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04.30.2014 Town Council Work Session Packet Page 1 of 2 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Receive a presentation from Blue Star Land and discuss the Gates of Prosper and Villages of Star Trail zoning applications. 3. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 3a. Section 551.087 - To discuss and consider economic development incentives. 3b. Section 551.072 - To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 3c. Section 551.074. - To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment, Construction Board of Appeals, and Library Board. 4. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 5. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at the Town Hall of Prosper, Texas, 121 W. Broadway Street, Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on the following date and time: On April 25, 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 If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town should be held or is required, then such closed or executive meeting or session or consultation with the attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq., will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or AGENDA Prosper Town Council Work Session Prosper High School Cafeteria 301 Eagle Drive, Prosper, Texas Wednesday, April 30, 2014 6:00 p.m. Page 2 of 2 executive meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code: §551.071 - Consultation with the attorney/special counsel for the Town. §551.072 - Discussion regarding the purchase, exchange, lease or value of real property. §551.074 - Discussion regarding personnel matters. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper Staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary’s Office at (972) 569-1011. BRAILLE IS NOT AVAILABLE. To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 30, 2014 Agenda Item: Receive a presentation from Blue Star Land and discuss the Gates of Prosper and Villages of Star Trail zoning applications. Description of Agenda Item: Blue Star Land has requested a work session with the Town Council to present and discuss the Gates of Prosper and Villages of Star Trail zoning applications. The public hearings for the zoning requests are currently scheduled to be held at the May 13, 2014 Town Council meeting. Town staff has attached the reports and attachments from the April 15, 2014 Planning & Zoning Commission meeting for your review. Attached Documents: 1. Gates of Prosper staff report and attachments. 2. Villages of Star Trail staff report and attachments. 3. Draft minutes from the April 15, 2014 Planning & Zoning Commission meeting. Town Staff Recommendation: Town staff recommends the Town Council receive a presentation from Blue Star Land and discuss the Gates of Prosper and Villages of Star Trail zoning applications. Prosper is a place where everyone matters. PLANNING Agenda Item No. 5 - Page 1 of 10 To: Planning & Zoning Commission From: Chris Copple, Director of Development Services Through: Hulon T. Webb, Jr., P.E., Executive Director of Development and Community Services Re: Planning & Zoning Commission Meeting – April 15, 2014 Agenda Item: Consider and act upon a request to rezone 621.1± acres, located on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family-15 (SF-15) to Planned Development-Single Family- 10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C). (Z09-0013). History: The Planning & Zoning Commission held the required public hearing at the April 1, 2014 meeting. After discussing the item, the Planning & Zoning Commission tabled the item to April 15, 2014 to allow time for Commissioners to send comments to Town staff, so those comments could be compiled into one set of comments to be emailed to the applicant. The comments were emailed to the applicant on April 8, 2014 and are attached for your review. The applicant has submitted revised zoning exhibits in a redline format and a clean (blackline) format (see attached). The revised zoning exhibits: 1. Address all of Town staff’s recommended conditions of approval from the April 1, 2014 staff report. Town staff’s recommendation has been revised to reflect these changes. 2. Limit the area that stand-alone multifamily units may be constructed in Subdistrict 2 and 3. (Exhibit C, Section 3.4(7)) 3. Include additional language describing the purpose of the conceptual renderings and photographs included in Exhibit C. 4. Revise Exhibit C, Section 4.2.3 to apply the maximum number of 300 residential dwelling units allowed within Subdistrict 3 to multifamily only (previously applied to multifamily and townhomes units). 5. Include language clarifying that Alcohol Sales shall comply with all the conditional standards in the Town’s Zoning Ordinance as it exists or may be amended. (Exhibit C, Section 6.7) Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Prosper is a place where everyone matters. PLANNING Agenda Item No. 5 - Page 2 of 10 Zoning Current Land Use Future Land Use Plan Subject Property Agricultural, Single Family-15, PD-2-Corridor, PD-3-Single Family/ Multifamily/Retail/Commercial/ Office, and PD-13-Retail Undeveloped Town Center North Single Family-15, Downtown Commercial, Downtown Office, Commercial, PD-3-Retail, PD- 7-Retail, and PD-17-Retail. Undeveloped, Single Family Residential, Commercial, Office, House of Worship, Municipal Utility, and Elementary School Old Town Core District/Retail and Neighborhood Services/Business Park East PD-2-Single Family-10, PD-3- Retail, and PD-27- Retail/Commercial Corridor Single Family Residential (Willow Ridge) and Undeveloped Medium Density Residential and U.S. 380 District South City of Frisco Undeveloped City of Frisco West Single Family-15 and PD-42- Commercial/Commercial Corridor Commercial and Undeveloped Tollway District Existing Zoning: The property is currently zoned Agricultural, Single Family-15, PD-2-Corridor, PD-3-Single Family/Multifamily/Retail/Commercial/Office, and PD-13-Retail. PD-2, PD-3, and PD-13 are attached for your review. The majority of the area is located within PD-3 and PD-13. The existing zoning primarily allows for office/retail/commercial uses in areas shown as red on the attached zoning map and the list of permitted uses is extensive. The existing zoning also allows for industrial uses in the areas shown as purple, single family residential uses in the area shown as yellow and multifamily units in the area shown as orange on the attached zoning map. The PD-3-Single Family district is located south and west of Rucker Elementary and First Baptist. The zoning allows for a maximum of 220 dwelling units at 3.7 units per acre, but 90% of the lots shall be a minimum of 10,000 square feet. The district allows up to 10% patio homes (5,000 square foot lots). The PD-3-Multifamily district is located on two tracts, one east of Preston and one west of Preston (areas shown in orange). The zoning allows for 504 garden style dwelling units at 15 units per acre. Development of the multifamily cannot begin until the single family is developed Agenda Item No. 5 - Page 3 of 10 and a minimum of 6 acres of retail/commercial development has commenced. The zoning also allows for the development of single family homes, townhomes, retirement housing, church, private recreation center, daycare, or school in the multifamily tract. The PD-3 and PD-13 nonresidential standards for the commercial and industrial areas allow for the use of wood as a primary, exterior building material, limited to 25%. This is not in conformance with the Town’s Zoning Ordinance. In addition, the list of permitted commercial and industrial uses in the existing PD is extensive. Proposed Zoning: The PD creates 4 subdistricts, as shown on Exhibit A. The subdistricts are: 1. Subdistrict 1 (Regional Retail): Tract 1A is the area along the east side of Preston Road bounded by US 380 to the south, First Street to the north and future Lovers Lane to the east. Tract 1A also includes the area along the west side of Preston Road bounded by future Richland Boulevard to the south, future Lovers Lane to the north and Coleman Street to the west. Tract 1B is the area along the east side of Preston Road bounded by Willow Ridge to the south and east, First Street to the north and Craig Street to the west. 2. Subdistrict 2 (Lifestyle Center): This is the area along the west side of Preston Road bounded by US 380 to the south, future Richland Boulevard and future Lovers Lane to the north, Burlington Northern Santa Fe Railroad to the west and Coleman Street and Preston Road to the east. 3. Subdistrict 3 (Downtown Center): This area is north of Subdistrict 2 and is bounded by future Lovers Lane to the south, First Street to the north, Coleman Street to the east and the limits of the property west of the Burlington Northern Santa Fe Railroad. 4. Subdistrict 4 (Residential Neighborhood): This is the area west of Preston Road bounded by future Lovers Lane to the south, Coleman Street to the west and the limits of the property to the north adjacent to Rucker Elementary. Subdistrict 1 – Regional Retail – Shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses, including large scale big box retailers. The maximum building height is 2 stories (40 feet). The permitted building materials and architectural standards are generally consistent with the Town’s Zoning Ordinance. The proposed PD includes conceptual architectural renderings, which are representative of the material architectural elements that are intended to be incorporated into the proposed retail development, but the renderings are provided for illustrative purposes and are not intended to be interpreted as exact representations of the proposed development. Subdistrict 2 – Lifestyle Center – Shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The design guidelines and architectural standards are intended to define the “Town Center” design theme for this subdistrict by providing opportunities for mixed-use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments, and building designed to provide active street-fronts that encourage pedestrian activity. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian-friendly community. The lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from Agenda Item No. 5 - Page 4 of 10 the Metroplex and include entertainment type uses, as well as big box users, which will attract patrons from other cities in and around the Metroplex. The requested floor area ratios (FAR) in the PD are significantly greater than those allowed in the Town’s Zoning Ordinance. This allows for a much more dense and urban development. For comparison, the Commercial Corridor District allows for a maximum FAR of 1.5:1. The maximum building height for a hotel, office, and hospital is 12 stories (145 feet). The maximum height for multifamily or mixed use is 5 stories (80 feet). The maximum height for a townhome is 3 stories (40 feet). The maximum height of a parking structure is 4 stories (80 feet). All other non-residential uses shall have a maximum height of 5 stories (80 feet). All buildings within 150 feet of single family shall not exceed 2 stories (40 feet) in height. The requested maximum building height for a hotel, office, and hospital exceed the maximum building height of 8 stories (100 feet) in the Town’s Zoning Ordinance. In addition to the permitted retail, service, and office uses, Subdistrict 2 allows for the development of up to a maximum of 927 high density residential dwelling units (multifamily and/or townhome). The minimum density of the multifamily development is 24 dwelling units per net acre, excluding vertical mixed use, which does not have a minimum density. Vertical mixed use style apartments are typically between 40 to 100 dwelling units per acre. For comparison purposes, the Prosper West PD-41 on the northwest corner of the Dallas North Tollway and US 380 requires a minimum of 40 dwelling units per acre. The maximum density of the townhome development is 10 dwelling units per acre. Building setbacks have been reduced to allow for the “urban” feel of a mixed use development. In previous conversations with the applicant, the maximum number of townhomes was 250; 100 townhomes in Subdistrict 2 and 150 in Subdistrict 3. Town staff recommends the Planning & Zoning Commission decide on whether or not to include a specific maximum limit on the number of townhomes. The PD does include timing requirements for multifamily development, allowing construction of up to 300 multifamily units once at least 250,000 square feet of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space is provided. Upon completion of at least 500,000 square feet of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to a total of 927 multifamily units. This would allow for all 927 units of multifamily units to develop after 500,000 square feet of retail develops in Subdistrict 1, prior to any non-residential development commencing in Subdistricts 2 or 3. Townhomes are not required to comply with these timing requirements per the proposed PD. The existing zoning requires the developer complete the single family residential tract prior to the development of the multifamily units. The proposed PD does not include this requirement. The permitted building materials and architectural standards for non-residential, multifamily, and townhome buildings are generally consistent with the Town’s Zoning Ordinance. The proposed PD includes conceptual photographs of the multifamily and townhome construction in Subdistricts 2 and 3 and notes the photos are provided as illustrative examples and are not intended to be interpreted as exact representations of the proposed development, rather they are a representation of the material architectural elements intended to be incorporated into this development. Additional multifamily criteria are included in the PD that requires the multifamily construction in Subdistricts 2 and 3 to conform to the following urban-style criteria: Agenda Item No. 5 - Page 5 of 10 1. Buildings will be oriented toward perimeter streets such that buildings adjacent to streets with on-street parallel parking shall be constructed to a “build-to” line. That is a line parallel to the street where the primary façade of the building must be built to. The build-to line will be determined during the site planning process based upon the minimum distance that will allow the required landscaping and pedestrian sidewalks to be installed between the building and adjacent street. In no case shall the build-to line be less than the minimum building setback required. 2. A minimum of 40 percent of the units will have private garages. 3. On-street parallel parking along public and private streets other than major or minor thoroughfares is required and is allowed to count towards the required parking for the adjacent development. 4. All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 5. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. 6. Front porches and/or stoops are required on facades with front public streets. 7. Stand-alone multifamily development will be restricted to the area within Subdistrict 2 that is west of Coleman Street and north of the proposed retail development and/or Richland Boulevard. Any stand-alone multifamily development in Subdistrict 3 will be restricted to the area west of Coleman Street and a minimum of 750 feet south of First Street. 8. Sidewalks with a minimum clear width of six feet shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to seven feet adjacent to vertical mixed use developments. 9. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located at a minimum of four feet from the curb at an average spacing of 30 feet on center. Street trees shall be a minimum of 3 inch caliper when planted. Root barriers shall be used in conjunction with all street trees. 10. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least one location along each block. Subdistrict 3 – Downtown Center – Shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. Subdistrict 3 allows for the development of a mixed use development and/or a retail/office development. In addition to the permitted retail, service, and office uses, Subdistrict 3 allows for the development of up to a maximum of 300 multifamily dwelling units. The maximum number of residential dwelling units (multifamily and/or townhome) in the entire PD District is 927 units. The minimum density of the multifamily development is 24 dwelling units per net acre. The maximum density of the townhome development is 10 dwelling units per acre. Building setbacks have been reduced to allow for the “urban” feel of a mixed use development. The PD does include timing requirements for multifamily development, allowing construction of up to 300 multifamily units once at least 250,000 square feet of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space is provided. Upon completion of at least 500,000 square feet of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to a total of 927 multifamily units. This would allow for all 927 units of multifamily units to develop after 500,000 square feet of retail develops in Subdistrict 1, prior to any non-residential development commencing in Subdistricts 2 or 3. Townhomes are not required to comply with these timing requirements per the proposed PD. The existing zoning requires the developer complete the Agenda Item No. 5 - Page 6 of 10 single family residential tract prior to the development of the multifamily units. The proposed PD does not include this requirement. The permitted building materials and architectural standards for non-residential, multifamily, and townhome buildings are generally consistent with the Town’s Zoning Ordinance. The proposed PD includes conceptual photographs of the multifamily and townhome construction in Subdistricts 2 and 3 and notes the photos are provided as illustrative examples and are not intended to be interpreted as exact representations of the proposed development, rather they are a representation of the material architectural elements intended to be incorporated into this development. The maximum building height for a hospital or office is 8 stories (100 feet). The maximum height for multifamily or hotel is 5 stories (80 feet). The maximum height for a townhome is 3 stories (40 feet). The maximum height of a parking structure is 4 stories (80 feet). All other non- residential uses shall have a maximum height of 4 stories (60 feet). No structure with 750’ of First Street shall exceed 4 stories, but the PD does not include a maximum height. Staff recommends a maximum height of 60 feet. Subdistrict 3 also allows for various wholesale/warehouse, manufacturing and light industrial uses on the triangular shaped tract west of the BNSF railroad. Subdistrict 4 – Residential Neighborhood – Shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities. The base district is Single Family-10. Subdistrict 4 allows for the development of up to 200 single family lots with a minimum lot area of 10,000 square feet. Development standards for each the lots are further described in Exhibit C, Section 5. The proposed PD includes conceptual elevations which are provided for illustrative purposes and are not intended to represent exact renderings or plans of the buildings depicted. These renderings are provided as representative examples of the material architectural elements that are intended for this development. Proposed PD-SF SF-10 (For Comparison Purposes Only) Min. Lot Area 10,000 square feet 10,000 square feet Min. Lot Width 80 feet 80 feet Min. Lot Depth 125 feet 125 feet Min. Dwelling Area 2,100 square feet 1,800 square feet Front Yard Setback 25 feet 25 feet Side Yard Setback 8 feet, 15 feet on corner lots adjacent to a side street 8 feet, 15 feet on corner lots adjacent to a side street Rear Yard Setback 25 feet 25 feet Maximum Height 40 feet 40 feet Maximum Lot Coverage 50% 45% Agenda Item No. 5 - Page 7 of 10 General Requirements Section 6 of Exhibit C includes the following requirements: 1. Conceptual Development Plan – Requires plats and site plans to conform to the conceptual development plan. Also allows Town staff to approve minor changes in Subdistrict boundaries. 2. Open Space – The proposed open space requirements are generally consistent with the Town’s Zoning Ordinance. 3. Parking Requirements – Includes general standards for parking and requirements based on use. 4. Detention Ponds – If no prohibitive regulatory permitting issues or design constraints exist, the detention ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, will be constructed to maintain a constant normal pool elevation. 5. Landscaping – Includes unique landscape standards due to the nature of the proposed development. The other standards not mentioned shall comply with the Town’s Zoning Ordinance. 6. Signage – The developer shall follow the Town’s sign ordinance with the understanding it can create a special purpose sign district for each development phase to meet the unique needs of the overall development. 7. Permitted Use Matrix – The permitted uses are listed for each subdistrict. Future Land Use Plan – On Page 32 of the Comprehensive Plan, the Town Center District is defined as a continuation of the area defined by previous planning efforts as a future location for a large scale mixed-use development. The Town Center would include a mixture of land uses but development will be less intense than that located along Highway 380 and the Dallas North Tollway. Retail, small scale office, and residential uses would be included within this district, but the primary intent should be focused on dining and shopping. Public space should be a major component of this area, creating space for families and residents of Prosper to meet and socialize. Open space located within the Town Center could be used for community events, festivals and school events. Urban design should accommodate the pedestrian while providing automobile access and discreet parking. Residential uses may include mixed-use lofts/apartments, patio homes, townhomes and brownstones. It should be noted that the style of multifamily preferred are styles that are typically integrated vertically or horizontally with non- residential uses and not intended to be garden style type developments. Pages 41–43 of the Comprehensive Plan further define the differences between the horizontal and vertical mixed-use type developments. Horizontal mixed-uses involve retail, office and residential all located within one defined area, but within separate buildings. Vertical mixed-use developments would include any combination of retail, office and residential within the same building. A common example of vertical mixed-use is residential lofts and apartments above street level retail and office space. Examples of vertical mixed-use developments are Shops at Legacy in Plano, Watters Creek in Allen and the West Village/State-Thomas areas of Dallas. Vertical mixed-use development was preferred by Prosper residents. The Comprehensive Plan indicates that the most opportunistic location for a Town Center, a large mixed-use district, would be the area roughly bounded by First Street to the north, Highway 380 to the south, BNSF Railroad to the west and Preston Road to the east. Included in the staff report are pages 54-56 of the Comprehensive Plan, which pertain to the visioning exercises conducted along the three major corridors in Prosper: Preston Road, Dallas North Tollway and Highway 380. Preston Road was described as “our road” since it traverses the center of the community. Retail, office and some medium density residential will be located Agenda Item No. 5 - Page 8 of 10 along Preston Road on the southern end of the Town, gradually becoming more residential in nature as it moves north. Small scale office and retail may be located in certain areas along Preston Road and these should be the types of uses which service adjacent neighborhoods. Thoroughfare Plan – The property has direct access to U.S. 380, a future six lane divided thoroughfare; First Street, a future four lane divided thoroughfare west of Coleman Street and east of Craig Road, with a variable right-of-way in between; Lovers Lane, a future four lane divided thoroughfare; Preston Road, a future six lane divided thoroughfare; and Coleman Street, a future four lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service has been extended to the property; however, sanitary sewer service will have to be extended to the property either before or with development. Access – Access to the property will be provided from existing U.S. 380, existing First Street, existing Coleman Street, existing Craig Road, future Lovers Lane, and existing Preston Road. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). Any future school sites are to be determined at the time of preliminary plat. Parks – The PD does not include standards for park land dedication, so the requirements will fall back to the Town’s Subdivision Ordinance unless superseded by a developer’s agreement. Environmental Considerations – The 100 year floodplain located on the property is shown on Exhibits A and D. Legal Obligations and Review: Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has received sixteen public hearing notice reply forms, with twelve in opposition. Attached Documents: 1. Redline of the Revised Zoning Exhibits A, B, C, D, E, and F 2. Clean copy (blackline) of the Revised Zoning Exhibits A, B, C, D, E, and F 3. Planning & Zoning Commission’s comments to the applicant 4. Zoning map of the surrounding area 5. PD-2 6. PD-3 7. PD-13 8. Future Land Use Plan 9. Pages 32, 41-43, and 54-56 of the Comprehensive Plan 10. Public hearing notice reply forms. 11. The zoning application. Town Staff Recommendation: Town staff recommends the Planning & Zoning Commission consider the following items prior to taking action on the proposed PD: 1. Conceptual Elevations or Renderings – Subdistrict 1 includes conceptual renderings of non- residential buildings in a “power center” design for illustrative purposes only. Subdistricts 2 Agenda Item No. 5 - Page 9 of 10 and 3 do not include conceptual elevations or renderings for non-residential buildings. The proposed PD includes conceptual photos of multifamily and townhomes as illustrative examples of the style that may be developed in Subdistrict 2 and 3. The proposed PD also includes conceptual elevations of the single family homes in Subdistrict 4 for illustrative purposes. The Planning & Zoning Commission may consider including a process to allow the Planning & Zoning Commission and/or the Town Council to approve conceptual elevations or renderings prior to preliminary site plan/preliminary plat submittal. 2. Maximum Number of Townhomes – A previous submittal of the proposed PD included a maximum of 100 townhomes in Subdistrict 2 and 150 townhomes in Subdistrict 3. Currently the proposed PD allows for the development of 927 townhomes. 3. Location Requirements for Townhomes – The proposed PD does not include restrictions on the location of townhomes within Subdistrict 2 or 3. 4. Minimum Density of Multifamily – Mixed use lofts/apartments are appropriate in the Town Center District. The Multifamily construction criteria are located in Exhibit C, Section 3.4 of the Prosper PD. The Comprehensive Plan notes vertical mixed use was preferred by Prosper residents. Typical mixed use developments in the surrounding area, such as Shops at Legacy, Waters Creek, or West Village/State of Thomas, are 4 to 5 stories in height and have higher densities, such as 40-100 dwelling units per acre. The proposed PD allows for a minimum density of 24 dwelling units per acre. Garden style apartments are typically 15-21 dwelling units per acre. 5. Timing Requirements for Multifamily Construction – The PD does include timing requirements for multifamily development, allowing construction of up to 300 multifamily units once at least 250,000 square feet of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space is provided. Upon completion of at least 500,000 square feet of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to a total of 927 multifamily units. This would allow for all 927 units of multifamily units to develop after 500,000 square feet of retail develops in Subdistrict 1, prior to any non-residential development commencing in Subdistricts 2 or 3. Townhomes are not required to comply with these timing requirements per the proposed PD. The existing zoning requires the developer complete the single family residential tract (Subdistrict 4) prior to the development of the multifamily units, but only six acres of non- residential development. The proposed PD does not include this requirement. For reference purposes, the Prosper West PD-41, on the northwest corner of the Dallas North Tollway and US 380, requires a minimum of 80 percent of the first floor nonresidential square footage of buildings containing residential units shall have Certificates of Occupancy issued for them prior to the issuance of any building permit for an additional phase of residential units subsequent to the first phase (Please note this is only for the vertical mixed use buildings though, not non-residential buildings). There is also language in PD-41 that requires a minimum of 75 percent of the residential units of each phase to be leased prior to the issuance of any building permits for an additional phase of residential units subsequent to the first phase. 6. Building Height – The PD allows for a maximum building height for a hotel, office, and hospital of 12 stories (145 feet) in Subdistrict 2. The requested maximum building height for a hotel, office, and hospital exceeds the maximum building height of 8 stories (100 feet) in the Town’s Zoning Ordinance. The Comprehensive Plan only supports mid-rise office buildings (up to 12 stories) in the Tollway District. Once the Planning & Zoning Commission has considered the previous list of items, Town staff recommends the Planning & Zoning Commission approve the request to rezone 621.1± acres, located on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agenda Item No. 5 - Page 10 of 10 Agricultural (A), and Single Family-15 (SF-15) to Planned Development-Single Family- 10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C). PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET SECOND STREET BUSINESS 289HALLCOLLEGEPROPOSED LOVERS LANE POINT OF BEGINNING TRACT 4 EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, SINGLE FAMILY AND MULTI-FAMILY PROPOSED ZONING PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 68.73 GROSS ACRES 62.09 NET ACRES TRACT 1A EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, RETAIL, SINGLE FAMILY AND MULTIFAMLY PROPOSED ZONING PD-SUBDISTRICT 1 (REGIONAL RETAIL). 166.37 GROSS ACRES 136.49 NET ACRES TRACT 2 EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, RETAIL AND INDUSTRIAL PROPOSED ZONING PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 224.17 GROSS ACRES 190.69 NET ACRES CRAIG ROADFIRST STREET TRACT 1B EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, PROPOSED ZONING PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES FIRST STREET FUTURE LOVERS LANE FUTURE RICHAND DRIVECOLEMAN STREET&RS\ULJKW‹ Kimley-Horn and Associates, Inc. All rights reserved FGA 7/19/2011 68109005 EXHIBIT "A" FOR ZONING CASE NO. ________ GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS DWG NAME: K:\FRI_CIVIL\68109007 - GATES OF PROSPER\TRANSFER-IN\20131030 - EXHIBIT FROM DANA\2013 GATES ZONING EXHIBIT.DWG PLOTTED BYMULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED10/30/2013 2:10 PMScale Drawn by DAB1" = 300' Checked by Date Project No.Sheet No. 1 OF 2 GRAPHIC SCALE IN FEET 0300'150'300'600' 1"=300'' @ 24"X36" U.S. STATE HIGHWAY 380 STATE HIGHWAY NO. 289BURLINGTON NORTHERN SANTA FE RAILROADCOUNTY ROAD 73DALLAS NORTH TOLLWAY(PRESTON ROAD)FIRST STREETMcKINNEYCROCKETTSECOND STREETBUSINESSHALL COLLEGE289SITE LOCATION MAP NOT TO SCALE Legend R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.D.C.T. = Deed Records of Denton County, Texas F.L.U.P. = Future Land Use Plan Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Owner: 183 Land Corporation, Inc. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Owner: Blue Star Allen Land, L.P. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Applicant: Kimley-Horn and Associates, Inc. 5750 Genesis Court Suite 200 Frisco, TX 75034 972-335-3580 Fax 972-335-3779 Contact : Frank Abbott Dallas, Texas 75252 12700 Park Central Drive, Suite 1800 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 &RS\ULJKW‹ Kimley-Horn and Associates, Inc. All rights reserved FGA 7/19/2011 68109005 EXHIBIT "A" FOR ZONING CASE NO. ________ GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Dallas, Texas 75252 12700 Park Central Drive, Suite 1800 DWG NAME: K:\FRI_CIVIL\68109007 - GATES OF PROSPER\TRANSFER-IN\20131030 - EXHIBIT FROM DANA\2013 GATES ZONING EXHIBIT.DWG PLOTTED BYMULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED10/30/2013 2:10 PMScale Drawn by DAB1" = 200' Tel. No. (972) 770-1300 Fax No. (972) 239-3820 Checked by Date Project No.Sheet No. 2 OF 2 EXHIBIT A LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk's File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100' ROW at this point); THENCE ZLWKVDLGFHQWHUOLQHRIWKH%XUOLQJWRQ1RUWKHUQ5DLOURDG1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRU corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWLQWKHFHQWHUOLQHRI)LUVW6WUHHW THENCE with the centerline of First Street, the following courses and distances to wit: 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&ROHPDQ6WUHHW THENCE ZLWKWKHFHQWHUOLQHRIVDLG&ROHPDQ6WUHHW6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&UDLJ5RDG THENCE ZLWKWKHFHQWHUOLQHRIVDLG&UDLJ5RDG1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving the centerline of said First Street, the following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHHDVWULJKWRIZD\OLQHRI3UHVWRQ5RDG 6WDWH+LJKZD\ variable width ROW); THENCEZLWKVDLGHDVWULJKWRIZD\OLQH6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said east right-of-way line, he following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG86+LJKZD\ THENCE with said centerline, the following courses and distances to wit: 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRWKH POINT OF BEGINNING and containing 621.07 acres of land. 7KLVGRFXPHQWZDVSUHSDUHGXQGHU7$&†GRHVQRWUHIOHFWWKHUHVXOWVRIDQRQWKHJURXQGVXUYH\DQGLVQRWWREH used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Owner: 183 Land Corporation, Inc. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Owner: Blue Star Allen Land, L.P. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Applicant: Kimley-Horn and Associates, Inc. 5750 Genesis Court Suite 200 Frisco, TX 75034 972-335-3580 Fax 972-335-3779 Contact : Frank Abbott K:\FRI_Civil\68109005-Gates Zoning\MK Files from Dallas\Planning\PD Ordinance\Gates of Prosper PD Ord_6th Mark- Ups Redline.doc Formatted: Font: 6 pt Gates of Prosper Planned Development Ordinance September 2009 (Original Submittal) Resubmittal June 2011 Resubmittal November 2013 Resubmittal February 2014 Resubmittal March 2014 Resubmittal April 2014 Planned Development No. ____ P a g e | ii March 2014 Town Council Ray Smith, Mayor Meigs Miller, Mayor Pro-Tem, Place 4 Kenneth Dugger, Deputy Mayor Pro-Tem, Place 2 Michael Korbuly, Place 1 Curry Vogelsang Jr., Place 3 Danny Wilson, Place 5 Jason Dixon, Place 6 Planning and Zoning Commission Mark DeMattia, Chair Mike McClung, Vice Chair Rick Turner, Secretary Craig Moody Bruce Carlin Bill Senkel Chris Keith Town Staff Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Executive Director of Development & Community Services Chris Copple, AICP, Director of Development Services Consultants O’Brien & Associates Architecture Kimley-Horn and Associates, Inc. Planned Development No. ____ P a g e | iii March 2014 TABLE OF CONTENTS PROJECT FOUNDATION...........................................................................................................1 Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1 ZONING REGULATIONS ...........................................................................................................2 Exhibit A—Zoning Exhibit & Legal Description ......................................................................................... 2 Exhibit B—Statement of Intent and Purpose ................................................................................................ 5 Exhibit C—Planned Development Standards ............................................................................................... 6 Planned Development General Provisions ............................................................................................ 7 Subdistrict 1—Regional Retail ............................................................................................................... 8 Subdistrict 2—Lifestyle Center ......................................................................................................... 1413 Subdistrict 3—Downtown Center ..................................................................................................... 2625 Subdistrict 4—Residential Neighborhood ........................................................................................ 3432 General Requirements ...................................................................................................................... 3735 Permitted Use Matrix ....................................................................................................................... 4341 Infrastructure Design Standards ...................................................................................................... 5351 Definitions ........................................................................................................................................ 5452 Exhibit E—Development Schedule ........................................................................................................ 5754 Exhibit F—Supplemental Design Guidelines ......................................................................................... 5856 Design Principles ............................................................................................................................. 5957 Site Design ........................................................................................................................................ 6058 Building Design ................................................................................................................................ 6159 Public Realm Design ........................................................................................................................ 6361 Urban Residential Development Guidelines .................................................................................... 6462 APPENDICES Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”) Appendix B—Conceptual Development Plan (Exhibit “D”) Planned Development No. ____ P a g e | 1 March 2014 RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are established in accordance with an adopted Comprehensive Plan. The proposed Planned Development being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s Comprehensive Plan. The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will lead to a more diverse tax base. It will be an environment which encourages a desired lifes tyle for residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into the Town’s Old Town District. Planned Development No. ____ P a g e | 2 March 2014 EXHIBIT “A” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A’ as Exhibit ‘A’. {This space intentionally left blank} Planned Development No. ____ P a g e | 3 March 2014 LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100’ ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89º15’40” West, a distance of 123.47 feet to a point for corner; North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner; North 89º38’54” East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º45’07” West, a distance of 313.06 feet to a point for corner; North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner; Planned Development No. ____ P a g e | 4 March 2014 THENCE leaving said centerline, the following courses and distances to wit: South 89º56’58” East, a distance of 257.38 feet to a point for corner; North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner; South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a po int for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.9 5 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01º02’13” East, a distance of 1546.12 feet to a point for corner; South 89º20’50” West, a distance of 899.18 feet to a point for corner; South 32º50’09” West, a distance of 339.04 feet to a point for corner; North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right -of-way line of Preston Road (State Highway 289 – variable width ROW); THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way lien, he following courses and distances to wit: South 54º19’15” East, a distance of 408.23 feet to a point for corn er; South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89º12’47” West, a distance of 2794.95 feet to a point for corner; South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. Planned Development No. ____ P a g e | 5 March 2014 EXHIBIT “B” PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integrated Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned Development. The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external to the development. Furthermore, focal points and terminuses have been provided within the thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design. Pedestrian scale design elements will also be incorporated into the site design in order to foster high quality street and sidewalk environments. An essential element to the overall site is the incorporation of an open space system to provide for both active and passive recreational opportunities. The open space system will consist of landscape and hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the development. These elements within the proposed development will be ultimately located so as to provide recreational opportunities within convenient proximity to as many users as possible. The standards contained within this Planned Development District will help to achieve the vision for the overall development. These standards have been formulated so as to provide specificity where necessary and provide flexibility to allow for creative design. {This space intentionally left blank} Planned Development No. ____ P a g e | 6 March 2014 EXHIBIT “C” Planned development standards Planned Development No. ____ P a g e | 7 March 2014 1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS 1.1 GENERAL The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities to serve the n eeds of the new residents as well as the existing residents in the general area. Terms used in this o rdinance shall have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05-20), in effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined herein. 1.2 SUBDISTRICTS DEFINED 1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional -serving retail, personal service, and office uses. 1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a co mpact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. 1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. 1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities (e.g., Single-family detached). Planned Development No. ____ P a g e | 8 March 2014 2.0 subdistrict 1—regional retail 2.1 GENERAL PURPOSE AND DESCRIPTION The Regional Retail Subdistrict will serve the purpose of providing for the needs of the community by facilitating the development of regional -serving retail, personal service, and office uses. The development standards included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are inten ded to define the design theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict. 2.2 SITE CRITERIA 2.2.1 Property Development Regulations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2. Table 2-1. Size of Yards Land Use(1) Front Side Corner Rear Retail 30 ft. (2) 30 ft. (2) Commercial 30 ft. (2) 30 ft. (2) Office 30 ft. (2) 30 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40 feet for a one story building and 60 feet for a two story building adjacent to a residential district. Setback may be eliminated for attached buildings. Table 2-2. Size of Lots and Lot Coverage Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth(2) Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3) 0.4:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3) 0.5:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Mutual access agreements may be allowed to satisfy legal frontage requirements for individual lots which do not have legal frontage requirements along a public right of way with Town staff approval (Director of Development Services). 3. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. Planned Development No. ____ P a g e | 9 March 2014 2.2.3 Screening. a. All screening walls required for separating zoning uses shall be as described in the Town’s Zoning Ordinance with the following exceptions. b. Alternative equivalent screening such as landscaping and berms may be approved by the Planning and Zoning Commission through the site plan approval process. 2.3 BUILDING CRITERIA 2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building height requirements set forth in Table 2-3 below. Building height shall be measured to the highest point of a roof surface. Table 2-3. Maximum Building Height Building Type Height (1) # Stories Non-Residential 40 ft. 2 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with Ordinance Chapter 4 Section 9.5. 2.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 1. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 2.3.7. 2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall. Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating percentages. b. No single material shall exceed more than eighty (80) percent of an elevation area. A minimum of twenty (20) percent of the front façade and all facades facing public right-of-way shall be natural or manufactured stone. A minimum of ten (10) percent of all other facades shall be natural or manufactured stone. Formatted: Font: Bold, Italic Formatted: No bullets or numbering Planned Development No. ____ P a g e | 10 March 2014 b. c. Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as, cedar, redwood, ipe, etc. (for example), tile, ornamental metal, metal canopies, canvas, metal awnings, or stucco, or cementicious fiber board. Other secondary materials not specifically noted herein may be allowed only if approved by the Town. EIFS and stucco is not allowed on the first nine (9’) feet of a structure. 2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%. 2.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. Planned Development No. ____ P a g e | 11 March 2014 2.3.7 Building Articulation. All building facades that face a street shall incorporate a form of architectural articulation. If an individual façade is less than 200 feet in length, horizontal and vertical articulation should occur at intervals of not more than 30 feet. If an individual user has a façade that is 200 feet or more in length, horizontal and vertical articulation should occur at intervals of not more than 50 feet. Acceptable forms of articulation may include:  Canopies, Awnings, Porticos  Arcades, Arches  Display Windows  Integrated Architectural Details  Articulated Ground Floor Levels or Base  Articulated Cornice Line  Raised Planter, Wing Walls, Sitting Areas  Offsets, Reveals, or other Rhythmic Expressions  Varied Roof Heights. 2.3.82.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way, or fire lane and access easements shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street . Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 2.3.9 Projections into Setbacks. Eaves, roof extensions or awnings may project into the required front yard for a distance not to exceed four feet. Subsurface structures, Planned Development No. ____ P a g e | 12 March 2014 platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard. 2.4 PERMITTED USES 2.4.1 General. The following general conditions shall apply to Subdistrict 1. a. Big Box uses are permitted by right within Subdistrict 1. 2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 2.5 CONCEPTUAL RENDERING The conceptual renderings provided herein are representative of the material architectural elements that are intended to be incorporated into the proposed retail development when constructed under the architectural standards of this ordinance. These renderings are provided for illustrative purposes and are not intended to be interpreted as exact representations of the proposed development. Planned Development No. ____ P a g e | 13 March 2014 Planned Development No. ____ P a g e | 14 March 2014 3.0 subdistrict 2—LIFESTYLE center 3.1 GENERAL PURPOSE AND DESCRIPTION The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent with the Retail and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the “Town Center” design theme for this Subdistrict by providing opportunities for mixed -use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments within this project. Buildings will be designed to provide active street-fronts that encourage pedestrian activity. The buildings will be arranged such that the viewing of any surface, and/or structured parking is minimal from the surrounding public streets. These developments will be amenitized with carefully arranged, high -quality open spaces to provide a maximum number of premium units while also providing a high level of connectivity to the overall development. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian -friendly community. This lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from throughout the Metroplex. It may also include entertainment type uses as well as Big Box users which would attract patrons from other Cities in and around the Metroplex. 3.2 SITE CRITERIA 3.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 2 may utilize the Urban Standards in Tables 3 -3, 3-4 and 3-5. In addition, where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 3-1. Size of Yards Land Use/Housing Type(1) Minimum Front(5) Minimum Side Minimum Corner(5) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use 5 ft. (2) 5 ft. (2) Townhome(3) 5 ft. 5 ft.(4) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (2,4) 5 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 3. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys 4. A minimum building separation of 15 feet is required between buildings. Zero feet Planned Development No. ____ P a g e | 15 March 2014 between individual attached units. 5. Additional area needed for sidewalks, outdoor dining, landsca ping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval by Town staff. Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 0.6:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. Open space requirements can be accounted for offsite as part of the development’s overall open space planas per section 6.2.2. Table 3-3. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily, Urban Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 2. Minimum density requirement of 24 du/ac (net) excluding mixed-use vertical structures which combine retail, office, etc. with residential units. 3.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 3.2.3 Maximum Residential Dwelling Units. The maximum number of residential dwelling units allowed within Subdistrict 2 shall be 927 units. However, the maximum allowed number of units in this subdistrict shall be reduced by the number of multifamily and/or townhome dwelling units constructed in any other subdistrict, such that the maximum allowable number of multifamily and/or townhome units for this Planned Development District does not exceed 927 units. Any residential units not developed within Subdistrict 2 shall be allowed to be developed in Subdistrict 3 provided the density standards for each Housing Type (See Tables 4-3 and 4-5) for Subdistrict 3 are followed. Planned Development No. ____ P a g e | 16 March 2014 3.2.4 Timing Requirements for Multifamily Construction. Upon Completion of at least 250,000 sf of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to 300 multifamily units. Upon completion of at least 500,000 sf of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space the developer may construct up to a total of 927 multifamily units. 3.2.5 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 3.2.6 Screening. a. All screening walls required for separating zoning uses shall be as described in the Town’s Zoning Ordinance with the following exceptions. b. Alternative equivalent screening such as landscaping and berms may be approved by Planning and Zoning Commission through the site plan approval process. 3.3 BUILDING CRITERIA 3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building height requirements set forth in Table 3-7 below. Building height shall be measured to the highest point of a roof surface. Table 3-6. Maximum Building Height Building Type Height (1) # Stories Non-Residential (2) 80 ft. 5 Hotel 145 ft. 12 Office 145 ft. 12 Mixed Use (Vertical) 80 ft. 5 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5. 2. Includes all non-residential buildings except hotel, office buildings and mixed use. Hospitals will have an allowed height of 12 stories. 3. Refer to Section 8.0 for definition of building type. 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single Planned Development No. ____ P a g e | 17 March 2014 family zoning district. 5. Main parking structure should not exceed the height of adjacent building it is serving . The maximum allowed height is reduced to 40’ if predominately visible to public ROW unless otherwise approved by the Town. 6. The minimum height of a townhome is 2 stories. 3.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 2. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 3.3.7. 3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential and Multifamily building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 1510% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall, cementicious fiber board (not to exceed 50% and restricted to 2nd story and above of any façade area),and stucco (only allowed 9’ above grade). Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2. Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as cedar, redwood, ipe, etc. (for example), tile, Planned Development No. ____ P a g e | 18 March 2014 ornamental metal, metal canopies, canvas or metal awnings. EIFS is not allowed on the first nine (9’) feet of a structure. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed at 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco, and cementicious fiber board (not to exceed 50% of 2nd story, in a different vertical plane and above of any façade area). Windows, doors and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. Conceptual Photos – The photos below are provided as illustrative examples of the urban-style townhome construction described herein. These photos are not intended to be interpreted as exact representations of the proposed development, rather they are representative of the material architectural elements intended to be incorporated into this development. Planned Development No. ____ P a g e | 19 March 2014 Planned Development No. ____ P a g e | 20 March 2014 3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%. 3.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 3.3.7 Building Articulation. a. Town Center. The Town Center is envisioned as a vibrant mixed use area at the heart of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a pedestrian oriented destination not only for the “Gates” neighborhood but also for the surrounding communities. To create an intimate pedestrian environment, buildings should be designed to incorporate articulation both horizontally and vertically at intervals of not more than 30 feet. Acceptable forms of articulation shall include the following: Planned Development No. ____ P a g e | 21 March 2014 1. Canopies, awnings, or porticos 2. Wall recesses / projections 3. Arcades 4. Arches 5. Display windows 6. Architectural details, such as tile work and moldings, integrated into the building façade 7. Articulated ground floor levels or base 8. Articulated cornice line 9. Integrated planters or wing walls that incorporate landscape and sitting areas 10. Offsets, reveals or projecting rib used to express architectural or structural bays 11. Accent materials 12.11. Varied roof heights 13. Changes in building materials and colors b. Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with facades that face a street, have an entrance, or are highly visible from roads or parking fields shall incorporate changes in wall plane with a depth of at least 24 6 inchesfeet, both horizontally and vertically, at intervals of not more than 100 feet. Building façades that do not face a street or are not visible from roads or parking fields shall incorporate one of the following: 1. Repeating pattern of wall recesses and projections, pilasters, offsets or reveals. 2. Changes of color, texture or material either horizontally or ver tically at intervals of not more than 60 feet. 3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way or fire lane and access easement shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. Planned Development No. ____ P a g e | 22 March 2014 3.3.9 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a building setback or right -of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right -of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right -of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right -of-way of Preston Road, Lovers Lane, Coleman Street or US Highway 380 , or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where balconies, awnings, stoops and front porches are provided for Townhome and multifamily uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 3.4 MULTIFAMILY CRITERIA Multifamily construction within this development shall conform to the followin g urban-style criteria: 1. Buildings will be oriented towards perimeter streets such that buildings adjacent to streets with on-street parallel parking shall be constructed to a “build -to” line. That is a line parallel to the street where the primary façade of the building must be built to. The build-to line will be determined during the site planning process based upon the minimum distance that will allow the required landscaping and pedestrian sidewalks to be installed between the building and the adjacent street. In no case shall the build-to line be less than the minimum building setback as provided for herein. Planned Development No. ____ P a g e | 23 March 2014 2. A minimum of forty (40) percent of the units will have private garages. 3. On-street parallel parking along public and private streets other than major or minor thoroughfares is encouraged required and is allowed to count towards the required parking for the adjacent development. 4. All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 5. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. 6. Front porches and/or stoops are encouraged required on facades which front public streets. 7. Stand-alone Multi-Family development will be restricted to the area within Subdistrict 2 that is west of Coleman Street and north of the proposed retail development and/or Richland Boulevard. Any stand-alone Multi-family development in Subdistrict 3 will be restricted to the area west of Coleman and a minimum of 750 feet south of First Street. 8. Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to vertical mixed use developments. 9. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located a minimum of four (4) feet from the curb at an average spacing of not more than thirty (30) feet on center. Street trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall b e used in conjunction with all street trees. 7.10. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least on location along each block. Conceptual Photographs – The following photos are pro vided as illustrative examples of the urban -style multifamily construction described herein. These photos are not intended to be interpreted as exact representations of the proposed development, rather they are representative of the material architectural elements intended to be incorporated into this development. Planned Development No. ____ P a g e | 24 March 2014 Planned Development No. ____ P a g e | 25 March 2014 3.5 PERMITTED USES 3.5.1 General. The following general conditions shall apply to Subdistrict 2. a. Big Box uses are permitted by right within Subdistrict 2. 3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Planned Development No. ____ P a g e | 26 March 2014 4.0 subdistrict 3—DOWNTOWN CENTER 4.1 GENERAL PURPOSE AND DESCRIPTION The Downtown Center Subdistrict will serve the purpose of providing an active living and working community benefiting from its proximity to the existing town core and the planned Lifestyle and/or Regional Retail Centers to the south . The development standards for non- residential and mixed-use development included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential de velopment are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and architectural standards are intended to define the “Downtown Center” design theme for this Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail venues located within and/or adjacent to this Subdistrict. Open space elements will be located so as to provide a central focal element for this Subdistrict, along with a proposed new Town Hall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for a flexibility of options including medical campus, office, civic activities, and comple mentary residential housing. This area could also be developed as a more traditional business park/governmental center if proven to better fit the market demands for such a use. 4.2 SITE CRITERIA 4.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 3 may utilize the Traditional Standards in Tables 4 -1, and 4-2 or the Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 4-1. Size of Yards Land Use/Housing Type(1) Minimum Front(67) Minimum Side(4) Minimum Corner(67) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use (Vertical) 5 ft. (2) 5 ft. (2) Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft.(5) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15 feet adjacent to a residential district; Setback may be eliminated for attached buildings. 3. The front setback may be reduced to 10 feet where vehicular access is provided via a rear alley. 4. Side setback shall be zero feet for interior units with a minimum building separation of 10 feet between buildings without openings (e.g., windows) and 15 feet between buildings with openings. 5. The rear setback may be reduced to 10 feet where vehicular access is provided at the front of the unit. Planned Development No. ____ P a g e | 27 March 2014 6. A minimum building separation of 15 feet is required. 76. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval of Town Staff. Table 4-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use (Vertical) Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 0.6:1.0 Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 3. Structural parking facilities and surface parking lots shall not be included in lot coverage calculations. Table 4-3. Size of Yards (Urban Standards) Land Use/Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Townhome(2) 5 ft. 5 ft.(3) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1) Notes 1. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 2. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys.  All garage doors are to be cedar/wood clad or equivalent. Metal garage doors are not permitted. 3. A minimum building separation of 15 feet is required. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 2. Minimum density requirement of 24 du/ac (net). Planned Development No. ____ P a g e | 28 March 2014 4.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 4.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 3 shall be 300 units, except as noted herein. However, the total number of multifamily and/or townhome units for all Subdistricts may not exceed 927. Any residential units not developed within Subdistrict 3 shall be allowed to be developed in Subdistrict 2 provided the density standards for each Housing Type (See Tables 3-3 and 3-5) for Subdistrict 2 are followed. 4.2.4 Timing Requirements for Multifamily Construction. Upon Completion of at least 250,000 sf of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to 300 multifamily units. Upon completion of at least 500,000 sf of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space the developer may construct up to a total of 927 multifamily units. 4.2.5 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 4.2.6 Screening. a. All screening walls required for separating zoning uses shall be as described in the Town’s Zoning Ordinance with the following exceptions. b. Alternative equivalent screening such as landscaping and berms may be approved by the Planning and Zoning Commission through the site plan approval process. 4.3 BUILDING CRITERIA 4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building height requirements set forth in Table 4-7 5 below. Building height shall be measured to the highest point of a roof surface. Planned Development No. ____ P a g e | 29 March 2014 Table 4-65. Maximum Building Height (7) Building Type Height (1) # Stories Non-Residential (2) 60 ft. 4 Hotel 80 ft. 5 Office 100 ft. 8 Hospital 100 ft. 8 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit by a maximum of 20 feet. 2. Does not include hospitals, hotels, office, or medical office buildings. 3. Refer to Section 8.0 for definition of building type. 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single family zoning district. 5. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if generally visible to public ROW. 6. The minimum height of a townhome is two -story. 7. No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.). 4.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 3. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 4.3.7. 4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential and multifamily building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 1510% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt-wall, cementicious fiber board (not to exceed 50% and restricted to 2nd story and above of any façade area), stucco (only allowed 9’ above grade). Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. Planned Development No. ____ P a g e | 30 March 2014 2. Secondary building materials include EIFS as a cornice, band, medallion, etc., wood, tile, or namental metal, metal canopies, canvas or metal awnings. EFIS is not allowed on the first nine (9’) feet of a structure. 3. All multifamily criteria and conceptual photos in section 3.4 of this ordinance also applies in this subdistrict. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco, and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. Planned Development No. ____ P a g e | 31 March 2014 4.3.4 Window Areas. There shall not exceed 80% of any façade area for buildings located in Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%, unless otherwise approved by the Director of Development Services or his/her designee. 4.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 4.3.7 Building Articulation. All Retail/Commercial building facades that face a street shall incorporate a form of architectural articulation. If under 200 feet in len gth horizontal and vertical articulation should occur at intervals of not more than 50 feet. If 200 feet or over horizontal and vertical articulation should occur at intervals of not more than 100 feet. ALF and CCF buildings shall be designed to incorporate a form of articulation every 80 feet minimum. Acceptable forms of articulation may include:  Canopies, Awnings, Porticos  Recesses / Projections  Arcades, Arches  Display Windows  Integrated Architectural Details  Articulated Ground Floor Levels or Base  Articulated Cornice Line  Raised Planter, Wing Walls, Sitting Areas  Offsets, Reveals, or other Rhythmic Expressions Planned Development No. ____ P a g e | 32 March 2014  Varied Roof Heights  Accent Materials  Architectural details, such as tile work and moldings, integrated into the building façade  Articulated roof line. 4.3.87 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior faça de of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 4.3.98 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a b uilding setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right-of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right -of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right -of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Planned Development No. ____ P a g e | 33 March 2014 Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right -of-way of Lovers Lane, Coleman Street or Frost Street, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where front porches are provided for Townhome uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 4.4 PERMITTED USES 4.4.1 General. The following general conditions shall apply to Subdistrict 3. Additional commerical uses are allowed for the parcel(s) located on the west side of the railroad as noted in Section 6.6 under Wholesale Uses and Manufacturing/Industrial Uses. 4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Planned Development No. ____ P a g e | 34 March 2014 5.0 subdistrict 4—RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities. The development standards included in this Subdistrict are generally consistent with the Single-Family-10, zoning district in the existing Town of Prosper Zoning Ordinance. By providing additional housing opportunities in close proximity to the services included in the other Subdistricts as well as varied transit opportunities will allow for an overall development that will be more self-sufficient and ultimately more sustainable. 5.2 SITE CRITERIA 5.2.1 Property Development Regulations. The proposed housing types shall conform to the property development regulations in Tables 5-1 and 5-2. Table 5-1. Size of Yards Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Single-Family 25 ft. 8 ft. 15 ft. 25 ft. Table 5-2. Size of Lots and Lot Coverage Building Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Single-Family 10,000 sq. ft. 80 ft.(1) 125 ft. 50% 200 lots Notes 1. The minimum lot width is defined as the minimum width as measured along the platted building setback line. 5.2.2 Minimum Dwelling Area. The minimum dwelling area for standard residential uses shall be as follows: a. Single-Family. The minimum dwelling area shall be 2,100 square feet. a. 5.2.3 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 5.2.4 Screening. b. Alternative equivalent screening such as landscaping and berms may be approved through the site plan / preliminary plat approval process 5.2.54 Private Street Development. Restricted access or gated entrances may be permitted as means of establishing a private street development or gated community within Subdistrict 4 via a specific use permit. 5.2.5 5.2.6 Garage Entry. Garages with ‘L’ or ‘J’ hook driveway entrances shall be permitted in Subdistrict 4. Formatted: Indent: Left: 0.5", Hanging: 0.5", Space After: 0 pt, No bullets or numbering, Tab stops: 1", Left Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.5", Hanging: 0.5", Space After: 0 pt, No bullets or numbering, Tab stops: 1", Left Formatted: Indent: Left: 0.5", Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 5 + Alignment: Left + Aligned at: 0.75" + Indent at: 1.25" Planned Development No. ____ P a g e | 35 March 2014 5.3 PERMITTED USES The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 5.4 CONCEPTUAL ELEVATIONS The following conceptual elevations are provided for illustrativ e purposes and are not intended to represent exact renderings or plans of the buildings depicted. These renderings are provided as representative examples of the material architectural elements that are intended for this development. Formatted: Indent: Left: 1.25", First line: 0" Planned Development No. ____ P a g e | 36 March 2014 Planned Development No. ____ P a g e | 37 March 2014 6.0 GENERAL REQUIREMENTS 6.1 PLAN APPROVAL PROCESSES 6.1.1 General. Development shall generally take place in accordance with the attached Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and Conceptual Thoroughfare Plan (Exhibit H). 6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of the PD District shall generally conform to the data presented and approved on the Conceptual Development Plan (Exhibit D ), and shall conform to the data presented and approved in the Planned Development Standards (Exhibit C ). Changes of detail on these preliminary/final development plan(s) that differ from the Conceptual Development Plan (Exhibit D), but still comply with the Planned Development Standards (Exhibit C) may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. Alter a the significant basic relationship of the proposed development to adjacent property (outside of this PD) 2. Alter the uses permitted, 3. Increase the density, 4. Increase the building height, 5. Increase the coverage of the site, 6. Reduce the off-street parking ratio 7. Reduce the building lines provided at the boundary of the site, or 8. Significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Any change to the boundaries of an individual Subdistrict that results in a change of less than 15% of the land area for that Subdistrict may be authorized by the Director of Development Services or his/her designee. 6.2 OPEN SPACE 6.2.1 General. The open space and parkland dedication requirements shall be in accordance with the Town’s zoning ordinance unless specified herein and/or other requirements / regulations are established via a developer’s agreement with the Town at which time the authorized Developer’s Agreement will hold precedence over this Planned Development and/or the Town’s zoning Ordinance requirements. Planned Development No. ____ P a g e | 38 March 2014 6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the following criteria, as relevant: a. A maximum of 1/2 of the required on-site Open Space for either Townhome or Multifamily development may be located off-site the platted lot however, within 1000’ of any unit of a development towards which it will be counted with respect to the Townhome or Multifamily development but within the boundary of the overall Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system. b. Required Open Space for non-residential areas do not have to be located on the individual platted lots but allocated as part of the overall master plan and/or site plan. 6.3 PARKING REQUIREMENTS 6.3.1 General. The following general standards shall apply. a. The number of parking spaces provided for uses shall be in accordance with the requirements established in Section 6.3.2 of these standards. b. Where on-street parking is provided, angled as well as parallel parking shall be permitted. On-street parking shall not be permitted within 30 feet of the curb line of a cross street, drive or common access easement. c. On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this Planned Development. Parking spaces may be provided in the right-of-way and shall conform to Town standards for vehicle parking areas. No on street parking spaces will be allowed on major or minor thoroughfares. d. Vehicle maneuvering shall be allowed within the public right -of-way where on-street parking is provided. e. When structured parking garages are provided, adequate access from public rights -of- way via private drives and/or access easements shall be made readily available. f. Parking aisles, where practicable, shall be designed to be perpendicular to the fro nt of the primary building in the development. g. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. h. Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of Prosper Fire Department at the time of plat and/or site plan submittal. i. Dead-end parking aisles are discouraged and shall only be permitted in unique circumstances upon approval by the Director of Development Services or his/her designee. j. In the case of mixed uses, uses may share parking spaces where the practicability of shared parking can be demonstrated. The applicant shall submit a parking analysis to the Director of Development Services demonstrating the feasibility of shared parking. The parking analysis shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also Planned Development No. ____ P a g e | 39 March 2014 demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto othe r properties. k. Outdoor patio and sidewalk dining, as well as other public seating areas, are permitted; these areas shall be included in parking calculations at a rate of 50% of standard requirements. l. Surface parking is allowed in Urban Living developments as long as the primary parking areas are either screened from public ROW or is primarily located internal to the complex. Nor more than one drive with parking on both sides is allowed between the residential structures and the public ROW(s) unless otherwise approved by the Town.Surface parking is allowed in urban living multifamily development as long as the parking areas other than on-street parking are located internal to the multifamily development and are screened from public right of way through the u se of landscaping and/or walls and structures. l.m. For vertical mixed use developments, no more than one drive with parking on both sides is allowed between the mixed use structure and the public ROW(s) unless otherwise approved by the Town. 6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements:  Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per dwelling unit.  Automobile Oil Change and Similar Establishments: One parking space per service bay plus one parking space per maximum number of employees on a shift. The stacking requirements shall be 3 stacking spaces per bay.  Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car garages shall be permitted to satisfy this requirement through tandem parking spaces by providing one covered space and one space located directly adjacent to the garage, provided the tandem parking spaces have minimum dimensions of nine feet by twenty feet. Townhome units with two-car garages shall provide two covered spaces, located behind the front building line, and two maneuvering spaces for each unit. Permitted on-street parking shall count toward the required off-street parking requirement provided the space(s) are within 300 feet of the property line of the affected lot.  Dwellings, Multifamily: One and one-half spaces for one bedroom units, plus one - half additional space for each additional bedroom. The required number of spaces shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed parking shall not be required for Multifamily Dwellings. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off-street parking requirements. Covered or enclosed parking may be a part of the dwelling structures or an accessory building. Tandem parking spaces shall be permitted to satisfy parking requirement provided they are located in fr ont of a garage and have minimum dimensions of nine feet by twenty feet.  Gasoline Station: Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. A convenient store portion of a gas station shall be parked at a ratio of one parking space per 250 square feet of gross floor area. Planned Development No. ____ P a g e | 40 March 2014  Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided.  Medical or Dental Office: One space per 250 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.  Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One space per 250 square feet of gross floor area.  Restaurant, Cafe or Similar Dining Establishment: One parking space for each 100 square feet of gross floor area. 6.4 DETENTION PONDS Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, shall be treated as open space amenities and landscaped as such. If there are no prohibitive regulatory permitting issues or design constraints, these ponds will be constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintain a constant pool elevation. Detention ponds located in less visible locations shall be full y vegetated with turfgrass and designed to drain completely and allow ease of maintenance. All visible outfall structures shall be faced with stone. 6.5 LANDSCAPING 6.5.1 General. All required landscape areas shall comply with the specific standards cont ained in the Town of Prosper Zoning Ordinance except as noted herein. 6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the land uses specified below. a. Non-Residential and Mixed Use. These standards apply to Non -Residential and Mixed-Use land uses. 1. Required landscaping along US Highway 380 may be modified (i.e., elimination of Large Tree requirements to be replaced with small trees and/or shrubs, etc.) to accommodate placement of utilities (3 small trees = 1 large). The waiving of such requirements shall be approved by the Director of Development Services or his/her designee. 2.1. All retail buildings which back to US 380 shall be screened through the use of either a solid 8’ tall, masonry screening wall, or the planting of a double row of evergreen trees such as eastern red cedars or other similar tree that will provide a continuous screen. The evergreen trees used for the screen shall be a minimum of 8 foot tall at the time of planting. There will also be additional berming and planting of smaller shrubs and trees within the water line easements along Highway 380 to the extent allowed by the Town. In the event that an 8’ masonry wall is used, shrubs and/or trees will be spaced along the exterior of the wall to soften its appearance. Planned Development No. ____ P a g e | 41 March 2014 3.2. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of four caliper inches when plan ted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. The placement of any items in the public right-of-way is subject to the approval of the Town’s staff. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. b. Multifamily. These standards apply to multifamily land uses. 1. Perimeter Requirements. (a) Thoroughfares. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on Lovers Lane, Coleman Street, and Richland Boulevard. A maximum deviation of five feet of the minimum width of the landscape area is permitted, provided the minimum average width of 25 feet or 30 feet; respectively, is maintained. One Large Tree, four-inch caliper minimum per 30 lineal feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing based on species. A minimum of 15 shrubs with a minimum size of five gallons each will be planted in the landscape area for each 30 lineal feet of frontage. Parking abutting the landscape area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Planned Development No. ____ P a g e | 42 March 2014 (b) Collectors or Other Roadway. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 15 feet in width measured from the property line interior to the property shall be provided adjacent to all other collector streets, where on-street parking is not provided. A maximum deviation of three feet of the minimum width of the landscape area is permitted, provided the minimum average width of ten feet is maintained. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of three caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. 2. Interior Parking. Any multifamily surface parking area shall provide interior landscaping as follows: (a) Twenty square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area. (b) All landscaped areas shall be protected by a raised 6 -inch concrete curb. Pavement shall not be placed closer than four feet from the trunk of a tree unless a Town approved root barrier is utilized. (c) Landscape islands shall be located at the terminus of all parking rows, and shall contain at least one Large Tree, four-inch caliper minimum, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. The maximum number of continuous parking spaces may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (d) Landscape islands shall be a minimum of 160 square feet, not less than nine feet wide and a length equal to the abutting space. (e) There shall be at least one Large Tree, three-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (f) Subject to approval by the Director of Development Services or his/her designee, landscape islands may be grouped to form one large island. Grouping for large islands is prohibited adjacent to public street frontage. Planned Development No. ____ P a g e | 43 March 2014 (g) These standards shall not apply to structured parking facilities. 3. Building Landscaping. Foundation plantings of a single row of shrubs are required along the front façade of all buildings adjacent to a public street. 4. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows: (a) Irrigation lines shall be placed a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. (b) Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. (c) Rain, freeze, and wind detectors shall be installed on all irrigation lines. 6.6 SIGNAGE The developer will follow the Town’s standard signage ordinance with the understanding it can create a comprehensive sign planspecial purpose sign district per Section 1.12 of the Town’s sign ordinance for each development phase to meet the unique needs of the overall development. 6.7 PERMITTED USE MATRIX SUBDISTRICT RESIDENTIAL USES 1 2 3 4 Mobile and /or Manufactured Homes Model Home    Multifamily Dwelling (including loft, work/live units and studio apartments)   Private Street Development (excluding MF) S S S Retirement Community Residential Development (RCRD Housing) S S S Single Family Dwelling, Attached (Townhome)   Retirement Housing 12 Single Family Dwelling, Detached  Two Family Dwelling (Duplex) SUBDISTRICT ACCESSORY & INCIDENTAL USES 1 2 3 4 Accessory Building     Caretaker's/Guard's Residence Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL Electronic security facilities including gatehouse and control counter    Garage Apartment (not to be rented)  Guest House (see conditions in 20Zoning Ordinance; over .5 acre lot)  Homebuilder Marketing Center 1 1 1 1 Planned Development No. ____ P a g e | 44 March 2014 Home Occupation 2 2 2 SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk    Mobile Food Vendor Retail/Service Incidental Use     Storage Facilities and uses (incidental to primary use)   Temporary Building – see conditions in Town Zoning Ord. (Section 2.0) S S S S EDUCATIONAL, INSTITUTIONAL, PUBLIC AND SPECIAL USES SUBDISTRICT 1 2 3 4 Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3 Athletic Stadium or Field, Public    Cemetery or Mausoleum Civic/Convention Center    College, University, Trade, or Private Boarding School    Community Center     Farm, Ranch, Stable, Garden, or Orchard  Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority   Helistop S S Rehabilitation Care Institution 14 14 Hospital   Household Care Facility S S  House of Worship     Municipal Uses Operated by the Town of Prosper     Museum/Art Gallery    Open Storage – see conditions in Town Zoning Ord.   Park or Playground     Private Recreation Center     Public Recreation Facilities     Rehabilitation Care Facility Rehabilitation Care Institution School, Public     School, Private or Parochial    S TRANSPORTATION, UTILITY AND COMMUNICATIONS USES SUBDISTRICT 1 2 3 4 Antenna and/or Antenna Support Structure, Non -Commercial 4 4 4 Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Planned Development No. ____ P a g e | 45 March 2014 Electric Power Generating Plant TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 Landfill Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed     Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S Telephone Exchange    S Transit Center S S Utility Distribution/Transmission Facility S S S S Water Treatment Plant S S S S SUBDISTRICT OFFICE AND PROFESSIONAL USES 1 2 3 4 Administrative, Medical, or Professional Office    Corporate Campus   Governmental Office    Insurance Office    Multi-Tenant Office Building    Research and Development Center –see conditions in Town Zoning Ord. S S S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps    Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor    Farmer's Market S S S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    Pawn Shop Retail Stores and Shops    Planned Development No. ____ P a g e | 46 March 2014 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   Bank, Savings and Loan, or Credit Union    Beauty Salon/Barber Shop    Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    Contractor's Shop and/or Storage Yard Dance Hall S S Day Care Center, Adult S S S Day Care Center, Child 7 7 7 7 Day Care Center, In-Home 8 8 8 Day Care Center, Incidental S S S S Dinner Theater    Dry Cleaning, Minor    Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    Health/Fitness Center    Hotel – see conditions in Town Zoning Ord.,    Household Appliance Service and Repair    Indoor Gun Range 9 9 9 Landscaping Service Laundromat    Locksmith/Security System Company    Massage Therapy, Licensed    Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics    Messenger/Courier and Telegraph Services    Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops   Planned Development No. ____ P a g e | 47 March 2014 Pet Day Care – see conditions in Town Zoning Ord.    Print Shop, Minor    SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    Veterinarian Clinic and/or Kennel, Outdoor SUBDISTRICT AUTOMOBILE AND RELATED USES 1 2 3 4 Auto Parts Sales, Inside    Auto Parts Sales, Outside Automobile Parking Lot/Garage    Automobile Paid Parking Lot/Garage    Automobile Repair, Minor   Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash  S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal SUBDISTRICT WHOLESALE USES 1 2 3 4 Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Planned Development No. ____ P a g e | 48 March 2014 Mini-Warehouse/Public Storage 15S Office/Showroom 15 SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15 Storage or Wholesale Warehouse 15 Winery S SUBDISTRICT MANUFACTURING AND INDUSTRIAL USES 1 2 3 4 Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL General Manufacturing/Industrial Use Complying with Performance Standards 15 Laboratory, Testing and Experimentation S Limited Assembly and Manufacturing Use Complying with Performance Standards 15 Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center 15S Recycling Plant Scientific/Research Facilities 15 Trailer/Mobile Home Display and Sales LEGEND  Use permitted in district indicated Use prohibited in district indicated S Use is permitted in district upon approval of a specific use permit 1 Use is permitted in the Subdistrict indicated in accordance with the conditional development standards or limitations in the corresponding numeric end note in Section 6.6.1 of this Ordinance. {This space intentionally left blank} Planned Development No. ____ P a g e | 49 March 2014 6.7.1 Conditional Development Standards. 1. Homebuilder Marketing Center. Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold. 2. Home Occupation. A home occupation is a business that is customarily carried on in a home by the resident and shall adhere to all of the following conditions and requirements: (a) No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. (b) Only two employees other than the occupants of the resid ence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. (c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. (d) Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. (e) No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. (f) The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. (g) A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. (h) No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. (i) No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. (j) No storage of hazardous materials for business purposes shall be allowed on the premises. (k) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. (l) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. 3. Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial. Planned Development No. ____ P a g e | 50 March 2014 4. Antenna, Non-Commercial. (a) Satellite Dishes and Wireless Broadband Antennas (1) In Subdistrict 4 (Single Family Detached), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on t he back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (2) In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (b) Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shal l the height of such antennas exceed 45 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story. 5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses within a Subdistrict only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth antennas are permitted by right in the non-residential districts. The Director of Development Services, or his/her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance (Ordinance 05-20). For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial Planned Development No. ____ P a g e | 51 March 2014 antenna is a stealth antenna or not when considering site plan approval for the proposal. 6. School District Bus Yard. A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be screened using one of the following methods: (a) Option 1 (1) A six (6) foot ornamental metal fence, (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers, and (3) Five (5) gallon evergreen shrubs on three (3) foot centers. (b) Option 2 (1) A six (6) foot clay-fired brick wall, and (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers. 7. Day Care Center, Child. Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center, Child not operated by a public independent school district is permitted by SUP in all Subdistricts. 8. Day Care Center, In-Home. Permitted by right as a home occupation in the designated Subdistricts and is subject to the regulations of Home Occupation. 9. Shall be permitted by right when serving as a complementary use to a primary use. Shall not be subject to the limitations of a maximum of 15% of a main use. Other similar uses not specifically defined may also be permitted. Primary use sales/services may only be allowed by S.U.P. 10. Limited to one at each of the following intersections: Lover’s Lane at Preston, First Street at Preston, and Lover’s Lane at Coleman Street. 11. Shall be limited to high-end or specialty automobile sales and shall have limited out door model displays. A maximum of two rows of display par king (one drive) is allowed along any street frontage. The use shall only be allowed if permitted by SUP. 12. Only allowed in Subdistrict 4 as detached units. 13. Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards. a. Accessory gas pumps must be located on the same lot as a big box tenant. b. A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet in floor area. c. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. Planned Development No. ____ P a g e | 52 March 2014 1. For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Future Land Use Plan. 2. Accessory gas pumps do not have to meet the spacing requirement if: i. A major thoroughfare separates the accessory gas pumps from the residential lot; or ii. The Future Land Use Plan designates a lot as residential, but Town Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot. d. Canopies shall have pitched roofs. e. Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building. f. The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage. 14. Requires a S.U.P. if located within 250 feet of single family detached zoning. 15. Uses only allowed west of railroad. 16. Limited to 3 locations on either side of Preston and no more than 2 adjacent to each other. {This space intentionally left blank} Planned Development No. ____ P a g e | 53 March 2014 7.0 INFRASTRUCTURE DESIGN STANDARDS 7.1 GENERAL Due to the unique and dynamic nature of Town Center and Transit -Oriented Developments, there are a number of design elements that deviate from standard suburban design criteria. Therefore, it is understood that that alternate design criteria may be utilized in the layout and design of this Planned Development. The design criteria may include such elements as design speeds for streets, street and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains, etc.), alternative stormpipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth Metroplex as previously referenced herein or as determined to be comparable developments. Such standards must be approved by the Director of Development ServicesTown’s Engineering Department. Planned Development No. ____ P a g e | 54 March 2014 8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is attached to but secondary to a main non-residential structure and is generally located above the first floor of the structure. Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area generally associated with the creative arts and which may consist of a single room or series or rooms. Big Box. Retail buildings over 80,000 square feet where the primary t enant occupies at least 80 percent of the building. Catering Establishment. An establishment where food and drink are prepared, for immediate off premises consumption. Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses. Dinner Theater. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical or live performance where food and drink are prepared and consumed on the premises during the event. Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure. The dwelling area calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches unenclosed on one or more sides. EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls. Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. There shall be no maximum distance for the required width from the front property line. Landscape Service. Professional service focused on the design and/or installation of landscaping in either a commercial or residential application. The service may include open storage of the materials and equipment used in the process of landscape installation. Messenger / Courier Service. Premium service specializing in the personal delivery of messages, packages and mail. Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract of land or a building. For the purposes of this Planned Development, a Mixed Use Land Use shall include a minimum of two individual land uses (residential/non-residential; retail/multi- family; office/multi-family; etc.). Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels. Urban Living Multifamily dwelling units are consistent with an urban -style dwelling unit and Planned Development No. ____ P a g e | 55 March 2014 intended to accommodate multifamily residential uses, including both for-sale and rental units. Parking can be either surface parking and/or structural parking . Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in Section 6.6 of this Ordinance and similar uses. Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment that is either for sale on the premises or is used in the normal course of doing business or conducting a business service. Pest Control / Extermination Service. Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecology or the economy. The service may include open storage of the materials and equipment used in the process of performing the service. Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Retirement Housing. Any age restricted development which may be in any housing form, including detached and attached dwellin g units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care. Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this Ordinance and similar uses. Security Facilities (including gatehouse and control counter). A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controlling incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it may only house electronic surveillance equipment. Storage Facility. A freestanding or attached structure which is part of a larger commercial or residential development that’s primary function is to store material or equipment necessary for the ongoing maintenance or upkeep of the development which it is associated with. Townhome. A structure containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall. Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work. Planned Development No. ____ P a g e | 56 March 2014 EXHIBIT “E” Development Schedule Planned Development No. ____ P a g e | 57 March 2014 Development Schedule It is currently anticipated that the development of Gates of Prosper will begin within two to four years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15 years and is primarily dependent on the marketability of the highest and best use of the land for the respective land tracts. Progress of development improvements will primarily depend on the time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily residential units in Subdistrict 2 , and/or Subdistrict 3 shall not begin until a minimum combined total of 250,000 square feet of commercial/retail development has been constructed and tenant leases have been established for at least 70 percent of that area. The required commercial/retail development may include regional retail anchors, a town center mixed-use component, a major multi-purpose medical center with emergency care facilities, a transit station, a mall, a hotel, or another major development anchor as determined by Town Council. Incorporation of residential units into a mixed -use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Planned Development No. ____ P a g e | 58 March 2014 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Planned Development No. ____ P a g e | 59 March 2014 Supplemental DESIGN PRINCIPLES The Town of Prosper is on the cusp of transforming itself from a prosperous f arming community into a prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper” is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinfo rce a uniform spirit and character throughout the development while promoting fresh and visionary diversity.  Subdistricts have been carefully planned to maximize vehicular access to transportation arteries and pedestrian access to future transit systems.  Subdistricts are designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area.  Each Subdistrict can have its own identity yet still create a sense of belo nging through use of consistent iconic markers, streetscape designs, landscape forms, signage, lighting and architectural building standards. These elements should allow Subdistricts to transition seamlessly from one to the next.  Public amenities including parks, trails, plazas, interactive areas and gateways are planned to serve as venues for recreation, entertainment and social interaction.  Pedestrian ways should be memorable through their use of landscaping and lighting, and by incorporating shade, street furnishings and other sidewalk amenities. Planned Development No. ____ P a g e | 60 March 2014 SITE DESIGN The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and as a quality environment that resonates a “sense of place”. This design contributes to the overall identity which adds value to the project as well as the entire community. To promote these benefits the design has incorporated following features:  Street design and streetscapes including boulevards connecting and traversing through the different subdistricts.  Gateway icons that announce entry into and welcome residents and guests to the development. Wayfinding markers that give direction within the development and reinforce the quality of the development.  Public areas that are accessible and provide for a variety of entertainment and recreational experiences.  Subdistricts that allow for a crossover of uses while concentrating like uses for the convenience of residents and guests. SUBDISTRICT DESIGN  Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses.  Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites.  Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts.  Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town and add a complimentary use to the overall development. Planned Development No. ____ P a g e | 61 March 2014 BUILDING DESIGN Building design is only one element that contributes to the fabric of a community. Although building design can be the most effective means of translating the character, it has to wor k in concert with all other designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in building design within the limits of a few design criteria. BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component parts, including the size of its footprint, its height, its proportions and its relationship to surrounding buildings. Individual characteristics of mass and scale include:  Form: A buildings form should have a relationship to the proposed streetscape that contributes to a comfortable environment and pleasing pedestrian experience. Its form should also be in context with surrounding buildings.  Shape: A buildings shape should incorporate variations in height, rooflines and wall planes and be expressive without seeming unnatural.  Scale: The use may be a determining factor in the size of a building. Incorporating special design techniques can reduce the apparent scale of a structure, such as: a. Subdividing the façade of the building into top, bottom and middle components. b. Using overhangs and shadow lines to create a sense of depth. c. Changing building finishes or colors at logical breakpoints. d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses. BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form of architectural articulation as described in other sections of this document. Architectural articulation can be achieved in a variety of traditional and imaginative ways. T he intent is to allow creative architectural notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of design and identity within subdistricts while maintaining high standards for the overall development. ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together, form the architectural style of buildings. Architectural elements typically include compositions of forms and shapes, patterns of windows, doors, roofs and awnings bu t can also include compositions of materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the overall development. Planned Development No. ____ P a g e | 62 March 2014 FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures, and details, shall be used to contribute to the architectural character of the development.  All Retail except Major Anchor Retail shall have ground level storefront extending across a minimum of 50% of front façade length. Other uses shall have window treatments appropriate for their use.  On secondary sides of retail buildings, windows do not need to be provided at ground level; however, buildings should avoid monotonous, uninterrupted walls by incorporating articulation standards as outlined in other sections of this document. A variety of offsets, recesses, etc. shall be used to add variety and interest to the building and eliminate long blank walls.  Same or similar materials will be used on major as well as minor sides of the building to ensure a continuity of the building on all sides. LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will greatly enhance the overall ambiance of the development. Security lighting shall be installed per the codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined in the Town’s Zoning Ordinance as it currently exists or as amended there to. SIGNAGE. The purpose of signage guidelines is to reinforce the identity and quality of the project and to create signage that provides effective information for all users.  A comprehensive sign package shall be generated and approved by the Town of Prosper Town Council.  Signage for Subdistrict 1 shall be of a scale commensurate with the expected larger tenants. Monument signs, directional signs as well as building mounted signs shall be used to identify the development as well as the tenants.  Signage for the other Subdistricts shall be scaled appropriately to accommodate both vehicular and pedestrian traffic. In addition to monument signs, directional signs and building mounted signs, other types of signs should be used such as blade signs and signage painted on the storefront. The final design of the project signage will be determined by the sign package submitted to the Town.  Other than noted herein, signage shall be regulated under the Town’s signage ordinance unless otherwise approved under the comprehensive sign package. PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to visually identify with the rest of the project. Planned Development No. ____ P a g e | 63 March 2014 Public Realm Design The public realm exists at the intersections of the various aspects of community living . It consists of areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks, plazas and parks are all components of the public realm, and help create a pedestrian network. This network should be given priority over the street network (vehicle access) and provide visible connections to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian traffic patterns. Crossings shall be designed to minimize pedestrian tra ffic exposure to vehicle traffic. The street network should provide connectivity as well as flexibility for future development and be able to accommodate a pedestrian network with appropriate shading from trees and built structures. Other streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and recycling, water features and various art and performance media shall contribute to the pedestrian experience. This shall be in accordance with unified landscaping and s treetscape plans. Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological value and appearance of the development. By providing space for recreation, they promote community and gathering and can enhance value for retail, restaurant and residential uses. Planned Development No. ____ P a g e | 64 March 2014 URBAN Residential Development Guidelines Residential units shall be located in a manner that will provide privacy for residents by one or several of the following:  Provide a small landscaped front setback  Raise or lower the finished ground level relative to the sidewalk level  Allow for encroachment by stoops, stairs and porches within the area between the front façade and the property line ARCHITECTURAL ELEMENTS  Residential buildings shall have relatively little horizontal articulation and simple roofs, with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies and similar extensions are exempt from this standard.  Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building.  Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys, may be provided. PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off -street parking may also be accessed via other public/private streets along the front property line. Planned Development No. ____ P a g e | 65 March 2014 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Planned Development No. ____ P a g e | 66 March 2014 APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” K:\FRI_Civil\68109005-Gates Zoning\MK Files from Dallas\Planning\PD Ordinance\Gates of Prosper PD Ord_6th Mark- Ups.doc Gates of Prosper Planned Development Ordinance September 2009 (Original Submittal) Resubmittal June 2011 Resubmittal November 2013 Resubmittal February 2014 Resubmittal March 2014 Resubmittal April 2014 Planned Development No. ____ P a g e | ii April 2014 Town Council Ray Smith, Mayor Meigs Miller, Mayor Pro-Tem, Place 4 Kenneth Dugger, Deputy Mayor Pro-Tem, Place 2 Michael Korbuly, Place 1 Curry Vogelsang Jr., Place 3 Danny Wilson, Place 5 Jason Dixon, Place 6 Planning and Zoning Commission Mark DeMattia, Chair Mike McClung, Vice Chair Rick Turner, Secretary Craig Moody Bruce Carlin Bill Senkel Chris Keith Town Staff Harlan Jefferson, Town Manager Hulon T. Webb, Jr., P.E., Executive Director of Development & Community Services Chris Copple, AICP, Director of Development Services Consultants O’Brien & Associates Architecture Kimley-Horn and Associates, Inc. Planned Development No. ____ P a g e | iii April 2014 TABLE OF CONTENTS PROJECT FOUNDATION...........................................................................................................1 Relationship to Town of Prosper Comprehensive Plan ................................................................................ 1 ZONING REGULATIONS ...........................................................................................................2 Exhibit A—Zoning Exhibit & Legal Description ......................................................................................... 2 Exhibit B—Statement of Intent and Purpose ................................................................................................ 5 Exhibit C—Planned Development Standards ............................................................................................... 6 Planned Development General Provisions ............................................................................................ 7 Subdistrict 1—Regional Retail ............................................................................................................... 8 Subdistrict 2—Lifestyle Center ............................................................................................................. 13 Subdistrict 3—Downtown Center ......................................................................................................... 25 Subdistrict 4—Residential Neighborhood ............................................................................................ 32 General Requirements .......................................................................................................................... 35 Permitted Use Matrix ........................................................................................................................... 41 Infrastructure Design Standards .......................................................................................................... 51 Definitions ............................................................................................................................................ 52 Exhibit E—Development Schedule ............................................................................................................ 54 Exhibit F—Supplemental Design Guidelines ............................................................................................. 56 Design Principles ................................................................................................................................. 57 Site Design ............................................................................................................................................ 58 Building Design .................................................................................................................................... 59 Public Realm Design ............................................................................................................................ 61 Urban Residential Development Guidelines ........................................................................................ 62 APPENDICES Appendix A—Zoning Exhibit & Legal Description (Exhibit “A”) Appendix B—Conceptual Development Plan (Exhibit “D”) Planned Development No. ____ P a g e | 1 April 2014 RELATIONSHIP TO TOWN OF PROSPER COMPREHENSIVE PLAN Pursuant to Section 1.2 of the Town of Prosper Zoning Ordinance, zoning regulations and districts are established in accordance with an adopted Comprehensive Plan. The proposed Planned Development being an amendment to the Town of Prosper Zoning Ordinance, is consistent with the Town’s Comprehensive Plan. The proposed PD mirrors the specifications and intent of the Town Center District, as defined in the Comprehensive Plan, providing for mixed uses as well as retail and commercial development. It specifically meets Goal No. 1 of the Comprehensive Plan by providing a variety of land uses which will lead to a more diverse tax base. It will be an environment which encourages a desired lifestyle for residents to live, work, shop, eat and relax. It also provides for the desired transitional uses leading into the Town’s Old Town District. Planned Development No. ____ P a g e | 2 April 2014 EXHIBIT “A” ZONING EXHIBIT & LEGAL DESCRIPTION The Zoning Exhibit and legal description of the area within the proposed Planned Development is included in Appendix ‘A’ as Exhibit ‘A’. {This space intentionally left blank} Planned Development No. ____ P a g e | 3 April 2014 LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk’s File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, Being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. Recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100’ ROW at this point); THENCE with said centerline of the Burlington Northern Railroad, North 11º23’13” East, a distance of 2716.96 feet to a point for corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: South 89º15’40” West, a distance of 123.47 feet to a point for corner; North 00º57’41” West, a distance of 2704.85 feet to a point in the centerline of First Street; THENCE with the centerline of First Street, the following courses and distances to with: North 89º37’06” East, a distance of 509.94 feet to a point for corner; South 86º07’09” East, a distance of 202.29 feet to a point for corner; North 89º38’54” East, a distance of 454.43 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º45’07” West, a distance of 313.06 feet to a point for corner; North 89º29’33” East, a distance of 481.12 feet to a point for corner; North 00º21’57” West, a distance of 311.69 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º38’54” East, a distance of 377.25 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: South 00º06’52” East, a distance of 314.43 feet to a point for corner; North 89º49’10” East, a distance of 189.92 feet to a point for corner; North 00º09’58” West, a distance of 104.29 feet to a point for corner; North 89º41’07” East, a distance of 455.63 feet to a point for corner in the centerline of Coleman Street; THENCE with the centerline of said Coleman Street, South 00º05’32” East, a distance of 177.82 feet to a point for corner; Planned Development No. ____ P a g e | 4 April 2014 THENCE leaving said centerline, the following courses and distances to wit: South 89º56’58” East, a distance of 257.38 feet to a point for corner; North 02º09’39” East, a distance of 71.99 feet to a point for corner; North 89º18’22” East, a distance of 555.18 feet to a point for corner; South 00º58’50” East, a distance of 673.52 feet to a point for corner; South 76º42’56” East, a distance of 185.47 feet to a point for corner; South 76º51’24” East, a distance of 321.53 feet to a point for corner; South 89º06’24” East, a distance of 1107.37 feet to a point for corner in the centerline of Craig Road; THENCE with the centerline of said Craig Road, North 00º04’32” East, a distance of 842.40 feet to a point for corner; THENCE leaving said centerline, the following courses and distances to wit: North 89º30’30” East, a distance of 205.11 feet to a point for corner; North 00º05’59” West, a distance of 299.98 feet to a point for corner in the centerline of said First Street; THENCE with the centerline of First Street, North 89º31’34” East, a distance of 1084.95 feet to a point for corner; THENCE leaving the centerline of said First Street, the following courses and distances to wit: South 01º02’13” East, a distance of 1546.12 feet to a point for corner; South 89º20’50” West, a distance of 899.18 feet to a point for corner; South 32º50’09” West, a distance of 339.04 feet to a point for corner; North 54º21’333” West, a distance of 401.98 feet to a point for corner in the east right-of-way line of Preston Road (State Highway 289 – variable width ROW); THENCE with said east right-of-way line, South 33º37’47” West, a distance of 423.21 feet to a point for corner; THENCE leaving said east right-of-way lien, he following courses and distances to wit: South 54º19’15” East, a distance of 408.23 feet to a point for corner; South 00º03’08” East, a distance of 3183.53 feet to a point for corner in the centerline of said U.S. Highway 380; THENCE with said centerline, the following courses and distances to wit: South 89º12’47” West, a distance of 2794.95 feet to a point for corner; South 89º46’43” West. a distance of 2671.91 feet to the POINT OF BEGINNING and containing 621.07 acres of land. Planned Development No. ____ P a g e | 5 April 2014 EXHIBIT “B” PLANNED DEVELOPMENT STATEMENT OF INTENT & PURPOSE The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities by providing four individual but integrated Subdistricts. This will be accomplished through the incorporation of the Planned Development Standards and Design Guidelines contained in Exhibits C and F, respectively. Although the Planned Development Standards provide criteria for development within each distinct Subdistrict, the Standards are formulated in such a manner as to allow each Subdistrict to develop as one integral part of the collective Planned Development. The Conceptual Development Plan includes vehicular and pedestrian linkages that serve both functional and aesthetic roles. The proposed thoroughfare system has been designed to allow for safe and efficient vehicular circulation internal to the site as well as to connect to the existing thoroughfare system external to the development. Furthermore, focal points and terminuses have been provided within the thoroughfare system and pedestrian linkages to enhance the visual aesthetic of the overall design. Pedestrian scale design elements will also be incorporated into the site design in order to foster high quality street and sidewalk environments. An essential element to the overall site is the incorporation of an open space system to provide for both active and passive recreational opportunities. The open space system will consist of landscape and hardscape elements such as plazas, greens, trails, pathways and parks for the residents and visitors of the development. These elements within the proposed development will be ultimately located so as to provide recreational opportunities within convenient proximity to as many users as possible. The standards contained within this Planned Development District will help to achieve the vision for the overall development. These standards have been formulated so as to provide specificity where necessary and provide flexibility to allow for creative design. {This space intentionally left blank} Planned Development No. ____ P a g e | 6 April 2014 EXHIBIT “C” Planned development standards Planned Development No. ____ P a g e | 7 April 2014 1.0 PLANNED DEVELOPMENT GENERAL PROVISIONS 1.1 GENERAL The purpose of the proposed Planned Development District is to accommodate a mix of office, retail, personal service, residential and community activities to serve the n eeds of the new residents as well as the existing residents in the general area. Terms used in this o rdinance shall have the same definition as given in Town of Prosper Zoning Ordinance (Ordinance 05 -20), in effect at the time of adoption of this Planned Development Ordinance, unless otherwise defined herein. 1.2 SUBDISTRICTS DEFINED 1.3.1 Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. 1.3.2 Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. 1.3.3 Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting and enhancing the existing downtown area located on the north side of First Street. 1.3.4 Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities (e.g., Single-family detached). Planned Development No. ____ P a g e | 8 April 2014 2.0 subdistrict 1—regional retail 2.1 GENERAL PURPOSE AND DESCRIPTION The Regional Retail Subdistrict will serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses. The development standards included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are inten ded to define the design theme for this Subdistrict as well as to integrate with adjacent Subdistricts. The uses that will be permitted in this Subdistrict will assist in meeting the intent of providing a regional retail district, personal service, hotel and office uses. Residential uses are not anticipated in this Subdistrict. 2.2 SITE CRITERIA 2.2.1 Property Development Regulations. The proposed land uses shall conform to the property development regulations in Tables 2-1 and 2-2. Table 2-1. Size of Yards Land Use(1) Front Side Corner Rear Retail 30 ft. (2) 30 ft. (2) Commercial 30 ft. (2) 30 ft. (2) Office 30 ft. (2) 30 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 15 feet adjacent to a nonresidential district. Minimum setback of 40 feet for a one story building and 60 feet for a two story building adjacent to a residential district. Setback may be eliminated for attached buildings. Table 2-2. Size of Lots and Lot Coverage Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth(2) Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 40%(3) 0.4:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 50%(3) 0.5:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 50%(3) 1.5:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Mutual access agreements may be allowed to satisfy legal frontage requirements for individual lots which do not have legal frontage requirements along a public right of way with Town staff approval (Director of Development Services). 3. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 2.2.2 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. Planned Development No. ____ P a g e | 9 April 2014 2.3 BUILDING CRITERIA 2.3.1 Maximum Building Height. All structures in Subdistrict 1 shall conform to the building height requirements set forth in Table 2-3 below. Building height shall be measured to the highest point of a roof surface. Table 2-3. Maximum Building Height Building Type Height (1) # Stories Non-Residential 40 ft. 2 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with Ordinance Chapter 4 Section 9.5. 2.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 1. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 2.3.7. 2.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt- wall. Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating percentages. b. No single material shall exceed more than eighty (80) percent of an elevation area. A minimum of twenty (20) percent of the front façade and all facades facing public right-of-way shall be natural or manufactured stone. A minimum of ten (10) percent of all other facades shall be natural or manufactured stone. Planned Development No. ____ P a g e | 10 April 2014 c. Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as, cedar, redwood, ipe, etc. (for example), tile, ornamental metal, metal canopies, canvas, metal awnings, or stucco. Other secondary materials not specifically noted herein may be allowed only if approved by the Town. EIFS and stucco is not allowed on the first nine (9’) feet of a structure. 2.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 1. Windows shall have a maximum exterior visible reflectivity of 10%. 2.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 2.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. Planned Development No. ____ P a g e | 11 April 2014 2.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way, or fire lane and access easements shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 2.4 PERMITTED USES 2.4.1 General. The following general conditions shall apply to Subdistrict 1. a. Big Box uses are permitted by right within Subdistrict 1. 2.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 1 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 2.5 CONCEPTUAL RENDERING The conceptual renderings provided herein are representative of the material architectural elements that are intended to be incorporated into the proposed retail development when constructed under the architectural standards of this ordinance. These renderings are provided for illustrative purposes and are not intended to be interpreted as exact representations of the proposed development. Planned Development No. ____ P a g e | 12 April 2014 Planned Development No. ____ P a g e | 13 April 2014 3.0 subdistrict 2—LIFESTYLE center 3.1 GENERAL PURPOSE AND DESCRIPTION The Life Style Subdistrict will serve the purpose of providing a compact, neighborhood and pedestrian-scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites. The development standards for non-residential and mixed-use development included in this Subdistrict are generally consistent with the Retail and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance. The Design Guidelines and architectural standards are intended to define the “Town Center” design theme for this Subdistrict by providing opportunities for mixed-use development that includes both vertical and/or horizontal integration. Urban design elements will be incorporated into the construction of the multifamily developments within this project. Buildings will be designed to provide active street-fronts that encourage pedestrian activity. The buildings will be arranged such that the viewing of any surface, and/or structured parking is minimal from the surrounding public streets. These developments will be amenitized with carefully arranged, high -quality open spaces to provide a maximum number of premium units while also providing a high level of connectivity to the overall development. The provision of centrally located open space elements coupled with the proposed development standards will allow for a pedestrian-friendly community. This lifestyle center is intended to be unique in nature to create an image which will encourage a regional draw from throughout the Metroplex. It may also include entertainment type uses as well as Big Box users which would attract patrons from other Cities in and around the Metroplex. 3.2 SITE CRITERIA 3.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 2 may utilize the Urban Standards in Tables 3-3, 3-4 and 3-5. In addition, where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 3-1. Size of Yards Land Use/Housing Type(1) Minimum Front(5) Minimum Side Minimum Corner(5) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use 5 ft. (2) 5 ft. (2) Townhome(3) 5 ft. 5 ft.(4) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (2,4) 5 ft. (2) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for attached buildings. 3. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys 4. A minimum building separation of 15 feet is required between buildings. Zero feet Planned Development No. ____ P a g e | 14 April 2014 between individual attached units. 5. Additional area needed for sidewalks, outdoor dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval by Town staff. Table 3-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 0.6:1.0 Commercial 10,000 sq. ft. 100 ft. 100 ft. 90%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 90%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 100 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. Open space requirements can be accounted for as per section 6.2.2. Table 3-3. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily, Urban Living(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 2. Minimum density requirement of 24 du/ac (net) excluding mixed-use vertical structures which combine retail, office, etc. with residential units. 3.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 3.2.3 Maximum Residential Dwelling Units. The maximum number of residential dwelling units allowed within Subdistrict 2 shall be 927 units. However, the maximum allowed number of units in this subdistrict shall be reduced by the number of multifamily and/or townhome dwelling units constructed in any other subdistrict, such that the maximum allowable number of multifamily and/or townhome units for this Planned Development District does not exceed 927 units. Any residential units not developed within Subdistrict 2 shall be allowed to be developed in Subdistrict 3 provided the density standards for each Housing Type (See Tables 4-3 and 4-5) for Subdistrict 3 are followed. Planned Development No. ____ P a g e | 15 April 2014 3.2.4 Timing Requirements for Multifamily Construction. Upon Completion of at least 250,000 sf of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to 300 multifamily units. Upon completion of at least 500,000 sf of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space the developer may construct up to a total of 927 multifamily units. 3.2.5 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 3.3 BUILDING CRITERIA 3.3.1 Maximum Building Height. All structures in Subdistrict 2 shall conform to the building height requirements set forth in Table 3-7 below. Building height shall be measured to the highest point of a roof surface. Table 3-6. Maximum Building Height Building Type Height (1) # Stories Non-Residential (2) 80 ft. 5 Hotel 145 ft. 12 Office 145 ft. 12 Mixed Use (Vertical) 80 ft. 5 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit in accordance with the Town’s Zoning Ordinance Chapter 4, Section 9.5. 2. Includes all non-residential buildings except hotel, office buildings and mixed use. Hospitals will have an allowed height of 12 stories. 3. Refer to Section 8.0 for definition of building type. 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single family zoning district. 5. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if predominately visible to public ROW unless otherwise approved by the Town. 6. The minimum height of a townhome is 2 stories. 3.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 2. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 3.3.7. 3.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential and Multifamily building types shall comply with the following standards: Planned Development No. ____ P a g e | 16 April 2014 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt-wall, and stucco (only allowed 9’ above grade). Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2. Secondary building materials include EIFS as a cornice, band, medallion, etc., quality wood such as cedar, redwood, ipe, etc. (for example), tile, ornamental metal, metal canopies, canvas or metal awnings. EIFS is not allowed on the first nine (9’) feet of a structure. Planned Development No. ____ P a g e | 17 April 2014 b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed at 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco, and cementicious fiber board (not to exceed 50% of 2nd story, in a different vertical plane and above of any façade area). Windows, doors and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. Conceptual Photos – The photos below are provided as illustrative examples of the urban-style townhome construction described herein. These photos are not intended to be interpreted as exact representations of the proposed development, rather they are representative of the material architectural elements intended to be incorporated into this development. Planned Development No. ____ P a g e | 18 April 2014 Planned Development No. ____ P a g e | 19 April 2014 3.3.4 Window Areas. Shall not exceed 80% of any façade area for buildings located in Subdistrict 2. Windows shall have a maximum exterior visible reflectivity of 10%. 3.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. 3.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 3.3.7 Building Articulation. a. Town Center. The Town Center is envisioned as a vibrant mixed use area at the heart of Subdistrict 2, combining retail, restaurant, entertainment, living and working into a pedestrian oriented destination not only for the “Gates” neighborhood but also for the surrounding communities. To create an intimate pedestrian environment, buildings should be designed to incorporate articulation both horizontally and vertically at intervals of not more than 30 feet. Acceptable forms of articulation shall include the following: Planned Development No. ____ P a g e | 20 April 2014 1. Canopies, awnings, or porticos 2. Wall recesses / projections 3. Arcades 4. Arches 5. Display windows 6. Architectural details, such as tile work and moldings, integrated into the building façade 7. Articulated ground floor levels or base 8. Articulated cornice line 9. Integrated planters or wing walls that incorporate landscape and sitting areas 10. Offsets, reveals or projecting rib used to express architectural or structural bays 11. Varied roof heights b. Large Peripheral Buildings. All nonresidential buildings greater than 50,000 sf with facades that face a street, have an entrance, or are highly visible from roads or parking fields shall incorporate changes in wall plane with a depth of at least 6 feet, both horizontally and vertically, at intervals of not more than 100 feet. Building façades that do not face a street or are not visible from roads or parking fields shall incorporate one of the following: 1. Repeating pattern of wall recesses and projections, pilasters, offsets or reveals. 2. Changes of color, texture or material either horizontally or vertically at intervals of not more than 60 feet. 3.3.8 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way or fire lane and access easement shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. Planned Development No. ____ P a g e | 21 April 2014 3.3.9 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right -of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right-of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right -of-way of Preston Road, Lovers Lane, Coleman Street or US Highway 380, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where balconies, awnings, stoops and front porches are provided for Townhome and multifamily uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 3.4 MULTIFAMILY CRITERIA Multifamily construction within this development shall conform to the following urban-style criteria: 1. Buildings will be oriented towards perimeter streets such that buildings adjacent to streets with on-street parallel parking shall be constructed to a “build-to” line. That is a line parallel to the street where the primary façade of the building must be built to. The build-to line will be determined during the site planning process based upon the minimum distance that will allow the required landscaping and pedestrian sidewalks to be installed between the building and the adjacent street. In no case shall the build-to line be less than the minimum building setback as provided for herein. 2. A minimum of forty (40) percent of the units will have private garages. Planned Development No. ____ P a g e | 22 April 2014 3. On-street parallel parking along public and private streets other than major or minor thoroughfares is required and is allowed to count towards the required parking for the adjacent development. 4. All on-site surface parking will be located towards the interior of the site to minimize viewing from surrounding public streets. 5. Tandem parking (ie. One parking space behind either a garage or carport parking space) shall be allowed and considered in the calculation of the required parking. 6. Front porches and/or stoops are required on facades which front public streets. 7. Stand-alone Multi-Family development will be restricted to the area within Subdistrict 2 that is west of Coleman Street and north of the proposed retail development and/or Richland Boulevard. Any stand-alone Multi-family development in Subdistrict 3 will be restricted to the area west of Coleman and a minimum of 750 feet south of First Street. 8. Sidewalks with a minimum clear width of 6’ shall be constructed along all public streets adjacent to multifamily developments. Clear width shall be increased to 7’ adjacent to vertical mixed use developments. 9. A buffer region shall be established along all streets having on-street parking. The buffer regions shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. This region shall be planted with street trees located a minimum of four (4) feet from the curb at an average spacing of not more than thirty (30) feet on center. Street trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. 10. Street furniture consisting of a minimum of a bench and a waste receptacle shall be located within the buffer area in at least one location along each block. Conceptual Photographs – The following photos are provided as illustrative examples of the urban-style multifamily construction described herein. These photos are not intended to be interpreted as exact representations of the proposed development, rather they are representative of the material architectural elements intended to be incorporated into this development. Planned Development No. ____ P a g e | 23 April 2014 Planned Development No. ____ P a g e | 24 April 2014 3.5 PERMITTED USES 3.5.1 General. The following general conditions shall apply to Subdistrict 2. a. Big Box uses are permitted by right within Subdistrict 2. 3.5.2 Permitted Use Matrix. The permitted uses within Subdistrict 2 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Planned Development No. ____ P a g e | 25 April 2014 4.0 subdistrict 3—DOWNTOWN CENTER 4.1 GENERAL PURPOSE AND DESCRIPTION The Downtown Center Subdistrict will serve the purpose of providing an active living and working community benefiting from its proximity to the existing town core and the planned Lifestyle and/or Regional Retail Centers to the south. The development standards for non- residential and mixed-use development included in this Subdistrict are generally consistent with the Retail, Commercial and Office zoning districts in the existing Town of Prosper Zoning Ordinance, while the development standards for residential development are generally consistent with the Townhome and Multifamily zoning districts in the existing Town of Prosper Zoning Ordinance and/or the Life Style Standards outline herein. The Design Guidelines and architectural standards are intended to define the “Downtown Center” design theme for this Subdistrict by providing opportunities to leverage from the entertainment, office and/or retail venues located within and/or adjacent to this Subdistrict. Open space elements will be located so as to provide a central focal element for this Subdistrict , along with a proposed new Town Hall/Governmental Center. The uses that will be permitted in this Subdistrict will allow for a flexibility of options including medical campus, office, civic activities, and complementary residential housing. This area could also be developed as a more traditional business park/governmental center if proven to better fit the market demands for such a use. 4.2 SITE CRITERIA 4.2.1 Property Development Regulations. The proposed land uses and housing types shall conform to the property development regulations in this Section. The proposed land uses within Subdistrict 3 may utilize the Traditional Standards in Tables 4-1, and 4-2 or the Urban Standards in Tables 4-3, 4-4 and 4-5. Where Urban Standards are utilized, these standards shall apply to an entire block length so as not to disrupt the continuity of the streetscape. Table 4-1. Size of Yards Land Use/Housing Type(1) Minimum Front(6) Minimum Side(4) Minimum Corner(6) Minimum Rear Retail 5 ft. (2) 5 ft. (2) Commercial 5 ft. (2) 5 ft. (2) Office 5 ft. (2) 5 ft. (2) Mixed Use (Vertical) 5 ft. (2) 5 ft. (2) Townhome 20 ft.(3) 10 ft. 15 ft. 20 ft.(5) Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Minimum setback of 10 feet adjacent to a nonresidential district; Minimum setback of 15 feet adjacent to a residential district; Setback may be eliminated for attached buildin gs. 3. The front setback may be reduced to 10 feet where vehicular access is provided via a rear alley. 4. Side setback shall be zero feet for interior units with a minimum building separation of 10 feet between buildings without openings (e.g., windows) and 15 feet between buildings with openings. 5. The rear setback may be reduced to 10 feet where vehicular access is provided at the front of the unit. Planned Development No. ____ P a g e | 26 April 2014 6. Additional area needed for sidewalks, outdoo r dining, landscaping, etc. may be provided within public ROW and/or easements of the adjacent roadways upon approval of Town Staff. Table 4-2. Size of Lots and Lot Coverage—Non-Residential & Mixed Use (Vertical) Land Use(1) Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum FAR Retail 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 0.6:1.0 Commercial 10,000 sq. ft. 70 ft. 100 ft. 50%(2) 3.0:1.0 Office 7,000 sq. ft. 70 ft. 100 ft. 60%(2) 5.0:1.0 Mixed Use (Vertical) 10,000 sq. ft. 70 ft. 100 ft. 100%(2) 5.0:1.0 Notes 1. Refer to Section 8.0 for definitions pertaining to Retail, Commercial, Office and Mixed Use Land Uses. 2. Includes main buildings. Parking structures and surface parking facilities shall be excluded from the coverage computations. 3. Structural parking facilities and surface parking lots shall not be included in lot coverage calculations. Table 4-3. Size of Yards (Urban Standards) Land Use/Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Townhome(2) 5 ft. 5 ft.(3) 5 ft. 20 ft. Multifamily, Urban Living 5 ft. (1,3) 5 ft. (1) Notes 1. Minimum setback of 10 feet adjacent to a nonresidential district. Minimum setback of 25 feet adjacent to a residential district. Setback may be eliminated for at tached buildings. 2. Vehicular access for Townhomes shall be provided at the rear of the unit via alleys.  All garage doors are to be cedar/wood clad or equivalent. Metal garage doors are not permitted. 3. A minimum building separation of 15 feet is requir ed. Table 4-4. Size of Lots and Lot Coverage—Residential Housing Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Townhome 2,500 sq. ft. 20 ft. 90 ft. 90% 10 du/ac Multifamily(2) 10,000 sq. ft. 80 ft. 100 ft. 90%(1) N/A Notes 1. Includes main building, accessory buildings and structured parking facilities. 2. Minimum density requirement of 24 du/ac (net). Planned Development No. ____ P a g e | 27 April 2014 4.2.2 Minimum Dwelling Area. a. Townhome. The minimum dwelling area shall be 1,500 square feet and a minimum 2 story. b. Multifamily. The minimum dwelling area for a one bedroom unit shall be 700 square feet; a two bedroom unit shall be 850 square feet. Additional bedrooms shall provide an additional 150 square feet per bedroom. 4.2.3 Maximum Residential Dwelling Units. The maximum number of multi-family residential dwelling units allowed within Subdistrict 3 shall be 300 units. However, the total number of multifamily and/or townhome units for all Subdistricts may not exceed 927. Any residential units not developed within Subdistrict 3 shall be allowed to be developed in Subdistrict 2 provided the density standards for each Housing Type (See Tables 3-3 and 3-5) for Subdistrict 2 are followed. 4.2.4 Timing Requirements for Multifamily Construction. Upon Completion of at least 250,000 sf of retail development and subsequent evidence of contracted tenants in at least 70 percent of the space, the developer may construct up to 300 multifamily units. Upon completion of at least 500,000 sf of retail and with subsequent evidence of contracted tenants in at least 70 percent of the space the developer may construct up to a total of 927 multifamily units. 4.2.5 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 4.3 BUILDING CRITERIA 4.3.1 Maximum Building Height. All structures in Subdistrict 3 shall conform to the building height requirements set forth in Table 4-5 below. Building height shall be measured to the highest point of a roof surface. Table 4-5. Maximum Building Height (7) Building Type Height (1) # Stories Non-Residential (2) 60 ft. 4 Hotel 80 ft. 5 Office 100 ft. 8 Hospital 100 ft. 8 Townhome 40 ft. 3(6) Multifamily, Urban Living(3) 80 ft. 5(4) Parking Structures(5) 80 ft. 4 Notes 1. Non-habitable elements integral to the design of buildings shall be allowed to exceed the height limit by a maximum of 20 feet. 2. Does not include hospitals, hotels, office, or medical office buildings. 3. Refer to Section 8.0 for definition of building type. 4. No structure shall exceed two stories or 40’ when located 150 feet or less from a single family zoning district. Planned Development No. ____ P a g e | 28 April 2014 5. Main parking structure should not exceed the height of adjacent building it is serving. The maximum allowed height is reduced to 40’ if generally visible to public ROW. 6. The minimum height of a townhome is two -story. 7. No structure within 750’ of First Street can exceed 4-stories in height (60 feet max.). 4.3.2 Maximum Building Length. There shall be no maximum length for buildings located within Subdistrict 3. However, all buildings shall be required to conform to the Building Articulation standards set forth in Section 4.3.7. 4.3.3 Building Materials. Exterior materials used in the construction of buildings shall comply with the following standards. a. Non-Residential and multifamily building types shall comply with the following standards: 1. All building façade’s shall be architecturally finished with 100% masonry with an allowance for up to 10% secondary materials. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block, textured and painted concrete tilt-wall, stucco (only allowed 9’ above grade). Windows, doors and accent materials shall be excluded from the façade area for the purposes of calculating primary building materials. 2. Secondary building materials include EIFS as a cornice, band, medallion, etc., wood, tile, or namental metal, metal canopies, canvas or metal awnings. EFIS is not allowed on the first nine (9’) feet of a structure. Planned Development No. ____ P a g e | 29 April 2014 3. All multifamily criteria and conceptual photos in section 3.4 of this ordinance also applies in this subdistrict. b. Townhome building types shall comply with the following standards. 1. The exterior facades shall be constructed of 100% masonry. Masonry finishes include clay fired brick, natural and manufactured stone, cast stone, stucco, and cementicious fiber board (not to exceed 50% of 2nd story and above of any façade area). Windows, doors, porches, columns and dormers shall be excluded from the façade area for the purpose of calculating primary building materials. Conceptual Photos – The photos below are provided as illustrative examples of the urban-style townhome construction described herein. These photos are not intended to be interpreted as exact representations of the proposed development, rather they are representative of the material architectural elements intended to be incorporated into this development. 4.3.4 Window Areas. There shall not exceed 80% of any façade area for buildings located in Subdistrict 3. Windows shall have a maximum exterior visible reflectivity of 10%, unless otherwise approved by the Director of Development Services or his/her designee. 4.3.5 Building Entries. Building entries shall be clearly defined by incorporating distinguishing architectural features, awnings, canopies, lighting, signage or building articulation. Planned Development No. ____ P a g e | 30 April 2014 4.3.6 Awnings, Canopies, Arcades and Overhangs. These elements shall be designed and materials shall be used to complement the building design. They should be located to be as functional as possible, and with consideration to landscape areas that may be impacted by their placement. 4.3.7 Above-Grade Structured Parking. When structured garages are provided, sufficient access from the right-of-way shall be provided. Entrances and exits shall be clearly marked for vehicles as well as pedestrians. The exterior façade of the parking structure, if visible from the street, shall incorporate similar design elements and finishes as the surrounding buildings in order to minimize the visual impact and shall be designed to minimize visibility from the street. Parking structures should be oriented in a manner to avoid a general site line from the intersection of Preston/US 380 unless otherwise approved by the Town. 4.3.8 Projections into Setbacks and/or Rights-of-Way. a. The following projections shall be permitted into a building setback or right-of-way for non-residential or mixed-use buildings only. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to 12 inches beyond a building face or architectural projection into the setback, but not the right -of- way. 2. Business signs and roof eaves may project up to 36 inches beyond the building face or architectural projection into the setback, but not the right -of- way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and area-ways; and elements of a nature similar to those listed; may project up to 48 inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than 24 inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. Projections as described above shall only be permitted into a building setback or right-of-way provided the following: 1. No projection shall be permitted into a building setback or right -of-way of Lovers Lane, Coleman Street or Frost Street, or any other major or minor thoroughfare. 2. Such projections do not extend over the traveled portion of a roadway. 3. The property owner has assumed liability related to such projections Planned Development No. ____ P a g e | 31 April 2014 4. The property owner shall maintain such projection in a safe and non- injurious manner. b. Where front porches are provided for Townhome uses, they shall be permitted to encroach a maximum of five feet into the front setback line. 4.4 PERMITTED USES 4.4.1 General. The following general conditions shall apply to Subdistrict 3. Additional commerical uses are allowed for the parcel(s) located on the west side of the railroad as noted in Section 6.6 under Wholesale Uses and Manufacturing/Industrial Uses. 4.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 3 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. Planned Development No. ____ P a g e | 32 April 2014 5.0 subdistrict 4—RESIDENTIAL NEIGHBORHOOD 5.1 GENERAL PURPOSE AND DESCRIPTION The Residential Neighborhood Subdistrict will serve the purpose of providing a planned residential community to serve the needs of the Town by facilitating a range of housing opportunities. The development standards included in this Subdistrict are generally consistent with the Single-Family-10, zoning district in the existing Town of Prosper Zoning Ordinance. By providing additional housing opportunities in close proximity to the services included in the other Subdistricts as well as varied transit opportunities will allow for an overall development that will be more self-sufficient and ultimately more sustainable. 5.2 SITE CRITERIA 5.2.1 Property Development Regulations. The proposed housing types shall conform to the property development regulations in Tables 5-1 and 5-2. Table 5-1. Size of Yards Housing Type Minimum Front Minimum Side Minimum Corner Minimum Rear Single-Family 25 ft. 8 ft. 15 ft. 25 ft. Table 5-2. Size of Lots and Lot Coverage Building Type Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage Maximum Density Single-Family 10,000 sq. ft. 80 ft.(1) 125 ft. 50% 200 lots Notes 1. The minimum lot width is defined as the minimum width as measured along the platted building setback line. 5.2.2 Minimum Dwelling Area. The minimum dwelling area for standard residential uses shall be as follows: a. Single-Family. The minimum dwelling area shall be 2,100 square feet. 5.2.3 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining to parking standards. 5.2.4 Private Street Development. Restricted access or gated entrances may be permitted as means of establishing a private street development or gated community within Subdistrict 4 via a specific use permit. 5.2.5 Garage Entry. Garages with ‘L’ or ‘J’ hook driveway entrances shall be permitted in Subdistrict 4. Planned Development No. ____ P a g e | 33 April 2014 5.3 PERMITTED USES The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in Section 6.6 of this Ordinance. 5.4 CONCEPTUAL ELEVATIONS The following conceptual elevations are provided for illustrative purposes and are not intended to represent exact renderings or plans of the buildings depicted. These renderings are provided as representative examples of the material architectural elements that are intended for this development. Planned Development No. ____ P a g e | 34 April 2014 Planned Development No. ____ P a g e | 35 April 2014 6.0 GENERAL REQUIREMENTS 6.1 PLAN APPROVAL PROCESSES 6.1.1 General. Development shall generally take place in accordance with the attached Conceptual Development Plan (Exhibit D), Design Guidelines (Exhibit F) and Conceptual Thoroughfare Plan (Exhibit H). 6.1.2 Conceptual Development Plan. Plats and/or site plans submitted for the development of the PD District shall conform to the data presented and approved on the Conceptual Development Plan (Exhibit D). Changes of detail on these final development plan(s) that differ from the Conceptual Development Plan (Exhibit D) may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. Alter the basic relationship of the proposed development to adjacent property 2. Alter the uses permitted, 3. Increase the density, 4. Increase the building height, 5. Increase the coverage of the site, 6. Reduce the off-street parking ratio 7. Reduce the building lines provided at the boundary of the site, or 8. Significantly alter any open space plans If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). Any change to the boundaries of an individual Subdistrict that results in a change of less than 15% of the land area for that Subdistrict may be authorized by the Director of Development Services or his/her designee. 6.2 OPEN SPACE 6.2.1 General. The open space and parkland dedication requirements shall be in accordance with the Town’s zoning ordinance unless specified herein and/or other requirements / regulations are established via a developer’s agreement with the Town at which time the authorized Developer’s Agreement will hold precedence over this Planned Development and/or the Town’s zoning Ordinance requirements. 6.2.2 Design Criteria. Land utilized to satisfy Open Space requirements shall meet the following criteria, as relevant: Planned Development No. ____ P a g e | 36 April 2014 a. A maximum of 1/2 of the required on-site Open Space for either Townhome or Multifamily development may be located off the platted lot however, within 1000’ of any unit of a development towards which it will be counted with respect to the Townhome or Multifamily development but within the boundary of the overall Planned Development provided the off-site and on-site Open Space is interconnected by a minimum eight-foot trail system. b. Required Open Space for non-residential areas do not have to be located on the individual platted lots but allocated as part of the overall master plan and/or site plan. 6.3 PARKING REQUIREMENTS 6.3.1 General. The following general standards shall apply. a. The number of parking spaces provided for uses shall be in accordance with the requirements established in Section 6.3.2 of these standards. b. Where on-street parking is provided, angled as well as parallel parking shall be permitted. On-street parking shall not be permitted within 30 feet of the curb line of a cross street, drive or common access easement. c. On-street parking spaces shall be permitted within Subdistricts 2 and 3 within this Planned Development. Parking spaces may be provided in the right-of-way and shall conform to Town standards for vehicle parking areas. No on street parking spaces will be allowed on major or minor thoroughfares. d. Vehicle maneuvering shall be allowed within the public right -of-way where on-street parking is provided. e. When structured parking garages are provided, adequate access from public rights-of- way via private drives and/or access easements shall be made readily available. f. Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. g. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. h. Speed bumps/humps are not permitted within a fire lane. However, speed tables may be permitted within a fire lane provided they are approved by the Town of Prosper Fire Department at the time of plat and/or site plan submittal. i. Dead-end parking aisles are discouraged and shall only be permitted in unique circumstances upon approval by the Director of Development Services or his/her designee. j. In the case of mixed uses, uses may share parking spaces where the pra cticability of shared parking can be demonstrated. The applicant shall submit a parking analysis to the Director of Development Services demonstrating the feasibility of shared parking. The parking analysis shall address, at a minimum, the size and type of the proposed development, location of required parking, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. The applicant shall also demonstrate that any parking reduction requested as part of the shared parking study will not result in the spillover of parking onto other properties. Planned Development No. ____ P a g e | 37 April 2014 k. Outdoor patio and sidewalk dining, as well as other public seating areas, are permitted; these areas shall be included in parking calculations at a rate of 50% of standard requirements. l. Surface parking is allowed in urban living multifamily development as long as the parking areas other than on-street parking are located internal to the multifamily development and are screened from public right of way through the use of landscaping and/or walls and structures. m. For vertical mixed use developments, no more than one drive with parking on both sides is allowed between the mixed use structure and the public ROW(s) unless otherwise approved by the Town. 6.3.2 Parking Requirements Based on Use. In all Subdistricts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements:  Assisted Living Facility or Congregate Care Facility: 1.1 parking spaces per dwelling unit.  Automobile Oil Change and Similar Establishments: One parking space per service bay plus one parking space per maximum number of employees on a shift. The stacking requirements shall be 3 stacking spaces per bay.  Dwellings, Townhomes: Two spaces for each unit. Townhome units with one-car garages shall be permitted to satisfy this requirement through tandem parking spaces by providing one covered space and one space located directly adjacent to the garage, provided the tandem parking spaces have minimum dimensions of nine feet by twenty feet. Townhome units with two-car garages shall provide two covered spaces, located behind the front building line, and two maneuvering spaces for each unit. Permitted on-street parking shall count toward the required off-street parking requirement provided the space(s) are within 300 feet of the property line of the affected lot.  Dwellings, Multifamily: One and one-half spaces for one bedroom units, plus one- half additional space for each additional bedroom. The required number of spaces shall be no less than 1.8 spaces per dwelling unit overall. Covered or enclosed parking shall not be required for Multifamily Dwellings. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off -street parking requirements. Covered or enclosed parking may be a part of the dwelling structures or an accessory building. Tandem parking spaces shall be permitted to satisfy parking requirement provided they are located in front of a garage and have minimum dimensions of nine feet by twenty feet.  Gasoline Station: Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. A convenient store portion of a gas station shall be parked at a ratio of one parking space per 250 square feet of gross floor area.  Mail Kiosks. Mail Kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided.  Medical or Dental Office: One space per 250 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals. Planned Development No. ____ P a g e | 38 April 2014  Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One space per 250 square feet of gross floor area.  Restaurant, Cafe or Similar Dining Establishment: One parking space for each 100 square feet of gross floor area. 6.4 DETENTION PONDS Detention Ponds located adjacent to Preston Road or at other high visibility locations as generally depicted on Exhibit D, shall be treated as open space amenit ies and landscaped as such. If there are no prohibitive regulatory permitting issues or design constraints, these ponds will be constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintain a constant pool elevation. Detention ponds located in less visible locations shall be fully vegetated with turfgrass and designed to drain completely and allow ease of maintenance. All visible outfall structures shall be faced with stone. 6.5 LANDSCAPING 6.5.1 General. All required landscape areas shall comply with the specific standards contained in the Town of Prosper Zoning Ordinance except as noted herein. 6.5.2 Landscape Area Requirements. The below standards shall be applied consistent with the land uses specified below. a. Non-Residential and Mixed Use. These standards apply to Non-Residential and Mixed-Use land uses. 1. All retail buildings which back to US 380 shall be screened through the use of either a solid 8’ tall, masonry screening wall, or the planting of a double row of evergreen trees such as eastern red cedars or other similar tree that will provide a continuous screen. The evergreen trees used for the screen shall be a minimum of 8 foot tall at the time of planting. There will also be additional berming and planting of smaller shrubs and trees within the water line easements along Highway 380 to the extent allowed by the Town. In the event that an 8’ masonry wall is used, shrubs and/or trees will be spaced along the exterior of the wall to soften its appearance. Planned Development No. ____ P a g e | 39 April 2014 2. Where on-street parking is provided, a minimum six -foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of four caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. The placement of any items in the public right-of-way is subject to the approval of the Town’s staff. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. b. Multifamily. These standards apply to multifamily land uses. 1. Perimeter Requirements. (a) Thoroughfares. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 25 feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on Lovers Lane, Coleman Street, and Richland Boulevard. A maximum deviation of five feet of the minimum width of the landscape area is permitted, provided the minimum average width of 25 feet or 30 feet; respectively, is maintained. One Large Tree, four-inch caliper minimum per 30 lineal feet of roadway frontage shall be planted within the required landscape area. The trees may be planted in groups with appropriate spacing based on species. A minimum of 15 shrubs with a minimum size of five gallons each will be planted in the landscape area for each 30 lineal feet of frontage. Parking abutting the landscape area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Planned Development No. ____ P a g e | 40 April 2014 (b) Collectors or Other Roadway. A landscape area consisting of living trees, turf or other living ground cover and being at least an average of 15 feet in width measured from the property line interior to the property shall be provided adjacent to all other collector streets, where on-street parking is not provided. A maximum deviation of three feet of the minimum width of the landscape area is permitted, provided the minimum average width of ten feet is maintained. Where on-street parking is provided, a minimum six-foot wide buffer yard shall be established in the right-of-way. The area shall be located adjacent to the curb and be planted with street trees located a minimum distance of four feet from the back of curb, with an average spacing no greater than 50 feet on center. All trees shall be a minimum of three caliper inches when planted. Due to the location of the street trees, root barriers shall be provided. The area shall also provide space for street furniture such as seating, street lighting, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus stops, bicycle racks, and public utilities. If approved by the Town, a sidewalk with tree wells may abut the curb in lieu of said criteria. 2. Interior Parking. Any multifamily surface parking area shall provide interior landscaping as follows: (a) Twenty square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking lot area. (b) All landscaped areas shall be protected by a raised 6-inch concrete curb. Pavement shall not be placed closer than four feet from the trunk of a tree unless a Town approved root barrier is utilized. (c) Landscape islands shall be located at the terminus of all parking rows, and shall contain at least one Large Tree, four-inch caliper minimum, with no more than 12 parking spaces permitted in a continuous row without being interrupted by a landscaped island. The maximum number of continuous parking spaces may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (d) Landscape islands shall be a minimum of 160 square feet, not less than nine feet wide and a length equal to the abutting space. (e) There shall be at least one Large Tree, three-inch caliper minimum, within 150 feet of every parking space. This minimum distance may be expanded with approval by the Director of Development Services or his/her designee, in the event that required islands are grouped to form larger islands. (f) Subject to approval by the Director of Development Services or his/her designee, landscape islands may be grouped to form one large island. Grouping for large islands is prohibited adjacent to public street frontage. Planned Development No. ____ P a g e | 41 April 2014 (g) These standards shall not apply to structured parking facilities. 3. Building Landscaping. Foundation plantings of a single row of shrubs are required along the front façade of all buildings adjacent to a public street. 4. Irrigation Requirements. Permanent irrigation shall be provided for all required landscaping as follows: (a) Irrigation lines shall be placed a minimum of two and one-half feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. (b) Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. (c) Rain, freeze, and wind detectors shall be installed on all irrigation lines. 6.6 SIGNAGE The developer will follow the Town’s standard signage ordinance with the understanding it can create a special purpose sign district per Section 1.12 of the Town’s sign ordinance for each development phase to meet the unique needs of the overall development. 6.7 PERMITTED USE MATRIX SUBDISTRICT RESIDENTIAL USES 1 2 3 4 Mobile and /or Manufactured Homes Model Home    Multifamily Dwelling (including loft, work/live units and studio apartments)   Private Street Development (excluding MF) S S S Retirement Community Residential Development (RCRD Housing) S S S Single Family Dwelling, Attached (Townhome)   Retirement Housing 12 Single Family Dwelling, Detached  Two Family Dwelling (Duplex) SUBDISTRICT ACCESSORY & INCIDENTAL USES 1 2 3 4 Accessory Building     Caretaker's/Guard's Residence Construction Yard and Field Office, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL Electronic security facilities including gatehouse and control counter    Garage Apartment (not to be rented)  Guest House (see conditions in Zoning Ordinance; over .5 acre lot)  Homebuilder Marketing Center 1 1 1 1 Home Occupation 2 2 2 Planned Development No. ____ P a g e | 42 April 2014 SUBDISTRICT ACCESSORY & INCIDENTAL USES (continued) 1 2 3 4 Mail Kiosk    Mobile Food Vendor Retail/Service Incidental Use     Storage Facilities and uses (incidental to primary use)   Temporary Building – see conditions in Town Zoning Ord. (Section 2.0) S S S S EDUCATIONAL, INSTITUTIONAL, PUBLIC AND SPECIAL USES SUBDISTRICT 1 2 3 4 Airport/Heliport Assisted Care or Living Facility, including Memory Care S S Athletic Stadium or Field, Private 3 3 3 Athletic Stadium or Field, Public    Cemetery or Mausoleum Civic/Convention Center    College, University, Trade, or Private Boarding School    Community Center     Farm, Ranch, Stable, Garden, or Orchard  Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority   Helistop S S Rehabilitation Care Institution 14 14 Hospital   Household Care Facility S S  House of Worship     Municipal Uses Operated by the Town of Prosper     Museum/Art Gallery    Open Storage – see conditions in Town Zoning Ord.   Park or Playground     Private Recreation Center     Public Recreation Facilities     Rehabilitation Care Facility Rehabilitation Care Institution School, Public     School, Private or Parochial    S TRANSPORTATION, UTILITY AND COMMUNICATIONS USES SUBDISTRICT 1 2 3 4 Antenna and/or Antenna Support Structure, Non-Commercial 4 4 4 Antenna and/or Antenna Support Structure, Commercial Stealth Antenna, Commercial 5 5 5 Bus Terminal S S Carting or Express Hauling Electric Power Generating Plant Planned Development No. ____ P a g e | 43 April 2014 TRANSPORTATION, UTILITY SUBDISTRICT AND COMMUNICATIONS USES (continued) 1 2 3 4 Landfill Office and Storage Area for Public/Private Utility Private Utility, Other Than Listed     Radio and Television Studios and Broadcasting Facilities School District Bus Yard 6 6 6 Sewage Treatment Plant/Pumping Station S S S S Telephone Exchange    S Transit Center S S Utility Distribution/Transmission Facility S S S S Water Treatment Plant S S S S SUBDISTRICT OFFICE AND PROFESSIONAL USES 1 2 3 4 Administrative, Medical, or Professional Office    Corporate Campus   Governmental Office    Insurance Office    Multi-Tenant Office Building    Research and Development Center –see conditions in Town Zoning Ord. S S S SUBDISTRICT RETAIL USES 1 2 3 4 Antique Shop and Used Furniture    Alcohol Sales (Must comply with all the conditional standards in the zoning ordinance as it exists, or may be amended.)    Building Material and Hardware Sales, Major  S Building Material and Hardware Sales, Minor    Convenience Store with Gas Pumps 10 10 10 Convenience Store without Gas Pumps    Equipment and Machinery Sales and Rental, Major Equipment and Machinery Sales and Rental, Minor    Farmer's Market S S S Feed Store Flea Market, Inside Flea Market, Outside Furniture, Home Furnishings and Appliance Store    Gas Pump as Accessory Use 13 13 Nursery, Major S S Nursery, Minor    Pawn Shop Retail Stores and Shops    Planned Development No. ____ P a g e | 44 April 2014 SUBDISTRICT SERVICE USES 1 2 3 4 Artisan's Workshop   Bank, Savings and Loan, or Credit Union    Beauty Salon/Barber Shop    Bed and Breakfast Inn S Body Art Studio Business Service    Cabinet/Upholstery Shop    Campground or Recreational Vehicle Park Catering Establishments    Commercial Amusement, Indoor    Commercial Amusement, Outdoor S S S Computer Sales and Repairs    Contractor's Shop and/or Storage Yard Dance Hall S S Day Care Center, Adult S S S Day Care Center, Child 7 7 7 7 Day Care Center, In-Home 8 8 8 Day Care Center, Incidental S S S S Dinner Theater    Dry Cleaning, Minor    Fairgrounds/Exhibition Area S S Fortune Teller/Psychic Furniture Restoration S Golf Course and/or Country Club S S S Gunsmith Gymnastics/Dance Studio    Health/Fitness Center    Hotel – see conditions in Town Zoning Ord.,    Household Appliance Service and Repair    Indoor Gun Range 9 9 9 Landscaping Service Laundromat    Locksmith/Security System Company    Massage Therapy, Licensed    Massage Therapy, Unlicensed Medical and Health Care Facilities/Clinics    Messenger/Courier and Telegraph Services    Mortuary/Funeral Parlor S S S Motel Pest Control/Exterminating Shops   Pet Day Care – see conditions in Town Zoning Ord.    Planned Development No. ____ P a g e | 45 April 2014 Print Shop, Minor    SUBDISTRICT SERVICE USES (continued) 1 2 3 4 Private Club S S S Residence Hotel – See conditions in Town Zoning Ord.   Restaurant or Cafeteria    Restaurant, Drive Through 16 16 16 Sexually Oriented Uses Small Engine Repair Shop Stable, Commercial Taxidermist Theater, Drive In Theater, Neighborhood    Theater, Regional   Trailer Rental Veterinarian Clinic and/or Kennel, Indoor    Veterinarian Clinic and/or Kennel, Outdoor SUBDISTRICT AUTOMOBILE AND RELATED USES 1 2 3 4 Auto Parts Sales, Inside    Auto Parts Sales, Outside Automobile Parking Lot/Garage    Automobile Paid Parking Lot/Garage    Automobile Repair, Minor   Automobile Sales / Leasing, New 11 11 11 Automobile Sales, Used Automobile Storage Car Wash  S S Car Wash, Self-Serve Motorcycle Sales/Service S S S Recreational Vehicle/Truck Parking Lot or Garage Recreational Vehicle Sales and Service, New/Used 9 9 9 Salvage Yard Truck/Bus Repair Truck Sales, Heavy Trucks Truck Terminal SUBDISTRICT WHOLESALE USES 1 2 3 4 Apparel Distribution Center 15 Bottling Works 15 Clothing, Footwear and Textile Center 15 Food Product Distribution Center 15 Mini-Warehouse/Public Storage S Planned Development No. ____ P a g e | 46 April 2014 Office/Showroom 15 SUBDISTRICT WHOLESALE USES (continued) 1 2 3 4 Office/Warehouse/Distribution Center 15 Storage or Wholesale Warehouse 15 Winery S SUBDISTRICT MANUFACTURING AND INDUSTRIAL USES 1 2 3 4 Bakery (Commercial) Concrete/Asphalt Batching Plant, Permanent Concrete/Asphalt Batching Plant, Temporary TEMPORARY BUILDING PERMIT ISSUED BY BUILDING OFFICIAL General Manufacturing/Industrial Use Complying with Performance Standards 15 Limited Assembly and Manufacturing Use Complying with Performance Standards 15 Machine Shop Mineral Extraction Miscellaneous Hazardous Industrial Uses Portable Building Sales S Recycling Collection Point 15 Recycling Center S Recycling Plant Trailer/Mobile Home Display and Sales LEGEND  Use permitted in district indicated Use prohibited in district indicated S Use is permitted in district upon approval of a specific use permit 1 Use is permitted in the Subdistrict indicated in accordance with the conditional development standards or limitations in the corresponding numeric end note in Section 6.6.1 of this Ordinance. {This space intentionally left blank} Planned Development No. ____ P a g e | 47 April 2014 6.7.1 Conditional Development Standards. 1. Homebuilder Marketing Center. Shall be used only to market homes/lots in the development where it is located when located in a residential zoning district. The use must be removed when all homes/lots in the development have been sold. 2. Home Occupation. A home occupation is a business that is customarily carried on in a home by the resident and shall adhere to all of the following conditions and requirements: (a) No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. (b) Only two employees other than the occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. (c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. (d) Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. (e) No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. (f) The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. (g) A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. (h) No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. (i) No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. (j) No storage of hazardous materials for business purposes shall be allowed on the premises. (k) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. (l) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. 3. Athletic Stadium or Field, Private. Only permitted by Specific Use Permit when developed in conjunction with a School, Private or Parochial. Planned Development No. ____ P a g e | 48 April 2014 4. Antenna, Non-Commercial. (a) Satellite Dishes and Wireless Broadband Antennas (1) In Subdistrict 4 (Single Family Detached), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per lot or primary structure. One of the three satellite dishes and/or wireless broadband antennas on a residential structure and/or lot may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (2) In Subdistricts 2 and 3 (Townhome and Multifamily), satellite dishes and wireless broadband antennas are permitted only on the back half of a residential structure or in the back yard of a residential lot unless a signal cannot be received in these areas. Should a satellite dish or wireless broadband antenna be placed somewhere other than on the back half of a residential structure or in the back yard of a residential lot, it shall be limited to not more than two feet in diameter. Only three satellite dishes and/or wireless broadband antennas shall be permitted per residential unit. One of the three satellite dishes and/or wireless broadband antennas on a residential unit may be up to 12 feet in diameter. The other two satellite dishes and/or wireless broadband antennas shall not exceed two feet in diameter. (b) Non-commercial antennas shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 45 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the building official, prior to installation, stating the antenna's stability and support and shall not extend more than six feet above the first story. 5. Antenna, Stealth. Stealth antennas are permitted by right in the residential land uses within a Subdistrict only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure. Stealth antennas are permitted by right in the non-residential districts. The Director of Development Services, or his/her designee, may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth in Chapter 2, Section 1.2 of the Prosper Zoning Ordinance (Ordinance 05-20). For stealth antenna requests of a type that are not specifically listed in this definition, the Town Council may determine if a proposed commercial Planned Development No. ____ P a g e | 49 April 2014 antenna is a stealth antenna or not when considering site plan approval for the proposal. 6. School District Bus Yard. A School District Bus Yard shall be owned and/or operated by a public Independent School District. Unless otherwise approved by the Planning & Zoning Commission, School District Bus Yards shall be screened using one of the following methods: (a) Option 1 (1) A six (6) foot ornamental metal fence, (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers, and (3) Five (5) gallon evergreen shrubs on three (3) foot centers. (b) Option 2 (1) A six (6) foot clay-fired brick wall, and (2) Three (3) inch caliper evergreen trees on twenty (20) foot centers. 7. Day Care Center, Child. Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a Day Care Center, Child in a public school. A Day Care Center, Child not operated by a public independent school district is permitted by SUP in all Subdistricts. 8. Day Care Center, In-Home. Permitted by right as a home occupation in the designated Subdistricts and is subject to the regulations of Home Occupation. 9. Shall be permitted by right when serving as a complementary use to a primary use. Shall not be subject to the limitations of a maximum of 15% of a main use. Other similar uses not specifically defined may also be permitted. Primary use sales/services may only be allowed by S.U.P. 10. Limited to one at each of the following intersections: Lover’s Lane at Preston, First Street at Preston, and Lover’s Lane at Coleman Street. 11. Shall be limited to high-end or specialty automobile sales and shall have limited out door model displays. A maximum of two rows of display parking (one drive) is allowed along any street frontage. The use shall only be allowed if permitted by SUP. 12. Only allowed in Subdistrict 4 as detached units. 13. Gas Pumps as Accessory Use – Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards. a. Accessory gas pumps must be located on the same lot as a big box tenant. b. A sales kiosk servicing the accessory gas pumps shall be less than five hundred (500) square-feet in floor area. c. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. Planned Development No. ____ P a g e | 50 April 2014 1. For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Future Land Use Plan. 2. Accessory gas pumps do not have to meet the spacing requirement if: i. A major thoroughfare separates the accessory gas pumps from the residential lot; or ii. The Future Land Use Plan designates a lot as residential, but Town Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot. d. Canopies shall have pitched roofs. e. Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building. f. The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage. 14. Requires a S.U.P. if located within 250 feet of single family detached zoning. 15. Uses only allowed west of railroad. 16. Limited to 3 locations on either side of Preston and no more than 2 adjacent to each other. {This space intentionally left blank} Planned Development No. ____ P a g e | 51 April 2014 7.0 INFRASTRUCTURE DESIGN STANDARDS 7.1 GENERAL Due to the unique and dynamic nature of Town Center and Transit-Oriented Developments, there are a number of design elements that deviate from standard suburban design criteria. Therefore, it is understood that that alternate design criteria may be utilized in the layout and design of this Planned Development. The design criteria may include such elements as design speeds for streets, street and parking layouts, alternative street sections, storm drain inlets (e.g., grate inlets, slotted drains, etc.), alternative stormpipe materials (e.g., PVC, HDPE), utility locations, etc. Design criteria may be based on similar criteria utilized in similar development throughout the Dallas-Fort Worth Metroplex as previously referenced herein or as determined to be comparable developments. Such standards must be approved by the Town’s Engineering Department. Planned Development No. ____ P a g e | 52 April 2014 8.0 DEFINITIONS Adjacent. The condition of sharing a common dividing line (e.g., property line). For the purposes of this Ordinance, properties that are separated by a thoroughfare shall not be considered adjacent. Apartment, loft. A dwelling unit consisting of a single room or a series or rooms, which is attached to but secondary to a main non-residential structure and is generally located above the first floor of the structure. Apartment, studio. A dwelling unit which has, as an integral part of the unit, a work area generally associated with the creative arts and which may consist of a single room or series or rooms. Big Box. Retail buildings over 80,000 square feet where the primary tenant occupies at least 80 percent of the building. Catering Establishment. An establishment where food and drink are prepared, for immediate off premises consumption. Commercial Land Use. Commercial Land Use shall include “Service Uses” and “Automobile and Related Uses” as listed in Section 6.5 of this Ordinance and similar uses. Dinner Theater. A building or portion of a building used primarily for showing motion pictures or for dramatic, musical or live performance where food and drink are prepared and consumed on the premises during the event. Dwelling Area. Dwelling Area shall mean the area between the floor and roof above it, as measured from the outside edge of the exterior walls of the main structure. The dwelling area calculation excludes basements, patios, decks, balconies, uncovered porches, and covered porches unenclosed on one or more sides. EIFS. An acronym for Exterior Insulation and Finish System; a type of exterior cladding for building walls. Flag Lot. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. There shall be no maximum distance for the required width from the front property line. Landscape Service. Professional service focused on the design and/or installation of landscaping in either a commercial or residential application. The service may include open storage of the materials and equipment used in the process of landscape installation. Messenger / Courier Service. Premium service specializing in the personal delivery of messages, packages and mail. Mixed Use Land Use. An integrated (either horizontal or vertical) mix of land uses within a tract of land or a building. For the purposes of this Planned Development, a Mixed Use Land Use shall include a minimum of two individual land uses (residential/non-residential; retail/multi- family; office/multi-family; etc.). Multifamily, Urban Living. Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of Hotels, Motels, or Residence Hotels. Urban Living Multifamily dwelling units are consistent with an urban-style dwelling unit and Planned Development No. ____ P a g e | 53 April 2014 intended to accommodate multifamily residential uses, including both for-sale and rental units. Parking can be either surface parking and/or structural parking. Office Land Use. Office Land Use shall include “Office and Professional Uses” as listed in Section 6.6 of this Ordinance and similar uses. Open Storage. The outside storage or exhibition of goods, materials, merchandise or equipment that is either for sale on the premises or is used in the normal course of doing business or conducting a business service. Pest Control / Extermination Service. Service specializing in the regulation or management of pests perceived to be detrimental to a person’s health, the ecology or the economy. The service may include open storage of the materials and equipment used in the process of performing the service. Rehabilitation Care Institution. Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. Retirement Housing. Any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care. Retail Land Use. Retail Land Use shall include “Retail Uses” as listed in Section 6.6 of this Ordinance and similar uses. Security Facilities (including gatehouse and control counter). A freestanding structure which is part of a larger development that’s primary function is to aid in monitoring and controlling incoming and outgoing vehicular traffic. The facility may be occupied by security personnel or it may only house electronic surveillance equipment. Storage Facility. A freestanding or attached structure which is part of a larger commercial or residential development that’s primary function is to store material or equipment necessary for the ongoing maintenance or upkeep of the development which it is associated with. Townhome. A structure containing three to eight dwelling units with each unit designed for occupancy by one family and each unit attached to another by a common wall. Work/Live Space. a space within a building that is used jointly for residential and/or commercial purposes, where the residential space is accessory to the primary use as a place of work. Planned Development No. ____ P a g e | 54 April 2014 EXHIBIT “E” Development Schedule Planned Development No. ____ P a g e | 55 April 2014 Development Schedule It is currently anticipated that the development of Gates of Prosper will begin within two to four years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. The development schedule for the approximate 621 acres will be phased over the next 10 to 15 years and is primarily dependent on the marketability of the highest and best use of the l and for the respective land tracts. Progress of development improvements will primarily depend on the time frames established for construction of thoroughfares, utilities, and market trends/demands for the area. The development of non-residential uses within Subdistrict 1 and Subdistrict 2 will constitute the initial phases of development. The development of Urban Living Multifamily residential units in Subdistrict 2, and/or Subdistrict 3 shall not begin until a minimum combined total of 250,000 square feet of commercial/retail development has been constructed and tenant leases have been established for at least 70 percent of that area. The required commercial/retail development may include regional retail anchors, a town center mixed-use component, a major multi-purpose medical center with emergency care facilities, a transit station, a mall, a hotel, or another major development anchor as determined by Town Council. Incorporation of residential units into a mixed-use town center are not subject to the aforementioned preconditions as long as they are vertically integrated into the retail/commercial structures. The development schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability, acts of nature, and other similar conditions. Planned Development No. ____ P a g e | 56 April 2014 EXHIBIT “F” SUPPLEMENTAL DESIGN GUIDELINES Planned Development No. ____ P a g e | 57 April 2014 Supplemental DESIGN PRINCIPLES The Town of Prosper is on the cusp of transforming itself from a prosperous farming community into a prosperous economic engine and enviable residential neighborhood. The vision for the “Gates of Prosper” is to be the gateway into Prosper’s new future. The architectural design principles for this development are intended to reinforc e a uniform spirit and character throughout the development while promoting fresh and visionary diversity.  Subdistricts have been carefully planned to maximize vehicular access to transportation arteries and pedestrian access to future transit systems.  Subdistricts are designed and planned to create a special community that offers the opportunity to live, work, shop and recreate in an urban environment located in a suburban area.  Each Subdistrict can have its own identity yet still create a sense of belonging through use of consistent iconic markers, streetscape designs, landscape forms, signage, lighting and architectural building standards. These elements should allow Subdistricts to transition seamlessly from one to the next.  Public amenities including parks, trails, plazas, interactive areas and gateways are planned to serve as venues for recreation, entertainment and social interaction.  Pedestrian ways should be memorable through their use of landscaping and lighting, and by incorporating shade, street furnishings and other sidewalk amenities. Planned Development No. ____ P a g e | 58 April 2014 SITE DESIGN The entire site has been effectively designed for efficient land use, as a strong gateway into Prosper and as a quality environment that resonates a “sense of place”. This design contributes to the overall identity which adds value to the project as well as the entire community. To promote these benefits the design has incorporated following features:  Street design and streetscapes including boulevards connecting and traversing through the different subdistricts.  Gateway icons that announce entry into and welcome residents and guests to the development. Wayfinding markers that give direction within the development and reinforce the quality of the development.  Public areas that are accessible and provide for a variety of entertainment and recreational experiences.  Subdistricts that allow for a crossover of uses while concentrating like uses for the convenience of residents and guests. SUBDISTRICT DESIGN  Subdistrict 1—Regional Retail. Subdistrict 1, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing for the needs of the community by facilitating the development of regional-serving retail, personal service, and office uses.  Subdistrict 2—Lifestyle Center. Subdistrict 2, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a compact, neighborhood and pedestrian scale mixture of office, retail, personal service, residential and community activities on single or contiguous building sites.  Subdistrict 3—Downtown Center. Subdistrict 3, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing an active living and working community benefiting from its proximity to the existing Town core and the adjacent Subdistricts.  Subdistrict 4—Residential Neighborhood. Subdistrict 4, as depicted on the Conceptual Development Plan (Exhibit D) shall serve the purpose of providing a planned residential community to serve the needs of the Town and add a complimentary use to the overall development. Planned Development No. ____ P a g e | 59 April 2014 BUILDING DESIGN Building design is only one element that contributes to the fabric of a community. Although building design can be the most effective means of translating the character, it has to work in concert with all other designed elements. It is not the intent of this section inhibit but give the freedom to achieve excellence in building design within the limits of a few design criteria. BUILDING MASSING AND SCALE. A building's mass or scale is determined by its component parts, including the size of its footprint, its height, its proportions and its relationship to surrounding buildings. Individual characteristics of mass and scale include:  Form: A buildings form should have a relationship to the proposed streetscape that contributes to a comfortable environment and pleasing pedestrian experience. Its form should also be in context with surrounding buildings.  Shape: A buildings shape should incorporate variations in height, rooflines and wall planes and be expressive without seeming unnatural.  Scale: The use may be a determining factor in the size of a building. Incorporating special design techniques can reduce the apparent scale of a structure, such as: a. Subdividing the façade of the building into top, bottom and middle components. b. Using overhangs and shadow lines to create a sense of depth. c. Changing building finishes or colors at logical breakpoints. d. Repeating patterns of windows, awnings, colonnades, porches, offsets or recesses. BUILDING RHYTHM/ARTICULATION. All buildings, shall be designed to incorporate a form of architectural articulation as described in other sections of this document. Architectural articulation can be achieved in a variety of traditional and imaginative ways. The intent is to allow creative architectural notions but not be gregarious or draw unusual attention to their expression. This will allow for variety of design and identity within subdistricts while maintaining high standards for the overall development. ARCHITECTURAL ELEMENTS. They are the unique details and component parts that together, form the architectural style of buildings. Architectural elements typically include compositions of forms and shapes, patterns of windows, doors, roofs and awnings but can also include compositions of materials, expressions of structure, notions of shade and respite, patterns of light and dark, placement of follies and fixtures, all of which must be combined in ways that reinforce the character and quality of the overall development. Planned Development No. ____ P a g e | 60 April 2014 FAÇADE TREATMENTS. Building façades, with their shapes, materials, colors, openings, textures, and details, shall be used to contribute to the architectural character of the development.  All Retail except Major Anchor Retail shall have ground level storefront extending across a minimum of 50% of front façade length. Other uses shall have window treatments appropriate for their use.  On secondary sides of retail buildings, windows do not need to be provided at ground level; however, buildings should avoid monotonous, uninterrupted walls by incorporating articulation standards as outlined in other sections of this document. A variety of offsets, recesses, etc. shall be used to add variety and interest to the building and eliminate long blank walls.  Same or similar materials will be used on major as well as minor sides of the building to ensure a continuity of the building on all sides. LIGHTING. Lighting is an important aspect of the development. Strategic placement of lighting will greatly enhance the overall ambiance of the development. Security lighting shall be installed per the codes and ordinances of the Town. Architectural lighting should be designed to enhance the buildings appearance. Exterior lighting such as street lamps, façade lighting, twinkle lights, up-lighting at key building elements and landscape features, etc., is allowed. All lighting shall meet the standards outlined in the Town’s Zoning Ordinance as it currently exists or as amended there to. PAD SITE BUILDINGS. Buildings on pad sites shall use similar materials and elements in order to visually identify with the rest of the project. Planned Development No. ____ P a g e | 61 April 2014 Public Realm Design The public realm exists at the intersections of the various aspects of community living. It consists of areas with unlimited and direct access and is centered upon the pedestrian experience. Streets, sidewalks, plazas and parks are all components of the public realm, and help create a pedestrian network. This network should be given priority over the street network (vehicle access) and provide visible connections to parking facilities, crossings and adjacent development while being of a size to accommodate pedestrian traffic patterns. Crossings shall be designed to minimize pedestrian traffic exposure to vehicle traffic. The street network should provide connectivity as well as flexibility for future development and be able to accommodate a pedestrian network with appropriate shading from trees and built structures. Other streetscape elements such as benches, wayfinding devices, planting strips, receptacles for trash and recycling, water features and various art and performance media shall contribute to the pedestrian experience. This shall be in accordance with unified landscaping and streetscape plans. Public parks and open spaces contribute not only to the pedestrian experience but also to the ecological value and appearance of the development. By providing space for recreation, they promote community and gathering and can enhance value for retail, restaurant and residential uses. Planned Development No. ____ P a g e | 62 April 2014 URBAN Residential Development Guidelines Residential units shall be located in a manner that will provide privacy for residents by one or several of the following:  Provide a small landscaped front setback  Raise or lower the finished ground level relative to the sidewalk level  Allow for encroachment by stoops, stairs and porches within the area between the front façade and the property line ARCHITECTURAL ELEMENTS  Residential buildings shall have relatively little horizontal articulation and simple roofs, with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies and similar extensions are exempt from this standard.  Gable roofs, if provided, shall have a minimum pitch of 9:12. The minimum pitch for hip roofs is 6:12. Other roof types shall be appropriate to the architectural style of the building.  Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys, may be provided. PARKING. Where practicable, off-street parking shall be accessed via alleys along the side or rear property lines, thus eliminating driveways from the residential streetscape. However, off -street parking may also be accessed via other public/private streets along the front property line. Planned Development No. ____ P a g e | 63 April 2014 APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION EXHIBIT “a” Planned Development No. ____ P a g e | 64 April 2014 APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN EXHIBIT “D” PRESTON ROADSTATE HIGHWAY 289U.S. HIGHWAY 380BURLINGTON NORTHERN SANTA FE RAILROADMcKINNEYCROCKETTFIRST STREET SECOND STREET BUSINESS 289HALLCOLLEGEPROPOSED LOVERS LANE POINT OF BEGINNING TRACT 4 EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, SINGLE FAMILY AND MULTI-FAMILY PROPOSED ZONING PD-SUBDISTRICT 4 (RESIDENTIAL NEIGHBORHOOD) 68.73 GROSS ACRES 62.09 NET ACRES TRACT 1A EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, RETAIL, SINGLE FAMILY AND MULTIFAMLY PROPOSED ZONING PD-SUBDISTRICT 1 (REGIONAL RETAIL). 166.37 GROSS ACRES 136.49 NET ACRES TRACT 2 EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, RETAIL AND INDUSTRIAL PROPOSED ZONING PD-SUBDISTRICT 2 (LIFESTYLE CENTER) 224.17 GROSS ACRES 190.69 NET ACRES CRAIG ROADFIRST STREET TRACT 1B EXISTING ZONING PD-3 RETAIL / COMMERCIAL / OFFICE, PROPOSED ZONING PD-SUBDISTRICT 1 (REGIONAL RETAIL) 46.82 GROSS ACRES 37.58 NET ACRES FIRST STREET FUTURE LOVERS LANE FUTURE RICHAND DRIVECOLEMAN STREET&RS\ULJKW‹ Kimley-Horn and Associates, Inc. All rights reserved FGA 7/19/2011 68109005 EXHIBIT "A" FOR ZONING CASE NO. ________ GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS DWG NAME: K:\FRI_CIVIL\68109007 - GATES OF PROSPER\TRANSFER-IN\20131030 - EXHIBIT FROM DANA\2013 GATES ZONING EXHIBIT.DWG PLOTTED BYMULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED10/30/2013 2:10 PMScale Drawn by DAB1" = 300' Checked by Date Project No.Sheet No. 1 OF 2 GRAPHIC SCALE IN FEET 0300'150'300'600' 1"=300'' @ 24"X36" U.S. STATE HIGHWAY 380 STATE HIGHWAY NO. 289BURLINGTON NORTHERN SANTA FE RAILROADCOUNTY ROAD 73DALLAS NORTH TOLLWAY(PRESTON ROAD)FIRST STREETMcKINNEYCROCKETTSECOND STREETBUSINESSHALL COLLEGE289SITE LOCATION MAP NOT TO SCALE Legend R.P.R.D.C.T. = Real Property Records of Denton County, Texas P.R.D.C.T. = Plat Records of Denton County, Texas ROW = Right-of-Way O.P.R.C.C.T. = Official Public Records of Collin County, Texas L.R.C.C.T. = Land Records of Collin County, Texas D.R.D.C.T. = Deed Records of Denton County, Texas F.L.U.P. = Future Land Use Plan Note: The throroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of final plat. Owner: 183 Land Corporation, Inc. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Owner: Blue Star Allen Land, L.P. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Applicant: Kimley-Horn and Associates, Inc. 5750 Genesis Court Suite 200 Frisco, TX 75034 972-335-3580 Fax 972-335-3779 Contact : Frank Abbott Dallas, Texas 75252 12700 Park Central Drive, Suite 1800 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 &RS\ULJKW‹ Kimley-Horn and Associates, Inc. All rights reserved FGA 7/19/2011 68109005 EXHIBIT "A" FOR ZONING CASE NO. ________ GATES OF PROSPER BEING 621.07 ACRES OUT OF THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 B. RENISON SURVEY, ABSTRACT NO. 755 J. YARNALL SURVEY ABSTRACT NO. 1038 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Dallas, Texas 75252 12700 Park Central Drive, Suite 1800 DWG NAME: K:\FRI_CIVIL\68109007 - GATES OF PROSPER\TRANSFER-IN\20131030 - EXHIBIT FROM DANA\2013 GATES ZONING EXHIBIT.DWG PLOTTED BYMULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED10/30/2013 2:10 PMScale Drawn by DAB1" = 200' Tel. No. (972) 770-1300 Fax No. (972) 239-3820 Checked by Date Project No.Sheet No. 2 OF 2 EXHIBIT A LEGAL DESCRIPTION 621.07 ACRES BEING of a tract of land out of the ED BRADLEY SURVEY, Abstract No. 86, the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 147, the B. RENISON SURVEY, Abstract No. 755 and the JOHN YARNELL SURVEY, Abstract No. 1038, in the Town of Prosper, Collin County, Texas, being all of the 16.496 acre Tract Five, all of the 125.92 acre Tract Six, being all of the 123.85 acre Tract Seven, all of the 10.068 acre Tract Eight, all of the 27.672 acre Tract Nine, all of the 99.96 acre Tract Ten recorded in Collin County Clerk's File No. 97-0005168 of the Land Records of Collin County, Texas and being part of the 157.13 acre tract of land described in deed to Blue Star Allen Land, L.P., recorded in Volume 6074, Page 2102 of the Deed Records of Collin County, Texas, being all of the 0.38 acre tract of land described in deed to Blue Star Land, Ltd. recorded in Document No. 20100809000819450 of the Official Public Records of Collin County, Texas and being more particularly described as follows; BEGINNING at a point for the intersection of the centerline of U.S. Highway 380 (variable width ROW) and the centerline of the Burlington Northern Railroad (100' ROW at this point); THENCE ZLWKVDLGFHQWHUOLQHRIWKH%XUOLQJWRQ1RUWKHUQ5DLOURDG1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRU corner; THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit: 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWLQWKHFHQWHUOLQHRI)LUVW6WUHHW THENCE with the centerline of First Street, the following courses and distances to wit: 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&ROHPDQ6WUHHW THENCE ZLWKWKHFHQWHUOLQHRIVDLG&ROHPDQ6WUHHW6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&UDLJ5RDG THENCE ZLWKWKHFHQWHUOLQHRIVDLG&UDLJ5RDG1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said centerline, the following courses and distances to wit: 1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving the centerline of said First Street, the following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 1RUWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHHDVWULJKWRIZD\OLQHRI3UHVWRQ5RDG 6WDWH+LJKZD\ variable width ROW); THENCEZLWKVDLGHDVWULJKWRIZD\OLQH6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU THENCE leaving said east right-of-way line, he following courses and distances to wit: 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ (DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG86+LJKZD\ THENCE with said centerline, the following courses and distances to wit: 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU 6RXWKƒ :HVWDGLVWDQFHRIIHHWWRWKH POINT OF BEGINNING and containing 621.07 acres of land. 7KLVGRFXPHQWZDVSUHSDUHGXQGHU7$&†GRHVQRWUHIOHFWWKHUHVXOWVRIDQRQWKHJURXQGVXUYH\DQGLVQRWWREH used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Owner: 183 Land Corporation, Inc. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Owner: Blue Star Allen Land, L.P. 8000 Warren Parkway Bldg. 1, Suite 100 Frisco, TX 75034 Ph. 972-335-6800 Applicant: Kimley-Horn and Associates, Inc. 5750 Genesis Court Suite 200 Frisco, TX 75034 972-335-3580 Fax 972-335-3779 Contact : Frank Abbott Compiled list of Comments from P&Z Commissioners Gates of Prosper Comments from multiple Commissioners: 1. PD Language: Include conceptual renderings in all districts and add language confirming conceptual renderings shall reasonably resemble the actual development. This includes committing to SF home styles in Subdistrict 4. Otherwise, the Planning & Zoning Commission and Town Council shall have the ability to approve the proposed conceptual renderings in the future. Any significant change in concept of districts presented in Exhibit D cannot occur without public hearing and town approval. For example, the big box in district #1 cannot be relocated to district #2. Otherwise, the Planning & Zoning Commission and Town Council shall have the ability to approve the proposed concept plan (Exhibit D) in the future. Add language requiring the Property Owners Association for all owners in PD. No open storage (if any is allowed, shall be completely screened) or automotive uses allowed. 2. Multifamily: Reduce the maximum number of MF units and add more clarity on design standards. P&Z prefers a “Shops at Legacy” concept, wrap, or mixed use/lofts with higher density and not “urban garden units” or “suburban-urban” style. Require a parking structure for MF. Add increased building material standards, such as 20% minimum natural stone finishes, increased landscaping and architectural lighting. High density residential only in sub district 2 and 3, preferably as far west as possible. Phase 1 of MF (300 units) can only be built after 500k feet of non residential space in subdistrict 2 or 3 (west of Preston) has obtained a CO. The balance of the units can be built after 1,000,000 million sq. ft of non residential space has obtained a CO. 3. Townhomes: TH units preferred over the MF units. All TH units shall have garages, increased building materials, such as 20% minimum natural stone finishes, increased landscaping and architectural lighting. Increase minimum dwelling unit area to 1,800 sq. ft. 4. Big Box: Big box building standards should be 80%-100% natural stone, on all four sides. Accent materials must be cast stone, granite, marble, ornamental or standing seam metal, and cannot be painted tilt wall, brick or EIFS. Articulation every 30’ at a minimum. Increased landscaping in parking lot with architectural lighting. No automotive uses or outside storage is allowed. 5. Non-residential buildings – Shall have increased building material standards. Use a minimum of 50-75% natural stone. Remove stucco, brick, architectural block, cementitious fiberboard, and painted/textured tilt wall from list of primary building materials. Articulation every 30’ at a minimum. Increased landscaping in parking lot with architectural lighting. 6. Buffers: Add language that addresses landscape buffers adjacent to Willow Ridge. a. Increase the landscape setback adjacent to Willow Ridge. b. Use masonry walls and/or solid living screens to buffer from Willow Ridge. c. Limit the type of activity in the delivery areas and the times, so as to address noise & other disruptions. d. Increase width of landscape setback adjacent to Lovers Lane. 7. Landscape: Retain some of the existing trees on the property in high visibility areas, including First and Preston. Increase landscaping throughout, more trees in parking areas. Larger trees, 4-6 caliper inches. Other Comments: 1. Preference for nose in parking in the town center area to get more spaces. 2. Reorient the unnamed big box so that it is not backing to US 380. 3. Wider/larger parking spaces. 4. Reduce the proposed building heights where in close proximity to single family. 5. Allowing non-habitual element to exceed maximum building height by 20’ is excessive. 6. If the “suburban-urban” style of apartment is still being proposed, 60-75% of required parking shall be in garages. 7. Alcohol Sales is permitted uses chart shall clearly state it shall comply with all the conditional standards in the Zoning Ordinance as it exists or may be amended. 8. Section 6.7.1.4.(a)(2): how can we limit so you don’t get every balcony with a 2’ satellite dish? 9. Section 6.7.1.6.: can we limit proximity to single-family areas and to major thoroughfares? Errors or Typo 1. Section 3.2.3.: there is reference to Table 4-5, but I couldn’t find a Table 4-5 2. Section 4.2.1.: there is reference to Table 4-5, but I couldn’t find a Table 4-5 3. Section 4.2.1., Table 4-1, Notes: I do not see reference in the table for Notes 4 & 6 4. Section 4.2.3.: why is the qualifier, “except as noted herein.”, included on the number of residential dwelling units in Subdistrict 3. That reads as if more could possibly be allowed under circumstances which are not clear. I don’t think anyone wants more than 300 in that section. 5. Section 4.3.1.: there is reference to Table 4-7, but I think it should be Table 4-6 W FIRST ST W UNIVERSITY DR E FIRST ST PRESTONRDS PRESTON RDS COLEMAN STE UNIV E RS IT Y DR DTOS-3 RPD-3CPD-3 R/C/OPD-3 RPD-3 R/C/OPD-3 MFPD-3 R/C/OPD-3 R/C/OPD-3 OPD-17 RPD-27 CPD-3 SFPD-3 CORPD-2 RPD-3 SFPD-3 CORPD-2 CCPD-27 SF-10PD-2RPD-13 CCPD-42 IPD-3 CPD-7RPD-17 RPD-3 RPD-3 MFPD-3 R/C/OPD-3 SF-10PD-2 CCPD-27 CPD-42 DTO DTSF SF-15SF-15 SF-15 SF-15 DTC DTO A SF-15 DTO C SF-15 DTO DTO DTO CDTO SF-15 SF-15 A C DTODTR SF-15 SF-15 SF-15 DTO Z09-0013 0 400 800 1,200 Feet 1 inch = 800 feet ·,4676 2183 2000~0054136 TOWN OF PROSPER,TEXAS ORDINANCE NO._0_0_-_0_9_ AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO.84- 16;REZONING A TRACT OF LAND CONSISTING OF 412.809 ACRES, MORE OR LESS,SITUATED IN THE EDWARD BRADLEY SURVEY, ABSTRACT NO.86 AND THE HARRISON JAMISON SURVEY,ABSTRACT NO.480 IN THE TOWN OF PROSPER,COLLIN COUNTY,TEXAS HERETOFORE ZONED AGRICULTURE (A)IS REZONED PLANNED DEVELOPMENT (PD);DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the Town of Prosper,Texas ("Prosper")has received a request from Dowdey,Anderson &Associates,Inc.to rezone 412.809 acres ofland,more or less,situated in the Edward Bradley Survey,Ahstract No.86 and the Harrison Jamison Survey,Abstract No.480 in Prosper,Collin County,Texas;and WHEREAS,the Town Council of Prosper (the "Town Council")has investigated into and determined that the facts contained in the request are true and con·ect;and WHEREAS,all legal notices required for rezoning have been given in the manner and form set forth by law,and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled;and WHEREAS,the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to amend Prosper's Zoning Ordinance No.84-16 and rezone this property as set forth below. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT -Page I ael1:\mbox4\prosper\la cima.ord /041100 4676 2184 SECTION I:Findings Incomorated.The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2:Amendments to Prosper's Zoning Ordinance No.84-16.Prosper's Zoning Ordinance No.84-16 is amended as follows:The zoning designation of the below- described property containing 412.809 acres,more or less,situated in the Edward Bradley Survey,Abstract No.86 and the Harrison Jamison Survey,Abstract No.480 in Prosper,Collin County,Texas,(the "Property")and all streets,roads and alleyways contiguous and/or adjacent thereto are hereby rezoned as Planned Development (PD).Such property is divided into separate tracts which contain the following use classifications: Tract 1 -20.0 acres -Retail/Commercial/Office (COR) Tract 2 -109.7 acres -Retail/Commercial/Office (COR) Tract 3 -30.4 acres -Retail/Commercial/Office (COR) Tract 4 -189.309 acres -Single Family Residence -2 (SF-2) Tract 5 -63.4 acres -Multiple-Family Dwelling - I (MF-I) The Property as a whole is more particularly described in Exhibit "A"attached hereto and incorporated herein for all purposes. The development plans,standards,uses and schedules for the Property in this Planned Development District shall conform to,and comply with I)the conceptual and/or site plan attached hereto as Exhibit "B",2)the planned development standards attached hereto as Exhibit "C",3)the statement of purpose and intent attached hereto as Exhibit "D",and 4)the development schedule attached hereto as "E".Exhibits "B","C","D"and "E"are incorporated herein for all purposes.Except as amended by this Ordinance,the development of the Property ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT -Page 2 aell:\mbox4\prosper\la cima.ord 1041100 4676 2/85 within this Planned Development District must comply with the requirements of all ordinances, mles and regulations of Prosper,as they currently exist or may be amended. Three (3)Oliginal,official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a.Two (2)copies shall be filed with the Town Secretary and retained as the original records and shall not be changed in any manner. b.One (1)copy shall be filed with the building inspector and shall be maintained up- to-date by posting thereon all changes and subsequent amendments for observation,issuing building permits,certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200')ofthe specific area to be amended. SECTION 3:No Vested Interest/Repeal.No developer or property owner shall acquire any vested interest in this Ordinance,the Planned Development Zone or in any other specific regulations contained herein.Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4:Unlawful Use of Premises.It shall be unlawful for any person,firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance,and it shall be unlawful for any person,firm or corporation to constlUct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT -Page 3 ae/l:\mbox4\prospcr\la cil11a.ord 1041100 '4676 218!~ SECTION 5:Penalty Provision.Any person,firm,corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No.84-16,or as amended,shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00).Each continuing day's violation under this Ordinance shall constitute a separate offense.The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation.Prosper retains all legal rights and remedies available to it pursuant to local,state and federal law. SECTION 6:Savings/Repealing Clause.Prosper's Zoning Ordinance No.84-16 shall remain in full force and effect,save and except as amended by this or any other Ordinance.All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7:Severability.Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect.Prosper hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase thereof irrespective of the fact that anyone or more sections, subsections,sentences,clauses and phrases be declared unconstitutional or invalid. SECTION 8:Effective Date.This Ordinance shall become effective from and after its adoption and publication as required by law. ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT -Page 4 ael1:\mbox4\prosper\la cima.ord 1041100 4676 2/87 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS on this ~daY of 2000. STEP ATTESTED TO AND CORRECTLY RECORDED BY: ~n'J1l1 /!knLw JE IFE FINLEY 0 Town Secretary APPROVED AS TO FORM: ABERNATHY,ROEDER,BOYD, &JOPLIN,P.C. RICHARD M.ABERNATHY REBECCA BREWER Town Attomeys DATEOFPUBLlCATION,if-!)I-CO,iu'he (tA(>Killney (10U/tC'f(jaZerle.- ORDINANCE REZONING 412.809 ACRES TO PLANNED DEVELOPMENT -Page 5 ae/l:\mbox4\prosper\la cirna.ord /041100 DESCRIPTION EXHIBIT "A" 4676 2188 BEING a tract of land situated in the EDWARD BRADLEY SURVEY,ABSTRACT NO.86, and the HARRISON JAMISON SURVEY,ABSTRACT NO.480,in the Town of Prosper, Collin County,Texas,and being part of a called 872.746 acre tract of land described as Tract One in a deed to Mustang-Midway Plano,Ltd.,recorded as County Clerk's Document Number 96-0038753 of the Official Public Records of Real Property of Collin County,Texas,and being more particularly described as follows: BEGINNING at a 100-penny nail found in the center of County Road No.78 for the most northerly northwest corner of said 872.746 acre tract and the northeast corner of a called 27.672 acre tract of land described as Tract Nine in a deed to 183 Land Corporation!Inc.,recorded as County Clerk's Document Number 97- 0005168 of said Deed Records; THENCE North 88 degrees 58 minutes 10 seconds East,along the center of County Road No.78 and the north line of said 872.746 acre tract,a distance of 1335.56 feet to a l/2-inch iron rod found for an angle point at the southwest corner of a called 50.923 acre tract of land described in a Substitute Trustee's deed to Robert S.Folsom recorded in Volume 2998,Page 935 of said Official Public Records; THENCE North 88 degrees 49 minutes 19 seconds East,continuing along the north line of said 872.746 acre tract and the center of County Road No.78,a distance of 378.09 feet to a 1/2-inch iron rod set in the west line of a tract of land described in a deed to the Town of Prosper recorded as County Clerk's Document Number 96-0090462; THENCE South 18 degrees 36 minutes 00 seconds West,along the west line of said Town of Prosper tract and generally along a fence,a distance of 352.42 feet to the southwest corner of said Town of Prosper tract,from which a bent SIS-inch iron rod found bears North 22 degrees 15 minutes 43 seconds East,2.22 feet; THENCE North 88 degrees 49 minutes 19 seconds East,along the south line of said Town of Prosper tract,a distance of 372.00 feet to the southeast corner of said Town of Prosper tract,in the west line of a IOO-foot wide easement to Texas Power &Light Company recorded in Volume 493,Page 96 of said Deed Records,from which a l/2-inch iron rod found bears South 88 degrees 49 minutes 27 seconds West,0.91 feet; THENCE South 18 degrees 36 minutes 00 seconds West,along the west line of said easement,a distance of 2575.53 feet to a 1/2-inch iron rod set for an angle point in said easement; THENCE South 04 degrees 28 minutes 23 seconds West,continuing along the west line of said easement,a distance of 1444.62 feet to a 1/2-inch iron rod set in the prolongation of the north line of a called 41.166 acre tract of land described in a deed to Carol Tung recorded in Volume 1326,Page 351 of said Official Public Records; THENCE North 88 degrees 34 minutes 45 seconds East,along the prolongation of the north line of said Tung tract,a distance of 3413.31 feet to a point in the southeast line of a 170'wide easement to T.P.&L.Co.recorded in Volume 805, Page 413 of said Official Public Records; 4676 2189 THENCE North 49 degrees 48 minutes 07 seconds East,along the southeast line of said T.P.&L.Co.easement,a distance of 2996.71 feet to a point in the east boundary of said 872.746 acre tract and in the center of County Road No.74; THENCE South 01 degree 47 minutes 13 seconds East,along the east boundary of said 872.746 acre tract and the west line of a called 645.426 acre tract of land described in a deed to ASG Prosper,Ltd.,recorded as County Clerk's Document Number 95-0019108 in said Land Records,and generally along the center of County Road No.74,a distance of 457.95 feet to a 1/2-inch iron rod found for corner; THENCE South 00 degrees 59 minutes 59 seconds East,continuing along the east line of said 872.746 acre tract and the west line of said ASG Prosper tract,and generally along the center of County Road No.74,a distance of 2395.70 feet to a point in the north line of U.S.Highway No.380 (variable right-of-way); THENCE westerly,along the north boundary of U.S.Highway No.380 the following courses and distances: South 89 degrees 00 minutes 03 seconds West,a distance of 17.23 feet; South 37 degrees 51 minutes 37 seconds West,a distance of 113.05 feet; South 88 degrees 37 minutes 20 seconds West,a distance of 3205.91 feet to a Texas Department of Transportation (TxDOT)monument found for corner; North 88 degrees 30 minutes 58 seconds West,a distance of 200.27 feet to a TxDOT monument found for corner; South 88 degrees 38 minutes 25 seconds West,a distance of 300.04 feet to a 3/4-inch iron rod found for corner; North 85 degrees 39 minutes 02 seconds West,a distance of 100.45 feet to a TxDOT monument found for corner; South 88 degrees 37 minutes 24 seconds West,a distance of 400.01 feet to a SiB-inch iron rod found for corner; South 85 degrees 46 minutes 19 seconds West,a distance of 200.45 feet to a TxDOT monument found for corner; South 88 degrees 37 minutes 52 seconds West,a distance of 500.01 feet to a TxDOT monument found for corner; South 82 degrees 55 minutes 06 seconds West,a distance of 100.51 feet to a SIS-inch iron rod found for corner; South 88 degrees 37 minutes 05 seconds West,a distance of 699.94 feet to a 1/2-inch iron rod set for corner; North 89 degrees 42 minutes 40 seconds West,a distance of 514.26 feet to a TxDOT monument found in the east line of said Tung tract; THENCE North 01 degree 44 minutes 11 seconds West,along the east line of said Tung tract and the most southerly west line of said 872.746-acre tract,a distance of 1044.31 feet to a 1/2-inch iron rod found for the northeast corner of said Tung tract and a re-entrant corner of said 872.746-acre tract; 4676 2190 THENCE South 88 degrees 34 minutes 45 seconds West,along the north line of said Tung tract and the most westerly south line of said 872.746 acre tract,a distance of 1657.60 feet to a l/2-inch iron found in the center of County Road No.73 and the east line of a tract of land described as Tract Ten in said deed to 183 Land Corporation,Inc.,for the northwest corner of said Tung tract and the most westerly southwest corner of said 872.746 acre tract; THENCE North 01 degree 25 minutes 16 seconds West,along the westerly boundary of said 872.746 acre tract and the east line of said tract Ten and along the center of County Road No.73,a distance of 2045.94 feet to a 60-penny nail found in the easterly boundary of State Highway No.289 right-of-way; THENCE North 89 degrees 06 minutes 01 second East,along said State Highway No. 289 right-of-way and continuing along the westerly boundary of said 872.746-acre tract,a distance of 19.49 feet; THENCE North 06 degrees 31 minutes 45 seconds East,continuing along the westerly boundary of said 872.746 acre tract and said State Highway No.289 right-at-way,a distance of 302.86 feet to a wood right-af-way marker; THENCE North 12 degrees 37 minutes 24 seconds West,continuing along the westerly boundary of said 872.746 acre tract and said State Highway No.289 right-of-way,a distance of 203.02 feet to a bent right-of-way marker; THENCE North 00 degrees 58 minutes 02 seconds West,continuing along the westerly boundary of said 872.746 acre tract and said State Highway No.289 right-af-way,a distance of 86.34 feet to a wood right-af-way marker; THENCE North 39 degrees 17 minutes 26 seconds East,a distance of 26.86 feet to a wood right-af-way marker; THENCE North 88 westerly boundary fence corner post degrees 28 minutes 09 seconds East,continuing along the of said 872.746 acre tract,a distance of 1277.41 feet to a for corner; THENCE North 01 degree 58 minutes 28 seconds West,along the east line of said Tract Nine and the most northerly west line of said 872.746 acre tract,a distance of 1546.33 feet to the POINT OF BEGINNING and containing 412.809 acres of land,more or less. Exhibit "C" LACIMA Plmmed Development District Development Standards Applicant: Dowdey,Anderson and Associates,Inc. Planning and Engineering 5225 Village Creek Parkway Suite 200 Plano,Texas 75093 (972)931-0694 (972)931-9538 Fax Owner: Mustang-Midway Plano,Ltd. By Folsom Properties,Inc.,General Partner 16475 Dallas Parkway,Suite 800 Dal1as,Texas 75248 (972)931-7400 (972)250-1812 Fax May 2000 1:\mbox4\prosper\pd\La Cima ExhC/05\01 \00 4676 2'9 4676 2192 La Cima PLANNED DEVELOPMENT DISTRICT STANDARDS 1.0 I Planned Development District -Corridor District Tracts 1,2,and 3 L General Description:The Corridor District (COR)tract will provide the ability to encourage and accommodate the development of office,retail and commercial center(s). 2.Permitted Uses:The following uses are permitted within Tracts 1,2,and 3 ofthe Planned Development District: Antique shops -indoor display only Apparel distribution centers Appliance stores Artist material and supplies Auto laundries/car wash facilities Auto parts sales -no outdoor storage/display Automobile parking lots and parking garages Automobile sales,service,and leasing Baby shops Baker and confectionery shops Banks,savings and loan and credit unions -with and without drive-thru services Barber/beauty shops Beverage stores -in accordance with other applicable City of Prosper, Texas Ordinances as they presently exist or may be amended Advertising signs -permitted in compliance with the City of Prosper, Texas Sign Ordinance as it presently exists or may be amended Book and stationery shops Bus stops Business services Cafeterias Camera shops Candy and cake shops Catering establishments Churches/rectories 1:lmbox4lprosperlpdlLa Cima ExbCI05101100 2 4676 2193 Cleaning,dyeing,pressing,pick-up and collection agencies Clothing and apparel stores Clothing,footwear,and textile centers Collection agencies Conunercial amusement enterprises -indoor and outdoor (excluding drive- in theaters) Computer centers Computer sales,service,and repairs Computer training facilities Concrete batch plants -temporary and incidental to on-site construction Convenience stores Convenience stores with gas service Convention facilities Copy services Corporate and professional office facilities and headquarters Gift shops Dairy products and Ice cream stores Day care centers for children Delicatessens Department stores Dinner theaters Distribution centers and showrooms -no outdoor storage unless screened Drapery shops Dress shops Drug stores/pharmacies Dry goods stores Electronic product sales Electronic security facilities Feed stores Financial institutions Fitness and health centers Florist and garden shops Food product distribution centers Fraternal organizations,lodges,and civic clubs Funeral homes and mortuaries Furniture,home furnishings and equipment showrooms and sales Furniture stores General merchandise stores Governmental and utility agencies,offices and facilities -no outdoor storage unless screened Greenhouse and nursery facilities -sales permitted Grocery stores and supermarkets Guard and patrol services 1:\mbox4\prosper\pd\La Clma ExhCI05\Ol\OO 3 4676 2I 94 Hardware and building materials stores -no outdoor storage unless screened Health product sales Hospitals and emergency centers Interior decorating stores Jewelry stores Key shops/locksmiths Laboratories -testing and experimentation -emissions of hazardous or toxic chemicals shall be prohibited Laundry and dry cleaning establishments Leather good shops Meat markets -no slaughter houses or packing plants Medical equipment showrooms Medical and health care facilities Museums,libraries,art schools,and art galleries Musical instrument sales Newspaper and magazine sales Newspaper printing centers Novelty/notion stores Offices -professional,administrative and general offices -including but not limited to,doctors,optometrists,psychiatrist,attorneys,architects, engineers,planners,travel agents,advertising,insurance,and real estate offices Office showroom facilities -sales permitted Office businesses Office equipment repairs and maintenance Office supplies and sales Paint stores Parks,playgrounds,recreational facilities,and community centers Pest control/exterminating shops -emissions of hazardous or toxic chemicals shall be prohibited Pet grooming and supplies Pet shops Photographic services Play equipment -sales and display Post office facilities Printing and duplicating establishments Private club facilities -in accordance with other applicable City of Prosper,Texas Ordinances as they presently exist or may be amended Radio and televisions sales and service Radio and television studios and broadcasting facilities Recreation centers -public and private Restaurants Restaurants -with drive-in/drive-thru service 1:\mbox4lprosperlpdlLa Cima ExhC/0510 1100 4 4676 2/95 Retail sales Retail shops and stores Schools -public or state accredited Scientific/research facilities -emissions of hazardous r toxic chemicals shall be prohibited Securities and commodities offices -including,but not limited to,brokers, dealers,underwriters,exchange offices and similar offices Service stations full service (including bays) Service stations -self service Sewing machine sales and services Shoe and boot sales and repair stores Shopping centers/malls Sign sales,sign installation to be in compliance with the City of Prosper, Texas Sign Ordinance as it presently exists or may be amended Small enclosed machinery sales and services -service and repair facilities to be under roof and enclosed Small truck sales and leasing Specialty shops and boutiques Sporting good sales Storage facilities and uses customarily incidental to the primary,permitted uses Studios -art,photography,music,dance,gymnastics,health,etc. Tailor shops Theaters -indoor Theatrical centers Tire dealer -no outdoor storage Toy stores Trade and commercial schools Travel bureaus Trophies and awards shops Utility distribution systems and facilities Variety stores Veterinarian clinics and kennels -limited to small animals (no outside runs) Watch making shops Accessory building and uses customarily incidental to the permitted uses Temporary building and uses incidental to construction work on the premises to be removed upon completion or abandonment of construction work Uses similar to the above-mentioned uses,provided the Prosper City Council approves said uses prior to the issuance of a building permit 1:\mbox4lprosperlpdlLa Clma ExbC/OSI01IOO 5 4676 2/96 1.03 Non-Permitted Uses:For clarity,the following uses are specifically not permitted within Tracts 1,2,and 3 of the Planned Development District. I.Multiple-Family Residences 2.Light Industrial Uses 3.Single Family Residences 1.04 Building Materials:All main buildings shall have an exterior finish of glass, stone,stucco,brick,tile,concrete,exterior wood or similar materials or any combination thereof.The use of wood as a primary,exterior building material shall be limited to a maximum of twenty-five (25)percent of the total exterior wall surfaces. 1.05 Building Heights:The maximum permitted height of all buildings within the commercial tracts ofthe Planned Development District shall be as outlined in Section 11,Height Regulations,ofthe City of Prosper Zoning Ordinance,No.84- 16. 1.06 Front Yard:There shall be a front yard having a depth of not less than twenty- five (25)feet.Front yard setbacks are required on both streets for corner lots. 1.07 Side Yard:Side yard requirements for commercial the tracts shall be as outlined in Section 10,Area Regulation,ofthe City of Prosper Zoning Ordinance,No.84- 16,under the heading of Side Yards. 1.08 Rear Yard:Rear yard requirements for commercial the tracts shall be as outlined in Section 10,Area Regulation,of the City of Prosper Zoning Ordinance,No.84- 16,under the heading of Rear Yards. 1.09 Landscape Plans:Landscape plans for proposed development areas shall be submitted in accordance with the City of Prosper Landscape Code as it presently exists at the time this Planned Development District is approved. 1.10 Screening:A six (6)foot screening wall shall be provided between areas developed for residential uses.The commercial user shall be responsib Ie for the construction and maintenance of the six (6)foot screening wall.This screening wall shall be constructed at the time a commercial property is developed and shall only be required adjacent to the specific commercial property that is being developed. The above referenced six (6)foot screening wall shall be constructed of stone, brick,or similar materials or any combination thereof. 1:\mbox4IprosperlpdlLa Cima ExbCIOSIOI 100 6 4676 2/97 1.11 Floor to Area Ratio (FAR):The pennitted floor area of all buildings located within the commercial tract shall be 5:1 (floor area ratio). 1.12 Required Parking:Parking shall be provided in accordance with Section l2,Off- Street Parking Regulations of the City of Prosper Zoning Ordinance,No.84-16. 1.13 Land Area Permitted:The amount of acreage pennitted in Tract 1 shall not exceed twenty (20)acres net of right-of-way dedications.The amount of acreage pennitted in Tract 2 shall not exceed one hundred ten (110)acres net of right-of- way dedications.The amount of acreage pennitted in Tract 3 shall not exceed thirty-one (31)acres net of right-of-way dedications. 1.14 Commencement of Multi-Family Development:Development of Multi-Family product cannot begin until twenty-one (21)acres of Retail/Commercial Development has commenced on Tracts 2 and 3 ofthe Planned Development District. 2.0 Planned Development District -Single Family Residence-2 Tract 4 2.01 General Description: The Residential Tract is intended to accommodate single family residential uses. The residential units will be comprised of Single Family Residence-2 (SF-2) products.Development standards for each of the aforementioned housing type are outlined within this text. 2.02 Permitted Uses:Land uses pennitted within the PD are as follows: a.Residential units as described herein. b.Private or public recreation facilities. c.Churches/rectories. d.Schools -public,private,or state accredited. e.Parks,playgrounds and neighborhood recreation facilities including,but not limited to,swimming pools,clubhouse facilities and tennis courts. f.Fire stations,police stations,and public safety facilities. g.Real estate sales offices during the development and marketing of the Planned Development. h.Public streets and private streets. 1.Electronic security facilities including gatehouse and control counter. J.Accessory buildings and uses customarily incidental to the pennitted uses. k.Temporary buildings and uses incidental to construction work on the premises,which shall be removed upon completion. 1.Municipal service centers. 1:lmbox4lprosperlpdlLa Cima ExbC/05101 100 7 4676 r2I911 2.03 Required Parking:Parking shall be provided in accordance with Section l2,Off- Street Parking Regulations of the City of Prosper Zoning Ordinance,No.84-16. 2.04 Building Materials:A minimum of seventy-five (75)percent of the total exterior wall surfaces of all main buildings shall have an exterior finish of glass,stone, stucco,tile,brick,cementitious fiberboard,or similar materials,as approved by the PD Architectural Review Committee (ARC),or any combination thereof.The use of wood as a primary,exterior building material shaH be limited to a maximum of twenty-five (25)percent of the total waH surfaces. 2.05 Single-Family-2:Single-Family-2 units are a form of single family,detached housing.This residential type will consist oflarger units and lots,having access and frontage on a public or private street.Building and area requirements are as follows: a.Lot Area:The minimum area of any lot shaH be ten thousand (10,000) square feet. b.Lot Coverage:In no case shall more than forty-five (45)percent of the total lot area be covered by the combined area ofthe main buildings and accessory buildings.Swimming pools,spas,deck,patios,porches, driveways,walks,and other paved areas shall not be included in determining maximum lot coverage. c.Lot Width:The minimum width of any lot shall not be less than eighty (80)feet at the front building line of the lot,except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of seventy (70)feet along the arc at the front building line;provided aH other requirements of this section are fulfiHed.Building lines may be staggered or set back at a greater distance from the right-of-way. d.Lot Depth:The minimum depth of any lot shall be one hundred ten (110) feet,except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth,measured at mid-point on front and rear lot lines,of one hundred (l00)feet;provided all other requirements of this section are fulfi lled. e.Front Yard:The minimum depth of the front yard shaH be twenty-five (25)feet.Front yard setbacks may vary in depth into the lots,but in no case shall be less than twenty-five (25)feet.Front porches,roof eaves, chimneys and other similar architectural elements may extend into the front yard. f.Side Yard:The minimum side yard on each side of a lot shall be seven (7) feet.A side yard for all comer lots shaH not be less than fifteen (15)feet. Roof eaves,chimneys and other similar architectural elements may extend into the side yard.Lots adjacent to a six (6)foot sidewalk in an increased 1:\mbox4lprosperlpdlLa Cima ExhC/0510 1100 8 4676 2/99 parkway shall be required to have a minimum side yard adj acent to the right-of-way of seven (7)feet. g.Rear Yard:The minimum depth of the rear yard shall be ten (10)feet for main buildings.Accessory structures shall have a minimum rear yard setback of two (2)feet. h.Building Height:Buildings shall be a maximum of two and one-half (2 v,)stories. 3.0 Pimmed Development District -Multiple-Family Dwelling Tract 5 3.01 General Description:Multiple Family units are attached units.These units will consist of flats (single level units)and studio (two to three level units),or a combination thereof.Access shall be allowed from access drives or parking areas connecting to adjacent public or private streets.Requirements for the multiple family development shall be governed by standards as described below. 3.02 Permitted Uses:All uses identified in Section 9,Use of Land and Buildings,of the City of Prosper Zoning Ordinance,No.84-16,under the heading of Multiple Family Residence -I (MF-I)Dwelling shall be pennitted within Tract 5 as indicated on the Zoning Exhibit. 3.03 Non-Permitted Uses:Single family residences and two family residences shall not be permitted within Tract 5 ofthe Planned Development District. 3.04 Density:The allowed density for Tract 5 shall be fifteen (15)units per gross acre of land. 3.05 Required Parking:Parking requirements for multi-family developments shall be provided in accordance with Section 12,Off-Street Parking Regulations of the City of Prosper Zoning Ordinance,No.84-16. 3.06 Building Materials:All multi-family structures shall have an exterior finish of glass,stone,stucco,brick,tile,exterior wood or similar materials (as approved by the Prosper City Council)or any combination thereof.The use of wood as a primary,exterior building material shall be limited to a maximum of twenty-five (25)percent of the total exterior wall surfaces. 3.07 General Requirements:Unless otherwise approved by the Prosper City Council or their designee,a six (6)foot screening fence shall be constructed by the Owner and/or Developer ofthe multi-family property between areas developed for multi- family uses and those areas developed for single family residential uses.The above referenced six (6)foot screening fence shall be constructed of exterior 1:lmbox4lprosperlpdlLa Cima ExhC/05101100 9 \ \ 4676 2200 wood,stone,stucco,brick,tile,concrete,or similar materials or any combination thereof.Design ofthe aforementioned screening fence shall be approved by the City at the time of Site Plan approval. 3.08 Minimum Dwelling Size:The minimum floor area for multi-family units shall be six hundred fifty (650)square feet,exclusive of garages,open breezeways,and porticos. 3.09 Lot Area:The minimum area of any multi-family lot shall be ten thousand (10,000)square feet. 3.10 Lot Coverage:In no case shall more than forty-five (45)percent ofthe total lot area be covered by the combined area ofthe main buildings and accessOlY buildings. 3.11 Lot Width:The width of any lot shall not be less than eighty (80)feet. 3.]2 Lot Depth:The minimum depth of any lot shall not be less than one hundred twenty (120)feet. 3.13 Front Yard:The minimum dept of the front yard shall be twenty-five (25)feet. 3.14 Side Yard:The minimum side yard on each side of the lot shall be fifteen (15) feet.A side yard adjacent to a street shall be a minimum of twenty-five (25)feet. A building separation of fifteen (15)feet shall be provided between multi-family stmctures.A minimum side yard of sixty (60)feet shall be required where units abut a single family zoning district,unless the multi-family units are less than two (2)stories in height. 3.]5 Rear Yard:The minimum depth of the rear yard shall be twenty (20)feet.A minimum rear yard of sixty (60)feet shall be required where units abut a single family zoning district,unless the multi-family units are less than two (2)stories in height. 3.16 Building Height:The permitted beight of all multi-family structures shall not exceed three (3)stories;provided,however,no multi-family structure shall exceed two (2)stories when located one hundred fifty (]50)feet or less from a single family zoning district,unless otherwise approved by the City. 4.0 Planned Development District -General Conditions 4.01 Conformance to All Applicable Articles ofthe City of Prosper Zoning Ordinance:Except as amended herein,this Plauned Development District shall 1:\mbox4\prosper\pd\La Cima ExhC/05\0 1\00 10 4676 2201 conform to any and all applicable articles and sections ofthe City of Prosper Zoning Ordinance,No.84-I 6,as it presently exists. 4.02 Amenity Center:The Developer for the Planned Development District shall provide for an amenity center which may include,but not be limited to a swimming pool,cabana,and landscaping to be owned,operated,and maintained by a property owner's association. 4.03 Zoning Exhibit:A Zoning Exhibit is hereby attached and made a part ofthe ordinance.It establishes the most general guidelines for the district by identifYing the land use types,approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. 4.04 Streets:Residential streets shall consist of a fifty (50)foot right-of-way with a twenty-seven (27)foot paving section (b-b). 4.05 Maintenance of Facilities:The Owner(s)shall establish,with each preliminary plat submittal,a property owner's association,membership association or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District. 4.06 Sidewalks:A four (4)foot sidewalk within the street right-of-way shall be provided at the front of all single family residential lots.Comer lots shall also provide the aforementioned requirement. 1:\mbox4\prosper\pdlLa Cima ExhC/05\Ol\OO 11 4676 2202 EXHIBIT "D" DOWDEY,ANDERSON &ASSOCIATION,INC. LACIMA STATEMENT OF INTENT AND PURPOSE The purpose and intent of this planned development district is to provide a high quality of mixed residential,commercial and industrial uses that are compatible with the physical location of the property and the natural characteristics of the property.The commercial and industrial land uses for the overall property were planned due to the property's location adjacent to SH 380, SH 289,Business 289 and future major thoroughfares to include the North Dallas Tollway extension.The residential land uses were considered in the land plan relative to their location adjacent to existing residential and public school property and in locations with natural features supporting quality residential neighborhoods. 4676 2203 EXHIBIT "E" DOWDEY,ANDERSON &ASSOCIATION,INC. LACIMA DEVELOPMENT SCHEDULE The development schedule for the approximate four-hundred,fifteen (415)acres will be phased over the next ten (10)to fifteen (15)years and is primarily dependent on the marketability ofthe highest and best use ofthe land for the respective land tracts. The commercial tracts vary in size and location.It is conceivable that the larger commercial land tracts along Preston Road will be held for longer amounts of time in order to reserve their use for commercial development that is commensurate with larger mixed use developments when the market so demands.The development of commercial land tracts adjacent to the future North Dallas Tollway extension will be dependent on the future extension of the Tollway and the demand for quality commercial development.On the other hand,there may be more immediate opportunities to facilitate commercial service uses on smaller tracts of land required to serve the communities needs. There exists immediate market demands for affluent single family residences in the land tract adjacent to the Prosper school land.The multi-family tracts ofland will be developed according to the Planned Development Ordinance and at such time as it is feasible to deliver quality multifamily housing. Z 0 0.5 1 1.50.25 Miles Plate 2 FutureLand UsePlan July 2012 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj Parvin Rd.F.M. 1385GeeFish Trap Rd. U.S. 380 Dallas North TollwayProsper Trail First St.La C im a B lvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478F.M. 2478Custer Rd.F.M. 423Teel Pkwy.Legacy Dr.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdLegend Low Density Residential Medium Density Residential High Density Residential Retail & Neighborhood Services Business Park Old Town District Town Center Tollway District US 380 District 100 Year Floodplain kjMajor Gateway kj Minor Gateway Town of Prosper ETJ Note: A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. 32 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Town Center District The Town Center district is a continuation of the area defined by previous planning efforts as a future location for a large scale mixed-use development. The Town Center would include a mixture of land uses but development will be less intense than that located along Highway 380 and the Dallas North Tollway. Retail, small scale office, and residential uses would be included within this district, but the primary intent should be focused on dining and shopping. Public space should be a major component of this area, creating space for families and residents of Prosper to meet and socialize. Open space located within the Town Center could be used for community events, festivals and school events. Urban design should accommodate the pedestrian while providing automobile access and discreet parking. Residential uses may include mixed- use lofts/apartments, patio homes, townhomes and brownstones. Areas of single family residential may also be permitted, particularly on the northern side where the development abuts the Old Town district. Old Town District The Old Town district is the heart of Prosper. This historic area of the community is intended to include a variety of boutique type land uses, ranging from unique and local retail establishments, restaurants and offices. Many of the historic homes within the Old Town district, particularly areas along First Street and Broadway, may gradually convert to boutique office and retail establishments. The most opportunistic possibility for a transit stop, if desired by future residents, would be within the Old Town district, which could facilitate redevelopment of the downtown area. If this occurs, high density residential options, such as live-above lofts/apartments, may be considered. The historic past of the community should be preserved. The community’s beginnings as a farm community in rural Collin County are part of what defines Prosper, and these attributes should be preserved as new infill development occurs. 41 Town of Prosper, TX Comprehensive Plan COMMUNITY CHARACTER Land Use Concepts Mixed-Use Mixed-use refers to a development style that combines a mix of land uses within one defined zoning district. For example, residential, retail, restaurants, office and public uses may be allowed in the same building, same lot, same tract, block or zoning district. Benefits of mixed-use development include:  Flexibility of building spaces over time;  Long term viability of commercial districts;  Providing higher quality high density residences;  Inclusion of public facilities;  Reduction in the frequency of vehicular trips; and  Minimizing land consumption. Mixed-use developments are defined by their design—building orientation, roadway configuration and amenities such as shade trees, benches and lighting create a safe environment that is conducive for walking. Intentional integration of diverse land uses within one localized area creates a lifestyle option where a person can perform many of their daily needs and recreational desires within a short distance of home. Such environments are particularly attractive to young professionals, young couples and empty nesters. Mixed-uses are typically either horizontal or vertical in nature. Horizontal mixed-uses involve retail, office and residential all located within one defined area, but within separate buildings. Vertical mixed-use developments would include any combination of retail, office and residential within the same building. A common example of vertical mixed-use is residential lofts and apartments above street- level retail and office space. General Guidelines Reduced Setbacks: bring building facades closer to the street. Central Gathering Space or Focal Point: Create an identity through public space. Pedestrian Orientation: Facilitate the pedestrian experience through quality urban design. Ensure access and connectivity to adjacent neighborhoods. Architecture: moldings, spires, canopies, balconies and building locations all create a sense of identity and contribute to the experience. Strategic Parking: utilize shared parking, on-street parking, parking behind buildings and structured parking. Connectivity: mixed use areas should be tied in to adjacent residential development. 42 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER What does mixed-use development look like in Prosper? We asked the community in a public Visual Character Survey. The highest rated mixed-use pictures are shown below. Past planning efforts, including the Town’s previous comprehensive plan, have indicated that the most opportunistic location for a Town Center, a large mixed-use district, would be the area roughly bounded by First Street to the north, Highway 380 to the south, BNSF Railroad to the west and Preston Road to the east. This area is currently identified as a planned development by the Town’s zoning ordinance. Within Prosper, mixed-use areas may be appropriate along the Dallas North Tollway, Highway 380, Town Center and Old Town districts, as shown below. 43 Town of Prosper, TX Comprehensive Plan COMMUNITY CHARACTER Horizontal and Vertical Mixed-Use Development Mixed-use developments that include a range of land uses incorporated within the same building, but typically at different levels, are referred to as vertical mixed-use developments. Common examples of vertical integration include apartments and lofts over ground level retail and office uses. Examples of vertical mixed-use developments are Shops at Legacy in Plano, Watters Creek in Allen and the West Village/State-Thomas areas of Dallas. Vertical mixed-use development was preferred by Prosper residents. Horizontal mixed-use development is representative of a mixture of uses within close proximity to each other, but not necessarily within the same building. Horizontal mixed-use developments typically include residential uses along the periphery of the larger development area, separate from a more intense retail and office core. An example of horizontal mixed- use development is Southlake Town Center. The central area of the Town Center includes retail and office uses with residential townhomes located on the periphery of the development, primarily on the east side. Two factors considered when determining whether vertical or horizontal integration should be utilized are land availability and land value. In more intense areas of development, land values are typically higher and land availability may be significantly less. In such locations, vertical integration, and higher densities (up to 5 stories), would be most appropriate. In Prosper, vertical integration of mixed uses will likely occur within the Dallas North Tollway and Town Center districts. Horizontal mixed-use integration typically occurs where land availability and value can accommodate an overall lower density. Here, 1-3 story retail and office may be surrounded by townhomes, patio homes, multi-unit homes and other less intense uses. In Prosper, horizontal mixed uses will likely occur within the Highway 380 and Town Center districts. Vertical Mixed-Use Characteristics o Multiple uses within the same building o Live-above lofts and apartments o More urban in nature o 4-5 story height for buildings with residential uses located above the first floor o Structured Parking Considerations o Consume less land o Land value (density to maximize value) o Higher density (typically more urban ) Horizontal Mixed-Use Characteristics o Multiple uses within a planned areas, but not necessarily within the same building o 1-3 story heights/lower density nature o Areas of apartments, townhomes, brown stones, patio homes and multi- unit homes around the periphery, buffering low-density neighborhoods. o Structured parking or rear parking/rear entry garages Considerations o Consume more land o With buffering, may be located near residential areas along HWY 380 54 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Corridors and Districts Preston Road A major component of the visioning exercises pertained to the three major corridors in Prosper: Preston Road, Dallas North Tollway and Highway 380. The following discussions on each corridor are a result of the visioning exercises and feedback received from the comprehensive plan advisory committee and the general public. Land Use Preston Road was described by numerous residents as “our road.” Traversing the center of the community, Preston Road will have a variety of land uses and will have a varying context. In the southern portion of Prosper, Preston Road will accommodate higher degrees of traffic, particularly as it traverses the Town Center. Retail, office and some medium density residential will be located along Preston Road on the southern end of the Town, gradually becoming more residential in nature as it moves north. Small scale office and retail may be located in certain areas along Preston Road and these should be the types of uses which service adjacent neighborhoods. Big box uses, mid-rise development, and more intense land uses were generally not viewed as favorable as small-scale retail and office uses. Residents identified an upscale grocery store, such as a Central Market or a Whole Foods, as one of their top priorities along Preston Road. Character The character of Preston Road should be more rural in nature, respecting the small-town character of the community. Large, heavily landscaped setbacks should be prevalent along the roadway helping to differentiate Prosper from Frisco while also providing a natural sense of calm for Prosper residents. Wide setbacks are particularly important as the roadway traverses residential areas generally north of First Street. Areas of retail should be designed to the highest level of quality and architectural characteristics within individual developments should follow a theme consistent with recently completed development. Residents felt that retail areas should be organized in a nodal nature rather than in a strip center fashion in order to prevent the entire roadway frontage from being consumed by retail. Unanchored, stand- alone retail establishments should be discouraged in favor of a nodal shopping center development. 55 Town of Prosper, TX Comprehensive Plan COMMUNITY CHARACTER Dallas North Tollway Land Use Unlike Preston Road, regional development pressures will likely be placed along the Dallas North Tollway. Feedback received from the public indicated that more intense uses would be appropriate along the corridor. Types of uses that scored relatively well included mid-rise office buildings, mixed-use development and corporate office parks, among others. Generally speaking, the DNT corridor will contain land uses that support a more regional context and will likely include office space, retail uses and business parks. High density residential is appropriate within the DNT corridor. Mixed-use lofts/apartments are the preferred style of high density residential within this district. Images depicting big box retail, auto sales centers and commercial services, such as self-storage facilities, scored the lowest along the Dallas North Tollway. Character The character of the Dallas North Tollway will be significantly more intense than the rest of the Town. The most intense development will be located in the southern portion of the corridor, primary around the interchange of the Dallas North Tollway and Highway 380. Development in the Northeast corner of this intersection will likely be a continuation of the Town Center district, much in the same way office uses surround Legacy Town Center in Plano. Areas on the Northwest corner of the interchange are currently identified as mixed-use. A mixture of office, retail and medium to high density residential will likely develop within this area. Floodplain on the north side of the Northwest corner will serve as a buffer between the more intense development and the low density residential neighborhoods to the north. Intensity of development should gradually decrease on the north side of the Dallas North Tollway corridor and backage roads will help to facilitate the creation of pad sites that may buffer the Tollway from residential uses. 56 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Highway 380 Land Use Of the three major corridors, Highway 380 contains the longest stretch of potential development. Generally speaking, land uses along the Highway 380 Corridor were seen to be more commercial in nature. Unlike Preston Road and the Dallas North Tollway, big-box retail scored relatively well along Highway 380, in addition to office, hotel uses, retail centers and service uses, such as a gas station and fast food restaurant. Similar to the other categories, industrial uses, including warehouses, were not seen as a highly appropriate use along the Highway 380 corridor. Due to the length of the corridor, a variety of land uses will be located along the corridor. Typically speaking, retail and service establishments will locate adjacent to Highway 380 and along major intersections, in a nodal pattern of activity. Such uses capitalize on higher traffic counts and require a higher degree of visibility. Big box uses may also be located along the corridor, but pad sites should be located adjacent to Highway 380 to capitalize on visibility and pass-by trips. Residential uses, such as patio homes, snout homes and townhomes and brownstones may be located within this district. Such uses will likely be used as a buffer between more intense uses along Highway 380 and lower intensity residential neighborhoods to the north. Such uses may also be located mid-block, reserving major intersections for retail and commercial uses. Character The character of Highway 380 will be much more commercial in nature. Wide setbacks with large landscape buffering will protect the visual appearance of the corridor, while still allowing more intense commercial land uses to operate. Big Box retailers may be permitted, but they should be designed to the highest possible quality, incorporating significant landscaping, high quality materials, such as stone and brick, and should contain architectural enhancements and building articulation. Medium and high density residential options may be included within the Highway 380 corridor but such uses should be carefully designed to protect, enhance and buffer low density neighborhoods to the north from more intense development along Highway 380. Agenda Item No. 4 - Page 1 of 7 To: Planning & Zoning Commission From: Chris Copple, Director of Development Services Through: Hulon T. Webb, Jr., P.E., Executive Director of Development and Community Services Re: Planning & Zoning Commission Meeting – April 15, 2014 Agenda Item: Consider and act upon a request to rezone 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018). History: The Planning & Zoning Commission held the required public hearing at the April 1, 2014 meeting. After discussing the item, the Planning & Zoning Commission tabled the item to April 15, 2014 to allow time for Commissioners to send comments to Town staff, so those comments could be compiled into one set of comments to be emailed to the applicant. The comments were emailed to the applicant on April 8, 2014 and are attached for your review. The applicant has submitted revised zoning exhibits, which are attached. The revised zoning exhibits: 1. Correct Exhibit C, Table 1, Maximum Building Height, to show a maximum building height of 40 feet for Type C and D lot types. 2. Revise the language describing the conceptual single family elevations in Exhibit F to read “The elevations on the following pages are artist’s concepts. They are included as a representation of the architectural style, color and material selections Blue Star is planning for the SF dwellings in Star Trail.” Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Prosper is a place where everyone matters. PLANNING Agenda Item No. 4 - Page 2 of 7 Zoning Current Land Use Future Land Use Plan Subject Property Single Family-10, Single Family-12.5, Office, Commercial Corridor, PD-3- Retail/Commercial/Office, PD-14-Single Family/Single Family-10, PD-23-Single Family-10/Single Family- 12.5, PD-34-Multifamily Undeveloped Low Density Residential, Medium Density Residential, and Tollway District North Agricultural, Single Family- 15, Commercial Corridor, PD-60-Single Family-10 Single Family Residential, Commercial, and Undeveloped Low Density Residential, Medium Density Residential, and Tollway District East Agricultural, PD-33-Office Undeveloped Business Park and Tollway District South Agricultural, Retail, Commercial Corridor, PD- 14-Retial/Business Park, PD-41-Mixed Use, Commercial and Undeveloped Medium Density Residential and Tollway District West Agricultural and ETJ (Denton County) Single Family Residential and Undeveloped High Density Residential (in ETJ) and Medium Density Residential Existing Zoning – The existing zoning is Single Family-10, Single Family-12.5, Office, Commercial Corridor, PD-3-Retail/Commercial/Office, PD-14-Single Family/Single Family-10, PD-23-Single Family-10/Single Family-12.5, PD-34-Multifamily. PD-3, PD-14, PD-23, and PD- 34 are attached for your review. The existing zoning is shown on the attached zoning map. Residential: The chart below summarizes the existing single family zoning. Existing Zoning Lot Area (sq. ft.) # of Lots Permitted Typical Lot Dimensions 5,500-9,999 902 50'x110' 10,000-12,499 523 80'x125' 12,500-14,999 338 90'x140' 15,000+ 107 100'x150' Total 1870 The 902 lots (5,500 square feet to 9,999 square feet) are all located west of Legacy Drive, next to Artesia. The 968 lots greater than 10,000 square feet in area are all located east of Legacy Drive. The multifamily tract allows for the development of a maximum of 423 garden style multifamily units. Agenda Item No. 4 - Page 3 of 7 Non-residential: Planned Development-3 and Commercial Corridor are the existing districts along the Dallas Parkway frontage. These districts allow for an extensive list of non-residential uses, including, but not limited to; Automobile Sales, Indoor and Outdoor Commercial Amusement, Gas Stations, Banks, various Retail uses, Restaurants, Furniture Stores, Hardware Stores, Hospitals, Hotels, Motels, Professional and Medical Office, Newspaper Printing Centers, Showroom Facilities, Storage Facilities, Theaters, Small Truck Sales, Warehouse/Distribution Center, Bottling Works, Car Wash, Health/Fitness Center, Manufacturing uses, Open Storage, Nursery, Veterinarian Clinic. These districts also allow for a maximum building height of 8 stories, no greater than 100 feet. The non-residential property on the north side of First Street, west of Dallas Parkway is zoned straight Office. Requested Zoning – Z13-0018 is a request rezone 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). The PD- SF/O/R regulations are attached. The proposed PD-SF/O/R District allows for the development of a maximum of 1,870 single family lots; a maximum of 144.8± acres of office and retail uses along Dallas Parkway; an approximate 30.9 acre community park; a minimum of three neighborhood parks, each approximately 7.5 acres; a minimum of 70 acres of open space and floodplain corridors; and two amenity centers. The rezoning eliminates the ability for 423 garden-style multifamily units to develop on the property. The proposed single family lots fall into four types; Type A (minimum 6,875 square feet), Type B (minimum 8,125 square feet), Type C (minimum 10,260 square feet), and Type D (minimum 11,610 square feet). The maximum number of Type A lots is 709 and the maximum number of Type B lots is 784**. While there are no minimum number of lots for Type A or Type B lots, the minimum number of Type C lots is 231, and the minimum number of Type D lots is 143. The maximum number of lots allowed west of Legacy Drive is 750, while the maximum number of lots east of Legacy Drive is 1,120. Development standards for each lot type are summarized in the table below and are further described in Exhibit C, Section II. Proposed PD-SF (Type A) Proposed PD-SF (Type B) Proposed PD-SF (Type C) Proposed PD-SF (Type D) SF-10 (For Comparison Purposes Only) Min. Lot Area 6,875 square feet 8,125 square feet 10,260 square feet 11,610 square feet 10,000 square feet Number of Lots 709 max** 784 max** 231 minimum 143 minimum N/A Typical Lot Dimensions 55’ X 125’ 65’ X 125’ 76’ X 135’ 86’ X 135’ 80’ X 125’ Min. Lot Width 55 feet 65 feet 76 feet 86 feet 80 feet Agenda Item No. 4 - Page 4 of 7 Min. Lot Depth 100 feet 100 feet 110 feet 125 feet 125 feet Min. Dwelling Area 1,800 square feet (single story) 2,000 square feet (two story) 2,300 square feet (single story) 2,650 square feet (two story) 2,500 square feet (single story) 3,000 square feet (two story) 3,000 square feet (single story) 3,500 square feet (two story) 1,800 square feet Front Yard Setback 25 feet 25 feet 30 feet 30 feet 25 feet Side Yard Setback 7 feet, 15 feet on corner lots adjacent to a side street 7 feet, 15 feet on corner lots adjacent to a side street 8 feet, 15 feet on corner lots adjacent to a side street 8 feet, 15 feet on corner lots adjacent to a side street 8 feet, 15 feet on corner lots adjacent to a side street Rear Yard Setback 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Height 40 feet 40 feet 40 feet 40 feet 40 feet Minimum Roof Pitch 8:12 8:12 10:12 10:12 8:12 **Any unused “number of lots” from the Type A category may be added to the Type B category so as to increase the number of Type B lots with no increase in the overall PD density of 1,870 lots. The number of lots under 10,000 square feet has increased from 902 allowed for under the existing zoning to 1,496 allowed for under the proposed PD. The number of lots greater than 10,000 square feet has been reduced from 968 to 375. Besides lot size (Types A, B, and C), width, depth (Types A, B, and C), and side yard setback (Types A and B), the proposed PD-SF standards that vary from straight SF-10 zoning are: For All Lot Types: 1. Permitted Encroachment – The PD allows architectural features and porches to encroach into the required front and rear yard setbacks up to five feet. The Town’s Zoning Ordinance permits eaves, roof extensions, or porches without posts or columns to project into the required front yard for a distance not to exceed three feet. The Zoning Ordinance also allows the minimum front yard in single-family and two-family Zoning Districts to be reduced by 10 feet in the following circumstances. In no case shall the reduction cause the minimum front yard to be less than 15 feet. Agenda Item No. 4 - Page 5 of 7 • For an outside swing-in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three feet by five feet and the height of the garage does not exceed one story; or • For a non-enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or • For a non-enclosed porch and the main structure provided: o the height of the main structure does not exceed one story; o the porch has a minimum dimension of seven feet in depth measured from stud to the front edge of the porch floor and a minimum width of 20 feet; and o the minimum front yard for a front entry garage is increased one foot for every one foot the minimum front yard for the main structure is reduced 2. Fencing – The PD requires fencing adjacent to open space or parks be decorative metal fence, minimum 4 foot in height. In addition to complying with the Town’s fence ordinance, the PD requires all wooden fencing to be cedar, board-to-board with a top rail; and for the development to establish a common stain color and fence detail. The Town’s fence ordinance does not require the wood fencing to have a top rail; or for the development to establish a common stain color and fence detail. 3. Building and Architectural Standards – The PD provides several standards to require front facing garage doors with architecturally enhanced features; to prohibit carports and accessory structures used as garages, garage apartments, storage buildings, or guest houses; require enhanced paving treatments for residential driveways; and includes conceptual single family elevations. Please note the renderings in Exhibit F represent artist concepts only and are provided solely for illustrative purposes. These standards exceed those in the Zoning Ordinance. The proposed PD allows for a maximum of 144.8± acres of office and retail uses along Dallas Parkway. The PD-O/R standards generally conform to straight Office and Retail zoning standards. The PD-O/R District also allows for the following: hotel and auto sales/leasing and services uses; hotels, office buildings, and hospitals to have a maximum height of 8 stories, no greater than 100 feet; and all non-residential uses within 150 feet of a single family zoned area be a maximum height of 2 stories. Should a non-residential use exceed 2 stories near a single family zoned area, the setback is required to increase 1 foot beyond the 150 foot setback for each foot of building height beyond 2 stories. The Town’s Zoning Ordinance requires the setback be increased 2 feet for every foot above 40 feet so this requirement in the proposed PD is a reduction to the Commercial Corridor standards. Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Low Density Residential, Medium Density Residential, and Tollway District uses for the property. The FLUP recommends a density not to exceed 1.6 dwelling units per acre in areas designated for Low Density Residential, with typical lot sizes of 15,000 square feet and greater. The FLUP recommends a density not to exceed 2.5 dwelling units per acre in areas designated for Medium Density Residential, with typical lot sizes between 12,500 to 20,000 square feet. The FLUP recommends a diverse mixture of office, retail, and high density residential uses in the Tollway District. The proposed PD-SF/O/R District allows for the development of a maximum of 1,870 single family lots and a maximum of 144.8 acres of office and retail uses along Dallas Parkway. The proposed single family residential density is 2.47 dwelling units per acre, which is a reduction from the existing single family residential density of 2.68 dwelling units per acre. The rezoning also eliminates the ability for 423 garden-style multifamily units to develop on the property. Agenda Item No. 4 - Page 6 of 7 Thoroughfare Plan – The property is adjacent to the future Dallas North Tollway; Shawnee Trail, a future four lane divided thoroughfare; Legacy Drive, a future six lane divided thoroughfare; Fishtrap Road, a future four lane divided thoroughfare; and Prosper Trail, a future four lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service and sanitary sewer service will have to be extended to the property either before or with development. Access – Access to the property is provided from existing Dallas Parkway, future Shawnee Trail, existing Legacy Drive, existing Fishtrap Road, and existing Prosper Trail. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). Any future school sites are to be determined at the time of preliminary plat. Parks – The development 1,870 single family lots would require 53.4 acres of park dedication. The proposed PD provides for an approximate 30.9 acre community park, a minimum of three 7.5 acre neighborhood parks, 70 acres of open space and floodplain corridors, and two amenity centers. Please see Exhibit C, Section I for the Parkland and Amenities standards. The Parks and Recreation Board recommended changes to the proposed PD at their March 3, 2014 meeting, described below. Environmental Considerations – The 100 year floodplain located on the property is shown on Exhibits A and D. Legal Obligations and Review: Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has received two public hearing notice reply forms, neither in opposition to the request. Attached Documents: 1. Zoning Exhibits A, B, C, D, E, and F. 2. Planning & Zoning Commission’s comments to the applicant 3. Zoning map of the surrounding area. 4. PD-3. 5. PD-14. 6. PD-23. 7. PD-34. 8. Future Land Use Plan 9. Public hearing notice reply forms. 10. The zoning application. Parks and Recreation Board Recommendation: At their March 3, 2014 meeting, the Parks and Recreation Board recommended the Planning & Zoning Commission and Town Council approve the proposed Parkland Dedication, by a vote of 6-0, subject to: 1. One community park being a minimum of 31 acres as indicated on Exhibit D, located east of Legacy, south of the creek, and on the north side of Fishtrap Road. Per the Subdivision Ordinance, a maximum of 20% of the floodplain can count towards the requirement; therefore, approximately 24.8 acres shall be located outside the floodplain. Agenda Item No. 4 - Page 7 of 7 2. Three neighborhood parks, a minimum of 7.5 acres each. One neighborhood park will be located west of Legacy and two will be located east of Legacy. They shall not be located adjacent to major arterial streets. Town Staff Recommendation: Town staff recommends the Planning & Zoning Commission consider the following items prior to taking action on the proposed PD: 1. Minimum Single Family Lot Sizes and the Maximum Number of Lot Types A and B – Although the smallest single family lot size has increased from 5,500 square feet in existing PD-14 to 6,875 square feet in the proposed PD, the number of single family lots allowed to develop with an area less than 10,000 square feet has increased from 902 per existing zoning to 1,496 in the proposed PD. The number of lots with a minimum area greater than 10,000 square feet has been reduced from 968 to 375. While the maximum single family density has been reduced from 2.68 dwelling units per acre to 2.47 dwelling units per acre (due to an increase in the single family land area) and the rezoning eliminates the ability for 423 garden-style multifamily units to develop on the property, the number of single family lots with an area less than 10,000 square feet has significantly increased. 2. Conceptual Elevations or Renderings – The proposed PD includes conceptual elevations for the single family homes in Exhibit F. Please note the elevations in Exhibit F are artist’s concepts. They are included as a representation of the architectural style, color and material selections Blue Star is planning for the single family dwellings in Star Trail. The Planning & Zoning Commission should review the language in Exhibit F and the conceptual elevations to determine their suitability. 3. Side Yard Setbacks – The minimum side yard setbacks for Lot Types A and B in the proposed PD are 7 feet. The minimum side yard setback in the SF-10 District is 8 feet. The applicant is requesting a reduced side yard setback due to the reduced width of the lots. For reference purposes, the side yard setbacks in the recently approved Prosper Center PD were 7.5’. Once the Planning & Zoning Commission has considered the previous list of items, Town staff recommends the Planning & Zoning Commission approve the request to rezone 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF- 12.5), Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R) subject to the following conditions: 1. Revising the zoning exhibits to comply with the Parks and Recreation Board’s recommendation. ΔΔΔΔFUTURE LAND USE: LOW DENSITY RESIDENTIALEXISTING ZONING: SINGLE-FAMILY RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD OFFICE / SERVICE FUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: PD RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCFUTURE LAND USE: 100-YEAR FLOODPLAINEXISTING ZONING: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: OFFICE / SERVICEFUTURE LAND USE: LOW DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL & TOLLWAY DISTRICTEXISTING ZONING: AGRICULTURALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: PD SINGLE-FAMILY RESIDENTIALFUTURE LAND USE: RETAIL &NEIGHBORHOOD SERVICESEXISTING ZONING: RETAIL / COMMERCIAL FUTURE LAND USE: RETAIL& NEIGHBORHOOD SERVICESEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: RETAIL& NEIGHBORHOOD SERVICESEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: AGRICULTURAL & OFFICE / SERVICEFUTURE LAND USE: 100-YEAR FLOODPLAINEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: HIGH DENSITY RESIDENTIALEXISTING ZONING: ETJFUTURE LAND USE: HIGH DENSITYRESIDENTIALEXISTING ZONING: ETJFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALEXISTING PD-23(269.506 AC)EXISTING PD-14 (VILLAGE "B")(31.43 AC)EXISTING PD-14 (VILLAGE "A")(243.808 AC)EXISTING TRACT-1RETAIL(22.18 AC)EXISTING TRACT-2COMMERCIAL(77.41 AC)EXISTING PD-3RETAIL/COMMERCIAL/OFFICEEXISTING PD-3RETAIL/COMMERCIAL/OFFICEEXISTING PD-34 (77.93 AC)SF-10EXISTING PD-34 (28.20 AC)MULTI-FAMILYEXISTING PD-34 (50.34 AC) CORRIDOR COMMERCIALEXISTING PD-34 (75.59 AC)SF-12.5FUTURE PROSPER TRAIL THOROUGHFARE(90' R.O.W.)WEST PROSPER TRAIL(90' R.O.W.)FUTURE LEGACY DRIVE THOROUGHFARE(120' R.O.W.)WEST PROSPER TRAIL(90' R.O.W.)FUTURE MINOR THOROUGHFARE (90' R.O.W.)FUTURE MINOR THOROUGHFARE (90' R.O.W.)FUTURE MINOR THOROUGHFARE(90' R.O.W.)FUTURE MINOR THOROUGHFARE(90' R.O.W.)FUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALPROPOSED RESIDENTIALTRACT 1243.026 AC.FUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: PD SINGLE-FAMILY RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALPROPOSEDRETAIL TRACT 1112.579 AC.PROPOSED RETAIL TRACT 232.24 AC.FUTURE LAND USE: AGRICULTUREEXISTING ZONING: AGRICULTUREFUTURE MINOR THOROUGHFARE (90' R.O.W.) NORTH DALLAS PARKWAY (VARIABLE WIDTH R.O.W.) NORTH DALLAS PARKWAY (VARIABLE WIDTH R.O.W.)PROPOSED RESIDENTIAL TRACT 2514.721 AC.P:\Projects LDD\11016\11016 - Exhibit A.dwg, 11016_Exhibit A, 3/24/2014 11:59:58 AM, tsyost, Dowdey, Anderson & Associates, Inc., TSYREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.MARCH 24, 2014STATE REGISTRATION NUMBER: F-399STAR TRAIL GRAPHIC SCALE8000 Warren ParkwayBuilding 1, Suite 100Frisco, Texas 75034PHONE: (972) 867-1886SITETHIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY AND DOES NOTNECESSARILY DEPICT THE PROJECT AS IT SHALL FINALLY BE DEVELOPED.AERIAL PHOTOGRAPH TAKEN 2013.THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THISEXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOTSET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED ATTHE TIME OF FINAL PLAT. ΔΔΔΔFUTURE LAND USE: LOW DENSITY RESIDENTIALEXISTING ZONING: SINGLE-FAMILY RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD OFFICE / SERVICE FUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: PD RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: 100-YEAR FLOODPLAINEXISTING ZONING: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: OFFICE / SERVICEFUTURE LAND USE: LOW DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL & TOLLWAY DISTRICTEXISTING ZONING: AGRICULTURALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: PD SINGLE-FAMILY RESIDENTIALFUTURE LAND USE: RETAIL &NEIGHBORHOOD SERVICESEXISTING ZONING: RETAIL / COMMERCIAL FUTURE LAND USE: RETAIL& NEIGHBORHOOD SERVICESEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: RETAIL& NEIGHBORHOOD SERVICESEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: AGRICULTURAL & OFFICE / SERVICEFUTURE LAND USE: 100-YEAR FLOODPLAINEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: HIGH DENSITY RESIDENTIALEXISTING ZONING: ETJFUTURE LAND USE: HIGH DENSITYRESIDENTIALEXISTING ZONING: ETJFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALEXISTING PD-23(269.506 AC)EXISTING PD-14 (VILLAGE "B")(31.43 AC)EXISTING PD-14 (VILLAGE "A")(243.808 AC)EXISTING TRACT-1RETAIL(22.18 AC)EXISTING TRACT-2COMMERCIAL(77.41 AC)EXISTING PD-3RETAIL/COMMERCIAL/OFFICEEXISTING PD-3RETAIL/COMMERCIAL/OFFICEEXISTING PD-34 (77.93 AC)SF-10EXISTING PD-34 (28.20 AC)MULTI-FAMILYEXISTING PD-34 (50.34 AC) CORRIDOR COMMERCIALEXISTING PD-34 (75.59 AC)SF-12.5FUTURE PROSPER TRAIL THOROUGHFARE(90' R.O.W.)WEST PROSPER TRAIL(90' R.O.W.)FUTURE LEGACY DRIVE THOROUGHFARE(120' R.O.W.)WEST PROSPER TRAIL(90' R.O.W.)FUTURE MINOR THOROUGHFARE (90' R.O.W.)FUTURE MINOR THOROUGHFARE (90' R.O.W.)FUTURE MINOR THOROUGHFARE(90' R.O.W.)FUTURE MINOR THOROUGHFARE(90' R.O.W.)FUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALPROPOSED RESIDENTIALTRACT 1243.026 AC.FUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: PD SINGLE-FAMILY RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTEXISTING ZONING: RETAIL / COMMERCIALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING ZONING: AGRICULTURALPROPOSEDRETAIL TRACT 1112.579 AC.PROPOSED RETAIL TRACT 232.24 AC.FUTURE LAND USE: AGRICULTUREEXISTING ZONING: AGRICULTUREFUTURE MINOR THOROUGHFARE (90' R.O.W.) NORTH DALLAS PARKWAY (VARIABLE WIDTH R.O.W.) NORTH DALLAS PARKWAY (VARIABLE WIDTH R.O.W.)PROPOSED RESIDENTIAL TRACT 2514.721 AC.P:\Projects LDD\11016\11016 - Exhibit A.dwg, 11016_Exhibit D, 3/24/2014 11:57:47 AM, tsyost, Dowdey, Anderson & Associates, Inc., TSYMARCH 24, 2014STAR TRAIL GRAPHIC SCALEREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.SITE7.5 ACPARK7.5 ACPARK7.5 ACPARKTHIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY AND DOES NOTNECESSARILY DEPICT THE PROJECT AS IT SHALL FINALLY BE DEVELOPED.AERIAL PHOTOGRAPH TAKEN 2013.THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THISEXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOTSET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED ATTHE TIME OF FINAL PLAT.STATE REGISTRATION NUMBER: F-3998000 Warren ParkwayBuilding 1, Suite 100Frisco, Texas 75034PHONE: (972) 867-1886PROPOSEDCOMMUNITY PARK±30.9 AC. Compiled list of Comments from P&Z Commissioners Villages at Star Trail Comments from multiple Commissioners: 1. Number of Type A lots need to be reduced. Reduce the number of Type A lots by 150 - 200. Majority of Type A lots (or all) shall be west of Legacy. 2. Include a minimum average lot size for the development (east and west of Legacy). 3. A minimum of 50% of the lots to be Type C or Type D (over 10,000 sq. ft.). 4. Additional architectural standards to be included. Single family home renderings shall be committed to as shown in the elevations. 5. School sites are strongly recommended to be dedicated at no cost to PISD. Other Comments: 1. Hard trails for any hike & bike trails. 2. Add more required trees. 3. Side yard setbacks at 8’ for all lots. 4. Remove encroachment allowance for swing in garages. 5. Minimum lot width for any lot shall be 65’. Z13-0018Residential Tract 2Z13-0018Residential Tract 1 Z13-0018Commercial Tract 1 Z13-0018Commercial Tract 2 A C A A A A R CC SF-10 O R SF-12.5 A CC CC C CC AA CC CC CC C CC CC SF-15SF-15 SF-15 A A CC SF-15 SFPD -14 SF-10/12.5PD-23 R/C/OPD-3 MPD -41 OPD -33 BPPD -14 SF-10PD-14 R/C/OPD-3 MFPD-34 RPD -14 RPD -14 CPD -47 RPD -14 SFPD -3 SF-10PD-60 SF-10PD-8 CPD -54 SF-10PD-14 CCPD-42 CCPD-19S-6 W FIRST STN DALLAS PKWYFISHT RAP RD PRO SPER RD S DALLAS PKWYCLEARWATER DR ±0 500 1,000 1,500 Feet 1 inch = 1,000 feet Z 0 0.5 1 1.50.25 Miles Plate 2 FutureLand UsePlan July 2012 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj Parvin Rd.F.M. 1385GeeFish Trap Rd. U.S. 380 Dallas North TollwayProsper Trail First St.La C im a B lvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478F.M. 2478Custer Rd.F.M. 423Teel Pkwy.Legacy Dr.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdLegend Low Density Residential Medium Density Residential High Density Residential Retail & Neighborhood Services Business Park Old Town District Town Center Tollway District US 380 District 100 Year Floodplain kjMajor Gateway kj Minor Gateway Town of Prosper ETJ Note: A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. Page 1 of 6 Ops.ops…my eyes ] 1. Call to Order / Roll Call. The meeting was called to order at 6:03 p.m. Roll call taken by Melanie Videan, Planning Technician. Commissioners present included: Chair Mark DeMattia, Vice Chair Mike McClung, Secretary Rick Turner, Bruce Carlin, Craig Moody, Bill Senkel and Chris Keith. Staff present included: Hulon Webb, Executive Director of Development & Community Services; Chris Copple, Director of Development Services; Terry Welch, Town Attorney; and Melanie Videan, Planning Technician. 2. Recitation of the Pledge of Allegiance. CONSENT AGENDA 3a. Consider and act upon minutes from the following Planning & Zoning Commission meeting:  April 1, 2014 Regular Meeting 3b. Consider and act upon a site plan and final plat for the Stanton Addition, Block A, Lot 1, on 0.2± acre, located on the northwest corner of First Street and Craig Road. The property is zoned Downtown Office (DTO). (D14-0013). 3c. Consider and act upon a site plan for Temporary Public Works Offices at 601 E. Fifth Street, on 4.4± acres, located on the north side Fifth Street, 200± feet west of McKinley Street. The property is zoned Single Family-15 (SF-15). (D13-0053). Motioned by Carlin, seconded by Turner to approve the consent agenda subject to staff’s recommendations and a revision to item 3a, page 4, paragraph 7 to reflect that McClung asked “the applicant if he would be willing to reduce Type A lots by an amount of 100 and increase the other lot types by a total amount of 100.” Motion approved 7-0 at 6:02 p.m. REGULAR AGENDA 4. Conduct a Public Hearing, and consider and act upon a request to rezone 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z13-0018). MINUTES Regular Meeting of the Prosper Planning & Zoning Commission 108 W. Broadway St., Prosper, Texas Town of Prosper Municipal Chambers Tuesday, April 15, 2014, 6:00 p.m. Prosper is a place where everyone matters. Page 2 of 6 Summary Copple: Summarized discussions on the request at the April 1, 2014 Planning & Zoning Commission meeting and the Commission’s reason for tabling the request. Noted the Commission’s concerns were emailed to the applicant and revised exhibits were submitted to staff. Listed revisions the applicant made to the request, which includes the table in Exhibit C, correcting the maximum building height for lot Types C and D from 45 feet to 40 feet, and revisions to the language accompanying Exhibit F. Informed the Planning Division had received two public hearing notice reply forms, neither in opposition to the request. Recommended that once the Commission considers minimum single family lot sizes, maximum number of Type A and B lots, conceptual elevations, and side yard setbacks, the Commission approve the request subject to revising the zoning exhibits to conform with the Parks and Recreati on Board’s recommendation. Discussion DeMattia: Invited discussion regarding the Commission’s emailed concerns. Keith: Suggested Type C and D lot counts increase to a maximum total of 400 and Type A lots be located west of Legacy Drive (though noted intermixing lot types does have merit). Clarified his intention for the overall single family lot count within the development would remain at 1,870. Moody: Preferred to eliminate 5,500 square foot lots and increase the total large lots. Commented if Type A lots were converted to Type B lots, the request would be more attractive to him. McClung: Suggested the market will dictate lot size and more than likely, the development will not produce 1,870 total single family lots, which is what the property is currently zoned for. Commented the request is an improvement to the existing zoning. Preferred to accept the applicant’s proposal that lot sizes be integrated throughout the single family component. Voiced support for the architectural renderings, as they adhere to the basic town standards and the Commission cannot design builders’ house plans. Turner: Agreed with McClung. Preferred a balance regarding house and lot size, citing Prosper is a town for everyone, not just those who can afford large lots. Stated if all lots are 10,000 square feet or greater, it will reduce the total amount of houses within the development. Preferred larger side yard setbacks, but noted such setbacks may affect various factors during the development and/or home building process. Senkel: Stated while the Comprehensive Plan (herein called the Comp Plan) provides clear guidance, the existing zoning needs to be taken into account. Preferred to compromise with the applicant on the Commission’s concerns. Agreed with McClung that integration of lot sizes will provide for a better community. Keith: Reiterated preference that minimum lot counts for Types C & D lots be at 800. Agreed integrated lot sizes would make for a more balanced community. Carlin: Explained the challenges should the Type A lot total be reduced and Type C and D lot totals be increased. Voiced support for reducing Type A lots by an amount of 100, which forces larger lots, but the square footages of those lots should be at the developer’s choosing. Supported lot size integration, stating the town is already segregated by lot size, and further segregation should be avoided. Page 3 of 6 DeMattia: Reminded the Commission the lot count will not increase. Noted he would support either compromise – increase the total minimum amount of Type C and D lots or reduce the number of Type A lots. Asked Commission if they had previously discussed increasing the minimum dwe lling area for homes on Type A lots. Invited the Commission to discuss the concerns they gave staff to share with the applicant. The Commission discussed the following topics: architectural standards in Exhibit F, specifically how the proposed language would ensure quality home facades; ensuring alleyways are prohibited; driveway encroachments for swing-in garages and the purpose for encroachments, which are permitted per the Zoning Ordinance; soft versus paved hike and bike trails, with staff noting all public hike and bike trails are required to be paved. Welch: Provided example language the Commission could request the applicant use for Exhibit F. Motioned by Carlin to approve item 4 subject to: 1) the town attorney’s suggested language to replace the proposed language in Exhibit F, 2) a reduction in Type A lots by an amount of 150 to give a total lot count of 1,720, 3) increasing the side yard setbacks for all lot types to eight feet, and 4) require paved hike and bike trails throughout the development. McClung preferred to reduce the total amount of Type A lots by 150 and allow the developer to choose how to distribute the 150 lots, thereby keeping the count at 1,870 total lots for the development. Keith suggested increasing the other lot types by 50 percent. He reiterated his preference to increase the total amount of Type C & D lots. Once Moody concurred with McClung’s suggestion (to reduce Type A lots) and Turner commented that future market conditions will dictate the majority of lot size decisions, Keith suggested a revision that 30% of the lots be guaranteed to be above 10,000 square feet. The Commission further discussed reducing Type A lots, how to handle the remaining lots (that were subtracted from the Type A lots), and distribution of lots if a minimum of another lot type is dictated. Welch: Cited the Commission’s conditions of approval to ensure their motion is correctly worded according to their intentions. Motioned by Carlin, seconded by McClung to approve a request to rezone 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development -3 (PD- 3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD- 34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (O), and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R) subject to the following conditions: 1) revise the zoning exhibits to comply with the Parks and Recreation Board’s recommendation, 2) revise and replace the existing language in Exhibit F to read as follows: All single family residential elevations shall substantially conform to the depictions contained herein, 3) No alleyways shall be permitted in the Development, and 4) reduce the maximum number of Type A lots to 559 with a total lot count not to exceed 1870 lots. Motion passed 6-1 at 6:54 p.m. with Keith in opposition to the motion, citing a preference that Type A lots be reduced by more than a count of 150, and he preferred a guarantee that more lots than what is proposed will be 10,000 square feet or greater. 5. Conduct a Public Hearing, and consider and act upon a request to rezone 621.1± acres, located on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family-15 (SF-15) to Planned Development-Single Family- 10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C). (Z09- 0013). Page 4 of 6 Summary Copple: Briefed on discussions from the April 1, 2014 Planning & Zoning Commission meeting. Noted the attachments to the staff report and the revision’s to staff’s recommendations from the previous staff report. Summarized changes the applicant made to the request. Informed the Planning Division received sixteen public hearing notice reply forms with twelve being in opposition to the request. Discussion DeMattia: Summarized the request to rezone for those in attendance. Noted the Town’s discussions with the applicant over the months and the progress made, which includes but is not limited to: 1) relocating the multifamily district as far west as possible, 2) lowering the maximum building heights east of Preston Road to two stories, 3) compiling multiple planned developments into one planned development (herein called the PD), allowing the Town better control over the request, and 4) improvements to the request over the existing zoning. Informed the audience the Commission sent their individual concerns to staff, who in turn, shared those comments with the applicant one week prior to this meeting. Commented there are concerns the applicant has yet to address, and invited the Commission to discuss the following points: 1) overall planned development language, 2) the multifamily component, 3) the townhome component, 4) big box retail, 5) non-residential components, 6) buffers against existing residential developments, and 7) landscaping. Commissioner DeMattia requested the Commission adjourn into executive session at 7:06 p.m. The Commission reconvened from executive session at 7:57 p.m. DeMattia invited the Commission to discuss seven concerns, beginning with architectural renderings. Turner preferred the language Welch used for Exhibit F in item 4 on the agenda. DeMattia asked Copple to examine Section 6.1.2 in Exhibit C, inquiring if multifamily could be relocated to sub-district 1. Copple noted the language matches the Town’s Zoning Ordinance, clarified the l ast paragraph in the section, and confirmed multifamily could be relocated to sub-district 1. Moody asked Copple what authorization the Commission has if the multifamily units are relocated. Copple cited the process, which includes a public hearing and approval by the Commission should the change not meet the criteria described in Section 6.1.2. DeMattia opened discussions regarding permitted uses, specifically open storage uses. Carlin questioned why Gunsmith is not a permitted use, yet Indoor Gun Range is, noting the two uses are typically found together. Copple explained that Gunsmith is considered a primary use and described the difference between accessory uses and primary uses. Keith inquired about Open Storage, and Copple informed the requirements for such a use would have to conform to the Town’s Zoning Ordinance. DeMattia invited the Commission to discuss the multifamily component. Turner called for a reduc tion in total units, and Keith questioned if a minimum on townhome units should be set and whether all multifamily units should be capped at 600 units. Furthering the discussion on multifamily, DeMattia addressed the style of multifamily to be developed. Keith commented he did not want garden-style multifamily but preferred urban-style. DeMattia noted a vertical structure is consistent with the Future Land Use Plan. Copple cited that both vertical and horizontal multifamily construction in the Town Center District is consistent with the Comp Plan but that during the process of updating the Comp Plan, the citizens voiced a preference for vertical multifamily as opposed to horizontal multifamily. Explained the defining characteristics of wrap-style multifamily developments. Keith commented he liked the wrap-style; however, once the applicant inquired about their Page 5 of 6 preferences on multifamily, DeMattia asked Welch to not include the wrap-style for multifamily from their list of conditions. The Commission discussed at what square footage retail development should be complete before any multifamily units are built and what sub-districts that square footage should come from. Carlin asked the applicant, Scott Shipp, how he plans to phase construction. Shipp responded he would prefer to develop east to west and that construction within any development typically doesn’t jump around the site. The Commission continued voicing their preferences and concerns on the topic and concluded that for all 600 multifamily units to be constructed, 70% of 500,000 square feet of retail must be issued a Certificate of Occupancy while only 70% of 250,000 square feet of retail with a Certificate of Occupancy will trigger 300 multifamily units. The Commission discussed the minimum percentage of stone product and what materials to prohibit on all non-single family residential buildings, which includes multifamily, townhome, retail, and big box retail. With regards to townhomes, the Commission discussed requiring a minimum of one garage per unit and considered increasing the minimum dwelling area per unit. Next, the Commission conferred on big box retail, specifically manufactured concrete block walls; textured, painted tilt-walls; the minimum percentage of natural or manufactured stone required and which elevations should be required to have natural or manufactured stone; and prohibiting outdoor storage and automobile uses. Buffer areas between retail and existing residential areas and landscaping issues were briefly discussed; however, it was concluded that the proposed language in the PD and the Town’s Zoning Ordinance adequately care for these topics. Welch and the Commission discussed and clarified the conditions of approval to ensure the Commission’s motion is correctly worded according to their intentions. Motioned by Moody, seconded by Keith to approve a request to rezone 621.1± acres, located on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned Development-3 (PD-3), Planned Development-13 (PD-13), Agricultural (A), and Single Family- 15 (SF-15) to Planned Development-Single Family-10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/R/C) subject to the following conditions: 1) all residential and nonresidential elevations shall substantially conform to the depictions contained in the proposed Planned Development Ordinance except to the extent amended or modified by this motion; 2) townhomes and apartments shall not exceed 600 units total; 3) Timing Requirements for Multifamily and Townhome Construction. Upon the issuance by the Town of a certificate of occupancy for at least 70% of 250,000 square feet of retail development in either Subdistrict 2 or 3, the developer may construct up to 300 multifamily or townhome units. Upon the issuance by the Town of a certificate of occupancy for at least 70% of 500,000 square feet of retail development in either Subdistrict 2 or 3, the developer may construct up to 600 multifamily or townhome units; 4) For nonresidential buildings in any subdistrict, no single material shall exceed more than eighty percent (80%) of an elevation area. A minimum of twenty-five percent (25%) of the front façade and all façades facing any public right-of-way shall be natural or manufactured stone; 5) For nonresidential and multifamily buildings in any subdistrict, all building façades shall be architecturally finished with one hundred percent (100%) masonry with an allowance for up to ten percent (10%) secondary materials. Masonry finishes include clay-fired brick, natural and manufactured stone, cast stone, granite, marble, architectural concrete block and stucco and shall exclude exposed texture d or painted exposed concrete tiltwall; 6) Townhomes. The minimum dwelling area shall be 1,800 square feet and a minimum of two stories. Each townhome unit shall include a garage; 7) Townhomes and multifamily units shall be constructed of a minimum of twenty percent (20%) natural or Page 6 of 6 manufactured stone; 8) Big Box development. Any Big Box structure shall consist of at least seventy- five percent (75%) natural or manufactured stone on all four (4) sides of such building and shall exclude exposed textured or painted concrete tiltwall. 10) Eliminate any automobile repair uses and any outside storage for any Big Box structure. Motion approved 6-1 with McClung in opposition to the motion, citing his preference to not be too restrictive on prohibiting automotive repair uses within a big box retail use. 6. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There was no discussion on this item. 7. Adjourn Motioned by Carlin, seconded by Turner to adjourn. Motion approved 7-0. Meeting was adjourned at 9:36 p.m. _________________________________ ____________________________ Melanie Videan, Planning Technician Rick Turner, Secretary