •Office buildings should be designed for a “campus feel”—they should be oriented towards common public space with significant landscaping and should be linked by a pedestrian network. •Mixed-use development should be encouraged and should contain a mixture of office, retail and residential uses. •Structured parking should be encouraged in more intense areas to limit the presence and visibility of large parking lots. Structured parking should be oriented in a way that minimizes visibility from the Tollway. Vertical Mixed Use Developments “In Prosper, vertical integration of mixed-uses will likely occur within the Dallas North Tollway…..” Prosper Comprehensive Plan 3 Subdistricts •2 Gateway Districts •1 Neighborhood District Distinct and unique US 380 Gateway Subdistrict F.M. 1461 Gateway Subdistrict (In Red) Gateway Subdistrict Neighborhood Services and Retail Subdistrict (In Blue) Design Guidelines Desired/ Encouraged Businesses •Including, but not limited to: •Family Entertainment businesses •Recreation •Professional/medical offices •Restaurants without Drive-throughs •Hotels-Full Service •Convention/Conference Centers •Outdoor Public Gathering Spaces •Public Art •Theatres and Museums Design Guidelines Prohibited/ Discouraged Businesses Including, but not limited to: •Low occupancy uses (manufacturing/industrial) •Residential unless part of Mixed-Use Development •Auto Sales/Auto Repair/Auto Wash •Gas pumps unless associated with grocer •Credit Access Businesses •Body Art Facilities •Smoke or Vape Shops; Drug Paraphernalia •Gaming/Slot Machines •Sexually Oriented Businesses Design Guidelines- Additional Elements Gateways-Sense of Identity/Place, Positive experience Design Requirements for specific uses-ie. Restaurant, Drive Thru- Services, gas pumps with grocer Building Placement and Site Design Building Design –ie. Façade, Entryways Landscaping- Beautification Parking requirements/flexibility •Parking Structures Open space/Parks Public spaces Signage Gateways Gateways- Identity through Branding and Public Art Public Spaces –Integrated into developments Integration of Landscaping Parking Structures-Creative Design Landscaping edge around gas pumps Queue Lanes behind restaurants Proposed amendments- responding to public feedback Amendment Number Section Requested Amendment Current Text Proposed Text 1 Section B. General Description 1. A request to shrink the boundary lines of the Dallas North Tollway District, specifically in the area in between First Street and U.S. 380 on the west side of the Tollway. 2. A Request from Vijaya Borra of Legacy and First to be removed from the Tollway District (property is located on the west side of the Tollway in between U.S. 380 and First St. 3. Request from Matt Moore, representing the Standridge Family, to remove the two parcels the family owns from the Tollway District. Properties are also located on the west side of the Tollway in between U.S. 380 and First Street. The design guidelines shall apply to future development proposals located within the Dallas North Tollway District as designated on the Future Land use Plan Map for the Town of Prosper. The design guidelines shall apply to future development proposals located within the Dallas North Tollway District as designated in Exhibit One. The boundaries are generally 1,000 ft+east and west of the frontage roads on each side of the Tollway. Where the 1,000 ft limit ends within an area identified as a PD, the boundary line of the district is extended to encompass the outer most limits of that PD. 2 E. Permitted Business Establishments A request to allow antique stores as a permitted business establishment. Antique stores are currently listed under Section G. Discouraged Business Establishments. Remove Antique Stores from Section G and include under Section E. Permitted Business Establishments. 3 E. Permitted Business Establishments A request to allow veterinarians as a permitted business establishment. Indoor Veterinarian Clinics are currently listed under Section G. Discouraged Business Establishments Remove Indoor Veterinarian Clinics from Section G and include under Section E. Permitted Business Establishments. 4 C. Tollway Sub- districts A request to reword F.M 1461 to Frontier On the east side of the Dallas North Tollway, the boundary extends from F.M. 1461 and down to the southerly property line of Planned Development 69. On the west side of the Tollway the gateway area extends from F.M. 1461 in the north to Prosper Trail in the south. On the east side of the Dallas North Tollway, the boundary extends from Frontier Parkway (F.M. 1461) and down to the southerly property line of Planned Development 69. On the west side of the Tollway the gateway area extends from Frontier Parkway in the north to Prosper Trail in the south. Amendment 1-Proposed Alternative for DNT Boundary Generally, 1,000 ft on each side of TollwayFuture Land Use Plan Map Amendment Number Section Requested Amendment Current Text Proposed Text 5 M. Landscaping Standards A request to reword F.M 1461 to Frontier A landscaped area consisting of living trees, turf or other living ground cover and being at least thirty (30) feet in width measured from property line interior to the property shall be provided adjacent to and outside of the right- of-way on all properties adjacent to the Dallas North Tollway, F.M. 1461, and US Hwy 380. A landscaped area consisting of living trees, turf or other living ground cover and being at least thirty (30) feet in width measured from property line interior to the property shall be provided adjacent to and outside of the right- of-way on all properties adjacent to the Dallas North Tollway, Frontier Parkway, and US Hwy 380. 6 D. Tollway Sub- district Requirements (Part 1d and Part 2 d) Request to add in footage requirement Minimum building height shall be two (2) stories. If the building contains a use(s) as described in Section E, Permitted Uses, the building height can be a one (1) story building with a minimum of twenty (20) feet in height. Minimum building height shall be two (2) stories, or 40 ft. If the building contains a use(s) as described in Section E, Permitted Uses, the building height can be a one (1) story building with a minimum of twenty (20) feet in height. 7 D-3 Neighborhood Services and Retail Sub-District Request to increase building height maximums with the Neighborhood Retail and Services Sub-district On the east side of the sub-district (east side of the Tollway), the maximum building height shall be two (2) stories from the southerly boundary of PD 69 in the north down to Prosper Trail in the south. From Prosper Trail to W. First Street, the maximum building height shall be three (3) stories. On the east side of the sub-district (east side of the Tollway), the maximum building height shall be two (2) stories from the southerly boundary of PD 69 in the north down to Prosper Trail in the south. From Prosper Trail to W. First Street, the maximum building height shall be three (3) stories with a maximum of 8 stories permitted within the first 500 ft of the Tollway for Business Establishments as identified in Section F, "Business Establishments Pursuant to the Town's Vision." Amendment Number Section Requested Amendment Current Text Proposed Text 8 D-3 Neighborhood Services and Retail Sub-District Request to increase building height maximums with the Neighborhood Retail and Services Sub-district On the west side of the sub-district (west side of the Tollway from Prosper Trail to W. First Street), the maximum building height shall be two (2) stories. On the west side of the sub-district (west side of the Tollway from Prosper Trail to W. First Street), the maximum building height shall be two (2) stories with a maximum of 8 stories permitted within the first 500 ft of the Tollway for Business Establishments as identified in Section F, "Business Establishments Pursuant to the Town's Vision." 9 E. Permitted Business Establishments- Subsection-Restaurant, Drive-thru service Request to add a condition to set a maximum of drive-thru restaurants for each development on the Tollway. N/A There shall be a maximum of two drive-thru restaurants permitted for every 5 acres on a PD development plan. If a development plan is under 5 acres, one drive-thru shall be permitted. Town Council Action-Scheduled for January 11th •Nine Proposed Amendments •Two Amendments to the Comprehensive Plan •Adding Sub-Obj 1.3.1 •Adding Exhibit One-DNT Design Guidelines Agenda Item 16. Consider and act upon an ordinance amending Ordinance No. 2021-55 (FY 2021-2022 Annual Budget). (BP) Two Components to Budget Amendment •Funding for Redemption of 2012 Debt Series •General Fund transfer to Stormwater Drainage Fund -$531,449 •Stormwater Drainage Fund recognize revenue and appropriate budget authority for debt service payment. •General Fund transfer to Debt Service Fund -$428,581 •Debt Service Fund to recognize revenue and appropriate budget authority for debt service payment. •Water and Sewer Fund appropriate budget authority for debt service payment. •Purchase Order Roll Forward •To roll outstanding encumbrances from FY 20/21 to FY 21/22 Agenda Item 17. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020-2021 Budget). (BP) Agenda Item 18. Discussion regarding the Adopt-A-Street Program. (TC) CURRENT PROGRAM •Four (4) required cleanups each year. •Sign fades and requires replacement between one (1) and five (5) years. PROPOSED PROGRAM •Five (5) required cleanups each year. •Signs won’t need replacement for eight (8) to ten (10) years. BENEFITS •The proposed sign is less than half the cost of the current sign. •It will not need to be replaced as often. •It aligns more with neighboring cities’ programs. •It will meet the high intensity prismatic street sign requirements. $318 per sign $139 per sign Executive Session Section 551.087 –To discuss and consider economic development incentives. 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 there to. Section 551.074 –To discuss and consider the Town Manager’s performance review. The Town Council Meeting will resume after the Executive Session. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn.