04.25.23 Town Council Regular Meeting PacketPage 1 of 4
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Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link:
https://prospertx.new.swagit.com/views/378/
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the Town Council meeting shall be removed from
the room, if so directed by the Mayor or presiding officer, and the person shall be barred from
further audience before the Town Council during that session of the Town Council. Disruption of
a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Recognize individuals and the Fire Department for Life Saving efforts and awards.
(SB)
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed fr om the Consent
Agenda by the request of Council Members or staff.
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, April 25, 2023
6:15 PM
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Page 2 of 4
2. Consider and act upon the minutes from the April 11, 2023, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes from the April 11, 2023, Town Council Regular
meeting. (MLS)
4. Consider and act upon approving the purchase and installation of additional SWAT
lockers for the Police Department. (DK)
5. Consider and act upon approval of additional funding to the existing contract with
PondMedics, Inc. to include the Proactive Plan for Broadway Pond. (DB)
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)
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.
Items for Individual Consideration:
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)
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)
10. Consider and act to adopt the Priorities of the Prosper Town Council from the Council’s
Strategic Visioning Event(s) held on February 18 and March 20, 2023. (MC)
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Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
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.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, April 21, 2023, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
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NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 5:00 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Councilmember Marcus E. Ray
Deputy Mayor Pro-Tem Craig Andres
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Dan Baker, Parks & Recreation Director
Doug Kowalski, Police Chief
Items for Individual Consideration
1. Discuss and review 2023 Town events. (DB)
Mr. Baker presented an overview of the 2023 events currently scheduled
identifying what is new, how the calendar was established, and any changes
made to the events based on last year's evaluations.
The Town Council discussed the events and provided feedback regarding certain
events that included changing location of finals of P-Town Throwdown, ensuring
downtown meetings are accessible, diversity in food trucks, and reaching out to
new business owners prior to events,
2. Discuss and seek direction on Town Council requests. (MC)
Mr. Canizares stated that the staff is seeking direction on prioritizing items the
Town Council has brought forward. It was noted these items would continue to be
updated on a regular basis.
The Town Council discussed ranking them in order of importance based on
timeframe of projects, if any items could be combined/condensed, as well as
looking at items wholistically. Based on the number of items, the Town Council
requested this item to be brought back to a future work session.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, April 11, 2023
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Item 2.
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The meeting was adjourned at 6:00 p.m.
These minutes were approved on the 25th day of April 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 2.
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Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Bob Scott, Executive Director of Administrative Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Dan Baker, Parks and Recreation Director
Todd Rice, Communications Manager
David Soto, Planning Manager
Kellen Land, Help Desk Technician
Mary Ann Moon, Economic Development Executive Director
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Matt Boswell with The Trails Church led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
The Mayor’s Fitness Challenge is underway. The challenge is running the full year to encourage
wellness as a Prosper lifestyle. Challengers who submit a completed tracking sheet by June 9
will earn a T-shirt and entry into the drawing for the top seasonal prize. Don’t forget to register
today by visiting www.prospertx.gov/mayorsfitnesschallenge.
Join Mayor Bristol tomorrow at 9:00 a.m. for Mayor’s Coffee located at Prosper Fire Station #2,
1140 S. Teel Pkwy to hear an update on what’s happening in and around Prosper. If you
haven’t registered to attend, please contact the Parks and Recreation Department prior to the
event.
Youth Summer Camp Registration is now open. Prosper summer camps will keep your child
moving, thinking, and meeting friends. Camps begin May 30 and will run through August 4 at
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, April 11, 2023
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Item 3.
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various locations in town. Visit prosperparksandrec.org to register and for additional information
such as camp descriptions, dates, times, locations, and rates.
On Saturday, April 22, residents may dispose of prescription drugs through the National
Prescription Drug Take-Back Day at the Central Fire Station located at 1500 W. First Street
from 10:00 a.m. until 2:00 p.m. This is a safe way to get rid of any prescri ption pills and
controlled substance medications.
Early Voting for the May 6, 2023, Special Election begins on Monday, April 24 and runs through
Tuesday, May 2. Residents residing in Collin County may vote at Prosper Town Hall and
residents residing in Denton County may vote at Fire Station No. 2. Visit the Elections page
through the Town’s website for times, additional locations, and information.
Councilmember Bartley recognized the Prosper Ladies Association and Cornerstone for the
success of their most recent events.
Councilmember Ray noted that April 9 to 15 is recognized as National Public Safety
Telecommunications week and thanked the Town’s employees who work in this area.
Mayor Bristol proudly announced the birth of his two new grandchildren.
Councilmember Ray added he also has recently celebrated the birth of his two new
grandchildren.
Presentations.
1. Presentation of a Proclamation declaring April 2023, as Sexual Assault Awareness
Month. (MLS)
Mayor Bristol read and presented a Proclamation to Brittany Jackson and Morgan
Melson from Denton County Friends of the Family organization.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial.
The Consent Agenda can be acted upon in one motion. Items may be removed from the
Consent Agenda at the request of Council Members or staff.
2. Consider and act upon the minutes from the March 27, 2023, Town Council
Joint Work Session Meeting. (MLS)
3. Consider and act upon the minutes from the March 28, 2023, Town Council
Work Session meeting. (MLS)
4. Consider and act upon the minutes from the March 28, 2023, Town Council
Regular meeting. (MLS)
5. Consider and act upon Ordinance 2023-34 amending Section 12.09.003,
"Speed Limits on Specific Streets," of Chapter 12 "Traffic and Vehicles," of the
Town's Code of Ordinances by modifying the prima facie speed limit on FM
1461 (Frontier Parkway). (HW)
6. Consider and act upon approving the purchase of Public Safety, Police
Department supplies and equipment through the Texas Department of
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Item 3.
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Information Services (DIR) Contract #DIR-TSO-4101 with Motorola Solutions,
Inc. (DK)
7. Consider and act upon the appointment of Frank Jaromin, Public Works
Director, to the Upper Trinity Regional Water District Board of Directors
effective June 1, 2023. (CE)
8. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between the City of Celina, Texas, and the Town of Prosper, Texas,
related to cost participation in the construction of interim asphalt
improvements on Parvin Road from east of FM 1385 to west of Legacy Drive,
and funding participation for the design of Frontier Parkway from Legacy Drive
to the Dallas Parkway. (HW)
9. Consider and act upon Ordinance 2023-26 amending Planned Development-94
(PD-94), for Westside Development, on 64.5± acres, northeast corner of US 380
and FM 1385, regarding a big box use and development standards. (Z22-0020).
(DS)
10. Consider and act upon authorizing the Town Manager to execute a
Development Agreement between 1385 Prosper LLC, Alphas 3 Prosper RI LLC,
SSSS Holdings LLC, and Westside Prosper LLC and the Town of Prosper,
related to the Westside Development, northeast corner of US 380 and FM 1385.
(DS)
11. (Item will be Postponed to April 25, 2023) 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)
12. (Item will be Postponed to April 25, 2023) 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)
13. 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 Site Plan, including Legacy Wireless Communication
Tower. (DS)
Mayor Bristol requested to pull items 9 & 10.
Councilmember Cotten requested to pull items 5 & 8.
Mayor Pro-Tem Hodges made a motion to approve items 1 through 4, 6, 7, and 11
through 13. Councilmember Ray seconded that motion, and the motion was
unanimously approved.
Councilmember Cotten requested a presentation for items 5 & 8.
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Item 3.
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Regarding item #5, Mr. Webb stated the City of Celina requested a study of the
speed of vehicles on FM 1461 from Preston Road to Custer Road. The study found
that speeds varied between 52 mph and 57 mph compared to the existing speed limit
of 55 mph. Due to the high number of driveways along this stretch of roadway,
TxDOT recommended that the speed limit be reduced to 50 mph. Mr. Webb noted
that TxDOT will install the new signs.
Councilmember Cotten asked if there was any consideration of stop lights to be
installed. Mr. Webb commented that they do not currently meet the requirements to
be deemed necessary.
Councilmember Cotten made a motion to approve Ordinance 2023-34 amending
Section 12.09.003, "Speed Limits on Specific Streets," of Chapter 12 "Traffic and
Vehicles," of the Town's Code of Ordinances by modifying the prima facie speed limit
on FM 1461 (Frontier Parkway). Mayor Pro-Tem Hodges seconded that motion, and
the motion was unanimously approved.
Regarding item #8, Mr. Webb stated the City of Celina coordinated with Denton
County and developments in the area to secure funding for interim asphalt
improvements. The Town had allocated $800,000 for the design of Parvin Road
project. Since the City of Celina is moving forward into the next phase of design and
environmental evaluation and has entered into an Interlocal Agreement with Denton
County to utilize funding from the Denton County Transportation Bond, the Town of
Prosper is requesting to reallocate these funds. As outlined in the Interlocal
Agreement, $500,000, is proposed to be reallocated towards the cost participation in
the construction of interim asphalt improvements from east of FM 1385 to west of
Legacy Drive, and $300,000, towards the funding participation for the design of
Frontier Parkway between Legacy Drive and the Dallas Parkway.
The Town Council discussed the general life span of asphalt, the concern of
maintenance, and construction costs.
Councilmember Cotten made a motion to approve authorizing the Town Manager to
execute an Interlocal Agreement between the City of Celina, Texas, and the Town of
Prosper, Texas, related to cost participation in the construction of interim asphalt
improvements on Parvin Road from east of FM 1385 to west of Legacy Drive, and
funding participation for the design of Frontier Parkway from Legacy Drive to the
Dallas Parkway. Deputy Mayor Pro-Tem Andres seconded that motion, and the
motion was unanimously approved.
Regarding item #9, the Town Attorney noted that the wording of the motion within the
staff report is incorrect, and the Town Council does not need to add the wording ‘not
subject to the License Agreement’ to the motion.
Councilmember Ray made a motion to approve Ordinance 2023-26 amending
Planned Development-94 (PD-94), for Westside Development, on 64.5± acres,
northeast corner of US 380 and FM 1385, regarding a big box use and development
standards. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion
was unanimously approved.
Regarding item #10, the Town Attorney noted the same comments as for item #9.
Deputy Mayor Pro-Tem Andres made a motion to authorizing the Town Manager to
execute a Development Agreement between 1385 Prosper LLC, Alphas 3 Prosper RI
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Item 3.
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LLC, SSSS Holdings LLC, and Westside Prosper LLC and the Town of Prosper,
related to the Westside Development, northeast corner of US 380 and FM 1385.
Mayor Pro-Tem Hodges seconded that motion, and the motion was unanimously
approved.
CITIZEN COMMENTS
Barbara Nugent, 961 Grassy Shore Lane, expressed her frustration of new developments along
the Dallas North Tollway to Legacy Drive and how aesthetically unpleasing they are visually with
no flow of buildings.
Items for Individual Consideration:
14. Consider and act upon Resolution 2023-35 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
Dallas North Tollway (Prosper Trail - Frontier) 12" Water Line 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)
Mr. Webb identified the parcels affected with this project. This item gives staff the
ability and authority to move forward with condemnation if necessary. Mr. Webb
noted that no permanent easements will be needed; however, a few temporary
easements will be to be acquired for the project. This item requires a roll call vote.
Councilmember Cotten made a motion to approve Resolution 2023-35 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 Dallas North Tollway (Prosper Trail - Frontier) 12" Water Line
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. Deputy Mayor Pro-Tem Andres seconded that motion.
Councilmember Cotten – For
Councilmember Kern – For
Deputy Mayor Pro-Tem Andres – For
Mayor Bristol – For
Mayor Pro-Tem Hodges – For
Councilmember Bartley – For
Councilmember Ray – For
The motion passes with a 7-0 roll call vote.
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Item 3.
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Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No comments were made.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government
Code, as authorized by the Texas Open Meetings Act, to deliberate regarding:
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 551.074 - 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, and the
Community Engagement Committee, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:00 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 7:53 p.m.
Mayor Pro-Tem Hodges made a motion to authorize the Town Manager to execute a Chapter
380 Economic Development Agreement between the Town of Prosper, Texas and Costco
Wholesale Corporation. Councilmember Ray seconded that motion, and the motion was
unanimously approved.
Mayor Pro-Tem Hodges made a motion to authorize the Town Manager to execute a First
Amendment to an Economic Development Incentive Agreement between the Town of Prosper,
Texas and Rise Commercial Investment Group LLC relative to the Westside project.
Councilmember Kern seconded that motion, and the motion was unanimously approved.
Mayor Pro-Tem Hodges made a motion to approve Britt Beene to a permanent spot on the CEC
and to move Josh Carson from CEC to P&Z. Councilmember Ray seconded that motion, and
the motion was unanimously approved.
Adjourn.
The meeting was adjourned at 7:56 p.m.
These minutes were approved on the 25th day of April 2023.
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Item 3.
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APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 3.
Page 1 of 1
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Mario Canizares, Town Manager
Re: Southwest Solutions Group, Inc Purchase
Town Council Meeting – April 25, 2023
Agenda Item:
Consider and act upon approving the purchase and installation of additional SWAT lockers for the
Police Department.
Description of Agenda Item:
Purchase and installation of additional custom-made SWAT lockers by Southwest Solutions
Group, Inc. for the Police Department to match existing lockers in the facility.
Budget Impact:
This purchase of $14,462 was approved in the FY23 budget and will be funded by the Police
Department Donations account #670-5205-10-00.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Southwest Solutions Group, Inc Quote #138976
Town Staff Recommendation:
Town Staff recommends approving the purchase and installation of additional custom-made
SWAT lockers from Southwest Solutions Group, Inc. per quote#138976.
Proposed Motion:
I move to approve the purchase and installation of additional custom-made SWAT lockers from
Southwest Solutions Group, Inc.
Police Department
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Item 4.
Southwest Solutions Group, Inc.
Date: March 15, 2023
Project # 112828
Page 1 of 3
Quote valid for 30 days.
Quote # 138976
2535 E STATE HIGHWAY 121
Lewisville, TX 75056
Phone: (972) 250-1970
Fax: (972) 250-2229
www.southwestsolutions.com
BILL TO:
Lt. Barrett Morris
Town of Prosper
801 Safety Way
Prosper, TX 75078
INSTALL TO:
Town of Prosper
801 Safety Way
Prosper, TX 75078
Prosper SWAT Rev
PAYMENT TERMSQUOTE NAMESALESPERSON
Net 30 - Billable upon
delivery, payment due
in 30 days
Benjamin DeGeorge Jr
bdegeorge@southwestsolutions.com
(214)882-2103 (Cell)
LEAD TIME
12 to 14 weeks (after
receipt of order)
112828-1: SWAT Lockers: Installed
LINE TOTALDESCRIPTION#
$14,462.00112828-1 1
Quantity (5) SWAT lockers with no doors and adjustable bottom shelf, 24" wide x 30" deep x 88" high. Includes all design
services, manufacturing, packaging, freight, inside delivery, installation by factory certified (non-union/non-prevailing wage)
technicians during normal business hours, cleanup of area, removal of all debris, and warranty. Assumes clear access to all
loading docks, elevators and installation sites. Seismic-rated equipment, calculations and permitting are not included unless
otherwise specified.
Because of market volatility impacting freight, fuel, steel and aluminum, this quote is valid for 30 days. Orders placed after
that may be subject to a 5% price increase. Lead times are subject to change until time of purchase.
Option Accepted (initial here)
___________________
Subtotal:
Total:$14,462.00
$14,462.00
Plus Applicable Sales Tax:
Financing and leasing options are available. Call for details.
Credit Card payments over $25,000 are subject to a 2.50% Convenience Fee. No Convenience Fee on eChecks. Southwest Solutions Federal Tax
ID #: 75-2703228
We accept Credit Cards and eChecks.
P.O. #:Date:Authorized Signature:
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Item 4.
Southwest Solutions Group, Inc.
Date: March 15, 2023
Project # 112828
Page 2 of 3
Quote valid for 30 days.
Quote # 138976
2535 E STATE HIGHWAY 121
Lewisville, TX 75056
Phone: (972) 250-1970
Fax: (972) 250-2229
www.southwestsolutions.com
Scope of Work
The following are the responsibilities of Southwest Solutions Group (SSG) and Client to ensure the completion of the project in an efficient, timely manner. The items and services listed in this section, unless otherwise specified
herein, have not been included in the equipment or services pricing and will be the responsibility and at the expense and liability of Client.
BY SSG
TYPE DESCRIPTION
General All charges associated and incurred for manufacturing, freight, local delivery, installation, cleanup, staff training, and warranty, unless specified otherwise.
Installation Complete turnkey installation services by factory certified technicians and training of staff. All installation to take place during normal business hours (8:00 a.m. to 5:00 p.m. Monday-Friday).
If work is required outside of these hours, overtime charges will apply.
Warehouse Storage Provide two (2) weeks cost-free storage at local warehouse. When additional storage time is needed due to a change in customer requirements, warehouse storage charges will be accrued at
the rate of: $3.00 per hundred weight per month up to 90 days. $7.50 per hundred weight per month over 90 days.
Direct Ship Coordinate manufacturing to meet required delivery schedules. Includes all charges associated and incurred for freight, dock to dock delivery and warranty.
Design Provide accurate representations of equipment in the client’s space, based on site verification or CAD/Revit created layouts. Includes recessed rail detail, power requirements, data
requirements and/or floor loading information as available and applicable.
Project Management Assign a designated Project Manager to communicate and coordinate logistics and delivery of material ship dates with manufacturer. Communicate, update and revise project timelines when
applicable. Schedule installation crews based on material arrival dates.
Recessed Rail
Requirements
Will provide rail centers and trough requirements to contractor as applicable.
Installation Technicians Provide trained technicians to complete installation of equipment per the approved drawing. Technicians shall perform work in a professional, safe and courteous manner, and according to
predetermined and agreed upon completion dates.
Service Provide training, on-site and phone support as needed for repairs and preventative maintenance of equipment. (Outside of Warranty/Service Agreement normal hourly rates, travel and parts
apply)
Extended
Warranty/Service
Agreements
Offer an optional extended warranty and service agreement. Maintain equipment through a purchased service program after the original Manufacturer’s warranty expires.
BY CLIENT
TYPE DESCRIPTION
Receipt of Freight Quote is based on standard truck delivery directed to a dock facility that is designed to receive freight. All other special services, such as, but not limited to: Pre-notification prior to delivery,
limited access/non-commercial, residential, government, school deliveries, lift gate, inside deliveries, etc. are available for additional charges and will be billed accordingly.
Direct Ship Indicate any lift gate, limited access, special delivery requirements to SSG for coordination of freight services.
Drawing Approval Approve and sign SSG provided design drawing so that materials can be ordered to meet delivery and installation schedule. Design drawing will include “in space” representation of the
equipment and its requirements. Lead times begin after receipt of drawing approval.
Access to Work Area Provide unobstructed space within the site of installation to permit the incorporation of the systems as shown on any drawings that form a part of this Agreement. Prepare the work site to
permit the unloading, installation, testing and acceptance of the equipment. If area is not precleared prior to installer's arrival, additional charges will be applied. Provide hoisting and elevator
services for SSG equipment and personnel.
Building Obstructions Remove and/or relocate any building obstructions, such as ducting, lighting fixtures and wiring, drains, piping, structural steel, electrical wiring, conduit, etc. which interfere with the
equipment clearances. Provide sprinkler and fire safety devices including sprinkler design. Ensure that all equipment will pass through building access doors or other openings as necessary.
Foundation Preparation Provide verification through facility management or other certified engineer of floor's weight carrying capacity to properly hold equipment (floor load). Provide location information of any conduit
running through concrete floors (drilling may be required).
Modifications to Room
Dimensions
If room dimensions differ from those provided in proposal, it is the responsibility of the client to inform SSG at least 4 weeks prior to shipping time to delay shipment from factory.
Modifications after purchase orders (change orders) are processed by SSG are subject to delayed shipment and installation, and price increases.
Project Delays It is the responsibility of the client to inform SSG at least 4 weeks prior to acknowledged ship date. If the installation site is not ready when scheduled work is to be performed and our
technicians have been dispatched, a $325.00 trip charge will be added. Please provide a minimum of 72 hours notice to reschedule installation. Modifications after purchase orders (change
orders) are processed by SSG are subject to delayed shipment and installation, and price increases.
Loading of Contents Transfer contents of existing system into new system unless option chosen to have movement of material handled by SSG's moving teams.
Product Training Provide personnel for a scheduled product training session. Includes one training session for staff.
HIGH-CAPACITY STORAGE SYSTEM WITH RAIL INSTALLATION, IF APPLICABLE
TYPE DESCRIPTION
Floorless Requirements Floorless High-Capacity System should be installed on solid concrete floor or VCT covered concrete floor. Any existing carpet must be removed prior to installation at the rail’s locations. Floor
levelness should meet standard General Contractor code of 1/8” over 10’. If your floor does not meet these minimum standards, it will result in a different rail/subfloor system being provided,
or your existing concrete floor leveled to meet the standard at your expense.
Recessed Rail
Requirements/Foundatio
n Preparation
Provide backfill of cement into troughs. Provide verification through facility management or other certified engineer of floor’s weight carrying capacity to properly hold equipment. It is
recommended that the slab have a minimum thickness of 5” with a capacity rating of 4,000 PSI. Verify that the concrete slab possesses the minimum levelness specification of ¼” over a 20’
span. Provide location information of any conduit or post-tension cables running through concrete floors (drilling may be required). Sonogramming or X-Ray of floor not included.
Electrical Preparation If hardwired electrical system is selected, provide dedicated 120 VAC, 60 HZ, 20-amp circuit that must be hardwired by a certified electrician compliant with local Electrical Codes. If plug in
electrical system is selected, provide dedicated/isolated 120 VAC, 60 HZ, 20-amp circuit with a 20-amp outlet that must be hardwired by a certified electrician compliant with local Electrical
Codes. Multiple outlets may be required based on moving system design.
CAROUSEL AND LIFT INSTALLATION, IF APPLICABLE
TYPE DESCRIPTION
Electrical Preparation Provide all electrical utility outlets and wiring as required and as noted on drawing supplied by SSG. Provide suitable electric current, lighting, compressed air, water, heat, precise power, and
air drop locations as required for installation, testing, acceptance, and operation of the system. Client is to supply power drops from the plant power supply up to, and including, disconnects at
each control panel. All power and hardware shall be in accordance with the applicable electrical codes.
Material Handling
Responsibilities
Perform unloading and carting of materials and equipment by appropriate personnel from the common carrier to a safe storage area at the installation site. (Unless this service is accepted as
proposed on the price page of this Agreement.) Machine crates to remain unopened until technicians’ arrival. Collect and remove all packing materials from equipment shipping. SSG is
responsible to maintain a clean work area and place trash in Client provided containers. SSG personnel will provide and operate lift truck equipment within Client’s facility. Provide hoisting and
elevator services for SSG equipment and personnel.
Vertical Storage Training Ensure that Client’s personnel attend and participate in scheduled training sessions. Includes one training session for staff.
Loading of Vertical
Storage
Perform installation of any trays, totes, dividers, drawers, or other accessories in the storage unit after the installation is completed. Provide for the physical loading of inventory and any
containers into the system, stock counting, building the inventory database and back-up systems and procedures for use in integrating the system into the existing operation.
Page 16
Item 4.
Southwest Solutions Group, Inc.
Date: March 15, 2023
Project # 112828
Page 3 of 3
Quote # 138976
2535 E STATE HIGHWAY 121
Lewisville, TX 75056
Phone: (972) 250-1970
Fax: (972) 250-2229
www.southwestsolutions.com
Terms, Conditions & Warranty
The following terms and conditions form a part of the agreement between Southwest Solutions Group, Inc. (“SSG”) and the party executing this proposal in Section V hereof (“Customer”) relating to the installation of that certain
equipment more fully described in Section IV hereof (collectively, the “Equipment”).
1. WARRANTY.
(a) The Equipment is provided to Customer with a limited warranty on parts and materials, excluding usual wear and tear. Warranties are determined by specific product and manufacturer. Refer to statement of
warranty for complete information.
(b) Except as provided for above, SSG hereby disclaims all warranties and representations with respect to the Equipment or SSG’s installation services, whether express, implied, or otherwise, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, USE, OR QUIET ENJOYMENT. No rights or remedies referred to in Article 2A of the Uniform Commercial Code, including
any variations thereon as may be in effect in the state in which Customer is located, will be conferred on Customer unless expressly granted herein. No oral or written information or advice given by SSG or its owners, agents, or
employees shall create a warranty or in any way increase the scope of any warranty provided herein. SSG shall have no responsibility if the Equipment has been altered or misused by any party other than SSG in any way.
2. LIMITATION OF LIABILITY.
(a) SSG shall not be liable to Customer or any third party for any indirect, special, incidental, punitive, cover, or consequential damages (including, but not limited to, damages for the inability to use equipment or access
data, loss of business, loss of profits, business interruption, or the like), arising out of the use of, or inability to use, the Equipment, and based on any theory of liability including breach of contract, breach of warranty, tort (including
negligence), product liability, or otherwise, even if SSG had or should have had any knowledge, actual or constructive, of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential
purpose.
(b) SSG’s total liability to user for actual damages for any cause whatsoever will be limited to the amount actually paid by Customer to SSG for the Equipment. The foregoing limitations on liability are intended to apply
to all aspects of this proposal.
3.BASIS OF BARGAIN. The foregoing warranty disclaimers and limitations on liability are fundamental elements of the basis of this proposal and agreement between SSG and Customer. SSG would not be able to provide the
Equipment and associated installation services on an economic basis without such limitations. Such warranty disclaimers and limitations on liability inure to the benefit of the suppliers of the Equipment.
4.INDEMNIFICATION. To the extent authorized by Texas Law, Customer hereby agrees to indemnify, defend, and hold harmless SSG from and against any and all claims, suits, causes, actions, liabilities, damages, expenses, legal
fees, and obligations of any kind arising out of or from, either directly or indirectly, Customer’s breach of any provision, term, or condition of this proposal.
5.NOTICE. All notices or other communication required or permitted by this proposal to be served on or given to either party to this proposal by the other party must be in writing to primary address of party as indicated in this
proposal and shall be deemed duly served and given when personally delivered, by receipted delivery, to the party to whom it is directed or, in lieu of such personal service, when sent by confirmed facsimile transmission, by
registered or certified U.S. mail, or overnight delivery.
6.SECURITY INTEREST. Until such time as SSG has been paid in full for the Equipment and all related installation services, regardless of whether or not any invoice may be disputed by Customer, Customer hereby grants to SSG a
security interest in the Equipment and authorizes SSG to perfect such security interest through the filing of Uniform Commercial Code financing statements. Customer agrees to cooperate with all reasonable requests of SSG relating
to the granted security interest and, should SSG opt to exercise its rights of recovery of the Equipment for failure of Customer to pay for the same, Customer shall permit SSG entrance to the facilities where the Equipment
is located upon reasonable notice of the same and during reasonable hours.
7.MISCELLANEOUS.
(a)Governing Law; Venue. This proposal shall be construed and enforced under and in accordance with the laws of the State of Texas, without regard to conflicts of laws principles. The language in this proposal shall be
interpreted as to its fair meaning and not strictly for or against any party. The parties exclusively in Dallas County, Texas.
(b) Late Fees; Disputes. All overdue payments to SSG shall incur interest in the amount of 1.5% per month, or such lesser rate as may otherwise be required by law. Customer agrees SSG shall be entitled to recover
reasonable attorneys’ fees and court costs expended in connection with any litigation or legal action initiated to enforce the provisions of this proposal.
(c) Entire Agreement. Sections III, IV, V, and VIII of this proposal constitute the entire agreement of the parties and supersede any prior understandings or written or oral agreements between the parties respecting
this subject matter, including, but not limited to, any representations made in any presentation or proposal submitted or provided prior to the execution date of this proposal. Except as otherwise expressly referenced herein, there
are no other understandings or agreements between the parties regarding this subject matter.
(d) Amendment. This proposal may not be amended or modified except by a written instrument executed by each party’s respective authorized representatives.
(e) Successors and Assigns; Assignment. This proposal shall bind and inure to the benefit of and be enforceable by the parties hereto and their respective successors, heirs and personal and legal representatives, but no
assignment shall relieve any party of its obligations hereunder. Customer may not assign this Agreement or any portion thereof without the prior written consent of SSG. SSG may assign this proposal or any portion thereof
without providing written notice to Customer. Any attempted assignment in violation of this Section will be null and void. SSG shall be permitted to subcontract or delegate to third parties the performance of any or all of the
services contemplated herein.
(f) Waiver. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by an officer of the waiving party. Any failure by a party to require strict performance by the other party or
any waiver by a party of any breach of any provision of this proposal shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this proposal.
(g) Severability. In case any one or more of the provisions contained in this proposal shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of this proposal, and this proposal must be construed as if the invalid, illegal, or unenforceable provision had never been contained in this proposal.
(h) Survival. Except as otherwise expressly provided in this proposal, each of the representations and warranties of the parties contained in this proposal, or in any certificate, document, or other instrument furnished or
to be furnished under this proposal, and any action arising out of any thereof, including without limitation any cause of action for failure of any such representation to be true when made or as of the execution date of this proposal,
and the parties’ covenants, agreements, and obligations set forth in this proposal, shall survive in perpetuity beyond the execution date and termination of this proposal.
8. CANCELLATIONS. Southwest Solutions Group, Inc. will accept cancellation of firm orders prior to completion of delivery and installation, subject to the following conditions:
(a) The notice of cancellation must be in writing by the customer to SSG.
(b) SSG will use reasonable commercial efforts to cancel any firm order(s) for materials which have been submitted by SSG to the manufacturer or supplier related to the cancelled customer order:
(i) To the extent that any firm order(s) for materials to the manufacturer or supplier are cancelled without cost to SSG, the same will be cancelled and removed from the customer order. Otherwise, any cost of such
cancellation will be borne by the customer.
(ii) Please note that automated solutions are custom designed to meet the customer’s exact specifications. As such factories often impose cancellation fees after an order has been placed with the manufacturer. Any
such cancellation fees will be borne by the customer.
(iii) For products that have shipped from the source for which a return is allowed by the manufacturer or supplier, the cost of return shipping shall also be borne by the customer.
(c) If the cancelled order included delivery and installation, the cost of all delivery and installation services provided up to the date of cancellation will be borne by the customer.
(d) A minimum charge of 50% of the original purchase order price will be imposed for changes or cancellation.
(e) Southwest Solutions Group, Inc. will not accept returns for materials delivered to the customer and installed (whether by SSG or others).
Page 17
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Re: PondMedics, Inc.
Town Council Meeting – April 25, 2023
Agenda Item:
Consider and act upon approval of additional funding to the existing contract with PondMedics,
Inc. to include the Proactive Plan for Broadway Pond.
Description of Agenda Item:
The Park Operations Division is requesting to enter into an agreement with PondMedics, Inc., for
proactive pond management. With the addition of the Proactive Plan for Broadway Pond, the
annual contract exceeds the amount currently authorized for Town Manager approval. The
services to be provided for Broadway Pond are as follows:
quarterly fountain maintenance and yearly fountain motor service;
submergent aquatic vegetation control for nuisance, exotic or invasive species;
floating aquatic vegetation control for nuisance, exotic or invasive species; and
TCEQ compliance documents and monthly reports.
The Town requested separate proposals from other service providers to provide fountain
maintenance and aquatic vegetation control, respectively. However, staff has determined that the
combined proposal submitted by PondMedics, Inc., is the best value for the Town. Additionally,
PondMedics, Inc., is located in Prosper, and is a factory trained and authorized/preferred sales
and service distributor for AquaMaster products, which are utilized in Prosper fountains/ponds.
Servicing fountains on a regular basis will allow the Town to be pro-active, reducing the chance
for costly repairs to our equipment. Furthermore, combining fountain maintenance service with
aquatic vegetation control will provide the Town with a lower monthly rate, when compared to
contracting separately for these services.
The initial term of the agreement will be one year, with automatic one-year renewal periods, unless
either party provides 30 days written notice prior to the end of the current term.
Budget Impact:
The annual amount for services is $26,840.44. Including the proposed addition of $5,254.44. This
agreement will be funded from 10-5480-60-02 (contracted services).
PARKS AND
RECREATION
Page 18
Item 5.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Pondmedics Town of Prosper Broadway Pond Proposal
Town Staff Recommendation:
Town Staff recommends approval of additional funding to the existing contract with PondMedics,
Inc. to include the Proactive Plan for Broadway Pond.
Proposed Motion:
I move to approve the additional funding to the existing contract with PondMedics, Inc. to include
the Proactive Plan for Broadway Pond.
Page 19
Item 5.
Town Of
Prosper
Broadway
Pond
PROPOSAL PREPARED FOR
Mario Canizares
Town Manager
409 W First St/Prosper,Texas /
75078
PREPARED BY
Weston Jordan
/PondMedics Family of Brands
PO Box 97
Gunter,Texas /75058
weston@pondmedics.com
http://www.pondmedics.com
Page 20
Item 5.
Town of Prosper
409 W First St
Prosper,Texas,75078
Subject: Annual, proactive pond maintenance services
Dear Mario,
Thank you for the opportunity to help you keep your water healthy!
PondMedics Family of Brands is the only licensed, design build engineering firm specailizing
strictly in surface water resources such as yours. We are confident that we have the
manpower and financial strength to execute our work in the highest professional manner.
PondMedics Family of Brands has been providing annual pond management services for 17
years and more than 2 million surface acres!AND we're the only company in DFW who
includes all the products we use in a fixed-cost plan - no surprises when you receive the
invoice!
The enclosed proposal is based on our current understanding of your project needs. We
would love to collaborate with your team to further refine this proposal, if needed. We look
forward to working with you!
Respectfully submitted,
Weston Jordan
PondMedics Family of Brands
Page 21
Item 5.
Explained. Simply.
Retention ponds come in all sizes, types and configurations.This short video
will help explain why these facilities are important and why they need to be
maintained.
Click to play video in browser
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Mario Canizares
Page 22
Item 5.
Page 23
Item 5.
Page 24
Item 5.
MIKE GORE
Aquatic Plant Management
Aquatic Biology Technician
Mike has been working in the plant
management field for 10 years. Previous
employment for turf management gave him a
hefty background in the biological processes
of plants that he now applies to aquatic
macrophyte and algae management. Mike
seeks out the current knowledge of surface
water applications and science to best serve
our clients and the environment.
WESTON JORDAN
Aquatic Plant Management
Fisheries Technician, FP-A
Oklahoma State University, B.S. Fisheries &
Aquatic Ecology
Weston has always had a passion for fish and
aquatic sciences; so much that he pursued a
bachelor's degree in this field. He applies best
management practices that he has learned during
his degree program everyday at PondMedics for
the last few years. Weston belongs to the
American Fisheries Society; he holds an associate
fisheries professional certification while working
towards the full professional certification.
Page 25
Item 5.
17 years and 3,000+ projects
OUR CLIENTS INCLUDE:
•Engineering firms
•Environmental consultants
•Government agencies
•Homeowners/property associations
•Property management companies
•Commercial and retail property owners and managers
•Private land owners
•Dredging and construction contractors
•Municipalities
•Water treatment plants
•Golf courses
•Marinas
•Power plants
•Manufacturing and chemical plants Page 26
Item 5.
Scope of Work
Based on the needs described by the client, PondMedics is going to perform detention pond
maintenance activities for the facilities outlined in this proposal.This work will result in well-
maintained and functional detention basins.
Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Monthly Site
Visits
N N Y Y Y Y Y Y Y Y Y N
Monthly Trash
Pick Up
N N Y Y Y Y Y Y Y Y Y N
*Herbaceous F
ish Stocking
N N N N N N N N N N N N
Aquatic Weed
Detection
N N Y Y Y Y Y Y Y Y Y N
Algaecide
Application
N N Y Y Y Y Y Y Y Y Y N
Macrophyte
Application
N N Y Y Y Y Y Y Y Y Y N
What is covered in
my service?
SIGNATURE
Mario Canizares Page 27
Item 5.
Phoslock N N N N N N N N N N N N
Fountain
Performance
Review*
N N N N N N N N N N N N
Reports N N Y Y Y Y Y Y Y Y Y N
*Stocking timeline is determined by weather and fish availability. The projected month is displayed but is subject to change as weather and fish
availability shift.
*Fountain performance reviews performed when fountains are present.
Service Description
Monthly Site
Visits
Once-per-month site visits will be made during defined months to assess current
pond conditions, apply scheduled treatments, and/or perform submergent
vegetation detection.
Monthly Trash
Pick up
Pick up of trash from pond bank for offsite disposal. Trash includes plastics,
styrofoams, etc.
Herbaceous
Fish Stocking
Stocking of tilapia for algae control. These fish actively feed on algae through the
Spring, Summer and Fall.
Submergent
Vegetation
Detection
Uses techniques/equipment such as grapple hook, rake, sonar sampling and/or
visual observation, PondMedics biologists and/or technicians will determine the
current growth rate of vegetation, if any, along the pond bottom.
Algaecide
Application
In the defined months, a proactive, scheduled algaecide application will be
performed to control algae such as planktonic, filamentous, bluegreens and
chara.
Macrophyte
Application
In the defined months, a proactive, scheduled aquatic herbicide application will
be performed to control submergent macrophytes (all plants not including algae)
such as bushy pondweed, coontail, hydrilla and American floating pondweed.
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Mario Canizares
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Item 5.
Reports In the defined months, a monthly report will sent regarding the current condition
and activities performed throughout that month.This reporting will be sufficient
for the record keeping requirements of the Texas Department of Agriculture
(TDA) as well as TCEQ.
Aquatic Weed
Detection
Using techniques such as a grapple hook, rake, sonar sampling and/or visual
observation, PondMedics biologists and/or technicians will determine the current
growth rate, if any, of vegetation, if any, is occurring on the bottom of the pond.
This will be performed once per month during the regularly scheduled visit for
that month.
Aquatic Weed
Detection
Using techniques such as a grapple hook, rake, sonar sampling and/or visual
observation, PondMedics biologists and/or technicians will determine the current
growth rate, if any, of vegetation, if any, is occurring on the bottom of the pond.
This will be performed once per month during the regularly scheduled visit for
that month.
Phoslock Phoslock sequesters phosphorous in the water column and substrate. The goal is
to apply Phoslock early to "starve" aquatic weeds of vital nutrients, therefore
inhibiting their growth. This is not a cure-all product though.
Fountain
Performance
Review
Testing of fountain amperages and voltages to ensure they are operating within
manufacturers/expected specifications. This provides the community the
opportunity to repair the fountain prior to a requiring a fountain replacement.
Page 29
Item 5.
Compensation
INITIAL
Mario Canizares
DESCRIPTION PRICE QTY SUBTOTAL
Proactive Plan for Broadway Pond
Price to include site visits and treatments
March- November, along with trash pick
up.
$437.87 12 $5,254.44
TOTAL $5,254.44
Page 30
Item 5.
DETENTION BASIN/POND SERVICES AGREEMENT
---------------------------------------------------------------------------------------------------------------------------------------
This Detention Basin/Pond Services Agreement (the “Agreement”) is effective Not yet accepted,
BETWEEN:PONDMEDICS INCORPORATED ("PondMedics" or "Provider"), a company
organized and existing under the laws of Texas, with its head office located at:
1251 Legacy Drive
Prosper
Texas 75078
AND:Town of Prosper (the "Client"), an Individual residing at/a company
organized and existing under the laws of the Texas, with its head office located at:
Town of Prosper
Mario Canizares
Town Manager
smays@prospertx.gov
409 W First St
Prosper,Texas 75078
PREAMBLE
WHEREAS PondMedics is a design build civil engineering company specialized in the engineering,
management and providing consulting services to private and public surface water owners and
managers;
WHEREAS Client wishes to hire the services of PondMedics as per the terms in this Agreement;
NOW THEREFORE in consideration of the premises, the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1.SERVICES TO BE PROVIDED
Provider agrees to provide to the Client the services set out in Schedule “A” hereto or any
Services Statement (the “Services”). Each Services Statement shall automatically incorporate the
provisions of this Agreement. The service statement shall describe the Services to be provided,
the price to be paid by Customer, and such additional provisions as the parties may agree upon.
2.COMPENSATION
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Item 5.
The Client shall pay Provider for the Services in accordance with the terms set out in Schedule
“B” hereto.
PondMedics reserves the right to change the prices as new pricing is released by product
manufacturers at the beginning of each year.
Invoices shall be sent on a monthly basis, via e-mail no later than the last day of each month for
the pre-negotiated prorated amount, due, in full, by the 15th day of the following month.
Checks, Credit and debit card are all acceptable methods of Payment. Clients paying via Credit
and debit card shall be charged a 3% convenience fee. In the event payment is not received
within 30 days of the invoice date, Services shall be suspended until the account is paid in full
and is up to date.If payment is not received within 60 days of the invoice date, pursuant to
section 3(b) of the Agreement, Client shall still be liable to pay all the fees and charges.
Treatment, augmentation and field reports shall be included on each monthly invoice.
3.TERM AND TERMINATION
a)The initial term of this Agreement (“Term”) shall be for a period of 1 year beginning on the
approval date, unless terminated earlier in accordance with the provisions hereof. The Term
shall be automatically renewed for successive 1 year unless a party sends a written notice of
non-renewal to the other party no later than 30 days prior to the expiry of the Term, or of any
renewal term, as the case may be.
b)This Agreement may be terminated by the Client or provider, with proper written notice,
upon the occurrence of an event of default. Each of the following constitutes an event of default
for the purposes of this Agreement:
i)if the Client fails to pay an invoice for more than 60 days;
ii)if Provider persistently fails to perform the Services as required hereunder; or
iii) if Client or Provider otherwise fails to perform or comply with any material term, condition or
covenant of this Agreement;
4.STATUS
It is understood and agreed that this is an agreement for the performance of services and that
the relationship of the parties to each other is that of independent contractors. No agency or
partnership is created by this agreement. Provider shall not hold itself out as or represent itself
to be an agent of the Client. Provider shall not be entitled to any remuneration, rights or benefits
other than as set forth in this Agreement and in Schedule “B” hereto, unless otherwise agreed in
writing by both parties in the Services Statement.
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Mario Canizares Page 32
Item 5.
5.CONFIDENTIALITY AND EXCLUSIVITY
a)Each party shall take all reasonable action and shall take at least the same precautions as it
takes to prevent the disclosure of its own confidential information, to prevent the disclosure to
third parties of the Confidential Information. Each party shall only have the right to disclose the
Confidential Information to its officers, directors, employees, agents and consultants for the
purposes authorized herein. Each party shall, prior to disclosing the Confidential Information or
portion thereof to any such person, issue appropriate instructions to them to ensure that such
persons are aware of their obligation to comply with the confidentiality and use obligations and
restrictions contained in this Agreement. If each party has taken all such reasonable steps it shall
not be responsible if such Confidential Information or any part thereof should be divulged to any
third party by reason of honest mistake or dishonest appropriation by any of each party’s agents
or employees.
b)For the purposes of this Section 5, “Confidential Information” means all confidential
information provided by a Party hereunder provided or any private affairs of a Party that
becomes known to the other party. Confidential Information shall not include any information
which:
i)is or becomes publicly available through no fault of the disclosing party;
ii)is already in the rightful possession of the disclosing party prior to its disclosure to that party;
iii)is independently developed by the disclosing party;
iv) is rightfully obtained by the disclosing party from a third party;
v)is disclosed with the written consent of the other party; or
vi) is disclosed pursuant to court order or other legal compulsion.
c)Provider and the Client hereby acknowledge and agree that:
i)the confidentiality covenant set forth in this Section 5 are reasonable in the circumstances
and are necessary to protect the interests of the Client and Provider;
ii)and in addition to the right of the Client or Provider to claim damages, the breach by Provider
and the Client of any of the confidentiality covenant set forth in this Section 5,
iii)as the case may be, may cause serious and irreparable harm to the Client or Provider, as the
case may be, and in the event of a breach by either party (a “Party in Breach”) of any of these
provisions,
iv) notwithstanding any other provision of this Agreement, the other party (the “Aggrieved Party”)
shall be entitled, as a matter of right, to seek an injunction against the Party in Breach.
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Item 5.
v)The provisions of this paragraph shall not be construed so as to be in derogation or limitation
of any other remedy, which the Aggrieved Party may have in the event of such a breach.
d)The provisions of paragraphs 5(a), 5(b) and 5(c) above shall survive the termination of this
Agreement.
e)The existence of any claim or cause of action of either party against the other, whether
pursuant to this Agreement or otherwise, shall not constitute a defense to the enforcement of
the provisions of this Agreement by either party against the other.
6.FORCE MAJEURE
If the performance of this agreement or any of the obligations hereunder is interfered with in
whole or in part by reason of any circumstances beyond the reasonable control of PondMedics,
including but not limited to heavy storms, hail, wind, snow, sleet or excessive sunlight, any
United States Law, order, regulation, ordinance or requirement of any government or legal body
or labor unrest, including without limitation, strikes, slow downs, picketing or boycotts,
PondMedics shall be excused from such performance on a day by day basis to extent of such
interference.
7.SUBCONTRACTS
Provider shall have exclusive responsibility for the selection of service suppliers for the
operation of the Services. Provider undertakes and agrees however, that all Services to be
performed hereunder shall be performed by Provider. Any modifications to the Services,
whether to be provided directly by Provider or a subcontractor, shall not take place without the
prior written consent of both parties (as to any such modification, addition and the
subcontractor), which consent shall not be unreasonably withheld.
8.INSURANCE
Provider shall carry the following insurance coverages including, but not limited to:
1.General Liability - $2M aggregate – general liability coverage includes bodily injury and
property damage due to waterborne and herbicide application activities
2.Inland Marine policy on all Provider-owned equipment
3.Commercial automobile – covering owned, leased, rented and non-owned vehicles
4.Worker’s Compensation – including special USL&H endorsement to be in compliance with
the Federal U.S. Longshore and Harbor Workers Act.We also carry a Maritime Sublimit
Endorsement for employees who are considered Aquaculture Workers under the Federal Jones
Act.
9.INDEMNIFICATION
INITIAL
Mario Canizares
Page 34
Item 5.
a)Provider hereby covenants and agrees to indemnify and save harmless the Client, its
directors, officers, employees, agents and representatives (the “Client Indemnified Parties”) from
and against any claims, demands, actions, causes of action, damages, losses, costs, liabilities,
expenses, penalties or fines (including reasonable legal fees) which any of the Client Indemnified
parties may sustain, incur or suffer and/or which any person including, without limitation, a
Subscriber may make or bring against a Client Indemnified Party arising directly or indirectly in
any way by reason of, out of, in respect of or in connection with:
i)any non-fulfillment of any covenant or agreement on the part of Provider under this
Agreement;
ii)any incorrectness in or breach of any representation of Provider contained in this Agreement;
iii)any act or omission, including, without limitation, any negligence or other tortuous act,
committed by Provider and its directors, officers, employees, agents and representatives in the
performance of its obligations under this Agreement;
iv) any untruth, inaccuracy or incorrectness of any of the marketing materials prepared and
distributed by Provider pertaining to the Services;
v)the Services including, without limitation, the operation, administration or provision thereof.
b)To the extent authorized by Texas law, The Client hereby covenants and agrees to indemnify
and save harmless Provider its directors, officers, employees, agents and representatives
(“Provider Indemnified Parties”) from and against any claims, demands, actions, causes of action,
damages, losses, costs, liabilities, expenses, penalties or fines (including reasonable legal fees)
which any of the Provider Indemnified Parties may sustain, incur or suffer and/or which any
person may make or bring against an Provider Indemnified Party arising directly or indirectly in
any way by reason of, out of, in respect of or in connection with any covenant or agreement on
the part of the Client under this Agreement or any incorrectness in or breach of any
representation of the Client contained herein.
c)Under no circumstances shall Provider's total aggregate liability to Client or any third party
arising out of or related to this agreement exceed the amounts paid by Client to Provider under
this agreement during the first twelve month period after the effective date of this agreement.
10.NO GUARANTEE OF RESULT
a)PondMedics is licensed to perform work to public and private waters and ensures its
customers that PondMedics will perform the work to the industry's best management practices.
However, due to the nature of surface water, storm water, rain events and the like, results
cannot be guaranteed.Such factors are out of the control of PondMedics.
11.GENERAL TERMS
INITIAL
Mario Canizares
Page 35
Item 5.
a)This Agreement, including Schedules “A” and “B” hereto, constitutes the entire agreement
between the parties pertaining to the subject matter hereof and supersedes all prior
agreements, understandings, negotiations and discussions, whether oral or written of the
parties and there are no warranties, representations or other agreements between the parties in
connection with the subject matter hereof except as specifically set forth herein.
b)PondMedics shall not be liable for the work performed by either another contractor or any
other person.
c)No supplement, modification or waiver or termination of this Agreement shall be binding
unless executed in writing by the party to be bound thereby. No waiver of any of the provisions
of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether
or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly
provided.
d)Neither this Agreement nor any rights or obligations hereunder shall be assignable by any
party without the prior written consent of the other party. This Agreement shall enure to the
benefit of and be binding upon the parties and their respective heirs, executors, administrators,
successors and permitted assigns.
e)Any disputes in excess of the maximum limit for small claims court arising out of this
Agreement shall be submitted to binding arbitration before a mutually agreed-upon Arbitrator.
The Arbitrator's award shall be final, and judgment may be entered in any court having
jurisdiction thereof. The Parties shall pay all arbitration and court costs, and reasonable Attorney
fees on any award.
f)Each party hereby agrees that upon the written request of the other party, it will do all such
acts and execute all such further documents, conveyances, deeds, assignments, transfers and
the like, and will cause the doing of all such acts and will cause the execution of all such further
documents as are within its power to cause the doing or execution of, as the other party may
from time to time reasonably request be done and/or executed as may be required to effect to
the purposes of this Agreement and to carry out the provisions hereof.
g)Any notice required or permitted to be given hereunder shall be in writing and shall be
sufficiently given if delivered in person during normal business hours of the recipient on a
business day or sent by first class mail, postage prepaid, or by email, as follows:
i)in the case of a notice to the Client to:
Town of Prosper
Mario Canizares
Town Manager
smays@prospertx.gov
409 W First St
Prosper,Texas 75078
9725691028 INITIAL
Mario Canizares
Page 36
Item 5.
ii)in the case of a notice to Provider to:
PondMedics, Inc.
PO Box 1147
Prosper, TX 75078
Email:beth@pondmedics.com
Attention:Beth Proctor
Title:Contracts Manager
and shall be conclusively deemed to have been given and to have been received on the following
business day, if so delivered or sent by Email, and on the third business day following the mailing
thereof, if so mailed (excluding each day during which there exists any interruption of postal
services due to strike, lockout or other cause). Addresses for notice may be changed by giving
notice in accordance with the foregoing.
h)This Agreement shall be governed by and construed in accordance with the law of the State
of Texas and shall be treated, in all respects, as a Texas contract. Each party thereto irrevocably
agrees to and submits to the non-exclusive jurisdiction of the Courts of Texas with respect to any
matter arising hereunder or related hereto.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date
indicated above.
Client has read and agreed to the prices, services, notes and precautions prior to PondMedics
performing any work relating to the Agreement.Client accepts in good faith that PondMedics is
qualified and capable of performing the work in a safe and effective manner.In no way, whether
expressed or implied, do I hold PondMedics liable for adverse circumstances arising from pond/
lake maintenance activities.Any issues arising separate outside this scope of services shall be
dealt with and contracted on a separate basis.
CLIENT PROVIDER
SIGNATURE
Weston JordanSIGNATURE
Mario Canizares
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Item 5.
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Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: Wastewater Development Agreement: PROSPER TOLLROAD J.V.
Town Council Meeting – April 25, 2023
Agenda Item:
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.
Description of Agenda Item:
PROSPER TOLLROAD J.V., owns approximately 66.05 acres of land on the northeast corner of
Prosper Trail and the Dallas North Tollway. In order for development to occur, they will be
required to extend a sanitary sewer line as depicted on the Town of Prosper Wastewater System
Capital Improvement Plan.
Since the proposed sanitary sewer line is depicted on the Town of Prosper Wastewater System
Capital Improvement Plan, the actual costs for the design and construction of the improvements
are eligible for reimbursement of wastewater impact fees collected from the properties that will
be served by the sanitary sewer line. It is anticipated that the construction of the sanitary sewer
line will commence before December 31, 2025, and be complete before December 31, 2028.
Budget Impact:
The total estimated cost for the design and construction of the sanitary sewer line is
$636,351.50. The terms of the Wastewater Development Agreement include two forms of
reimbursement. First, PROSPER TOLLROAD J.V. will receive reimbursement from wastewater
impact fees collected from eligible property in the Reimbursement Area defined in the agreement
up to the actual costs. PROSPER TOLLROAD J.V. will also receive reimbursement from the
Town for the extension of a sanitary sewer line to connect to the Lakes of Prosper Lift Station,
estimated to cost $12,000, within 30 days of the sanitary sewer line extension being complete
and accepted by the Town.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. PROSPER TOLLROAD J.V., will contribute up to $5,000 towards the legal preparation
fees.
ENGINEERING
SERVICES
Page 52
Item 6.
Page 2 of 2
Attached Documents:
1. Town of Prosper Wastewater System Capital Improvement Plan
2. Wastewater Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize 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.
Proposed Motion:
I move to authorize 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.
Page 53
Item 6.
Town of Prosper Wastewater System Capital Improvement Plan
(PROSPER TOLLROAD J.V.)
PROSPER TRAIL DALLAS NORTH TOLLWAY Page 54
Item 6.
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Item 6.
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Item 6.
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Item 6.
Page 1 of 1
PLANNING
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Notice of Appeal
Town Council Meeting – April 25, 2023
____________________________________________________________________________
Agenda Item:
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.
Description of Agenda Item:
Attached is the Preliminary Site Plan that was acted on by the Planning & Zoning Commission at
their April 4, 2023, meeting. Per the Zoning Ordinance, the Town Council has the ability to direct
staff to submit a written notice of appeal on behalf of the Town Council to the Development
Services Department for any Site Plans and Preliminary Site Plans acted on by the Planning &
Zoning Commission.
Attachments:
1. Gates of Prosper, Phase 2, Lots 11 and 12 Preliminary Site Plan
Planning & Zoning Recommendations:
At their April 4, 2023, meeting, the Planning & Zoning Commission approved the following
items:
1. Gates of Prosper, Phase 2, Lots 11 and 12 Preliminary Site Plan (Approved)
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Page 74
Item 7.
BLOCK A, LOT 1
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
BLOCK A, LOT 12
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
SS
E
D
S S
D D
SS
S
ONE STORY CONCRETE,
BRICK AND STONE
TILT-WALL BUILDING
ONE STORY CONCRETE,
BRICK AND STONE
TILT-WALL BUILDING
EX RIP-RAP
RIP-RAP
CONC. BLOCK WALL
TRASH DUMPSTER
ENCLOSURE
S
D
BLOCK A, LOT 1
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
EX DETENTION POND
675671671672673674670670670670674
6
7
5
674673674673
674
672673670671672SOUTH COLEMAN STREETVARIABLE WIDTH ROWVOL. 2019, PG. 252, M.R.C.C.T.D.U.E.VOL. 2020, PG. 56010' X 40' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 8.5' W.E.
VOL. 2020, PG.
560
M.R.C.C.T.
15' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 8.5' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 10' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 7' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 8.5' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.15' X 13.5' W.E.VOL. 2020, PG.560M.R.C.C.T.15' X 20.5' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
15' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
24' F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
30' F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.30' F.A.U.D.E.VOL. 2020, PG. 560M.R.C.C.T.F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
30' F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
2.5' S.S.E.
VOL. 2020, PG. 560
M.R.C.C.T.15' S.S.E.VOL. 2020, PG. 560M.R.C.C.T.15' X 18' S.S.E.
VOL. 2020, PG. 560
M.R.C.C.T.2.5' S.S.E.VOL. 2020, PG.560M.R.C.C.T.10' SIDEWALK ESMT.
VOL. 2020, PG. 560
M.R.C.C.T.
UTILITY EASEMENT
INST. NO. 20191218001611510
O.P.R.C.C.T.
25' L.P.A.E. & H.B.T.E.
VOL. 2020, PG. 560
M.R.C.C.T.
UTILITY EASEMENT
INST. NO. 20191218001611520
O.P.R.C.C.T.
15' S.S.E.
VOL. 2020, PG. 560
M.R.C.C.T.
15' UTILITY EASEMENT
INST. NO. 20190130000096920
O.P.R.C.C.T.
25' L.P.A.E.
VOL. 2020, PG. 560
M.R.C.C.T.
50' ATMOS GAS PIPELINE
EASEMENT
INST. NO. 20200814001331020
O.P.R.C.C.T.
LOVERS LANE
BLOCK A, LOT 11
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
HOME 2 SUITES
17,157 S.F.
4 STORY
5
4
5 6 PROP DUMPSTER WITH 8' TALL
MASONRY SCREENING
ENCLOSURE AND METAL DOORS
25' L.E.25' L.E.L1L2L3 L4
L513 EVEVEV15
9
11
11
11
9'20'26'F.A.U.D.E.26'
F.A.U.D.E.20'20'9'20'20'9'26'F.A.U.D.E.26'F.A.U.D.E.20'9'9'5'R
3
0
'20'5'
2
9.5'23'EVEV20'5'
7'
RETAIL-1
8,611 S.F.
1 STORY
24'A.U.D.E.24'A.U.D.E.8
16
6
20'9'
20'
24'
F.A.U.D.E.6'6'9'20'24'F.A.U.D.E.9'
PROP DUMPSTER WITH 8' TALL
MASONRY SCREENING
ENCLOSURE AND METAL DOORS
9'9'
R30'R30
'
C1C2 L6C3L7L9
L10
L11L12L13L8
52.99'5'
9'56'EX DRIVEWAY474' TO LOVERS LANE52'
EX DRIVEWAY
439'
TO COLEMAN STREET
PROPOSED CURB INLET
& JUNCTION BOX
6'25' L.E.25' L.A.E.
EX SIDEWALK
EX SIDEWALK
EX SIDEWALK
90' ROW
110' ROW 110' ROW90' ROW5' L.S.
EX ADA RAMP
EX ADA RAMP
EX ADA RAMP
EV CHARGING STALLS
AND STATIONS
EX CURB INLET
EX CURB INLET
EX FIRE HYDRANT
EX FIRE HYDRANT
EX FIRE HYDRANT
EX FIRE HYDRANT
EX FIRE HYDRANT
EX CURB INLET
EX CURB INLET
15'
W.E.
PROP FDC
(REMOTE)
EX. FIRE HYDRANT &
LIGHT POLE
(TO BE RELOCATED)
PROP RISER
ROOM
FRONT ENTRANCE
(SLIDING DOOR)
PROP METERS
PROP 12'x12'
RISER ROOM
5
0
'
R
3
0
'
10'
R30'
10'
16.35'
10'9'
PROP.
CURB
INLET
PROP.
CURB
INLET
PROP.
CURB
INLET
PROP.
JUNCTION
BOX
50'1
5
'26.26'15'26.27'80'R30'R30'
9
94.63'R30'
10' W.E.
10' W.E.
10' W.E.
10' W.E.
10' W.E.
10' W.E.
15' W.E.
24' F.A.U.D.E.
24' F.A.U.D.E.
26' F.A.U.D.E.
26' F.A.U.D.E.
26' F.A.U.D.E.
24' A.U.D.E.
WALL-MOUNTED
HC PARKING
SIGN
VARIABLE
WIDTH
D.E.
PROP 6' HIGH STONE
FINISH WALL
PROP
FDC
10.07'R3
0
'R30'R30'R56'6'R2
'R30'R54'R54'R30'R54'R30'13.5'11.37'30'30'10'20'17.44'6'30'9.5'20'5'20'9'
162.5'66.97'10'12.5'16.5'30.44'30.44'R56'R30'R30'R56'11.98'R56'R56'R30'R30'9'5' L.S.5' L.S.SITE LEGEND
CONCRETE CURB
SAW-CUT LINE
MONUMENT/PYLON SIGN
WHEEL STOPS
HANDICAP SIGN
HANDICAP LOGO
STRIPING
BOLLARD
FENCE
FIRE HYDRANT
RAMP
FIRE LANE
PARKING SPACES
TRAFFIC ARROW
DUMPSTER
SANITARY SEWER MANHOLE
SANITARY SEWER CLEANOUT
SANITARY SEWER DOUBLE CLEANOUT
SANITARY SEWER SAMPLE PORT
GREASE TRAP
DOMESTIC WATER METER
IRRIGATION METER
GAS METER
TRANSFORMER
LIGHT POLE
POWER POLE
X
EXISTING FIRE LANE
OPEN SPACE
EXISTING LEGEND
BUILDING LINE
EASEMENT
BOUNDARY
CONCRETE
BRICK
STONE
WOOD DECK
GRAVEL
HIGHBANK LINE
PARKING STRIPE
BUILDING WALL
TILE
FIRE LANE STRIPE
PIPE RAIL FENCE
NO PARKING
CON. RET. WALL
HANDICAP SPACETELE. BOX
CABLE BOX
1/2" IR FOUND
1/2" IR SET
WATER METER
GAS METER
OHU OVERHEAD UTILITY LINE
BARBED WIRE FENCE
IRON FENCE
CHAINLINK FENCE
WOOD FENCE
X
A.C. PAD
UTILITY POLE
5/8" IR FOUND
ASPHALT
TRANS. BOX
60-D NAIL FOUND
ELECTRIC BOX
3/8" IR FOUND
SAN. SEW. CO.
PK NAIL SET
STONE RET. WALL
BRICK RET. WALL
SIGN
STORM DRAIN MH.
SAN. SEW. MH.
IRRIGATION VALVE
WATER VALVE
FIRE HYDRANT
BRICK COLUMN
STONE COLUMN
GUY WIRE ANCHOR
1/2" IP FOUND
BOLLARD POST
LIGHT POLE
COVERED AREA
GAS MARKER1" IR FOUND
1" IP FOUND
POINT FOR CORNER
3/4" IP FOUND
CON. MONUMENT
X-FOUND
X-SET
WATER MH.
TELE. MH.
BOUNDARY LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
DISTANCE
394.00'
180.00'
116.95'
386.37'
293.06'
65.94'
56.41'
129.00'
150.33'
150.00'
35.36'
125.00'
33.39'
BEARING
S90°00'00"W
S00°00'00"E
S03°48'11"W
N90°00'00"W
S00°00'00"E
S37°27'22"W
S00°00'00"W
N90°00'00"E
N86°11'09"E
N90°00'00"E
S45°00'00"W
N00°00'00"E
S03°48'51"W
BOUNDARY CURVE TABLE
CURVE #
C1
C2
C3
LENGTH
3.61'
25.81'
65.37'
RADIUS
45.00'
45.00'
100.00'
DELTA
004°35'49"
032°51'33"
037°27'22"
CHORD LENGTH
3.61'
25.46'
64.22'
CHORD BEARING
S02°17'54"W
S21°01'35"W
N18°43'41"E
SITE
VICINITY MAP
N.T.S.
N
SITE GENERAL NOTES
1.ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH THE CITY OR
LOCAL JURISDICTION STANDARDS.
2.THE LOCATION OF UNDERGROUND UTILITIES INDICATED ON THE PLANS IS
TAKEN FROM AS-BUILTS, UTILITY PLANS OR SURVEY. IT IS THE
CONTRACTOR'S RESPONSIBILITY TO MAKE ARRANGEMENTS WITH THE
OWNERS OF SUCH UNDERGROUND UTILITIES PRIOR TO WORKING IN THE
AREA TO CONFIRM THEIR EXACT LOCATION AND TO DETERMINE WHETHER
ANY ADDITIONAL UTILITIES OTHER THAN THOSE SHOWN ON THE PLANS MAY
BE PRESENT. THE CONTRACTOR SHALL PRESERVE AND PROTECT ALL
UNDERGROUND UTILITIES. IF EXISTING UNDERGROUND UTILITIES ARE
DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE COST OF
REPAIRING THE UTILITY.
3.WHERE EXISTING UTILITIES OR SERVICE LINES ARE CUT, BROKEN OR
DAMAGED, THE CONTRACTOR SHALL REPLACE OR REPAIR THE UTILITIES OR
SERVICE LINES WITH THE SAME TYPE OF ORIGINAL MATERIAL AND
CONSTRUCTION, OR BETTER, UNLESS OTHERWISE SHOWN OR NOTED ON
THE PLANS, AT HIS OWN COST AND EXPENSE. THE CONTRACTOR SHALL
IMMEDIATELY NOTIFY THE ENGINEER AT ONCE OF ANY CONFLICTS WITH
UTILITIES.
4.ALL EXCAVATIONS, TRENCHING AND SHORING OPERATIONS SHALL COMPLY
WITH THE REQUIREMENTS OF THE U. S. DEPARTMENT OF LABOR, OSHA,
CONSTRUCTION SAFETY AND HEALTH REGULATIONS AND ANY
AMENDMENTS THERETO.
5.THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY
CONSTRUCTION TO ORIGINAL CONDITION OR BETTER. RESTORED AREAS
INCLUDE, BUT ARE NOT LIMITED TO TRENCH BACKFILL, SIDE SLOPES,
FENCES, DRAINAGE DITCHES, DRIVEWAYS, PRIVATE YARDS AND ROADWAYS.
6.ANY CHANGES NEEDED AFTER CONSTRUCTION PLANS HAVE BEEN
RELEASED, SHALL BE APPROVED BY THE CITY ENGINEER. THESE CHANGES
MUST BE RECEIVED IN WRITING.
7.THE CONTRACTOR SHALL PROVIDE "RED LINED" MARKED PRINTS TO THE
ENGINEER PRIOR TO FINAL INSPECTION INDICATING ALL CONSTRUCTION
WHICH DEVIATED FROM THE PLANS OR WAS CONSTRUCTED IN ADDITION TO
THAT INDICATED ON THE PLANS.
8.ALL CURB RADIUS TO BE 10' OR 2' UNLESS OTHERWISE NOTED ON THE SITE
PLAN.
9.ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL
REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS
BETWEEN PLANS.
Know what's below.
Call before you dig.
TX. P.E. FIRM #11525
T: 469.331.8566 F: 469.213.7145 E: info@triangle-engr.com
W: triangle-engr.com O: 1782 McDermott Drive, Allen, TX 75013
Planning Civil Engineering Construction Management
HOME 2 SUITE INN
SEC LOVERS LANE AND SOUTH COLEMAN STREET
CITY OF PROSPER
COLLIN COUNTY, TEXAS 75078
GATES OF PROSPER, BLOCK A, LOT 11 & LOT 12
03/20/23
97534
KARTAVYA S. PATELSTATE O F T
E
X
A
SPROFE
S
SIONA L E N G INEERL
ICE N S E D
Scale: 1" = 'Feet
0
40
80
C-3.0
PRELIMINARY SITE PLAN-1
PROPOSED USE:
ZONING:
BUILDING AREA:
HANDICAP PARKING PROVIDED:
BUILDING HEIGHT:
REGULAR PARKING REQUIRED:
LOT 11 SITE DATA SUMMARY TABLE
HANDICAP PARKING REQUIRED:
REGULAR PARKING PROVIDED:
LOT COVERAGE:
FLOOR AREA RATIO:
PD-67 (MIXED USE)
HOTEL
17,157 S.F.
45'-0"
14.7%
0.15
1 SP PER BEDROOM
119 SPACES
87 SPACES
5 SPACES (1 VAN ACCESSIBLE)
5 SPACES (1 VAN ACCESSIBLE)
LOT AREA (EXCLUDING ROW):2.67 ACRES (116,454 S.F.)
NUMBER OF GUEST ROOMS:119
IMPERVIOUS AREA:81,935 S.F. (70.4%)
INTERIOR LANDSCAPING REQUIRED:11,645 S.F. (10%)
OPEN SPACE REQUIRED:8,151.78 S.F. (7%)
TOTAL PARKING PROVIDED:92 SPACES
OPEN SPACE PROVIDED:22,561.05 S.F. (19.38%)
INTERIOR LANDSCAPING PROVIDED:34,519 S.F. (29.60%)
PROPOSED USE:
ZONING:
BUILDING AREA:
HANDICAP PARKING PROVIDED:
BUILDING HEIGHT:
REGULAR PARKING REQUIRED:
LOT 12 SITE DATA SUMMARY TABLE
HANDICAP PARKING REQUIRED:
REGULAR PARKING PROVIDED:
LOT COVERAGE:
FLOOR AREA RATIO:
PD-67 (MIXED USE)
RETAIL
8,611 S.F.
30'
10.65%
0.107
1 SP PER 250 S.F.
35 SPACES
37 SPACES
2 SPACES (1 VAN ACCESSIBLE)
2 SPACES (1 VAN ACCESSIBLE)
LOT AREA (EXCLUDING ROW):1.86 ACRES (80,888 S.F.)
IMPERVIOUS AREA:41,849 S.F. (51.7%)
INTERIOR LANDSCAPING REQUIRED:8,089 S.F. (10%)
OPEN SPACE REQUIRED:5,662.16 S.F. (7%)
TOTAL PARKING PROVIDED:39 SPACES
OPEN SPACE PROVIDED:22,650.87 S.F. (28.00%)
INTERIOR LANDSCAPING PROVIDED:39,039 S.F. (48.30%)
FLOOD PLAIN NOTE
ACCORDING TO MAP NO. 48085C0235J DATED JUNE 2, 2009, OF THE NATIONAL
INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS LOCATED IN ZONE X
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
CASE NUMBER: D22-0103
ADDITIONAL CITY NOTE:
1.7% of net lot area is required to be
provided as open space. The
following shall not be included:
vehicular paving, required parking lot
landscape islands, building footprint,
utility yards, required landscape
setbacks, sidewalks, and detention
ponds.
NO EXISTING TREES ON SITE
EASEMENT/SETBACK LEGEND
BUILDING SETBACK
DRAINAGE & DETENTION EASEMENT
SANITARY SEWER EASEMENT
SIDEWALK EASEMENT
UTILITY EASEMENT
FIRE LANE, ACCESS & UTILITY EASEMENT
WATER EASEMENT
ELECTRICAL EASEMENT
ACCESS EASEMENT
LANDSCAPE EASEMENT
B.S.
L.E.
F.A.U.E.
A.E.
S.E.
W.E.
S.S.E.
E.E.
U.E.
D.D.E.
FIRE LANE, ACCESS & DRAINAGE EASEMENT F.A.D.E.
LANDSCAPE & ACCESS EASEMENT L.A.E.
LANDSCAPE SETBACK L.S.
PROJECT CONTACT LIST
ENGINEER
TRIANGLE ENGINEERING LLC
1782 McDERMOTT DRIVE
ALLEN, TEXAS 75013
CONTACT: KARTAVYA PATEL, PE
PHONE: 469-331-8566
DEVELOPER
SUPERHOST HOSPITALITY, LLC
1823 ABRITER COURT
NAPERVILLE, ILLINOIS 60563
CONTACT: SAMIR LAKHANY
PHONE: 260-418-2249
SURVEYOR
KIMLEY-HORN
6160 WARREN PARKWAY, SUITE 210
FRISCO, TEXAS 75034
CONTACT: MICHAEL MARX, RPLS
PHONE: 972-335-3580
ARCHITECT
STUDIO RED DOT
10000 NCX, SUITE 1045
DALLAS, TEXAS 75231
CONTACT: SABRINA BALA, AIA
469-941-4145
OWNER
GOP #2, LLC
1 COWBOYS WAY
FRISCO, TEXAS 75034
Page 75
Item 7.
BLOCK A, LOT 1
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
BLOCK A, LOT 12
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
SS
E
D
S S
D D
SS
S
ONE STORY CONCRETE,
BRICK AND STONE
TILT-WALL BUILDING
ONE STORY CONCRETE,
BRICK AND STONE
TILT-WALL BUILDING
EX RIP-RAP
RIP-RAP
CONC. BLOCK WALL
TRASH DUMPSTER
ENCLOSURE
S
D
BLOCK A, LOT 1
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
EX DETENTION POND
675671671672673674670670670670674
6
7
5
674673674673
674
672673670671672SOUTH COLEMAN STREETVARIABLE WIDTH ROWVOL. 2019, PG. 252, M.R.C.C.T.D.U.E.VOL. 2020, PG. 56010' X 40' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 8.5' W.E.
VOL. 2020, PG.
560
M.R.C.C.T.
15' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 8.5' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 10' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 7' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' X 8.5' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
10' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.15' X 13.5' W.E.VOL. 2020, PG.560M.R.C.C.T.15' X 20.5' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
15' W.E.
VOL. 2020, PG. 560
M.R.C.C.T.
24' F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
30' F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.30' F.A.U.D.E.VOL. 2020, PG. 560M.R.C.C.T.F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
30' F.A.U.D.E.
VOL. 2020, PG. 560
M.R.C.C.T.
2.5' S.S.E.
VOL. 2020, PG. 560
M.R.C.C.T.15' S.S.E.VOL. 2020, PG. 560M.R.C.C.T.15' X 18' S.S.E.
VOL. 2020, PG. 560
M.R.C.C.T.2.5' S.S.E.VOL. 2020, PG.560M.R.C.C.T.10' SIDEWALK ESMT.
VOL. 2020, PG. 560
M.R.C.C.T.
UTILITY EASEMENT
INST. NO. 20191218001611510
O.P.R.C.C.T.
25' L.P.A.E. & H.B.T.E.
VOL. 2020, PG. 560
M.R.C.C.T.
UTILITY EASEMENT
INST. NO. 20191218001611520
O.P.R.C.C.T.
15' S.S.E.
VOL. 2020, PG. 560
M.R.C.C.T.
15' UTILITY EASEMENT
INST. NO. 20190130000096920
O.P.R.C.C.T.
25' L.P.A.E.
VOL. 2020, PG. 560
M.R.C.C.T.
50' ATMOS GAS PIPELINE
EASEMENT
INST. NO. 20200814001331020
O.P.R.C.C.T.
LOVERS LANE
BLOCK A, LOT 11
GATES OF PROSPER, PHASE 2
BLOCK A, LOTS 1-14
VOL. 2020, PG. 560
M.R.C.C.T.
HOME 2 SUITES
17,157 S.F.
4 STORY
5
4
5 6 PROP DUMPSTER WITH 8' TALL
MASONRY SCREENING
ENCLOSURE AND METAL DOORS
25' L.E.25' L.E.L1L2L3 L4
L513 EVEVEV15
9
11
11
11
9'20'26'F.A.U.D.E.26'
F.A.U.D.E.20'20'9'20'20'9'26'F.A.U.D.E.26'F.A.U.D.E.20'9'9'5'R
3
0
'20'5'
2
9.5'23'EVEV20'5'
7'
RETAIL-1
8,611 S.F.
1 STORY
24'A.U.D.E.24'A.U.D.E.8
16
6
20'9'
20'
24'
F.A.U.D.E.6'6'9'20'24'F.A.U.D.E.9'
PROP DUMPSTER WITH 8' TALL
MASONRY SCREENING
ENCLOSURE AND METAL DOORS
9'9'
R30'R30
'
C1C2 L6C3L7L9
L10
L11L12L13L8
52.99'5'
9'56'EX DRIVEWAY474' TO LOVERS LANE52'
EX DRIVEWAY
439'
TO COLEMAN STREET
PROPOSED CURB INLET
& JUNCTION BOX
6'25' L.E.25' L.A.E.
EX SIDEWALK
EX SIDEWALK
EX SIDEWALK
90' ROW
110' ROW 110' ROW90' ROW5' L.S.
EX ADA RAMP
EX ADA RAMP
EX ADA RAMP
EV CHARGING STALLS
AND STATIONS
EX CURB INLET
EX CURB INLET
EX FIRE HYDRANT
EX FIRE HYDRANT
EX FIRE HYDRANT
EX FIRE HYDRANT
EX FIRE HYDRANT
EX CURB INLET
EX CURB INLET
15'
W.E.
PROP FDC
(REMOTE)
EX. FIRE HYDRANT &
LIGHT POLE
(TO BE RELOCATED)
PROP RISER
ROOM
FRONT ENTRANCE
(SLIDING DOOR)
PROP METERS
PROP 12'x12'
RISER ROOM
5
0
'
R
3
0
'
10'
R30'
10'
16.35'
10'9'
PROP.
CURB
INLET
PROP.
CURB
INLET
PROP.
CURB
INLET
PROP.
JUNCTION
BOX
50'1
5
'26.26'15'26.27'80'R30'R30'
9
94.63'R30'
10' W.E.
10' W.E.
10' W.E.
10' W.E.
10' W.E.
10' W.E.
15' W.E.
24' F.A.U.D.E.
24' F.A.U.D.E.
26' F.A.U.D.E.
26' F.A.U.D.E.
26' F.A.U.D.E.
24' A.U.D.E.
WALL-MOUNTED
HC PARKING
SIGN
VARIABLE
WIDTH
D.E.
PROP 6' HIGH STONE
FINISH WALL
PROP
FDC
10.07'R3
0
'R30'R30'R56'6'R2
'R30'R54'R54'R30'R54'R30'13.5'11.37'30'30'10'20'17.44'6'30'9.5'20'5'20'9'
162.5'66.97'10'12.5'16.5'30.44'30.44'R56'R30'R30'R56'11.98'R56'R56'R30'R30'9'5' L.S.5' L.S.BOUNDARY LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
DISTANCE
394.00'
180.00'
116.95'
386.37'
293.06'
65.94'
56.41'
129.00'
150.33'
150.00'
35.36'
125.00'
33.39'
BEARING
S90°00'00"W
S00°00'00"E
S03°48'11"W
N90°00'00"W
S00°00'00"E
S37°27'22"W
S00°00'00"W
N90°00'00"E
N86°11'09"E
N90°00'00"E
S45°00'00"W
N00°00'00"E
S03°48'51"W
BOUNDARY CURVE TABLE
CURVE #
C1
C2
C3
LENGTH
3.61'
25.81'
65.37'
RADIUS
45.00'
45.00'
100.00'
DELTA
004°35'49"
032°51'33"
037°27'22"
CHORD LENGTH
3.61'
25.46'
64.22'
CHORD BEARING
S02°17'54"W
S21°01'35"W
N18°43'41"E
SITE
VICINITY MAP
N.T.S.
N
CITY GENERAL NOTES:
1) Dumpsters and trash compactors shall be screened in accordance with the Zoning
Ordinance.
2)Open storage, where permitted, shall be screened in accordance with the Zoning
Ordinance.
3)Outdoor lighting shall comply with the lighting and glare standards contained within
the Zoning Ordinance
and Subdivision Ordinance.
4)Landscaping shall conform to landscape plans approved by the Town.
5)All elevations shall comply with the standards contained within the Zoning Ordinance.
6)Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative fire
protection measures
may be approved by the Fire Department.
7)Occupant notification per this section and 907.5 shall be required for all new
construction, or existing
construction complying with the International Building Code, for renovations to existing
buildings, tenant
spaces, changes in occupancy, replacement, or modification of the existing fire alarm
system, or as required
by the Fire Code Official, for all buildings or spaces provided with an approved automatic
sprinkler system.
8)Fire lanes shall be designed and constructed per Town Standards or as directed by
the Fire Department.
9)Two points of access shall be always maintained for the property.
10)Speed bumps/humps are not permitted within a fire lane.
11)Fire lanes shall be provided within 150 feet of all exterior walls of any building for
hose lay requirements.
Amendment 503.1.1
12)The fire lane shall be a minimum of 24 feet wide. Amendment 503.2.1
13)Buildings more than 30 feet in height are required to have a minimum of a
26-foot-wide fire lane in the
immediate vicinity for firefighting operations of the building. One of the 26-foot-wide fire
lanes shall be located
a minimum of 15 feet from the building and no more than 30 feet. Appendix D105
14)The inside turning radius of the 24-foot fire lane shall be a minimum of 30 feet.
Amendment 503.2.4
15)The inside turning radius of the 26-foot fire lane shall be a minimum of 30 feet.
Amendment 503.2.4
16)Dead-end fire lanes are only permitted with approved hammerheads.
17)Fire hydrants shall be provided at the entrances and intersections. Landscape
around the Fire Hydrant shall
be no higher than 12 inches at the mature height. Amendment 507.5.1
18)As properties develop, fire hydrants shall be located at all intersecting streets and the
maximum spacing
shall be every 300 feet (300') for all developments, and facilities other than R3. R-3
developments shall be
every 500 feet (500'). Distances between hydrants shall be measured along the route that
fire hose is laid
by a fire apparatus from hydrant–to-hydrant, not as the "crow flies." Amendment 507.5.1
19)Fire department connection (FDC) for the fire sprinkler system shall be located within
50 feet of a fire hydrant
and 50 feet of a fire lane. 5” Storz, 30-degree downward turn with locking cap. Amendment
507.5.1
20)Fire hydrants shall be located 2 foot (2') to 6 foot (6') back from the curb or fire lane
and shall not be located
in the bulb of a cul-de-sac. Amendment 507.5.1
21)There shall be a minimum of two (2) fire hydrants serving each property within the
prescribed distances listed
above.A minimum of one fire hydrant shall be located on each lot. Amendment
507.5.1
22)A minimum 10-foot unobstructed width shall be provided around a building for
adequate Fire Department
access.A continuous row of Parking and landscaping shall be considered a barrier.
Amendment 503.1.1
23)The maximum dead-end cul-de-sac length shall not exceed six hundred feet (600')
as measured from the
centerline of the intersection street to the center point of the radius. Amendment 503.1.5
24)One-and two-family dwellings automatic fire systems. Automatic fire protection
systems per NFPA 13D or
NFPA 13R shall be provided in all one-and two-family dwellings with a conditioned floor
area of 5,500 square
feet (511 m2) or greater, dwellings three (3) stories or greater, or dwellings with roof heights
exceeding thirtyfive feet (35') from grade. IRC-2015 Amendment R313.2
25)Handicapped parking areas and building accessibility shall conform to the Americans
with Disabilities Act
(ADA)and with the requirements of the current, adopted Building Code.
26)All signage is subject to Building Official approval.
27)All fences and retaining walls shall be shown on the Preliminary Site Plan and are
subject to Building Official
approval.
28)All exterior building materials are subject to Building Official approval and shall
conform to the approved
façade plan.
29)Sidewalks of not less than six (6) feet in width along thoroughfares and collectors
and five (5) feet in width
along residential streets and barrier-free ramps at all curb crossings shall be provided per
Town Standards.
30)All new electrical lines shall be installed and/or relocated underground.
31)All mechanical equipment shall be screened from public view in accordance with the
Zoning Ordinance.
32)Landscape easements must be exclusive of any other type of easement, as
applicable.
33)Impact fees will be assessed in accordance with the land use classification(s)
identified on the Site Data
Summary Table; however, changes to the proposed land use at the time of CO and/or
finish-out permit may
result in additional impact fees and/or parking requirements.
34)The approval of a Preliminary Site Plan shall be effective for a period of two (2) years
from the date that the
Preliminary Site Plan is approved by the Planning & Zoning Commission, at the end of
which time the
applicant must have submitted and received the approval of a Site Plan by the Planning &
Zoning
Commission. If a site plan is not approved within such two (2) year period, the Preliminary
Site Plan approval
is null and void. If Site Plan approval is only for a portion of the property, the approval of the
Preliminary Site
Plan for the remaining property shall be null and void.
35)The Town currently contracts with CWD for waste disposal services. They may be
contacted at 972-392-
9300EASEMENT/SETBACK LEGEND
BUILDING SETBACK
DRAINAGE & DETENTION EASEMENT
SANITARY SEWER EASEMENT
SIDEWALK EASEMENT
UTILITY EASEMENT
FIRE LANE, ACCESS & UTILITY EASEMENT
WATER EASEMENT
ELECTRICAL EASEMENT
ACCESS EASEMENT
LANDSCAPE EASEMENT
B.S.
L.E.
F.A.U.E.
A.E.
S.E.
W.E.
S.S.E.
E.E.
U.E.
D.D.E.
FIRE LANE, ACCESS & DRAINAGE EASEMENT F.A.D.E.
LANDSCAPE & ACCESS EASEMENT L.A.E.
LANDSCAPE SETBACK L.S.
Know what's below.
Call before you dig.
TX. P.E. FIRM #11525
T: 469.331.8566 F: 469.213.7145 E: info@triangle-engr.com
W: triangle-engr.com O: 1782 McDermott Drive, Allen, TX 75013
Planning Civil Engineering Construction Management
HOME 2 SUITE INN
SEC LOVERS LANE AND SOUTH COLEMAN STREET
CITY OF PROSPER
COLLIN COUNTY, TEXAS 75078
GATES OF PROSPER, BLOCK A, LOT 11 & LOT 12
03/20/23
97534
KARTAVYA S. PATELSTATE O F T
E
X
A
SPROFE
S
SIONA L E N G INEERL
ICE N S E D
Scale: 1" = 'Feet
0
40
80
C-3.0
PRELIMINARY SITE PLAN-2
PROJECT CONTACT LIST
ENGINEER
TRIANGLE ENGINEERING LLC
1782 McDERMOTT DRIVE
ALLEN, TEXAS 75013
CONTACT: KARTAVYA PATEL, PE
PHONE: 469-331-8566
DEVELOPER
SUPERHOST HOSPITALITY, LLC
1823 ABRITER COURT
NAPERVILLE, ILLINOIS 60563
CONTACT: SAMIR LAKHANY
PHONE: 260-418-2249
SURVEYOR
KIMLEY-HORN
6160 WARREN PARKWAY, SUITE 210
FRISCO, TEXAS 75034
CONTACT: MICHAEL MARX, RPLS
PHONE: 972-335-3580
ARCHITECT
STUDIO RED DOT
10000 NCX, SUITE 1045
DALLAS, TEXAS 75231
CONTACT: SABRINA BALA, AIA
469-941-4145
OWNER
GOP #2, LLC
1 COWBOYS WAY
FRISCO, TEXAS 75034
CASE NUMBER: D22-0103
ADDITIONAL CITY NOTE:
1.7% of net lot area is required to be provided as open space. The
following shall not be included: vehicular paving, required parking lot
landscape islands, building footprint, utility yards, required landscape
setbacks, sidewalks, and detention ponds.
NO EXISTING TREES ON SITE
Page 76
Item 7.
Page 1 of 3
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Zoning MQ Prosper North Comprehensive Land Use Amendment
Town Council Meeting – April 25, 2023
Agenda Item:
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).
Description of Agenda Item:
Town staff has received 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. The
applicant is proposing to introduce a new Planned Development that includes but not limited to
permitted uses, development regulations, and design guidelines, located on the east side of
Preston Road, north of St. Peter Lane. Zoning Case Z21-0003. The applicant is also providing 2
residential lots with a based zoning of SF-22 toward the rear of the property.
Rezoning requests, which do not conform to the Future Land Use Plan shall be accompanied by
a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates
the Town will encounter “development proposals that do not directly reflect the purpose and intent
of the land use pattern as shown on the Future Land Use Plan map.”
Land use districts designated on the Future Land Use Plan are intended to depict general areas
where land uses are considered appropriate for an area, and such districts are not intended to be
parcel specific. If the Planning & Zoning Commission and Town Council believe the property
located on the east side of Preston Road, north of St. Peter Lane is more appropriately classified
as Retail and Neighborhood Services on the Future Land Use Plan, then it would be appropriate
to reclassify the property.
See below for proposed plan amendment. Images of the existing and proposed amendment are
shown below.
PLANNING
Page 77
Item 8.
Page 2 of 3
Existing
Proposed
Page 78
Item 8.
Page 3 of 3
At the time of the 2012, the expected build out capacity population was approximately 60,485
population excluding Artesia. As mentioned below with that capacity, 757.9 acres would be the
maximum supported. The latest 2022 expected buildout capacity population is approximately
71,000. Approximately 300 acres was added since the 2012 comprehensive plan, however,
11,000 residences were also added to the expected build out capacity.
2012 Retail
2023 Retail
Retail Assumptions Comp. Plan Total Acres Retail Acres per Category
Neighborhood Services * 938 656.6
Town Center ** 340 153
Tollway District *** 1236 123.6
US 380 **** 949 94.9
Total 3463 1028.1
*Assumed 70% retail component
**Assumed 45% retail component
***Assumed 10% retail component
****Assumed 10% retail component
Comprehensive Factors
Per the comprehensive plan, additional neighborhood services retail zoning should be avoided.
Nodal retail activity should be concentrated at primary intersections, and the “four corner” principle
Page 79
Item 8.
Page 4 of 3
should be avoided to reduce the possibility of an oversupply of retail acreage. Strip center
development along major roadways should also be avoided, as the plan recommends.
The consequences of an oversupply of retail may include:
• Vacant, underutilized land;
• Lower rental rates leading to undesirable uses;
• Pressures for additional multifamily to fill vacant parcels; and
• Blighted corridors.
The Plan states, “it should be incumbent upon the applicant making such a proposal to provide
evidence that the proposal meets the aforementioned considerations, supports community goals
and objectives as set forth within this Plan, and represents long term economic and/or social
benefits for the community as a whole, not just a short-term financial gain for whoever is
developing the project.”
The applicant provided the attached letter (attachment 3), in response.
The document recommends that “development proposals that are inconsistent with the Future
Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the
following questions and should be reviewed on their own merit. Please see the response to each
criteria listed below.
Will the proposed change enhance the site and the surrounding area?
o The proposed use will enhance the surrounding area by providing additional
neighborhood services for established residential neighborhoods. The developer
has interested restaurants in demand of this location and unique natural features
of the property.
Is the proposed change a better use than that originally envisioned and depicted on
the Future Land Use Plan map?
o The proposed change in use is optimal to single family residential given the
aforementioned physical and financial challenges. Neighborhood services will
support existing and prospective residential neighborhoods while avoiding a sub-
optimal single family development on the subject property that could negatively
impact prevailing residential property values.
Will the proposed use impact adjacent residential areas in a negative manner?
o The limited single family development of Lots A and B with large lots will allow for
high priced residences that preserve or enhance the prevailing housing stock of
Prosper. The proposal will not impact residential areas in a negative way. Negative
impacts will be avoided by the implementation of careful site planning, use
restrictions, and development parameters.
Will the proposed use be compatible with and/or enhance adjacent residential
uses?
o The proposal for a Planned Development will set forth appropriate safeguards to
ensure compatibility with adjacent residential uses. Measures and parameters
such as use limitation, building height and setbacks, and landscaping and buffering
will allow a harmonious juxtaposition of uses while providing conveniently located
neighborhood services. Moreover, the planned north-to-south solid vegetative
hedge and the natural tree line along the eastern perimeter will remain and act as
a buffer for the residences to the east.
Are uses adjacent to the proposed use similar in nature in terms of appearance,
hours of operation, and other general aspects of compatibility?
o Adjacent uses are residential and a planned city park to the north. The proposed
Page 80
Item 8.
Page 5 of 3
architectural building scale of one-story, and residential design aligns with the
general look and feel of the adjacent residential housing stock. Prospective
businesses will have reasonable operating hours. Any restaurants would be
located on lots closer to Preston Road, more than 400 feet from residential
properties outside of the PD. Operations will be managed so as to not cause any
detrimental impacts to residential properties. Measures will be taken to avoid noise
nuisance and light pollution spilling into adjacent residential neighborhoods.
Does the proposed use present a significant benefit to the public health, safety,
welfare and/or social well-being of the community?
o The proposed use presents significant benefit to the public health safety, welfare
and/or social well-being of the community by encouraging destination sit down
restaurants fronting a beautiful amenity pond near a city park. Additional
neighborhood services will provide convenient goods and services for the
community.
Would it contribute to the Town’s long-term economic stability?
o See attachment #3
The Plan also recommends that “it is important to recognize that proposals not directly consistent
with the Plan could reflect higher and better long-term uses than those originally envisioned and
shown on the Future Land Use Plan map for a particular area. This may be due to changing
markets, demographics and/or economic trends that occur at some point in the future after the
Plan is adopted. If such changes occur, and especially if there are demonstrated significant social
and/or economic benefits to the Town of Prosper, then these proposals should be approved and
the Future Land Use Plan map should be amended accordingly.”
Legal Obligations and Review:
The Town Council is required to hold a Public Hearing prior to acting on an amendment to the
Future Land Use Plan.
Attachments:
1. Existing Future Land Use Plan
2. Proposed Future Land Use Plan
3. Request Letter
Planning & Zoning Recommendation:
At their September 20, 2022, meeting, the Planning & Zoning Commission recommended the
Town Council deny the request, by a vote of 3-2.
Town Staff Recommendation:
There are two options for a recommendation, subject to the action taken on the companion case
for the amendment to the Future Land Use Plan (CA21-0001).
1. If the Town Council recommends approval of the amendment to the Future Land Use Plan, the
Town Council should recommend approval of the rezoning request.
2. If the Town Council recommends denial of the amendment to the Future Land Use Plan, the Town
Council should recommend denial of the rezoning request.
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Item 8.
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Item 8.
Page 83
Item 8.
FUTURE LAND USE MAP AMENDMENT
MQ Prosper North
MQ Development Company requests amendment to the Future Land Use Map (FLUM) of the Town
of Prosper Comprehensive Plan. The FLUM calls for single family. Through extensive due diligence
and site planning exercises, it was determined that physical characteristics of the site make
conventional single-family development for most of the site impractical from standpoints of both
prospective homeowner desirability and economic viability.
The irregular shape, topography and flood plain play a role in optimal use type for the property.
There is a creek and low areas that traverse the western perimeter, the north central, and eastern
sections of the property. To generate the necessary lot yield, residential lots would be planned along
the northern perimeter, requiring additional grading and tree removal. The creek makes residential
pad site layout a challenge and compromises necessary yields to build out necessary public
infrastructure including a public street.
The costs associated with the significant grading required would far outweigh economic benefits of a
limited residential lot yield. Financial feasibility notwithstanding, the lot layout necessary to make
the project work, would be a compact and efficient cookie cutter rectangular pattern, creating and
uninspiring and underwhelming development that could fall short of the high standard of aesthetics
and quality expected in Prosper. Moreover, it would place residential back yards up against the
existing residential homes along the southern perimeter, unnecessarily crowding existing neighbors.
In contrast, the property with its adjacency to Preston Road and topography, is better suited for
non- residential uses that serve residential development. The proposal would preserve a certain
degree of trees and grade along the northern perimeter. Lot 8 is planned as open space, preserving
the natural treed areas. Commercial development also allows greater building setbacks and larger
perimeter buffers from the adjacent properties, instead of smaller residential yards with back to back
lots.
The PD would ensure that the appropriate type of uses are allowed and at the right scale given these
residential adjacencies. A carefully planned, limited scaled neighborhood service development can
be site planned to take advantage of the natural topography, maintain vistas that take advantage of
a planned amenity pond, and integrates with the physical features of the property. Moreover,
creating Lot 8 and Lots A and B for residential provide an excellent transition buffer to established
single family subdivisions to the northeast, east and southeast.
Please consider the following considerations from the Comprehensive Plan in evaluating
amendment to the FLUM to accommodate the proposal:
• The proposed use will enhance the surrounding area by providing additional
neighborhood services for established residential neighborhoods. The developer has
interested restaurants in demand of this location and unique natural features of the
property.
• The proposed change in use is optimal to single family residential given the
aforementioned physical and financial challenges. Neighborhood services will support
Page 84
Item 8.
existing and prospective residential neighborhoods while avoiding a sub-optimal single
family development on the subject property that could negatively impact prevailing
residential property values.
• The limited single family development of Lots A and B with large lots will allow for high
priced residences that preserve or enhance the prevailing housing stock of Prosper.
• The proposal for a Planned Development will set forth appropriate safeguards to ensure
compatibility with adjacent residential uses. Measures and parameters such as use
limitation, building height and setbacks, and landscaping and buffering will allow a
harmonious juxtaposition of uses while providing conveniently located neighborhood
services. Moreover, the planned north-to-south solid vegetative hedge and the natural
tree line along the eastern perimeter will remain and act as a buffer for the residences to
the east.
• The proposal will not impact residential areas in a negative way. Negative impacts will
be avoided by the implementation of careful site planning, use restrictions, and
development parameters.
• Adjacent uses are residential and a planned city park to the north. The proposed
architectural building scale of one-story, and residential design aligns with the general look
and feel of the adjacent residential housing stock. Prospective businesses will have
reasonable operating hours. Any restaurants would be located on lots closer to Preston
Road, more than 400 feet from residential properties outside of the PD. Operations will be
managed so as to not cause any detrimental impacts to residential properties. Measures will
be taken to avoid noise nuisance and light pollution spilling into adjacent residential
neighborhoods.
• The proposed use presents significant benefit to the public health safety, welfare and/or
social well-being of the community by encouraging destination sit down restaurants
fronting a beautiful amenity pond near a city park. Additional neighborhood services will
provide convenient goods and services for the community.
Page 85
Item 8.
Page 1 of 6
PLANNING
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Zoning MQ Prosper North
Town Council Meeting – April 25, 2023
____________________________________________________________________________
Agenda Item:
Conduct a public hearing 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). This
is a companion case to CA21-0001.
History:
The zoning request has been tabled since its October 11th meeting. Since then, the applicant has
met with the adjacent neighbors and has submitted a revised conceptual plan and development
standards.
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use
Future Land
Use Plan
Subject
Property Single Family-15 Undeveloped Low Density
Residential
North Planned Development-15-
Single Family Town of Prosper Park Low Density
Residential
East Single Family-15
Single Family Residence
& Prosper Lake
Subdivision
Low Density
Residential
South Single Family-15 Montclair Subdivision Low Density
Residential
West Single Family-12.5 Cambridge Park Estates,
Phase 1
Medium Density
Residential
Page 86
Item 9.
Page 2 of 6
Requested Zoning – The purpose of this request is 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. The applicant is proposing to introduce a new Planned Development that includes
but not limited to permitted uses, development regulations, and design guidelines. Outline below
is a few of the development standards, please refer to the Exhibit D for all the regulations.
Due to its unique configuration, the applicant has created two tracts of land. Tract A (Retail/
Restaurant/office) and Tract B (Residential).
For Tract B: Uses allowed in the SF-15 District, Section 5.3 of the Zoning Ordinance, Town of
Prosper. However, these lots will be incorporated into the existing residential tract. No new lots
will be created.
It’s important to note that the applicant has created its own allowable uses and the list of uses are
shown below.
List of Permitted Uses:
1. Administrative, Medical or Professional Office
2. Alcoholic Beverage Sales, Lots 1 and 5 only
3. Antique Shop
4. Artisan’s Workshop
5. Bank, Savings and Loan, or Credit Union, Lots 1-7 only
6. Beauty Salon, Barber Shop, Lots 1-5only
7. Business Service, Lots 1 – 5 only
Page 87
Item 9.
Page 3 of 6
8. Child Care Center, Licensed, only one permitted in PD, Lots 2, 3 and 4 by SUP only
9. Dry Cleaning, Minor
10. Furniture, Home Furnishings and Appliance Store, Lot 3
11. Health/Fitness Center, Lots 1-4
12. Insurance Office, Lots 1-5
13. Message Therapy, Licensed, Lots 1-5
14. Print Shop, Minor, Lots 1-5
15. 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.)
16. Retail Stores and Shops, Lots 1-7
17. Retail Service, Indoor, Lots 1-7 only
18. Retail/Service Incidental Use, Lots 1-7
19. School, Private
20. Theatre, Neighborhood, Lot 3 by SUP only
Exhibit D
Exhibit D is proposing seven (7) buildings that includes office/retail/restaurant totally
approximately 46,321sqft. The applicant is also providing 2 residential lots that will be
incorporated into the existing residential lot.
Access Easement
A note was added on Exhibit D, regarding the judicial proceeding in Collin County district court,
entitled MQ Prosper North, LLC v. Lisa Coulter and Summit Paving, LLC, Cause No. 366-03077-
2018. The existing 30-foot access easement comment, above, should be reflected on any plans
(site plans, concept plans, preliminary and final plats) submitted to the Town or any zoning
ordinance for the MQ tract, and no portions of that access easement should be blocked in any
Page 88
Item 9.
Page 4 of 6
way unless authorization to do so has been provided by the court or by the owner and provided
to the Town for verification.
Parking
Parking Requirements. For parking purposes in satisfying off-street parking requirements in
Subdistrict A, Lots 1-7 are considered one lot.
The applicant has requested to utilize lots 1-7 to act as one lot to meet the minimum standards
The applicant is required 343 parking spaces based on the uses on lots 1-7 and is providing 380
parking spaces. Although lots 3 and 6 does not meet the minimum standards, the overall parking
does meet the minimum parking requirements.
Landscaping
The applicant has proposed its own standards to mitigate the proposed development.
Architecture
Exhibit F-1, F-2 and F-3 shows a conceptual rendering of the architectural look and style of the
building. The applicant will enter a development agreement regarding the building materials.
Below is a comparison table of the request by the applicant regarding masonry.
Retail District New Planned
Development
Building Materials 90%-100 % masonry
(which includes clay
fired brick, natural
and manufactured
stone, granite,
marble, and stucco)
The use of stucco and
EIFS are only
permitted as
secondary or accent
materials (0%-10%
maximum allowance).
90%-100% (Which
includes Architectural
Structural Block,
under the trade name
“Quik Brick” (a 4”
manufactured
concrete masonry
unit) and cultured
stone (manufactured)
individually stacked.
Split-faced block,
architectural concrete
block, and
painted/textured
concrete tilt wall shall
be limited to a
maximum of ten
percent (0%-10%) of
any single elevation
on any pad site.
The applicant has agreed to enter into a development agreement regarding the building materials.
Below are exhibits of renderings of the building.
Page 89
Item 9.
Page 5 of 6
Page 90
Item 9.
Page 6 of 6
Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential for the
subject property. The proposed zoning request does not conform to the Comprehensive Plan.
The companion item is a Future Land Use Plan Amendment to revise the FLUP to reflect Retail
and Neighborhood Services uses.
Thoroughfare Plan – The property has direct access to Preston Road and Emerald Tract Drive.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property due to an existing park (Cedar Grove) toward the north. The applicant is proposing a 8’
hike and bike trail on the northeast corner (Lot 8). This trail has been planned since 2007 on the
Parks Trail Master Plan.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has received 9 Public Hearing Notice Reply Forms/ Letter in
response to this request.
Per the zoning ordinance, if a written protest against a proposed amendment, supplement or
change to a zoning regulation or boundary has been filed with the Planning Department, duly
signed and acknowledged by the owners of 20 percent or more within 200 feet, requires
affirmative vote of three quarters of all members of the Town Council. At the time of this report,
staff have received 10.9% in opposition.
Attachments:
1. Aerial and Zoning Maps
2. Proposed Exhibits
3. Public Hearing Notice Reply Forms and Letters
4. Protest Map
Planning & Zoning Recommendation:
At their September 20, 2022, meeting, the Planning & Zoning Commission recommended the
Town Council denied the request, by a vote of 3-2.
Town Staff Recommendation:
Town staff understands that the zoning request currently does not align with the Comprehensive
Plan request, however the Comprehensive Plan allows flexibility due to market demands and
criteria for amendments. Staff recommends approval of the zoning request.
There are two options for a recommendation, subject to the action taken on the companion case
for the amendment to the Future Land Use Plan (CA21-0001).
1. If the Town Council recommends approval of the amendment to the Future Land Use Plan,
the Town Council would then consider approval of the rezoning request.
2. If the Town Council recommends denial of the amendment to the Future Land Use Plan,
the Town Council would then consider denial of the rezoning request.
Proposed Motion:
I move to approve/deny 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).
Page 91
Item 9.
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Item 9.
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Item 9.
717.68FF
726.70HI
RIGHT-OF-WAY DEDICATION
PARCEL 8, PART 1
CC #20110802000807680
SANITARY SEWER EASEMENT
CC #20150909001143310
SANITARY SEWER EASEMENT
CC #2015090900143280
SANITARY SEWER EASEMENT
CC #20150909001143310
AMON
XCF
XCF
1/2" CIRF
"VORTEX" (Y)
1/2" CIRF
VORTEX (Y)
1/2" CIRF
"EAGLE" (G)
1/2" CIRF
"5310" (Y)
1/2" CIRF
"5310" (Y)
1/2" CIRF
VORTEX (Y)
1/2" CIRF
5310/Y
1/2" CIRF
"ROOME" (Y)
1/2" CIRF
"VORTEX" (Y)
1/2" CIRF
"WESTWOOD" CM1/2" CIRF (Y)
5/8" CIRF
"SPIAR" (Y)
1/2" CIRF
"VORTEX" (Y)
CM
1/2" CIRF
"VORTEX" (Y)
MQ PROSPER NORTH LLC
CC #20161229001766390
13.310 ACRES
(579,776 SQ. FT.)
NO ADDRESS AVAILABLE
STATE HIGHWAY 289[PRESTON ROAD](variable width right-of-way)LISA COULTER
TRACT1
CC #20150721000897920
SINGLE FAMILY RESIDENT
1/2" CIRF
"VORTEX" (Y)
SIDEWALK
POINT OF
BEGINNING
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2"
CIRS
1/2" CIRS1/2" CIRS
1/2" CIRS
1/2"
CIRS
N 01°26'22" E
280.61'
N 04°24'27" W
179.93'
N 02°33'29" E
192.43'
LOT 9, BLOCK A
THE SHOPS AT PROSPER TRAIL
CAB. 2016, PG. 194
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 2, BLOCK A
FRONTIER ESTATES,
PHASE 1
CAB. 2013, PG. 561
LOT 1, BLOCK D
PROSPER LAKE ON
PRESTON, PHASE 2
CAB. 2018, PG. 108
LOT 3X, BLOCK A
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 1, BLOCK A
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 1, BLOCK B
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 2, BLOCK B
LOT 3, BLOCK B
LOT 4 BLOCK B
LOT 5, BLOCK B
LOT 6, BLOCK B
ST. PETER LANE (80' right-of-way)
LINE TABLE
LINE #BEARING DISTANCE
CURVE TABLE
NO.DELTA RADIUS LENGTH CH. L CH. B
1/2" CIRS
1/2" CIRS
EMERALD TRACE
DRIVE
(50' right-of-way)
TO BE ABANDONED
& FIRELANE/ACCESS
ESMT ESTABLISHED
MM FINISHED LOTS III,
LLC
CC #20171016001381730
MM FINISHED LOTS III, LLC
CC #20171016001381730
BLAINE & STACIE MASON
CC #2018110200136858
MM FINISHED LOTS III, LLC
CC #20171016001381730
MM FINISHED LOTS III, LLC
CC #20171016001381730
PROSPER LAKE HOA
CAB. 2018, PG. 108
CITY OF PROSPER
CC #20131220010003650
BLOCK I
LOT 11
SINGLE FAMILY
RESIDENTIAL
LOT 10
SINGLE FAMILY
RESIDENTIAL
LOT 9
SINGLE FAMILY
RESIDENTIAL
LOT 8
SINGLE FAMILY
RESIDENTIAL
ALA & PAMELA
AL-KHOURI
HARI
MADHUNAPANTULA
SCOTT
HAVLOVIC
WENDY MILLS
FRONTIER ESTATES,
PHASE 3
CAB. 2016, PG. 573
VACANT
VACANT
VACANT
SF RESIDENTIAL
VACANT
VACANT
SF RESIDENTIAL
SF RESIDENTIAL
389.8
4'
N 62°
5
2'
0
3"
E223.85'S 06°10'33" E389.8
4'S 62°
5
7'
3
9"
W
S 06°07'02" E
39.97'280.07'S 05°25'34" ES 82°49'43" W
529.60'
914.83'
N 89°20'16" E
S 82°52'21" W
732.63'
N 01°25'46" E
96.43'
N 88°34'14" W
100.71'104.25'S 07°10'17" ES 55°02'25" W
63.23'ZONING EXHIBIT13.310 ACRESCOLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172TOWN OF PROSPERCOLLIN COUNTY, TEXASMQ DEVELOPMENT COMPANY4622 MAPLE AVENUE SUITE 200DALLAS, TEXAS 7521934271-Zoning08.01.20221" = 60'VICINITY MAP
NOT TO SCALE
34271.00Date :Scale :File :Project No. :G:\342\71\ENGINEERING\Exhibits\34271-Zoning.dwgTexas Engineers Registration No. 89Texas Surveyors No. 10086600 Expires 12/31/2019COPYRIGHT ã 2022, Winkelmann & Associates, Inc.No.DATEREVISIONAPPROV.Scale 1" = 60'
N
S
EW
12060030
G
e
n
t
l
e
C
r
e
e
k
HIGHPOINT
PRAIRIEVIEWNORTHERNBURLINGTONRAEWOOD
CHANDLER
PROSPER TRAIL
STATE HIGHWAY 289SITE
COIT ROADCOLEMAN STREETFUTURE LAND USE:
RESIDENTIAL
PD-RETAIL
PARK
PD FOR
RESTAURANT/RETAIL
& OFFICE USES
ZC 21-003
EXHIBIT A
FUTURE LAND USE:
RESIDENTIAL
FUTURE LAND USE:
FUTURE LAND USE:
RESIDENTIAL
RESIDENTIAL
RETAIL/
RESTAURANT/
OFFICE
ACCESS ESMT
T
O
BE ABANDONE
D
RESIDENTIAL
A
B
B
NOTE:
A - LOTS 1-9 "RETAIL,
RESTAURANT/OFFICE"
B - LOTS 10-11 "RESIDENTIAL"
Page 94
Item 9.
1
Z21-0003
EXHIBIT C
PLANNED DEVELOPMENT CONDITIONS
MQ PROSPER NORTH
A1. Statement of Effect: Lots 1-9, Subdistrict A, shall develop under the regulations of the Retail (R)
District of the Town’s Zoning Ordinance as it exists or may be amended except as otherwise set
forth herein. Lots 10 and 11, Subdistrict B, shall develop under the regulations of the Single
Family-15 (SF-15) District of the Town’s Zoning Ordinance as it exists or may be amended except
as otherwise set forth herein.
A2. Development Plans (Retail and SF-15 Districts); Exhibit – D Concept Plan, Exhibit – E Landscape
Plan; Exhibits F-1-F3 Building Elevations; Exhibit - G Screening Plan
Permitted Uses. Subdistrict A, for Lots 1-7, conditional development standards (C) must be met
per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses shall be permitted as
a Specific Use with the approval of a specific use permit (SUP). Building and parking lot
development is prohibited on Lots 8 and 9.
List of Permitted Uses:
1. Administrative, Medical or Professional Office
2. Alcoholic Beverage Sales, Lots 1 and 5 only
3. Antique Shop
4. Artisan’s Workshop
5. Bank, Savings and Loan, or Credit Union, Lots 1-7 only
6. Beauty Salon, Barber Shop, Lots 1-5only
7. Business Service, Lots 1 – 5 only
8. Child Care Center, Licensed, only one permitted in PD, Lots 2, 3 and 4 by SUP only
9. Dry Cleaning, Minor
10. Furniture, Home Furnishings and Appliance Store, Lot 3
11. Health/Fitness Center, Lots 1-4
12. Insurance Office, Lots 1-5
13. Message Therapy, Licensed, Lots 1-5
14. Print Shop, Minor, Lots 1-5
15. 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.)
16. Retail Stores and Shops, Lots 1-7
17. Retail Service, Indoor, Lots 1-7 only
18. Retail/Service Incidental Use, Lots 1-7
19. School, Private
20. Theatre, Neighborhood, Lot 3 by SUP only
Permitted Uses, Subdistrict B: For Lots 10 and 11, permitted uses are those uses allowed in the
SF-15 District, Section 5.3 of the Zoning Ordinance, Town of Prosper.
A3. Regulations. For Lots 1-9, development is subject to the Retail District except for the following
regulations:
Page 95
Item 9.
2
1. Maximum Height
a. Buildings on Lots 1-7 are limited to one story and a maximum of 30 feet in height.
2. Building Setbacks
a. For Lots 1-7, the minimum building setback from an interior property line is 5 feet, except
that patios may encroach into interior lot line setbacks on Lots 1, 6 and 7. Patios may not
encroach into required landscape setbacks.
3. Maximum Floor Area: Amendment to the Concept Plan is not required for modifications to
the building floor area shown at permit application provided the following criteria is met:
a. Compliance with off-street parking regulations is maintained for the PD District as a
whole.
b. The proposed building floor area does not cause a substandard condition or violate any
other applicable development standard.
c. The proposed building floor area does not exceed the following parameters for each lot:
Lot 1: 8,500 square feet; Lot 2: 9,000 square feet; Lot 3: 15,000 square feet; Lot 4: 5,500
square feet; Lot 5: 6,000 square feet; Lot 6: 6,600 square feet; and, Lot 7: 7,500 square
feet.
A4. Design Guidelines. For Lots 1-7, the development shall adhere to the following design
guidelines:
1. Elevation Review and Approval
a. Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits
F-1, F-2 and F-3.
b. Building Materials in addition to the building materials permitted in Chapter 4, Section 8 of
the Zoning Ordinance, as exists or may be amended, such materials shall also include
Architectural Structural Block, under the trade name “Quik Brick” (a 4” manufactured
concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in
the building elevations Exhibits F-1 – F-3 which is a part herein. The clay-fired brick colors
used in Exhibits F-1 – F-3 shall be consistent throughout the Planned Development District.
Split-faced block, architectural concrete block, and painted/textured concrete tilt wall shall be
limited to a maximum of ten percent (10%) of any single elevation on any pad site.
A 5. Additional Standards
1. Open Space
a. Lots 8 and 9, as depicted on the Exhibit D, shall be maintained as open spaces. Lot 9 shall
contain an amenity pond
b. The amenity pond in Lot 8 shall contain an operable fountain.
c. Lots 8 and 9 improvements shall be developed at the time of construction of phase 1.
d. Lots 8 and 9 improvements shall be constructed at the developer’s cost.
e. Lots 8 and 9 shall be maintained by the property owner, or property management
association.
2. Hike and Bike Trail
a. An 8-foot wide hike and bike trail is required as noted in Lots 2 and 8.
b. The hike and bike trail shall be constructed at the time of construction of phase 1.
Page 96
Item 9.
3
c. The section of hike and bike trail located on Lots 2 and 8 shall be constructed at the
developer’s cost.
3. Landscaping shall adhere to the Landscape Plan, Exhibit E-1 and E-2.
a. A minimum 30-foot landscape easement is required along Preston Road in Lots 1, 6 and 9.
The perimeter trees and shrub requirement may be satisfied through a combination of
existing and proposed trees per Landscape Plan, Exhibit E-1.
b. A berm is required in the landscape easement along Preston Road in Lot 1. Alternative
berming is required in the two areas generally identified on the west side of Lots 6 and 9 per
the Concept Plan and Landscape Plan.
c. A minimum 15-foot landscape easement is required along Saint Peter Lane in Lot5.
d. Perimeter landscaping shall generally comply with the Landscape Plan, Exhibit E-1 and E-2.
4. Landscape, parking lots. Parking lot landscaping shall comply with Section 2 of Prosper
Development Requirements.
5. Landscape Requirements for Certificate of Occupancy. All perimeter landscaping along
Preston Road and Saint Peter Lane and all parking lot landscaping within an individual lot
shall be installed prior to issuance of a certificate of occupancy (CO).
6. Lot Frontage
a. Lots are not required to front on a public right-of-way provided each lot has access to a
dedicated public access, fire lane and utility easement.
7. Perimeter Screening/Fencing. Perimeter screening and fencing shall be provided as shown
on the Perimeter Screening Plan, Exhibit H.
a. Perimeter screening or fencing is not required along the following perimeters adjacent to
residentially zoned property:
i. northern perimeter of Lot 1
ii. eastern, northern, and portions of the southern perimeters of Lot 8
iii. the northern, eastern and southern perimeters of Lot 10, contiguous to residentially
zoned property
b. Perimeter screening is required as follows:
a minimum 6-foot tall ornamental metal fence is required along a portion of the southern
perimeter of Lot 8, along a portion of the eastern perimeter of Lot 2, and all of the eastern
perimeter of Lot 3. Refer to Vegetative Screening Buffer requirements below for vegetative
perimeter requirements. ii. a minimum 6-foot tall masonry wall is required along the shared
perimeter of Lots 4 and 10. Refer to Vegetative Screening Buffer requirements below for
additional perimeter requirements.
8. Vegetative screening buffer requirements
a. A continuous vegetative hedge is required along a portion of the eastern perimeter of
Lot 2 and extending along the entire perimeter of Lot 3 as shown on the Landscape Plan.
The vegetative hedge shall be made of a row of shrubs that grow to a minimum height of
8 feet at maturity. A row of trees is also required in the 15’ Landscape Setback as noted in
Lots 2 and 3 on the Concept Plan and Landscape Plan. A row of evergreen trees is required
along the shared perimeter of Lots 4 and 10.
9. Parking Requirements. For parking purposes in satisfying off-street parking requirements
in Subdistrict A, Lots 1-7 are considered one lot.
A6. Additional Provisions:
Page 97
Item 9.
4
Restaurants located on Lots 1, 6 and 7 may have outdoor dining patios oriented toward the open space
(Lot 9).
Detention facilities are permitted to be dry ponds, subject to compliance with Town of Prosper
Stormwater Regulations, and review and approval by Town Engineering.
The residential tracts shall be incorporated into Lot 10 by replat through the Town’s subdivision platting
process. No additional residential tracts or lots will be created.
Page 98
Item 9.
(80' right-of-way)[PRESTON ROAD](variable width right-of-way)(50' right-of-way)ã VICINITY MAP
NOT TO SCALE
N
S
EW
“”
·
·
Page 99
Item 9.
04/18/23
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED
IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT
REGISTRATION NUMBER 2672) ON 04/18/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND
REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
1921 MAPLEWOOD DR
WEATHERFORD, TX 76087 682-215-9151
PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN ã LOT 1 LOT 2 LOT 3 LOT 4 LOT 5
LOT 6 LOT 7 LOT 8 LOT 9
Page 100
Item 9.
3" Cal.
(4) QUE VIR
3" Cal.
(3) QUE SHU
3" Cal.
QUE SHU (4)
3" Cal.
ACE CDD (5)
3" Cal.
ACE CDD (4)
3" Cal.
QUE SHU (6)
7 gal.
(22) LEU FRU
3" Cal.
(1) CER CAN
3" Cal.
(2) QUE SHU
3" Cal.
QUE VIR (2)
3" Cal.
(3) PIS CHI
7 gal.
(25) HES PAR
3" Cal.
(2) QUE SHU
3" Cal.
(4) ACE CDD
3" Cal.
(2) ULM CRA
45 gal.
(3) ILE DEC
45 gal.
(4) LAG T31
45 gal.
ILE DEC (6)
3" Cal.
(3) ACE CDD
45 gal.
VIT CHA (1)
3" Cal.
CER CAN (3)
3" Cal.
CER CAN (5)
7 gal.
ILE NAN (32)
7 gal.
LEU FRU (31)
7 gal.
YUC MUL (17)
7 gal.
HES PAR (24)
7 gal.
LEU FRU (57)
7 gal.
ILE NAN (56)
7 gal.
YUC MUL (48)
7 gal.
HES PAR (65)
3" Cal.
QUE VIR (2)
3" Cal.
QUE SHU (3)
3" Cal.
CER CAN (6)
3" Cal.
ACE CDD (2)
3" Cal.
ULM CRA (2)
7 gal.
HES PAR (7)
3" Cal.
ACE CDD (2)
3" Cal.
(1) CER CAN
7 gal.
ILE NAN (44)
7 gal.
HES PAR (14)
7 gal.
YUC MUL (5)
3" Cal.
(6) QUE VIR
3" Cal.
(2) PIS CHI
3" Cal.
PIS CHI (4)
3" Cal.
ULM CRA (3)
3" Cal.
CER CAN (5)
3" Cal.
(1) PIS CHI
3" Cal.
ULM CRA (3)
10 gal.
(10) ILE NEL
45 gal.
(4) ILE DEC
3" Cal.
CER CAN (4)
3" Cal.
(2) QUE SHU
3" Cal.
(2) PIS CHI
7 gal.
ILE NAN (41)
3" Cal.
(4) CER CAN
10 gal.
ILE NEL (20)
7 gal.
LEU FRU (33)
10 gal.
ILE NEL (12)
45 gal.
VIT CHA (2)
7 gal.
(21) LEU FRU
3" Cal.
(2) ULM CRA
3" Cal.
ULM CRA (2)
3" Cal.
PIS CHI (3)
3" Cal.
PIS CHI (1)
3" Cal.
ULM CRA (6)
3" Cal.
(2) PIS CHI
45 gal.
VIT CHA (5)
7 gal.
LEU FRU (22)
3" Cal.
ULM CRA (4)
3" Cal.
(9) CER CAN
3" Cal.
(5) QUE SHU
3" Cal.
(2) ACE CDD
3" Cal.
(2) ULM CRA
3" Cal.
(2) PIS CHI
3" Cal.
(2) QUE VIR
45 gal.
(3) ILE DEC
7 gal.
(31) LEU FRU
10 gal.
(45) ILE NEL
3" Cal.
QUE VIR (2)
10 gal.
ILE NEL (12)
7 gal.
HES PAR (48)
3" Cal.
PIS CHI (5)
10 gal.
ILE NEL (16)
3" Cal.
(4) PIS CHI
10 gal.
(13) ILE NEL
7 gal.
(55) LEU FRU
45 gal.
(4) JUN EAS
45 gal.
(12) CUP ARI
45 gal.
(11) CUP ARI
45 gal.
(8) CUP ARI
30 gal.
(36) JUN BR2
6'-0"6'-0"
15'-0" MINIMUM
PL
LANDSCAPE SHRUBS
LANDSCAPE TREE
6' WROUGHT IRON
FENCE/ COLUMNS
4' WALL
4' WALL
15'-0" MINIMUM
LANDSCAPE TREE
6' WROUGHT IRON
FENCE/ COLUMNS
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED
IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT
REGISTRATION NUMBER 2672) ON 04/18/23 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND
REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
1921 MAPLEWOOD DR
WEATHERFORD, TX 76087 682-215-9151
PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN
50'0'
THIS LANDSCAPE PLAN IS PROVIDED TO SHOW
REQUIRED LANDSCAPING TO MEET TOWN OF PROSPER
CODES. THERE ARE EXISTING TREES ON SITE THAT
MAY BE PRESERVED AND/OR MITIGATED BASED ON
FINAL GRADING. PERMIT DRAWINGS WILL REFLECT
EXISTING TREES AND PRESERVATION/MITIGATION.
TREES PRESERVED WITH FINAL GRADING MAY OR MAY
NOT COUNT TOWARDS REQUIRED LANDSCAPING AS
DEFINED IN TOWN LANDSCAPE ORDINANCE.
04/18/23
100'ã TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
ACE CDD 23 Acer saccharum `Caddo`Caddo Sugar Maple 3" Cal.12` Height Min As Shown
CER CAN 44 Cercis canadensis Eastern Redbud 3" Cal.8`As Shown
CUP ARI 34 Cupressus arizonica Arizona Cypress 45 gal.8`-10` Ht.15` o.c.Single Straight Trunk, 3" Cal.
ILE DEC 20 Ilex decidua Possumhaw Holly 45 gal.8`As Shown 3" caliper Min.
JUN EAS 4 Juniperus virginiana Eastern Redcedar 45 gal.8`-10` Ht.3" caliper Min.
JUN BR2 39 Juniperus virginiana 'Brodie'Brodie Eastern Redcedar 30 gal.8`Single Straight Trunk
LAG DA2 1 Lagerstroemia indica `Dallas Red`Red Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min.
LAG T31 11 Lagerstroemia indica `Tuscarora`Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min.
PIS CHI 33 Pistacia chinensis Chinese Pistache 3" Cal.10` Min.As Shown
QUE SHU 28 Quercus shumardii Shumard Red Oak 3" Cal.12` Height Min As Shown
QUE VIR 19 Quercus virginiana Southern Live Oak 3" Cal.12` Height Min As Shown
ULM CRA 30 Ulmus crassifolia Cedar Elm 3" Cal.12` Height Min As Shown
VIT CHA 8 Vitex agnus-castus Chaste Tree 45 gal.8`As Shown 3" Caliper Min.
SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
HES PAR 186 Hesperaloe parviflora Red Yucca 7 gal.18"-24"48" O.C.
ILE NAN 191 Ilex vomitoria 'Nana'Dwarf Yaupon Holly 7 gal.18"-24"36" O.C.
ILE NEL 144 Ilex x `Nellie R. Stevens`Nellie R. Stevens Holly 10 gal.36" Min 48" O.C.
LEU FRU 282 Leucophyllum frutescens Texas Sage 7 gal.24"-36"48" O.C.
YUC MUL 72 Yucca recurvifolia Soft Leaf Yucca Multi-Trunk 7 gal.18"-24"48" O.C.
GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS
CYN DAC 80,258 sf Cynodon dactylon Bermuda Grass Hydro-Mulch Turf to be established prior to
final acceptance
NAS PON 5,570 Nassella tenuissima `Pony Tails`Mexican Feathergrass 4" pots 18" O.C.18" o.c.
TRA ASI 1,807 Trachelospermum asiaticum Asiatic Jasmine 4" pots 12" O.C.12" o.c.
PLANT SCHEDULE
NOTE:
THIS PLAN IS CONCEPTUAL IN
NATURE AND THE DETAIL PER
THE PD AND TOWN
ORDINANCE WILL BE
PROVIDED WITH THE SP/PSP.
COMBINATION 4' RETAINING
WALLS AND LANDSCAPE TO
PROVIDE MINIMUM 8' SCREEN
TRAIL BRIDGE
ARIZONA CYPRESS'BRODIE' JUNIPER
MASONRY WALL
AA
BB
SECTION A-A SECTION B-B
TURF SHALL BE ESTABLISHED
PRIOR TO FINAL ACCEPTANCE
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Item 9.
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Item 9.
(80' right-of-way)[PRESTON ROAD](variable width right-of-way)(50' right-of-way)ã VICINITY MAP
NOT TO SCALE
N
S
EW
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1
David Soto
From:Ala Al-khouri <alkhouri1973@gmail.com>
Sent:Friday, September 16, 2022 6:00 PM
To:David Soto
Subject:[*EXTERNAL*] - Re: Z21-0003 MQ/Prosper North
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive
sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages
from this email. *****
Re: File Z 21-0003 MQ Development – MQ Prosper North
Dear Town Officials – I was originally opposed to MQ Development’s commercial proposal planned at the northeast
corner of Preston Road and Saint Peter Lane. Since the original proposal, the developer has met and spoken with me
several times on a few of my concerns. The developer has made changes to the plan that include addressing the
following items: 1) re-located parking spaces and dumpsters, 2) added robust planting of trees and shrubs between our
properties, 3) re-located the planned trail farther west away from my property; and 4) ensured the preservation of trees
on planned Lot 8.
The developer has appeased my concerns and I am in full support of the proposal
Thanks
Ala Alkhouri
. On Tue, Sep 13, 2022 at 5:15 PM David Soto <dsoto@prospertx.gov> wrote:
I did talk to Parks and wanted to setup a meeting to discuss the trail.
We have Thursday afternoon or Friday available.
David I. Soto
Planning Manager
972.569.1095
250 W. First Street
Page 107
Item 9.
1
Douglas Braches
From:Colleen Berlinger <colleenberlinger@gmail.com>
Sent:Wednesday, September 14, 2022 9:43 PM
To:Brandon Daniel; Sarah Peterson; Damon Jackson; sekou_harris@prospertx.gov; Michael Pettis; Doug
Charles; Tommy Van Wolfe; David Soto; Paul Rodriguez; Pamela Clark; Douglas Braches
Subject:[*EXTERNAL*] - Don Silverman-MQ Development/Re-Zoning Preston Rd.
Follow Up Flag:Follow up
Flag Status:Flagged
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive
sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages
from this email. *****
Good Morning,
I wanted to share my opposition and concern about the proposed rezoning of the land north of the Prosper Kroger on
Preston Rd, which is set to be discussed at the September 10, 2022 meeting. Unfortunately I am unable to attend in
person.
This property is adjacent to a street in our neighborhood, where homeowners spent significant sums of money for their
'premium lots' due to the location, privacy and the greenspace area behind them. They are now facing having their
home values plummet by having a commercial complex built behind their homes. This is completely unacceptable and
in my opinion would be irresponsible for the town to approve. What is next, The Montclair, the old Deion Sanders
property? You should not be approving communities and then changing the aesthetic of them once something else
comes along.
I am also concerned about what effects the building and regrading are going to have on the area where the current
retention pond in Prosper Lake on Preston overflows to. If the area is disturbed and not handled appropriately it could
very well cause the retention pond to overflow and flood homes in the adjacent area.
Our home is at the opposite end of the overflow/outlet but this is a very real concern for us. Previously we lived in a
home that flooded for a similar issue. Our former town redirected water into a retention pond next to our home, we
had a heavy rain and our entire neighborhood flooded causing massive damage, service interruptions, and health
issues. I do not want to experience that again.
Finally, all I can ask is that each of you come walk the area and think about what your reaction would be to the proposed
changes if you owned a home on Dublin Ridge or any property in Prosper Lake on Preston?
Thank you for your thoughtful consideration.
Respectfully,
Colleen Berlinger
1711 Lakefront Dr.
Page 108
Item 9.
1
Pamela Clark
From:David Soto
Sent:Friday, September 16, 2022 4:09 PM
To:Douglas Braches
Subject:FW: [*EXTERNAL*] - Objection to Zoning change
David I. Soto
Planning Manager
972.569.1095
250 W. First Street
Town of Prosper
www.prospertx.gov
‐‐‐‐‐Original Message‐‐‐‐‐
From: Don Larrenaga <dllarrenaga@gmail.com>
Sent: Friday, September 16, 2022 4:04 PM
To: David Soto <dsoto@prospertx.gov>
Subject: [*EXTERNAL*] ‐ Objection to Zoning change
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender
verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email.
*****
Dear Mr Soto,
I live at 1521 Saint Peter Ln, Prosper, Tx.
I want to formally object to a zoning change to the property directly behind my house. I bought my home know the
property behind my house was not zoned commercial. A zoning change will drastically reduce the value of my property
as well as my neighbors. I am out of town for business until 9‐26‐22. I will file a file a written objection to any zoning
changes upon my return. Once again I want to express my adamant objections to any zoning changes to the property
behind my home.
Thank you,
Don Larrenaga
Sent from my iPhone
Page 109
Item 9.
Page 110
Item 9.
1
Pamela Clark
From:Jayson Maslowski <jayson.maslowski@gmail.com>
Sent:Tuesday, September 13, 2022 4:03 PM
To:Douglas Braches
Subject:[*EXTERNAL*] - RE: Public Hearing Notice Z21-0003 MQ Prosper North
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive
sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages
from this email. *****
Doug,
Thank for sending the forms over. For the record, my wife and I strongly oppose zoning case: Z21‐0003. We oppose to
the residental property because it is too close to our walking path, it would cause the destruction of mature trees, we
oppose the extention of the walking path that would look into our backyard, retail spaces too close to our property and
would have a view into our back yard and finally we don't want to hear the additional traffic that this would generate.
Please save our response in the case file.
I will be sending in my written response and plan on attending the formal meeting.
Thank you,
Jayson Maslowski
1601 Dublin Ridge Dr
Prosper TX 75078
Ph: 603‐501‐9158
‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐
From: Douglas Braches <DBraches@prospertx.gov>
Date: 9/13/22 3:50 PM (GMT‐06:00)
To: jayson.maslowski@gmail.com
Subject: Public Hearing Notice Z21‐0003 MQ Prosper North
Hello,
See attached for the public hearing notice for zoning case Z21‐0003.
Feel free to email me back any comments or reply that you have and I will save it to our case file.
Page 111
Item 9.
2
Thank you and if you have any questions please let me know,
Doug Braches
Planning Technician
Town of Prosper
250 W. First Street
Prosper, TX 75078
972‐569‐1097
DBraches@prospertx.gov
www.prospertx.gov
Confidentiality notice: This email and any files accompanying its transmission are intended only for the recipient to
whom it was addressed. This email may contain information that is legally privileged, confidential, or exempt from
disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized use, disclosure,
duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have
received this in error, please notify the sender by return email and then remove it immediately from your system.
Page 112
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Item 9.
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Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Mario Canizares, Town Manager’s Office
Re: Adopting the Town Council’s Visioning Priorities
Town Council Meeting – April 25, 2023
Agenda Item:
Consider and act to adopt the Priorities of the Prosper Town Council from the Council’s Strategic
Visioning Event(s) held on February 18 and March 20, 2023.
Description of Agenda Item:
The Town utilized the firm of Government Professional Services (GPS) to facilitate a workshop
with the Town Council to create a short-term and long-term vision for the community. The
workshops were held over the course of two dates, February 18 and March 20. The visioning
exercise consisted of the entire Town Council, the former Interim Town Manager, and Town
Manager.
Based on the in-depth discussion by the group, the following areas were identified as priorities for
Town Staff and Council to be emphasized for the next one to three years:
1. The acceleration of infrastructure.
2. The development of Downtown Prosper as a destination.
3. Ensuring that the Town’s commercial corridors are ready for development.
4. Continue to provide excellence in municipal services.
5. Work towards a growing and diversified tax base.
The long-term vision (5-10 years) is to continue emphasizing the items identified above and to
incorporate the addition of new municipal facilities to address the continued population and
commercial growth within the Town. At the conclusion of the workshop, the Council requested that
the visioning priorities be summarized and brought forward for the Council’s formal adoption.
Bret Bauer with GPS will be virtually attending the April 25th Council meeting to recap the process
the Council utilized and summarize the priorities that the group coalesced on.
Once these priorities are formally adopted by the Town Council, the staff will utilize these directives
in building the budget for the next few years, including the fiscal year 2023-2024 budget.
Budget Impact:
There is no budgetary impact affiliated with this item.
Town Manager’s Office
Page 117
Item 10.
Page 2 of 2
Attached Documents:
1. Town Council’s Visioning Priorities
Town Staff Recommendation:
Town Staff recommends approving the adoption of the Visioning Priorities of the Prosper Town
Council from the Council’s Strategic Visioning Event(s).
Proposed Motion:
I move to approve the adoption of the Visioning Priorities as agreed upon from the Council
Strategic Visioning Event(s).
Page 118
Item 10.
Prosper Town Council
Summary of the Strategic Visioning Event
1-2 Year Objectives:
1. Acceleration of infrastructure.
Written Summary:
Work with the Capital Improvement Subcommittee to best determine the acceleratfon of the Town’s
Bond and Capital Program to ensure that public infrastructure is planned and constructed in an
accelerated manner to meet the demands of a growing community. Projects include streets/roadways,
drainage, parks, facilitfes, water, sewer, downtown, and broadband improvements. The subcommittee
along with staff should use all financial methods such as town bonds and C.O. obligatfon, the capital
dedicated levy, budget savings, impact fees, grants, and regional funding.
2. Development of downtown as a destination.
Written Summary:
In collaboratfon with the Downtown Business Alliance, Citfzen Engagement Committee, and Prosper
Economic Development Corporatfon (EDC), implement the recommendatfons from the Downtown
Master Plan. The efforts are to encourage a mix of public and private developments and improvements
that are catalysts for office, retail, restaurants, entertainment, housing, public art, community gathering
spaces, outdoor events, and actfvitfes.
3. Commercial corridors are ready for development.
Written Summary:
Ensure that US Highway 380 and the Dallas North Tollway are primed for high quality, high value
developments. Develop and enact long-term strategies and policies that address land use, landscaping,
lightfng, and traffic. Work with TXDOT, NTTA, and private development that ensures roadway
infrastructure adequately addresses the demands for future development. Work with the Capital
Improvement Subcommittee and Prosper EDC to determine the prioritfzatfon of infrastructure and
incentfves, when appropriate, for business development.
4. Excellence of municipal services
Written Summary:
Strive towards being a high-performing organizatfon where the Town government is contfnuously
improving, looking at best practfces, and benchmarking itself with other communitfes. Develop an
aligned organizatfonal culture of excellence in all things we do and provide financial resources and
support necessary to support these goals. This includes providing a welcoming and respectiul
environment for our residents, visitors, and Town employees.
5. A growing and diversified tax base
Written Summary:
Contfnue to explore strategies and solutfons that will increase and diversify Prosper’s property values so
that Prosper residents can enjoy quality municipal services. For the Town and Prosper EDC to collaborate
on economic development opportunitfes to ensure the projects are of long-term value and high quality.
Be adaptable to changing market conditfons and work with private developers with an emphasis to locate
corporate, medical, life sciences sectors and call Prosper home. Contfnue to utflize metrics that evaluate
Page 119
Item 10.
Prosper’s tax base and develop strategies to create resiliencies against recessions or downtowns in
market conditfons.
5-10 Year Objectives:
Written Summary:
Contfnue addressing and working towards advancing the short-term prioritfes. From a longer-term
perspectfve, incorporate ultfmate facility, program, and staffing needs that cannot be accomplished in
the short-term. Working with the Capital Improvement Subcommittee to begin planning for a future
bond program and/or a Pay As You program.
Page 120
Item 10.