10.20.15 PZ PacketPage 1 of 2
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1. Call to Order / Roll Call.
2. Pledge of Allegiance.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The
Consent Agenda can be acted upon in one motion. A Planning & Zoning Commissioner may remove any item for
discussion and separate action. Planning & Zoning Commissioners may vote nay on any single item without
comment and may submit written comments as part of the official record.)
3a. Consider and act upon minutes from the October 6, 2015, Regular Planning & Zoning
Commission meeting.
3b. Consider and act upon a Final Plat of Lakes of La Cima, Phase 7C, being 88 single
family residential lots, on 39.3± acres, located on the southwest corner of First Street
and Hidden Lake Drive. The property is zoned Planned Development-6 (PD-6). (D15-
0071).
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.)
4. Conduct a Public Hearing and consider and act upon a request to amend Chapter 2,
Zoning Districts, and Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance
regarding the list of Permitted Uses, the Use Chart, Conditional Development Standards
and Definitions. (Z15-0007).
5. Conduct an annual review of the Town’s Comprehensive Plan.
6. Planning & Zoning Commission member orientation.
7. Review actions taken by the Town Council and possibly direct Town Staff to schedule
topic(s) for discussion at a future meeting.
8. Adjourn.
Note: The order in which items are heard on the agenda is subject to change.
AGENDA
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, October 20, 2015, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
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 October 16, 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.
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1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
Commissioners present: David Snyder, John Hema, John Alzner, Brandon Daniel, Craig Andres,
Tripp Davenport, and Chad Robertson
Staff present: John Webb, Director of Development Services; Alex Glushko, Senior Planner;
Jonathan Hubbard, Planner; and Pamela Clark, Planning Technician
2. Recitation of the Pledge of Allegiance.
3. Recognition of new members and consider and act upon the appointment of the
Planning & Zoning Commission Chair, Vice Chair and Secretary.
David Snyder recognized the appointments of Craig Andres, Tripp Davenport, and Chad
Robertson as new members and the reappointment of Brandon Daniel. He also noted his
appreciation to former members Craig Moody, Chris Keith and Brian Barnes for their service on
the Commission.
Motioned by Hema, seconded by Davenport, to appoint John Alzner as the Chair. Motion
approved 7-0.
Motioned by Snyder, seconded by Davenport, to appoint John Hema as Vice Chair. Motion
approved 7-0.
Motioned by Daniel, seconded by Davenport, to appoint David Snyder as the Secretary. Motion
approved 7-0.
CONSENT AGENDA
4a. Consider and act upon minutes from the September 1, 2015, Regular Planning &
Zoning Commission meeting.
4b. Consider and act upon a Final Plat of Frontier Estates, Phase 2, being 95 single
family residential lots, on 40.2± acres, located on the south side of Frontier Parkway,
1,000± feet east of Preston Road. The property is zoned Planned Development-15
(PD-15). (D15-0068).
4c. Consider and act upon a Final Plat of Prosper Lake on Preston, Phase 2, being 96
single family residential lots, on 45.0± acres, located 900± feet north of Prosper
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
108 W. Broadway St., Prosper, Texas
Town of Prosper Municipal Chambers
Tuesday, October 6, 2015, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
Trail, 1,000± feet east of Preston Road. The property is zoned Single Family-15 (SF-
15). (D15-0069).
Motioned by Davenport, seconded by Snyder, to approve the Consent Agenda subject to staff
recommendations. Motion approved 7-0.
REGULAR AGENDA
5. Planning & Zoning Commission member orientation.
Webb: Informed Commissioners that the Town Attorney was unable to attend the meeting due to
a scheduling conflict, and the orientation will be rescheduled for the October 20, 2015 meeting.
6. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Webb: Informed the Commissioners of the recent action taken by the Council regarding the
residential development standards and that the Annual Review of the Comprehensive Plan and
the proposed amendments regarding permitted uses in the Zoning Ordinance amendments would
be presented at the October 20th meeting. He also indicated that staff would like to take the
Commission on a tour of area developments prior to the November 3rd meeting. He noted that
he will confirm with the Commissioners regarding their availability.
7. Adjourn.
Motioned by Davenport, seconded by Hema, to adjourn at 6:16 p.m. Motion approved 7-0.
______________________________ _________________________
Pamela Clark, Planning Technician David Snyder, Secretary
Page 1 of 1
To: Planning & Zoning Commission
From: Jonathan Hubbard, Planner
Through: Alex Glushko, AICP, Senior Planner
Re: Planning & Zoning Commission Meeting – October 20, 2015
Agenda Item:
Consider and act upon a Final Plat of Lakes of La Cima, Phase 7C, being 88 single family
residential lots, on 39.3± acres, located on the southwest corner of First Street and Hidden Lake
Drive. The property is zoned Planned Development-6 (PD-6). (D15-0071).
Description of Agenda Item:
The Final Plat shows 88 single family residential lots. Access will be provided from Hidden Lake
Drive. The Final Plat conforms to the Planned Development-6 (PD-6) 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.
Prosper is a place where everyone matters.
PLANNING
POINT OFBEGINNING
October, 2015 SEI Job No. 14-124FNAL PLATLAKES OF LA CIMA ESTATESPHASE SEVEN C88 SINGLE FAMILY LOTS AND 2 H.O.A. LOTSDEVELOPED TO PD-6 (TRACT 1 -A) STANDARDS39.261 ACRES OUT OF THEHARRISON JAMISON SURVEY ~ ABSTRACT NO. 480TOWN OF PROSPER, COLLIN COUNTY, TEXASOWNER / APPLICANTFIRST TEXAS HOMES, INC.500 Crescent Court, Suite 350Dallas, Texas 75201Telephone (214) 613-3400Contact: Keith HardestyENGINEER / SURVEYORSpiars Engineering, Inc.765 Custer Road, Suite 100Plano, TX 75075Telephone: (972) 422-0077TBPE No. F-2121Contact: Tim SpiarsLEGEND1/2" IRON ROD SET WITH YELLOW CAP STAMPED"SPIARSENG", UNLESS OTHERWISE NOTEDIRON ROD FOUNDCAPPED IRON ROD FOUNDIRON PIPE FOUNDALUMINUM MONUMENT FOUNDCONTROL MONUMNETDRAINAGE EASEMENTDRAINAGE AND UTILITY EASEMENTUTILITY EASEMENTWATER EASEMENTSANITARY SEWER EASEMENTSIDEWALK EASEMENTSTREET EASEMENTWASTE WATER EASEMENTWALL MAINTENANCE EASEMENTHIKE & BIKE TRAIL EASEMENTVISIBILITY, ACCESS & MAINTENANCE EASEMENTBY THIS PLATRIGHT-OF-WAYMINIMUM FINISH FLOOR ELEVATIONBUILDING LINESTREET NAME CHANGEDENOTES NO DRIVE ACCESSDENOTES EXISTING EASEMENT TO BE ABANDONEDBLOCK DESIGNATIONSTREET FRONTAGEDEED RECORDS, COLLIN COUNTY, TEXASMAP RECORDS, COLLIN COUNTY, TEXASDENOTES KEY LOTNotes:
OWNER / APPLICANTFIRST TEXAS HOMES, INC.500 Crescent Court, Suite 350Dallas, Texas 75201Telephone (214) 613-3400Contact: Keith HardestyENGINEER / SURVEYORSpiars Engineering, Inc.765 Custer Road, Suite 100Plano, TX 75075Telephone: (972) 422-0077TBPE No. F-2121Contact: Tim Spiars^dd K&d y^ΑKhEdzK&K>>/EΑOWNERS CERTIFICATEOctober, 2015 SEI Job No. 14-124FNAL PLATLAKES OF LA CIMA ESTATESPHASE SEVEN C88 SINGLE FAMILY LOTS AND 2 H.O.A. LOTSDEVELOPED TO PD-6 (TRACT 1 -A) STANDARDS39.261 ACRES OUT OF THEHARRISON JAMISON SURVEY ~ ABSTRACT NO. 480TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Page 1 of 25
To: Planning & Zoning Commission
From: John Webb, AICP, Director of Development Services
Re: Planning & Zoning Commission Meeting – October 20, 2015
Agenda Item:
Conduct a Public Hearing and consider and act upon a request to amend Chapter 2, Zoning
Districts, and Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding the
list of Permitted Uses, the Use Chart, Conditional Development Standards and Definitions.
(Z15-0007).
Description of Agenda Item/Background:
Staff provided briefings to the Town Council on May 12th and August 11th and to the Planning &
Zoning Commission on August 18th regarding numerous land uses in the Zoning Ordinance
which should be re-evaluated. The Zoning Ordinance classifies uses in the following manner:
1. Uses permitted by right without any special conditions. These uses are “entitled” to locate within
the subject zoning district as long as the site is developed according to the district’s development
standards. Example: a medical office building is permitted by right in the “Office” zoning district if
the site meets the minimum development standards such as setbacks, building height, and
masonry construction. If this use meets the development standards, neither the Planning &
Zoning Commission, nor the Town Council has the authority to deny the applicant’s right to
develop the use.
2. Uses permitted by right if the use meets certain Conditional Development Standards (outlined in
Chapter 3, Section 1.4 of the Zoning Ordinance). These uses are permitted by right if they meet
the special standards that go above and beyond the development standards of the subject
district. Example: a convenience store with gas pumps is permitted by right in the “Retail” zoning
district if the site meets the minimum development standards and additional conditional
development standards. In this instance, the special conditions require the convenience store
with gas pumps to:
a. be located within 200 feet of the intersection of major thoroughfares,
b. be restricted to two corners of the intersection,
c. require canopies to have pitched roofs; the canopy support structure to be masonry
and the canopy band be a neutral color and
d. require the use to be removed if closed for more than six (6) months.
If the use meets these additional conditional development standards, neither the Planning &
Zoning Commission, nor the Town Council has the authority to deny the applicant’s right to
develop the use.
3. Uses permitted upon approval of a Specific Use Permit (SUP). These require Public Hearings by
both the Planning & Zoning Commission and Town Council. Example: a child day center
requires an SUP. The approval of the SUP is a discretionary decision by the Planning & Zoning
Commission and the Town Council and neither body is required to approve the use.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 25
Purpose of the Requested Amendments:
Since the majority of the land adjacent to US 380, Dallas Parkway, and Preston Road is zoned
for various non-residential districts, there are numerous permitted uses which could diminish the
long-term value of these high visibility corridors in the Town. Staff also noted several antiquated
land use terms that need to be amended or removed from the Zoning Ordinance.
It is important to note that where existing Planned Developments contain a list of permitted
uses, those uses will continue to be permitted, regardless of the amendments to the Zoning
Ordinance.
The recommended amendments to the Land Use Chart are noted in Appendix A. Appendix B is
the list of proposed additions and amendments to the Conditional Development Standards.
Amended and additional Definitions are noted in Appendix C.
Administrative Amendments:
Permitted land uses are noted in two separate areas of the Zoning Ordinance; one being in
each Zoning District subsection in Chapter 2 of the Ordinance as depicted in Illustration 1, and
the other being in the “Use Chart” in Chapter 3 as depicted in Illustration 2. Staff recommends
the permitted uses only be depicted in the “Use Chart,” as typically found in most cities’ Zoning
Ordinances. This will eliminate the chance of inconsistencies between the two chapters.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to
approve the request. Notice of the Planning & Zoning Commission Public Hearing was provided
in the newspaper as required by the Zoning Ordinance and state law. To date, Town staff has
not received any correspondence.
Town Staff Recommendation:
Town staff recommends the Planning & Zoning Commission approve the requested
amendments to the Zoning Ordinance as submitted.
Town Council Public Hearing:
Should the Planning & Zoning Commission make a recommendation, a Public Hearing for this
item will be scheduled for the Town Council at their Regular meeting on November 10, 2015.
Attached Documents:
1. Appendix A: Proposed amendments to Chapter 3, Section 1.3, Schedule of Uses
2. Appendix B: Proposed amendments to Chapter 3, Section 1.4, Conditional
Development Standards
3. Appendix C: Proposed amendments to Chapter 3, Section 2, Definitions
4. Illustration 1: Proposed deletion of list of Permitted Uses in Subsections 3-23 of
Chapter 2 and reference the uses can be found in the Schedule of Uses
of Chapter 3
5. Illustration 2: Depiction of a portion of the Schedule of Uses in the Use Chart
Page 3 of 25
APPENDIX A
PROPOSED AMENDMENT TO THE SCHEDULE OF USES
The following is a list of the proposed amendments to the Zoning Ordinance regarding permitted
land uses:
1. Pawn Shop
Comments: The use is currently permitted by right in the Commercial and Industrial Districts.
Pawn Shops are traditionally not seen as a value added business in a community. State law
does not allow a town or city to prohibit the use and requires that Pawn Shops be permitted by
right in at least one zoning district.
Proposed Amendments: Permit the use by right only in the Industrial District.
2. Auto Repair, Major
Comments: Permitted by right in the Commercial and Industrial Districts and by SUP in the
Downtown Commercial District. An example of this use is an auto body collision repair facility.
Due to the heavy commercial use of the facility, an SUP should be required in the Commercial
District to determine the appropriateness of the use and additional screening.
Auto Repair, Major
Proposed Amendments: Permit by right in the Industrial District and require SUP in the
Commercial District. Remove ability to request SUP in the Downtown Commercial District.
Page 4 of 25
3. Outside Merchandise Display, Incidental
Comments: This use is not listed in the Zoning Ordinance. Typically, this is a designated
area for the display of goods for sale in the front of big box retailers. Currently, to accommodate
this use, a Planned Development (PD) District has to be established or amended. Permitting
the use with an SUP is a more appropriate method of accommodating the use on a case-by-
case basis and determining appropriate location and intensity of the merchandise.
Outside Display of Merchandise
Proposed Amendments: Permit by SUP in non-residential districts, with the exception of
the Office, and Downtown Office Districts. “Sidewalk sales” would not be subject to the SUP
requirement. Establish new definition in Appendix C.
4. Outside Merchandise Display, Temporary
Comments: This is a “sidewalk sale” associated with a retail business. The use is not listed
in the Zoning Ordinance. The use should be permitted as a conditional use with standards to
ensure the “sidewalk sale” does not become permanent, nor block accessibility.
Temporary Outside Display of Merchandise
Proposed Amendments: Permit as a Conditional Development Standard in the Downtown
Retail, Retail, Downtown Commercial and Commercial Districts (refer to Appendix B and
establish new definition in Appendix C).
Page 5 of 25
5. Outside Storage, Incidental
Comments: This is customarily unenclosed storage of commodities, materials, goods, or
equipment in conjunction with a primary enclosed use and typically located in an area not
readily accessible to the public. The use is not listed in the Zoning Ordinance; and therefore,
currently requires a PD to permit. Permitting the use with an SUP is a more appropriate method
of accommodating the use on a case-by-case basis and determining appropriate location,
intensity and screening of the materials.
Incidental Outside Storage
Proposed Amendments: Permit by SUP in non-residential districts, with the exception of
the Office and Downtown Office Districts.
6. Recycling Collection Point (unmanned donation or recycling bin)
Comments: Permitted by right in all non-residential districts except the Downtown Office and
Downtown Retail Districts. These bins tend to become unsightly and attract the dumping of
larger materials that do not fit in the bins. The use cannot be prohibited, but it is recommended
to establish reasonable conditional development standards for the placement and operation of
the donation bins. Staff recommends the term be renamed, “Donation or Recycling Bin” to
better identify the use; and recommends the bins be permitted by right at schools, since schools
may offer this service.
Donation Bin
Page 6 of 25
Proposed Amendments: Reclassify as a “Donation or Recycling Bin”. Permit as a
Conditional Development Standard in the Retail and Commercial Districts and by right on
property owned by a public, private or parochial school and establish an amended definition
(refer to Appendix B, Conditional Developments standards and Appendix C, Definitions)
7. Trailer Rental
Comments: Permitted by right in the Commercial, Commercial Corridor and Industrial
Districts and permitted by SUP in the Retail District. Due to the open storage and display of the
trailers, this use is not appropriate immediately adjacent to the Town’s primary highways and
thoroughfares.
Trailer Rental
Proposed Amendments: Permit by right in the Industrial District and require SUP in the
Commercial District.
8. Equipment and Machinery Sales and Rental, Major
Comments: Permitted by right in the Commercial and Industrial Districts. Due to the open
storage and display of the heavy equipment and machinery, this use is not appropriate
immediately adjacent to the Town’s primary highways and thoroughfares.
Heavy Equipment Display
Proposed Amendments: Permit by right in the Industrial District and require SUP in the
Commercial District.
Page 7 of 25
9. Car Wash, Self-Serve
Comments: Permitted by right in the Commercial and Industrial Districts. Due to the noise-
generating nature, the use should be evaluated by an SUP in the Commercial District. This is
not an industrial use, and therefore should not be permitted in the Industrial District.
Self Service Car Wash
Proposed Amendments: Require SUP in the Commercial District, delete as permitted use
in the Industrial District and note as a Conditional Development Standard to identify the 200-foot
distance requirement from residential districts as currently required by the “Adjacency of Certain
Uses to Residential Zoning.”
10. Motels
Comments: Motels are commonly served by outside corridors and permitted by right with
minimal conditional development standards in the Downtown Commercial, Commercial and
Commercial Corridor Districts. The facilities are now more commonly referred to as “Limited
Service Hotels” but with interior corridors.
Motel
Page 8 of 25
Limited Service Hotel
Proposed Amendments: Reclassify the term to “Hotel, Limited Service,” and establish new
conditional development standards (Appendix B) and establish the appropriate definition
(Appendix C).
11. Residence Hotel (extended stay)
Comments: These facilities offer “stay on a nightly, weekly and/or monthly basis” with full
kitchens. Depending on the operator, these facilities can either provide quality short-term
housing or become quasi-multifamily, transient housing with negative impacts on adjacent
properties. This use is permitted by right with Conditional Development Standards in the
Commercial and Commercial Corridor Districts and further limited to properties adjacent to
Dallas Parkway, US 380 and Preston Road.
Residence Hotel
Proposed Amendments: Require an SUP to determine the appropriateness of the use and
amend the Conditional Development Standards (Appendix B) and amend the definition
(Appendix C).
Page 9 of 25
12. Hotels (full service)
Comments: These facilities typically are multi-story in height and offer a range of amenities
including a full-service restaurant and meeting/event space. The use is permitted by right with
Conditional Development Standards in the Commercial and Commercial Corridor Districts and
requires an SUP in the Downtown Commercial District.
Full Service Hotel
Proposed Amendments: Rename the term to “Hotel, Full Service,” and revise and establish
new Conditional Development Standards (Appendix B) to more accurately reflect today’s hotel
market and establish the appropriate definition (Appendix C).
13. Automobile Storage
Comments: Permitted by right in the Commercial and Industrial Districts. These facilities
resemble a parking lot without a primary structure and typically accommodate the overflow
storage of automobiles and light load trucks that are for sale at another location. Due to the
open storage, this use may not be appropriate along the Town’s primary highways and
thoroughfares.
Off-site Vehicle Storage Lot
Proposed Amendments: Permit by right in the Industrial District and require SUP in the
Commercial District.
Page 10 of 25
14. General Manufacturing/Industrial Use Complying with Performance Standards
Comments: The term permits manufacturing and industrial processing but must be deemed
not a hazard or nuisance to adjoining properties. Truck loading docks are common to this use.
Permitted by right in the Commercial, Commercial Corridor and Industrial Districts. Due to the
industrial nature, the use may not be appropriate in the Commercial and Commercial Corridor
Districts.
General Manufacturing
Proposed Amendments: Permit by right in the Industrial District and require SUP in the
Commercial and Commercial Corridor Districts
15. Flea Market, Inside
Comments: Permitted by right in the Commercial District. Depending on the intensity of the
use, may not be appropriate in certain locations.
Indoor Flea Market
Proposed Amendments: Require SUP in the Commercial District.
Page 11 of 25
16. Flea Market, Outside
Comments: Permitted by SUP in the Commercial District. Due to the nature of the use, it is
not appropriate in Prosper.
Outside Flea Market
Proposed Amendments: Delete as a permitted use.
17. Vet Clinic and/or Kennel, Outdoor
Comments: Permitted by right in the Commercial, Commercial Corridor and Industrial
Districts. Due to the nature of the outdoor facilities, the use may not be appropriate in certain
locations.
Outdoor Pet Kennel
Proposed Amendments: Permit by right in the Industrial District and require SUP in the
Commercial District.
Page 12 of 25
18. Retirement Housing (independent senior living)
Comments: These facilities typically resemble a traditional 2-4 story, multi-family complex but
are age-restricted for “active, senior adults” who do not require the services associated with an
assisted living center or nursing home. Currently permitted by right in the Townhome,
Multifamily and the Mobile Home Districts. There is hesitancy to rezone any land to the
Multifamily District for a retirement housing product, since there is no guarantee the use will
develop as such. The current definition also includes the terms “nursing care for ambulatory
elderly or handicapped persons”. This is not the intent of this use which is intended to
accommodate independent senior living residential developments.
Independent Senior Living
Proposed Amendments: Require SUP in the Multifamily District to allow the use to be
considered on a case-by-case basis as an age-restricted development that cannot convert into
a traditional multi-family development and amend the definition in Appendix C.
19. Helistop (helicopter landing pad)
Comments: This is incidental to a main structure for take-offs and landings. The storage of
helicopters or fuel is not permitted by the definition. Permitted by SUP in the Office,
Commercial Corridor and Industrial District. A helistop may be appropriate and necessary for
uses in the Retail and Commercial Districts since hospitals are permitted in these districts.
Helistop
Page 13 of 25
Proposed Amendments: Require SUP in the Retail and the Commercial Districts in addition
to Office, Commercial Corridor and Industrial Districts.
20. Nursery (Landscape), Major
Comments: Permitted by right in the Commercial and Commercial Corridor Districts. Due to
the nature of the outdoor facilities, the use may not be appropriate in certain locations.
Outdoor Landscape Nursery
Proposed Amendments: Require SUP in the Commercial and Commercial Corridor
Districts.
21. Dance Hall
Comments: “Dance Hall” is an antiquated term. Need to recognize and allow professional
banquet facilities similar to Noah’s Event Venue. “Dance Hall” currently permitted by SUP in the
Downtown Commercial, Commercial and Commercial Corridor Districts.
Private Meeting/Banquet/Reception Facility
Proposed Amendments: Reclassify as a “Meeting/Banquet/Reception Facility” and require
SUP in the Retail, Downtown Commercial, Commercial and Commercial Corridor District and
amend definition in Appendix C
Page 14 of 25
22. Furniture Restoration
Comments: Permitted by right in the Commercial and Industrial Districts and requires SUP in
the Downtown Commercial District. This is an enclosed use and does not pose adverse
impacts.
Furniture Restoration Building
Proposed Amendments: Permit by right in all non-residential districts except for the Office
and Downtown Office Districts.
23. Gunsmith
Comments: Antiquated term since the business is considered a retail establishment to
accommodate the sales and service of firearms.
Gun Store
Proposed Amendments: Delete the term.
Page 15 of 25
24. Household Appliance Service and Repair
Comments: Antiquated term. This service is now more related to the repair of electronics.
Electronics Repair
Proposed Amendments: Reclassify as “Repair Service, Indoor,” and permit by right in all
non-residential districts except for Office and Downtown Office Districts. Create new definition
in Appendix C that would prohibit engine repair.
25. Mortuary/Funeral Parlor
Comments: Permitted by right in the Downtown Commercial, Commercial, Commercial
Corridor and Industrial Districts. It is implied but not clear that the use does not permit an on-
site crematory.
Funeral Home
Proposed Amendments: Reclassify term as “Funeral Home” and amend as a Conditional
Development Standard to permit by right in the same districts but require an SUP for on-site
cremation services.
Page 16 of 25
26. Restaurant or Cafeteria
Comments: “Cafeteria” is an antiquated term. A “Luby’s” or “Furr’s” is considered as a
restaurant.
Cafeteria (restaurant)
Proposed Amendments: Amend term to read, “Restaurant.”
27. Bottling Works
Comments: Antiquated term. An operation that bottles beverages can be accommodated as
a “General Manufacturing/Industrial Use Complying with Performance Standards”.
Bottling Works
Proposed Amendments: Delete the term.
Page 17 of 25
28. Auto-related Uses and Restaurants with Drive-thru or Drive-in Services
• Convenience Store with Gas Pumps
• Restaurant (includes restaurants with drive-through window service)
• Restaurant, Drive In (Sonic)
• Automobile Repair, Major
• Automobile Repair, Minor
• Automobile Sales/Leasing, New
• Automobile Sales/Leasing, Used
• Car Wash
• Car Wash, Self Service
• Motorcycle Sales/Service
• Recreational Vehicle Sales and Service, New/Used
• Truck/Bus Repair
• Truck Sales, Heavy Trucks
• Truck Terminal
Comments: Section 9.11 of Chapter 4, “Development Requirements” of the Zoning Ordinance
contains provisions for “Adjacency of Certain Uses to Residential Zoning” that requires that
buildings and equipment associated with these uses be a minimum of 200 feet from a
residential district and subject to additional screening. These requirements are often overlooked
by the development community in their research of the Zoning Ordinance Use Chart.
Proposed Amendments: Note this requirement as a Conditional Development Standard in
the Use Chart and reference the “Adjacency of Certain Uses.” There is no change regarding
the permitted use of these uses in the currently designated districts.
29. Payday Loans/Cash for Car Titles
Comments: This is not a designated use in the Zoning Ordinance, but as such meets the
definition of a “Bank or Savings and Loan” and would be permitted by right in all non-residential
districts. These businesses are seen as predatory lending establishments with excessively high
interest rates and are increasingly being regulated by cities in Texas and the nation.
Car Title Loan Establishment
Proposed Amendments: Per a recommendation from the Town Attorney, these businesses
should be regulated in Chapter 4, Business Regulations of the Town’s Code of Ordinances.
The ordinance can contain criteria for the definition, registration, operation and
location/minimum spacing of the businesses. Therefore the amendments will not occur within
this amendment to the Zoning Ordinance.
Page 18 of 25
APPENDIX B
PROPOSED ADDITIONS/AMENDMENTS TO CONDITIONAL DEVELOPMENT STANDARDS
1. Outside Merchandise Display, Temporary
a. The outdoor display of merchandise shall be associated with the merchandise offered for sale
on the same premise.
b. The outdoor display of merchandise shall not exceed 72 consecutive hours with a minimum
of twenty-eight (28) between each occurrence.
c. The outdoor display of merchandise shall not block or impede required accessibility.
2. Donation or Recycling Bin
a. A donation or recycling bin requires approval of a Site Plan by the Planning & Zoning
Commission and a permit issued by the Building Inspections Division.
b. The permit shall contain written authorization of the property owner.
c. A maximum of one (1) donation or recycling bin shall be permitted per lot or tract.
d. The donation or recycling bin shall be located within 100 feet of the main structure but not
located within the required front, side or rear property lines.
e. The donation or recycling bin shall not be located on any required parking space(s), nor
located in a manner that blocks pedestrian access or a driver’s visibility.
f. The donation or recycling bin shall not exceed six (6) feet, six (6) inches in height, six (6) feet
in width and six (6) feet in length.
g. The donation or recycling bin shall clearly identify the name, address and telephone number
of the permittee and operator, if different from the permittee.
h. The permittee shall maintain the area surrounding the donation or recycling bin free of any
junk, garbage, trash, debris or other refuse material.
i. The permittee and operator shall be responsible for abating and removing all junk, garbage,
trash, debris and other refuse material in the area surrounding the donation or recycling bin
within twenty-four (24) hours of written or verbal notice from the Town.
j. The Town shall have the right to revoke any permit issued hereunder if permittee or operator
fails to comply with the provisions of this subsection. The Town shall provide a written
notification to the permittee or operator stating the specific grounds for revocation. Upon
revocation, the donation or recycling bin shall be removed from the permittee’s real property
within thirty (30) calendar days and, if not removed within this time period, the Town may
remove, store and dispose of the donation or recycling bin at the permittee’s sole cost and
expense.
3. Hotel, Limited Service (suggested edits to current standards for a Motel; “red” text notes new
standards)
a. Access to guest rooms shall be restricted exclusively to interior corridors.
b. External balconies and walkways shall be set back two hundred (200) feet from any
residential zoning district.
c. Shall provide management staff on-site twenty four (24) hours a day.
d. Shall provide at least four (4) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Plaza/Atrium
Page 19 of 25
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
• Full Service Restaurant (minimum seating capacity of Thirty five (35))
e. Shall provide a restaurant offering a minimum of one meal per day.
f. Shall maintain a minimum separation of one thousand five hundred (1,500) feet
measured linearly from property line to property line from any other Hotel, Motel, or
Residence Hotel property. (Reason for deleting requirement is that some hotels prefer to
group their brands in close proximity such as a Marriott Fairfield Inn, Courtyard by
Marriott and Marriott Residence Inn).
g. Shall provide daily housekeeping.
h. The guest rooms shall not contain any cooking facility that includes a conventional oven,
convection oven, stove top burner, grill, hibachi or hotplate.
4. Hotel, Residence (suggested edits to current standards for a Residence Hotel; “red” text notes
new standards)
Residence Hotel developments shall be subject to the following development standards:
a. Not more than twenty three (23) room units per acre. (Reason for deleting requirement is that
appropriate density can be determined by the SUP process)
b. A Specific Use Permit is required.
c. Shall provide laundry facilities on site for guest use.
d. Access to guest rooms shall be restricted exclusively to interior corridors.
e. External balconies and walkways shall be set back two hundred (200) feet from any
residential zoning district.
f. Shall provide management staff on-site twenty four (24) hours a day.
g. Shall provide at least five (5) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Plaza/Atrium
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
• Full Service Restaurant (minimum seating capacity of Thirty five (35))
h. Shall be set back a minimum one hundred (100) feet from any residential district.
i. Shall maintain fifteen (15) percent of the lot area as outdoor open space, exclusive of
required setbacks and parking areas, but including amenities from the above list except
for the indoor pool and the conference room and full service restaurant shall not count
toward meeting the open space requirement. The minimum fifteen (15) percent open
space may be reduced by the Town Council upon approval of a Specific Use Permit
providing evidence of other amenities meeting the intent of the open space requirement.
j. Shall provide a restaurant offering a minimum of one meal per day.
k. Shall maintain a minimum separation of one thousand five hundred (1,500) feet
measured linearly from property line to property line from any other Hotel, Motel, or
Residence Hotel property. (Reason for deleting requirement is that some hotels prefer to
group their brands in close proximity such as a Marriott Fairfield Inn, Courtyard by
Marriott and Marriott Residence Inn).
l. Shall provide daily housekeeping.
m. Any guest room indoor cooking facility shall not include a grill, hibachi or hotplate.
Page 20 of 25
5. Hotel, Full Service (suggested edits to current standards for a Hotel; “red” text notes new
standards)
Full Service Hotel developments shall be subject to the following development standards:
a. External balconies and walkways shall be set back two hundred (200) feet from any
residential zoning district.
b. Shall provide management staff on-site twenty four (24) hours a day.
c. Shall provide at least four (4) amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Plaza/Atrium
• Game Room
• Jogging Trail
• Conference Room (one thousand (1,000) square foot minimum)
• Full Service Restaurant (minimum seating capacity of Thirty five (35))
d. Shall provide a full service restaurant offering three (3) meals a day.
e. Shall provide a minimum total of 10,000 square feet of meeting/event space.
f. No more than five (5) percent of the total number of guest rooms shall have cooking
facilities.
g. All room units must be accessed through an internal hallway.
h. Permitted by Specific Use Permit in a Downtown Commercial District. (Permit by right in
the Downtown Commercial District if the hotel meets the conditional development
standards.)
6. Funeral Home (formerly Mortuary/Funeral Parlor)
Funeral Homes shall not contain on-site cremation services. Funeral Homes with on-site
cremation services shall require a Special Use Permit.
7. Convenience Store with Gas Pumps
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
8. Restaurant
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
9. Restaurant, Drive In
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
10. Automobile Repair, Major
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
11. Automobile Repair, Minor
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
12. Automobile Sales/Leasing, New
Page 21 of 25
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
13. Automobile Sales/Leasing, Used
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
14. Car Wash
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
15. Car Wash, Self Service
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
16. Motorcycle Sales/Service
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
17. Recreational Vehicle Sales and Service, New/Used
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
18. Truck/Bus Repair
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
19. Truck Sales, Heavy Trucks
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
20. Truck Terminal
Shall be subject to the requirements of Chapter 4, Section 9.11, Adjacency of Certain Uses
to Residential Zoning.
Page 22 of 25
APPENDIX C
PROPOSED AMENDMENTS TO DEFINITIONS
1. Outside Merchandise Display, Incidental (new definition) - The unenclosed display of
commodities, materials, goods, or equipment readily accessible to the public for retail sales in
conjunction with a primary enclosed use.
2. Outdoor Merchandise Display, Temporary (new definition) - The temporary display of
merchandise such as a sidewalk sale subject to Conditional Development Standards.
3. Outdoor Storage, Incidental (new definition) - The unenclosed storage of commodities,
materials, goods, or equipment in conjunction with a primary enclosed use and typically
located in an area not readily accessible to the public.
4. Donation or Recycling Bin (formerly “Recycling Collection Point”) - An unattended
receptacle with a door, slot or other opening that is intended to accept donated or recyclable
materials.
5. Hotel, Limited Service (formerly “Motel”) - A building or group of buildings designed for
and occupied as a temporary lodging place; where financial consideration is generally
calculated on a nightly basis and is not classified as a full service hotel or a residence
hotel.
6. Hotel, Residence (amended definition) - A building or group of buildings designed for
and occupied as a temporary lodging which may include an extended stay and where
financial consideration is generally calculated on a nightly, weekly or monthly basis and
is not classified as a limited service hotel or a full service hotel.
7. Hotel, Full Service (formerly “Hotel”) - A building or group of buildings designed for and
occupied as a temporary lodging place; where financial consideration is generally
calculated on a nightly basis; provides a restaurant offering three (3) meals a day;
provides meeting/event space; and is not classified as a limited service hotel or a
residence hotel.
8. Multifamily Dwelling (need to amend definition due to changes to classifications of
hotels) – Attached dwelling units designed to be occupied by three or more families
living independently of one another; exclusive of Limited Service Hotels, Residence
Hotels, or Full Service Hotels
9. Retirement Housing (amended definition) - A building or group or buildings consisting
of attached or detached dwelling units designed for the housing of age-restricted
residents. In addition to housing, this type of facility may provide services to its residents
such as meals in a central dining room, housekeeping, transportation and activity rooms.
The facility shall not be licensed as an assisted living center or a skilled nursing home.
10. Meeting/Banquet/Reception Facility (formerly “Dance Hall”) - A building which is
rented, leased or otherwise made available to any person or group for a private event
function that is not open to the general public, whether or not a fee is charged.
11. Repair Service, Indoor (formerly Household Appliance Service and Repair) - The
maintenance and repair of electronics, appliances and fixtures customarily used in a
Page 23 of 25
home or office. The term does not include any type of repair to engines or other
motorized equipment or vehicles.
12. Funeral Home (formerly Mortuary/Funeral Parlor): A place for the storage of human
bodies prior to their burial or cremation, or a building used for the preparation of the
deceased for burial and the display of the deceased and ceremonies connected
therewith before burial or cremation. On-site cremation services permitted in
accordance with the Conditional Development Standards.
Page 24 of 25
This portion of the Section to be
removed and maintained in the
Use Chart as noted in Illustration 2
Illustration 1
Page 25 of 25
Illustration 2
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 – October 20, 2015
Agenda Item:
Conduct an annual review of the Town’s Comprehensive Plan.
Background:
When the Comprehensive Plan (Plan) was adopted in 2012, the Implementation section noted
the Plan should be a dynamic document that responds to changing needs and conditions of the
Town. It recommends that at one-year intervals, a review of the Plan should be conducted with
respect to current conditions and trends. Such evaluations provide a basis for adjusting capital
expenditures and priorities, as well as identify changes and additions that should be made to the
Plan in order to keep it current and applicable for the long-term.
On October 7, 2014, and October 14, 2014, the Planning & Zoning Commission and Town
Council, respectively, conducted their annual review of the Plan. At a Joint Work Session held
on December 2, 2014, the Council and the Commission discussed the annual review of the
Plan. The services of the consulting firm, Masterplan, had been retained in 2014 to perform the
annual review. At the Joint Work Session, it was determined that it would not be necessary to
utilize a consultant for a formal review every year, and a staff-conducted annual review would
be sufficient. The 2014 Annual Update of the Comprehensive Plan is attached for reference.
Summary of Agenda Item:
One of the significant purposes of a Plan is to guide the decision-making process in rezoning
requests. Since the adoption of the Future Land Use Plan in August 2012, 42 rezoning
requests have been approved.
• Of the 42 approved rezoning requests, 71% were in accordance with the Future Land Use
Plan; 29% of the requests were not in accordance with the Future Land Use Plan.
• Per advice from the Town Attorney, beginning in July 2014, rezoning requests which do not
conform to the Future Land Use Plan were accompanied by a separate request to formally
amend the Plan.
• Since July 2014, three (3) amendments to the Future Land Use Plan were submitted and
approved in conjunction with rezoning requests.
One of the major accomplishments during this year was the adoption of updated residential
development standards. This project was identified in the Council’s Strategic Goals and was
consistent with the following Goals in the Plan which state:
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
• “Maintain and enhance the high quality of life and small-town feel currently available
and expected by Prosper residents.
• Protect the quality and integrity of Prosper’s neighborhoods.
• Require high-quality and visually attractive architectural characteristics in both
residential and non-residential developments.”
Future Projects:
In the upcoming year, Development Services intends to initiate or complete the following
Strategic Goals and projects to meet the objectives of the Implementation section of the Plan:
• Update Zoning Ordinance Use Chart
• Update the Subdivision Ordinance
• Update nonresidential development standards
• Initiate Phase One Old Town Planning assessment study
• Update zoning districts and land use charts in the zoning ordinance (i.e. Commercial Corridor
District)
• Reformat the Zoning Ordinance to improve ease of use
Staff is requesting the consideration of an amendment to the Comprehensive Plan regarding the
correlation/equivalency between Future Land Use Map Designations and Zoning Districts. For
instance, the Future Land Use Map designates some of the non-residential areas as “Business
Park,” “Tollway District,” and “US 380 District,” but the Plan does not provide equivalent zoning
district designations, such as the “Retail,” “Commercial,” and the “Commercial Corridor,”
Districts. When zoning change requests are considered, it would assist in determining whether
or not the request is consistent with the Future Land Use Plan’s designation.
Findings and Trends:
With the Plan being in effect in its third year, the document appears to be consistent with the
Council’s goals and market conditions.
Residential Development:
The strong DFW economy and demand for new housing will continue to place Prosper as a
prime market to meet this residential demand. With the increasing costs of land and
development, there will be pressure to maximize lot yield. Where zoning entitlements do not
currently exist, such as properties zoned Agricultural, it is anticipated that the Planning & Zoning
Commission and the Town Council will be asked to approve higher density single family
developments which may not be in conformance with the Future Land Use Plan.
Prosper is beginning to see an interest in age-restricted housing, which is currently not offered
in the Town. This housing comes in the form of,
1. independent senior living facilities which may be situated on detached single family lots or
apartment-style developments,
2. assisted living/memory care facilities and
3. skilled nursing facilities.
Because the Zoning Ordinance permits independent senior living facilities, “retirement housing,”
by right in the Multifamily District, there is hesitancy to zone property to this district for the
concern the site may develop for market rate, garden-style apartments. In the above-noted
“Update Zoning Ordinance Use Chart,” staff will provide a process for consideration of multi-
family, age-restricted housing without granting zoning entitlements for traditional, garden-style
apartments.
Page 3 of 3
Non-Residential Development:
The Town’s demographics and the increased traffic volume on the highways and major
thoroughfares have created a demand for retail and service oriented developments. The Town
is witnessing the evolution from a predominantly bedroom suburb to a full service community
that offers services to its citizens. The sales tax leakage will continue to decrease as the
commercial developments increase providing residents the ability to purchase goods in Prosper
instead of in McKinney, Frisco or other neighboring cities.
With this new interest in commercial developments in the Town, there may be requests for non-
residential zoning in areas where the Plan recommends residential development. As with other
requests to amend the Plan, the test for the applicants will be to identify why the Plan’s
recommended residential development for a particular location is no longer appropriate.
Attachments:
1. 2014 Annual Review of the Comprehensive Plan
Town Staff Recommendation:
Town staff recommends that the Planning & Zoning Commission provide feedback on this
review of the Plan, findings, trends and proposed amendment.
Town Council Consideration:
Upon a recommendation by the Planning & Zoning Commission, this item will be scheduled for
the October 27, 2015 Town Council meeting.
Town of Prosper Comprehensive Plan
An Annual Review of the Plan with Respect to
Current Conditions and Trends
September 13, 2014
Prepared By:
Dallas Cothrum, Ph. D.
Karen Wunsch, AICP
Executive Summary
The Prosper Comprehensive Plan serves as the Town’s guide for development-
related policy decisions. Although the planning process and various components
of the Plan are not uncommon, several characteristics unique to the Town of
Prosper are highlighted throughout the Plan. The most significant theme relates
to how Prosper can best prepare for what is anticipated to be a period of rapid
population growth and corresponding land development, so that the fully
developed Prosper of the future retains many of the characteristics that the
community values today.
As with any comprehensive plan, the Prosper Comprehensive Plan is intended to
be a dynamic, flexible, and adaptable guide. The Plan suggests that an annual
review of the document be conducted to ensure that it stays relevant during this
period of rapid development activity. This supplement to the Plan summarizes
the findings of the document within the context of current market conditions and
evolving trends.
As an active participant in the development industry, Masterplan often
spearheads land use negotiations with municipalities and other governmental
entities on behalf of developers. This perspective provides consideration of the
goals and objectives of the Plan from a developer’s point of view, and it offers
regional examples of potential opportunities and threats that Prosper may
encounter as it strives toward plan implementation.
The community vision focuses on Prosper maintaining a rural character, despite
experiencing rapid population growth. One interpretation is that residential areas
will have a small town feel that speaks to the Town’s rural roots through large lots
and openness, while the primary transportation corridors will be denser and
result in a much different development pattern than exists in the Town today. The
visioning process also recognized the importance of having a variety of land
uses, which diversifies the tax base and prevents the Town from relying too
heavily on single-family residential property owners for revenue.
After exploring the seven sections of the Plan and identifying opportunities and
threats given current market trends, recommendations were formulated to help
guide development towards the community’s desired vision. These
recommendations focus primarily on concentrating retail and mixed-use
development projects along the Dallas North Tollway and US 380 corridors,
protecting the quality of large lot single-family residential land uses, and
implementing policies of collaboration and data collection that will facilitate future
planning initiatives and the Town’s responsiveness to community needs.
Specifically, the recommendations include:
i
• Revise the current Zoning Map to be consistent with the Future Land Use
Plan. A significant component to this exercise is to evaluate the
appropriateness of Planned Development Districts, particularly zoning
districts more than five years old that have not developed. The Town
should feel empowered to initiate zoning conversations with developers
when the existing development plan is no longer appropriate.
• Facilitate desired development patterns within the Dallas North Tollway
and US 380 corridors by ensuring that zoning regulations encourage
desired development projects and prohibit undesirable projects. A healthy
Town economy requires a variety of land uses that contribute to the tax
base. The corridor areas are appropriate areas to concentrate mixed-use
projects and land uses other than large lot residential subdivisions. In
addition, the Town should give careful consideration before rezoning
additional sites for neighborhood service retail beyond what is already
proposed on the Future Land Use Plan. Perpetuating a surplus of retail
uses may result in lower end finish-outs and less desirable retail tenants.
• Ensure that current zoning regulations and Town policies allow for mixed-
use development opportunities without over-saturating the market. In
particular, evaluate mixed-use development standards. Many mixed-use
projects have failed, and often multistory mixed-use projects are not
successful - even in desirable locations. Some scrutiny must be given to
ensure successful mixed-use projects, not just a mixture of uses. Within
the region, there exist numerous resources that should be consulted in
order to identify best practices and lessons learned that will allow Prosper
to achieve high-quality, successful projects.
• Establish a community benchmark questionnaire that helps planners and
Town administrators understand how residents and their opinions change
over time. The data collected will be beneficial to future planning studies,
and it will assist the Town in responding to and anticipating the changing
needs of the community.
Perhaps most importantly, the Town should actively foster ongoing relationships
with community partners such as the Prosper Independent School District and
the Economic Development Corporation. Collaborative planning efforts will
strengthen each of the three entities and therefore the ability of Prosper to
prepare for growth and attract the high quality development projects envisioned
in the Comprehensive Plan.
ii
Introduction
The Town of Prosper contracted with Masterplan, a land use-consulting firm, to
review the Town’s Comprehensive Plan. Masterplan has extensive experience
representing land development interests in the region and throughout the state.
This market-driven, private sector point of view provides a different perspective
for evaluating the Prosper Comprehensive Plan and developing
recommendations for implementing the Plan.
As with most comprehensive plans, the Town of Prosper’s Comprehensive Plan
is intended to serve as a flexible guide for growth and development. Plans must
be flexible enough to work within the market, yet strong enough to manage
competing interests. The plan must foster a spirit of community while allowing for
and guiding growth. Periodic reviews of the Plan provide another tool for plan
implementation, and Plan maintenance helps the document remain up-to-date
and relevant.
A central theme of Prosper’s Comprehensive Plan involves preparing for non-
residential growth that will diversify land use within the community as well as
strengthen the tax base. Retail uses represent a significant component of
anticipated new development. As emphasized in the Plan, retail development
should be strategically located, well designed, and of high quality. However, the
community must also recognize that the retail market is evolving along with
consumer shopping habits, and development trends experienced in neighboring
communities may not necessarily be applicable to Prosper’s development boom.
The retail industry has seen considerable changes over recent years. Although
the Dallas-Fort Worth market has climbed above 90 percent occupancy for retail
in anchor-type shopping centers for the first time since 2004. It does not appear
to be a trend. The region has 187,987,318 square feet of retail in shopping
centers over 25,000 square feet. The Metroplex has done much better than most
parts of the country. One important reason is the increase in density fueled by
significant multifamily development. Municipalities can no longer separate
residential planning from commercial.
Prosper must evaluate how much successful retail it can construct and have
citizens patronize. A number of troubling trends are changing commercial
property. Shopping and eating habits are rapidly changing. In 2010, there were
33 billion retail visits to stores during the holiday season. This number has
dropped to 17.6 billion visits during the same November to December time period
in 2013. As a result, retailers are building far fewer shopping centers. In 2010,
there were 310 million square feet of new retail space opened nationally; in 2013
the number declined to 43.8 million square feet. To compound the problem,
stores of popular retailers have closed. The Gap, JC Penney, Sears, Macy’s, and
Best Buy have all closed numerous stores. Previously, these were institutional
1
lions capable of anchoring shopping centers, and they consistently focused on
expansion.
During the previous decade, developers shifted shopping trends from malls to
power centers. Now, consumers are driving the market and they have decided
that the Internet is ascendant. This is no longer a trend but a reality. Online sales
once again doubled during the 2013 holiday season. Retailers had half the traffic
that they did just three years ago. This change in shopping habit is impacting
other commercial property sectors.
Municipalities also need to watch emerging changes in restaurants. Casual
dining concepts struggled prior to the recession and continue to post marginal
numbers. One recent study contends that the concepts are too familiar and not
dissimilar from one another. Sales in casual dining have remained stagnant and
are now below inflation levels. These concepts now feature value dining menus
that have reduced average customer tickets to $12.42. Unfortunately, value
menu options, however, are essential to generate store traffic. The rise in fast-
casual concepts also continues to eat into the sit down dining sector. Importantly,
the fast-casual concept typically takes far less space. Interestingly, the per
person average at Chipotle compares quite favorably at $11.30.
City planners must actively understand the market and adapt to emerging trends.
Likewise, a community must interact with staff from various departments to
ensure a range of development. This review attempts to make use of real world,
real estate based priorities and understand them within a planning framework.
Masterplan typically represents developers and works as an agent of change at
the “tip of the spear.” This knowledge and interaction with developers and their
tenants provides perspective often not embraced in comprehensive planning
exercises.
2
Review
The Prosper Comprehensive Plan establishes a vision for the community’s future
and serves as a guide that will help direct development and policy decisions
toward achieving a desirable future. The Plan is organized into seven sections
which include: Planning Context, Community Vision, Community Character,
Transportation Plan, Economic Analysis, Infrastructure Assessment, and
Implementation Plan.
A brief synopsis of each Plan section is provided for reference as well as
observations that have been categorized as either “Opportunities” or “Threats.”
These observations are intended to focus attention on key topics and facilitate
additional discussion of potential vulnerabilities or omissions of the Plan.
Exploring these topics in greater detail highlights areas of the development code
that need improvement and provides a foundation for establishing a plan
implementation strategy that includes recommendations for next steps.
In general, the “Opportunities” listed are concepts presented in the Plan that
seem particularly important or relevant to successful plan implementation and
achieving the vision created during the planning process. In some cases, the
opportunities are points that speak to the Town’s character currently or as it
hopes to be in the future. Consideration of Prosper’s opportunities for a vibrant
future is also provided within the context of the larger region in which it is located.
The proximity of Prosper to surrounding communities with similar experiences
provides confidence in recognizing trends and preparing for the future.
“Threats” refer to topics that are perhaps vague or not easily understood by
someone who did not participate in the original planning process. Threats in this
context also represent external factors and local conditions that, if not addressed,
could result in undesirable development patterns or an overall community
character that is different from what is envisioned. Emerging national trends
create concern for the ability of the Town to adapt to new and changing
philosophies that may limit the potential for successful development projects. The
digital age continues to influence American lifestyles and impact the way people
live, work, and play. Ultimately, these changes affect the landscape of the built
environment by altering needs related to housing, retail, office, and recreational
uses.
3
Planning Context - This chapter provides a discussion of the justification for
planning from both a legal and practical standpoint. The section includes a
thorough examination of the existing local and regional conditions that will
influence Prosper’s future. The most significant characteristic of the existing
community is that the Town is experiencing rapid growth that will likely continue
for the next ten to twenty years. This provides exciting opportunities that may
galvanize a community and create a unique sense of place, but only if the
“threats” to this vision are recognized and mitigated.
The City of Plano provides an outstanding example for communities to both
replicate and avoid. The city stands as a national example regarding rapid
growth. In 1960, Plano remained a rural community that had not seen any
substantive benefit from World War II post-war boom. Community leaders,
however, recognized the city was poised to grow. By 1970, the city had a
population of 17,872. The city planned a number of public works projects,
acquired right-of-way, and, perhaps most importantly, did significant planning to
prepare for the 1980s. The city also built a number of excellent city facilities and
planned locations for others. The decision to locate the city hall in downtown has
proven effective, especially with the advent of mass transit. By 1980, the city had
a population of 72,000 and a national reputation for keeping up with the growth
and having a quality community. The city reported population growth to 128,713
in 1990 and 222,030 to close out the century.
Plano sustained high-quality growth over a long period because of several
factors. First, the city had strong leadership and longtime community members
that helped identify and maintain a distinct character. Second, the city instituted
rigid financial controls that remain in place. Of Texas’ largest cities, Plano has the
lowest per capita debt at $1,371. Third, the city attracted a number of corporate
headquarters. Likewise, high-paying and well-educated employees followed
these businesses to Plano. In part, they stayed in the community because of the
quality of schools. Today the community has a median income of $82,901.
Plano thoughtfully made sound planning decisions. The city elected to participate
in Dallas Area Rapid Transit. Today the downtown area has an urban feel that is
bolstered by mass transit and a variety of housing stock that provides density.
The city has also had strong commitment in planning from staff that has
remained in place for many years as well as committed elected and appointed
officials.
The city also provides a valuable perspective of what to avoid. Plano suffers from
bimodal distribution in terms of an East and West split. The newest retail and
most expensive homes are in the west along the Dallas North Tollway corridor. In
contrast, the east, situated along North Central Expressway, suffers from vacant
retail and lower home values. The city has too much retail and faces expanded
competition for spending dollars on every side. Its earlier dominance of retail has
4
been tempered in the last decades. In fact, the city now has instituted a retail
pruning initiative.
Opportunities
The Prosper planning area contains a significant amount of vacant land.
An estimated eighty percent of the Town’s twenty-seven square miles is
undeveloped. With such a large proportion of Prosper’s land projected to
develop in a short amount of time, there is an opportunity for the creation
of a cohesive community comprised of land uses and design styles that
complement each other. In Prosper, issues such as promoting infill
development or encouraging redevelopment of sites are less important
than in other communities. This allows for planning efforts and
infrastructure improvements to focus on encouraging quality new
development.
Prosper’s projected growth trend resembles the development explosion
witnessed in surrounding communities over recent decades. The
experiences of municipalities such as Frisco, Allen, and Plano provide a
resource to Town administrators, elected officials, and citizens of lessons
learned and examples of policies to emulate as well as things to avoid.
Exploring the experiences of other rapidly growing communities may help
Prosper officials with effective decision-making as it prepares for an
extended period of rapid growth.
Although each resident has his or her own reason for living in Prosper, it
appears that currently the biggest draw for people settling in the
community is the opportunity for a large home on a large lot. As Prosper
grows, the reasons for moving to Prosper will likely evolve. Eventually, the
proximity of housing to jobs and retail may motivate people to reside in
Prosper, but it seems clear that the Plan is intended to preserve the
identification of Prosper as a community of large homes and large, rural
lots.
Prosper has many positive attributes working in its favor. Key among
those, as with any discussion of real estate, is location. Prosper’s location
positions the Town as the next frontier of the expanding Dallas-Fort Worth
region. The center of the Metroplex (previously downtown Dallas) has
shifted to LBJ and the Dallas North Tollway. This trend will continue with
Highway 121 and the Dallas North Tollway becoming the regional hub in
the future. The concentration of the largest retail project of the decade in
Nebraska Furniture Mart as well as the relocation of Toyota illustrate that
this shift is in progress. Not only does this position the Town for growth,
but the location also provides the Town with numerous planning resources
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not only in the form of regional planning studies and statistical data, but
also in the form of experience by other planning professionals in
accommodating the needs of a rapidly growing community.
Threats
The largest threat to achieving the community’s vision is missing
opportunities for quality development as described in the Plan and
anticipated by residents. In fact, residents will expect the timely addition of
development that aligns with their tastes and interests. Failure to provide
these can result in citizen dissatisfaction. Missed opportunities could come
in the form of development projects that fall short of the community’s
expectations, if the types of development that the Town is planning do not
occur at the scale, quality, or rate that is predicted, or when projects locate
just outside the Town limits. The desire for a full service, upper end
grocery store currently is a good example.
Rapid development can easily lead to reactionary planning and
administrative processes. The responsibility of juggling heavy caseloads
and high volumes of permitting, zoning and subdivision applications could
interfere with initiating corrective zoning measures until, of course, a
development application is filed for a use that is undesirable at a particular
location. Incorporating a specific plan implementation strategy into
departmental work programs will assist staff in effectively guiding future
development while managing current development review cycles. Town
staff and elected and appointed officials must not practice exclusionary
planning by only responding to development requests on a case by case
basis without regard to big picture thinking. Similarly, a community can
become paralyzed by only knowing what it does not want.
Like the Town of Prosper, the Prosper Independent School District faces
challenges associated with accommodating rapid growth. If the school
district is not able to provide an adequate supply of quality schools and
teachers, residents and high quality land uses most likely will not be
attracted to the community. It is vital that there is an open and continuous
dialogue with the school district regarding land use assumptions and
population projections in order to adequately predict student population
growth. As witnessed in many communities and especially lately in Frisco,
locating new schools and changing attendance zones can create
community stresses that can spill into municipal activities, too.
The high density residential components of proposed mixed-use projects,
for instance, require additional study to better understand how such land
uses will factor into future student population projections. Typically, mixed-
use projects attract households with fewer school aged children, but that
assumption may be offset by Prosper’s exurban location. A collaborative
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relationship with the school district is key to understanding how the
proposed growth scenario and Future Land Use Plan will impact the
student population and facility needs for the school district.
Consideration of the tenure of citizens who participated in the planning
process is necessary. The assumption is that the most of the active
community leaders are newcomers that moved to Prosper within the last
ten years or so. Sometimes residents of changing communities are
excited and eager for new development to occur. Other times, residents
seem more apprehensive about change. It is also interesting to consider
that the opinions of long-time residents may differ from those of newer
community members. It might prove useful to track the changing opinions
of residents over time. A community survey provides a method for
establishing benchmarks that describe current opinions and identifying
potential changes in attitude about development and land use. Monitoring
changing attitudes about important issues will allow for those topics to be
more easily accommodated by future planning processes.
Although Prosper welcomes many new residents each year, long-term
residents of the community may serve as an important community
resource. Given Prosper’s rural farming roots, families with generational
ties to the community would be expected to have large land holdings with
significant acres of contiguous land for development. Perhaps a historic
Prosper family could be motivated to participate actively in planning and
development issues with the intent of creating a legacy project within the
Town. A consideration of the eagerness on the part of homeowners as
well as specific segments of the community for new development projects
may assist the Town in prioritizing implementation strategies.
Another area of concern relates to the large number of Planned
Development (PD) Districts that were enacted several years ago but never
developed. It is possible that some of the older PD Districts reflect
development proposals that are out-of-date, no longer appropriate, or not
feasible given current market conditions. In addition, these outdated PD
Districts complicate population and land use projections. If the proposed
densities are no longer realistic, the assumptions used for planning Town
services and the ultimate land use mix is skewed, and the results are less
accurate. If the development proposals outlined within the adopted PD
Districts are no longer desirable, implementation of the community vision
is certainly more challenging. Although a difficult task, renegotiating these
agreements must be explored.
The first step would be a general assessment of the risks and rewards
associated with individual agreements. Obviously, the legal implications of
renegotiating previously approved zoning conditions would need to be
considered as well as the impact that this initiative would have on Town’s
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reputation and perception by the real estate community. If the decision to
re-evaluate existing PD Districts is made, a process approach could be
based on the age of the PD District, the location, the density, or some
other criteria that would allow for a prioritization of the sites rather than
tackling all of the PD Districts at one time. Discussions to determine the
appropriate strategy should involve representatives from the Town’s
administrative team, planning department, and Town council.
Community Vision - The visioning process utilized an appointed advisory
committee of residents and business owners, some with past or present Council
experience. The public participation process resulted in the generation of six
community goals. The common theme of these goals is a dichotomy of preparing
for high-quality growth while maintaining a rural, small-town image.
Opportunities
Establishing a community’s vision for the future is a difficult task. It is easy
for people to describe what they do not like, but imagining development
types that are attractive, functional, and feasible is a much harder
exercise.
Perhaps even more valuable than the adoption of a comprehensive plan is
the process of planning itself. As a community, working through the steps
necessary to produce a comprehensive plan establishes communication
channels between residents and businesses, and the elected officials and
staff who work to serve the needs of the community. Participating in a
planning process focuses attention on the concerns of the community, and
establishes a common ground for understanding existing conditions and
the direction in which the community is headed. Maintaining this ethos
after adoption is challenging and rarely occurs.
In addition to the residents and business owners that participated in the
planning process, the Plan mentions attendance by representatives of the
development community at Comprehensive Plan Advisory Committee
meetings. If representatives were active participants in the planning
process and not merely observers attending on behalf of real estate
interests, those people may be key to opening a dialogue with specific
developers interested in participating in future plan implementation
projects. The Prosper Developers Council is an appropriate avenue for
pursuing this dialogue.
8
As with any plan, development proposals that are inconsistent with the
Comprehensive Plan and Future Land Use Plan will be encountered. The
Plan should guide the decision-making process, but as a guide it is not
inflexible. The Plan suggests several questions to consider when
evaluating a development that does not reflect the Future Land Use Plan.
In such instances, the additional evaluation may result in a higher and
better use than originally envisioned for that specific location. Market
conditions and real estate opportunities will lead to adjustments to the
Plan. It is appropriate for a comprehensive plan to be flexible when well
justified and based on reasons that are supported by the planning process
including a good understanding of new opportunities, existing conditions,
market shifts, and the intent of the community.
Threats
Using photographs to facilitate discussion during a visioning process is a
common exercise, but there is concern with the results of the Visual
Character Survey. Focusing too much attention on pictures of what has
worked well in other communities may not be an appropriate method for
determining the most appropriate use for Prosper. It also fails to fully take
into account changes in the market, especially with respect to retail. It
could be perceived as an exercise in identifying what is popular at the
moment and not what is best or even realistic. It is important for the
community to evolve into something genuine that establishes the Town’s
market niche rather than copy another community’s success story.
Otherwise, the Town becomes “Disney-like” and never creates its own
identity. Even worse, the community loses the character that makes it
special to residents and visitors and becomes “just another bedroom
suburb.”
Another issue with the Community Vision is that it is unclear how the
participants envision maintaining a small town feel as the community
braces for continued rapid growth and proposed large scale retail and
mixed-use development projects. For example, not enough parking
downtown is often a characteristic of small towns, but it is unlikely that is
the kind of small town feel that Plan participants envision or that national
retailers would accept. Future revisions to the Plan should clarify the intent
of statements describing a small town feel to avoid sounding like the
community is against development.
Protecting the quality and integrity of Prosper’s neighborhoods is
interpreted to mean that single-family residential uses should be protected
from impact by non-residential land uses. Zoning is a tool for separating
incompatible land uses and mitigating potential conflicts between uses,
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but zoning is only effective if it avoids land use conflicts before the conflict
is created. With approximately eighty percent of the Town’s land
undeveloped, new development cannot avoid changing the Town’s
landscape, which in some cases will impact existing neighborhoods. The
open fields and ranches that exist today will eventually develop. In fact,
the future prosperity of the Town depends on it. If the proposed future
development does not occur, the Town will have an insufficient tax base,
resulting in lesser Town services and ultimately reduced home values and
an exodus of well-paid and well-educated professionals. The economic
strength of the Town is dependent on a tax base of both residential and
non-residential uses. Citizens must recognize that undeveloped tracts will
eventually undergo development, and Town leaders have the difficult task
of tempering citizen comments with the need for a balanced tax base.
Ultimately, achieving the community’s vision of high quality development
depends on having the tools (zoning and development standards) that
prohibit undesirable uses or uses at the wrong location. Proper zoning
encourages desirable development patterns by controlling uses and
providing confidence in the compatibility of future development. The
Town’s experienced staff and a well trained, long-tenured, largely
apolitical Planning and Zoning Commission provide components to
resolving zoning and land use issues and preparing for future
development opportunities. Cultivating institutional knowledge of these
issues is critical.
Community Character - This section provides definitions, descriptions, analysis,
and images of land use recommendations proposed on the Future Land Use
Plan. The residential density ranges within the Prosper Comprehensive Plan are
much less dense than densities traditionally described in other communities. This
is reflective of Prosper’s character, and the Town’s desire to preserve that
characteristic. It may, however, result in higher per capita costs for basic
municipal services, including water, sanitary sewer, storm sewer, and garbage
collection.
However, for a community with a strong low density rural vision the Plan
recommends a significant amount of multifamily within mixed-use developments.
These areas are not located near employment centers, an urban core, transit or
other uses that traditionally encourage multifamily and mixed-use projects.
Typically, mixed-use projects offer a solution for bringing together residents and
businesses within a compact environment that is influenced by high land prices
or limited land availability. Presently, these market forces do not exist in Prosper.
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Opportunities
The character of Prosper’s large lot, single-family residential subdivisions
is well established, but there is an opportunity to promote housing options
that meet the needs of residents with different housing preferences. This
can complement and enhance large lot subdivisions, not marginalize
them. The community should recognize that not everyone wants or needs
a large home on a large lot. For example, grandparents of Prosper
residents, young adults returning from college, service professionals such
as teachers, police officers, and fire fighters all contribute to a healthy
community, but the size and maintenance requirements of a large home
and a large lot may not be desirable. Similarly, the housing needs of
people change over time. Ideally, there would be alternatives within the
community that would be attractive to current residents as they age or as
their needs change.
The proposed Town Center District that includes public space, existing
structures, and future large-scale mixed-use development seems an ideal
solution for bringing together the community’s desire for social spaces in
which to interact and enjoy a small town atmosphere. This area is located
within Tax Increment Reinvestment Zone (TIRZ) Number 1, which
provides additional funding alternatives for public infrastructure
improvements and community enhancements.
Threats
The biggest obstacles to achieving a community characterized by high
quality development is being unrealistic about what is feasible or
perceiving a development proposal as being high quality when it is not.
The Plan’s emphasis on mixed-use and loft-style apartments seems
unrealistic until additional single-family styles of housing are developed
that provide additional rooftops and heighten the demand on undeveloped
tracts.
Although ironic given the desire for large lots, vertical mixed-use is
indicated as being preferred over horizontal mixed-use by Prosper
residents. Sometimes communities realize too late in the development
process that existing codes are not conducive to mixed-use projects. It is
important to confirm that the Town’s Building Code and Fire Code will
accommodate residential and non-residential uses within the same
building.
Zoning and development regulations should be in place that will
encourage development projects proposed for corridor districts, not just
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prohibit unwanted development. The mid-rise office buildings and mixed-
use loft-style apartments with parking garages described in the Plan may
not be a developer’s first choice with such an abundance of land available
for development. Although structured parking offers many benefits over
surface parking lots such as better walkability, reduced heat island effect,
and lower stormwater run-off, market prices may not allow for a
development to recoup the cost of structured parking, which is generally
about four times the cost of surface parking. Development incentives or
other tools for discouraging more traditional suburban products that are
less expensive to develop may be needed. Examples of ways to
incentivize structured parking within mixed-use developments include
offering a density bonus that allows a developer to provide additional
square footage, building height, or residential units to offset the cost of
structured parking, or allowing for a reduction in the number of required
off-street parking spaces when a portion of on-street parking is available
within a mixed-use scenario.
The Plan proposes livability guidelines that include a recommendation to
provide for a range of housing types in Prosper. Except for the overview of
housing types provided within this section, most of the emphasis is placed
on large lot homes and mixed-use loft-style apartments within special
corridor districts. More emphasis on accommodating other types of single-
family residential housing styles such as patio homes and zero lot line
homes will help realize the “livability” objectives outlined in the Plan. The
US 380 and Town Center Districts support these uses, and when located
within appropriate areas these residential options allow efficient use of the
land, without sacrificing quality.
A disproportionate amount of large lot subdivisions results in a uniformity
of land uses, and it allows fewer housing options for entry-level buyers,
young couples, empty-nesters, or older residents. If the assumption is that
most residents within subdivisions comprised of lots over 10,000 square
feet are members of households with school-age children, then the result
is a community without much range in age among property owners. As
these households become empty-nesters themselves, this could have a
significant financial impact as many residents age out of their homes or
the school district at about the same time, which may negatively impact
property maintenance, tax revenues, and school bond referendums.
Furthermore, large lot subdivisions can contribute to poor connectivity
issues, if the design isolates areas from other neighborhoods, schools,
parks, and services, and it requires residents to rely on the use of
automobiles. Youth and elderly populations in particular benefit from safe
and effective non-auto related transportation alternatives. A reliance on
the automobile creates an auto-centric community that needs large
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parking areas and encourages auto-oriented land uses such as fast food
restaurants.
The proposed 5,000 units of high density residential use will complement
the lower density residential developments, while mitigating some of the
negative impacts commonly associated with sprawl. As development
occurs, it is appropriate for the Town to re-evaluate the target proportion of
residential densities, and if necessary adjust the proposed Future Land
Use Plan to encourage a healthy local economy.
In addition to residential character, there exist vulnerabilities to the
character of nonresidential development. The community wants to
discourage cookie-cutter strip development patterns. Therefore, it must
regulate proper design and building orientation. Further, future Town
facilities must be constructed at high levels of execution. The Town must
set a standard of good development as future public projects are realized.
Land use is the product of both form and function. Building design and
orientation of shopping center developments throughout the Town should
give consideration to establishing a proper interface with residential
developments if the high quality retail development products proposed in
the Plan are to be realized. Emphasis should not be given to particular
tenants, which may change over time.
Transportation Plan - The basis for this Plan section is the 2010 Thoroughfare
Plan, which establishes a traditional grid network for the Town. Fundamental to
this approach is the identification of key corridors within the community. Specific
north-south and east-west roadways are identified by name.
Opportunities
In general, projections for the 2035 traffic volumes indicate that all
proposed 2035 roads within the Town are forecasted to operate at
acceptable levels of service with the exception of Preston Road and US
380. The anticipation of future issues with these roadways will encourage
the Town to make necessary improvements. Prosper is fortunate in that it
benefits from other planning initiatives including North Central Texas
Council of Governments (NCTCOG) regional studies and plans as well as
the Collin County Mobility Plan.
In addition to the street system, the Parks Plan proposes a trail system
that is recognized as important from both a mobility standpoint and a
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recreational standpoint. Parkland dedication requirements seem to be an
effective tool that allows for the Town to adequately prepare for extensions
to the trail system.
Threats
Consistency between local and regional transportation plans is important
in order to better compete for federal transportation funds. It is key for the
Town to have representation at regional planning initiatives to avoid
inconsistencies at the regional and local planning levels. Validation of local
projects by regional plans may help secure funding opportunities.
Limitations on federal transportation funds that impact state and regional
transportation budgets may affect the timing of improvements that are
necessary in order to maintain traffic flow at adequate levels of service
throughout Town. It is important to consider how the Town might be
impacted by national funding issues, and then seek solutions that reduce
reliance on outside government sources for infrastructure improvements.
Economic Analysis - Provides a financial justification for future land use
recommendations provided in the plan. The analysis calculates future retail
demand based on current household spending estimates and land use capacity
projections, although not all retail zoning will necessarily result in retail
development. Those estimates are then used to compare projected sales tax and
ad valorem tax revenues with estimated per capita expenditures.
Opportunities
The Plan provides for more than enough land to accommodate retail
demand. However, an overabundance of retail use should be avoided.
Nodal retail activity should be concentrated at primary intersections, and
the “four corner” principle should be avoided to reduce the possibility of an
oversupply of retail acreage. The challenge is determining and
encouraging appropriate development at the other corners of an
intersection. Recognize that Prosper’s traditional large-lot neighborhoods
may not be appropriate at these locations because of incompatible rear
yards and other site design issues. Other single-family residential styles or
institutional uses, however, may complement non-residential uses quite
well.
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The economic analysis discusses the Town’s ultimate sales tax potential
being dependent on the ability to attract high quality retail establishments
that provide a regional destination. It might be beneficial to identify where
regional shoppers will be drawn from since there is an abundance of retail
destinations located within communities to the south and east.
Determining the needs of future shoppers may help Prosper identify a
niche within the region.
Threats
Current zoning allows for approximately 2,900 acres of retail use.
However, the economic analysis recommends 346 acres of retail use at
build-out, while the Future Land Use Plan accommodates an estimated
757 acres of retail use. The assumptions used for these analyses should
be revisited often and adjusted accordingly, which will provide greater
confidence in the land use recommendations of the Plan. Placing too
much confidence in the ultimate “Tax Gap Surplus” estimates should be
avoided. Consequences of an oversupply of retail could include vacant,
underutilized land, lower rental rates leading to undesirable uses,
pressures for more multifamily residential uses, and blighted corridors.
Prosper, like other communities, must stay aware of the changing
landscape of retail in America. With increases in online shopping showing
no sign of reversing, it is reasonable to expect that there will be less of an
emphasis on traditional brick-and-mortar stores. Many large retailers are
not only reducing the number of new store openings, but some retailers
also plan to close large numbers of underperforming stores. As online
retailing continues to reduce the need to develop physical store locations,
more attention should be paid to encouraging development of other types
of non-residential uses.
The Plan fails to assess Frisco’s regional retail hub status. Prosper must
balance skepticism and optimism when it comes to retail development.
The previous cycles experienced by Plano, Allen, and Frisco may or may
not be applicable to Prosper. The commercial sector has witnessed a
paradigm shift in many regards. These must be accounted for and
constantly monitored. Town staff must work outside of a silo and be
interactive and cooperative with economic development to evaluate
shifting trends. The Town of Prosper should embrace that a paucity of
retail creates a better and more competitive environment. By creating a
market cascade, where citizens see a thriving and busy center, the Town
could prosper from less retail space, rather than more. Too much retail
dilutes the pool of attractive users.
15
It is important to give careful consideration to promoting retail uses at the
right locations. Following the laws of supply and demand, an
overabundance of retail use should be avoided in order to keep the values
and quality of development high. This is particularly important as retail
continues to evolve in response to the growing online retail market.
However, the demand for perishable food goods and localized personal
services cannot be fully replaced by Internet shopping. Prosper residents
identified an upscale grocery store as one of their top priorities along
Preston Road, which will reduce the amount of sales tax dollars that Town
residents divert to other communities and instead allow that revenue to
serve the growing Town.
The Dallas-Fort Worth market has climbed above 90 percent occupancy
for retail in shopping centers with 25,000 square feet or more for the first
time since 2004. While this is a positive sign, it is not, however, a trend.
One reason shopping centers in the region are on the upswing is a
dramatic increase in multifamily. The Town needs to evaluate the role high
density residential use plays in shaping and assisting retail. Should the
Town not participate in this trend, it may find that retail will be harder to
attract. At the very least, Prosper must realize there are few anchor
tenants active in the market and municipalities face an unrivaled buyer’s
market. The recent feeding frenzy by cities to attract Nebraska Furniture
Mart illustrates this trend. The Colony finally landed the furniture
behemoth only after an unprecedented package of economic incentives.
Municipalities also need to watch emerging changes in restaurants.
Casual dining concepts struggled prior to the recession and continue to
post marginal numbers. Municipalities must take seriously the idea of
pushing consumers to key locations. This helps all retailers and allows for
combined trips.
The City of Plano, for instance, suffers from having too much retail. A
study they commissioned after the turn of the century focuses on
attracting new tenants to existing spaces that are unoccupied. Planning
departments must constantly update studies and stay timely. Moreover,
staff cannot stand by without regard to changing markets without the
market skipping the municipality for the neighboring jurisdictions.
The Town must also evaluate the effectiveness of other retail in the area,
especially that of Frisco. The proximity to Frisco and its many destination
locations may make large-scale retail less likely. As such, retail should be
located at key locations that are immune to outside retail interference.
Prosper should see that Frisco has done a sound job of attracting high
quality retail anchors, including ones, like IKEA, that is one of only three
stores in Texas and the only store of that brand located within the region.
Likewise, Frisco has a thriving mall, and the entertainment options are
16
unrivaled in the state for a city its size. As such, Prosper must realize that
Frisco is a regional shopping hub that will cause competition for
commercial tracts. Although in a general sense, there seems to be a
strong indication that perhaps too much real estate is zoned for retail use,
the importance of directing retail of the right type to the best location
cannot be overstated.
Infrastructure Assessment - Refers to previous planning studies conducted by
Freese and Nichols, Inc. In 2006, an in-depth analysis of water and wastewater
needs was completed, and an update to the Water and Wastewater Capital
Improvement Plans were completed in conjunction with an Impact Fee Update in
2011. In 2010, the Town’s drainage system was assessed as part of the
Drainage Utility System Fee Development Report.
Opportunities
The most critical issues identified in the Plan have since been addressed
including the implementation of the new Upper Trinity Regional Water
District delivery point on the west side of Town, and the adoption of the
Upper Trinity Regional Water District agreement. These enhancements to
the water and wastewater system reduce maintenance and operating
costs, while preparing the Town to meet the demands of future growth.
By monitoring population growth, the future applicability of federal storm
water quality regulations (Phase II MS4) that would require additional
water quality protections for creeks and lakes should be anticipated and
planned for. The year that regulations will take effect can be estimated
based on population growth and TCEQ requirements. The Town should
develop a Comprehensive Drainage and Utility System Master Plan to
facilitate continued success in meeting the infrastructure needs for the
Town of Prosper. It may also be appropriate to include stormwater
protection measures in the Subdivision Ordinance, and implement a
stormwater quality management plan.
Threats
A potential issue identified in the Plan is that the North Texas Municipal
Water District (NTMWD) delivery point within the southeast portion of the
Town is the only existing treated water delivery point. There are no
emergency water connections with surrounding communities. This issue
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will be addressed in 2021 when the NTMWD North Water Treatment
Plant: 2nd High Service Pump Station is anticipated to be completed and
in service along with the necessary pipeline to provide Prosper with a
second point of delivery.
Typically, large lot residential neighborhoods create additional stresses on
a water supply. The Town may need to develop special programs for
accommodating the needs of these residential uses. Because Prosper’s
residential lot sizes are larger than traditional lots within other
communities, adjustments to water modeling and utility planning
methodologies may be required. Reliance on only large lot subdivisions
could have a negative impact as North Texas grapples with growing water
supply concerns.
Implementation Plan - Provides a list of objectives related to the six goals
identified in the Community Vision section of the Comprehensive Plan. The
objectives are intended to provide direction towards achieving the ultimate vision
for the Town.
Opportunities
This section recognizes the need to revise the zoning map and zoning
ordinance to be consistent with the land use recommendations of the
Comprehensive Plan. It also suggests that zoning text amendments may
also be in order.
Offering incentives to property owners in order to rezone vulnerable sites
may be a way of bringing property owners to the table to negotiate zoning
changes. Conversations with other developers might be helpful in
formulating such a strategy.
Threats
Although the objectives are intended as methods for Plan implementation,
the objectives are perceived as being incomplete. No target start dates or
completion dates are assigned to the objectives, and no project
champions are identified.
Many of the objectives require additional research and collaboration with
supporting entities such as the Economic Development Partnership and
18
the Prosper Independent School District to develop a unified action plan
for implementation.
Overall, the Comprehensive Plan serves as a reasonable guide for basing
land use decisions. In general, the most significant areas of concern
include an abundance of zoning for land uses not compatible with the
Plan, a gap in single-family residential options, and potential inaccuracies
in the assumptions used to validate the land use recommendations due to
the effects of a shifting retail economy.
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Recommendations
The following is a discussion of recommendations for addressing the most
significant obstacles to achieving the goals and objectives of the Comprehensive
Plan. Many of the recommendations relate to rezoning, which is often a difficult
and contentious issue since property rights and property values are involved.
Fortunately, the Town’s Zoning Ordinance, as updated in May 2005 and with
minor amendments in November 2011, appears user-friendly and is easy to
understand. The zoning regulations are modern, relevant, and appropriate so the
recommendations provided relate more to the zoning district assigned to
properties, rather than the appropriateness of the regulations within districts.
Without proper zoning in place, the Town is vulnerable to incompatible
development patterns. A citywide zoning change evaluation is not necessarily
feasible or recommended. An update to the Zoning Map should be done by
breaking the task into smaller study areas that include Planned Development
negotiations and revisions, straight zoning changes, modifications to
development standards, and zoning text amendments.
Recommendation: Revise the current Zoning Map to be
consistent with the Future Land Use Plan.
The first step in this process is a thorough comparison of existing zoning and
proposed land uses to identify target areas in which discrepancies exist between
the two. Many of the discrepancies between the Zoning Map and Future Land
Use Plan are a function of the Agricultural (A) District zoning that is also used as
a holding district after an annexation and prior to establishing zoning for
development. Agricultural zoned properties are the lowest priority for a Town-
initiated zoning change because development options on these sites are limited.
However, opportunities may exist in which rezoning an Agricultural District could
provide an incentive for a property owner to rezone another site.
Identifying discrepancies between the zoning and proposed future land use
within Planned Development Districts will require additional effort. First, Districts
for which no development has occurred must be identified. If the Planned
Development District is older than five years, there may be an opportunity to
revise the conceptual development plan if the proposed development is no longer
valid. Consideration should be given to the validity of the conceptual plan by
evaluating the compatibility of the proposal with current conditions including the
recommendations of the Comprehensive Plan. Consulting with other staff
members, property owners, design engineers, and economic development
experts may assist in determining if a project is still active or if it has been
declared dead. If the project is not deemed dead but just delayed, evaluate the
probability of development occurring within the next year versus a later planning
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horizon. Soliciting input from experts in the real estate community could assist in
determining the timing of projects.
Section 24.5 of the Zoning Ordinance provides, “If no development has occurred
in the PD District within five (5) years from the date of adoption of the granting
ordinance, the Planning & Zoning Commission and Town Council may review the
original conceptual development plan to ensure its continued validity. If the Town
determines the concept is not valid, a new conceptual development plan shall be
approved prior to the Town issuing a building permit for any portion of the PD
District.” This provision justifies further study of existing zoning, which may
prompt pursuit of Town-initiated rezoning considerations.
If the PD no longer meets the land use objectives outlined in the Comprehensive
Plan, explore opportunities to modify the zoning. A Town policy for reevaluating
PD Districts older than five years may need to be formalized. The plan review
and building permit process may provide a method for stalling a project and
requiring revisions to a proposed development before it is constructed, but ideally
such measures would not be necessary.
From a developer’s perspective, stopping development at the permit phase is an
expensive and unexpected hurdle since pro forma, development plans, and
engineering drawings would be based on the requirements of a previously
adopted PD District. If a scenario occurred in which a developer resumed a
project that was on hold but had an approved PD District and spent considerable
dollars on engineering plans only to find out that the PD District expired, the
Town’s reputation within the development community could be harmed. A better
approach is to work with property owners and economic development partners to
implement a project that pleases the property owner and aligns with the
Comprehensive Plan.
The special districts identified in the Plan include the Old Town District, the
Tollway District and the US 380 District. Zoning regulations and development
standards that are tailored to the Old Town District have been adopted and
should continue to be applied as new development or redevelopment occurs.
This model could also be applied to the US 380 and Tollway Districts.
Recommendation: Facilitate desired development
patterns within the Town’s corridor districts by ensuring
that zoning regulations encourage desired development
and prohibit undesirable products.
Priority should be given to ensuring appropriate development along the US 380
corridor. This corridor is comprised of several PD Districts, some of which date
back to 2000. Areas not zoned PD District are for the most part zoned
Commercial or Agricultural District. Ensuring high-quality development along this
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corridor is important because it has high development potential, serves as a
gateway to the Town, and establishes the first impression of the community.
One approach that could be used to address the zoning and development issues
within the US 380 corridor is to develop a master plan that would allow for a
coordinated approach to transportation flow, infrastructure improvements, site
access, and urban design objectives. It would also provide an opportunity to
solidify the branding theme and gateway entry treatments for the Town.
A form-based code for all or part of this corridor is another alternative to explore.
Form-based codes provide greater flexibility with respect to use while placing a
greater emphasis on design. An advantage of this tool is that it provides
predictable products. The premise is to provide land use controls through
regulation of the physical form, rather than separation of uses. This approach
seems particularly appropriate for mixed-use applications. Form-based codes are
regulations. Therefore, more development control is provided than those offered
by design guidelines or recommendations from planning documents.
Typically, form-based codes address the relationship between building facades
and the public realm, the form and mass of buildings in relation to one another,
and the scale and types of streets and blocks. The regulations are usually
presented with written descriptions and diagrams that relate to a specific plan
and design character. Many examples of form-based codes exist, providing
plenty of resources for additional consideration if appropriate.
Planning activities and particularly rezoning initiatives within this corridor should
strive to be collaborative efforts. The Economic Development Corporation could
be a resource in the process as well as other experts in the real estate arena.
Opportunities for collaboration with property owners should be encouraged.
Although a time-consuming and delicate process, consulting with property
owners about their development objectives allows for better understanding and
perhaps recognition of common ground so that opportunities for mutual benefit
can be explored. These meetings are not intended for a public forum. Meetings
will be more effective if conducted privately between individual property owners,
members of their development team and representatives from the Town. Part of
the strategy includes identifying incentives that would drive desirable density and
development activities to the corridor districts.
Sometimes traditional zoning ordinances and building codes result in unintended
consequences or create challenges as mixed-use projects strive to meet
development regulations. Encouraging mixed-use may require additional Town
focus and new initiatives. These efforts may result in a new category within the
Zoning Ordinance, a policy paper to guide developers, and/or a tool for
evaluating mixed-use districts.
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Recommendation: Conduct a mixed-use development
study to ensure that current zoning regulations and
Town policies allow for mixed-use development
opportunities without over-saturating the market.
Preparing for the eventual consideration of mixed-use projects now will help
reviewers ensure that Fire Department policies and design requirements are
accommodated and Building Code issues are properly understood, while
maintaining reasonable review cycles. Researching vertical and horizontal
mixed-use regulations from other municipalities may provide an overview of
typical requirements. In addition, consulting with planning staff from other
communities and developers of mixed-use projects provides insight into lessons
learned from their experiences, and that knowledge can be incorporated into the
Town’s policies.
Because mixed-use projects will likely merit specially tailored zoning in the form
of a planned development district, amendments to the permitted use chart are
not necessary. However, adding a definition for “mixed-use,” “loft-style
apartment,” and other uses proposed in the Plan but not specifically addressed in
the Zoning Ordinance may be helpful as the Town prepares for development of
these land uses.
Recommendation: Establish a community benchmark
questionnaire that helps planners understand how
residents and their opinions change over time.
With record setting permit activity for single-family homes showing no signs of
slowing, Prosper will continue to welcome many newcomers. For planning
purposes, it would be useful to understand better household size, where
residents work, what type of work they do, what direction they commute, what
goods and services come from outside the community, shopping habits, and
level of satisfaction with the Town.
Establishing a quality questionnaire and survey methodology will require time
and research. It is important that questions are relevant and worth tracking. The
creation of a community profile will assist future planning efforts, particularly as
the population increases and changes.
If retail trends that have led to declining store openings and the closing of
existing stores continue, the surveys will provide an opportunity to identify
alternative uses for land that was previously designated for retail use. The Town
should incorporate the timing of citizen surveys with reviews of the
Comprehensive Plan to identify potential small planning studies for further
improvement of the Town’s development climate.
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Recommendation: Initiate a planning study of the
Downtown District, and develop a Town Center Master
Plan.
Exploring in greater detail opportunities for future development such as various
types of single-family residential housing styles, mixed-use, and the Town Center
District would be beneficial. A master plan or planning study that is specific to
downtown opportunities would provide a better understanding of the long-range
objectives for this area and help maximize the economic and cultural
opportunities associated with development in this area of Town.
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