06.16.15 PZ PacketPage 1 of 2
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1. Call to Order / Roll Call.
2. Pledge of Allegiance.
3. Consider and act upon the appointment of the Planning & Zoning Commission Chair,
Vice Chair, and Secretary.
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.)
4a. Consider and act upon minutes from the June 2, 2015 Regular Planning & Zoning
Commission meeting.
4b. Consider and act upon a Final Plat of Windsong Ranch, Phase 3A-2, being 54 single
family residential lots, on 20.1± acres, located on the west side of Gee Road, 1,200± feet
north of Fishtrap Road. The property is zoned Planned Development-40 (PD-40). (D15-
0046).
4c. Consider and act upon a Preliminary Plat for Windsong Ranch, Phase 2E, for 26 single
family residential lots, on 7.8± acres, located on the southeast corner of Windsong
Parkway and Fishtrap Road. The property is zoned Planned Development-40 (PD-40).
(D14-0047).
REGULAR AGENDA
(If you wish to address the Planning & Zoning Commission during the regular agenda, please fill out a “Speaker
Request Form” and present it to the Chair prior to the meeting. Citizens wishing to address the Planning & Zoning
Commission for items listed as public hearings will be recognized by the Chair. Those wishing to speak on a non-
public hearing related item will be recognized on a case-by-case basis, at the discretion of the Planning & Zoning
Commission.)
5. Conduct a Public Hearing, and consider and act upon a request to amend the Future
Land Use Plan from Medium Density Residential to High Density Residential, located on
the southeast corner of First Street and Coit Road. (CA15-0004). [Companion Case to
Z15-0006].
6. Conduct a Public Hearing, and consider and act upon a request to rezone 18.7± acres,
from Single Family-15 (SF-15) to Planned Development-Single Family-10 (PD-SF-10),
located on the southeast corner of First Street and Coit Road. (Z15-0006). [Companion
Case to CA15-0004]
AGENDA
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, June 16, 2015, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
7. Conduct a Public Hearing, and consider and act upon a request for an amendment to
Specific Use Permit-8 (SUP-8) for a Child Day Care Center, on 1.6± acres, located on
the north side of Richland Boulevard, 300± feet west of Coit Road. The property is
zoned Office (O). (S15-0005).
8. Conduct a Public Hearing, and consider and act upon an amendment to Planned
Development-38 (PD-38), on 83.6± acres, located on the northeast corner of US 380
and Coit Road. (Z15-0008).
9. Conduct a Public Hearing, and consider and act upon a request to rezone 12.3± acres,
from Commercial (C) to Planned Development-Retail (PD-R), located on the west side of
Custer Road, 200± feet north of US 380. (Z15-0009).
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
11. 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 on the inside
window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the
general public at all times, and said Notice was posted on June 12, 2015, at 5:00 p.m. and remained so
posted at least 72 hours before said meeting was convened.
________________________________________ _________________________
Robyn Battle, Town Secretary Date Noticed 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 Planning & Zoning Commission.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Planning & Zoning Commission
meetings are wheelchair accessible. For special services or assistance, please contact the Town
Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time.
Page 1 of 3
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1. Call to Order / Roll Call.
Meeting was called to order at 6:00 p.m.
Commissioners present: Vice Chair, Craig Moody, Secretary Chris Keith, Brian Barnes, David
Snyder, John Hema, Brandon Daniel
Commissioner(s) absent: John Alzner
Commissioner Hema arrived at 6:01 p.m.
Staff Present: John Webb, Director of Development Services; Alex Glushko, Senior Planner;
and Pamela Clark, Planning Technician
2. Recitation of Pledge of Allegiance.
CONSENT AGENDA
3a. Consider and act upon minutes from the May 19, 2015 Regular Planning & Zoning
Commission meeting.
3b. Consider and act upon a Final Plat of Gee Road, Segment A, on 3.5± acres, being
a segment of Gee Road, located at the intersection of US 380 and Gee Road. (D15-
0008).
3c. Consider and act upon a Preliminary Site Plan for a medical office development
(Texas Health Resources), on 10.5± acres, located on the northeast corner of US
380 and future Mahard Parkway. The property is zoned Planned Development-47
(PD-47) and Specific Use Permit-12 (S-12). (D15-0023).
3d. Consider and act upon a Site Plan for a medical office development (Texas Health
Resources), on 10.4± acres, located on the northeast corner of US 380 and future
Mahard Parkway. The property is zoned Planned Development-47 (PD-47) and
Specific Use Permit-12 (S-12). (D15-0024).
3e. Consider and act upon a Final Plat for the TXHR Addition, Block A, Lot 1, on 10.5±
acres, located on the northeast corner of US 380 and future Mahard Parkway. The
property is zoned Planned Development-47 (PD-47) and Specific Use Permit-12 (S-
12). (D15-0025).
3f. Consider and act upon a Final Plat of Meadowbrook, Phase 1, being 247 single
family residential lots, on 72.7± acres, located on the east side of Coit Road,
2,600± feet south of First Street. The property is zoned Planned Development-25
(PD-25). (D15-0031).
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, June 2, 2015, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 3
3g. Consider and act upon an Amending Plat of SJT Addition, Block 2, Lot 2, on 0.5±
acre, located on the southeast corner of Main Street and Third Street. The
property is zoned Downtown Retail (DTR). (D15-0042).
3h. Consider and act upon a Final Plat of Frontier Estates, Phase 3, for 75 single
family residential lots, on 27.0± acres, located 1,400 feet east of Preston Road,
1,500 feet south of Frontier Parkway. The property is zoned Planned
Development-15 (PD-15). (D15-0043).
3i. Consider and act upon a Site Plan for an office building (Prosper Bank), on 2.3±
acres, located on the northwest corner of Preston Road and First Street. The
property is zoned Planned Development-17 (PD-17). (D15-0044).
3j. Consider and act upon a Final Plat of the Prosper Bank Addition No. 1, Block A,
Lot 1, on 2.3± acres, located on the northwest corner of Preston Road and First
Street. The property is zoned Planned Development-7 (PD-7). (D15-0045).
3k. Consider and act upon a Final Plat of Teel Parkway, Segment B, on 5.4± acres,
being a segment of Teel Parkway located at the intersection of US 380. (D15-
0048).
3l. Consider and act upon a Final Plat of Fishtrap Road and Gee Road, Segment C, on
8.7± acres, being a segment of Fishtrap Road and Gee Road, located from Teel
Parkway to Gee Road. (D15-0049).
Motioned by Snyder, seconded by Barnes, to approve the Consent Agenda subject to staff
recommendations. Motion approved 5-0.
REGULAR AGENDA
4. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Webb: Provided a status update on the recently discussed residential design standards and a
timeline for approval.
5. Adjourn.
Motioned by Snyder, seconded by Hema, to adjourn at 6:03 p.m.
________________________________________ _________________________
Pamela Clark, Planning Technician Chris Keith, Secretary
Page 1 of 1
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Consider and act upon a Final Plat of Windsong Ranch, Phase 3A-2, being 54 single family
residential lots, on 20.1± acres, located on the west side of Gee Road, 1,200± feet north of
Fishtrap Road. The property is zoned Planned Development-40 (PD-40). (D15-0046).
Description of Agenda Item:
The Final Plat shows 54 single family residential lots. Access will be provided from Gee Road.
The Final Plat conforms to the Planned Development-40 (PD-40) development standards and
the approved Preliminary Plat.
Budget Impact:
There are no significant budget implications associated with the approval of this Final Plat.
Legal Obligations and Review:
The Final Plat meets minimum development requirements.
Attached Documents:
1. 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 on the Final Plat.
2. Town staff approval of civil engineering, landscape, irrigation, and screening plans.
3. Town staff approval of all right-of-way dedication, turn lanes, drive openings, street sections, hike
and bike trails and easements, and sidewalks.
4. Town staff approval of trees located in the right-of-way.
Prosper is a place where everyone matters.
PLANNING
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To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Consider and act upon a Preliminary Plat for Windsong Ranch, Phase 2E, for 26 single family
residential lots, on 7.8± acres, located on the southeast corner of Windsong Parkway and
Fishtrap Road. The property is zoned Planned Development-40 (PD-40). (D14-0047).
Description of Agenda Item:
The Preliminary Plat shows 26 single family residential lots. Access will be provided from
Windsong Ranch Parkway and Redstem Drive. The Preliminary Plat conforms to Planned
Development-40 (PD-40) development standards.
Budget Impact:
There are no significant budget implications associated with the approval of this Preliminary
Plat.
Legal Obligations and Review:
The Preliminary Plat meets minimum development requirements.
Attached Documents:
1. Preliminary Plat
Town Staff Recommendation:
Town staff recommends approval of the Preliminary Plat subject to:
1. Additions and/or alterations to the easements on the Preliminary Plat by Town staff.
2. Town staff approval of all preliminary water, sewer, and drainage plans.
3. Town staff approval of all thoroughfare locations, right-of-way dedications, easements,
driveways, turn lanes, drive openings, median openings, roundabouts, sidewalks, and hike
and bike trails.
4. Town staff approval of trees located within the right-of-way.
5. Removal of “(By Other)” in reference to the hike and bike trail.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 2
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use
Plan from Medium Density Residential to High Density Residential, located on the southeast
corner of First Street and Coit Road. (CA15-0004). [Companion Case to Z15-0006].
Description of Agenda Item:
Town staff has received a request to rezone 18.7± acres, from Single Family-15 (SF-15) to
Planned Development-Single Family-10 (PD-SF-10), located on the southeast corner of First
Street and Coit Road, Zoning Case #Z15-0006. To consider a rezoning request that does not
conform to the Future Land Use Plan, an amendment to the Future Land Use Plan must be
considered. A letter from the applicant detailing the basis for the request is attached.
The applicant is proposing to amend the Future Land Use Plan from Medium Density
Residential to High Density Residential. The Medium Density Residential District recommends
a maximum density of 2.5 dwelling units per acre, with single family residential lot sizes ranging
between 12,500 square feet and 15,000 square feet in size. The High Density Residential
District recommends a maximum density of greater than 2.5 dwelling units per acre, with single
family residential lot sizes smaller than 10,000 square feet in size. With the associated rezoning
request the applicant is proposing lot sizes that are a minimum of 10,000 square feet in size at a
density of 2.4 dwelling units per acre. The rezoning request does not conform to the Medium
Density Residential District in terms of recommended lot size.
Legal Obligations and Review:
The Planning & Zoning Commission is required to hold a Public Hearing prior to acting on an
amendment to the Future Land Use Plan.
Attached Documents:
1. Existing and Proposed Future Land Use Plan
2. Letter requesting Future Land Use Plan amendment
3. Pages 29-30 and 64 of the Comprehensive Plan
Prosper is a place where everyone matters.
PLANNING
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Town Staff Recommendation:
Town staff does not see a preponderance of rationale to warrant a change and recommends the
Planning & Zoning Commission deny the Future Land Use Plan amendment.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s
Development Schedule, a Public Hearing for this item would be scheduled for the Town Council
at their Regular meeting on July 14, 2015.
First St First St
US 380 US 380
CURRENT FUTURE
LAND USE PLAN –
MEDIUM DENSITY RESIDENTIAL
PROPOSED FUTURE
LAND USE PLAN –
HIGH DENSITY RESIDENTIAL
COlT 18 PARTNERS, LTD
1518 LEGACY DRIVE #220
FRISCO, TEXAS 75034
May 22,2015
Town of Prosper
409 E First St.
Prosper, TX 75078
To Whom It May Concern:
As the current land owner of the property located at the southwest corner of 1st Street and Coit Road, I would like to
address the proposed amendment to the Future Land Use Plan for the property. Our plans are to put a high quality
development on the ground with higher building standards than the Town of Prosper currently requires. We are
partnering with the developer and plan on staying involved throughout the building process to help insure a high
quality residential project for the Town of Prosper. We would also like you to consider the following as this case
moves forward:
• The proposed change to the Future Land Use Plan will allow the subject property to develop as an upscale
single-family community, mirroring existing products established in communities adjacent to and in the
immediate area of the proposed development.
• We believe that the proposed amendment from medium density residential to high density residential does not
deviate from the intent and envision of the Future Land Use Plan. Although the amendment does not match the
Town’s exact vision for this property, a high density residential use will support the theme and trend of this area,
providing a high-end product for future residents of the Town of Prosper for forty-four (44) lots.
• The proposed high density residential development’s intent is to provide a quality of product and community
equal to or greater than the adjacent communities. It will no doubt have a positive effect on the area.
• A high density residential development will provide a similar selection of homes, in regard to square footage,
quality and price, as the adjacent communities in the area. The owner and developer are committed to crafting a
product that exceeds the typical standards of development, enriching the area as a whole.
• The adjacent communities were developed as medium density residential, and we feel that it is logical to
match this use on the subject property. It will help maintain a sense of cohesion for this area by offering more
of a product that is market driven.
• The proposed high density residential development will be designed to industry standards at minimum , always
keeping in mind the safety and well-being of the general public. This development will provide a product that
exceeds base standards in many aspects, including the quality of home, aesthetics attributed by landscape
and hardscape features, and general appearance of the community. The owner wants to contribute to the
betterment of this area, further promoting a sense of community.
• This proposed development will provide forty-four (44) quality homes for future citizens of the Town of Prosper,
promoting economic growth and helping the Town to flourish for years to come.
We appreciate your consideration regarding the proposed rezoning of the subject tract and look forward to putting a
quality residential development on the ground in the Town of Prosper.
29 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Land Use Types
Residential Low Density
This land use is indicative of large-lot single-
family homes. Typically speaking, lot sizes
within any low density development will range
between 15,000 square feet and 1+ acre in size.
While a variety of lot sizes may be used, the
total gross density of low density residential
neighborhoods should not exceed 1.6 dwelling
units per acre. Large-lot homes will provide a
continuation of the rural atmosphere and feel
that was intensely expressed by Prosper’s
residents. Most low density residential areas
will be located in Northwest and Northeast
Prosper.
Residential Medium Density
Medium density residential is also
representative of single family detached
dwelling units. Lot sizes in medium density
residential neighborhoods could range between
12,500 and 20,000 square feet in size. A
variation in lot sizes may be permitted to
achieve a goal range in density. While a variety
of lot sizes may be used within medium density
residential neighborhoods, the gross density of
such developments will typically not be less
than 1.6 dwelling units per acre or greater than
2.5 dwelling units per acre.
30
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Residential High Density
High density residential represents the most
intense residential land uses permitted in
Prosper. High density single family uses will
consist of developments greater than 2.5
dwelling units per acre and lot sizes smaller
than 10,000 square feet. Within Prosper, the
high-density residential district is reflective of
the Artesia development, where single family
residential lot sizes and dwelling units per acre
will be substantially higher than the rest of the
community. High density residential may be
located within the Dallas North Tollway,
Highway 380, town Center and Old Town
Districts. In such areas, high density residential
may take the form of multifamily or single
family attached dwelling units and may include
mixed-use lofts/apartments, patio homes,
snout houses, brownstones and townhomes.
Retail and Neighborhood Services
Neighborhood services typically include retail
establishments that provide merchandise for
retail sale, banks, neighborhood office and
small medical offices. Retail uses are
particularly important because they contribute
to Prosper’s tax base through both property
and sales taxes, making their inclusion
attractive and often times competitive. Within
Prosper, neighborhood service uses will likely
occur at major intersections along the Dallas
North Tollway, HIghway 380 and Preston Road
corridors. Neighborhood service uses should
also be strategically placed along the Town’s
perimeter in order to attract patrons from
neighboring communities, enhancing sales tax
revenue opportunities. The majority of
neighborhood service activity within Prosper
will likely be included within the Dallas North
Tollway, Highway 380, Town Center and Old
Town districts.
64
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Maintaining compatibility between
the Zoning Map and the Future Land
Use Plan
Chapter 211 of the Texas Local Government
Code states that “zoning regulations must be
adopted in accordance with a comprehensive
plan.” Consequently, a zoning map and zoning
decisions should reflect the Future Land Use
Plan to the fullest extent possible. Therefore,
approval of development proposals that are
inconsistent with the Future Land Use Plan will
often result in inconsistency between the
Future Land Use Plan and the zoning
regulations.
At times, the Town will likely encounter
development proposals that do not directly
reflect the purpose and intent of the land use
pattern as shown on the Future Land Use Plan
map. Review of such development proposals
should include the following considerations:
Will the proposed change enhance the
site and the surrounding area?
Is the proposed change a better use
than that originally envisioned and
depicted on the Future Land Use Plan
map?
Will the proposed use impact adjacent
residential areas in a negative manner?
Will the proposed use be compatible
with and/or enhance adjacent
residential uses?
Are uses adjacent to the proposed use
similar in nature in terms of
appearance, hours of operation, and
other general aspects of compatibility?
Does the proposed use present a
significant benefit to the public health,
safety, welfare and/or social well-being
of the community?
Would it contribute to the Town’s long-
term economic stability?
Development proposals that are inconsistent
with the Future Land Use Plan map (or that do
not meet its general intent) should be reviewed
based upon the above questions and should be
evaluated on their own merit. It should be
incumbent upon the applicant making such a
proposal to provide evidence that the proposal
meets the aforementioned considerations,
supports community goals and objectives as set
forth within this Plan, and represents long term
economic and/or social benefits for the
community as a whole, not just a short-term
financial gain for whoever is developing the
project.
It is important to recognize that proposals not
directly consistent with the Plan could reflect
higher and better long-term uses than those
originally envisioned and shown on the Future
Land Use Plan map for a particular area. This
may be due to changing markets, demographics
and/or economic trends that occur at some
point in the future after the Plan is adopted. If
such changes occur, and especially if there are
demonstrated significant social and/or
economic benefits to the Town of Prosper, then
these proposals should be approved and the
Future Land Use Plan map should be amended
accordingly.
Page 1 of 3
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 18.7± acres, from
Single Family-15 (SF-15) to Planned Development-Single Family-10 (PD-SF-10), located on the
southeast corner of First Street and Coit Road. (Z15-0006). [Companion Case to CA15-0004]
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land
Use Plan
Subject
Property Single Family-15 Undeveloped Medium Density
Residential
North
Retail and Planned
Development-18-Single
Family
Undeveloped and Single
Family Residential
(Greenspoint)
Retail & Neighborhood
Services and Low
Density Residential
East Planned Development-
25-Single Family Undeveloped Medium Density
Residential
South Planned Development-
25-Single Family Undeveloped Medium Density
Residential
West
Planned Development-6-
Single Family and
Specific Use Permit-10
St. Paul’s Episcopal
Church and La Cima
Subdivision
Medium Density
Residential
Requested Zoning – Z14-0016 is a request to rezone 18.7± acres, from Single Family-15 (SF-
15) to Planned Development-Single Family-10 (PD-SF-10), located on the southeast corner of
First Street and Coit Road. The proposed PD-SF-10 regulations are attached. The proposed
PD-SF-10 District would allow for the development of 44 single family residential lots on the
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
property, a density of 2.4 dwelling units per acre. The following is a comparison of the proposed
PD-SF-10 District standards to the straight SF-10 and SF-15 District standards.
Proposed PD-SF-10
District Straight SF-10 District Straight SF-15 District
Min. Lot
Area 10,000 square feet 10,000 square feet 15,000 square feet
Min. Lot
Width 80 feet 80 feet 100 feet
Min. Lot
Depth 125 feet
125 feet, 110 feet for cul-
de-sac, eyebrow, and
irregular shaped lots
135 feet
Min.
Dwelling
Area
1,800 square feet 1,800 square feet 1,800 square feet
Front Yard
Setback 25 feet 25 feet 35 feet
Side Yard
Setback
8 feet, 15 feet on
corner lots adjacent to
a side street
8 feet, 15 feet on corner
lots adjacent to a side
street
10 feet, 15 feet on corner
lots adjacent to a side
street
Rear Yard
Setback 25 feet 25 feet 25 feet
Maximum
Height 40 feet 40 feet 40 feet
The other development standards that vary from straight zoning are as follows:
• Exterior Materials and Detailing – The proposed PD development standards require 100%
masonry on all walls visible from any street, and 80% masonry on the remaining sides.
Chimneys are required to be masonry. There are standards for gutters, plate heights, house
numbers, mailboxes, and stone features.
• Walls, Fencing, and Screening – The proposed PD development standards require walls and
screens visible from streets or common areas to be constructed of either materials to match the
exterior materials of the homes, or wrought iron, consistent wrought iron fencing is required for
lots adjacent to greenbelts, service equipment is required to be screened to match residential
architecture or landscaping, and retaining walls facing front yards or greenbelts are required to be
constructed of brick or stone.
• Garages, Driveways, and Walkways – The proposed PD requires all driveways fronting a street
to be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, salt-finish
concrete, or broom finish concrete with brick or stone borders. All sidewalks from the public
sidewalk or driveway must be constructed of brick, stone, slate, flagstone, exposed aggregate or
salt finish concrete, or other approved materials.
Page 3 of 3
• Trees – The proposed PD requires a minimum of two, four-inch caliper trees in the front yard,
and any lot with more than seventy feet of frontage adjacent to streets or a park to have no less
than one five-inch caliper tree for each thirty-five feet of street or park frontage.
Town staff presented the applicant with the current draft listing of residential design standards
being considered by the Planning & Zoning Commission and Town Council, in order to allow the
development standards to be incorporated into the PD request; however the applicant has
chosen not to include the development standards.
Future Land Use Plan – The Future Land Use Plan recommends Medium Density Residential
for the property. The Medium Density Residential District recommends a maximum of 2.5
dwelling units per acre, with single family lot sizes between 12,500 square feet and 15,000
square feet. The proposed Planned Development-SF-10 District would allow for the
development of 44 single family residential lots, with a minimum lot area of 10,000 square feet,
at a density of 2.4 dwelling units per acre. The zoning request does not conform to the existing
Future Land Use Plan.
Thoroughfare Plan – The property is not adjacent to any future thoroughfares.
Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended
to the property.
Access – Access to the property will be provided from Coit Road and First Street.
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – No 100-year floodplain exists on the site.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has not received any Public Hearing Notice Reply forms.
Attached Documents:
1. Zoning map of the surrounding area
2. Zoning Exhibits A, B, C, D, and E
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission deny the request to rezone 18.7±
acres, from Single Family-15 (SF-15) to Planned Development-Single Family-10 (PD-SF-10),
located on the southeast corner of First Street and Coit Road.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s
Development Schedule, a Public Hearing for this item would be scheduled for the Town Council
at their Regular meeting on July 14, 2015.
LEW IS CANY ON DR
T OWNL AK E DRLOSTCREEKDRTOWNLAKE BLVDSPRINGBROOKDR
ARBOL WAY SCOITRDE FIRST ST
SF-10PD-6S-10
SFPD-18
SFPD-25
SF-10PD-6
SF-15
SF-15
R
Z15-0006
±0 100 200
Feet
1 inch = 200 feet
POINT OF
BEGINNING
Z15-0006
EXHIBIT "A"
Enclave At Coit
44 Residential Lots Developed To PD-SF-10 Standards & 4 HOA Lots
18.745 Acres Out Of The
J. STONE SURVEY ~ ABSTRACT No. 847
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Current Zoning: SF-15
Requested Zoning: PD-SF-10
Exhibit ‘B’
Statement of Intent and Purpose
The purpose of this Planned Development is to create a high quality development in a manner
that meets the current market demands for residential development. Proposed land use and
acreage are as follows:
Land Use Approx. Area Dwelling Units
1. Residential 18.75 Acres 44
The proposed zoning includes specific development standards for the single-family residential
land use and are described herein. The proposed single family residential will generally follow
the Single Family–10 (SF-10) zoning classification described in the Town of Prosper Zoning
Ordinance No. 05-20, as amended.
Exhibit ‘C’
Planned Development Standards
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance:
Except as otherwise set forth in these Development Standards, the regulations of the Town’s
Zoning Ordinance (ordinance No. 05-20 as it exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
Tract A – Single Family 10 District
A.1 Except as noted below, this tract shall develop in accordance with the Single Family-10
(SF-10) District, as it exists or may be amended.
A.2 The tract shall develop in general conformance with Exhibit D.
A.3 Regulations
1. Setbacks
a. Minimum Lot Depth: Cul-de-sac lots, eyebrow lots, and irregular shaped lots
shall have a minimum depth of one hundred ten feet (110’) as measured from the
center of the lot.
2. Exterior Materials & Detailing:
a. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all
walls visible from any street, and 80 % masonry on each (not cumulative)
remaining side and rear elevations. All exposed portions of the fire breast, flu
and chimney shall be clad in brick, stone or brick and stone, matching the
materials used on the residence. No Exterior Insulation and Finish Systems
(E.I.F.S.) are permitted on any exterior elevation or chimney.
b. The entire structure shall be guttered with downspouts. All gutter and
downspouts on the front of the house and any side that faces a street or common
area shall be molded form of smooth round material. Gutters shall not drain
across property lines.
c. Each structure shall have a minimum principal plate height of 10 feet on the floor
and a minimum plate height of 9 feet on garages.
d. A uniform house number style and house number locations will be selected by
the developer.
e. A uniform mailbox style will be selected by the developer.
f. Stone shall be in chopped rectangular shapes and random sizes.
g. Cast Stone shall be light brown, white or cream in color with or without pitting.
2. Walls/Fencing/Screening:
a. Walls and screens visible from streets or common areas shall be constructed of
masonry matching that of the residence, masonry and wrought iron, or wrought
iron. Walls and screens not visible from streets or common areas may be
constructed of smooth finish redwood or # 1 grade cedar. All fence posts shall
be steel set in concrete and shall not be visible from the alley or another dwelling.
All fence tops shall be level with grade changes, stepped up or down as the
grade changes.
b. Thoroughfare Screening requirements of the Subdivision Ordinance, as they
exist, or may be amended, shall apply to Tract A.
c. A common 4’ wrought iron fence detail, to be used for all rear and side fencing
within the greenbelt/ flood plains area, will be chosen by the developer.
d. Equipment, air conditioning compressors, service yards, storage piles,
woodpiles, garbage receptacles, and similar items must be visually screened
from streets, alleys, common areas and neighboring lots by solid screening walls
that match the residential material or landscaping.
e. Retaining walls built or abutting: front yards, facing a greenbelt, or rear yards
within a greenbelt shall be constructed of mortar-jointed brick matching the
residence, or mortar-jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
3. Garages/Driveways/Walkways:
a. All Driveways fronting on a street shall be constructed of one or more of the
following materials: brick pavers, stone, interlocking pavers, exposed aggregate,
or salt-finish concrete. The Developer may consider front driveways of stamped
or broom finish concrete with brick or stone borders on a case-by-case basis. All
sidewalks and steps from the public sidewalk or front driveway to the front entry
must be constructed in brick, stone, slate, flagstone, exposed aggregate or salt-
finish concrete, or other approved materials.
4. Trees:
a. Landscape requirements shall include a minimum of two 4” caliper trees in the
front yard, in accordance with the Town’s Large Tree (Shade) list. Any lot with
more than 70 feet of frontage to adjacent streets and park will require no less
than one 5” caliper live oak or red oak tree for every 35’ of street and park
frontage (or portion thereof) on each lot. For example, 80 feet of frontage would
require 3 trees. Pre-existing trees that remain on a lot after completion of
construction on the lot, such trees may be used to meet the planting
requirements for the respective lot.
POINT OF
BEGINNING
Z15-0006
EXHIBIT "D"
Enclave At Coit
44 Residential Lots Developed To PD-SF-10 Standards & 4 HOA Lots
18.745 Acres Out Of The
J. STONE SURVEY ~ ABSTRACT No. 847
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Current Zoning: SF-15
Requested Zoning: PD-SF-10
Exhibit ‘E’
Development Schedule
It is the intent of the developer is to begin the approximate sixteen (16) acre single-phase
residential development within the next year. The development schedule is approximate and is
subject to change based on, but not limited to, such variables as final design and market
conditions.
Page 1 of 3
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for an amendment to Specific
Use Permit-8 (SUP-8) for a Child Day Care Center, on 1.6± acres, located on the north side of
Richland Boulevard, 300± feet west of Coit Road. The property is zoned Office (O). (S15-
0005).
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
Office and Specific Use
Permit-8 Undeveloped Land US 380 District
North
Planned Development-2-
Multifamily and Office
Multifamily Residential
(Estates of Prosper) and
Undeveloped Land
US 380 District
East
Office Undeveloped Land US 380 District
South
Planned Development-2-
Corridor District Undeveloped Land US 380 District
West
Planned Development-2-
Multifamily
Multifamily Residential
(Estates of Prosper) US 380 District
Requested Zoning – S15-0005 is a request for an amendment to the existing SUP for a Child
Day Care Center on 1.6± acres, located on the north side of Richland Boulevard, 400± feet west
of Coit Road. The property is zoned Office (O). The applicant is proposing to increase the
building square footage of the building shown on the existing SUP exhibit by greater than 10%;
therefore an amendment to the SUP is required. The existing SUP shows a 9,050 square foot
building, while the proposed amendment to the SUP shows a 12,010 square foot building. The
number of parking spaces and screening has remained unchanged.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
Exhibit B shows the proposed layout which consists of a 1-story, 12,010 square foot building,
and 36 parking spaces allowing for up to 120 students and 10 teachers. Exhibit C shows a 6-
foot tall masonry wall and 6-foot tall wrought iron fence with solid living screen along the
western property line as noted on the currently approved Exhibit. The masonry wall is located
on the northern half of the western property line, and the wrought iron fence and solid living
screen are located on the southern half of the western property line. The masonry wall is
approximately 226-feet in length, shall be constructed to match the exterior building materials of
the main building, includes perimeter plantings in accordance with the Zoning Ordinance, and is
located adjacent to the playground area.
The solid living screen, in lieu of a masonry wall, is approximately 132 feet in length and is not
located adjacent to the playground area. The wrought iron fence and solid living screen is
located 15 feet off of the western property line due to an existing sanitary sewer easement and
located in a 25-foot landscape setback. The solid living screen consists of one large 3-inch or 4-
inch caliper evergreen tree, planted on 30-foot centers, and 45-gallon evergreen shrubs, planted
on 6 foot centers, 8-foot in height at the time of planting. Exhibit D shows a conceptual
rendering depicting the architectural look and style of the building, and any future development
will be required to meet the non-residential design and development standards of the Zoning
Ordinance.
The Zoning Ordinance contains four criteria to be considered in determining the validity of a
SUP request. These criteria, as well as staff’s responses for each, are below:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
The surrounding properties are multifamily uses to the north and west, undeveloped land to
the north and east zoned for office uses, and undeveloped land zoned for commercial uses
to the south. Child Day Care Centers are typically located in less intense zoning districts,
such as office districts and residential districts. Therefore, the proposed use is harmonious
and compatible with the surrounding existing and proposed uses.
2. Are the activities requested by the applicant normally associated with the requested use?
The activities requested by the applicant, as shown on Exhibit B, are normally associated
with the use of a Child Day Care Center.
3. Is the nature of the use reasonable?
The property is zoned Office (O) and the Future Land Use Plan (FLUP) recommends US
380 District uses for the property. The proposed use is an appropriate use in the O District,
which conforms to the FLUP. Therefore, the nature of the use is reasonable.
4. Has any impact on the surrounding area been mitigated?
The attached Exhibit C provides an adequate screen between uses, which mitigates any
impact on the surrounding area.
The proposed Child Day Care Center use is harmonious and compatible with the surrounding
uses and the proposed uses in the US 380 District. The impact on the surrounding area has
been mitigated. Therefore, this request satisfies the Town’s criteria for SUP approval.
Page 3 of 3
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends US 380 District uses
for the property. The FLUP recommends the US 380 District contain a variety of different uses,
with the more intense uses being located along US 380 and residential uses to the north being
buffered by less intense uses, such as office. This request conforms to the FLUP.
Conformance to the Thoroughfare Plan – The property has direct access to Richland Boulevard,
an existing four-lane divided thoroughfare. The SUP exhibit complies with the Thoroughfare
Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer service have been extended to
the property.
Access – Access to the property is provided from Richland Boulevard. Adequate access is
provided to the property.
Schools – This property is located within the Prosper Independent School District (PISD). It is
not anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. Town staff
has received one Public Hearing Notice Reply form; not in opposition to the request.
Attached Documents:
1. Zoning map of surrounding area
2. Existing SUP-8
3. Proposed SUP Exhibits A, B, C, and D
4. Public Hearing Notice Reply form
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve an amendment to Specific
Use Permit-8 (SUP-8) for a Child Day Care Center, on 2.0± acres, located on the north side of
Richland Boulevard, 300± feet west of Coit Road.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s
Development Schedule, a Public Hearing for this item would be scheduled for the Town Council
at their Regular meeting on July 14, 2015.
S COIT RDRICHLA ND B LV D
CS-2
OS-8
CS-4
CORPD-2
MFPD-2 SFPD-25
RPD-38
SF-10PD-6
C
O
S15-0005
±0 100 200
Feet
1 inch = 200 feet
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-36
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
GRANTING A SPECIFIC USE PERMIT (SUP) FOR A CHILD DAY CARE
CENTER, LOCATED ON A TRACT OF LAND CONSISTING OF 1.43 ACRES,
MORE OR LESS, SITUATED IN THE H. JAMISON SURVEY, ABSTRACT NO.
480, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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
Prosper Ventures Partners ("Applicant") for a Specific Use Permit (SUP) to allow for a Child Day
Care Center on a tract of land zoned Office (0), consisting of 1.43 acres of land, more or less,
situated in the H. Jamison Survey, Abstract No. 480, in the Town of Prosper, Collin County,
Texas, and being particularly being described in Exhibit "A," attached hereto and incorporated
herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, public hearings have been held, and all other
requirements of notice and completion of such 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
Specific Use Permit Granted. Zoning Ordinance No. 05-20 is amended as follows:
Applicant is granted a Specific Use Permit (SUP) to allow the operation of a Child Day Care
Center, on a tract of land zoned Office (0), consisting of 1.43 acres of land, more or less,
situated in H. Jamison Survey, Abstract No. 480, in the Town of Prosper, Collin County, Texas,
and being particularly being described in Exhibit "A," attached hereto and incorporated herein
for all purposes as if set forth verbatim.
The property shall continue to be used in a manner consistent with the conditions expressly
stated in the site plan attached hereto as Exhibit "B," landscape plan attached hereto as Exhibit
C," and fagade plan attached hereto as Exhibit "D," which is incorporated herein for all
purposes as if set forth verbatim, subject to the following conditions of approval by the Town
Council:
1. Landscaping shall be provided around the dumpster enclosure.
Except as amended by this Ordinance, the development of the Property within this Specific Use
Permit (SUP) shall comply fully with the requirements of all ordinances, rules, and regulations of
the Town 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.14-36,Page 2
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/Repealinq 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 10th DAY OF JUNE, 2014.
Ray Smith, Mayor
AT ST;,
ll
i
v
Robyn B fle, Town`-gecretary
APPROVED AS TO FORM AND LEGALITY:
sue— /d-J-J. tA
Terrence S. Welch, Town Attorney
Ordinance No.14-36,Page 3
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EXHIBIT 'A'METES & BOUNDS DESCRIPTIONFor ROGY'S LEARNING PLACE at PROSPERBEING a 1.60 acres track of land located in H. Jamison Survey, Abstract No. 480, in theTown of Prosper, Collin County, Texas, and also being platted as Lot 3, Block A ofWhispering Gables Addition, an addition to the Town of Prosper, Collin County, Texas, andbeing more particularly described by metes and bounds as follows;BEGINNINGDWDò´LURQURGIRXQG6RXWKZHVWFRUQHURI/RW%ORFN$VDLGSRLQWDOVRbeing located on the north right-of-way of Richland Boulevard, approximate 801.2 feet fromthe intersect of the west right-of-way line of Coit Road and the north right-of-way line ofRichland Boulevard;THENCE1
´(IRUDGLVWDQFHRI IHHWWRDò´,URQURGIRXQGIRUDFRUQHUsaid the point also being northern corner of Lot 3, Block A;THENCE6
´(IRUDGLVWDQFHRIIHHWWRD´LURQURGIRXQGIRUDFRUQHU THENCE6
´(IRUDGLVWDQFHRI IHHWWRD´LURQURGIRXQGIRUDFRUQHU THENCE1
´(IRUDGLVWDQFHRIIHHWWRD´LURQURGIRXQGIRUDFRUQHU THENCE6
´(IRUDGLVWDQFHRIIHHWWRDSRLQWLQWKHFHQWHUOLQHRIRichland Boulevard (a 90' ROW) for a corner;THENCE6
´:IRUDGLVWDQFHRIIHHWDORQJWKHFHQWHUOLQHRI5LFKODQGBoulevard, to a point for a cornerTHENCE1
´:IRUDGLVWDQFHRIIHHWWRPOINT OF BEGINNING andcontaining 88,826 SF or 2.04 acres tract of land with more or less.PROJECT LOCATIONLOCATION MAPUS-75 SH-121 W UNIVERSITY DR.SH-289DALLAS NORTH TOLLWAYUS-380EXHIBIT "A"DALLAS, TEXAS 75252(972) 248-9651 FAX (972) 248-968117819 DAVENPORT ROAD, SUITE 215FOR REVIEW ONLYPansak Sribhen, RPLSRegistered Land Surveyor # 3576 Date: 06/10/2015S15-0005NOTE:THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSE AND DOSE NOT SET THE ALIGNMENT.THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT.LEGENDY:\2015\21517.RLP\CURRENT\SHEET SET\SUP SET_REVISED 15-06-10\EXHIBIT A.dwg
PROJECT LOCATIONLOCATION MAPLEGENDS:US-75 SH-121 W UNIVERSITY DR.SH-289DALLAS NORTH TOLLWAY
SITE PLAN
C-1NOTE:SITE PLAN GENERAL NOTES:US-380SITE DATA SUMMARY TABLEDESCRIPTIONLOT 3GENERAL SITE DATAPARKINGOPEN SPACEPLAY GROUND AREASITE PLANSHEETFOR
17819 DAVENPORT ROAD, SUITE 215
DALLAS, TEXAS 75252
(972) 248-9651 FAX (972) 248-9681
T.B.P.E. FIRM LICENSED NO. F-6974
T.B.P.L.S. FIRM REGISTERED NO. 100433 FEMA NOTE:FOR REVIEW ONLYEXHIBIT "B"S15-0005DETAIL "A"EMERGENCY EXIT NOTE:Y:\2015\21517.RLP\CURRENT\SHEET SET\SUP SET_REVISED 15-06-10\EXHIBIT B SITE PLAN.dwg
SHEETFOR
17819 DAVENPORT ROAD, SUITE 215
DALLAS, TEXAS 75252
(972) 248-9651 FAX (972) 248-9681
T.B.P.E. FIRM LICENSED NO. F-6974
T.B.P.L.S. FIRM REGISTERED NO. 100433
LANDSCAPE PLAN
LP-1PROJECT LOCATIONLOCATION MAPUS-75 W UNIVERSITY DR.DALLAS NORTH TOLLWAYSH-121 SH-289US-380LANDSCAPE PLANFOR REV
IEW
ONLYTREESHRUBS & GROUND COVER LAWNPLANTING NOTESSHRUB PLANTING DETAILLARGE TREE STAKING DETAILLANDSCAPE REQUIREMENTSLANDSCAPE AREANOTESS15-0005EXHIBIT "C"LEGEND:Y:\2015\21517.RLP\CURRENT\SHEET SET\SUP SET_REVISED 15-06-10\EXHIBIT C LANDSCAPING PLAN.dwg
ELEVATION 10'-0"T.O. PARAPET 21'-2"T.O. ROOF 20'-2"122'-6"15'-0"123'-8"17'-10"90'-10"26'-9"12'-7"1'-5"MR#01 STONE VENEERMR#03 E.I.F.S.MR#02 BRICK VENEERMR#03 E.I.F.S.MR#01 STONE VENEERMR#02 BRICK VENEERMR#02 BRICK VENEERMR#02 BRICK VENEERMR#03 E.I.F.S.MR#03 E.I.F.S.ELEVATION 10'-0"T.O. PARAPET 21'-2"T.O. ROOF 20'-2"120'-1"3'-10"1'-3"125'-2"MR#01 STONE VENEERMR#02 BRICK VENEERMR#03 E.I.F.S.MR#01 STONE VENEERMR#02 BRICK VENEERMR#02 BRICK VENEERELEVATION 10'-0"T.O. PARAPET 21'-2"T.O. ROOF 20'-2"102'-5"104'-7"1'-5"26'-9"9'-4"11'-6"30'-3"14'-10"21'-4"2'-3"MR#01 STONE VENEERMR#03 E.I.F.S.MR#03 E.I.F.S.MR#03 E.I.F.S.MR#01 STONE VENEERMR#02 BRICK VENEERMR#02 BRICK VENEERMR#02 BRICK VENEERELEVATION 10'-0"T.O. PARAPET 21'-2"T.O. ROOF 20'-2"23'-7"15'-6"104'-8"79'-0"22'-7"MR#02 BRICK VENEERMR#03 E.I.F.S.MR#03 E.I.F.S.MR#01 STONE VENEERMR#01 STONE VENEERMR#02 BRICK VENEERMR#03 E.I.F.S.MR#03 E.I.F.S.MR#02 BRICK VENEERNORTH ( REAR SIDE )EAST ( RIGHT SIDE )SOUTH ( FRONT SIDE )WEST ( LEFT SIDE )MATERIALS CALCULATIONS TABLE:TOTAL OF ELEVATION AREAAREA OF WINDOWS & DOORSMR#01 - STONE VENEERNET AREA (EXCLUSIVE OF W&D)MR#02 - BRICK VENEER DESCRIPTIONMR#03 - E.I.F.S.DOORGLAZINGDESCRIPTION217 S.F. 1,778 S.F. 377 S.F. 1,561 S.F. 1,106 S.F. LINE LEGEND:ELEVATION GRIDLEGEND:T.O. = TOP OF F.F. = FINISHED FLOORM.R. = MATERIALWALL MOUNTED SIGNAGE AREA1/A2.03/A-2.02/A-2.04/A-2.0
SHEETFOR
17819 DAVENPORT ROAD, SUITE 215
DALLAS, TEXAS 75252
(972) 248-9651 FAX (972) 248-9681
T.B.P.E. FIRM LICENSED NO. F-6974
T.B.P.L.S. FIRM REGISTERED NO. 100433 SOUTH ELEVATION1NORTH ELEVATION3WEST ELEVATION2EAST ELEVATION4SCALE: 3/32" = 1'-0"A-1SCALE: 3/32" = 1'-0"SCALE: 3/32" = 1'-0"SCALE: 3/32" = 1'-0"DALLAS, TEXAS 75252(972) 248-9651 FAX (972) 248-968117819 DAVENPORT ROAD, SUITE 215FLOOR PLANNTSFACADE PLAN NOTES:1.THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY.ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROMTHE BUILDING INSPECTIONS DEPARTMENT.2.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROMPUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.3.WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITSSHALL BE PAINTED TO MATCH THE BUILDING.4.ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TOAPPROVAL BY THE BUILDING INSPECTIONS DEPARTMENT.5.WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLEREFLECTIVITY OF TEN (10) PERCENT.EXTERIOR ELEVATIONSEXHIBIT "D"EXTERIOR ELEVATIONSS15-0005FOR REVIEW ONLYY:\2015\21517.RLP\CURRENT\SHEET SET\SUP SET_REVISED 15-06-10\EXHIBIT D EXTERIOR ELEVATIONS.dwg
Page 1 of 3
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon an amendment to Planned Development-
38 (PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. (Z15-
0008).
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-38-
Retail Undeveloped US 380 District
North
Planned Development-25-
Single Family
Prosper Independent
School District (Rogers
Middle School)
US 380 District
East
Planned Development-25-
Mixed Use Undeveloped US 380 District
South City of McKinney City of McKinney City of McKinney
West
Planned Development-2
Corridor District Undeveloped US 380 District
Requested Zoning/Background – Z15-0008 is a request to amend Planned Development-38
(PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. The original
PD-38 (attached) was approved by the Town Council in 2007 in response to a request by
Alberta Development Partners to create a unified retail center on the 83.6-acre tract of land.
The PD requires development to be conformance with the adopted plan (Exhibit of E of the PD)
and architectural standards (Exhibit F of the PD).
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
Over the past several years, the single tract has been sold by metes and bounds to various
owners. The owner of the western-most tract (Tract A) desires to deviate from the development
plan as established by the PD in order to develop a CVS Pharmacy at the NEC of US 380 and
Coit Road. This action in combination with the split of the parent tract necessitates the
amendment of the entire area of PD-38. Without formally amending the PD, development of
any portion of the 83.6-acre site will not be permitted.
In conjunction with the applicant’s request to amend the portion of the PD to accommodate the
CVS Pharmacy, the Town initiated a zoning change for the remainder of PD-38 (see attached
letter to the property owners).
The proposed rezoning would allow each landowner to develop their property independently. A
Conceptual Development Plan has been included for Tract A; however the proposed rezoning
would require a Conceptual Development Plan prior to development of Tracts B, C, and D.
Conceptual Development Plans include a site layout in accordance with Exhibit D and
architectural elevations in accordance with Exhibit F, and require approval by the Planning &
Zoning Commission and Town Council.
The proposed PD allows for development of the property in accordance zoning Exhibit C
(development standards), Exhibit D (conceptual development plan), Exhibit F (conceptual
architectural elevations), and Exhibit G (conceptual landscape plans), and in accordance with
the Retail (R) District, with the exception of the following standards which vary from the Town’s
requirements:
1. Uses – The proposed PD limits the list of uses as identified on Exhibit C, Section A.3 and B.3
2. Landscaping – Around the perimeter of the property, the proposed PD generally requires four-
inch caliper trees, planted on twenty or twenty-five-foot centers, while the Zoning Ordinance
requires three-inch caliper trees, planted on thirty-foot centers, and the proposed PD generally
requires forty, five-gallon shrubs or twenty, ten-gallon shrubs planted on thirty-foot centers, while
the Zoning Ordinance requires fifteen, five-gallon shrubs, planted on thirty-foot centers. The
proposed PD generally requires three to four-foot berms, while the Zoning Ordinance does not
require berms. The proposed PD requires added screening for loading areas along Richland
Boulevard and allows for trees required in conjunction with parking islands within the fifty-foot
utility easement to be relocated elsewhere on the property.
3. Utility Power Lines – The proposed PD requires new utility distribution and service lines to be
placed underground, while the Zoning Ordinance does not currently have this requirement.
4. Detention Ponds – The proposed PD requires above ground detention to be a constant water
level, while the Zoning Ordinance does not currently have this requirement.
The existing PD includes a comprehensive set of architectural requirements, as shown on
Exhibit F of the existing PD. This exhibit details and defines the architectural design, character,
and standards for the property. It specifically defines the architectural design, character, and
standards for “High Visibility Retail Area,” “Major and Junior Anchor,” and “Pad Site” areas.
The CVS Pharmacy proposed for development is located in a “High Visibility Retail Area,” and
the architectural design and character for that area is shown on Exhibit F.3 of the existing PD.
As shown on Exhibit F of the proposed PD, the applicant is proposing to construct a building
that meets the minimum requirements of the Zoning Ordinance, and does not match the design
and character shown on the existing PD. The original PD envisioned that the buildings near the
Page 3 of 3
northeast corner of Coit and US 380, site of the proposed CVS, “frame” the corner by locating
the buildings near the corner and placing the parking interior to the site. CVS desires to develop
a typical suburban layout with the parking field located between US 380 and Coit Road and the
building. Staff understands the issues of locating a building adjacent to the street in that there
has to be a “back side” of the building with service/loading areas. However, staff believes the
proposed CVS façade plan does not respect the intent of the original PD by creating a high
quality building at the high visibility entryway into the Town. Therefore, staff recommends the
architectural design and character of the elevations shown on Exhibit F.3 of the original PD
remain in place.
Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the
property. The proposed rezoning request conforms to the Future Land Use Plan.
Thoroughfare Plan – The property is adjacent to US 380, an existing major thoroughfare, and
Coit Road an existing minor thoroughfare. The zoning exhibit complies with the Thoroughfare
Plan.
Water and Sanitary Sewer Services – Water service has been extended to the property.
Sanitary sewer service will need to be extended to the site prior to or with development.
Access – Access to the property will be provided from US 380, Coit Road, and Richland
Boulevard.
Schools – This property is served by the Prosper Independent School District (PISD). It is not
anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has received one Public Hearing Notice Reply form; not in opposition to the request.
Attached Documents:
1. Zoning map of the surrounding area
2. Existing PD-38
3. Proposed PD Exhibits A, B, D, E, F, and G
4. Letter to Property Owners
5. Public Hearing Notice Reply form
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve an amendment to Planned
Development-38 (PD-38), being 83.6± acres, located on the northeast corner of Coit Road and
US 380, subject to:
1. Replacing proposed PD Exhibit F with existing PD Exhibit F.3
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s
Development Schedule, a public hearing for this item would be scheduled for the Town Council
at their Regular meeting on July 14, 2015.
S COIT RDE UNIV E RS IT Y DR
COIT RDRICHL AN D B L V D
OS-8
MPD-25
CORPD-2
MFPD-2
SFPD-25
RPD-38
SF-10PD-6
O
Z15-0008
±0 200 400
Feet
1 inch = 400 feet
Page Intentionally Left Blank
EXHIBIT ‘B’
CVS Pharmacy intends to develop the hard corner of US 380 & Coit road with a 14,600 SF building with drive-thru
service. The remainder of Tract A is designed as a shopping center to accommodate an approximate 115,000 square
foot anchor retail building along with complimentary retail establishments containing restaurant and typical service
tenants. Other than CVS, there are four (4) planned outparcels which may contain a combination of national and
regional retailers including banks, casual dining restaurants as well as established quick-service restaurants.
Tracts B, C & D are under separate ownership, but governed by the same zoning, Planned Development-38 (PD-38).
This Planned Development request is intended to resolve the discrepancy between the zoning and ownership
circumstances and allow for the development of a CVS Pharmacy in the near term and future retail and service of
the remaining property in the future.
1
-Exhibit C-
Planned Development Standards
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance:
Except as otherwise set forth in these Development Standards, the regulations of the Town’s
Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
Tract A Retail District
A.1 Except as noted below, Tract A shall develop in accordance with the Retail District, as it
exists or may be amended.
A.2 Development Plans
1. Conceptual Development Plan: Development shall be in conformance with the
attached concept plan, set forth in Exhibit D.
2. Elevations: Development shall be in conformance with the attached elevations, set
forth in Exhibit F.
3. Landscape Plan: Development shall be in conformance with the attached
landscape plan, set forth in Exhibit G.
4. Minor amendments to the approved Conceptual Development shall be considered at
time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall
clearly note any deviations from the approved Conceptual Development Plan. To be
classified as a minor amendment, the proposed changes shall not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans
Where the proposed changes do not meet the criteria of a minor amendment, a
formal amendment of the Planned Development District, including Public Hearings
conducted by the Planning & Zoning Commission and Town Council shall be
required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists
or may be amended.
A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on
Exhibit D with the exception of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
2
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
A.4 Regulations
1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper
trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be
provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a
minimum thirty (30) lineal feet.
2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch
Caliper tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings
shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting)
per a minimum thirty (30) lineal feet.
3. Richland Blvd. – Tree plantings shall be provided at a minimum rate of a four (4) inch
caliper tree 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
Richland Boulevard in areas which are not encumbered by the gas line easement.
4. Parking abutting perimeter landscape areas shall be screened from the adjacent
roadway by 3’ minimum tall shrubs and 3’ minimum tall berms.
5. Loading Areas – Where loading areas are adjacent to Richland Boulevard evergreen
trees with a minimum height of ten (10) feet shall be provided at a minimum rate of
one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the
loading areas.
6. Utility Power Lines: New utility distribution and service lines for individual business
establishments, buildings, signs and for any other site development features shall be
placed underground. Existing overhead facilities may remain overhead.
7. All required trees that conflict with the existing 50’ gas easement must be located in
an alternate location outside of the 50’ gas easement on the subject property for the
parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a
manner to meet Town’s landscape requirements.
8. All above ground detention ponds shall be treated as open space amenities and
landscaped as such. These ponds shall be placed in a manner as to be designed
and constructed to maintain a constant normal pool elevation. The Town’s
engineering department shall review and confirm any design constraints that would
preclude the pond from maintaining a constant pool elevation.
3
Tract B, C, & D Retail District
B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail
District, as it exists or may be amended.
B.2 Development Plans
1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or
Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for
each Tract, and receive a recommendation from the Planning & Zoning Commission
and be approved by the Town Council.
A Conceptual Development Plan shall be prepared and contain the same information
as required for “Exhibits D and F” associated with the application for a Planned
Development District. The required information of Exhibits D and F associated with a
Planned Development District are denoted in the Town’s Development Manual as it
exists or may be amended.
This Conceptual Development Plan shall be required for the general area within
which development is to occur. This general area shall be bounded by
thoroughfares, ownership lines, creekways or other physical barriers that define a
geographic boundary that separates the area of interest from other parcels.
Minor amendments to the approved Conceptual Development shall be considered at
time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall
clearly note any deviations from the approved Conceptual Development Plan. To be
classified as a minor amendment, the proposed changes shall not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans
Where the proposed changes do not meet the criteria of a minor amendment, a
formal amendment of the Planned Development District, including Public Hearings
conducted by the Planning & Zoning Commission and Town Council shall be
required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists
or may be amended.
B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception
of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
4
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
B.4 Regulations
1. US 380 – On Tracts B, C, & D tree plantings shall be provided at minimum rate of a
four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet.
Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the
time of planting) per a minimum thirty (30) lineal feet.
2. Richland Blvd. – On Tracts B, C, & D tree plantings shall be provided at a minimum
rate of a four (4) inch caliper tree 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 Richland Boulevard in areas which are not encumbered by the gas line
easement.
3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five
(25) in width. Tree plantings shall be provided at a minimum rate of a four (4) inch
caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal
rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30)
lineal feet.
4. Parking abutting perimeter landscape areas shall be screened from the adjacent
roadway by 3’ minimum tall shrubs and 3’ minimum tall berms.
5. Loading Areas – Where loading areas are adjacent to Richland Boulevard and the
east property line, evergreen trees with a minimum height of ten (10) feet shall be
provided at a minimum rate of one (1) tree per twenty (20) linear feet within the
landscape buffer adjacent to the loading areas.
6. Utility Power Lines: New utility distribution and service lines for individual business
establishments, buildings, signs and for any other site development features shall be
placed underground. Existing overhead facilities may remain overhead.
7. All required trees that conflict with the existing 50’ gas easement must be located in
an alternate location outside of the 50’ gas easement on the subject property for the
parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a
manner to meet Town’s landscape requirements.
8. All above ground detention ponds shall be treated as open space amenities and
landscaped as such. These ponds shall be placed in a manner as to be designed
and constructed to maintain a constant normal pool elevation. The Town’s
engineering department shall review and confirm any design constraints that would
preclude the pond from maintaining a constant pool elevation.
EXHIBIT ‘E’
PROJECTED DEVELOPMENT SCHEDULE
PROSPER CROSSING
June 12, 2015
TRACT A:
Phase 1 (CVS Pharmacy)
a. Construction Start 02/01/16
b. Construction Completion 07/16/16
c. Store Opening 08/07/16
Phase 2 (Anchored Shopping Center
a. Construction Start TBD
b. Construction Completion TBD
c. Store Opening TBD
TRACTS B, C, & D
a. Construction Start TBD
b. Construction Completion TBD
c. Store Opening TBD
NEC U.S. HWY 380 & COIT ROAD
PROSPER, TEXAS
DOESKIN
KO-KO BROWN
AUTUMN
L-1
LANDSCAPE
PLAN
EXHIBIT G
Z15-0008
L-2
LANDSCAPE
PLAN
EXHIBIT G
Z15-0008
L-3
PLANTING
DETAILS
EXHIBIT G
Z15-0008
May 29, 2015
Cothran Malibu LP
19422 Sierra Linda Rd.
Irvine, CA 92603
Reliable Tep Partners LLC
2504 Loftsmoor Lane
Plano, TX 75025
First Baptist Church of Prosper
601 S. Church St
Prosper, TX 75078
RE: Notice of Property Rezoning
Planned Development-38
Approximately 83.6 acres
I.C. Williamson Survey, Abstract 948
North of US 380; east of Coit Rd; south of Richland Blvd, Prosper TX
Case Z15-0008
The Town of Prosper has received a formal application to rezone Planned Development-38
(PD-38) as referenced above. PD-38 (enclosed as Attachment 1) was approved by the Town
Council in 2007 in response to a request by Alberta Development Partners to create a unified
retail center on the 83.6-acre tract of land. The PD requires development to be conformance
with the adopted plan and architectural standards.
Over the past several years, the single tract has been sold by metes and bounds to various
owners. The owner of the western-most tract desires to deviate from the development plan as
established by the PD and desires to develop a CVS Pharmacy at the NEC of US 380 and Coit
Road. This action in combination with the split of the parent tract necessitates the amendment
of the entire area of PD-38. Without formally amending the PD, development of any portion of
the 83.6-acre site will not be permitted.
Attachment 2 denotes the applicant’s draft graphic proposal for development of the western
tract, labeled as Tract A. The three remaining tracts have been labeled as Tract B for zoning
purposes by staff.
Without the benefit of a master development plan as approved in the original PD-38, staff has
drafted some basic development standards to accommodate future requests to develop these
tracts. As recommended by staff, the tracts shall be developed in accordance with the Retail
District of the Town’s Zoning Ordinance, with the exception of certain prohibited uses. Please
refer to Attachment 3, titled as “Exhibit C – Planned Development Standards” which will be
incorporated in the amended PD-38. W e have also included an excerpt from the Town’s
Zoning Ordinance depicting the permitted uses of the Retail District (Attachment 4).
Development Services P.O. Box 307 409 E. First St.
Prosper, TX 75078
Phone: 972-346-3502
Page 2
Notice of Property Rezoning
Planned Development-38
Z15-0008
May 29, 2015
This application will be scheduled for a future Planning & Zoning Commission Public Hearing.
The earliest date for the Public Hearing could be June 16th, but official notice of the exact date
will be mailed to all property owners ten (10) days before the meeting.
Alex Glushko, Senior Planner, or I are available to meet with you at your convenience to
address any concerns or answer questions. Alex can be contacted at 972-569-1093 or via
email at alex_glushko@prospertx.gov. I can be reached at 972-569-1090 or via email at
john_webb@prospertx.gov.
Sincerely,
J. S. Webb
John S. Webb, AICP
Director of Development Services
Cc: Alex Glushko, Senior Planner
Page 1 of 4
To: Planning & Zoning Commission
From: Alex Glushko, AICP, Senior Planner
Through: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – June 16, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 12.3± acres, from
Commercial (C) to Planned Development-Retail (PD-R), located on the west side of Custer
Road, 200± feet north of US 380. (Z15-0009).
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 Commercial Undeveloped US 380 District
North
Commercial Prosper Plaza US 380 District
East
City of McKinney City of McKinney City of McKinney
South City of McKinney City of McKinney City of McKinney
West
Commercial Undeveloped US 380 District
Requested Zoning – Z15-0003 is a request to rezone 12.3± acres, from Commercial (C) to
Planned Development-Retail (PD-R), located on the west side of Custer Road, 200± feet north
of US 380. The purpose of this request is to allow for the development of a big box retail
building (Lowe’s) with outdoor display, sales, and storage on Tract A, and a retail building on
Tract B.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 4
Development of the property is proposed in accordance with Exhibit C (development standards),
Exhibit D (conceptual development plan), Exhibit F (conceptual architectural elevations), and
Exhibit G (conceptual landscape plans), and in accordance with the Retail (R) District, with the
exception of the standards which vary from the Town’s requirements, as listed below.
The business model for home improvement stores requires significant areas devoted to the
outdoor display of goods and landscape material for sale. In addition, the site needs to
accommodate the outdoor storage of overstock material not for immediate sale (see attached
pictures of examples). At this site, in addition to outdoor display in front of the building, Lowe’s
is requesting areas for display and storage between the building and Custer Road and within
the parking lot near Custer Road. As noted in paragraphs 5 and 6 below, staff and the Lowe’s
representatives worked on a buffering and screening plan to accommodate their request while
protecting the public view corridor along Custer Road.
1. Uses – The proposed PD limits the permitted uses in the Retail District, as outlined in Exhibit C,
Section A.3
2. Façade Plan – Staff and the applicant worked to develop a façade plan that would yield a unique
image while respecting the basic architectural needs of a big box building. To “break-up” the long
wall of the front façade, a variety of offsets, elements and materials including “barn door”
features, brick, stone, stucco, hardy board and a metal canopy were utilized. 84% of the front
façade will be masonry.
3. Landscaping, Berming, and Screening – The proposed PD includes requirements for additional
landscaping, berming, and screening along Custer Road in order to screen the view of the
garden center and the outdoor sales, display, and storage areas. While the proposed
landscaping exceeds the Town’s minimum requirements and provides for adequate screening,
there are existing utility easements located along Custer Road, which have the potential of
compromising the landscaping in the future. However, the applicant has sent letters to the two
primary easement holders (North Texas Municipal Water District (NTMWD) and CoServ Electric)
seeking some level of assurance that the proposed landscaping is will not be removed in the
future. NTMWD did respond and indicate that the landscaping is acceptable, but did not provide
any assurance that the landscaping would not be removed and/or replaced in the future. The
applicant has not received a response from CoServ Electric. The letters have been attached for
reference.
4. Parking – The proposed parking requirement for a retail use is one space per 250 square feet,
which would result in 556 parking spaces. The applicant is proposing to provide parking for the
big box at a ratio of one space per 400 square feet, which would result in 355 parking spaces.
Staff has analyzed this request by comparing it to similar uses within nearby municipalities and
considered the usage during peak hours, and considers this to be a reasonable parking ratio,
which will not result in an over paved, underutilized impervious surface. Staff supports this
provision.
5. Outdoor Sales and Display – The Zoning Ordinance does not currently allow for outdoor sales
and display. The proposed PD limits outdoor sales and display to the east and south sides of the
big box, and in a parking row southeast of the big box, in specific, designate locations. Outdoor
sales and display is a critical element of the operations and functions of the proposed big box
user, and the applicant has deemed this a necessity component of the use. Staff supports this
provision.
Page 3 of 4
6. Open Storage – In conjunction with the aforementioned outdoor sales and display areas located
to the east of the big box, and in the parking row southeast of the big box, open storage is
permitted in conjunction with the outdoor sales and display. Open storage is another critical
element of the operations and functions of the proposed big box user, and the applicant has
deemed this as another necessity component of the use. To mitigate concerns over the visual
impact of the open storage on the east side of the property and near the public roadway, the
applicant has adequately screened the outdoor sales, storage, and display with a landscape
screening and berms. Staff supports the open storage in conjunction with the outdoor sales and
display.
On the north side of the big box, there are two areas designated for open storage, and the
applicant is proposing not to screen these areas in accordance with the minimum requirements of
the Zoning Ordinance. In the future, the northern most drive along Custer Road will serve as an
access point to future development to the west of the big box; although located in the rear of the
building, staff recommends some level of screening should be provided for the open storage to
mitigate the visual impact of open storage of stacked and stored materials associated with a
home improvement facility, out in the open along the access drive.
7. Foundation Plantings – The Zoning Ordinance requires foundation plantings along the front of a
big box building, including one large tree per every ten thousand square feet, located within thirty
feet of the building. The proposed big box would require fourteen trees along the front of the
building. The intent of this provision is to break up the wall spans and soften the appearance of
big box buildings. The applicant has stated that due to soil testing reports recommending against
foundation plantings that the provision not be required for this development. Staff recommends
the applicant provide foundation plantings, or an alternate form of foundation plantings (i.e. above
ground planters) to meet the minimum requirements and intent of the Zoning Ordinance.
8. Parking Islands – The Zoning Ordinance requires landscape islands, including islands required in
conjunction with parking rows, to be covered with living plant material. The requirements allow
for decomposed granite surfacing, but need to be supplemented with associated ground
covering, grasses, shrubs, boulders, etc. The applicant is proposing to utilize decomposed
granite, but without any of the associated ground cover, grasses, shrubs, boulders, etc. Town
staff recommends these elements be incorporated into the PD standards.
9. Cart Corrals – The proposed PD requires ornamental metal cart corrals. Staff supports this
provision.
10. Drive-Through Landscape Island – The Zoning Ordinance requires a ten-foot landscape island
for drive-through uses. On Tract B, the applicant is proposing a nine-foot wide island due to site
constraints. Staff feels this satisfies the intent of the ordinance and supports this provision.
11. Dumpster Enclosure – The Zoning Ordinance prohibits dumpster enclosures from directly facing
public streets. On Tract B, the applicant is proposing to orient the dumpster enclosure directly
toward Custer Road; however, the enclosure is setback more than 300 feet from the roadway
and will be screened with adequate screening along Custer Road. Staff supports this provision.
Staff has requested that the applicant provide for an alternative type of surfacing (i.e. stained
concrete) for the loading area in front of the big box, as opposed to painted striping which is
subject to chipping and weathering. The applicant did not include this requirement into the
request. Staff recommends the applicant provide alternative type of surfacing for the loading
area.
Page 4 of 4
Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the
property.
Thoroughfare Plan – The property is adjacent to US 380, a major thoroughfare, and Custer
Road which ultimately will be a six-lane major thoroughfare. The zoning exhibit complies with
the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended
to the property.
Access – Access to the property will be provided from US 380 and Custer Road.
Schools – This property is served by the Prosper Independent School District (PISD). It is not
anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has received one Public Hearing Notice Reply form; not in opposition to the request.
Attached Documents:
1. Zoning map of the surrounding area
2. Proposed Exhibits A, B, C, D, E, F, and G
3. Easement holder letters
4. Public Hearing Notice Reply form
5. Pictures of Outdoor Display and Storage at other Home Improvement Stores
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve the request to rezone
12.3± acres, from Commercial (C) to Planned Development-Retail (PD-R), located on the west
side of Custer Road, 200± feet north of US 380, subject to:
1. Revising the PD to require screening for open storage on the north side of the big box.
2. Revising the PD to require foundation plantings or an alternate form of foundation planting in front
of the big box.
3. Revising the PD to require the parking row islands provide ground cover, grasses, shrubs,
boulders, etc in conjunction with decomposed granite.
4. Revising the PD to require alternative type of surfacing (i.e. stained concrete) for the loading area
in front of the big box.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, in accordance with the Town’s
Development Schedule, a public hearing for this item would be scheduled for the Town Council
at their Regular meeting on July 14, 2015.
CR854CR 853
N CUSTER RDCUSTER RDW U N I V E R S I T Y D R
E UNIV E RS IT Y DR
CPD-25
MPD-25
SFPD-25
C
Z15-0009
±0 150 300
Feet
1 inch = 300 feet
-Exhibit B-
Statement of Intent & Purpose
The Applicant intends to develop a home improvement store along with a garden center. A
Kohl’s Department Store was originally planned on the property along with a 25,000 sf retail
development. Most of the existing infrastructure has been constructed. The proposed home
improvement building is currently planned to be approximately 112,000 square feet along with a
28,000 square feet garden center. In addition to the home improvement store, the plan is to
develop a 1.33 acre outparcel in the existing parking lot. The outparcel building is currently
planned to be restaurant and retail with approximately 8,500 square feet.
1
1196660.3
-Exhibit C-
Planned Development Standards
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance:
Except as otherwise set forth in these Development Standards, the regulations of the Town’s
Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
Tract A Retail District
A.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it
exists or may be amended.
A.2 Development Plans
1. Concept Plan: Development shall be in conformance with the attached concept plan,
set forth in Exhibit D.
2. Elevations: Development shall be in conformance with the attached elevations, set
forth in Exhibit F.
3. Landscape Plan: Development shall be in conformance with the attached landscape
plan, set forth in Exhibit G.
A.3 Uses. Uses shall be permitted in accordance with the Retail District. A big box retail
building including a home improvement store with a garden center is a permitted use.
The following uses shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
A.4 Regulations
1. Custer Road
a. 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.
b. Shrub plantings shall be provided at a minimum rate of 25 shrub plantings per thirty
(30) lineal feet which shall be a minimum of five (5) gallon shrubs (at the time of
planting).
c. Primary screening within the landscape buffer shall be provided by Eastern Red
Cedars, or a similar species as approved by the Town’s Landscape Architecture,
spaced on six-foot centers, a minimum 6 feet in height at the time of planting full
to the ground, to screen the outdoor sales, storage and display areas.
2
1196660.3
d. A continuous split-rail fence shall be provided.
e. A berm of a minimum height of three (3) feet shall be provided within the landscape
buffer to provide additional screening of the outdoor sales, storage and display
areas.
f. Trees may be grouped or clustered together to provide additional screening as an
alternative to planting all at a specific distance between trees.
2. All landscaping and the perimeter berm along Custer Road shall be installed prior to
the issuance of a certificate of occupancy (CO) for the home improvement store.
3. Parking: Retail parking shall be 1 space per 400 square feet, inclusive of the garden
center.
4. Outdoor sales, display and storage: Shall be permitted but limited to a big box and
subject to the following conditions:
a. Shall be located in the locations identified on Exhibit D.
b. Shall not block or impair sidewalks, ADA access, doorways or fire lanes.
5. Foundation landscape requirements of the Zoning Ordinance shall not apply.
6. Cart corrals shall be ornamental metal fence.
7. Lots shall have a frontage onto a public street or a common public access drive. The
common public access drives shall be dedicated as a public access, fire lane and utility
easement.
8. Screening wall requirements of the Zoning Ordinance for loading and service areas
shall not apply.
9. Open storage screening requirements of the Zoning Ordinance shall not apply to open
storage on north side of the building.
10. Interior landscaped island requirements of the Zoning Ordinance (no more than fifteen
parking spaces permitted in a continuous row without being interrupted by a
landscaped island) shall not apply to parking area on east side of the building in
conjunction with outdoor sales, storage and display area.
11. Vegetative landscape requirements for interior parking row islands of the Zoning
Ordinance shall not apply.
Tract B Retail District
B.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it
exists or may be amended.
B.2 Development Plans
1. Concept Plan: Development shall be in conformance with the attached concept plan,
set forth in Exhibit D.
3
1196660.3
B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception
of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
B.4 Regulations
1. A drive-through landscape island shall be a minimum of nine feet wide.
2. 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 along Custer Road.
3. Dumpster gates facing right-of-way requirements of the Zoning Ordinance shall be
permitted with landscape screening primarily by Eastern Red Cedars, or a similar
species as approved by the Town’s Landscape Architecture, spaced on six-foot
centers, a minimum 6 feet in height at the time of planting full to the ground.
PROJECTLOCATIONTOWN OFPROSPERCITY OFMCKINNEY CITY SITE PLAN NOTES GENERAL NOTESLOT NUMBERTRACT APROPOSED ZONINGPD - RETAILLOT AREA (AC)11.01BUILDING AREA (SF)111,234BUILDING HEIGHT (FT)38'LOT COVERAGE28.97%FLOOR AREA RATIO29TOTAL PARKING REQUIRED348TOTAL PARKING PROVIDED355HC PARKING REQUIRED8HC PARKING PROVIDED9INTERIOR LANDSCAPING PROVIDED (SF)8,549OPEN SPACE PROVIDED (SF)76,031TOTAL LANDSCAPING AREA (SF)84,580EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS11.01TOTAL NET11.01FUTURE LAND USE PLAN DESIGNATIONUS 380 DISTRICTDRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTIONPRE-BID SETREVISIONSPOST BID SETISSUE DATEISSUE DATEDATER
R
LOWE'S OF:
PROSPER, TEXAS
DMKTDG14-1500-05
PROSPER CITY OFMCKINNEYCITY OFMCKINNEYEXHIBIT D1 - LOWE'S
SITE PLAN GARDEN CENTER AREA (SF)27,720TOTAL BUILDING AREA (SF)138,954BUILDING WITH GARDEN 1:400IMPERVIOUS SURFACE AREA (SF)395,016LOT NUMBERTRACT BPROPOSED ZONINGPD - RETAILLOT AREA (AC)1.33RESTAURANT AREA (SF)4,500BUILDING HEIGHT (FT)30'LOT COVERAGE14.67%FLOOR AREA RATIO15TOTAL PARKING REQUIRED61TOTAL PARKING PROVIDED63HC PARKING REQUIRED3HC PARKING PROVIDED3INTERIOR LANDSCAPING PROVIDED (SF)2,366OPEN SPACE PROVIDED (SF)7,913TOTAL LANDSCAPING AREA (SF)10,279EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS1.33TOTAL NET1.33FUTURE LAND USE PLAN DESIGNATIONRETAIL AREA (SF)4,000TOTAL BUILDING AREA (SF)8,500RESTAURANT PARKING RATIO1:100RETAIL PARKING RATIO1:250IMPERVIOUS SURFACE AREA (SF)47,656PROPOSED LOWE'SPROPOSED OUTLOT LOWE'S HOME CENTERS, LLC1605 CURTIS BRIDGE ROADWILKESBORO, NC 28697(336) 658-4000ROSEBRIAR HOLDINGS, INC.P.O.BOX 541208DALLAS, TX 75354(214) 902-2287CROSSPOINT ENGINEERING, LLC5620 OLD BULLARD ROAD, SUITE 130TYLER, TX 75703(903) 705-4416PROSPER PLAZAJEREMIAH HORN SURVEYABSTRACT NO. 411EXHIBIT D1Z15-0009US 380 DISTRICTEXISTING ZONINGC - COMMERCIALEXISTING ZONINGC - COMMERCIAL0601201801" = 60'30LEGENDFIRE LANE PER PLATOUTDOOR SALES, STORAGE AND DISPLAY AREA ENHANCED LANDSCAPE SCREENING FORGARDEN CENTER, LOADING DOCK ANDOUTDOOR REAR STAGING AREALOWE'S CART CORRALOUTDOOR SALES AND DISPLAY AREA CENTER PARKING RATIOWHEEL STOPD1BUY ON-LINE PICK-UP IN STOREBOPUISTOTAL PARKING PROVIDED INCLUDINGOUTDOOR SALES AND STORAGE AREA400
PROJECTLOCATIONCITY OFPROSPERCITY OFMCKINNEY01002003001" = 100'50LEGENDFIRE LANE PER PLATDRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTIONPRE-BID SETREVISIONSPOST BID SETISSUE DATEISSUE DATEDATER
R
LOWE'S OF:
PROSPER, TEXAS
DMKTDG14-1500-05
PROSPER CITY OFMCKINNEYCITY OFMCKINNEYEXHIBIT D2 - OVERALL
SITE PLAN LOWE'S HOME CENTERS, LLC1605 CURTIS BRIDGE ROADWILKESBORO, NC 28697(336) 658-4000ROSEBRIAR HOLDINGS, INC.P.O.BOX 541208DALLAS, TX 75354(214) 902-2287CROSSPOINT ENGINEERING, LLC5620 OLD BULLARD ROAD, SUITE 130TYLER, TX 75703(903) 705-4416PROSPER PLAZAJEREMIAH HORN SURVEYABSTRACT NO. 411EXHIBIT D2Z15-0009 CITY SITE PLAN NOTES GENERAL NOTESLOT NUMBERTRACT APROPOSED ZONINGPD - RETAILLOT AREA (AC)11.01BUILDING AREA (SF)111,234BUILDING HEIGHT (FT)30'LOT COVERAGE28.97%FLOOR AREA RATIO29EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS11.01TOTAL NET11.01FUTURE LAND USE PLAN DESIGNATIONUS 380 DISTRICTGARDEN CENTER AREA (SF)27,720TOTAL BUILDING AREA (SF)138,954LOT NUMBERTRACT BPROPOSED ZONINGPD - RETAILLOT AREA (AC)1.33RESTAURANT AREA (SF)4,500BUILDING HEIGHT (FT)30'LOT COVERAGE14.67%FLOOR AREA RATIO15TOTAL PARKING REQUIRED61TOTAL PARKING PROVIDED63HC PARKING REQUIRED3HC PARKING PROVIDED3INTERIOR LANDSCAPING PROVIDED (SF)OPEN SPACE PROVIDED (SF)TOTAL LANDSCAPING AREA (SF)EXISTING ZONINGC - COMMERCIALPROPOSED ZONINGPLANNED DEVELOPMENT RETAILTOTAL GROSS1.33TOTAL NET1.33FUTURE LAND USE PLAN DESIGNATIONRETAIL AREA (SF)4,000TOTAL BUILDING AREA (SF)8,500RESTAURANT PARKING RATIO1:100RETAIL PARKING RATIO1:250IMPERVIOUS SURFACE AREA (SF)PROPOSED LOWE'SPROPOSED OUTLOT US 380 DISTRICTEXISTING ZONINGC - COMMERCIALEXISTING ZONINGC - COMMERCIALD22,3667,91310,27947,656TOTAL PARKING REQUIRED348TOTAL PARKING PROVIDED355HC PARKING REQUIRED8HC PARKING PROVIDED9INTERIOR LANDSCAPING PROVIDED (SF)8,549OPEN SPACE PROVIDED (SF)76,031TOTAL LANDSCAPING AREA (SF)84,580BUILDING WITH GARDEN 1:400IMPERVIOUS SURFACE AREA (SF)395,016CENTER PARKING RATIOTOTAL PARKING PROVIDED INCLUDINGOUTDOOR SALES AND STORAGE AREA400
-Exhibit E-
Development Schedule
The development of this project is dependent upon market conditions. Currently the project is
expected to be completed by the end of 2017.
BUFFALO SOLID SOD
OR HYDROMULCH, TYP.
EXISTING TREE
TO REMAIN, TYP.
1
CM
EXISTING SHRUBS
TO REMAIN, TYP.10'-4"12'-2"
4
CP
10
LO
17
GM
33
SY
49
ERC
33
RY
60
WM
61
TS
44
BAR
50
DFG
52
AS
42
FA
35
TL
125
GL
11
AB
85
MG
32
LOR
18'-6"
18'-11"
6
MS
DRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTION
PRE-BID SET
REVISIONS
POST BID SET
ISSUE DATEISSUE DATE
DATE
RRLOWE'S OF:PROSPER, TEXASAWRAWR14-1500-05PROSPERSTA
TE O F T E XAS572 4AMANARIC
H
DW .ARDSON3.12.15
a W R AWR Designs, LLC
10321 Bradshaw Drive
Fort Worth, Texas 76108
awr.designs@mail.com
o. 682.708.8048
c. 512.517.5589
Know what's
R
GRAPHIC SCALE
FEET06030
Scale 1"=30' - 0"
MATCHLINE: REF. 1/L2.02
L2.01LANDSCAPE PLANGENERAL LAWN NOTES
EROSION CONTROL AND SOIL PREPARATION:
THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING TOP SOIL AT THE
CORRECT GRADES. CONTRACTOR TO FINE GRADE AREAS TO REACH FINAL
CONTOURS AS SPECIFIED PER CIVIL PLANS. ALL CONTOURS SHOULD ACHIEVE
POSITIVE DRAINAGE AWAY FROM BUILDINGS AND STRUCTURES. WATER SHOULD
NOT BE ABLE TO POOL IN ANY AREAS UNLESS SPECIFIED OTHERWISE. EROSION
FABRIC SUCH AS JUTE MATTING OR OPEN WEAVE TO BE USED WHERE
NECESSARY TO PREVENT SOIL EROSION.
ANY LOSS OF TOPSOIL OR GRASS DUE TO EROSION IS THE RESPONSIBILITY OF
THE CONTRACTOR UNTIL IT IS 100% ESTABLISHED.
CONTRACTOR TO REMOVE ANY ROCKS 3/4" AND LARGER, STICKS AND DEBRIS
PRIOR TO INSTALLATION OF TOPSOIL AND SOD.
FOUR (4") OF TOPSOIL SHALL BE APPLIED TO AREAS DISTURBED BY
CONSTRUCTION RECEIVING SOD. IF TOPSOIL IS NOT AVAILABLE ON SITE, THE
CONTRACTOR SHALL PROVIDE TOPSOIL AS APPROVED BY THE OWNER OR
OWNERS REPRESENTATIVE.
TOPSOIL SHALL BE FRIABLE, NATURAL LOAM, FREE OF ROCKS, WEEDS, BRUSH,
CLAY LUMPS, ROOTS, TWIGS, LITTER AND ENVIRONMENTAL CONTAMINANTS.
CONTRACTOR SHALL BE RESPONSIBLE FOR SOD UNTIL ACCEPTANCE. THIS
SHALL INCLUDE, BUT NOT BE LIMITED TO: MOWING, WATERING, WEEDING,
CULTIVATING, CLEANING AND REPLACING DEAD OR BARE AREAS TO KEEP
PLANTS IN A VIGOROUS, HEALTHY CONDITION. SOD SHALL BE REPLACED IF
NECESSARY.
SOLID SOD:
SOLID SOD SHALL BE PLACED ALONG ALL IMPERVIOUS EDGES, AT A MINIMUM.
THIS SHALL INCLUDE CURBS, WALKS, INLETS, MANHOLES AND PLANTING BED
AREAS. SOD SHALL COVER OTHER AREAS COMPLETELY AS INDICATED BY PLAN.
SOD SHALL BE STRONGLY ROOTED DROUGHT RESISTANT SOD, NOT LESS THAN
2 YEARS OLD, FREE OF WEEDS AND UNDESIRABLE NATIVE GRASS AND MACHINE
CUT TO PAD THICKNESS OF 3/4" (+1/4"), EXCLUDING TOP GROWTH AND THATCH.
PROVIDE ONLY SOD CAPABLE OF VIGOROUS GROWTH AND DEVELOPMENT
WHEN PLANTED.
DO NOT INSTALL SOD IF IT IS DORMANT OR GROUND IS FROZEN. LAY SOD WITH
TIGHTLY FITTING JOINTS, NO OVERLAPS WITH STAGGERED STRIPS TO OFFSET
JOINTS.
SOD SHALL BE ROLLED TO CREATE A SMOOTH EVEN SURFACE. SOD SHOULD BE
WATERED THOROUGHLY DURING INSTALLATION PROCESS.
SHOULD INSTALLATION OCCUR BETWEEN OCTOBER 1ST AND MARCH 1ST, SOD
SHALL INCLUDE AN OVER-SEED OF ANNUAL RYE OR WINTER RYEGRASS AT A
RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET FOR A GROWN-IN
APPEARANCE. CONTRACTOR SHALL ENSURE CONFORMANCE TO 115.D OF
TITLE 7, PART XXIX, HORTICULTURE COMMISSION CHAPTER 1.
HYDROMULCH:
SCARIFY SURFACE TO A MINIMUM OF 2" DEPTH PRIOR TO THE IMPORT
TOPSOIL APPLICATION. TOP SOIL SHALL BE PLACED 2" IN DEPTH IN ALL
AREAS TO BE SEEDED. CONTRACTOR TO SUPPLY HIGH QUALITY IMPORTED
TOPSOIL HIGH IN HUMAS AND ORGANIC CONTENT FROM A LOCAL SUPPLY.
IMPORTED TOPSOIL SHALL BE REASONABLY FREE OF CLAY LUMPS, COARSE
SANDS, STONES, ROOTS AND OTHER FOREIGN DEBRIS.
IF INADEQUATE MOISTURE IS PRESENT IN SOIL, APPLY WATER AS
NECESSARY FOR OPTIMUM MOISTURE FOR SEED APPLICATION.
ALL SEED SHALL BE HIGH QUALITY, TREATED LAWN TYPE SEED AND IS FREE
OF NOXIOUS GRASS SEEDS. THE SEED APPLICATION SHALL BE UNIFORMLY
DISTRIBUTED ON THE AREAS INDICATED ON PLANS. HYDROMULCH WITH
BERMUDA GRASS SEED AT A RATE OF TWO POUNDS PER ONE THOUSAND
SQUARE FEET.
IF INSTALLATION OCCURS BETWEEN OCTOBER 1ST AND APRIL 1ST, ALL
HYDORMULCH AREAS SHALL BE OVER-SEEDED WITH ANNUAL RYE GRASS AT
A RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET. CONTRACTOR
TO RE-HYDROMULCH WITH BERMUDA GRASS AT THE END OF THE ANNUAL
RYE GROWING SEASON.
AFTER APPLICATION, NO EQUIPMENT SHALL OPERATE OVER APPLIED AREAS.
WATER SEEDED AREAS IMMEDIATELY AFTER INSTALLATION TO SATURATION.
ALL LAWN AREAS TO BE HYDROMULCHED SHALL ACHIEVE 100% COVERAGE
PRIOR TO FINAL ACCEPTANCE.
LANDSCAPE NOTES
REFERENCE SITEWORK AND SPECIFICATIONS FOR INFORMATION NEEDED FOR
LANDSCAPE WORK.
CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING
STRUCTURES. NOTIFY LANDSCAPE ARCHITECT OR DESIGNATED
REPRESENTATIVE FOR ANY LAYOUT DISCREPANCIES OR ANY CONDITION THAT
WOULD PROHIBIT THE INSTALLATION AS SHOWN.
CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ANY AND ALL UTILITIES
ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECT SHOULD BE
NOTIFIED OF ANY CONFLICTS.
A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES.
LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE
SITE.
ALL PLANTING AREAS SHALL BE GRADED SMOOTH TO ACHIEVE FINAL
CONTOURS AS INDICATED ON PLAN WITH 3" OF TOPSOIL AND 3" OF COMPOST
AND CONSISTENTLY BLENDED TO A DEPTH OF 9". ALL BEDS SHALL BE CROWNED
TO ANTICIPATE SETTLEMENT AND ENSURE PROPER DRAINAGE.
PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. EDGING TO
BE GREEN IN COLOR AND A MINIMUM OF 3/16" THICK. EDGING SHALL BE
STAKED FROM THE INSIDE OF BED. EDGING NOT TO BE MORE THAN 1/2" ABOVE
FINISHED GRADE.
MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND
CURBING.
QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF
PLANTS SHOULD BE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL
TREES AND SHRUBS SHALL BE PLANTED PER DETAILS.
CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND
BURLAP PLANT MATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS
APPROPRIATE TO THE SIZE AND QUALITY INDICATED ON THE PLANT MATERIAL
LIST.
TREES SHALL BE PLANTED AT A MINIMUM OF 5' FROM ANY UTILITY LINE,
SIDEWALK OR CURB. TREES SHALL ALSO BE 10' CLEAR FROM FIRE HYDRANTS.
4" OF SHREDDED HARDWOOD MULCH (2" SETTLED THICKNESS) SHALL BE
PLACED OVER 4.1 OZ WOVEN, WEED BARRIER FABRIC OR APPROVED EQUAL.
WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES
AND SHALL BE DE WITT 'WEED BARRIER' OR APPROVED EQUAL. MULCH SHALL
BE SHREDDED BARK OR RUBBER LANDSCAPE MULCH, PINE STRAW MULCH IS
PROHIBITED.
CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE
RESPONSIBLE FOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITS.
IRRIGATION:
IN THE ABSENCE OF AN IRRIGATION SYSTEM OR AREAS BEYOND THE COVERAGE
LIMITS OF A PERMANENT IRRIGATION SYSTEM, CONTRACTOR SHALL WATER SOD
TEMPORARILY, BY ANY MEANS AVAILABLE, TO DEVELOP ADEQUATE GROWTH.
TURF SHALL BE IN 100% ESTABLISHMENT AT THE TIME OF ACCEPTANCE.
ALL PLANTING BEDS SHALL HAVE AN AUTOMATIC IRRIGATION SYSTEM WITH A
FREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED
CONTROLLER AND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR.
MAINTENANCE REQUIREMENTS:
VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT
MATERIAL IS ESTABLISHING PROPERLY AND REMAINS IN A HEALTHY
GROWING CONDITION APPROPRIATE FOR THE SEASON. IF DAMAGED OR
REMOVED, PLANTS MUST BE REPLACED BY A SIMILAR VARIETY AND SIZE.
MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS
SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR
OWNER'S REPRESENTATIVE ACCEPTS AND ASSUMES REGULAR
MAINTENANCE.
ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH,
DEBRIS, WEEDS AND OTHER MATERIAL.
MISCELLANEOUS MATERIALS:
STEEL EDGING SHALL BE 3/16" X 4 X 16' DARK GREEN DURAEDGE STEEL
LANDSCAPE EDGING.
TOWN OF PROSPER LANDSCAPE GENERAL NOTES
1.PLANT MATERIAL SHALL BE MEASURED AND SIZED ACCORDING TO THE
LATEST EDITION OF THE TEXAS NURSERY AND LANDSCAPE ASSOCIATION
(TNLA) SPECIFICATIONS, GRADES AND STANDARDS.
2. ALL PLANT SUBSTITUTIONS ARE SUBJECT TO TOWN APPROVAL AND MUST BE
SPECIFIED ON THE APPROVED LANDSCAPE PLAN.
3.GROUND COVERS IN LIEU OF TURF GRASS MUST PROVIDE COMPLETE
COVERAGE WITHIN ONE YEAR OF PLANTING AND MAINTAIN ADEQUATE
COVERAGE AS APPROVED BY THE TOWN.
4.TREES MUST BE PLANTED FOUR FEET OR GREATER FROM CURBS,
SIDEWALKS, UTILITY LINES, SCREENING WALLS AND OR OTHER STRUCTURES.
THE TOWN HAS FINAL APPROVAL FOR ALL TREE PLACEMENTS.
5.TREE PITS SHALL HAVE ROUGHENED SIDES AND BE TWO TO THREE TIMES
WIDER THAN THE ROOT BALL OF THE TREE IN ORDER TO FACILITATE HEALTHY
ROOT GROWTH.
6.TREE PITS SHALL BE TESTED FOR WATER PERCOLATION. IF WATER DOES NOT
DRAIN OUT OF PIT WITHIN A 24 HOUR PERIOD, THE CONTRACTOR SHALL
PROVIDE BERMING OR DEVISE ALTERNATIVE DRAINAGE.
7.TREES SHALL NOT BE PLANTED DEEPER THAN THE BASE OF THE TRUNK
FLARE.
8.THE TREE PIT SHALL BE BACKFILLED WITH NATIVE TOPSOIL FREE OF ROCK
AND OTHER DEBRIS.
9.BURLAP, TWINE AND WIRE BASKETS SHALL BE LOOSENED AND PULLED BACK
FROM TRUNK OF TREE AS MUCH AS POSSIBLE.
10.TREES SHALL NOT BE WATERED TO EXCESS THAT RESULTS IN SOIL
SATURATION. IF SOIL BECOMES SATURATED, THE WATERING SCHEDULE
SHALL BE ADJUSTED TO ALLOW FOR DRAINAGE AND ABSORPTION OF THE
EXCESS WATER.
11.A 3-4" LAYER OF MULCH SHALL BE PROVIDED AROUND THE BASE OF THE
PLANTED TREE. THE MULCH SHALL BE PULLED BACK 1-2" FROM THE TRUNK
OF THE TREE.
12.NO PERSON(S) OR ENTITY MAY USE IMPROPER OR MALICIOUS MAINTENANCE
OR PRUNING TECHNIQUES WHICH WOULD LIKELY LEAD TO THE DEATH OF
THE TREE. IMPROPER OR MALICIOUS TECHNIQUES INCLUDE, BUT ARE NOT
LIMITED TO, TOPPING OR OTHER UNSYMMETRICAL TRIMMING OF TREES,
TRIMMING TREES WITH BACKHOE, OR USE OF FIRE OR POISON TO CAUSE
DEATH OF A TREE.
13.TOPSOIL SHALL BE A MINIMUM OF 8" IN DEPTH IN PLANTING AREAS. SOIL
SHALL BE FREE OF STONES, ROOTS AND CLODS AND ANY OTHER FOREIGN
MATERIAL THAT IS NOT BENEFICIAL TO PLANT GROWN.
14.ALL PLANT BEDS SHALL BE TOP-DRESSED WITH A MINIMUM OF 3" OF MULCH.
15.TREES OVERHANGING WALKS AND PARKING SHALL HAVE A MINIMUM CLEAR
TRUNK HEIGHT OF 7'. TREES OVERHANGING PUBLIC STREET PAVEMENT DRIVE
AISLES AND FIRE LANES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF 14'.
16.A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS, WHERE
SHRUBS ARE NOT TO EXCEED 30" IN HEIGHT AND TREES SHALL HAVE A
MINIMUM CLEAR TRUNK HEIGHT OF 9'.
17.TREES PLANTED ON A SLOPE SHALL HAVE THE TREE WELL AT THE AVERAGE
GRADE OF SLOPE.
18.NO SHRUBS SHALL BE PERMITTED WITHIN AREAS LESS THAN 3' IN WIDTH. ALL
BEDS LESS THAN 3' IN WIDTH SHALL BE GRASS, GROUNDCOVER OR SOME
TYPE OF FIXED PAVING.
19.THE OWNER, TENANT, AND/OR THEIR AGENTS, IF ANY, SHALL BE JOINTLY AND
SEVERALLY RESPONSIBLE FOR THE MAINTENANCE, ESTABLISHMENT, AND
PERMANENCE OF PLANT MATERIAL. ALL LANDSCAPING SHALL BE MAINTAINED
IN A NEAT AND ORDERLY MANNER AT ALL TIMES. THIS SHALL INCLUDE, BUT
NOT LIMITED TO MOWING, EDGING, PRUNING, FERTILIZING, WATERING, AND
OTHER ACTIVITIES NECESSARY FOR THE MAINTENANCE OF LANDSCAPED
AREAS.
20.ALL PLANT MATERIALS SHALL BE MAINTAINED IN A HEALTHY AND GROWING
CONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT
MATERIAL THAT IS DAMAGED, DESTROYED OR REMOVED SHALL BE REPLACED
WITH PLANT MATERIAL OF SIMILAR SIZE AND VARIETY WITHIN 30 DAYS UNLESS
OTHERWISE APPROVED BY THE TOWN OF PROSPER.
21.LANDSCAPE AND OPEN AREAS SHALL BE KEPT FREE OF TRASH, LITER AND
WEEDS.
22.AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED TO IRRIGATE ALL
LANDSCAPE AREAS. OVERSPRAY ON STREETS AND WALKS IS PROHIBITED. A
PERMIT FROM THE BUILDING INSPECTION DEPARTMENT IS REQUIRED FOR
EACH IRRIGATION SYSTEM.
23.NO PLANT MATERIAL SHALL BE ALLOWED TO ENCROACH ON THE
RIGHT-OF-WAY, SIDEWALKS, OR EASEMENTS TO THE EXTENT THAT THE
VISION OR ROUTE OF TRAVEL FOR VEHICULAR, PEDESTRIAN OR BICYCLE
TRAFFIC IS IMPEDED.
24.NO PLANTING AREA SHALL EXCEED 3:1 SLOPE. 3' HORIZONTAL TO 1' VERTICAL.
25.EARTHEN BERMS SHALL NOT INCLUDE CONSTRUCTION DEBRIS.
CONTRACTOR MUST CORRECT SLIPPAGE OR DAMAGE TO THE SMOOTH
FINISH GRADE OF THE BERM PRIOR TO ACCEPTANCE.
26.ALL WALKWAYS SHALL MEET A.D.A. AND T.A.S. REQUIREMENTS.
27.CONTACT TOWN OF PROSPER PARKS AND RECREATION DIVISION AT (972)
346-3502 FOR LANDSCAPE INSPECTION. NOTE THAT LANDSCAPE
INSTALLATION MUST COMPLY WITH APROVED LANDSCAPE PLANS PRIOR TO
FINAL ACCEPTANCE BY THE TOWN AND/OR OBTAINING A CERTIFICATE OF
OCCUPANCY.
28.FINAL INSPECTION AND APPROVAL OF SCREENING WALLS, IRRIGATION AND
LANDSCAPE IS SUBJECT TO ALL PUBLIC UTILITIES, INCLUDING BUT NOT
LIMITED TO MANHOLES, VALVES, WATER METERS, CLEANOUTS, AND OTHER
APPURTENANCES, TO BE ACCESSIBLE, ADJUSTED TO GRADE, AND TO THE
TOWN OF PROSPER'S PUBLIC WORKS DEPARTMENT STANDARDS.
29.PRIOR TO CALLING FOR LANDSCAPE INSPECTION, CONTRACTOR IS
RESPONSIBLE FOR MARKING ALL MANHOLES, VALVES, WATER METERS,
CLEANOUTS, AND ALL OTHER UTILITY APPURTENANCES WITH FLAGGING OR
FIELD VERIFICATION BY THE TOWN.
EXISTING CONDITIONS:
CURRENT PLANT MATERIAL HAS BEEN EVALUATED. TREES AND SHRUBS
THAT ARE IN POOR, DECLINING HEALTH OR DECEASED SHALL BE REMOVED
BY THE CONTRACTORS.
IRRIGATION SYSTEM CURRENTLY EXISTS. CONTRACTOR EVALUATE
EXISTING SYSTEM. ADJUST SYSTEM TO ALLOW FOR FULL COVERAGE OF
ALL LANDSCAPE TREES, SHRUBS, BEDS AND SOD/HYDROMULCH WITHIN
PROPERTY LIMITS.
EXHIBIT G
Z15-0009
1
LO
EXISTING CREPE
MYRTLES TO
REMAIN, TYP.
STEEL EDGING TO SEPARATE
DECOMPOSED GRANITE
FROM TURF, TYP.
1
LO
2
LO
1
LE
1
LE
1
LO
1
CM5'-3"18'-2"
70
DFG
9
AB
44
AS
225
GL
26
LOR
30
TL
115
MG
8
CE
15
WM
91
FA
12
SY
26
GM
18
RY
10
MS
16
BAR
33
TS
2
CP
DECOMPOSED
GRANITE OVER WEED
BARRIER FABRIC, TYP.
DECOMPOSED
GRANITE OVER WEED
BARRIER FABRIC, TYP.
26
ERC
1
LO
1
LE
1
LE
EXISTING TREES TO
REMAIN, TYP.
EXISTING TREES TO
REMAIN, TYP.
EXISTING TREES TO
REMAIN, TYP.
DRAWING NUMBER:CHECKED BY:DRAWN BY:PROJECT No:DESCRIPTION
PRE-BID SET
REVISIONS
POST BID SET
ISSUE DATEISSUE DATE
DATE
RRLOWE'S OF:PROSPER, TEXASAWRAWR14-1500-05PROSPERSTA
TE O F T E XAS572 4AMANARIC
H
DW .ARDSON3.12.15
a W R AWR Designs, LLC
10321 Bradshaw Drive
Fort Worth, Texas 76108
awr.designs@mail.com
o. 682.708.8048
c. 512.517.5589
Know what's
R
GRAPHIC SCALE
FEET06030
Scale 1"=30' - 0"
MATCHLINE: REF. L2.01
L2.02LANDSCAPE PLANMATCHLINE: REF. 1/L2.02
MATCHLINE: REF. 2/L2.02
LANDSCAPE PLAN1
1"=30'-0"
LANDSCAPE PLAN2
1"=30'-0"
EXHIBIT G
Z15-0009
J une 2 , 20 15
VIA U.S. MA I L
North Texas Municipa l Water District
Attn : Bob Quin n
505 E. Brown St.
W y lie, TX 75098
Dear Mr. Qui nn:
I 5620 Old Bull ar d Roa d,S uite130 I Tyler,Texas757 03 I 9037054416
cp -eng.com
Refe rence is mad e to that certain Easement for Right-of-Way North T exas Mun icipal Water
Di strict Fr isco/McKi nn ey Water Transm ission Pipe line WCF 01-8 (the "Easemen t Agr eem e n t ")
e xecuted on Ma y 25, 2004 by FF 14th Fairway Limited Patt nersh ip , as "Grantor'', in favor of North
T exas M un ic ipa l Water D ist ri ct ("NTMWD"), as "Grantee", a nd recorded on A ugust 27, 2004 in
Volume 5741, Page 37 of th e Rea l Pro pe1ty Rec ords of Co ll in County , Texas. For yo ur convenience,
a copy of the Easement Agreement is enclosed herewith.
The rea l property su bj ect to the Easement Agreement is here inafter referred to a s the
"Easem ent P r oper ty". Lowe 's Home Centers, LLC ("L owe's) and the current owners of th e
Ease me nt Property (co ll ective ly, t he "Cur rent Ow n ers") have entered into pu rchase and sa le
agreements, dated as of May l , 2015 (co ll ective ly, the "P u rch ase Con tract s"), wherein the Current
Owners have agreed to sell t he Easement Property to Lowe's, subj ect to the terms and condition s of
th e Purc hase Contracts .
I n the event Lowe's p urchases t he Easement Property, Lowe's inte nd s to in sta ll landscaping in
accordance with the standards of t he Town of Prosp e r w hil e planting proposed trees with in the outer
two feet of the easeme nt, as s uch landscaping work is more pa1ticularly depi cted and/o r desc ribed in
the s ite p lan a nd proposal for la nd scap ing improvements e nc losed he rewith (the "Work").
The Easement Agreement express ly permits Lowe's to complete the Work, assumin g Lo we's
purchases the Easement Prope1ty. Spec ifica ll y, t he th ird pa ragraph of the second page of t he Ease ment
Agreement states that Lowe 's, as the s uccessor-i n-in te re st t o the "Grantor" named in the Easem e nt
Agreement, "sh a ll h ave the r igh t f ully t o u se and enjoy t h e [Easem e nt P r o pe r ty,] ... inc lud in g t h e
righ t to lay out a n d construct str ee t s, a lleys, p a rking lots, la nd scaping, fe nces, s ig ns, including
s u b div is ion a nd/or p r oj ect mo nume nt typ e signs constructed on brick m asonry a n d /or stone
stru ctures, and u t ili t ies a l ong and acr oss said [Easem ent Property]".
Although t he Easement Agreem e nt does not require that Lowe's obtain NTMWD 's conse nt in
order to complete th e W o rk, the Town of Prosper has requested that Lowe's prov ide ev idence t hat
NTMWD approves of the Work ; accord ing ly, Lowe's has enclosed here w ith the p la ns and prop osa l
describin g t he Work and , as a professiona l courtesy, he re by req uests th at a n authorized s ig natory of
NTMWD s ign th e Consent included at t he end of t hi s letter, on beha lf of NTMWD, a nd ma il the
original s igne d Co nsent to Lo we's Home Cent ers, LLC at the following address : 1605 C urti s Bridge
R oa d (ECS7 -4), Wi lkesboro , NC 28697, Attenti o n : Matthew Minton, Design E ng ineerin g Director.
If you have quest ions w ith resp ect to the foregoing m atters, please do not he s itate t o contac t
me v ia e -m a i I at darrelk@ cp-eng.com o r v ia te lephone at 9 03-70 5-4416. JUN 0 8 2015
Thank you for your prompt attention to thi s matter.
p ~
Darrel Kotz ur, P.rf/
Cro ss point E ngin eering, LLC
CONSENT
Page 2 of 2
6/3/2015
The unders igned , an authori zed signatory of North Texas Municipal Water Di strict
("NTMWD"), hereby acknowledges that NTMWD ha s reviewed and approved the plans and proposal
describing the landscaping "Wo rk '', as de s cribed in the foregoing letter from Lowe's Horn e Centers,
LLC, and here by consents to th e completion of the Wo rk.
This CONSEN T is executed a s of the date specified bel o w.
NORTH TEXAS MUNICIPAL WATER DISTRICT
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e.~,e;;+&."~ ,~-...\e, f''C"o(->ca-S.ed. fLn<-e ~G'( b~ l«>~~ecil nc c..{o~'<~r ~
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\,~lo~ e1--'~~ q.-.. ·
June 2, 2015
VIA U.S. MAIL
Denton County Electric Cooperative, In c.
(doing business as CoServ E lectric)
7701 South Stemmons
Corinth, TX 76210
Dear Sir or Madam:
I 5620 Old Bu ll ard Road,Suite130 I Tyler,Texas75703 I 9037054416
cp -eng.com
Reference is made to that cettain Electric Line Easement (the "Easement Agreement")
executed on February 9, 2009 by Custer-Prosper, L.P., as "Grantor", in favor of Denton County Electric
Cooperative, Inc. d/b/a CoServ E lectric ("CoServ Electric"), as "Grantee", and recorded in the Real
Property Records of Collin County, Texas on May 4, 2009 as Docume nt No. 20090504000525300.
For your convenience, a copy of the Easement Agreement is enclosed herewith.
The real property subject to the Easement Agreement is hereinafter referred to as the
"Easement Property''. Lowe 's Home Centers, LLC ("Lowe's) and the current owners of the
Easement Prope1ty (collectively, the "Current Owners") have entered into purchase and sale
agreements, dated as of May 1, 2015 (collectively, the "Purchase Contracts"), wherein the Current
Owners have agreed to sell the Easement Propetty to Lowe's, subject to the terms and conditions of
the Purchase Contracts.
In the event Lowe 's purchases the Easement Propetty, Lowe 's intends to install landscaping in
accordance with the standards of the Town of Prosper with in the easement, as such landscap ing work
is more pa1ticularly depicted and/or described in the site plan and proposal for landscaping
improvements enclosed herewith (the "Work").
The Easement Agreement expressly permits Lowe's to complete the Work, assuming Lowe's
purchases the Easement Property. Specifically, the paragraph on the Easement Agreement's second
page under the heading "Structures", states that Lowe's, as the successor-in-interest to the "Grantor"
under the Easement Agreement, "shall be permitted to place within the Easement Property paved
driveways, paved parking areas, paved s idewalks, paved walkways, concrete curbing, irrigation
equipment and landscaping that does not unreasonably restrict or prevent [CoServ Electric]
from utilizing the Easement Property for the stated purpose".
Although the Easement Agreement does not require that Lowe's obtain CoServ Electric's
consent in order to complete the Work, the Town of Prosper has requested that Lowe's provide
evidence that CoServ E lectric approves of the Work; accordingly, Lowe's has enc losed herewith the
plans and proposal describing the Work and, as a professional courtesy, hereby requests that an
authorized signatory of CoServ Electric s ign the Consent included at the end of this letter, on behalf of
CoServ Electric, and mail the original signed Consent to Lowe's Home Centers, LLC at the following
address: 1605 Curtis Bridge Road (ECS7-4), Wilkesboro, NC 28697, Attention: Matthew Minton,
Design Engineering Director.
Page 2 of 2
6/2/2015
Jf you have questions with respect to the foregoing matters, please do not hesitate to contact
me via e-ma il at darrelk@cp-eng.com or via te lephone at 903-705-4416.
Thank you for your prompt attention to this matter.
Darrel Kotzur, j~
Crosspoint Engineering, LLC
CONSENT
The undersigned , an authorized signatory of Denton County Electric Cooperative, Inc. d/bl a
CoServ Electric ("CoServ E lectric"), hereby acknowledges that CoServ Electr ic has reviewed and
approved the p lans and proposal describing the landscaping "Work", as described in the foregoing
Jetter from Lowe's Home Centers, LLC, and hereby consents to the completion of the Work.
This CONSENT is executed as of the date specified below.
DENTON COUNTY ELECTRIC COOPERATIVE, INC .
(dlbla CoServ Electric)
Examples of Outdoor Display of Goods for Sale and Outdoor Storage of
Overstock Material
Page 1 of 1
To: Planning & Zoning Commission
From: Pamela Clark, Planning Technician
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – June 16, 2015
The chart below summarizes the Town Council’s actions from their June 9, 2015 meeting on items
that received recommendations from the Planning & Zoning Commission:
Item
Planning & Zoning
Recommendation
Town Council Action
Conduct a Public Hearing, and
consider and act upon an
ordinance rezoning 9.4± acres,
located 500± feet north of
Prosper Trail, 3,000± feet west
of Dallas Parkway, from
Agricultural (A) to Planned
Development-Single Family-15
(PD-SF-15). (Z14-0016).
Approved 4-1, the Commission
indicated that even though the
entirety of the development did
not meet the minimum
requirement for 15,000 square
foot lots, improvements had
been made to the exhibit in
terms of lot size in addition to
the enhanced development
standards. Commissioner
Snyder indicated the request
did not warrant a deviation from
the Future Land Use Plan.
Approved 7-0, subject to
revising the side yard setback
from 8 feet to 10 feet. (The
amended exhibit depicts all lots
at a minimum of 15,000 square
feet.)
Prosper is a place where everyone matters.
PLANNING