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10.15.19 PZ Packet ] 1. Call to Order / Roll Call 2. Pledge of Allegiance. 3. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A Planning & Zoning Commissioner may remove any item for discussion and separate action. Planning & Zoning Commissioners may vote nay on any single item without comment and may submit written comments as part of the official record.) 3a. Consider and act upon minutes from the October 1, 2019, Planning & Zoning Commission Regular meeting. 3b. Consider and act upon a Site Plan for a Credit Union with Drive-Through (Neighborhood Credit Union), on 1.5± acres, located on the north side of US 380, west of Coit Road. The property is zoned Planned Development-2 (PD-2). (D19-0090). 3c. Consider and act upon a Final Plat for Prosper Commons, Block B, Lot 3, on 1.5± acres, located on the north side of US 380, west of Coit Road. The property is zoned Planned Development-2 (PD-2). (D19-0091). 3d. Consider and act upon a Final Plat for Windsong Ranch, Phase 5D, for 93 single family residential lots and seven (7) HOA/open space lots, on 38.2± acres, located on the southwest corner of future Windsong Parkway and Teel Parkway. The property is zoned Planned Development-40 (PD-40). (D19-0092). REGULAR AGENDA If you wish to address the Planning & Zoning Commission, please fill out a “Public Meeting Appearance Card” and present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Planning & Zoning Commission 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 address the Commission when the item is considered by the Planning & Zoning Commission. 4. Conduct a Public Hearing, and consider and act upon a request to modify the development standards of Planned Development-40 (PD-40), for Windsong Ranch, including but not limited to key lot side yard setbacks. (Z19-0015). 5. Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-68 (PD-68), Shops at Prosper Trail, on 33.2± acres, located on the northeast corner of Preston Road and Prosper Trail, generally to modify the development standards, including but not limited to permitting a drive-through restaurant, outdoor sales and display, modified parking regulations, and architectural design. (Z19 -0017). 6. Discussion Regarding Windsong Ranch, Phases 6-9. AGENDA Regular Meeting of the Prosper Planning & Zoning Commission Prosper Town Hall Council Chambers 250 W. First Street, Prosper, Texas Tuesday, October 15, 2019, 6:00 p.m. Prosper is a place where everyone matters. 7. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 8. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 200 S. Main 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, October 11, 2019, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Melissa Lee, Deputy 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. 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 Hall is 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. Page 1 ] 1. Call to Order / Roll Call The meeting was called to order at 6:00 p.m. Commissioners present: Amy Bartley, Charles Cotten, Brandon Daniel, Joe Grinstead, Chris Kern, Chris Long, and Sarah Peterson. Staff present: Hulon Webb, Director of Engineering Services; John Webb, Director of Development Services; Alex Glushko, Planning Manager; Scott Ingalls, Senior Planner; Pamela Clark, Planning/GIS Specialist; and Evelyn Mendez, Planning Technician. Recognition of new Commissioner, Chris Kern. 2. Recitation of the Pledge of Allegiance. 3. Consider and act upon the appointment of the Planning & Zoning Chairman, Vice Chairman and Secretary. Motion by Daniel, second by Long, to appoint Charles Cotten as Chairman. Motion approved 7-0. Motion by Peterson, second by Bartley, to appoint Brandon Daniel as Vice-Chairman. Motion approved 7-0. Motion by Peterson, second by Cotten, to appoint Amy Bartley as Secretary. Motion approved 7-0. 4. CONSENT AGENDA 4a. Consider and act upon minutes from the September 17, 2019, Planning & Zoning Commission Regular meeting. 4b. Consider and act upon a Preliminary Plat for Malabar Hill, for 96 single family residential lots and twelve (12) HOA/open space lots, on 45.0± acres, located on the south side of First Street, west of Custer Road. The property is zoned Planned Development-88 (PD-88). (D19-0079). 4c. Consider and act upon a Site Plan for an Amenity Center for the Lakes at Legacy subdivision, on 1.7± acres, located west of Legacy Drive and south of Prairie Drive. (D19-0086). 4d. Consider and act upon a Conveyance Plat for Gates of Prosper, Phase 2, Block B, Lots 1-2, on 194.7± acres, located on the southwest corner of Preston Road and Richland Boulevard. The property is zoned Planned Development-67 (PD-67). (D19- 0087). MINUTES Regular Meeting of the Prosper Planning & Zoning Commission Prosper Town Hall Council Chambers 250 W. First Street, Prosper, Texas Tuesday, October 1, 2019, 6:00 p.m. Prosper is a place where everyone matters. Page 2 4e. Consider and act upon a Final Plat for Gates of Prosper, Phase 2, Block B, Lot 1, on 4.4± acres, located on the southwest corner of Preston Road and Richland Boulevard. The property is zoned Planned Development-67 (PD-67). (D19-0088) 4f. Consider and act upon a Conveyance Plat for Gates of Prosper, Phase 2, Block A, Lots 1-14, on 52.1± acres, located on the southwest corner of Preston Road and Lovers Lane. The property is zoned Planned Development-67 (PD-67). (D19-0089). 4g. Consider and act upon a Site Plan for a restaurant expansion (Cotton Gin Cafe), on 0.2± acres, located on the northwest corner of Broadway Street and Main Street. The property is zoned Downtown Retail (DTR). (D19-0093). Secretary Bartley requested Item 4b. be pulled from the Consent Agenda. Motion by Vice-Chairman Daniel, second by Grinstead, to approve Items 4a., 4c., 4d., 4e., 4f., and 4g., on the Consent Agenda, subject to staff recommendations. Motion approved 7-0. Regarding Item 4b., the Commission inquired about the alignment of First Street, as shown on the Malabar Hill Preliminary Plat, in relationship to the Thoroughfare Plan. Ingalls: Provided a summary of the proposed Preliminary Plat. The following residents of Whitley Place were in attendance to speak in opposition to the proposed Preliminary Plat: Dennis De Mattei, Kathy Seei, Ron Justice, Rebecca Turner, Mary Hammack, Linda De Mattei, Jeff Steel, Shane White, Scott Martin, Robert Benson, Juan Carlos Diaz, Stan Youngblood, Mike and Toni Witte, and Jonathan Anderson. The residents noted support for the proposed residential use; however, expressed concern about the proposed alignment of First Street on the Preliminary Plat in relationship with the Thoroughfare Plan. Concerns expressed by the residents included, but were not limited to; the distance between the Whitley Place lots along Teton Place and future First Street; safety of the existing and proposed First Street alignment, including grade differentials, speed limits, and the need for a traffic light in the future; the alignment of the proposed entry drives into Whitley Place and Malabar Hill; zoning entitlements and residential density; and waterline design and construction effectively setting future roadway alignments. Warren Corwin (Applicant): Provided a summary of the proposed development. Hulon Webb: Provided a history of the alignment and design of the waterline on First Street and Town design criteria for roadways to ensure safety. Indicated staff did not have adequate time to comprehensively analyze a relocation of First Street including the existing waterline since the previous Planning & Zoning Commission meeting, and noted the developer did not want to deviate from the alignment on the Preliminary Plat. Glushko: Provided information regarding the intent of the Comprehensive Plan and Thoroughfare Plan as a guide, and informed Commission the Preliminary Plat does not violate any Town ordinance and should be approved. John Webb: Discussed the history of First Street, noting the 2008 recordation of the Whitley Place, Phase 1 plat which depicted the proposed the alignment of First Street as also shown on the Malabar Hill Preliminary Plat. Upon a question from Chairman Cotten, Mr. Webb confirmed the depicted alignment was not part of the recorded plat of Whitley Place, Phase1. Page 3 Commissioners indicated concern with the alignment of First Street as shown on the Preliminary Plat, as compared to the Thoroughfare Plan, and the proximity of First Street to Whitley Place. Inquired about the possibility of relocating proposed First Street to the south side of the existing waterline. Commissioners noted the proposed Preliminary Plat meets all Town requirements for approval. Motioned by Peterson, seconded by Daniel, to approve Item 4b., subject to staff recommendations. Motion approved 5-2. Commissioners Bartley and Kern voted in opposition to the request. REGULAR AGENDA 5. Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-40 (PD-40), generally to modify the Development Standards for The Lagoon, on 25.3± acres, located on the north side of Pepper Grass Lane, east of Windsong Parkway. (Z19-0014). Ingalls: Summarized the request, presented exhibits, and recommended approval. Chairman Cotton opened the Public Hearing. There being no speakers, the Public Hearing was closed. Commissioners voiced support for the request. Motion by Vice-Chairman Daniel, second by Kern, to approve Item 5. Motion approved 7-0. 6. Consider and act upon a request to update the Planned Development-91 (PD-91) Conceptual Development Plan for Cook Children’s Medical Center, on 25.3± acres, located on the northeast corner of US 380 and Windsong Parkway. (Z19-0018). Ingalls: Summarized the request, presented exhibits, and recommended approval. Commissioners voiced support for the request. Motioned by Peterson, seconded by Long, to approve Item 6. Motion approved 7-0. 7. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Glushko: Provided a summary of recent action taken by Town Council. 8. Adjourn. Motioned by Long, seconded by Grinstead, to adjourn. Motion approved 7-0 at 7:55 p.m. ___________________________________ ______________________________________ Evelyn Mendez, Planning Technician Amy Bartley, Secretary Page 1 of 1 To: Planning & Zoning Commission Item No. 3b From: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – October 15, 2019 Agenda Item: Consider and act upon a Site Plan for a Credit Union with Drive-Through (Neighborhood Credit Union), on 1.5± acres, located on the north side of US 380, west of Coit Road. The property is zoned Planned Development-2 (PD-2). (D19-0090). Description of Agenda Item: The Site Plan shows the proposed 2,000 square-foot Credit Union with three (3) drive-through lanes. Access is provided from US 380. Adequate parking has been provided. The Site Plan conforms to the PD-2 development standards. As a companion item, the Final Plat for Prosper Commons, Block B, Lot 3 (D19-0091) is on the October 15, 2019 agenda. Attached Documents: 1. Location Map 2. Site Plan Staff Recommendation: Staff recommends approval of the Site Plan subject to: 1. Town staff approval of civil engineering, landscape, irrigation plans, open space plans, and façade elevations. 2. Town staff approval of all fire hydrants, fire department connection (FDC) and fire lanes, including widths, radii, and location. Prosper is a place where everyone matters. PLANNING D19-0090 UNIVERSITY DRCOIT RDRICHLAND BLVD US HIGHWAY 380 PROSPER COMMONS BLVDCOIT RD±0 250 500125 Feet VANLIGHT POLELIGHT POLELIGHT POLELIGHT POLELIGHT POLELIGHT POLELIGHT POLEWHEEL STOPWHEEL STOPPROSPER COMMONSBLOCK B, LOT 3SITE AREA = 62,924 SF1.45 ACNEIGHBORHOOD CREDITUNION BANKSINGLE STORY2,000 SFFFE = 751.25BOLLARDPROTECTIONFOR ATM (TYP)HANDICAPPARKING SIGNDUMPSTERENCLOSURE9.0'20.0'20.0'9.0'R30.0'R54.0'R30.0'R10.0'74.1'85.3'106.0'R3.0 ' R10.0' 8. 6 ' R 3 0 . 0 '151.3'R30.0'R10 . 0 '109.9'R30.0'R30.0'R30.0'R30.0'12. 0 '75.8'R1 5 . 0 'R30.0'R30.0'53.1'111.5'R2.5'R2.5'R2.5'R2.5 ' 24.0'20.0'10.0'87.2'20.0'R15.0'4.6'32.1'53.2'24.0'24.0'24.0'858EXIST FIREHYDRANT1" IRR. METER2" DOM. METERSCREENING WALL TOMATCH BUILDINGMATERIALS215.0'CURBINLETCURBINLETSCREENING WALL TO MATCHBUILDING MATERIALS9.0'9.0'20.0'8.0'EXIST FIREHYDRANT47.3'63.9'RAMP62.0'ATM CANOPYR30.0'R30.0'R54.0'FIREHYDRANT10' WATEREASEMENT10' WATEREASEMENT10' WATEREASEMENT15 . 0 '14.0'EXIST 6' SIDEWALKAND RAMP6' SIDEWALK5' SIDEWALK6" CURB TO BE ADDEDTO EXISTING FIRE LANE5.0'6.0'HATCH INDICATES FIRE LANEBY OTHERS. REF CIVILCONSTRUCTION PLANS FORNWC OF COIT & 380SITE PLANSITE PLANPROSPER COMMONSBLOCK B, LOT 3CASE # - D19-00901.445 ACRESHARRISON JAMISON SURVEY, ABSTRACT NO. 480TOWN OF PROSPER, COLLIN COUNTY, TEXASPREPARATION DATE: SEPTEMBER 2019ENGINEER/ APPLICANTJONES & CARTER6509 WINDCREST DRIVE, SUITE 600PLANO, TX 75024TEL: 972.488.3880FAX: 972.488.3882CONTACT: SHAWN GRAHAM, PEDEVELOPERLEVEL 52018 POWERS FERRY RD SE, SUITE 750ATLANTA, GA 30339TEL: 404.761.0008FAX: 678.539.2850CONTACT: DAVID N. LAPPARCHITECTGAHL ARCHITECTURE, INC.3875 REGENT DRIVEDALLAS, TX 75229TEL: 214.956.8500CONTACT: JIM GAHLFINAL SITE PLAN NOTES:A) No trees are located on the site. Therefore, no tree survey has been provided.B) All distances are measured to face of curb unless otherwise noted.C) No 100-year floodplain exists on the site.D) Any revision to this plan will require Town approval and will require revisions to any corresponding plans toavoid conflicts between plans.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 Ordinanceand 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 measuresmay be approved by the Fire Department.7) Fire lanes shall be designed and constructed per Town Standards or as directed by the Fire Department.8) Two points of access shall be maintained for the property at all times.9) Speed bumps/humps are not permitted within a fire lane.10) 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.11) All signage is subject to Building Official approval.12) All fences and retaining walls shall be shown on the Site Plan and are subject to Building Official approval.13) All exterior building materials are subject to Building Official approval and shall conform to the approvedfaçade plan.14) Sidewalks of not less than six (6) feet in width along thoroughfares and collectors and five (5) feet in widthalong residential streets, and barrier free ramps at all curb crossings shall be provided per Town Standards.15) Approval of the Site Plan is not final until all engineering plans are approved by the EngineeringDepartment.16) Site Plan approval is required prior to grading release.17) All new electrical lines shall be installed and/or relocated underground.18) All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance.19) All landscape easements must be exclusive of any other type of easement.20) Impact fees will be assessed in accordance with the land use classification(s) identified on the Site DataSummary Table; however, changes to the proposed land use at the time of CO and/or finish-out permit mayresult in additional impact fees and/or parking requirements.21) The approval of a site plan shall be effective for a period of eighteen (18) months from the date that thesite plan is approved by the Planning & Zoning Commission, at the end of which time the applicant must havesubmitted and received approval of engineering plans and building permits. If the engineering plans andbuilding permits are not approved, the site plan approval, together with any preliminary site plan for theproperty is null and void.1" = 2000'PROJECTLOCATIONLOCATION MAPFIRE HYDRANT W/ GATE VALVEWASTEWATER W/ CLEANOUTGROUND CONTOURWATERLINE W/ GATE VALVEWASTEWATER W/ MANHOLESTORM SEWER W/ MANHOLESTORM SEWER W/ CURB INLETOVERHEAD ELECTRIC W/POWER POLEWATERLINE W/ METERGAS LINEEXISTING LEGENDPROPERTY LINEPROPOSED LEGENDFIRE ACCESS AND UTILITY EASEMENTOWNER3EIGHTY COIT PARTNERS, LP4303 W. LOVERS LANE, SUITE 200DALLAS, TX 75209-2803F: 214.366.0009CONTACT: DAVID FOGELREVISIONS TOWN OF PROSPER, TEXAS NEIGHBORHOOD CREDIT UNIONOF No.Date App.SHEET NO.K:\15234\15234-0005-00 Prosper Commons ALTA Survey\2 Design Phase\CAD\Plans\Site\FSP for PROSPER NCU.dwg AWS3: October 08, 2019© 2019 Jones | Carter JOB NO.: SCALE:DESIGNED BY.:AWS CHECKED BY:SCG Texas Board of Professional Engineers Registration No. F-439 ABCDEF1234 SHAWN C. GRAHAM111432OCTOBER 2019INTERIM REVIEWNot intended for construction,bidding or permit purposes.P.E. Serial No.:Date:Engineer:DATE: DRAWN BY:CAD 6509 Windcrest Drive, Suite 600  Plano, Texas 75024  972.488.3880 AS SHOWN 15234-0005-00 TOP OF BERMSWALEBENCHMARK NO. 1 “X” CUT ON TOP OF INLET BOX LOCATED ON THE NORTH SIDE OF U. S. HIGHWAY 380(UNIVERSITY DRIVE) AND BEING LOCATED 820'+/- WEST OF THE INTERSECTION OF COIT ROADAND U. S. HIGHWAY 380 (UNIVERSITY DRIVE). ELEV. = 751.67BENCHMARK NO. 2“X” CUT ON TOP OF SIDEWALK LOCATED 100'+/- NORTH OF THE CENTERLINE OF U. S.HIGHWAY 380 (UNIVERSITY DRIVE) AND 1230'+/- WEST OF THE INTERSECTION OF COIT ROADAND U. S. HIGHWAY 380 (UNIVERSITY DRIVE). ELEV. = 746.05 Page 1 of 1 To: Planning & Zoning Commission Item No. 3c From: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – October 15, 2019 Agenda Item: Consider and act upon a Final Plat for Prosper Commons, Block B, Lot 3, on 1.5± acres, located on the north side of US 380, west of Coit Road. The property is zoned Planned Development-2 (PD-2). (D19-0091). Description of Agenda Item: The Final Plat dedicates all easements necessary for development and conforms to the PD-2 development standards. As a companion item, the Site Plan for a Credit Union (Neighborhood Credit Union), D19-0090, is on the October 15, 2019 agenda. Attached Documents: 1. Location Map 2. Final Plat Town Staff Recommendation: Town staff recommends approval of the Final Plat, subject to: 1. Town staff approval of all additions and/or alterations to the easements and dedications on the Final Plat. Prosper is a place where everyone matters. PLANNING D19-0091 UNIVERSITY DRCOIT RDRICHLAND BLVD US HIGHWAY 380 PROSPER COMMONS BLVDCOIT RD±0 250 500125 Feet LIMITROCKHILLPROSPERCITYLIMIT380CRAIG FRISCOCITYCOIT R U T H E R F O R D BR A N C HBRANCHPARVIN SUBJECT TRACT5/8" CIRS(VARIABLE WIDTH RIGHT-OF-WAY)U.S. HIGHWAY 380 (UNIVERSITY DRIVE)5/8" CIRS5/8" IRF(CM)5/8" IRF(CM)"X" CUT FOUNDIN CONC.(CM)"X" CUT FOUNDIN CONC.(CM)5/8" CIRS5/8" IRF(CM)P.O.B.SCALE: 1" = 40'SHEET 1 OF 1JOB No. 15234-0005 BAS/EM DWG No. 1807ENGINEER / SURVEYOR:DEVELOPER / OWNER:CURVE TABLEVICINITY MAPContact: Eddie Martinez, E-mail: emartinez@jonescarter.comTexas Board of Professional Land Surveying Registration No. 100461-03Texas Board of Professional Engineers Registration No. F-4396509 Windcrest Drive, Suite 600  Plano, Texas 75024972.488.3880LINE TABLELEGENDPOCPOBCMR.O.W.VOL.PG.ESMTIRFCIRFCIRSD.R.D.C.TR.P.R.D.C.T.O.R.D.C.TC.C.F.POINT OF COMMENCINGPOINT OF BEGINNINGCONTROL MONUMENTRIGHT OF WAYVOLUMEPAGEEASEMENTIRON ROD FOUNDCAPPED IRON ROD FOUND5/8" CAPPED IRON ROD WITH YELLOW CAPSTAMPED "JONES CARTER" SET FOR CORNERDEED RECORDS, COLLIN COUNTY, TEXASREAL PROPERTY RECORDS, COLLIN COUNTY, TEXASOFFICIAL RECORDS, COLLIN COUNTY, TEXASCOUNTY CLERK FILE NUMBER0' 20' 40'80'PROSPER COMMONSLOT 3, BLOCK BBEING 1.445 ACRES SITUATED IN THEHARRISON JAMISON SURVEY, ABSTRACT NO. 480IN THETOWN OF PROSPER, COLLIN COUNTY, TEXASTOWN OF PROSPER CASE NO. D19-0091OFFINAL PLAT GENERAL NOTES:1. Bearings are based on the Texas State Plain Coordinate System,NAD 83, North Central Zone 4202.2. Set monuments are 5/8” iron rods with yellow plastic cap stamped“Jones Carter”, unless noted otherwise. 3. Inherent inaccuracies of FEMA or Flood Insurance Rate Mapspreclude a surveyor from certifying to the accuracies of locationsbased on such maps. All flood-plain information on this survey isfor graphical depiction only, as scaled off of Firm Panel Map No.48085C0235J, dated June 02, 2009.CERTIFICATE OF SURVEYORSTATE OF TEXASCOUNTY OF _______________That I, Eduardo Martinez, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that thecorner monuments shown thereon as set were properly placed under my personal supervision in accordance with the plattingrules and regulations of The Town of Prosper, Collin County, Texas.______________________________________________Eduardo MartinezRegistered Professional Land Surveyor No. 5274STATE OF TEXASCOUNTY OF _______________BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Eduardo Martinez,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that heexecuted the same for the purposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______th day of ____________________, 20____.______________________________________________________________Notary Public in and for the State of TexasACCESS EASEMENTThe undersigned covenants and agrees that the access easement(s) may be utilized by anyperson of the general public for ingress and egress to other real property, and for thepurpose of general public vehicular use and access, and for the Fire Department, Police, andemergency use in along, upon, and across said premises, with the right and privilege at alltime of the Town of Prosper, its agents, employees, workmen and representatives havingingress, egress, and regress in, along, upon, and across said premises.FIRE LANE EASEMENTThe undersigned covenants and agrees that he (they) shall construct upon the fire laneeasements, as dedicated and shown hereon, a hard surface paved in accordance with Townstandards and that he (they) shall maintain the same in a state of food repair at all times andkeep the same free and clear of any structures, fenced trees, shrubs, or other improvementsor obstruction, including but not limited to the parking, loading, or unloading of motorvehicles, trailers, boats, or other impediments to the access of fire apparatus. Themaintenance of pavement in accordance to Town standards of the fire lane easements is theresponsibility of the owner, and the owner shall post and maintain signage in accordance toTown standards in conspicuous places along the fire lanes, stating “Fire Lane, No Parking”.The police or their duly authorized representative is hereby authorized to cause such firelanes and utility easements to be maintained free and unobstructed at all times for firedepartment and emergency use.LANDSCAPE EASEMENTThe undersigned covenants and agrees that the landscape easement and restrictions hereinset forth shall run with the land and be binding on the owner(s) of the property in thissubdivision, their successors and assigns, and all parties claiming by, through and underthem. In the event a replat is requested on all or part of this property, the Town may requireany similar or additional restrictions at its sole discretion. The sole responsibility formaintenance and replacement of landscape materials thereof shall be borne by any'homeowners' association hereafter established for the owners of lots in this subdivisionand/or the owner of the individual lots within this subdivision. Such maintenance andreplacement shall be in conformance with the requirements, standards, and specifications ofthe Town of Prosper, as presently in effect or as may be hereafter amended. This provisionmay be enforced by specific performance or by any other remedy allowed by law. ThisLandscape Easement shall be void of utilities and other elements unless otherwise approvedon the plat.NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS:THAT, 3EIGHTY COIT PARTNERS LP, acting herein by and through its duly authorized officers, does hereby certify and adopt this plat designating theherein above described property as PROSPER COMMONS, Block B, Lot 3, an addition to the Town of Prosper, and does hereby dedicate to the publicuse forever, the streets and alleys shown thereon. 3EIGHTY COIT PARTNERS LP, does hereby certify the following:1. The streets and alleys are dedicated for street and alley purposes.2. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances.3. The easements and public use areas, as shown are dedicated for the public use forever for the purposes indicated on this plat.4.No building, fences, trees, shrubs, or other improvements or growth shall be constructed or placed upon, over or across the easements asshown, except that landscape improvements may be placed in landscape easements if approved by the Town of Prosper.5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easementscaused by maintenance or repair.6.Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless theeasement limits the use to particular utilities, said use by the public utilities being subordinate to the public's and Town of Prosper' s usethereof.7. The Town of Prosper and public utilities shall have the right to remove and keep removed all or part of anybuilding, fences, trees, shrubs, or other improvements or growths which may in any was endanger or interfere with the construction,maintenance, or efficiency of their respective systems in the easements.8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for thepurpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of theirrespective systems without the necessity at any time procuring permission from anyone.9. All modifications to this document shall be by means of plat and approved by the Town of Prosper 10. Selling a portion of this addition by metes and bounds is a violation of town ordinance and state law and is subject to fines and withholding ofutilities and building permitsOWNER'S CERTIFICATIONSTATE OF TEXAS :COUNTY OF COLLIN :WHEREAS, 3EIGHTY COIT PARTNERS LP, is the owner of a 1.445 acre tract of land situated in the Harrison Jamison Survey, Abstract No. 480, Town ofProsper, Collin County Texas, and being all of Lot 3, Block B, of Prosper Commons Lot 1 and Lots 3-10, Block B, according to the Conveyance Platrecorded in Document No. 2018-922 of the Official Public Records of Collin County, Texas, (O.P.R.C.C.T.) also being part of a called 23.986 acre tractof land described in deed to 3Eighty Coit Partners LP, recorded in Instrument No. 2017-803050 of the Real Property Records of Denton County, Texas(R.P.R.D.C.T.), and being more particularly described as follows:BEGINNING at a 5/8” iron rod found at the southwest corner of said Lot 3, Block B of said Prosper Commons, and the southeast corner of Lot 2,Block B of said Prosper Commons Lots 1 and 2, Block B, according to the Conveyance Plat recorded in Document No. 2018-742 of the O.P.R.C.C.T.,also being in the north right-of-way line of U. S. Highway 380 (University Drive) a variable width right-of-way, from said corner an “X” cut found atthe southwest corner of said Lot 2, Block B, bears South 89 Degrees 33 Minutes 56 Seconds West, a distance of 182.89 feet;THENCE North 00 Degrees 29 Minutes 57 Seconds West, departing the north line of U. S. Highway 380, along the common line between said Lot 2,Block B and Lot 3, Block B, a distance of 327.31 feet to a 5/8” iron rod with cap stamped “Jones Carter” set for the northwest corner of said Lot 3,Block B;THENCE North 89 Degrees 33 Minutes 56 Seconds East, along the north line of said Lot 3, Block B, a distance of 192.43 feet to a 5/8” iron rod withcap stamped “Jones Carter” set for the northeast corner of said Lot 3, Block B;THENCE South 00 Degrees 26 Minutes 04 Seconds East, along the east line of said Lot 3, Block B, a distance of 327.31 feet to a 5/8” iron rod withcap stamped “Jones Carter” set for corner in the north line of said U. S. Highway 380 (University Drive), from which a 5/8” iron rod found bearsNorth 89 Degrees 33 Minutes 56 Seconds East, a distance of 203.15 feet;THENCE South 89 Degrees 33 Minutes 56 Seconds West, along the north line of said U. S. Highway 380 (University Drive), a distance of 192.06 feetto the POINT OF BEGINNING and containing 62,924 square feet or 1.445 acres of land more or less.CERTIFICATE OF APPROVAL:APPROVED THIS DAY OF 20____. BY THE PLANNING AND ZONING COMMISSIONOF THE TOWN OF PROSPER, TEXAS.Engineering DepartmentTown Secretary Development Services DepartmentThis plat approved subject to all platting ordinances , rules, regulations and resolutions of the Town of Prosper, Texas.WITNESS, my hand, this the day of, 20______ .BY: 3EIGHTY COIT PARTNERS LP, a Texas Limited liability companyBy: ______________________________ ______________________________________ David Scott Fogel, Managing Member Printed Name and TitleSTATE OF TEXASCOUNTY OF _______________BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared David ScottFogel, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thathe executed the same for the purposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______th day of ___________________ , 20____.______________________________________________________________Notary Public in and for the State of Texas Page 1 of 1 To: Planning & Zoning Commission Item No. 3d From: Pamela Clark, Planning/GIS Specialist Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – October 15, 2019 Agenda Item: Consider and act upon a Final Plat for Windsong Ranch, Phase 5D, for 93 single family residential lots and seven (7) HOA/open space lots, on 38.2± acres, located on the southwest corner of future Windsong Parkway and Teel Parkway. The property is zoned Planned Development-40 (PD-40). (D19-0092). Description of Agenda Item: The Final Plat shows 93 single family residential lots and seven (7) HOA/open space lots. Access will be provided from Windsong Parkway. The Final Plat conforms to the Planned Development-40 development standards. Attached Documents: 1. Location Map 2. Final Plat Town Staff Recommendation: Town staff recommends approval of the Final Plat subject to: 1. Town staff approval of all additions and/or alterations to the easements and dedications on the Final Plat. Prosper is a place where everyone matters. PLANNING D19-0092 TEEL PKWYARTESIA BLVDWINDSONG PKWYDEWBERRY LNGOOD HOPE RDBLUE SAGE DR PEPPER GRASS LN FREEMAN WAY CANYON RDG IRONWOOD DR COMMONS WAYPLUM CT ADAMS PLSPLIT R O C K D R BENBROOK BLVD HIGH LINE DR HARPER RD WILEY H I L L D R MILL BRA N C H D R TAHOE TRLGOLDENROD LNMEDINA LNLIBERTY D RALBRIGHT LNHUBBARD PARK LNSUTTON PARK AVEROUNDTREE DR CROSSLAKE CTNEWBURN ST MAPLECROFT DRPERDIDO CREEK TRL GLADEWATER T R C E MUELLER LN PIEDMONT PARK DR ALVARADO DRFOREST PARK DRPLACID TRLASH CREEK DRCOTTON BELT L N WHITE ROCK B L V D BUNTON BRANCH LNRICHMOND PARK LNOLD ROS E B U D L N CANDLER DRNACONA DRSEVEN OAKS DRBRY A N T P A R K A V E JASMINE WAY VALLEY MILLS LNCENTRAL PARK DR GREENBELT PARK LN BALBOA PARK DRPROVIDENCE DRBIDWELL PARK DR PALEY PARK DR±0 750 1,500375 Feet ° ° °°POINT OF BEGINNING * SITE LOCATION MAP / KEY MAP N.T.S. PHASE 1A PHASE 1BPHASE 2A PHASE 2B PHASE 3B PHASE 3A-1PHA S E 3 A- 2 PHA S E 1 D PHASE 1CPHASE 2E PHASE 2C-1 PHASE 2D-1 PHASE 4A PHASE 4B PHA S E 2 D- 2PHASE 4E PHASE 4C PHASE 4D PHASE 3C PHASE 5A PHASE 5B PHASE 5C PHASE 2C-2PHASE 5D Scale: 1"=100' October, 2019 SEI Job No. 18-184 ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett OWNER / APPLICANT VP WINDSONG OPERATIONS LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (469) 532-0681 Contact: David Blom D19-0092 FINAL PLAT WINDSONG RANCH PHASE 5D 38.213 ACRES OUT OF THE L. NETHERLY SURVEY ABST. NO. 962 & T. BUTTON SURVEY ABST. NO. 88 TOWN OF PROSPER DENTON COUNTY, TEXAS PHASE 3D * SURVEYOR'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § STATE OF TEXAS § COUNTY OF DENTON § NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: VP Windsong Operations LLC WINDSONG RANCH PHASE 5D VP Windsong Operations LLC ’’ VP Windsong Operations LLCA Delaware Limited Liability Company ACCESS EASEMENT LANDSCAPE EASEMENT ‘’ OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF DENTON § “” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” October, 2019 SEI Job No. 18-184 ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett OWNER / APPLICANT VP WINDSONG OPERATIONS LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (972) 238-7410 Contact: David Blom D19-0092 FINAL PLAT WINDSONG RANCH PHASE 5D 38.213 ACRES OUT OF THE L. NETHERLY SURVEY ABST. NO. 962 & T. BUTTON SURVEY ABST. NO. 88 TOWN OF PROSPER DENTON COUNTY, TEXAS October, 2019 SEI Job No. 18-184 ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett OWNER / APPLICANT VP WINDSONG OPERATIONS LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (972) 238-7410 Contact: David Blom D19-0092 FINAL PLAT WINDSONG RANCH PHASE 5D 38.213 ACRES OUT OF THE L. NETHERLY SURVEY ABST. NO. 962 & T. BUTTON SURVEY ABST. NO. 88 TOWN OF PROSPER DENTON COUNTY, TEXAS Page 1 of 2 To: Planning & Zoning Commission Item No. 4 From: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – October 15, 2019 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to modify the development standards of Planned Development-40 (PD-40), for Windsong Ranch, including but not limited to key lot side yard setbacks. (Z19-0015). Description of Agenda Item: The purpose of the request is to amend the key lot side yard setback regulation of Planned Development-40 (PD-40), for Windsong Ranch. A “key lot” is defined by the Zoning Ordinance as, “a corner lot that is designed so that the lots located directly behind it face the side street of the corner lot and are not separated by an alley,” and is illustrated with the diagram to the right. The side yard of a key lot is required to observe the same front yard setback as the adjacent lot. The Zoning Ordinance also requires staggered front yard setbacks. The staggered setback provision of the Zoning Ordinance requires a third of lots along a block have a 5’ increased setback and a third of the lots along a block have a 5’ decreased setback. For example, if a block has 30 lots, and the base front yard setback is 25’, 10 lots would have a 20’ front yard setback, 10 lots would have a 25’ front yard setback, and 10 lots would have a 30’ front yard setback. According to the Zoning Ordinance, the side yard of a key lot is required to match the adjacent front yard setback. Unlike the Zoning Ordinance, Planned Development-40 (PD-40) requires a 25’ side setback for all key lots, and does not allow flexibility to accommodate the staggered setback provision. The proposed amendment is to eliminate the PD-40 regulation for a 25’ key lot side yard setback, thus adopting the Town’s standard key lot side yard setback regulation, which requires it match the adjacent front yard setback and accommodates the staggered setback provision. Prosper is a place where everyone matters. PLANNING Page 2 of 2 Legal Obligations and Review: Notification was provided in the newspaper as required by state law. To date, staff has not received any responses to this request. Attached Documents: 1. Aerial and Zoning Maps Staff Recommendation: Town staff recommends the Planning & Zoning Commission approve the request to modify the key lot side yard setbacks of Planned Development-40 for Windsong Ranch. Town Council Public Hearing: If the Commission makes a recommendation at the October 15th meeting, a Public Hearing for this item will be scheduled for the Town Council at their Regular meeting on November 12, 2019. CR 26 Z19-0015 PARVIN RD FISHTRAP RDFM 1385 UNIVERSITY DR PROSPER RD LEGACY DRTEEL PKWYGEE RDPRAIRIE DR FIRST STGOOD HOPE RDARTESIA BLVDWOODBINE LN US HIGHWAY 380 PROSPER TRL BRAZORIA DR DEWBERRY LN PR 7801 HARPER RDBLUE SAGE DR PEPPER GRASS LN BRISTLE L E A F L N FREEMAN WAY STAR TRAIL PKWYLANCASHIRE LNAMISTAD AVE REDSTEM DRAUSTIN LNACACIA P K W Y CLEARWATER DR ENGLISH IVY DRCANYON RDG WHITE ROCK BLVD IRONWOOD DR COMMONS WAYPINE LEAF LN TOLEDO BEND CT PLUM CT NOLES RD PAVONIA LN BENBROOK BLVD BRYN MAWR DRCROSSVIN E D R STAR MEADO W D R CRESTW O O D D R PLACID TRL WYNNE AVE FOXGLOVE LNDESERT W I L L O W D R SPLI T R O C K D R PALESTINE DR ASH CREEK DRHONEYVINE LN VANDERBI L T D R PADDOCK LN INWOOD LN CORNELL DR BOTTLEBRU S H D RSPEARGRASS LNBLUEGILL L NGRAY WOLF DRLIBERTY D R CANNON DR MAHARD PKWYROUNDTREE D R HARVARD A V E GROVE VALE DRWINDSONG PKWYWOODLAWN TRLBAREFOOT LN DOVE CREEK CIR FIREFLY PL FOXGLEN DR MAXDALE DR VI L LAGE PARK LN LOCKWOOD DR MADISON SQUARE WAY PEQUIN DR MANITO U D R MILLENIUM PARK PL FM 1385 PRAIRIE D R LEGACY DR±0 2,200 4,4001,100 Feet CR 26 Z19-0015 S-16 S-15 S-9 S-11 S-23 S-14 S-29 S-19 S-27 S-28 S-21 S-25 PD-40 PD-66 PD-65 PD-66 PD-40 PD-48 PD-14 PD-94 PD-63 PD-71 PD-40 PD-40 PD-47 PD-48 PD-53 PD-36 PD-51 PD-91 PD-14 PD-40 PD-40 PD-14 PD-92 PD-14 PD-65 PD-43 PD-43 PD-85PD-40 PD-74 PD-47 PD-66 PD-41 PD-41 PD-60 PD-85 PD-40 PD-40 PD-40 PD-65 PD-14 PD-66 SF A SF SF SF M A C A A C A A CM BP A A M R TH SF CC R CC SF-12.5 R SF-15 M M SF-10 R R C R SF C SF-10 C CC CC SF-10/12.5 OR C M A CC SF C SF-15 A A M M C SF-10 SF A C SF-10 A A SF-15 SF-15 SF-15 SF-15 SF-15 A A PARVIN RD FISHTRAP RDFM 1385 UNIVERSITY DR PROSPER RD LEGACY DRTEEL PKWYGEE RDPRAIRIE DR FIRST STGOOD HOPE RDARTESIA BLVDWOODBINE LN US HIGHWAY 380 PROSPER TRL BRAZORIA DR DEWBERRY LN PR 7801 HARPER RDBLUE SAGE DR BRISTLE L E A F L N FREEMAN WAY STAR TRAIL PKWYLAN C A S H I R E L N AMISTAD AVE REDSTEM DRAUSTIN LNACACIA P K W Y CLEARWATER DR ENGLISH IVY DRCANYON RDG WHITE ROCK BLVD IRONWOOD DR COMMONS WAYTOLEDO BEND CT PLUM CT PAVONIA LN BENBROOK BLVD BRYN MAWR DRCRESTW O O D D R PLACID TRL DESERT W I L L O W D R SPLI T R O C K D R PALESTINE DR ASH CREEK DRMARI G O L D L N HONEYVINE LN CORNELL DR BOTTLEBR U S H D R BLUEGILL L N LIBERTY D R CANNON DR ROUNDTREE D R PRESCOTT DRGROVE VALE DRWOODLAWN TRLWINECUP RD BAREFOOT LN DOVE CREEK CIR FOXGLEN DR COLCHESTER DR LOCKWOOD DR MADISON SQUARE WAY OVERLOOK DR MUSTANG LN LLANO DR PEQUIN DR MANITO U D R MILLENIUM PARK PL PRAIRIE D R LEGACY DR±0 2,200 4,4001,100 Feet Page 1 of 5 To: Planning & Zoning Commission Item No. 5 From: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – October 15, 2019 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend Planned Development- 68 (PD-68), Shops at Prosper Trail, on 33.2± acres, located on the northeast corner of Preston Road and Prosper Trail, generally to modify the development standards, including but not limited to permitting a drive-through restaurant, outdoor sales and display, modified parking regulations, and architectural design. (Z19-0017). 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 Planned Development- 68-Retail and Specific Use Permit-16 Retail Development (Shops at Prosper Trail) Retail & Neighborhood Services North Single Family-15 and Specific Use Permit-13 Single Family Residential (The Montclair) Low Density Residential East Single Family-15 and Specific Use Permit-13 Single Family Residential (Prosper Lake on Preston and The Montclair) Low Density Residential South Single Family-15 Single Family Residential (Raewood on Preston) Low Density Residential West Planned Development- 31-Single Family and Planned Development- 31-Office Single Family Residential (Saddle Creek), Undeveloped, and Drive- Through Bank (Chase) Medium Density Residential and Retail & Neighborhood Services Requested Zoning – The purpose of this request is to amend Planned Development-68 (PD-68), Shops at Prosper Trail, 33.2± acres, to modify the development standards to accommodate existing development, as well as to allow for the development of the remaining pad sites within the development. A summary of the proposed amendments is as follows: Prosper is a place where everyone matters. PLANNING Page 2 of 5 • Drive-Through Restaurant – PD-68 allows drive-through restaurants, subject to approval of a Specific Use Permit (SUP). The applicant is proposing to allow for one (1) drive-through restaurant (Wendy’s), on Lot 6. Staff recommends denial of the proposed request. Staff believes a drive- through restaurant is not consistent with the vision of the Shops at Prosper Trail development, when the zoning was approved in 2014. The proposed architectural style and location of the proposed drive-through restaurant is as follows: Should the request be approved, staff recommends the applicant revise the elevations by removing the elevated (maroon) parapet features, which are intended to provide for increase signage; replacing the shake siding material underneath the pitched roof with a masonry material; and wrapping the columns with masonry. The applicant has indicated a willingness to revise the elevations accordingly. • Flat-Roof Architecture – PD-68 requires pad sites to have a minimum 6:12 roof pitch, otherwise a flat roof with a parapet wall and cornice require approval of a SUP. The applicant is proposing an automotive retailer (AutoZone) on Lot 7, which has flat roof architecture. The proposed retail use is permitted; however, the proposed architectural style is subject to Planning & Zoning Commission and Town Council approval. The proposed architectural style and location of the proposed AutoZone is as follows: The proposed building is consistent with the other buildings within the development. Staff recommends approval of this request, subject to the approval of a Development Agreement by Town Council, including building elevations consistent with proposed Exhibit F. The applicant has indicated a willingness to execute a Development Agreement including the elevations. Page 3 of 5 • Outdoor Sales and Display (Incidental Outdoor Merchandise Display) – PD-68 only permits outdoor sales and display, otherwise known as incidental outdoor merchandise display, within 25 feet of the Kroger building and within 10 feet of the fuel canopy and kiosk on the fuel center lot. The applicant is proposing to allow for additional outdoor sales and display in two (2) locations within the development. Specifically the applicant is proposing outdoor sales and display for two (2) tenants (including Leslie’s Pool Supply) located in the multitenant building located on Lot 10, and for three (3) tenants in front of the multitenant building attached to the Kroger on Lot 5. The request is to allow for outdoor sales and display within ten feet (10’) of the building on Lot 10 and within six feet (6’) of the building on Lot 5. The base Zoning Ordinance was amended in 2015 to allow outdoor sales and display subject to approval of a SUP. Since that time, there have not been any SUP requests for outdoor sales and display, and outdoor sales and display has only been approved for big box grocers and home improvement retailers. Staff believes approving outdoor sales and display in front of standalone or multitenant buildings will generate unnecessary and unsightly clutter, is not consistent with the established vision of this development, and will set a precedent for other non-big box users to request outdoor sales and display in the future. Staff recommends denial of this request. • Parking – PD-68 was approved in 2014. In 2016, construction of the parking in the rear of Lot 5 was completed in accordance with PD-68 and the approved Site Plan. The parking primarily serves the Salsa TexMex restaurant. In 2018, staff identified modifications to the parking which had been completed without Town review or permitting. The modifications to the parking area which do not meet Town standards. Specifically, a required tree island was removed and where additional parking was established, required tree islands were not provided in accordance with Town standards; the required clearance zone to serve the dumpster was partially obstructed (on the north side of the enclosure); an additional parking row was provided which has the potential to block in 2016 Current Page 4 of 5 vehicles (should the striped loading area on Kroger’s lot be in use), parking was constructed over the property line; and in general, the dimensions of the parking spaces, parking angles, and aisle width were not reviewed for conformance with Town standards. The applicant has revised the conceptual site plan to reflect the current parking configuration. As opposed to removing the added parking, staff recommends the parking conditions be permitted to remain as they exist, with the exception that a parking island be provided at the end of the eastern most rows of parking. The applicant is also proposing to develop a professional office on Lot 8 (Ebby Halliday Realtor) in accordance with PD-68 regulations, including elevations, which are attached as part of Exhibit F. In response to House Bill 2439, which went into effect on September 1, 2019 and does not allow municipalities to regulate permitted masonry materials with zoning, if the zoning is approved, the applicant has agreed to enter into a Development Agreement to ensure future development is constructed in accordance with the elevations provided in Exhibit F. Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood Services. The proposed zoning request conforms to the Future Land Use Plan. Thoroughfare Plan – The property has direct access to Preston Road and Prosper Trail. The proposed zoning request conforms to the Thoroughfare Plan. Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject property; and hike and bike trails have been constructed on the subject property in accordance with the Parks Master Plan. Legal Obligations and Review: Notification was provided to neighboring property owners as required by State Law. To date, Town staff has received one (1) Public Hearing Notice Reply Forms; in opposition to the request. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed Exhibits C, D, and F 3. Existing Zoning (PD-68) 4. Public Hearing Notice Reply Form Staff Recommendation: Staff recommends the following by the Planning & Zoning Commission: 1. Approval of the modified parking configuration in the rear of Lot 5, subject to adding a parking island in accordance with Town standard to the end of the eastern most rows of parking; 2. Denial of the drive-through restaurant on Lot 6 (see note below); 3. Approval of the flat roof architecture on Lot 7, subject to approval of a Development Agreement by Town Council, including building elevations consistent with proposed Exhibit F; and Page 5 of 5 4. Denial of additional outdoor sales and display on Lot 5 and Lot 10. Should the Planning & Zoning Commission recommend approval of the drive-through restaurant on Lot 6, staff recommends approval, subject to approval of a Development Agreement by Town Council, including building elevations consistent with proposed Exhibit F. Town Council Public Hearing: Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item will be scheduled for the Town Council at their Regular meeting on November 12, 2019. Z19-0017 ±0 750 1,500375 Feet Z19-0017 S-13 S-16 S-31 S-22 PD-70 PD-31 PD-22 PD-30 PD-68 PD-24 PD-29 PD-15 PD-77 PD-29PD-31 PD-31 PD-61 PD-55 PD-70 PD-56 PD-46 PD-58 PD-31 PD-68 SF A SF R SF-15 SF-15 SF-15 SF-12.5 SF-10 O SF-10/15 SF SF-15SF-15 SF-15 SF-22 SF-12.5 SF-15 SF-10SF-15 SF-15 SF-10/12.5 C A A O R SF-15 C R A O O SF-15 SF R R R SF-E SF-15 O SF-15 SF-15 SF-12.5 R SF R SF-15 SF-15 SF-15 SF-15±0 750 1,500375 Feet 1 Z19-0017 EXHIBIT C PLANNED DEVELOPMENT RETAIL Northeast Corner of Preston Road and Prosper Trail, “The Shops at Prosper Trail” Prosper, Texas October 2019 PLANNED DEVELOPMENT CONDITIONS I. Statement of Effect: This property 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. II. Development Plans (Retail District): 1.0. Permitted Uses: Conditional development standards (C) must be met per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses that are permitted as a Specific Use shall be permitted with the approval of a specific use permit (SUP). List of permitted Uses: 1. Accessory Building 2. Administrative, Medical or Professional Office 3. Alcohol Beverage Sales (C) 4. Antique Shop 5. Artisan's Workshop 6. Auto Parts Sales, Inside 7. Bank, Savings and Loan, or Credit Union (with drive thru facilities), which shall be limited to (1) bank, savings and loan or credit union (with drive thru facilities) by right, and any subsequent bank, savings and loan or credit union (with drive thru facilities) shall be subject to the approval of a specific use permit (SUP). 8. Beauty Salon/Barber Shop 9. Bed and Breakfast Inn 10. Building Material and Hardware Sales, Major (SUP) 11. Building Material and Hardware Sales, Minor 12. Business Service 13. Caretaker's/Guard Residence 14. Civic /Convention Center 15. College, University, Trade or Private Boarding School 16. Commercial Amusement, Indoor 17. Community Center 18. Convenience Store with Gas Pumps as part of the shopping center (inclusive of a kiosk or convenience store) limited to one per zoning district. (see Section 2.4 for conditional development standards) 19. Day Care Center, Child (C) 20. Dry Cleaning, Minor 2 21. Farmer's Market 22. Feed Store 23. Furniture, Home Furnishings and Appliance Store 24. Governmental Office 25. Gunsmith 26. Gymnastics/Dance Studio 27. Health/Fitness Center 28. Homebuilder Marketing Center 29. House of Worship 30. Household Appliance Service and Repair 31. Insurance Office 32. Locksmith/Security System Company 33. Massage Therapy, Licensed 34. Municipal Uses Operated by the Town of Prosper 35. Museum/ Art Gallery 36. Nursery, Minor 37. Outdoor sales and display, subject to: a. Designated Area as shown on Exhibit D i. Within 25' of the main building of the big box user ii. Within 10' of the fuel canopy and kiosk iii. Within 10’ of the building located on Lot 10, along the south side of the building, as indicated on Exhibit D iv. Within 6’ of the building located on Lot 5, along the west side of the building, as indicated on Exhibit D b. Sidewalks cannot be blocked c. Merchandise cannot impair ADA access, block doorways, driveways or fire lanes d. Permitted merchandise shall be general and seasonal merchandise and may include but is not limited to Christmas trees, flowers, landscaping materials and outdoor furniture. e. Outdoor display areas shall be organized and goods shall be neatly presented in an orderly fashion. Items shall not be stored on wooden crates, in cardboard boxes, in plastic cling wrap, or in a fashion that resembles the open storage of materials. f. Screening is not required. 38. Park or Playground 39. Pet Day Care as an accessory use (C) 40. Print Shop, Minor 41. Private Recreation Center 42. Private Utility, Other Than Listed 43. Restaurant or Cafeteria 44. Restaurant with a drive thru (SUP), subject to: a. A restaurant with a drive thru is permitted by right on Lot 6, in accordance with Exhibit D and F. 45. Restaurant, Drive-in (SUP) 46. Retail Stores and Shops 47. Retail/Service Incidental Use 48. School, Private or Parochial 49. School, Public 50. Stealth Antenna, Commercial (C) 3 51. Temporary Building (C) 52. Theatre, Neighborhood 53. Utility Distribution/Transmission Facility (SUP) 2.0 Building: Unless otherwise specified below, the building standards in the Zoning Ordinance, as it exists or may be amended shall apply. 2.1 Elevations: Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits F1, F2, F3, and F4, F5, F6, and F7. If Elevations for future retail or outparcel buildings are not provided in Exhibits F1 through F4 F7, such additional site plans, façade elevations, roof profiles and landscape plans shall be required to be approved by the Town Council. 2.2 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 F1 through F4 F7 which is a part herein. The clay-fired brick colors used on the retail building on Lot 5 shall be consistent with the Quik Brik colors used on the big box building. 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. 2.3 Building Height: Buildings shall be a maximum of two (2) stories, not to exceed forty feet (40') in height, excluding unoccupied architectural elements such as towers, parapets, cornices that may be up to 45 feet in height. 2.4 Convenience Store with Gas Pumps is subject to the following regulations: a. Convenience Store with Gas Pumps is permitted only within two- hundred and fifty (250) feet of the right-of-way line of Preston Road; b. Convenience Store with Gas Pumps is permitted at a maximum of one (1) location on the property; c. Canopies shall have pitched roofs and the color and style of the metal roof on the gas station canopy shall be consistent with the metal roof on the big box building; d. Canopy support columns shall be entirely masonry encased; and e. The canopy band face shall be a color consistent with the main structure or an accent color and may not be backlit. f. Gas pumps shall be removed if permanently closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations. 4 2.5 Lighting: No site light poles shall be within 150' of the residential property line across from residential property on the south side of Prosper Trail. Such light poles may be up to 29' high. All site lighting shall be LED and have dimmers. All the lights poles on the portion of the property closest to Prosper Trail shall be shielded. 3.0 Landscaping: Unless otherwise specified below, the landscape regulations in the Town's Zoning Ordinance, as it exists or may be amended, shall apply. 3.1 Preston Road- Tree plantings shall be provided at minimum rate of one tree of a minimum four (4) inch Caliper (at the time of planting) per thirty (30) lineal feet on Lots 1, 2, 3 and 4. On all other parcels tree plantings shall be provided at minimum rate of one tree of a minimum four (4) inch Caliper (at the time of planting) per twenty five (25) lineal feet. Shrub plantings shall be provided at a minimum rate of 22.5 shrub plantings per thirty (30) lineal feet which shall be a minimum of five (5) gallon shrubs (at the time of planting). A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Preston Road. Along the top of the berm, native grasses shall be planted pursuant to a plan that provides additional screening from the Preston Road right of way. Trees may be grouped or clustered together to provide additional screening as an alternative to planting all at a specific distance between trees. 3.2 Prosper Trail. -Tree plantings shall be provided at a minimum rate of one tree of a minimum four (4) inch Caliper per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Prosper Trail. Along the top of the berm, native grasses shall be planted pursuant to a plan that provides additional screening from the Prosper Trail right of way. Trees may be grouped or clustered together to provide additional screening as an alternative to planting all at a specific distance between trees. 3.3 Additional Landscaping The sidewalk in front of the big box on Lot 1 and the retail on Lot 5 shall have 1 tree planted for each 100 lineal feet. The trees shall be a minimum of 4" caliper and may be placed in planters. A minimum one (1) acre open space area shall be located in an area between Lots 6-9 on Exhibit D to provide a landscaped gathering area that may include benches, patio, public art, outdoor dining and similar features. The open space shall be maintained by the property owners’ association. 3.4 Landscape Requirements for Certificate of Occupancy All perimeter berms and landscaping along Preston Road and Prosper Trail shall be installed prior to the issuance of a certificate of occupancy (CO) for the big box on Lot 1. 5 4.0 Lot Frontage: Lots shall have a frontage onto a public street or a common public access drive. The common public access drive shall be dedicated as a public access, fire lane and utility easement. 5.0 Pad sites and other lots: The Development shall have a limit on single use parcels exclusive of Lots 1 and 2 pursuant to Exhibit D. Only Lots 3, 4, 6, 7 and 8 may be used for single-tenant buildings. All other Lots shall have retail buildings designed and built as multi-tenant buildings for office and retail use which will have materials and architectural designs consistent with the Preliminary Concept Designs as provided in Exhibit F. All pad sites shall have a pitched roof with a minimum 6 in 12 inch slope except for Lot 7 which may have a flat roof as shown in Exhibit F. For all Lots other than Lot 7, a flat roof with a parapet wall and cornice may be permitted subject to Town Council approval of a specific use permit (SUP) for same. No certificate of occupancy (CO) shall be issued for a pad site for Lots, 3, 4, 6, 7, 8, 9 or 10 prior to the issuance of a certificate of occupancy for the big box on Lot 1. 6.0 Basket Cart Corrals: Galvanized pipe basket cart corrals shall not be permitted in parking field without approval of the Town Council. Cart collection areas shall be curbed and shall be fenced using a minimum three foot (3') ornamental metal fence. ACPOOL NORRIS REX MICHAEL &NANCY DAWNRAEWOOD ON PRESTON(CPR)BLK A, LOT 1 BIVEN RANDALL J & ATHENARAEWOOD ON PRESTON(CPR)BLK A, LOT 2 BENNET MICHAELRAEWOOD ON PRESTON(CPR)BLK A, LOT 3 NELSON TAMIE WRAEWOOD ON PRESTON(CPR)BLK A, LOT 4 RUSSEL WENDYRAEWOOD ON PRESTON(CPR)BLK A, LOT 5 FEGLEY ROBERT ARAEWOOD ON PRESTON(CPR)BLK A, LOT 6 BIEMER LEONARD J III &KETHLEEN MRAEWOOD ON PRESTON(CPR)BLK A, LOT 7 STROUSE TOM W ETUXDONNARAEWOOD ON PRESTON(CPR)BLK A, LOT 8 VICTRON STORES LPPRESON 48(CPR)BLK A, LOT 3 VIEWPOINT BANKSADDLE CREEKCOMMERIAL(CPR)BLK A, LOT 1 VICTRON STORES LPPRESON 48(CPR)BLK A, LOT 2R SADDLE CREEK INVESTMENTS LTDSADDLE CREEK COMMERIAL(CPR)BLK A, LOT 2 SADDLE CREEK PROSPERHOMEOWNERS ASSOCIATION INCSADDLE CREEK #1BLK F, LOT 2X SADDLE CREEK PROSPERHOMEOWNERS ASSOCIATION INCSADDLE CREEK #1BLK H, LOT 1X SADDLE CREEKINVESTMENTS LTDSADDLE CREEK #1BLK F, LOT 20 IZATT JON & JESSICASADDLE CREEK #1BLK F, LOT 19 VACCARO PHILIP JSADDLE CREEK #1BLK G, LOT 10 VAUGHN GLEN A& DEBBIESADDLE CREEK #1BLK G, LOT 9 MEGATEL HOMES II LLC MEGATEL HOMES INC SADDLE CREEKINVESTMENTS LTDSADDLE CREEK #1BLK H, LOT 9 SADDLE CREEKINVESTMENTS LTD DR HORTON - TEXAS LTDABS A0787 SPENCER RICESURVERYTRACT 7 ABS A0172 COLLIN COUNTYSCHOOL LAND #13 SURVEY STATE HIGHWAY 289 (PRESTON ROAD) (variable width right-of-way)PROSPER TRAIL(variable width right-of-way)CHANDLER CIRCLEW PROSPER TRAILPACKSADDLE TRAILCIRCLE J TRAILST. PETER LN.EX. 30' GAS EASEMENTEONLYONLYONLYONLYONLYONLYONLYONLY4321Rx DRIVETHRUGROCERYPICK UPEã Maroon Parapet over drive-thru to be removed and drive-thru tower to resemble the following depiction with either stacked stone or masonry: Maroon Parapet to be removed and tower to resemble the following depiction with either stacked stone or masonry: Shake siding material to be replaced with masonry material Columns to be wrapped in stacked stone or masonry: Color of all building materials will be consistent with the color palette used on the buildings currently constructed within the retail center and the color palette approved for the retail center. EXHIBIT F EXHIBIT F EXHIBIT F EXHIBIT F EXHIBIT F ######CBAB.O. ENTRANCES9' -10"T.O. WALL @ ENTRANCES16' -5 1/2"137' - 11 1/2"125' - 8"12' - 3 1/2"T.O. WALL @ PERIMETER12' -11 3/4"T.O. RIDGE22' -0"T.O. MAIN ENTRANCE RIDGE23' -8"FLOOR PLAN0"T.O. WALL13' -0"CBAB.O. ENTRANCES9' -10"137' - 11 1/2"125' - 8"12' - 3 1/2"T.O. WALL @ PERIMETER12' -11 3/4"T.O. RIDGE22' -0"T.O. MAIN ENTRANCE RIDGE23' -8"132B.O. ENTRANCES9' -10"T.O. WALL @ ENTRANCES16' -5 1/2"66' - 6"46' - 5 1/2"20' - 0 1/2"T.O. WALL @ PERIMETER12' -11 3/4"T.O. RIDGE22' -0"T.O. MAIN ENTRANCE RIDGE23' -8"132B.O. ENTRANCES9' -10"T.O. WALL @ ENTRANCES16' -5 1/2"66' - 6"20' - 0 1/2"46' - 5 1/2"SCALE:ISSUE DATE:SHEET NUMBER: PROJECT NUMBER:REVISIONSSHEET NAME:MQ DEVELOPMENT COMPANY4522 MAPLE AVENUESUTIE 200DALLAS, TEXAS 75219972-980-8806THIS DOCUMENT REPRESENTS THE DESIGN EFFORT OF MCP ARCHITECTS, PLLC AND IS ISSUED AS AN INSTRUMENT OF SERVICE FOR THE SUBJECT PROJECT. MCP ARCHITECTS, PLLC RETAINS TITLE AND OWNERSHIP OF THIS DOCUMENT WHETHER THE PROJECT IS EXECUTED OR NOT AND IT SHALL NOT BE COPIED, REPRODUCED OR EXHIBITED IN WHOLE OR PART FOR ANY OTHER PURPOSE OR USED ON OTHER PROJECTS OR EXTENSIONS TO THIS PROJECTS, UNLESS AUTHORIZED IN WRITING BY MCP ARCHITECTS, PLLC. CLIENT'S NAME:CONSULTANT:2201 LONG PRAIRIE RD.STE. 107-771FLOWER MOUND, TX 75022T: 214.227.8469E: cabre@mcparchitects.netSEAL:3/16" = 1'-0"A3.0EXTERIORELEVATIONSRETAIL SHOPS A - SHELLBUILDING9-10-2019-380 COMMONS @ HEADINGTONHEIGHTS#3705 W University Dr.McKinney, TX 750713/16" = 1'-0"1FRONT-EAST ELEVATION3/16" = 1'-0"2REAR-WEST ELEVATION3/16" = 1'-0"3FRONT-NORTH ELEVATION3/16" = 1'-0"4SIDE-SOUTH ELEVATIONNo. Description DatePRELIMINARY DESIGNEXHIBIT F TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-40 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 33.22 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 13, ABSTRACT NO. 172, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-RETAIL (PD-R); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from MQ Development Partners, L.L.C. ("Applicant") to rezone 33.22 acres of land, more or less, situated in the Collin County School Land Survey No. 13, Abstract No. 172, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findinqs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described property containing 33.22 acres of land, more or less, situated in the Collin County School Land Survey No. 13, Abstract No. 172, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development- Retail (PD-R). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. EXISTING PD-68 The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the concept plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto as Exhibit "E", and 5) the conceptual elevations, attached hereto as Exhibits F1, F2, F3, and F4", which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three (3) original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No.14-40,Page 2 EXISTING PD-68 SECTION 6 Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savinqs/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 22nd DAY OF JULY, 2014. Ray Smith, Mayor ATTE T: Robyn B ttle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.14-40,Page 3 EXISTING PD-68 Ordinance No. 14-40, Page 4EXISTING PD-68 Ordinance No. 14-40,Page 5 EXHIBIT"B" The Applicant intends to develop a shopping center anchored by a full service grocery store and will include 9 fuel pumps and kiosk.The store is currently planned to be approximately 123,000 square feet. In addition to the grocery store,the plan is to develop approximately 20,000 square feet of complimentary retail containing restaurants and typical service tenants such as a hair salon, coffee shop, dry clean "pick-up" station and other retail uses. Also,there are eight(8) planned outparcels which will contain a combination of national and regional retailers including banks, casual dining restaurants as well as established quick-service restaurants. EXISTING PD-68 Ordinance No. 14-40,Page 6 EXHIBIT C PLANNED DEVELOPMENT RETAIL Northeast Corner of Preston Road and Prosper Trail, The Shops at Prosper Trail" Prosper,Texas July 1, 2014 PLANNED DEVELOPMENT CONDITIONS I. Statement of Effect: This property 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. II. Development Plans (Retail District): 1.0 Permitted Uses: Conditional development standards (C) must be met per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses that are permitted as a Specific Use shall be permitted with the approval of a specific use permit(SUP). List of permitted Uses: 1. Accessory Building 2. Administrative, Medical or Professional Office 3. Alcohol Beverage Sales(C) 4. Antique Shop 5. Artisan's Workshop 6. Auto Parts Sales, Inside 7.Bank, Savings and Loan, or Credit Union (with drive thru facilities), which shall be limited to (1) bank, savings and loan or credit union (with drive thru facilities) by right, and any subsequent bank, savings and loan or credit union (with drive thru facilities) shall be subject to the approval of a specific use permit(SUP). 8.Beauty Salon/Barber Shop 9.Bed and Breakfast Inn 10. Building Material and Hardware Sales, Major(SUP) 11. Building Material and Hardware Sales, Minor 12. Business Service 13. Caretaker's/Guard Residence 14. Civic/Convention Center 15. College, University,Trade or Private Boarding School 16. Commercial Amusement, Indoor 17. Community Center 1 EXISTING PD-68 Ordinance No. 14-40,Page 7 18. Convenience Store with Gas Pumps as part of the shopping center inclusive of a kiosk or convenience store) limited to one per zoning district. (see Section 2.4 for conditional development standards) 19. Day Care Center, Child (C) 20. Dry Cleaning, Minor 21. Farmer's Market 22. Feed Store 23. Furniture, Home Furnishings and Appliance Store 24. Governmental Office 25. Gunsmith 26. Gymnastics/Dance Studio 27. Health/Fitness Center 28. Homebuilder Marketing Center 29. House of Worship 30. Household Appliance Service and Repair 31. Insurance Office 32. Locksmith/ Security System Company 33. Massage Therapy, Licensed 34. Municipal Uses Operated by the Town of Prosper 35. Museum/Art Gallery 36. Nursery, Minor 37. Outdoor sales and display.subject to: a.Designated Area as shown on Exhibit D i. Within 25' of the main building of the big box user ii. Within 10'of the fuel canopy and kiosk b. Sidewalks cannot be blocked C.Merchandise cannot impair ADA access, block doorways, driveways or fire lanes d.Permitted merchandise shall be seasonal merchandise and may include but is not limited to Christmas trees, flowers, landscaping materials and outdoor furniture e. Outdoor display areas shall be organized and goods shall be neatly presented in an orderly fashion. Items shall not be stored on wooden crates, in cardboard boxes, in plastic cling wrap, or in a fashion that resembles the open storage of materials. f.Screening is not required. 38. Park or Playground 39. Pet Day Care as an accessory use (C) 40. Print Shop, Minor 41. Private Recreation Center 42. Private Utility, Other Than Listed 43. Restaurant or Cafeteria 44. Restaurant with a drive thru (SUP) 45. Restaurant, Drive-in (SUP) 2 EXISTING PD-68 Ordinance No. 14-40, Page 8 46. Retail Stores and Shops 47. Retail/Service Incidental Use 48. School, Private or Parochial 49. School, Public 50. Stealth Antenna, Commercial (C) 51. Temporary Building(C) 52. Theatre, Neighborhood 53. Utility Distribution/Transmission Facility(SUP) 2.0 Building: Unless otherwise specified below, the building standards in the Zoning Ordinance, as it exists or may be amended shall apply. 2. 1 Elevations: Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits F1, F2, F3 and F4. If Elevations for future retail or outparcel buildings are not provided in Exhibits F1 through F4, such additional site plans, fagade elevations, roof profiles and landscape plans shall be required to be approved by the Town Council. 2. 2 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 F1 through F4 which is a part herein. The clay-fired brick colors used on the retail building on Lot 5 shall be consistent with the Quik Brik colors used on the big box building. 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. 2. 3 Building Height: Buildings shall be a maximum of two (2) stories, not to exceed forty feet (40') in height, excluding unoccupied architectural elements such as towers, parapets, cornices that may be up to 45 feet in height. 2.4 Convenience Store with Gas Pumps is subject to the following regulations: a. Convenience Store with Gas Pumps is permitted only within two-hundred and fifty(250)feet of the right-of-way line of Preston Road; b. Convenience Store with Gas Pumps is permitted at a maximum of one (1) location on the property; c. Canopies shall have pitched roofs and the color and style of the metal roof on the gas station canopy shall be consistent with the metal roof on the big box building; d. Canopy support columns shall be entirely masonry encased; and e. The canopy band face shall be a color consistent with the main structure or an accent color and may not be backlit. f. Gas pumps shall be removed if permanently closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations. 3 EXISTING PD-68 Ordinance No. 14-40, Page 9 2.5 Lighting: No site light poles shall be within 150' of the residential property line across from residential property on the south side of Prosper Trail. Such light poles may be up to 29' high. All site lighting shall be LED and have dimmers. All the lights poles on the portion of the property closest to Prosper Trail shall be shielded. 3. 0 Landscaping: Unless otherwise specified below,the landscape regulations in the Town's Zoning Ordinance, as it exists or may be amended,shall apply. 3.1 Preston Road -Tree plantings shall be provided at minimum rate of one tree of a minimum four (4) inch Caliper (at the time of planting) per thirty (30) lineal feet on Lots 1, 2, 3 and 4. On all other parcels tree plantings shall be provided at minimum rate of one tree of a minimum four (4) inch Caliper ( at the time of planting) per twenty five (25) lineal feet. Shrub plantings shall be provided at a minimum rate of 22.5 shrub plantings per thirty (30) lineal feet which shall be a minimum of five (5)gallon shrubs (at the time of planting).A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Preston Road. Along the top of the berm, native grasses shall be planted pursuant to a plan that provides additional screening from the Preston Road right of way. Trees may be grouped or clustered together to provide additional screening as an alternative to planting all at a specific distance between trees. 3.2 Prosper Trail. -Tree plantings shall be provided at a minimum rate of one tree of a minimum four(4) inch Caliper per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Prosper Trail. Along the top of the berm, native grasses shall be planted pursuant to a plan that provides additional screening from the Prosper Trail right of way. Trees may be grouped or clustered together to provide additional screening as an alternative to planting all at a specific distance between trees. 3.3 Additional Landscaping, The sidewalk in front of the big box on Lot 1 and the retail on Lot 5 shall have 1 tree planted for each 100 lineal feet. The trees shall be a minimum of 4" caliper and may be placed in planters. A minimum one (1) acre open space area shall be located in an area between Lots 6-9 on Exhibit D to provide a landscaped gathering area that may include benches, patio, public art, outdoor dining and similar features. The open space shall be maintained by the property owners' association. 3.4 Landscape Requirements for Certificate of Occupancv All perimeter berms and landscaping along Preston Road and Prosper Trail shall be installed prior to the issuance of a certificate of occupancy(CO)for the big box on Lot 1. 4.0 Lot Frontage: Lots shall have a frontage onto a public street or a common public access drive. The common public access drive shall be dedicated as a public access,fire lane and utility easement. 4 EXISTING PD-68 Ordinance No. 14-40,Page 10 5.0 Pad sites and other lots: The Development shall have a limit on single use parcels exclusive of Lots 1 and 2 pursuant to Exhibit D. Only Lots 3, 4, 6, 7 and 8 may be used for single-tenant buildings. All other Lots shall have retail buildings designed and built as multi-tenant buildings for office and retail use which will have materials and architectural designs consistent with the Preliminary Concept Designs as provided in Exhibit F. All pad sites shall have a pitched roof with a minimum 6 in 12 inch slope. A flat roof with a parapet wall and cornice may be permitted subject to Town Council approval of a specific use permit SUP)for same. No certificate of occupancy(CO) shall be issued for a pad site for Lots, 3, 4, 6, 7, 8, 9 or 10 prior to the issuance of a certificate of occupancy for the big box on Lot 1. 6.0 Basket Cart Corrals: Galvanized pipe basket cart corrals shall not be permitted in parking field without approval of the Town Council.Cart collection areas shall be curbed and shall be fenced using a minimum three foot (3') ornamental metal fence. 5 EXISTING PD-68 Ordinance No. 14-40, Page 11EXISTING PD-68 Ordinance No. 14-40,Page 12 WWinkelmann Associates, Inc. CONSULTING CIVIL ENGINEERS* SURVEYORS 6750 HILLCREST PLAZA DR.,STE.32S DALLAS,TX 75230(972)490-7090 FAX(972) 490-7099 EXHIBIT E PROJECTED DEVELOPMENT SCHEDULE Shops at Prosper Trail 07/01/14 Kroger will give notice to proceed (NTP)to go out to bid. Weeks from NTP a. Send bid documents out to bid 1 week b. Receive Bids 4 week c. Award Site Work Contract 8 week d. Complete Pad 20 weeks e. Provide temporary power and all weather access roads to the Kroger pad. and staging area 20 weeks f. Provide fire lanes for Kroger building and Fuel 23 weeks Station Items to be completed from Pad delivery weeks g. Paving complete 10 weeks h. Provide permanent power 8 weeks i. Monument/ Pylon signs 12 weeks Items to be completed prior to the fuel center opening weeks j. Striping Critical to open Fuel center 3 week Items to be completed prior to Kroger Grand Opening weeks k. Kroger Opening 0 I. Landscaping 8 weeks m. Striping 6 weeks n. NOT 4 weeks o. Site work 100% punched out 4 weeks EXISTING PD-68 39'-8"T/PARAPET29'-8"T/WALL29'-8"T/WALL28'-0"T/WALLBIKE RACKPRECAST CONCRETE BOLLARD17'-0"T/ROOFst1glmtefcb1st1glssefcb3mtefcb1cb1efcb3efst1cb1glefefcscs41'-8"T/PARAPETcb1ssst1st2pmpmcspmst2st1st2st2st2st1cb1efefsscb3st2cb1DOUBLE SOLDIER COURSEPROPOSEDSIGNAGEPROPOSED SIGNAGEPROPOSED SIGNAGEPROPOSED SIGNAGEPROPOSEDSIGNAGEPROPOSED SIGNAGE+170"+238"+170"+168"+238"+232"+168"+336"+336"+336"+168"+170"0"+4"+234"+234"+234"+234"+234"+234"+234"0"0"0"0"0"+4"+238"+238"+232"+166"+164"+166"0"0"0"+4"+4"ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROMPUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVEZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITEGRADING. SEE PERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4.28'-0"T/WALLst229'-8"T/WALL28'-0"T/WALLefcsst1cb1efst1cb3efcb1efst1pmcb3csmtsspmcb3pmst227'-4"T/WALLst2efefDOUBLE SOLDIER COURSETRUCKefcs+4"+4"+4"+4"+4"+4"0"0"0"0"0"HM DOORS PAINTED TOMATCH BUILDING, TYP.st1st2st1st2PRE-FINISHED METAL SCUPPERAND DOWNSPOUT PIPED TOUNDERGROUND STORMDRAINAGE SYSTEM, TYP.26'-0"T/WALLPRE-FINISHED METAL SCUPPERAND DOWNSPOUT PIPED TOUNDERGROUND STORMDRAINAGE SYSTEM, TYP.8' TALL CHAIN LINK FENCE,VINYL COATED IN BLACKcb1st1cb4cb4cb110' TALL CAST BRICK SCREENWALL W/ 4' DEEP TRUCK WELLcscspmcb1ssefst2DOUBLE SOLDIER COURSE10' TALL CAST BRICK SCREENWALL W/ 4' DEEP TRUCK WELLcb1cb1ALL MECHANICAL EQUIPMENT SHALL BE SCREENEDFROM PUBLIC VIEW IN ACCORDANCE WITH THECOMPREHENSIVE ZONING ORDINANCE AND WILLACCOMMODATE FINAL SITE GRADING. SEEPERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4.ALL MECHANICAL EQUIPMENT SHALL BESCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE COMPREHENSIVEZONING ORDINANCE AND WILL ACCOMMODATEFINAL SITE GRADING. SEE PERSPECTIVEVIEWS EXHIBITS F2, F3, AND F4.pmpmHM DOORS PAINTED TOMATCH BUILDING, TYP.TRUCK (SHOWN DASHED)TRUCK (SHOWN DASHED)cb2cb3st1st20"+4"+4"st1st2ef0"+484"+480"+480"+484"+480"0"4"0"4"cb3st2st1st2st1STONELEDGESTONELEDGESTONELEDGE29'-8"T/WALL27'-4"T/WALL28'-0"T/WALLefcsst1efcb3st1efcb1efcb3st1cb3cspmsspmst2st2ADJACENT RETAILDOUBLE SOLDIER COURSEPROPOSED SIGNAGETRUCKTRUCK WELL TO BE SCREENED FROMPROSPER TRAIL - SEE LANDSCAPEDRAWINGS.ALL MECHANICAL EQUIPMENT SHALL BE SCREENEDFROM PUBLIC VIEW IN ACCORDANCE WITH THECOMPREHENSIVE ZONING ORDINANCE AND WILLACCOMMODATE FINAL SITE GRADING. SEEPERSPECTIVE VIEWS EXHIBITS F2, F3, AND F4.cscb1ef+4"+4"+4"+4"+4"0"0"0"0"HM DOORS PAINTED TOMATCH BUILDING, TYP.cb1cb1st1Concrete Stone VeneerTexas Stone Design Inc - Palo Pinto CobblepmMetal CopingBerridge - Sierra TansfClear AnodizedAluminumcsCast StoneSiteworks - NaturalmtExposed MetalPaint to match Charcoal Greycb1cb3Architectural Concrete BlockOldcastle - Quik Brik - Autumn Blend w/ Flash - 4"ssStanding Seam Metal RoofBerridge - Charcoal GreyglGlazingGrey TintefReinforced E.I.F.S.Dryvit - Oyster Shell / Monastery BrownFINISH SCHEDULEmrMortarAmerimix - Light Tanst2Concrete Stone VeneerTexas Stone Design Inc - Granbury CobbleArchitectural Concrete BlockOldcastle - Quik Brik - Timberland w/ Red Flash - 4"cb2Architectural Concrete BlockOldcastle - Quik Brik - Timberland w/ Red Flash - 4" splitcb4Architectural Concrete BlockOldcastle - Quik Brik - Autumn Blend w/ Flash - 4" splitMaterial PercentagesNorthConc. Block59.6%ST2EIFS7.8%West43.6%10.0%South71.2%7.2%East63.1%0.5%Conc. Block - Split Face0.0%0.0%0.0%22.4%Cast Stone2.8%3.8%1.8%1.0%Glazing0.2%12.3%0.0%0.0%ST18.8%11.0%8.6%13.3%6.9%7.5%5.9%4.9%July 1, 2014Prosper, TX513501.10WEST ELEVATIONNORTH ELEVATIONEAST ELEVATIONSOUTH ELEVATIONEXHIBIT F1 - CONCEPT ELEVATIONS•"This Facade Plan is for conceptual purposes only. Allbuilding plans require review and approval from the BuildingInspection Division"•"All mechanical equipment shall be screened from public viewin accordance with the Comprehensive Zoning Ordinance"•"When permitted, exposed utility boxes and conduits shall bepainted to match the building"•"All signage areas and locations are subject to approval bythe Building Inspection Department"•"Windows shall have a maximum exterior visible reflectivity often (10) percent."Facade Plan ChecklistOrdinance No. 14-40, Page 13EXISTING PD-68 METAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE STONE VENEER -GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITEARCHITECTURAL CONCRETEBLOCKCONCRETE ISLANDCAST STONE BANDPREFINISHED METAL STANDINGSEAM ROOF TO MATCH COLOR OFMETAL ROOF ON BUILDING12" 12"CONCRETE STONE VENEER -PALO PINTO COBBLEPROPOSED SIGNAGECONCRETE STONE VENEER -PALO PINTO COBBLEMETAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE STONE VENEER-GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITEARCHITECTURAL CONCRETEBLOCK6" DIAMETER BOLLARD PAINTED WHITECAST STONE BANDPREFINISHED METAL STANDINGSEAM ROOF TO MATCH COLOR OFMETAL ROOF ON BUILDING12" 12"CONCRETE STONE VENEER-PALO PINTO COBBLEPROPOSED SIGNAGEPROPOSED PRICE SIGNAGECONCRETE STONE VENEER-PALO PINTO COBBLEMETAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE STONE VENEER -GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITEARCHITECTURAL CONCRETE BLOCKCAST STONE BANDPREFINISHED METAL STANDINGSEAM ROOF TO MATCH COLOR OFMETAL ROOF ON BUILDING12" 12"CONCRETE STONE VENEER -PALO PINTO COBBLEPROPOSED SIGNAGECONCRETE STONE VENEER -PALO PINTO COBBLEMETAL PANEL CANOPYPUMP NUMBER FLAGCONCRETE MASONRY VENEER -GRANBURY COBBLEGAS DISPENSER"U" SHAPED BOLLARD PAINTED WHITECONCRETE STONE VENEER -PALO PINTO COBBLE6" DIAMETER BOLLARD PAINTED WHITEPRE-CUT BLACK VINYL ADDRESSDECALS IF REQUIREDCONCRETE STONE VENEER -PALO PINTO COBBLEPREFINISHED METAL STANDINGSEAM ROOF TO MATCH COLOROF METAL ROOF ON BUILDING12" 12"PROPOSED SIGNAGEPROPOSED PRICE SIGNAGEMaterial PercentagesNorthMetal Roof34.42%Metal Canopy34.93%South34.42%34.93%East48.88%37.28%WestStone-1Cast Stone2.65% 2.65% 0.84%Glass3.44% 3.44% 2.10%48.88%37.28%0.84%0.00%Architectural Concrete BlockStone-24.62% 6.58% 0.00% 2.06%9.47% 11.47% 3.50% 3.50%9.46% 9.46% 8.50% 7.50%July 11, 2014Prosper, TX513501.10WEST ELEVATIONEAST ELEVATIONNORTH ELEVATIONSOUTH ELEVATIONALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONINGORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.•"This Facade Plan is for conceptual purposes only. Allbuilding plans require review and approval from the BuildingInspection Division"•"All mechanical equipment shall be screened from public viewin accordance with the Comprehensive Zoning Ordinance"•"When permitted, exposed utility boxes and conduits shall bepainted to match the building"•"All signage areas and locations are subject to approval bythe Building Inspection Department"•"Windows shall have a maximum exterior visible reflectivity often (10) percent."Facade Plan ChecklistEXHIBIT F2 - CONCEPT FUEL CENTER ELEVATIONSOrdinance No. 14-40, Page 14EXISTING PD-68 July 1, 2014Prosper, TX900514.B1EXHIBIT F3 - CONCEPT ELEVATIONS 3/32" = 1'-0"1LOT 5 - SOUTH ELEVATION 3/32" = 1'-0"2LOT 5 - WEST ELEVATION 3/32" = 1'-0"3LOT 5 - EAST ELEVATION 3/32" = 1'-0"4LOT 5 - NORTH ELEVATIONOrdinance No. 14-40, Page 15EXISTING PD-68 July 1, 2014Prosper, TX900514.B1EXHIBIT F4 - CONCEPT PERSPECTIVESOrdinance No. 14-40, Page 16EXISTING PD-68 Page 1 of 2 To: Planning & Zoning Commission Item No. 6 From: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – October 15, 2019 Description of Agenda Item: Windsong Ranch is proposing to amend the development standards to allow for the development of the remaining phases, Phases 6-9, located north of Doe Creek. The subject area represents approximately 654 acres. Specifically, Windsong Ranch is proposing to 1) modify the overall lot count within the development, 2) introduce three (3) new lot types, and 3) to include additional development standards. Specifically, Windsong Ranch is requesting the following: o Increase the maximum number of 8,000 sq. ft. lots from 750 to 850 o Decrease the maximum number of 10,500 sq. ft. lots from 1,100 to 600 o Permit a maximum of 250 lots at 5,000 sq. ft. including a new “4-pack” product where four (4) homes share a single driveway (previously not permitted) o Permit a maximum of 250 lots at 6,000 sq. ft. (previously not permitted) o Permit a maximum of 40 lots at 20,000 sq. ft. (previously not shown but not prohibited) o Reduce the total maximum number of lots in Windsong Ranch from 3,500 to 3,250 Regarding the 5,000 sq. ft. and 6,000 sq. ft. lots, Staff was informed by the developer that similar homes have been constructed in Castle Hills. The following are pictures of the homes: 5,000 sq. ft. lot area with minimum 40-foot lot width Prosper is a place where everyone matters. PLANNING Page 2 of 2 6,000 sq. ft. lot area with minimum 50-foot lot width A formal Planned Development-40 zoning amendment was submitted to the Town on October 7, 2019. Prior to scheduling Public Hearings, this discussion item is intended to allow the developer an opportunity to provide an overview of the proposed amendments with the Commission, discuss the intent of the rezoning request, and receive feedback from the Commission. Due to the size of the applicant’s PowerPoint, a link to the presentation will be provided via email. Attached Documents: 1.Windsong Ranch, Phase 6-9 PowerPoint RESULTS Page 1 of 2 ] Prosper is a place where everyone matters. (Councilmember Dixon absent for Items 1 -11) Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events Presentations. 1. Presentation of Certificates of Appreciation to former members of the Town’s Boards and Commissions. (RB) Discussion Items. 2. Discussion regarding the American Association of State Highway and Transportation Officials (AASHTO) Green Book, and the Texas Manual on Uniform Traffic Control Devices (TMUTCD). (HW) CONSENT AGENDA: All Consent Agenda Items Approved, 6-0 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 by the request of Council Members or staff. 3. Consider and act upon the minutes from the September 24, 2019, Town Council Meeting. (RB) 4. Consider and act upon approving the renewal of dental benefits with Cigna Dental; and authorizing the Town Manager to execute the same for current and future renewal periods. (KS) 5. Consider and act upon authorizing the Competitive Sealed Proposal (CSP) procurement method for construction of the Old Town Regional Retention and Church & Parvin Drainage Improvement projects. (PA) (Approved with amendments) 6. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) services between the Town of Prosper and the City of Frisco. (AG) 7. Consider and act upon an ordinance abandoning a portion of Gee Road prescriptive right-of-way, beginning approximately 1,250 feet north of US 380 to the intersection with Fishtrap Road. (AG) 8. Consider and act upon authorizing the Town Manager to execute an Amended Annexation Agreement between Prosper Meadows and the Town of Prosper, Texas, regarding a 100.0± acre property, generally located on the south side of Parvin Road, west of Legacy Road. (AG) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, October 08, 2019 5:45 PM RESULTS Page 2 of 2 9. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) CITIZEN COMMENTS Items for Individual Consideration: 10. Presentation of service plan and second Public Hearing to consider the voluntary annexation of 6.8± acres, generally located 1,000± feet south of First Street, 4,000± feet west of Custer Road. (A19-0001). (AG) No action required 11. Consider and act upon an ordinance annexing 6.8± acres, generally located 1,000± feet south of First Street, 4,000± feet west of Custer Road. (A19-0001). (AG) Approved, 6-0 12. Conduct a Public Hearing, and consider and act upon a request for a Sign Waiver to allow for a temporary sign at St. Martin de Porres Catholic Church, located on the north side of US 380, east of Windsong Parkway. (AG) Approved, 7-0 13. Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020 Budget). (CS) Approved, 7-0 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. 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. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 14. Discussion regarding updates to the Thoroughfare Plan. (HW) 15. Town Council Tailgate Party. (RB)