05.13.2014 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. 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:
2a. Section 551.087 - To discuss and consider economic development incentives.
2b. 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.
2c. 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.
3. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
REGULAR MEETING – 6:00 P.M.
1. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
2. Announcements of upcoming events.
3. Proclamations.
● Presentation of a Proclamation to members of the Prosper Police Department
declaring May 11-17, 2014, as Police Week, and declaring May 15, 2014, as Peace
Officers Memorial Day.
● Presentation of a Proclamation to members of Denton ABATE declaring May 2014
as Motorcycle Safety Awareness Month.
AGENDA
Meeting of the Prosper Town Council
Prosper High School Cafeteria
301 Eagle Drive, Prosper, Texas
Tuesday, May 13, 2014
5:00 p.m.
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4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meetings. (RB)
Special Called Meeting – April 22, 2014
Regular Meeting – April 22, 2014
Work Session – April 30, 2014
4b. Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex
Division, under the Company’s 2014 annual rate review mechanism (RRM) filing
in all cities exercising original jurisdiction. (KA)
4c. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Collin County Parks & Open Space Project Funding Assistance
Program for Cockrell Park Land Acquisition. (PN)
4d. Consider and act upon authorizing the Town Manager to execute an agreement
between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas, related
to the design of SH 289 Median Lighting. (MR)
4e. Consider and act upon authorizing the Town Manager to execute the Amended
and Restated Potable Water Supply Contract between North Texas Municipal
Water District and the Town of Prosper, Texas. (FJ)
5. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
6. 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
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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). (CC)
7. 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). (CC)
DEPARTMENT ITEMS:
8. Consider and act upon a resolution requesting the Texas Department of Transportation
restrict commercial vehicle traffic along eastbound Frontier Parkway (FM 1461) between
Preston Road (SH 289) and Custer Road (FM 2478). (DK)
9. 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:
9a. Section 551.087 - To discuss and consider economic development incentives.
9b. 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.
9c. 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.
10. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Downtown Enhancements Project
Set date to canvass May 10, 2014, General Election
Proactive traffic enforcement on US 380
Amendment to the Future Land Use Plan
12. Adjourn.
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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 May 9, 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
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.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 4:30 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly (arrived at 5:14 p.m.)
Councilmember Curry Vogelsang, Jr.
Councilmember Danny Wilson
Council Members Absent:
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Pete Smith, Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Development Services Director
Kent Austin, Finance Director
2. 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:
2a. Section 551.087 - To discuss and consider economic development
incentives.
2b. 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.
The Town Council recessed into Executive Session at 4:38 p.m.
3. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
MINUTES
Special Called Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 22, 2014
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The meeting was reconvened at 6:05 p.m.
No action was taken as a result of the Executive Session.
4. Adjourn.
The meeting was adjourned at 6:05 p.m. on Tuesday, April 22, 2014.
These minutes approved on the 13th day of May, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:06 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Curry Vogelsang, Jr.
Councilmember Danny Wilson
Council Members Absent:
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Development Services Director
Kent Austin, Finance Director
Doug Kowalski, Interim Police Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor David Hancock led the invocation. The pledge of allegiance and the pledge to
the Texas flag were recited.
3. Announcements of upcoming events.
Councilmember Korbuly made the following announcements:
Please join us on Saturday, April 26th, as we celebrate the 100th birthday of our Town’s
incorporation. Prosper’s Centennial Celebration will kick off with an Opening Ceremony
at 12:30 p.m., followed by entertainment, food and fun activities for the whole family until
4:00 p.m. For more information, please contact Town Secretary Robyn Battle.
The Prosper Police Department will host a Community Safety Initiative on May 10 at
Frontier Park, from 10:00 a.m. to 1:00 p.m. Residents will have the chance to meet
police officers in person, learn about crime prevention efforts in our community, and
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 22, 2014
Page 2 of 5
enjoy free food, games, music and other activities. Please contact Officer Juan Flores
for more information.
The Prosper Parks and Recreation Department is seeking input from residents as part of
the Parks, Recreation and Open Space Master Plan update. A public visioning and
discussion meeting will be held on Monday, May 12, from 7 to 8:30 p.m. at the Prosper
High School cafeteria. Residents are encouraged to share their thoughts, ideas and
vision for the Towns parks programs and facilities. Please contact Will Mitchell, Parks
and Recreation Manager, for more information.
TxDOT and Mario Sinacola will close the eastern half of the Frontier Parkway and
Preston Road intersection this weekend. Weather permitting, 5:30 p.m. on Friday, April
25, crews will close the east side of Frontier to allow for the set up and pouring of
concrete on Saturday. The intersection is scheduled to reopen before 7:00 a.m. Monday
morning. During this closure of Frontier Parkway, motorists are asked to utilize Prosper
Trail or CR 83 through Celina to access Preston Road.
Councilmember Wilson announced that Kite Day will be held at Frontier Park on
Saturday, May 17, from 10:00 a.m. to 2:00 p.m.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or
staff.)
4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
• Regular Meeting – April 8, 2014
4b. Receive the March 2014 Financial Report.
4c. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
4d. Consider and act upon authorizing the Mayor to execute a Partial
Termination of the Preannexation Agreement between the Town of Prosper
and TVG Texas I, LLC. (CC)
4e. Consider and act upon an Ordinance rezoning 29.5± acres, located on the
southeast corner of Coit Road and Frontier Parkway, from Agricultural (A)
to 17.9± acres of Single Family-17.5 (SF-17.5) and 11.6± acres of Retail (R).
(Z14-0004). (CC)
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4f. Consider and act upon an Ordinance granting a Specific Use Permit (SUP)
for a Child Day Care Center, on 2.3± acres, located on the east side of Coit
Road, 800± feet north of First Street. The property is zoned Retail (R). (S14-
0001). (CC)
Deputy Mayor Pro-Tem Dugger asked that items 4c and 4d be removed from the
Consent Agenda.
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion
to approve all remaining items on the Consent Agenda. The motion was approved by a
vote of 6-0.
Chris Copple, Director of Development Services, responded to questions from the Town
Council on items 4c and 4d.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Wilson seconded
the motion to approve items 4c and 4d. The motion was approved by a vote of 6-0.
5. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
Comments by the Public:
Irwin “Cap” Parry, 850 Kingsview Drive, read portions of the Town of Prosper’s
Comprehensive Plan, and indicated that he believes the recent Planned Developments
considered by the Town Council do not follow the Comprehensive Plan.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
6. 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). (CC)
7. 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
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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). (CC)
Mayor Smith announced that the applicant for Items 6 and 7 has requested a work
session on April 30, 2014, which will be open to the public. Items 6 and 7 will be tabled
until after the work session.
Mayor Smith recognized the following individual who requested to speak:
Ron Underwood, 8A Rhea Mills Circle, Prosper, requested to speak on Item 7. He
encouraged the Town Council to support the construction of a Veterans Memorial as
part of the proposed request.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded
the motion to table Items 6 and 7 to the May 13, 2014, Town Council meeting. The
motion was approved by a vote of 6-0.
Mayor Smith announced that the May 13, 2014, Town Council meeting will be held at the
Prosper High School cafeteria.
DEPARTMENT ITEMS:
8. Consider and act upon an ordinance approving a Water Resource and Emergency
Management Plan and Water Conservation Plan; establishing criteria for the
initiation and termination of drought response states; establishing restrictions on
certain water uses; establishing administrative fees for violation and provisions
for enforcement of these restrictions; establishing procedures for granting
variances; repealing Ordinance Nos. 96-23, 00-20, 01-11, 02-30, 06-01 and 11-57;
providing for repealing, savings and severability clauses; providing for an
effective date of this Ordinance; and providing for the publication of the caption
hereof. (FJ)
Hulon Webb, Executive Director of Development and Community Services, requested
that this item be tabled so that staff can revise the proposed regulations for enforcement
and notification, and get clarification from the North Texas Municipal Water District
(NTMWD) on the proposed changes to the various stages of the water conservation
plan. The Town Council requested that the updated plan address when and how repairs
may be made to existing systems.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Wilson seconded
the motion to table Item 8. The motion was approved by a vote of 6-0.
9. 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:
Page 5 of 5
9a. Section 551.087 - To discuss and consider economic development
incentives.
9b. 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.
The Executive Session was not held.
10. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn.
The meeting was adjourned at 6:26 p.m., on Tuesday, April 22, 2014.
These minutes approved on the 13th day of May, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:10 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Curry Vogelsang, Jr.
Councilmember Danny Wilson
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Development Services Director
2. Receive a presentation from Blue Star Land and discuss the Gates of Prosper and
Villages of Star Trail zoning applications.
Scott Shipp, a representative of Blue Star Land, reviewed the current Planned
Development (PD) for the Villages of Star Trail project, and the revisions that have been
made as a result of recommendations by Town staff, the Parks and Recreation Board,
and the Planning and Zoning Commission. The proposed PD will consolidate four
existing PDs: PD-14, PD-23, PD-34 and PD-3. The new proposal does not provide for
any multifamily residential development. Mr. Shipp compared the four proposed
residential lot sizes with those in the current PDs, and presented conceptual renderings
of the homes to be constructed within the development. Responding to a question from
the Town Council, Mr. Shipp specified that the two larger lot sizes could accommodate
swing-entry garages. Some features of the proposed PD that exceed the Town’s
minimum development standards include entry features and signs, hike and bike trails,
and architectural, fencing, driveway, and garage door standards. While Blue Star does
not set the price point for homes sales, they anticipate that the starting price for single
family homes in this development will be approximately $250,000.
Mr. Shipp continued the presentation by reviewing the Gates of Prosper Planned
Development project, which will consolidate PD-3 and PD-13 into one Planned
Development. Mr. Shipp explained the existing zoning, and reviewed portions of the
Town of Prosper’s Comprehensive Plan as it relates to the project. The proposed site
MINUTES
Prosper Town Council
Work Session
Prosper High School Cafeteria
301 Eagle Drive, Prosper, Texas
Wednesday, April 30, 2014
Page 2 of 3
plan includes regional retail, a lifestyle center that includes multifamily residential, a
downtown center that includes office and mixed use, and a residential neighborhood.
Some features of the proposed PD include landscaping along US 380, detention ponds
to be treated as amenities, restrictions on the number of drive-through restaurants, gas
stations, and multifamily units, height requirements for buildings east of Preston, and a
stipulation that no multifamily units will be constructed until 300,000 square feet of retail
space has been leased. The Town Council, Mr. Shipp and Town staff discussed the
future expansion of Lovers Lane, setback requirements, median improvements, and
whether truck routes could be established to limit traffic. Mr. Shipp presented
conceptual photographs of the proposed retail development and urban-style multifamily
development. A representative from Toll Brothers answered questions from the Town
Council about their products. Town staff explained that after the work session, Blue Star
will edit their PD submittal based on recommendations from the Planning & Zoning
Commission, Town staff, and the Town Council, and the Town Council will consider the
zoning request at the May 13, 2014, Town Council meeting. Regarding quality and
standards, Mr. Shipp and Town staff responded that the standards in the proposed PD
are at least as good, if not better, than those in the surrounding communities, and the
comments made by Town staff on the proposal have all been addressed by Blue Star.
Any significant change to the PD would require additional approval by the Planning &
Zoning Commission and the Town Council. The project currently does not include the
use of alleyways.
With no further discussion, Mr. Shipp concluded his presentation.
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.
The Town Council recessed into Executive Session at 7:34 p.m.
4. Reconvene and take any action necessary as a result of the Closed Session.
The Work Session reconvened at 9:34 p.m.
No action was taken as a result of the Closed Session.
5. Adjourn.
Page 3 of 3
The meeting was adjourned at 9:34 p.m. on Wednesday, April 30, 2014.
These minutes approved on the 13th day of May, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Kent R. Austin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, denying
the rate increase requested by Atmos Energy Corp., Mid-Tex Division, under the Company’s
2014 annual rate review mechanism (RRM) filing in all cities exercising original jurisdiction.
Description of Agenda Item:
Under state law, Texas cities have original jurisdiction over natural gas rates. The Town of
Prosper and approximately 164 other cities comprise the Atmos Cities Steering Committee, or
ACSC, a group that collectively reviews and responds to rate requests from Atmos Energy.
On October 22, 2013, the Town Council approved a settlement agreement between Atmos and
the ACSC regarding the 2013 RRM increase. The impact on the average residential gas bill
from that action was estimated at $0.74, or 1.75%.
Atmos filed its 2014 RRM rate increase request of $45.7 million on February 28, 2014. The
increase would raise a typical consumer’s monthly gas bill by 9.41%. ACSC consultants
reviewed the rate increase request and concluded $19 million was justified. Settlement
discussions between the Company and ACSC were unsuccessful; accordingly, the ACSC
Executive Committee recommended that member cities approve a denial resolution and allow
the case to be resolved by the Texas Railroad Commission (RRC).
A more detailed explanation is contained in the attached background report provided by ACSC’s
legal counsel Lloyd Gosselink Rochelle & Townsend, P.C.
Budget Impact:
There is no budget impact at this time.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and
legality.
Attached Documents:
1. Background report
2. Resolution
Prosper is a place where everyone matters.
FINANCE
Item 4b
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution denying the rate increase
requested by Atmos Energy Corp., Mid-Tex Division, under the Company’s 2014 annual rate
review mechanism (RRM) filing in all cities exercising original jurisdiction.
Recommended Motion:
I move to approve the resolution denying the rate increase requested by Atmos Energy Corp.,
Mid-Tex Division, under the Company’s 2014 annual rate review mechanism (RRM) filing in all
cities exercising original jurisdiction.
Item 4b
4400387.1 1
ATMOS ENERGY 2014 RRM RATE INCREASE REQUEST
BACKGROUND REPORT
The Town, along with approximately 164 other cities served by Atmos Energy Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). On or about February 28, 2014, Atmos Mid-Tex filed with the Town an
application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff
renewed by the Town in 2013 as a continuation and refinement of the previous RRM rate review
process. This is the second annual RRM filing under the renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $45.7 million rate increase system-wide based
on an alleged test-year cost of service revenue deficiency of $49 million. Of the total amount
requested, almost $37 million is attributable to the affected cities. The Town worked with ACSC
to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to
increase rates. Although a good faith attempt was made by ACSC to reach a compromise with
Atmos Mid-Tex, an agreement was not reached. In the absence of an agreement, the ACSC
Executive Committee and ACSC’s legal counsel have recommended that ACSC members adopt
the attached Resolution denying the rate increase request.
The RRM tariff was adopted by the Town as an alternative to the Gas Reliability
Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the
Town’s rate regulatory authority to increase its rates annually to recover capital investments. In
past years, cities have been able to reach a compromise with Atmos to reduce the rate impact
from the requested RRM increases, and these compromises have also been lower than the rates
that Atmos would have been entitled to under the GRIP filing. In this case, the Company would
have been entitled to an increase from GRIP of no more than $31.5 million. The magnitude of
the requested increase under the 2014 RRM filing, and the wide differences between it and the
ACSC consultants’ recommendations made a compromise much more difficult and ultimately
impossible. The Company demanded more than it would be entitled to if it had filed a GRIP
case. For this reason, the ACSC Executive Committee and ACSC legal counsel recommend that
all ACSC Cities adopt the Resolution denying the requested rate change.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement
agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
Commission. In early 2013, the Town adopted a renewed RRM tariff for an additional five
years. This is the second RRM filing under the renewed tariff. This filing was made by
agreement less than one year after the first filing in order for the RRM rate-setting process to
hereafter use a calendar year as the test period.
The RRM tariff and the process implementing that tariff were created collaboratively by
ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge
process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow
any review of the reasonableness of Atmos’ expenditures, and does not allow participation by
Item 4b
4400387.1 2
cities or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual adjustment as a substitute for GRIP filings.
ACSC’s consultants have calculated that had Atmos filed under the GRIP provisions, it would
have received additional revenues from ratepayers of approximately $31.5 million.
Purpose of the Resolution:
Rates cannot change without the adoption of rate ordinances by cities. No related matter
is pending at the Railroad Commission. The purpose of the Resolution is to deny the rate
increase requested by Atmos. Under the RRM tariff, Atmos may appeal the rate decision of the
cities to the Railroad Commission; such appeal must be filed within thirty (30) days of the Town
action.
The RRM tariff also allows Atmos to implement its requested rates effective June 1 while
any appeal at the Commission is pending, subject to refunds based upon the outcome of the
appeal. This would represent a monthly increase of approximately $2.02 for the average
residential customer, subject to any refund if the Commission reduces the rates implemented by
Atmos. The actual impact will be slightly less than $2.02 for most residential customers because
the Company has indicated it will not appeal and thus concedes several of the issues raised by
Cities. The Resolution also authorizes the Town to participate as a party to the appeal in
conjunction with the ACSC, and requires the Company to reimburse the Town for its rate case
expenses associated with the Town’s review of the RRM filing, and with the appeal of the
Town’s denial of the rate increase.
Rate Impact of Appeal by Atmos Effective June 1:
The RRM tariff constrains the annual increase in the residential customer charge to no
more than $0.50. The current $17.70 customer charge will be increased to $18.22 per month
with the addition of an energy conservation program surcharge of $0.02. The current $17.70
customer charge for unincorporated area customers will become $20.32 per month because all of
the increase associated with a GRIP filing, which is applicable to all customers not covered by a
RRM tariff, is placed on the customer charge. However, the commodity charge for
unincorporated residential service will be less than one-half of the commodity charge for
residents of incorporated areas—$0.04172 per Ccf vs. $0.08998 per Ccf.
A comparison of rates and rate impact of what Atmos initially proposed in its RRM filing
is reflected in the following chart:
Customer
Class
Current
Bill
New
Bill
Difference
New
Customer
Charge
New
Commodity
Charge
Base
Rate
Increase
Residential 48.09 50.11 2.02 $ 18.22 $0.08998 Ccf 9.41%
Commercial 254.85 260.91 6.06 $ 38.85 $0.07678 Ccf 9.59%
Industrial 4,680.30 4,837.10 156.80 $675.00 declining block 9.70%
Transportation 2,836.84 2,993.64 156.80 $675.00 declining block 9.70%
Item 4b
4400387.1 3
However, Atmos has indicated that it will not appeal all issues raised by Cities and thus
the impact should be slightly less than what is reflected in the above chart. A precise impact
statement cannot be presented until after the Company’s appeal is filed.
Reasons Justifying Approval of the Resolution:
Consultants working on behalf of ACSC Cities have investigated the Company’s
requested rate increase. While the evidence does not support the $45.7 million increase
requested by the Company, ACSC’s consultants agree that the Company can justify an increase
in revenues of a much lesser amount—namely, an increase of only $19 million. The Executive
Committee authorized a settlement value considerably above the consultants’ recommendation
but it was insufficient to meet the Company’s expectation. The Company and ACSC Cities were
too far apart in their positions to reach a compromise, and rather than granting a partial increase
that the Company will not accept, the option remaining is to deny the rate increase request in its
entirety, and participate in the Company’s appeal of this decision at the Railroad Commission.
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph approves all findings in the Resolution.
2. This section denies the requested rate increase, finds the proposed rates to be
unreasonable and not in the public interest, and finds the existing rates to be just and reasonable.
3. This section requires the Company to reimburse ACSC Cities for reasonable
ratemaking costs associated with reviewing and processing the RRM application.
4. This section authorizes participation by the Town in conjunction with ACSC in
any appeal filed by the Company at the Railroad Commission, and authorizes ACSC and its
counsel to act on behalf of the Town. This section also requires the Company to reimburse
ACSC Cities for reasonable ratemaking costs associated with any appeal filed by the Company
to the Town’s resolution.
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the
remaining provisions of this Resolution. This section further directs that the remaining
provisions of the Resolution are to be interpreted as if the offending section or clause never
existed.
7. This paragraph directs that a copy of the signed Resolution be sent to a
representative of the Company and legal counsel for ACSC.
Item 4b
TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DENYING THE RATE INCREASE REQUESTED BY ATMOS
ENERGY CORP., MID-TEX DIVISION UNDER THE COMPANY’S 2014
ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING
ORIGINAL JURISDICTION; REQUIRING THE COMPANY TO REIMBURSE
CITIES’ REASONABLE RATEMAKING EXPENSES PERTAINING TO REVIEW
OF THE RRM; AUTHORIZING THE TOWN’S PARTICIPATION WITH ATMOS
CITIES STEERING COMMITTEE IN ANY APPEAL FILED AT THE RAILROAD
COMMISSION OF TEXAS BY THE COMPANY; REQUIRING THE COMPANY
TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES IN ANY
SUCH APPEAL TO THE RAILROAD COMMISSION; DETERMINING THAT
THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A
SAVINGS CLAUSE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO
THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with
an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have joined
together to facilitate the review of and response to natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review
process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas
Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature; and
WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with
Atmos Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff
process for an additional five years; and
WHEREAS, the Town passed an ordinance renewing the RRM tariff process for the
Town for an additional five years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities’
reasonable expenses associated with RRM applications; and
WHEREAS, on or about February 28, 2014, the Company filed with the Town its second
annual RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates
by $45.7 million; and
Item 4b
Resolution No. 14- , Page 2
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing through its
Executive Committee, assisted by ACSC attorneys and consultants, to investigate issues
identified by ACSC in the Company’s RRM filing; and
WHEREAS, ACSC attorneys and consultants have concluded that the Company is
unable to justify a rate increase of the magnitude requested in the RRM filing; and
WHEREAS, ACSC’s consultants determined the Company is only entitled to a $19
million increase, approximately 42% of the Company’s request under the 2014 RRM filing; and
WHEREAS, the Company would only be entitled to approximately $31 million if it had a
GRIP case; and
WHEREAS, the Company’s levels of operating and maintenance expense have
dramatically risen without sufficient justification; and
WHEREAS, the Company has awarded its executives and upper management
increasing and unreasonable levels of incentives and bonuses, expenses which should be
borne by shareholders who received a 23% total return on investment in 2013; and
WHEREAS, the Company requested a drastically high level of medical expense that is
unreasonable and speculatively based upon estimates; and
WHEREAS, ACSC and the Company were unable to reach a compromise on the
amount of additional revenues that the Company should recover under the 2014 RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and
consultants, recommend that ACSC Cities deny the requested rate increase; and
WHEREAS, the Company’s current rates are determined to be just, reasonable, and in
the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
That the findings set forth in this Resolution are hereby in all things approved.
SECTION 2
That the Town Council finds that Atmos Mid-Tex was unable to justify the
appropriateness or the need for the increased revenues requested in the 2014 RRM filing, and
that existing rates for natural gas service provided by Atmos Mid-Tex are just and reasonable.
SECTION 3
That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC
Cities in processing the Company’s RRM application.
Item 4b
Resolution No. 14- , Page 3
SECTION 4
That in the event the Company files an appeal of this denial of rate increase to the
Railroad Commission of Texas, the Town is hereby authorized to intervene in such appeal, and
shall participate in such appeal in conjunction with the ACSC membership. Further, in such
event Atmos Mid-Tex shall reimburse the reasonable expenses of the ACSC Cities in
participating in the appeal of this and other ACSC Town rate actions resulting from the 2014
RRM filing.
SECTION 5
That the meeting at which this Resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 6
That if any one or more sections or clauses of this Resolution is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted
as if the offending section or clause never existed.
SECTION 7
That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan,
Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd
Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 13TH DAY OF MAY, 2014.
_________________________________
Ray Smith, Mayor
ATTEST:
________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
________________________________
Terrence S. Welch, Town Attorney
Item 4b
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager to execute an application to
the Collin County Parks & Open Space Project Funding Assistance Program for Cockrell Park
Land Acquisition.
Description of Agenda Item:
The Collin County Parks & Open Space Project Funding Assistance Program has been in place
since 1999, utilizing County bond funds to assist local municipalities in acquisition of land for
parks, construction of hike and bike trails, and capital improvements to improve park land. The
funding assistance matches the Town’s dollars and in-kind donations at a 1:1 ratio. In the past,
the Town of Prosper has been awarded assistance for capital improvements at Folsom Park,
acquisition of park land for Frontier Park and Creek Crossing Community Park, 1,500 linear feet
of hike and bike trail in La Cima and capital improvements at Frontier Park.
The estimated purchase price for the additional land acquisition is $1,050,000. The Town of
Prosper is requesting the maximum matching funding of $525,000.
Budget Impact:
The requested amount from the Collin County Funding Assistance Program is $525,000. Park
Dedication Funds could be utilized to match the Collin County funds and cover any additional
costs beyond the funds approved.
Attached Documents:
1. Collin County Parks & Open Space Project Funding Assistance Program Application
2. Resolution
3. Concept Plan
PARKS & RECREATION
Prosper is a place where everyone matters.
Item 4c
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council consider and act upon a resolution authorizing the
Town Manager to execute an application to the Collin County Parks & Open Space Project
Funding Assistance Program for Cockrell Park Land Acquisition.
Proposed Motion:
I move to approve a resolution authorizing the Town Manger to execute an application to the
Collin County Parks & Open Space Project Funding Assistance Program for Cockrell Park Land
Acquisition.
Item 4c
Project Funding Assistance Program 1
Collin County
Parks and Open Space
Project Funding Assistance Program
Application
Please use Arial Font size 11 and submit a signed original Application and 12 photocopies
stapled and pages numbered. Please no cover pages, this should be Page 1.
SECTION 1: APPLICANT AND PROJECT INFORMATION
1. Project Applicant Information
Applicant – (Legal Name):
Town of Prosper
Project Contact Name/Title:
Paul Naughton/ Landscape Architect
Complete Mailing Address:
Town of Prosper
PO BOX 307
Prosper, TX 75078
Telephone Number:
(972) 346-3502
Fax Number:
(972) 347-9006
E-mail Address:
paul_naughton@prospertx.gov
Federal Tax Identification Number:
75-6000642
Date Resolution Signed:
2. Project Title:
Cockrell Park Land Acquisition
3. Brief Description of Purpose of Project:
To purchase +/-19 acres of Parkland that will be used to provide park
facilities for the Town of Prosper.
4. General Project Information:
a. Please check the one category this application addresses:
Land Acquisition for Parks and Open Space
Regional Trail Connector or Trail Project
Facilities (Capital) Improvements for Parks and Open Space
b. Amount of Funding Requested:
$ 525,000
c. Total Project Costs:
$ 1,050,000
d. Start Date of Project:
12/14/14
e. End Date of Project:
12/14/14
5. Authorized Signature (signatory must have contract signing authority):
Signature:
Title: Town Manager
Print Name: Harlan Jefferson
Date:
Item 4c
Project Funding Assistance Program 2
SECTION 2: AUTHORIZED REPRESENTATIVE
The Applicant hereby designates the individual named below as the person authorized to act on behalf of
the Applicant.
Authorized Project Representative: The following person is authorized to receive direction, manage
work performed, sign required reports, and other acts on behalf of the Applicant.
Signature:
Landscape Architect Title:
Paul Naughton Printed Name:
(972) 569-1063 Phone Number:
Town of Prosper
PO Box 307
Prosper, TX 75078 Address:
paul_naughton@prospertx.gov E-mail Address:
Has Collin County previously provided funding for this Project?
Yes No
For Collin County Parks Foundation Advisory Board Use Only
Does the proposed project advance the mission of the County Parks /Open Space Strategic Plan? ___ yes ___no
Is the application administratively complete? ______ Yes ______ No
Did the applicant receive funding for this project in previous years? _____ yes ____ no (If yes, were they
successful in the timely completion of the project? _____ yes ______ no
Item 4c
Project Funding Assistance Program 3
SECTION 3: CERTIFICATIONS AND ASSURANCES
1. Certifications
In order to receive funding under this program, the proposed project goals must be similar to and
support or advance the mission published in the Collin County Parks and Open Space Strategic
Plan (October 2001). By signing this Application, the person acting on behalf of the Applicant
makes the certifications below.
a. Authority to Sign Application
The person signing this Application hereby certifies that he/she is the official contact
regarding this Application and has authority from the Applicant to sign the Application and
that such authority will bind the Applicant in subsequent agreements.
b. Application Contains No False Statements
The Applicant certifies that this Application has no false statements and that the Applicant
understands that signing this Application with a false statement is a material breach of
contract and shall void the submitted Application and any resulting contracts.
c. This is a Reimbursement Program
Applicants must have a minimum dollar for dollar in matching funds, comprised of direct
cash, value of land to be improved, donated labor, material or in-kind services for the
project being proposed. Under special circumstances at the recommendation of the
Parks Foundation Advisory Board and approval by the Commissioners’ Court, a direct
payment may be considered.
d. Eligible Applicants
The Applicant must be a 501(c)(3) tax exempt organization, non-political group or any unit
of local government, including municipalities, school districts, or county located in Collin
County, Texas. Faith-based organizations are eligible to apply as long as inherently
religious activities, such as worship and religious instructions are not conducted.
e. Technical Feasibility
The Applicant certifies that he/she has carefully reviewed the Project Narrative and Action
Plan. To the best of their knowledge all activities are technically feasible and can be
satisfactorily completed within the time frame proposed.
f. Costs Reasonable and Necessary
The Applicant certifies to the best of their knowledge that the proposed activities and the
expenses outlined in the Budget are reasonable and necessary to accomplish the project
objectives, and the proposed expenses are consistent with the costs of comparable goods
and services.
2. Assurances
a. Compliance with Progress and Result Reporting
Applicant provides assurances that, if funded, the Applicant will comply with the
requirements for reporting: reporting on the progress of the project activities and
deliverables on a quarterly basis; providing before, during and after photos; and promptly
notifying the Parks Foundation Advisory Board of any changes in plans.
b. Financial Management
Applicant provides assurances that, if funded, the Applicant will comply with contractual
provisions and requirements necessary to ensure that expenses are reasonable and
necessary, and to adhere to financial administration and reimbursement procedures and
provide financial reports on a schedule established by Collin County.
c. Accessibility
Applicant provides assurances that, if funded, the park or proposed improvements will be
accessible to all County residents.
d. Compliance with Americans with Disabilities Act
Applicant provides assurances that, if funded, the Applicant will comply with all applicable
requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101-12213
(Pamphlet 1995).
Item 4c
Project Funding Assistance Program 4
SECTION 4: PROJECT COSTS AND ELEMENTS
Name of Applicant: Town of Prosper
Project Name: Cockrell Park Land Acquisition
Either use this form or create an Excel spreadsheet using this format
Item
No. Description U/M Quantity Unit Cost Total Requested
Amount
Match
Amount
1 Parkland Ac 19 $55,26 $1,050,00 $525,000 $525,000
2
3
4
5
6
7
8
9
10
11
12
Project Total $1,050,00 $525,000 $525,000
Paul Naughton, RLA Prepared By:
Landscape Architect Title:
Town of Prosper
409 E. First Street
Prosper, TX 75078 Address:
(972) 569-1063 Phone Number:
paul_naughton@prospertx.gov E-mail Address:
06/12/14 Date Prepared:
Item 4c
Project Funding Assistance Program 5
SECTION 5: RESOLUTION
The sponsoring entity (governing board) must approve a resolution authorizing the project application
submittal and designation of project official/representative. A copy of the resolution must be included in
this application. Insert photocopy of signed resolution.
SECTION 6: PROJECT NARRATIVE
(No more than 5 pages, single spaced, Arial 11 font)
SECTION 7: LOCATION MAPS, SITE PHOTOS, PROJECT SKETCHES, etc.
SECTION 8: LETTERS OF COMMITMENT
(Provide photocopy)
SECTION 9: EVIDENCE OF NON-PROFIT STATUS
(Photocopy of Current Valid IRS Tax Exemption Certificate if non-governmental agency)
Item 4c
TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
APPLICATION TO THE COLLIN COUNTY PARKS & OPEN SPACE
PROJECT FUNDING ASSISTANCE PROGRAM FOR COCKRELL
PARK LAND ACQUISITION.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1
The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an application to
the Collin County Parks & Open Space Project Funding Assistance Program for Cockrell
Park Land Acquisition, as hereto attached.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THIS THE 13TH DAY OF MAY, 2014.
_________________________
Ray Smith, Mayor
ATTEST:
___________________________
Robyn Battle, Town Secretary
Item 4c
~10 AcresPatinProperty~19 AcresCockrell ParkProposedParkPropertyFutureHike and Bike Trail (8’)Future Pedestrian BridgeProposed Potential PropertyArea within floodplain: 4.3 acresArea within powerline easement (outside of floodplain): 1.8 acresArea not encumbered: 12.9 acresItem 4c
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an agreement between Teague
Nall and Perkins, Inc., and the Town of Prosper, Texas, related to the design of the SH 289 Median
Lighting.
Description of Agenda Item:
This engineering contract is for the design of median lighting on SH 289 (Preston Road) between
US 380 and FM 1461. The project will include conduit, electrical wiring and services, concrete
foundations, and decorative LED street lighting fixtures. The street lighting will be continuous
starting at the ramps to/from US 380 to FM 1461. This project will improve the safety of traffic
traveling on SH 289 and will improve the image of one of the Town's primary transportation
corridors.
Lighting of the US 380 interchange, including the SH 289 overpass, is not included in this project.
Lighting of the US 380 interchange will be a separate cooperative project between the Town of
Prosper, the City of Frisco, and TxDOT following completion of the planned improvements to US
380.
A list of qualified firms to provide professional engineering and related services to the Town of
Prosper was approved by Town Council on March 25, 2014. Teague Nall and Perkins, Inc., was
one of six firms on that list qualified in the area of roadway design, which includes lighting design
as a specialized subcategory.
Budget Impact:
The total cost of this engineering contract is $43,600. The total budget for this project, including
design and construction, is $600,000 per the approved Capital Improvement Plan. The proposed
engineering budget is $50,000 which includes a $6,400 contingency.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Professional Services Agreement
2. Median Lighting Standard
3. Location Map
Prosper is a place where everyone matters.
ENGINEERING
Item 4d
Page 2 of 2
Town Staff Recommendation:
Town staff recommends authorizing the Town Manager to execute an agreement in the amount of
$43,600 between Teague Nall and Perkins, Inc., and the Town of Prosper related to the design of
the SH 289 Median Lighting.
Proposed Motion:
I move to authorize the Town Manager to execute an agreement between Teague Nall and
Perkins, Inc., and the Town of Prosper, Texas, related to the design of the SH 289 Median
Lighting.
Item 4d
Town of Prosper, Texas – Professional Services Agreement Page 1 of 32
AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE NALL
AND PERKINS, INC. FOR ENGINEERING DESIGN SERVICES
THIS AGREEMENT is made and entered on this ___ day of ____________,
20___, by and between the Town of Prosper, Texas, a Home-Rule Municipal
Corporation, hereinafter referred to as the Town, and Teague Nall and Perkins, Inc.
hereinafter referred to as the Consultant, to be effective from and after the date as
provided herein, hereinafter referred to as Agreement.
WHEREAS, the Town desires to engage the services of the Consultant to design
and/or prepare construction documents for Preston Road Illumination design between
US 380 and Frontier Parkway, hereinafter referred to as Project; and
WHEREAS, the Consultant desires to render such professional engineering
services for the Town upon the terms and conditions provided herein.
IN CONSIDERATION of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant – The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with the
Project. The Consultant agrees to perform such services in accordance with the
terms and conditions of this Agreement. The Consultant further agrees that if
any employee of the Consultant, who is performing the day-to-day services under
this Agreement for the Project, is separated, for any reason, from employment
with the Consultant, the Consultant shall notify, in writing, a minimum of five (5)
business days prior to said separation unless circumstances reasonably warrant
a shorter notice period which shall not exceed two (2) business days following
the separation.
1.2 Scope of Services – The parties agree that the Consultant shall perform such
services as are set forth and described in Exhibit A, which is attached hereto and
incorporated herein by reference for all purposes. The parties understand and
agree that deviations or modifications to the scope of services described in
Exhibit A, in the form of written change orders, may be authorized from time to
time by the Town.
1.2.1 Requirement of Written Change Order – Extra work, or claims invoiced
as extra work, or claims which have not been issued as a duly executed,
written change order by the Prosper Town Manager, will not be authorized
for payment and/or shall not become part of the subcontracts. A duly
executed written change order shall be preceded by the Town of Prosper
Item 4d
Town of Prosper, Texas – Professional Services Agreement Page 2 of 32
Town Council’s authorization for the Prosper Town Manager to execute
said change order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER
ISSUED BY THE PROSPER TOWN MANAGER. Project Managers,
Superintendents, and/or Inspectors of the Town are not authorized to
issue verbal or written change orders.
1.3 Schedule of Work – The Consultant agrees to commence work immediately
upon the execution of this Agreement, and to proceed diligently with said work to
completion as described in the Compensation Schedule/Project Billing/Project
Budget attached hereto as Exhibit B and incorporated herein by reference for all
purposes. If notice to proceed is received on or before May 13, 2014, the design
work for the project will be completed no later than July, 4, 2014 which will allow
the project to be let in August, 2014 and completed by end of March, 2015.
ARTICLE 2
THE TOWN’S RESPONSIBILITIES
The Town shall do the following in a timely manner so as not to delay the
services of the Consultant:
2.1 Project Data – The Town shall furnish required information, that it currently has
in its possession, as expeditiously as necessary for the orderly progress of the
work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof. The Town will obtain and provide CAD files from TxDOT
for current roadway and landscaping improvements to Consultant for use in
developing base map for Illumination layout. The roadway files will include
existing utilities.
2.2 Town Project Manager – The Town shall designate, when necessary, a
representative authorized to act on the Town’s behalf with respect to the Project
(the Project Manager). The Town or such authorized representative shall
examine the documents submitted by the Consultant and shall render any
required decisions pertaining thereto as soon as practicable so as to avoid
unreasonable delay in the progress of the Consultant’s services. The Project
Manager is not authorized to issue verbal or written change orders for extra work
or claims invoiced as extra work.
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant’s Services – As described in Article 1,
Consultant’s Services, compensation for BASIC SERVICES (including expenses)
in this Project shall be on a Fixed Fee Basis, for an amount not to exceed Forty-
Item 4d
Town of Prosper, Texas – Professional Services Agreement Page 3 of 32
three Thousand Six Hundred Dollars and 00/100 Dollars ($43,600.00), and shall
be paid in accordance with Article 3 and the Compensation Schedule / Project
Billing / Project Budget as set forth in Exhibit B.
3.1.1 Completion of Record Documents – The Town and the Consultant
agree that the completion of the Record Documents and/or As-Built
Documents, including hard copy formatting and electronic formatting, shall
be completed, submitted to, and accepted by the Town prior to payment of
the final five percent (5%) of the Consultant’s Fee, or Two Thousand One
Hundred Eighty and 00/100 Dollars ($2,180.00). The electronic formatting
shall be consistent with the standards established in Exhibit C, Town of
Prosper Guidelines for Computer Aided Design and Drafting (CADD).
Completion of the Record Documents and/or As-Built documents shall be
included in the Consultant’s Fee and considered to be within the Scope of
Services defined under this Agreement.
3.2 Direct Expenses – Direct Expenses are included in the Consultant’s Fee as
described in Article 3.1 and include reasonable and necessary expenditures
made by the Consultant and the Consultant’s employees and subcontractors in
the interest of the Project. All submitted Direct Expenses are to be within the
amounts as stated in the Compensation Schedule / Project Billing / Project
Budget set forth in Exhibit B, and consistent with Exhibit D, Town of Prosper
Guidelines for Direct Expenses; General and Administrative Markup; Travel and
Subsistence Expenses. The Consultant shall be solely responsible for the
auditing and accuracy of all Direct Expenses, including those of its
subcontractors, prior to submitting to the Town for reimbursement, and shall be
responsible for the accuracy thereof. Any over-payment by the Town for errors in
submittals for reimbursement may be deducted from the Consultant’s
subsequent payment for services; provided, however this shall not be the Town’s
sole and exclusive remedy for said over-payment.
3.3 Additional Services – The Consultant shall provide the services as described in
the Scope of Services as set forth in Exhibit A of this Agreement. If authorized in
writing by the Town, the Consultant shall provide additional services, to be
compensated on an hourly basis in accordance with this paragraph (Additional
Services). These services may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope of
Services described in Exhibit A.
3.3.2 Additional drafts and revisions to the Project which are not provided for or
contemplated in the Scope of Services as described in Exhibit A.
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3.3.3 Additional copies of final reports and construction plans which are not
provided for or contemplated in the Scope of Services as described in
Exhibit A.
3.3.4 Photography, professional massing models which are not provided for or
contemplated in the Scope of Services as described in Exhibit A.
3.3.5 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on direct billable labor
rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on an hourly basis
according to the rates set forth in ATTACHMENT ‘A’.
3.4 Invoices – No payment to the Consultant shall be made until the Consultant
tenders an invoice to the Town. The Consultant shall submit monthly invoices for
services rendered by Task, based upon the actual percentage of work complete
at the time the invoice is prepared. On all submitted invoices for services
rendered and work completed on a monthly basis, the Consultant shall include a
breakdown of appropriate documentation to support the submitted charges on
said invoice.
3.5 Timing of Payment – The Town shall make payment to the Consultant for said
invoices within thirty (30) days following receipt and acceptance thereof. The
parties agree that payment by the Town to the Consultant is considered to be
complete upon mailing of payment by the Town. Furthermore, the parties agree
that the payment is considered to be mailed on the date that the payment is
postmarked.
3.6 Disputed Payment Procedures – In the event of a disputed or contested billing
by the Town, only that portion so contested may be withheld from payment, and
the undisputed portion will be paid. The Town shall notify the Consultant of a
disputed invoice, or portion of an invoice, in writing by the twenty-first (21st)
calendar day after the date the Town receives the invoice. The Town shall
provide the Consultant an opportunity to cure the basis of the dispute. If a
dispute is resolved in favor of the Consultant, the Town shall proceed to process
said invoice, or the disputed portion of the invoice, within the provisions of Article
3.5. If a dispute is resolved in favor of the Town, the Consultant shall submit to
the Town a corrected invoice, reflecting any and all payment(s) of the undisputed
amounts, documenting the credited amounts, and identifying outstanding
amounts on said invoice to aid the Town in processing payment for the remaining
balance. Such revised invoice shall have a new invoice number, clearly
referencing the previous submitted invoice. The Town agrees to exercise
reasonableness in contesting any billing or portion thereof that has background
materials supporting the submitted charges.
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3.7 Failure to Pay – Failure of the Town to pay an invoice, for a reason other than
upon written notification as stated in the provisions of Article 3.6 to the
Consultant within sixty (60) days from the date of the invoice shall grant the
Consultant the right, in addition to any and all other rights provided, to, upon
written notice to the Town, suspend performance under this Agreement, and
such act or acts shall not be deemed a breach of this Agreement; however, the
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to the
Town, in accordance with Chapter 2251, Subchapter D (Remedy for
Nonpayment) of the Texas Government Code. The Town shall not be required to
pay any invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.8 Adjusted Compensation – If the Scope of the Project or if the Consultant’s
services are materially changed due to no error on behalf of the Consultant in the
performance of services under this Agreement, the amounts of the Consultant’s
compensation shall be equitably adjusted as approved by the Town. Any
additional amounts paid to the Consultant as a result of any material change to
the Scope of the Project shall be authorized by written change order duly
executed by both parties before the services are performed.
3.9 Project Suspension – If the Project is suspended or abandoned in whole or in
part for more than three (3) months, the Consultant shall be entitled to
compensation for any and all work completed to the satisfaction of the Town in
accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment, the Consultant
shall deliver to the Town all finished or unfinished documents, data, studies,
drawings, maps, models, reports, photographs, and/or any other items prepared
by the Consultant in connection with this Agreement prior to the Consultant
receiving final payment. If the Project is resumed after being suspended for
more than three (3) months, the Consultant’s compensation shall be equitably
adjusted as approved by the Town. Any additional amounts paid to the
Consultant after the Project is resumed shall be agreed upon in writing by both
parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the Town – The Project is the property of the Town,
and the Consultant may not use the documents, plans, data, studies, surveys,
drawings, maps, models, reports, photographs, and/or any materials for any
other purpose not relating to the Project without the Town’s prior written consent.
The Town shall be furnished with such reproductions of the Project, plans, data,
documents, maps, and any other information as defined in Exhibit A. Upon
completion of the work, or any earlier termination of this Agreement under Article
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Town of Prosper, Texas – Professional Services Agreement Page 6 of 32
3 and/or Article 8, the Consultant will revise plans, data, documents, maps, and
any other information as defined in Exhibit A to reflect changes while working on
the Project through the date of completion of the work, as solely determined by
the Town, or the effective date of any earlier termination of this Agreement under
Article 3 and/or Article 8, and promptly furnish the same to the Town in an
acceptable electronic format. All such reproductions shall be the property of the
Town who may use them without the Consultant’s permission for any purpose
relating to the Project, including, but not limited to, completion of the Project,
and/or additions, alterations, modifications, and/or revisions to the Project. Any
reuse of the documents not relating to the Project shall be at the Town’s own
risk.
4.2 Documents Subject to Laws Regarding Public Disclosure – The Consultant
acknowledges that the Town is a governmental entity and that all documents,
plans, data, studies, surveys, drawings, maps, models, reports, photographs,
and/or any items prepared or furnished by the Consultant (and the Consultant’s
professional associates and/or Sub-consultants) under this Agreement are
instruments of service in respect of the Project and property of the Town and
upon completion of the Project may be subject to release under the Texas Public
Information Act (Texas Government Code, Chapter 552) and/or any other
applicable laws requiring public disclosure of the information contained in said
documents.
ARTICLE 5
CONSULTANT’S INSURANCE REQUIREMENTS
5.1 Required General Liability Insurance – Consistent with the terms and
provisions of Exhibit E, Town of Prosper Contractor Insurance Guidelines, the
Consultant shall maintain, at no expense to the Town, a general liability
insurance policy with a company that maintains a minimum rating of “A” by A.M.
Best’s Key Rating Guide, or other equivalent rating service(s), authorized to
transact business in the State of Texas, in an amount not less than One Million
and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and
00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the
Town, its officers, agents, representatives, and employees as additional insured
as to all applicable coverage. Such policy shall provide for a waiver of
subrogation against the Town for injuries, including death, property damage, or
any other loss to the extent that same is covered by the proceeds of the
insurance. Such policy shall require the provision of written notice to the Town at
least thirty (30) days prior to cancellation, non-renewal, or material modification
of any policies, evidenced by return receipt or United States Certified Mail. The
Consultant shall furnish the Town with certificates evidencing such coverage
prior to commencing work on the Project.
5.2 Required Professional Liability Insurance – Consistent with the terms and
provisions of Exhibit E, Town of Prosper Contractor Insurance Guidelines, the
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Consultant shall maintain, at no expense to the Town, a professional liability
(errors and omissions) insurance policy with a company that maintains a
minimum rating of “A” by A.M. Best’s Key Rating Guide, or other equivalent rating
service(s), authorized to transact business in the State of Texas, in an amount
not less than One Million and 00/100 Dollars ($1,000,000.00) for each claim, and
Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy
shall require the provision of written notice to the Town at least thirty (30) days
prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail. The Consultant shall
furnish the Town with certificates evidencing such coverage prior to commencing
work on the Project.
5.3 Required Workers Compensation Insurance – Consistent with the terms and
provisions of Exhibit E, Town of Prosper Contractor Insurance Guidelines, the
Consultant shall maintain, at no expense to the Town, all Statutory Workers
Compensation Insurance as required by the laws of the State of Texas. Such
insurance policy shall be with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent service(s), and authorized
to transact business in the State of Texas. Such policy shall require the provision
of written notice to the Town at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. The Consultant shall furnish the Town with
certificates evidencing such coverage prior to commencing work on the Project.
5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage
– If Project size and scope warrant, and if identified on the checklist located in
Exhibit E, Town of Prosper Contractor Insurance Guidelines, the Consultant shall
maintain, at no expense to the Town, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Such policy shall require the provision of written
notice to the Town at least thirty (30) days prior to cancellation, non-renewal, or
material modification of any policies, evidenced by return receipt or United States
Certified Mail. The Consultant shall furnish the Town with certificates evidencing
such coverage prior to commencing work on the Project.
ARTICLE 6
CONSULTANT’S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted accounting
principles. Invoices will be sent to the Town as indicated in Article 3.4. Copies of
employee time sheets, receipts for direct expense items and other records of Project
expenses will be available for City review if requested.
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ARTICLE 7
AUDITS AND RECORDS / PROHIBITED INTEREST / VENDOR DISCLOSURE
The Consultant agrees that at any time during normal business hours and as often as
the Town may deem necessary, the Consultant shall make available to representatives
of the Town for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the Town to audit, examine, copy
and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, and for a period of four (4) years
from the date of final settlement of this Agreement or for such other or longer period, if
any, as may be required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of the Town
Charter, which is repeated on the Affidavit, attached hereto as Exhibit F and
incorporated herein for all purposes, and will abide by the same. Further, a lawful
representative of the Consultant shall execute the Affidavit attached hereto as Exhibit F.
The Consultant understands and agrees that the existence of a prohibited interest
during the term of this Agreement will render the Agreement voidable.
The Consultant agrees that it is further aware of the vendor disclosure requirements set
forth in Chapter 176, Local Government Code, as amended, and will abide by the same.
In this connection, a lawful representative of the Consultant shall execute the Conflict of
Interest Questionnaire, Form CIQ, attached hereto as Exhibit G and incorporated herein
for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT / REMEDIES
The Town may, upon thirty (30) days’ written notice to the Consultant, terminate this
Agreement, for any reason or no reason at all, before the termination date hereof, and
without prejudice to any other remedy it may have. If the Town terminates this
Agreement due to a default of and/or breach by the Consultant and the expense of
finishing the Project exceeds the Consultant’s Fee at the time of termination, the
Consultant waives its right to any portion of Consultant’s Fee as set forth in Article 3
herein and agrees to pay any costs over and above the fee which the Town is required
to pay in order to finish the Project. On any default and/or breach by the Consultant, the
Town may elect not to terminate the Agreement, and in such event it may make good
the deficiency in which the default consists, and deduct the costs from the Consultant’s
Fee due the Consultant as set forth in Article 3 herein. If the Town terminates this
Agreement and the Consultant is not in default of the Agreement, the Consultant shall
be entitled to compensation for any and all work completed to the satisfaction of the
Town in accordance with the provisions of this Agreement prior to termination.
In the event of any termination, the Consultant shall deliver to the Town all finished
and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports,
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photographs and/or any items prepared by the Consultant in connection with this
Agreement prior to the Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
ARTICLE 9
DISPUTE RESOLUTION / MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 10
INDEMNITY
THE CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE ALL
CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS THE TOWN AND ALL OF
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, IN BOTH
THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY,
CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON OF
DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF
PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR
OMISSION OF THE CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT
OR ERROR OF THE CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS,
EMPLOYEES AND INVITEES, OR OTHER PERSONS FOR WHOM THE
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF
THIS AGREEMENT, AND THE CONSULTANT WILL, AT ITS OWN COST AND
EXPENSE, DEFEND AND PROTECT THE TOWN AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS.
THE CONSULTANT’S OBLIGATIONS TO THE TOWN UNDER THIS PROVISION
SHALL BE LIMITED TO THE APPLICABLE INSURANCE COVERAGE(S) THE
CONSULTANT IS REQUIRED TO PROVIDE IN ACCORDANCE WITH THE TERMS
AND PROVISIONS OF THIS AGREEMENT PLUS ANY DEDUCTIBLE AMOUNT(S)
TO BE PAID BY THE CONSULTANT IN CONJUNCTION WITH SAID COVERAGE(S)
FOR EACH OCCURRENCE GIVING RISE TO ANY SUCH LIABILITY, CLAIMS,
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SUITS, DEMANDS OR CAUSES OF ACTION. IF, HOWEVER, THE CONSULTANT
FAILS TO PURCHASE AND/OR MAINTAIN ONE OR MORE TYPES OF INSURANCE
COVERAGE IN THE AMOUNT(S) REQUIRED BY THIS AGREEMENT, THE
CONSULTANT’S OBLIGATIONS TO THE TOWN UNDER THIS PROVISION SHALL
IN NO WAY BE LIMITED.
ARTICLE 11
NOTICES
The Consultant agrees that all notices or communications to the Town permitted or
required under this Agreement shall be delivered to the Town at the following
addresses:
Harlan Jefferson
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
The Town agrees that all notices or communication to the Consultant permitted or
required under this Agreement shall be delivered to the Consultant at the following
addresses:
Chris L. Schmitt, P.E.
Principal
17304 Preston Road Suite 1340
Dallas, Texas 75252
Any notice provided in writing under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to the
other party in accordance with the provisions of this Agreement.
ARTICLE 12
MISCELLANEOUS
12.1 Complete Agreement – This Agreement, including the exhibits hereto labeled A
through G, all of which are incorporated herein for all purposes, constitute the
entire Agreement by and between the parties regarding the subject matter hereof
and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
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Town of Prosper, Texas – Professional Services Agreement Page 11 of 32
modified except by written agreement duly executed by both parties. The
following exhibits are attached below and made a part of this Agreement:
12.1.1 Exhibit A, Scope of Services.
12.1.2 Exhibit B, Compensation Schedule / Project Billing / Project Budget.
12.1.3 Exhibit C, Town of Prosper Guidelines for Computer Aided Design and
Drafting (CADD).
12.1.4 Exhibit D, Town of Prosper Guidelines for Direct Expenses; General and
Administrative Markup; Travel and Subsistence Expenses.
12.1.5 Exhibit E, Town of Prosper Contractor Insurance Guidelines.
12.1.7 Exhibit F, Affidavit.
12.1.8 Exhibit G, Conflict of Interest Questionnaire, Form CIQ.
12.2 Assignment and Subletting – The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town. The Consultant further agrees that
the assignment or subletting of any portion or feature of the work or materials
required in the performance of this Agreement shall not relieve the Consultant of
its full obligations to the Town as provided by this Agreement. All such approved
work performed by assignment or subletting shall be billed through the
Consultant, and there shall be no third party billing.
12.3 Successors and Assigns – The Town and the Consultant, and their partners,
assigns, successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
12.4 Severability – In the event of a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
12.5 Venue – This entire Agreement is performable in Collin County, Texas, and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
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Town of Prosper, Texas – Professional Services Agreement Page 12 of 32
12.6 Execution / Consideration – This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
12.7 Authority – The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
12.8 Waiver – Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party’s right thereafter to enforce and
compel strict compliance.
12.9 Headings – The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
12.10 Multiple Counterparts – This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
12.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
12.12 Additional Representations – Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
12.14 No Third Party Beneficiaries - Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
parties do not intend to create any third party beneficiaries by entering into this
Agreement.
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12.15 Indemnity – The parties agree that the Indemnity provision set forth in Article 10
herein is conspicuous and the parties have read and understood the same.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
TOWN CONSULTANT
Town of Prosper, Texas Teague Nall and Perkins, Inc.
By: _____________________________ By: ____________________________
Harlan Jefferson Chris L. Schmitt, P.E.
Title: Town Manager Title: Principal
STATE OF TEXAS )
)
COUNTY OF COLLIN )
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED HARLAN
JEFFERSON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME
THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION
EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 20___.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
STATE OF TEXAS )
)
COUNTY OF _______________ )
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_____________________________________, KNOWN TO ME TO BE THE PERSON
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Town of Prosper, Texas – Professional Services Agreement Page 14 of 32
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE
AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 20___.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
Item 4d
EXHIBIT A – SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 15 of 32
Agreement by and between the Town of Prosper, Texas
and Teague Nall and Perkins, Inc.
to Perform Illumination Design for Preston Road,
Between US 380 and Frontier Parkway
I. PROJECT DESCRIPTION.
A. The project will consist of designing LED illumination for the new Preston Road
(SH 289) between US 380 and Frontier Parkway. The project will include preparing Bid
Specifications and Construction Documents, providing Construction Administration
Support, and Completion of Record Documents.
II. TASK SUMMARY, BASIC SERVICES.
A. Task One - Project Investigation and Preliminary Design
CONSULTANT will review TxDOT Roadway and Landscaping Plans and visit site to
become familiar with physical features and special considerations. Selected illumination
equipment specifications, photometrics, and proposed pole configuration will be
reviewed and used as basis for determining illumination placements. CONSULTANT
will identify ideal service points and required service for Town to use in establishing
service points with electrical service providers. Preliminary design will provide layout of
proposed luminaire pole assemblies.
B. Task Two – Final Design
CONSULTANT will develop voltage drop calculations and circuits in determining wire
size and service requirements. Conduit, wiring, and service points will be laid out to
energize illumination assemblies. Quantities will be calculated according to pay item
requirements. Details will be prepared as needed to support installations. Final Plans
will be assembled, sealed, and signed for Contractor use in bidding and building the
project. Completed plans will be submitted for Town and/or TxDOT review. Needed
changes will be addressed and plans revised.
C. Task Three – Bid Specifications and Construction Documents
CONSULTANT will review specifications and construction documents, supplement as
needed, and assemble formal Construction Documents and Specification Booklet for
Contractor’s use in bidding and building the project. Completed documents will be
submitted for Town and/or TxDOT review. Needed changes will be addressed and
documents revised.
D. Task Four - Quantities and Opinion of Probable Cost and Participation in
Pre-bid Meeting with Potential Bidders.
CONSULTANT will develop opinion of probable cost on the basis of final plans and
documents. CONSULTANT will participate in pre-bid meeting and respond to
contractor questions as prescribed in the Notice to Bidders.
Item 4d
EXHIBIT A – SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 16 of 32
E. Task Five - Construction Administration
CONSULTANT will attend bid opening, tabulate bids, and recommend award.
CONSULTANT will attend pre-construction meeting, review shop drawings and provide
written response to Contractor, provide written responses to Contractor questions
regarding design intent or construction issues, accompany Town inspector on final
inspection and develop final punch list.
F. Task Six – Completion of Record Drawings
CONSULTANT will prepare documentation of construction changes as record drawings
based on red-lined plans assembled by the Contractor and Inspector.
III. TASK SUMMARY, SPECIAL SERVICES.
G. Disputes between the Town and Construction Contractor – If the Project
involves the Consultant performing Construction Administration Services relating to an
agreement between a Construction Contractor (the Contractor) and the Town, and upon
receipt of a written request by the Town, the Consultant shall research previous and
existing conditions of the Project, and make a determination whether or not to certify
that sufficient cause exists for the Town to declare the Contractor in default of the terms
and conditions of the agreement. The Consultant shall submit his findings in writing to
the Town, or submit a written request for a specific extension of time (including the
basis for such extension), within fifteen (15) calendar days of receipt of the written
request from the Town. The Town and the Consultant agree that if requested by the
Town, completion of this task shall be included in the Consultant’s Fee and considered
to be within the Scope of Services as defined under this Agreement.
H. Consultation and Approval by Governmental Authorities and Franchised
Utilities – The Consultant shall be responsible for identifying and analyzing the
requirements of governmental agencies and all franchise utilities involved with the
Project, and to participate in consultation with said agencies in order to obtain all
necessary approvals and/or permissions. The Consultant shall be responsible for
preparation and timely submittal of documents required for review, approval, and/or
recording by such agencies. The Consultant shall be responsible for making such
changes in the Construction Documents as may be required by existing written
standards promulgated by such agencies at no additional charge to the Town.
IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES.
A. Additional Services not included in the existing Scope of Services – The
Town and the Consultant agree that the following services are beyond the Scope of
Services described in the tasks above; however, the Consultant can provide these
services, if needed, upon the Town’s written request. Any additional amounts paid to
the Consultant as a result of any material change to the Scope of the Project shall be
Item 4d
EXHIBIT A – SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 17 of 32
agreed upon in writing by both parties before the services are performed. These
Additional Services include the following:
1. Surveying Services – for design and construction staking
2. Design of Safety Lighting for Cross Streets or Parking Facilities
3. Construction Inspection.
4. Retrofit Design for Contractor Changes
5. Subsurface Utility Engineering Services
V. DELIVERABLES.
A. Required Deliverables – At the completion of Tasks 1 through 5, the Consultant
shall ensure the delivery of the following products to the Town:
1. Deliverable #1 – Preliminary layout of illumination pole locations with utilities
and landscaping shown for review with Town at completion of Task 1
2. Deliverable #2 – 100% Plans for review by Town at completion of Task 2
3. Deliverable #3 – Bid Specifications and Construction Documents with
Consultant’s final quantities and opinion of probable cost at the completion of
Task 4
4. Deliverable #4 – Final Plans and Letting Documents for use in letting project
(Task 5)
5. Deliverable #5 – Bid tabulation and recommendation for award (Task 5)
6. Deliverable #6 - Written responses to Contractor questions regarding design
intent or construction issues (Task 5)
7. Deliverable #7 - Final inspection punch list (Task 5)
8. Deliverable #8 – Record Drawings (Task 6)
Item 4d
EXHIBIT A – SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 18 of 32
VI. PROJECT LABOR ALLOCATION – BASIC SERVICES.
Basic
Task
Subtask Labor
Hours
TASK 1 Review Roadway and Landscaping Plans and visit site. 12
Review proposed Illumination specifications, photometrics, and
pole configuration.
20
Coordinate with Town electrical providers. 8
Layout pole and service locations. 24
TASK 2 Develop voltage drop calculations and circuits. 10
Determine/layout wiring, service, and conduit requirements. 16
Tabulate quantities. 8
Identify/develop Standards and Details. 28
TASK 2 QA/QC plans and make changes 32
TASK 3 Assemble/develop Specifications/Construction Documents. 24
TASK 3 QA/QC bid documents and make changes 16
TASK 4 Develop opinion of probable cost and participate in pre-bid
meeting.
10
TASK 5 Tabulate bids and recommend award. 6
Prepare/submit Utility Installation Review request to TxDOT. 12
Attend Pre-construction meeting. 4
Review shop drawings and respond. 12
Respond to Contractor questions regarding design intent or
construction issues.
12
Develop final punch list. 10
TASK 6 Document construction changes as record drawings. 16
GRAND
TOTAL
280
Item 4d
EXHIBIT A – SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 19 of 32
VII. ATTACHMENTS (IF APPLICABLE).
ATTACHMENT ‘A’
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Time and Expense Contracts
Effective January 1, 2014 to December 31, 2014*
Engineering /Landscape Architecture/ROW From - To
Principal $190 - $240 Per Hour
Team Leader $155 - $220 Per Hour
Senior Project Manager $160 - $225 Per Hour
Project Manager $110 - $175 Per Hour
Senior Engineer $180 - $225 Per Hour
Project Engineer $95 - $160 Per Hour
Engineer III/IV $105 - $125 Per Hour
Engineer I/II $ 85 - $105 Per Hour
Landscape Architect / Planner $110 - $190 Per Hour
Landscape Designer $70 - $100 Per Hour
Senior Designer $105 - $130 Per Hour
Designer $100 - $120 Per Hour
Senior CAD Technician $85 - $110 Per Hour
CAD Technician $60 - $100 Per Hour
IT Consultant $95 - $155 Per Hour
Environmental Planner $80 - $100 Per Hour
Clerical $50 - $80 Per Hour
Resident Project Representative $75 - $120 Per Hour
ROW Manager $95 - $130 Per Hour
Senior ROW Agent $90 - $125 Per Hour
ROW Agent $75 - $100 Per Hour
Senior Utility Coordinator $85 - $115 Per Hour
Utility Coordinator $70 - $95 Per Hour
Intern $40 - $60 Per Hour
Surveying
Survey Manager $150 - $200 Per Hour
Registered Professional Land Surveyor (RPLS) $130 - $160 Per Hour
Field Coordinator $90 - $110 Per Hour
S.I.T. or Senior Survey Technician $65 - $110 Per Hour
Survey Technician $65 - $100 Per Hour
1-Person Field Crew w/Equipment** $120 Per Hour
2-Person Field Crew w/Equipment** $145 Per Hour
3-Person Field Crew w/Equipment** $165 Per Hour
4-Person Field Crew w/Equipment** $190 Per Hour
Flagger $40 Per Hour
Abstractor (Property Deed Research) $85 Per Hour
Subsurface Utility Engineering (SUE) Hourly Rate
SUE Project Manager $185
SUE Engineer $160
Sr. Utility Location Specialist $ 95
Utility Location Specialist $ 75
1-Person Designator Crew w/Equipment $115
2-Person Designator Crew w/Equipment $135
2-Person Vacuum Excavator Crew w/Equipment $220 (Travel & Stand-by)
SUE QL-A Test Hole (0 < 4 ft)*** $900 per hole
SUE QL-A Test Hole (>4 < 6 ft)*** $1,100 per hole
SUE QL-A Test Hole (>6 < 8 ft)*** $1,310 per hole
SUE QL-A Test Hole (>8 < 10ft)*** $1,530 per hole
SUE QL-A Test Hole (>10 < 12ft)*** $1,770 per hole
SUE QL-A Test Hole (>12 < 14ft)*** $2,000 per hole
All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier
of 1.10.
* Rates shown are for calendar year 2014 and are subject to change in subsequent years.
** Equipment may include Truck, ATV, Robotic Total Station, GPS Units and Digital Level.
*** Pricing includes 2-Person crew, designating for excavation, vehicle costs, and field supplies.
Item 4d
EXHIBIT A – SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 20 of 32
ATTACHMENT ‘A’
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Time and Expense Contracts
Reimbursed Direct Cost Items
Effective January 1, 2014 to December 31, 2014*
Direct Cost Reimbursables
Photocopies: $0.154/sf letter, legal and 11” x 17” size bond paper, B&W
$0.7701/sf letter, legal and 11” x 17” bond paper, color
Prints: $0.154/sf letter, legal and 11” x 17” bond paper, B&W & color
Plots: $0.154/sf 11” x 17” size bond paper, B&W & color
$0.50/sf 22” x 34” and larger bond paper or vellum, B&W &
color
$1.00/sf 22” x 34” and larger mylar or acetate, B&W
Mileage $0.56/mile
Plans on CD $20/each
Item 4d
EXHIBIT B
COMPENSATION SCHEDULE /PROJECT BILLING /PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 21 of 32
Agreement by and between the Town of Prosper
and Teague Nall and Perkins, Inc.
to perform Illumination Design for Preston Road, Between US 380 and
I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY.
MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED
May 13, 2014 --- Town executes Agreement and
Issues Notice to Proceed to
Consultant.
May 19, 2014 -- Consultant’s receipt of fully
executed Agreement.
May 27, 2014 $ 10,240.00 Task One, Project
Investigation and Preliminary
Design (Task Completed and all
task-related deliverables
completed as stated in Exhibit A
and accepted by the Town).
June 13, 2014 $ 15,040.00 Task Two, Final Design (Task
Completed and all task-related
deliverables completed as
stated in Exhibit A and accepted
by the Town).
June27, 2014 $ 6,400.00 Task Three, Bid Specifications
and Construction Documents
(Task Completed and all task-
related deliverables completed
as stated in Exhibit A and
accepted by the Town).
-- $ 1,400.00
Task Four, Quantities and
Opinion of Probable Cost.
-- $ 8,360.00
Task Five, Construction
Administration.
-- $ 2,160.00
Task Six, Completion of
Record Drawings
TOTAL CONSULTANT’S
FEE (NOT-TO-EXCEED)
$ 43,600.00 (Includes Expenses)
Item 4d
EXHIBIT B
COMPENSATION SCHEDULE /PROJECT BILLING /PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 22 of 32
II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Project Investigation and Preliminary Design $ 10,240.00
b. Final Design $ 15,040.00
c. Bid Specifications & Construction Documents $ 6,400.00
d. Quantities and Opinion of Probable Cost $ 1,400.00
e. Construction Administration $ 8,360.00
f. Completion of Record Documents $ 2,160.00
2. Total Basic Services with expenses included
(Not-To-Exceed) $ 43,600.00
B. Special Services.
1. Description of Special Services.
a. Disputes between the Town and Construction
Contractor
b. Consultation and Approval by Governmental
Authorities and Franchised Utilities
2. Total Special Services (Hourly Not-To-Exceed,
If Authorized) $ 3,200.00
C. Anticipated Direct Expenses.
c. Description of Direct Expenses. (Add items applicable to this Contract).
a. Mileage Reimbursement. $ 1,000.00
b. Commercial Reproduction. $ 100.00
c. In-House Reproduction. $ 200.00
d. In-House Plotting. $ 600.00
Item 4d
EXHIBIT B
COMPENSATION SCHEDULE /PROJECT BILLING /PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 23 of 32
e. Postage, Mail, and Delivery Service. $ 100.00
d. Total Direct Expenses (Included in BASIC SERVICES above) $2,000.00
I. General and/or Administrative Markup. (If this Section is Applicable to
Contract)
a. Description of Markup. $ 0,000.00
b. Total Approved Markup (Not-To-Exceed) $ 0,000.00
J. Travel and/or Subsistence Expenses. (If this Section is Applicable to Contract)
1. Description of Travel Expenses. $ 00,000.00
2. Description of Subsistence Expenses. $ 00,000.00
3. Total Approved Travel and Subsistence Expenses $ 00,000.00
(Not-To-Exceed)
F. Project Budget, Grand Total For BASIC SERVICES
(Not-To-Exceed) $ 43,600.00
Item 4d
EXHIBIT C
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
1. Files shall be submitted in DWG/DXF format.
2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202
(feet) coordinate system, using a datum of NAD 83.
3. If a surface adjustment factor is applied to the data, any surface adjustment
factors used should be clearly documented on the drawing.
4. If submissions for the Project relate to a plat, the file submitted must match
exactly the plat that is submitted for recording.
5. The file shall contain required features for the project type as detailed below:
a. Pre-Construction/As-Built Plans and/or Record Documents:
i. Layers from Final Plat Requirements as Applicable to Project Type.
ii. Water Utility Features.
iii. Sanitary Sewer Features.
iv. Storm Sewer Features.
6. Each required feature group should be provided as a separate layer within the
file.
7. Layer names should be representative of the information contained in the layer.
8. Line work should be continuous (e.g. no dashed lines in required layers) and
complete (connecting lines should meet at corners) within the subdivision/project.
Layers outside of project/subdivision boundary may be dashed in CAD data as
required for Final Plats by Prosper’s Subdivision Ordinance.
Item 4d
EXHIBIT D
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
I. CONSULTANT’S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expenses, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those of
its subcontractors, prior to submitting to the Town for reimbursement, and the
Consultant shall be responsible for the accuracy thereof. Any over-payment by the
Town for errors in submittals for reimbursement may be deducted from the
Consultant’s subsequent payment(s) for services; however, this shall not be the
Town’s sole and exclusive remedy for said over-payment.
II. GUIDELINES FOR DIRECT EXPENSES.
A. Local Transportation – Transportation in connection with the Project, when
such transportation is not a function of routine performance of the duties of the
Consultant in connection with the Project, and when such transportation exceeds
beyond fifty (50) miles from the Project site, shall be reimbursed at a standard
mileage rate consistent with that as issued, and periodically revised, by the
United States Internal Revenue Service (IRS). Under no circumstances shall the
Town reimburse the Consultant at a higher standard mileage rate or pay
additional markup on charges for local transportation. Completion of the Town’s
Standard Mileage Log is required for submittal of these charges for
reimbursement, including justification for each submitted expense.
Under no circumstances are charges associated with rental cars for local
transportation eligible for reimbursement by the Town. Toll road subscriptions or
toll plaza receipts are not reimbursable. The Consultant agrees to place these
standards in all subcontracts for work on the Project.
B. Supplies, Material, Equipment – The Town shall reimburse the actual cost of
other similar direct Project-related expenses, which are duly presented in
advance and approved by the Town’s Project Manager in writing.
C. Commercial Reproduction – The Town shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
the Town at each phase of progress, and final Construction Documents prepared
for distribution at bidding phase, provided that the Consultant has duly obtained
at least three (3) quotations from commercial firms and has chosen the best
value for the Town. The Consultant shall provide such documentation to the
Town for review prior to submitting these expenses for reimbursement. The
Consultant agrees to place these standards in all subcontracts for work on the
Project.
D. In-House Reproduction – The Consultant shall make arrangements with the
Town for prior approval of in-house reproduction rates prior to submitting these
expenses for reimbursement. The Town shall provide the Consultant with a
standard format for documenting these charges. Completion of the Town’s
Item 4d
EXHIBIT D
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 26 of 32
reproduction log is required as a prerequisite for payment, including the number
or reproductions, the date, time, description, the approved standard rate, and a
justification for each submitted expense for reimbursement. The Consultant
agrees to place these standards in all subcontracts for work on the Project.
E. Commercial Plotting – The Town shall reimburse the actual cost of plots,
specifically limited to final documents, provided the Consultant has duly obtained
at least three (3) quotations from commercial firms and has chosen the best
value for the Town. The Consultant shall provide such documentation to the
Town for review prior to submitting these expenses for reimbursement. The
Consultant agrees to place these standards in all subcontracts for work on the
Project.
F. In-House Plotting – The Consultant shall make arrangements with the Town for
prior written approval of in-house plotting rates prior to submitting these charges
for reimbursement. The Town shall provide the Consultant with a standard
format for documenting these charges. Completion of the Town’s reproduction
log is required as a prerequisite for payment, including the number of plots, the
date, time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications – Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service – The Town shall reimburse the actual
cost of postage and delivery of Instruments of Service, provided the Consultant
duly considers all circumstances (including available time for assured delivery) of
the required delivery and selects the best value for the Town, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant’s employees. The
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges – Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
Town’s currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
Item 4d
EXHIBIT D
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 27 of 32
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
A. Requirement of Prior Approval – The Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if the Consultant can
clearly define to the Town specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, the Consultant must
also document to the Town what costs would be considered direct costs. The
Town shall issue approval in writing to allow the Consultant to charge General
and/or Administrative Markup. The Town reserves the right to reject any and all
requests for General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
A. Requirement of Prior Approval – The Town shall reimburse the actual cost of
travel and/or subsistence expenses upon prior written approval by the Town’s
Project Manager.
B. Adherence to Currently Adopted Town Travel Policy – Reimbursements shall
be governed by the same travel policies provided for the Town employees
according to current adopted policy. Prior to the event, the Consultant shall
request, and the Town’s Project Manager shall provide the provisions and the
restrictions that apply to out-of-town reimbursements.
Item 4d
EXHIBIT E
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 28 of 32
I. REQUIREMENT OF GENERAL LIABILITY INSURANCE –
A. Such policy shall name the Town, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
B. Such policy shall require the provision of written notice to the Town at least thirty
(30) days prior to cancellation, non-renewal, or material modification of any
policies, evidenced by return receipt or United States Certified Mail.
C. Such policy shall provide for a waiver of subrogation against the Town for
injuries, including death, property damage, or any other loss to the extent the
same is covered by the proceeds of the insurance.
II. INSURANCE COMPANY QUALIFICATION – All insurance companies providing
the required insurance shall be authorized to transact business in the State of
Texas, and shall have a minimum rating of “A” by A.M. Best’s Key Rating Guide, or
other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE – A Certificate of Insurance evidencing the
required insurance shall be submitted with the contractor’s bid or response to
proposal. If the contract is renewed or extended by the Town a Certificate of
Insurance shall also be provided to the Town prior to the date the contract is
renewed or extended.
Item 4d
EXHIBIT E
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 29 of 32
IV. INSURANCE CHECKLIST – X means that the following coverage is required for this
Agreement.
Coverage Required Limits
_X_ 1. Worker’s Compensation &
Employer’s Liability
Statutory Limits of the State of
Texas
_X_ 2. General Liability Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
___
3. XCU Coverage Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
_X_
4. Professional Liability Minimum $ 1,000,000.00 each
claim;
Minimum $ 2,000,000.00 in the
aggregate.
___
5. Umbrella Coverage or
Excess Liability Coverage
An amount of $ 2,000,000.00.
_X_ 6. Town named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the Town may possess.
_X_
7. General Liability Insurance provides for a Waiver of Subrogation against
the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance.
_X_ 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words endeavor to and but failure (to end of sentence) are
to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
_X_ 9. Insurance company has a minimum rating of A by A.M. Best’s Key Rating
Guide, or other equivalent rating service(s).
_X_ 10. The Certificate of Insurance must state the project title and bid number.
___ 11. Other Insurance Requirements (State Below):
Item 4d
EXHIBIT F
AFFIDAVIT
STATE OF TEXAS )
)
THE COUNTY OF ______________ )
I, ___________________________, a member of the Consultant team, make this
affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business
entity that would be affected by the work or decision on the Project (Check all that
apply):
_____ Ownership of 10% or more of the voting shares of the business entity.
_____ Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or
more of the fair market value of the business entity.
_____ Funds received from the business entity exceed ten percent (10%) of my
income for the previous year.
_____ Real property is involved, and I have an equitable or legal ownership with
a fair market value of at least Twenty Five Thousand and 00/100 Dollars
($25,000.00).
_____ A relative of mine has substantial interest in the business entity or property
that would be affected by my business decision of the public body of which
I am a member.
_____ Other: _________________________________________________.
_____ None of the Above.
Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative
of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the
Texas Government Code, is a member of a public body which took action on the
agreement.
Signed this _____________________ day of _____________________, 20___.
_____________________________________
Signature of Official / Title
BEFORE ME, the undersigned authority, this day personally appeared
____________________________ and on oath stated that the facts hereinabove stated
are true to the best of his / her knowledge or belief.
Sworn to and subscribed before me on this _____ day of ________________________,
2013.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: __________________
Item 4d
EXHIBIT G
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 31 of 32
Item 4d
EXHIBIT G
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 32 of 32
Item 4d
Item 4d
SH 289 Median Lighting
Item 4d
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute the Amended and Restated
Potable Water Supply Contract between North Texas Municipal Water District and the Town of
Prosper, Texas.
Description of Agenda Item:
The Town of Prosper entered into a Potable Water Supply Contract with North Texas Municipal
Water District (NTMWD) November 21, 2002, and amended the contract on March 1, 2003, to
receive an adequate and dependable treated water supply from the City of Frisco until the
NTMWD’s pipeline extension was complete to Prosper.
The Town's current capacity to receive water from NTWMD is 5 MGD and our projections show
we will peak during the months of July and August at over 6 MGD. In order to receive more
water, the Town will need to enter into an Amended and Restated Potable Water Supply
Contract with NTMWD to allow the existing water meter to be upsized from an 8” to a 12”. The
12” water meter is anticipated to meet the Town’s service needs for the next ten (10) years.
On May 22, 2014, the NTMWD Board is scheduled to approve the Amended and Restated
Potable Water Supply Contract. With the new contract, the Town will be able to install the new
meter which is tentatively scheduled for the last week in May 2014. During the installation of the
meter, the Town will have to disconnect from the NTMWD’s supply line for approximately twenty
hours, requiring the Town to supply water through its existing storage. The Town maintains a
capacity of 8 MGD of ground storage at Custer Road Pump Station with an additional 2 MGD in
the Preston Road Elevated Storage Tank and does not anticipate requiring any additional
conservation requirements during the meter replacement.
The highlights of the new NTMWD’s contract are penalties for not meeting the following daily
and yearly water conservation goals:
If the Town takes an amount of water above the authorized amount or authorized rate of
delivery, as allowed by NTMWD’s water conservation plan and drought contingency
plan, NTMWD may require the Town to pay three (3) times the rate for water taken in
excess of the authorized amount or authorized rate of delivery.
Any time the Town exceeds the maximum rate of delivery of 2.2 times the Daily
Average, as determined by the NTMWD, Town shall pay three (3) times the rate for
water. In the event of an emergency condition, as determined by NTMWD, the
increased rate may be waived.
PUBLIC WORKS
Item 4e
Page 2 of 2
The Town’s Daily Average in 2013 was 2.468 MGD which would equate to an allowable maximum
rate of delivery of 5.430 MGD. In 2013, the Town’s peak day usage was 4.434 MGD, so in order
for the Town to maintain contractual flows, the Town will need to continue efforts on improving
water conservation.
Budget Impact:
No budget impact.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. North Texas Municipal Water District Amended and Restated Potable Water Supply
Contract.
Town Staff Recommendation:
Town staff recommends authorizing the Town Manager to execute the Amended and Restated
Potable Water Supply Contract between North Texas Municipal Water District and the Town of
Prosper, Texas.
Proposed Motion:
I move to approve authorizing the Town Manager to execute the Amended and Restated
Potable Water Supply Contract between North Texas Municipal Water District and the Town of
Prosper, Texas.
Item 4e
1
4351596.2
NORTH TEXAS MUNICIPAL WATER DISTRICT
TOWN OF PROSPER
AMENDED AND RESTATED
POTABLE WATER SUPPLY CONTRACT
THE STATE OF TEXAS §
§
THE COUNTY OF COLLIN §
THIS AMENDED AND RESTATED CONTRACT (the “Amended Contract”) made and entered
into as of this the day of , 2014, by and between
the North Texas Municipal Water District, hereinafter called “NTMWD”, a conservation and
reclamation district created under Article 16, Section 59, of the Texas Constitution, and the Town
of Prosper, hereinafter called “Customer.”
WITNESSETH:
WHEREAS, NTMWD and Customer are authorized to enter into this Amended Contract
pursuant to Chapter 62, Acts of the 52nd Legislature, 1951 (Article 8280-141, Vernon's Texas
Civil Statutes), Chapter 791 of the Texas Government Code (the “Interlocal Cooperation Act”)
and other applicable laws;
WHEREAS, NTMWD and Customer entered into that certain Potable Water Supply
Contract dated November 21, 2002, wherein NTMWD agreed to furnish Customer water supply
services (“Original Contract”);
WHEREAS, Customer has requested to increase the meter size for the Point of Delivery;
WHEREAS, NTMWD and Customer desire to amend and completely restate the terms of
the Original Contract, and supersede and replace the Original Contract in its entirety, as provided
herein;
WHEREAS, Customer desires to obtain an adequate and dependable water supply from
NTMWD;
WHEREAS, NTMWD was created, among other things, to serve the water needs of its
Member Cities, as defined below;
WHEREAS, Customer acknowledges and understands that this Amended Contract
establishes a maximum amount of potable water that NTMWD is required to deliver to Customer;
WHEREAS, Customer acknowledges and understands that NTMWD determines the rates
to be paid by Member Cities and Customer and that rates for Customer will not be the same as
and are higher than the rates for Member Cities; and
WHEREAS, Customer is not compelled to purchase water from NTMWD and is
voluntarily entering into this Amended Contract;
Item 4e
2
4351596.2
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, NTMWD agrees to furnish water, and Customer agrees to pay for water, upon the
terms and conditions and for the consideration hereinafter set forth, to wit:
Section 1. DEFINITION OF TERMS. The following terms and expressions as used in
this Amended Contract, unless the context clearly shows otherwise, shall have the following
meanings:
(a) “Annual Minimum” means the minimum amount of potable water Customer
must compensate NTMWD for during the Annual Payment Period, and each year
thereafter, regardless of whether Customer actually takes such quantity of water.
The Annual Minimum shall be adjusted annually after the first Annual Payment
Period as provided in Section 8;
(b) “Annual Maximum” means the maximum amount of potable water that NTMWD
agrees to sell and deliver to Customer during any Water Year under this
Amended Contract;
(c) “Annual Payment” means the amount of money to be paid to NTMWD by
Customer during each Annual Payment Period;
(d) “Annual Payment Period” means NTMWD’s fiscal year, which currently begins
on October 1 of each calendar year and ends on September 30 of the next
following calendar year, but which may be any twelve (12) consecutive month
period fixed by NTMWD;
(e) “Amended Contract Date” means the effective date of this Amended Contract as
executed by both parties;
(f) “Customer” means Town of Prosper as defined in the preamble to this Amended
Contract;
(g) “Customer Entity or Customer Entities” means any customer other than the
Member Cities with which NTMWD contracts with to furnish water;
(h) “Daily Average” means 1/365 of the Annual Minimum as provided in Section 8
of this Amended Contract at the Point of Delivery;
(i) “Emergency Condition” means a condition that necessitates an expeditious
delivery of water to prevent or combat imminent peril to the public health, safety,
or welfare;
(j) “NTMWD” means the North Texas Municipal Water District as defined in the
preamble to this Amended Contract;
(k) “Member City or Member Cities” means the Cities of Allen, Farmersville,
Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson,
Rockwall, Royse City, Wylie, and any other city that may hereafter legally be
annexed into the service area of NTMWD in accordance with Tex. Rev. Civ.
Stat. Art. 8280-141;
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4351596.2
(l) “Point of Delivery” means the air gap between the provision of service by
NTMWD to Customer, all facilities upstream of which shall be the sole
responsibility of NTMWD, and all facilities downstream of which shall be the
sole responsibility of the Customer;
(m) “Regional Contract” means the “North Texas Municipal Water District Regional
Water Supply Facilities Amendatory Contract,” dated August 1, 1988, together
with all similar contracts between NTMWD and contracting parties;
(n) “System” means, collectively, the existing system and the future improvements
and water of NTMWD included as part of the System under the Regional
Contract for projects, water storage, treatment, transmission and supply,
including all dams, reservoirs, and other properties or interests therein wherever
located. Said terms do not include any of NTMWD’s facilities that provide
wastewater treatment or disposal services, or solid waste disposal services, of any
kind. Said terms do not include any facilities acquired or constructed by
NTMWD with the proceeds from the issuance of “Special Facilities Bonds,”
which are payable from any source, contract, or revenues whatsoever, other than
revenues from the System; and,
(o) “Water Year” means the period of August 1 of each calendar year through July
31 of the next following calendar year, or such other twelve (12) month period
designated by NTMWD to all Member Cities and Customer Entities.
Section 2. DELIVERY OF WATER. NTMWD agrees to sell and to deliver potable
water under this Amended Contract to Customer at its Point of Delivery as described in Section 5
hereof, and Customer agrees to take at its Point of Delivery all water required for use by
Customer during the term of this Amended Contract, including all potable water for Customer’s
own use and for distribution to all customers served by Customer’s water distribution system, or
within Customer’s existing Texas Commission on Environmental Quality (“TCEQ”) certificated
retail service area. It is specifically provided, however, that after the Amended Contract Date,
unless required to do otherwise by the TCEQ or a court of competent jurisdiction, Customer shall
not enter into, renew, or amend with regard to volume of water to be supplied, any agreement to
provide wholesale or retail potable water for use outside its boundaries, its extraterritorial
jurisdiction, or its certificated retail service area unless each such agreement is approved by
NTMWD (which approval shall not be unreasonably withheld unless the projected additional
volume affects NTMWD’s ability to provide service to others or conflicts with law or NTMWD
policy). Customer shall not become a party to any contract for the sale of potable water that
would violate or be inconsistent with the provisions of this Amended Contract. NTMWD will
use its best efforts to furnish and remain in a position to furnish potable water sufficient for all
reasonable potable water requirements of Customer, but its obligation shall be limited to the
amount of potable water available to it from the System during routine operation.
The Annual Maximum that NTMWD agrees to sell and deliver to Customer under this
Amended Contract at the Point of Delivery shall be 1,554,900,000, gallons per year. If
Customer exceeds the Annual Maximum for the Point of Delivery during any Water Year, within
sixty (60) days of such exceedance Customer agrees to commence negotiations with NTMWD for
the execution of an amended or restated contract.
The maximum rate of delivery at the Point of Delivery shall not exceed 2.2 times the
Daily Average supplied to Customer hereunder, which is consistent with the capabilities and
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4351596.2
abilities of NTMWD facilities, and it is understood that NTMWD may from time to time adjust
the maximum rate of delivery on an equitable and uniform basis to all Customer Entities.
Section 3. OTHER CONTRACTS. NTMWD reserves the right to supply potable water
from the System to additional parties as determined by the Board of Directors of NTMWD.
Section 4. QUALITY. The water to be delivered by NTMWD and received by
Customer shall be potable water. Customer has satisfied itself that such water will be suitable for
its needs, but NTMWD is obligated to treat such water so as to meet the standards of all State and
Federal agencies having jurisdiction over water quality. NTMWD and Customer shall cooperate,
each within its legal powers, in preventing, to the extent practicable, the pollution and
contamination of the reservoirs and watersheds from which water is obtained.
Section 5. POINT(S) OF DELIVERY. The Point of Delivery for Customer is located at
990 Custer Road on the Frisco-McKinney Pipeline. Exhibit A attached hereto identifies the
location of the Point of Delivery. The Point of Delivery shall be a twenty-four inch (24") tapped
connection with a twelve inch (12") meter, with all to be approved in writing by NTMWD.
Customer agrees to furnish the site at the Point of Delivery and to construct adequate
water storage and pump station facilities so that the maximum rate of delivery will not exceed 2.2
times the Daily Average at the Point of Delivery. Customer shall design and construct a separate
vault for the Point of Delivery. The vault will include the billing meter, control valve, and
appropriate SCADA equipment. Customer shall also provide one level transmitter for the ground
storage tank for NTMWD use and shall provide a separate air gap for the Point of Delivery at the
ground storage tank. At the request of the Customer, or upon NTMWD’s own determination,
NTMWD may install isolation valves associated with the Point of Delivery. NTMWD may
require Customer to bear all costs associated with such installation.
Customer shall provide to NTMWD all plans for the design, construction, and installation
of any facilities and equipment required to receive and take all potable water delivered to it under
this Amended Contract and Customer shall not proceed with any construction or installation
without NTMWD’s prior written approval of such plans, which approval shall not be
unreasonably withheld. Further, NTMWD shall have the right to inspect any and all facilities and
equipment to ensure compliance with the NTMWD approved plans. Customer shall also perform
and coordinate with NTMWD regarding any and all construction activities that involve the
System. Customer shall construct, maintain, and operate, at its own cost and expense, all
facilities and equipment necessary to receive and take all potable water delivered to it under this
Amended Contract. Regardless of NTMWD’s approval of any Customer plans for the design,
construction, and installation of any facilities and equipment required to receive and take all
potable water delivered to it under this Amended Contract, Customer is solely responsible for the
sufficiency of design to receive volume(s) of water established pursuant to this Amended
Contract. Any construction from NTMWD’s pipeline through the air gap must meet NTMWD
standard specifications. No change in the type or size of meters, or size of the tap, shall be
allowed unless this Amended Contract has been amended as set forth in Section 10,
MODIFICATION.
Section 6. MEASURING EQUIPMENT. Customer shall furnish, and install at its own
expense at, or near, the Point of Delivery the necessary rate of flow equipment, of a standard type
approved by NTMWD, for measuring properly in both low and high flow periods the quantity of
potable water delivered under this Amended Contract and such billing meter and other equipment
so installed shall become the property of NTMWD. Customer shall have access to such metering
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equipment at all reasonable times, but the reading, calibration, and adjustment thereof shall be
accomplished only by the employees or agents of NTMWD. For the purpose of this Amended
Contract, the original record or reading of the meter shall be the journal or other record book,
including, but not limited to electronic databases, maintained by NTMWD in its office in which
the records of the employees or agents of NTMWD who take the reading may be transcribed or
stored. Upon written request of Customer, NTMWD will provide a copy of such journal or
record book, or permit it to have access to the same in the office of NTMWD during reasonable
business hours.
Not more than once in any six (6) month time period, NTMWD shall test its billing meter
if requested in writing by Customer to do so, in the presence of a representative of Customer, and
the parties shall jointly observe any adjustments that are made to the billing meter in case any
adjustments shall be necessary. If upon any test, the percentage of inaccuracy of any billing
meter equipment is found to be in excess of two percent (2%), registration thereof shall be
corrected for a period extending back to the time when such inaccuracy began, if such time is
ascertainable, and if such time is not ascertainable, then for a period extending back one-half
(1/2) of the time elapsed since the last date of calibration, but in no event further back than a
period of six (6) months. If for any reason any billing meters are out of repair so that the amount
of water delivered cannot be ascertained or computed from the reading thereof, the water
delivered through the period such billing meters are out of service or out of repair shall be
estimated and agreed upon by the parties hereto upon the basis of the best data available. For
such purpose, the best data available shall be deemed to be the registration of any check meter or
meters if the same have been installed and are accurately registering. Otherwise, the amount of
water delivered during such period may be estimated (i) by correcting the error if the percentage
of the error is ascertainable by calibration tests or mathematical calculation, or (ii) estimating the
quantity of delivery by deliveries during the preceding periods under similar conditions when the
billing meter or meters were registering accurately.
Customer may, at its option and its own expense, install and operate a check meter
downstream of the Point of Delivery to check each billing meter installed by NTMWD, but the
measurement of water for the purpose of this Amended Contract shall be solely by NTMWD’s
meters, except in the cases hereinabove specifically provided to the contrary. All such check
meters shall be of standard make and shall be subject at all reasonable times to inspection and
examination by any employee or agent of NTMWD.
Section 7. UNIT OF MEASUREMENT. The unit of measurement for potable water
delivered under this Amended Contract shall be 1,000 gallons of water, U.S. Standard Liquid
Measure.
Section 8. PRICE AND TERMS. The service to be performed under this Amended
Contract by NTMWD consists of the readiness of NTMWD to deliver to Customer upon its
demand, water in accordance with the conditions, limitations and provisions of this Amended
Contract.
In return for such service, Customer agrees to compensate NTMWD by payment of
certain minimum annual sums of money, for each of which said sums NTMWD agrees, if
required by Customer, to deliver all, or so much thereof as Customer may desire, of a certain
corresponding volume of water, as follows:
(a) Customer will compensate NTMWD at the current water rate established for
Customer Entities by the Board of Directors of NTMWD (“Water Rate”), as such Water Rate
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may be changed from time to time, for an Annual Minimum of 923,205,000 gallons of water (a
Daily Average of 2,529,329 gallons per day), regardless of whether said quantity is actually taken
by Customer, and any water delivered in excess of the amount allowed for the Annual Minimum
will also be purchased at the Water Rate. The Annual Minimum Customer will be required to
purchase at the above Water Rate, or such other Water Rate as may be from time to time
determined by NTMWD, shall be calculated annually for each ensuing year and such minimum
amount shall not be less than the highest total amount taken by Customer during any previous
year or 923,205,000 gallons, whichever is greater; provided however, Customer cannot take more
than 1,554,900,000 gallons per year as provided in Section 2 of this Amended Contract, and
Customer shall pay the Water Rate for any water taken in excess of 1,554,900,000 gallons per
year.
(b) If potable water must be rationed, such rationing shall, within the limits permitted
by law, be accomplished by NTMWD on an equal basis of the relative actual total amount of all
potable water taken by each Customer Entity, respectively, during the last preceding Annual
Payment Period in which rationing among said Customer Entities was not necessary.
(c) The Annual Minimum as set forth in Section 8 hereof shall be reviewed at the
end of the first Annual Payment Period, and each year thereafter, and shall be re-determined by
the Board of Directors of NTMWD at that time.
(d) Payment of the minimum annual service charge listed above shall be made each
year by Customer to NTMWD in twelve (12) equal monthly installments, each of which shall be
due and payable on or before the 10th day of the month following the service.
(e) It is further agreed that, in addition to the amounts required to be paid by
Customer herein, if during any Water Year Customer uses System treated water in excess of the
Annual Minimum for the Annual Payment Period that commenced during such Water Year up to
the Annual Maximum allowed in Section 8(a) or in excess of the Annual Maximum allowed in
Section 8(a), then Customer shall pay for excess water in accordance with the provisions of
Section 8(a). Excess water charges shall be billed by NTMWD to Customer as soon as
practicable after the end of such Water Year and shall be paid to NTMWD as soon as practicable
thereafter, and in all events prior to the beginning of the next Annual Payment Period.
(f) Liability for making payments, as herein set forth, shall commence on the date of
the first tender of delivery of water to Customer by NTMWD at the Point of Delivery.
(g) In the event that Customer shall fail to make any such monthly payment or
annual payment within the time herein in this section specified, interest on such amount shall
accrue at the rate of ten percent (10%) per annum from the date such payment becomes due until
paid in full with the interest as herein specified. In the event such payment is not made within
thirty (30) days from the date such payment becomes due, NTMWD may at its option discontinue
delivery of water to Customer until the amount due NTMWD is paid in full with interest as herein
specified.
(h) If Customer takes an amount of water above the authorized amount or authorized
rate of delivery allowed by NTMWD’s water conservation plan and drought contingency plan, as
may be amended from time to time, NTMWD may require the Customer to pay three (3) times
the Water Rate for water taken in excess of the authorized amount or authorized rate of delivery
under either plan.
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(i) Any time Customer exceeds the maximum rate of delivery of 2.2 times the Daily
Average at the Point of Delivery as determined by the NTMWD, Customer shall pay three (3)
times the Water Rate for such water. In the event of an Emergency Condition, as that term is
defined herein, NTMWD may, in its sole discretion, waive this increased rate for exceedance of
the maximum rate of delivery of 2.2 times the Daily Average for the Point of Delivery. This
waiver shall apply for a 48-hour period, after which such waiver shall terminate. In its sole
discretion, NTMWD may extend the waiver for additional 48-hour periods, if NTMWD
determines that an extension of the waiver is warranted.
Section 9. TERM OF AMENDED CONTRACT. This Amended Contract shall
commence on the Amended Contract Date and shall continue for a term of twenty (20) years
following the Amended Contract Date.
Section 10. MODIFICATION. This Amended Contract may be changed or modified
only by written agreement of the parties and only after having obtained approval from the
governing bodies of both NTMWD and Customer. No change or modification shall be made to
this Amended Contract which will affect adversely the prompt payment when due of all monies
required to be paid by Customer under the terms of this Amended Contract.
Section 11. FORCE MAJEURE. If by reason of force majeure any party hereto shall be
rendered unable wholly or in part to carry out its obligations under this Amended Contract, other
than the obligation of Customer to make the payments required under Section 8 of this Amended
Contract, then if such party shall give notice and full particulars of such force majeure in writing
to the other party within a reasonable time after occurrence of the event or cause relied on, the
obligation of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of the inability then claimed, but for no longer period, and any
such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The
term “force majeure” as employed herein shall mean acts of God, strikes, lockouts, or other
industrial disturbances, acts of public enemy, orders of any kind of the Government of the United
States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics,
landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests,
restraint of government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines or canals, partial or entire failure of water supply, or on account of any other
causes not reasonably within the control of the party claiming such inability.
Section 12. INSURANCE. NTMWD agrees to carry and arrange for fire, casualty,
public liability, and/or other insurance, including self-insurance for purposes and in amounts
which, as determined by NTMWD, ordinarily would be carried by a privately-owned utility
company owning and operating such facilities, except that NTMWD shall not be required to
provide liability insurance except to insure itself against risk of loss due to claims for which it
can, in the opinion of NTMWD’s legal counsel, be liable under the Texas Tort Claims Act or any
similar law or judicial decision. Such insurance will provide, to the extent feasible and
practicable, for the restoration of damaged or destroyed properties and equipment, to minimize
the interruption of the services of such facilities. All premiums for such insurance shall constitute
just and reasonable operation and maintenance expense. The insurance coverage referenced
herein does not extend to any facility owned by Customer.
Section 13. REGULATORY BODIES AND LAWS. This Amended Contract is subject
to all applicable Federal and State Laws and any applicable permits, ordinances, rules, orders, and
regulations of any local, state or federal governmental authority having or asserting jurisdiction,
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but nothing contained herein shall be construed as a waiver of any right to question or contest any
such law, ordinance, order, rule, or regulation in any forum, having jurisdiction.
Section 14. NOTICES. Unless otherwise provided herein, any notice, communication,
request, reply, or advice (herein severally and collectively, for convenience, called “Notice”)
herein provided or permitted to be given, made, or accepted by any party to any other party must
be in writing and may be given or be served by depositing the same in the United States mail
postpaid and registered or certified and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party, or by prepaid telegram when
appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be effective, unless otherwise stated
herein, from and after the expiration of three (3) days after it is so deposited. Notice given in any
other manner shall be effective only if and when received by the party to be notified. For the
purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as
follows:
If to NTMWD, to:
Executive Director/General Manager
North Texas Municipal Water District
P.O. Box 2408
Wylie, Texas 75098
If to Customer, to:
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75087
The parties hereto shall have the right from time to time and at any time to change their respective
addresses and each shall have the right to specify as its address any other address by at least
fifteen (15) days written notice to the other parties hereto.
Section 15. SEVERABILITY. The parties hereto specifically agree that in case any one
or more of the sections, subsections, provisions, clauses, or words of this Amended Contract or
the application of such sections, subsections, provisions, clauses, or words to any situation or
circumstance should be, or should be held to be, for any reason, invalid or unconstitutional, under
the laws or constitutions of the State of Texas or the United States of America, or in
contravention of any such laws or constitutions, such invalidity, unconstitutionality, or
contravention shall not affect any other sections, subsections, provisions, clauses, or words of this
Amended Contract or the application of such sections, subsections, provisions, clauses, or words
to any other situation or circumstance, and it is intended that this Amended Contract shall be
severable and shall be construed and applied as if any such invalid or unconstitutional section,
subsection, provision, clause, or word had not been included herein, and the rights and obligations
of the parties hereto shall be construed and remain in force accordingly.
Section 16. VENUE. All amounts due under this Amended Contract including, but not
limited to, payments due under this Amended Contract or damages for the breach of this
Amended Contract, shall be paid and be due in Collin County, Texas, which is the County in
which the principal administrative offices of NTMWD are located. It is specifically agreed
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among the parties to this Amended Contract that Collin County, Texas, is the principal place of
performance of this Amended Contract.
Section 17. OPERATING CONDITIONS AND PROVISIONS.
(a) Operation and Maintenance of System. NTMWD will continuously operate and
maintain the System in an efficient manner and in accordance with good business and engineering
practices, and at reasonable cost and expense.
(b) Title to Water; Indemnification. NTMWD shall retain title to all water supplied
to Customer up to the Point of Delivery, at which point title to such water shall pass to Customer.
NTMWD and Customer shall save and hold each other harmless from all claims, demands, and
causes of action that may be asserted by anyone on account of the transportation and delivery of
said water while title remains in such party. As between the parties, Customer shall have the first
right to use all effluent produced from any wastewater treatment plant that treats the wastewater
resulting from the use of the water made available under this Amended Contract for direct reuse,
but solely for its own purposes. To the extent that effluent produced by a wastewater treatment
plant that treats the wastewater resulting from the use of water made available under this
Amended Contract is discharged to water courses of the State, the right of Customer to reuse such
effluent produced from such wastewater treatment is terminated, and NTMWD shall have the
right, as between the parties, pursuant to any necessary authorization of the State, to indirectly
reuse said effluent. Customer shall ensure via any wholesale contract with a subsequent
customer, to maintain NTMWD’s right to indirectly reuse treated effluent, the underlying source
of which is water from NTMWD made available under this Amended Contract.
(c) Operating Expenses of Customer. Customer represents and covenants that all
payments to be made by it under this Amended Contract shall constitute reasonable and necessary
“operating expenses” of its system, as defined in Section 1502.056, Texas Government Code, and
that all such payments will be made from the revenues of its system. Customer represents and
has determined that the potable water supply to be obtained from the System is absolutely
necessary and essential to the present and future operation of its water system and is the only
available and adequate source of supply of potable water. Accordingly, all payments required by
this Amended Contract to be made by Customer shall constitute reasonable and necessary
operating expense of its respective system as described above, with the effect that the obligation
to make such payments from revenues of such systems shall have priority over any obligation to
make any payments from such revenues (whether of principal, interest, or otherwise) with respect
to all bonds or other obligations heretofore or hereafter issued by Customer.
(d) Customer’s Rate for Waterworks System. Customer agrees throughout the term
of this Amended Contract to continuously operate and maintain its waterworks system, and to fix
and collect such rates and charges for water services to be supplied by its waterworks system as
aforesaid as will produce revenues in an amount equal to at least (i) all of its payments under this
Amended Contract and (ii) all other amounts required to be paid from said revenues by the
provisions of the ordinances or resolutions authorizing its revenue bonds or other obligations now
or hereafter outstanding and to file appropriate financial reports related to the Customer’s system
including annual audits.
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4351596.2
(e) Equity. Customer acknowledges that it will accrue no equity or any other interest
in the System or any other assets of NTMWD as a result of payment or other performance
pursuant to this Amended Contract.
(f) Utilization of Groundwater Sources. NTMWD acknowledges that the Customer
currently utilized groundwater sources for its water supply. Nothing contained in this Amended
Contract shall preclude Customer from continuing to utilize and develop groundwater sources.
Section 18. WATER CONSERVATION. Customer agrees to adopt, implement, and
enforce any and all ordinances and policies related to water conservation and drought
management as required by the Texas Water Code, rules of the TCEQ and/or as may be adopted
by the Board of Directors of NTMWD. NTMWD's obligations pursuant to this Amended
Contract shall be subject to Customer preparing and implementing a water conservation plan or
water conservation measures, as well as implementing any water conservation plans and drought
contingency plans adopted by NTMWD and required or approved by the TCEQ, the Board, or
any other federal, state, or local regulatory authority with power to require or approve water
conservation and drought contingency plans. Upon execution of this Amended Contract,
Customer shall submit its water conservation plan or water conservation measures, and drought
contingency plan, to NTMWD for review and approval, and Customer agrees to amend its water
conservation plan or water conservation measures, and drought contingency plan as requested by
NTMWD in order to comply with requirements of NTMWD's water conservation plan and
drought contingency plan, program and/or rules. Customer shall also submit any changes or
amendments to its water conservation plan or water conservation measures, and drought
contingency plan, to NTMWD for review and approval.
NTMWD has adopted a water conservation plan and a drought contingency plan, and
may amend both from time to time. If Customer fails to implement NTMWD's and its own
drought contingency plan when trigger conditions occur, NTMWD may implement rationing and
collect the rate for water withdrawn as provided in Section 8(h) of this Amended Contract, as
well as enforce any contractual, statutory, or common law remedies available. The amount of
water that is provided pursuant to this Amended Contract when Customer is not in compliance
with NTMWD's water conservation plan and drought contingency plan will be reduced to the
amount estimated as necessary to satisfy Customer's demand if Customer was operating in
compliance with both NTMWD's and Customer's drought contingency plans.
If NTMWD authorizes Customer to resell water from the System pursuant to the
conditions included herein, Customer shall require through a contract condition that any
successive user(s) of water from the System must implement water conservation measures that
comply with the NTMWD and Customer's water conservation plans, measures, programs, and/or
rules.
Section 19. DEMAND ASSESSMENT. The location of the delivery point(s) and any
quantity set forth in this Amended Contract are intended to meet the water needs of Customer.
The needs of Customer are independently determined by Customer, and NTMWD has conducted
no independent evaluation of the Customer’s water system.
Section 20. SOLE AGREEMENT. This Amended Contract constitutes the sole and only
agreement of Customer and NTMWD and supersedes any prior understanding or oral or written
agreements between Customer and NTMWD with respect to the subject matter of this Amended
Contract, including the Original Contract.
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4351596.2
Section 21. NO THIRD PARTY BENEFICIARIES. This Amended Contract shall inure
only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or
manner, be considered a third-party beneficiary of this Amended Contract. Each party hereto
shall be solely responsible for the fulfillment of its customer contracts or commitments, and
NTMWD shall not be construed to be responsible for Customer’s contracts or commitments by
virtue of this Amended Contract or any provision contained herein.
IN WITNESS WHEREOF, the parties hereto acting under authority of their respective
governing bodies have caused this Amended Contract to be duly executed in several counterparts,
each of which shall constitute an original, all as of the day and year first above written, which is
the Amended Contract Date.
(Signatures on following pages)
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4351596.2
TOWN OF PROSPER
By: __________________________________ ______________________________
Harlan Jefferson, Town Manager Date
ATTEST:
__________________________________
Robyn Battle, Town Secretary
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on this ______ day of
____________, 2014, by Harlan Jefferson, the Town Manager of the Town of Prosper, a
political subdivision of the State of Texas, on behalf of said political subdivision.
__________________________________________
Notary Public, State of Texas
Printed Name of Notary:
__________________________________________
My Commission Expires: _____________________
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4351596.2
NORTH TEXAS MUNICIPAL WATER DISTRICT
By: __________________________________ ______________________________
Bill Lofland, President Date
ATTEST:
___________________________________
Joe Joplin, Secretary
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on this ______ day of
____________, 2014, by Bill Lofland, President of the Board of Directors of the North
Texas Municipal Water District, a conservation and reclamation district and political
subdivision of the State of Texas, on behalf of said conservation and reclamation district.
__________________________________________
Notary Public, State of Texas
Printed Name of Notary:
__________________________________________
My Commission Expires: _____________________
Item 4e
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4351596.2
EXHIBIT A
Location of Point of Delivery
Item 4e
Frisco McKinney Pipeline Contract B
Prosper Tank Delivery Pipeline
ÜTown of ProsperMeter upsize
NTMWD_WaterLines
NTMWDPoint of Delivery
ProsperPump Station
EXHIBIT ALocation of Point of Delivery
Item 4e
Page 1 of 7
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
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).
History:
The Town Council held a work session to discuss the zoning application on April 30, 2014. On
May 7, 2014, the applicant submitted revised zoning exhibits. The revised zoning exhibits:
1. Revise Exhibit D to reflect a new location of the neighborhood park adjacent to Legacy Drive,
so it is no longer adjacent to Legacy Drive.
2. Revised Exhibit C to prohibit alley-served lots.
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
Subject
Property
Single Family-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
Prosper is a place where everyone matters.
PLANNING
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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.
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.
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Proposed Zoning – Z13-0018 is 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). 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. Any unused number of Type A lots may be added to the maximum number
of Type B lots. While there is 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
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
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Side Yard
Setback 7 feet 7 feet 8 feet 8 feet 8 feet
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 Type A lots may be added to the maximum number of Type B lots.
The number of single family lots less than 10,000 square feet in area has increased from 902
allowed for per the existing zoning to 1,496 in the proposed PD. The number of lots greater
than 10,000 square feet in area has been reduced from 968 to 375 in the proposed PD.
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:
1. Permitted Encroachment – The PD allows architectural features and porches to encroach
into the required front and rear yard setbacks up to 5 feet and allows for swing-in garages to
encroach into front yards up to 10 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 3 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.
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 building and architectural
standards that exceed those in the Zoning Ordinance, such as 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; to require enhanced paving treatments for residential driveways; and to limit the use
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of cementitious fiberboard. The PD also includes conceptual single family elevations as
Exhibit F. Please note the renderings in Exhibit F are artist’s concepts and are included as a
representation of the architectural style, color, and material selections.
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 except the PD-O/R District 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.
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.
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.
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Legal Obligations and Review:
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. Zoning map of the surrounding area.
3. PD-3.
4. PD-14.
5. PD-23.
6. PD-34.
7. Future Land Use Plan
8. Public hearing notice reply forms.
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.
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.
Planning & Zoning Commission Recommendation:
At their April 15, 2014, meeting, the Planning & Zoning Commission recommended the Town
Council 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), by a vote of 6-
1, 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 with Commissioner Keith in opposition to the motion, citing a preference that
Type A lots be reduced by more than a count of 150, as he preferred a guarantee that more lots
than what is proposed will be 10,000 square feet or greater.
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Town Staff Recommendation:
Town staff recommends the Town Council 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 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 feet.
Once the Town Council has considered the previous list of items and the conditions listed in the
Planning & Zoning Commission’s recommendation, Town staff recommends the Town Council
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:
1. Revising the zoning exhibits to comply with the Parks and Recreation Board’s
recommendation.
Proposed Motion:
I move to 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:
1. Revising the zoning exhibits to comply with the Parks and Recreation Board’s
recommendation.
2. (list any additional conditions of approval here)
Item 6
Submittal Documents in Support of
(subject to name change prior to final approval)
A Planned Development District
in the
Town of Prosper, Texas
May 13, 2014
Item 6
TABLE OF CONTENTS
Page
EXHIBIT “A” - Legal Descriptions 3
EXHIBIT “B” - Statement of Intent and Purpose 10
EXHIBIT “C” - Development Standards
1. Amenity Program 11
2. Single-Family Residential 16
3. Commercial/Retail 28
EXHIBIT “D” - Concept Plan 29
EXHIBIT “E” - Development Schedule 30
EXHIBIT “F” - Conceptual SF Elevations 31-35
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EXHIBIT “A”
Legal Descriptions for StarTrail, Town of Prosper, Texas
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EXHIBIT “B”
Statement of Intent and Purpose for StarTrail, Town of Prosper, Texas
The purpose of this PD is to allow for the creation of a unique, high-quality, primarily
residential master-planned community that meets the demands of the current real
estate market conditions while maintaining the character of the Town of Prosper. The
Villages of Star Trail will utilize a variety of lot sizes to offer multiple lifestyle
opportunities arranged around an amenity program consisting of both active and
passive open spaces catering to all ages. Existing floodplain areas will be enhanced to
create an active greenbelt with a trail system for hikers and bikers that links to the
development as well as the Town of Prosper’s master trail system. The residential lots
will be carefully arranged so that the more intense uses are located towards the
perimeter of the development serving as a buffer from the thoroughfares, commercial
uses, and existing higher density developments adjacent to the planned community.
Commercial, Retail and Office uses will be located along the major thoroughfares to
provide future employment and retail opportunities for the community. The roadway
system within Star Trail is designed to provide easy access to the network of
thoroughfares in and around the community as well as the Dallas North Tollway.
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EXHIBIT “C”
Development Standards for StarTrail, Town of Prosper, Texas
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s
Zoning Ordinance (as it currently exists or may be amended) and Subdivision Ordinance
(as it currently exists or may be amended) shall apply.
I. Amenity Program
A. General. As a master planned community, Star Trail will have a programmed and
qualitatively controlled system of amenities throughout. These amenities combine to
create an overall sense of place that would be difficult to achieve when considered
as independent elements within smaller developments. The community amenities
that are addressed within these Development Standards are:
Primary Community Entries
Secondary Community Entries
Neighborhood Entries
Thoroughfare Landscape Buffers
Community Amenity Center
Floodplain / Greenway Parks
Neighborhood Parks
Pocket Parks
Hike and Bike Trails
B. Primary Community Entries
1. Major points of entry into StarTrail (including at least one entry along Prosper
Trail, one along Legacy Drive and one off the DNT service road) will be defined
with a combination of monument signage, landscape and lighting to create a
sense of arrival commensurate in scale and character with a 800+ acre master
planned community (see representative examples below). These entries will
include:
Community name / logo incorporated into monument
signage element, to be constructed of masonry or similar
material;
Enhanced landscape, including seasonal color, shrubs,
groundcover, perennials and unique combinations of both
canopy and ornamental trees;
Enhanced lighting on the monument / signage and the
unique aspects of the landscape;
Water will be considered as an accent feature if land and
topography permit, and if compatible with the overall
physical design theme for the community.
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2. Primary entries will be developed to incorporate both sides of the entry roadway
when both are contained within Star Trail, and will also include enhancements to
the median in the immediate area (where / if applicable). Landscape easements
will be provided to ensure adequate space to provide for visibility triangle(s) and
adequate development of entry design.
C. Secondary Entries
1. Secondary Community Entries will be similar to primary community entries in
their use of compatible building and landscape materials, but will be smaller in
scale and land area. They will occur at the outside edges of Star Trail, at the
entries for either arterials or collectors into the community. It is anticipated that a
minimum of three secondary entries will be provided for the community, primarily
along Legacy Drive (see representative examples below). Secondary community
entries will include the following elements, scaled slightly smaller than the
primary entries:
Community name / logo incorporated into monument signage
element, to be constructed of masonry or similar material;
Enhanced landscape, including seasonal color, shrubs, groundcover,
perennials and unique combinations of both canopy and ornamental
trees;
Enhanced lighting on the monument / signage and the unique
aspects of the landscape;
Center median to allow for more landscape density and also provide
alternative location for neighborhood identification and way-finding
graphics;
Landscape easements where required to accommodate enhanced
landscape and monument construction.
2. Neighborhood Village Entries. Internal to Star Trail and along both arterials
and collectors, points of intersection will be enhanced to denote entries into
individual ‘villages’ or neighborhoods. These entries will resemble primary
and secondary entries in their use of materials and landscape, but will also
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incorporate village or neighborhood names and will contribute to a unique,
community-wide system of visual “way finding.”
D. Thoroughfare Landscape Buffers (Arterial and Collector Roads) Thoroughfares
will provide a continuity of design from primary and secondary points of community
entry throughout the entirety of Star Trail. These thoroughfares and the adjacent
landscape buffers will be designed and constructed to meet the standards outlined in
the Town of Prosper Subdivision Ordinance.
E. Community Amenity Program
1. Villages of StarTrail Community Centers
A minimum of one Community Amenity Center shall be developed within the
Villages of Star Trail, on the property east of Legacy Drive, providing a range of
more active, family oriented activities in a ‘resort’ style environment (see
representative examples below). This facility will be private, designated for the
use of property owners and their guests. Maintenance of the Center will be
provided by a Homeowner’s Association (HOA). This facility will be centrally
located along the main neighborhood road with linkage to the community’s trail
system. This primary Community Amenity Center will be completed along with
the initial phase of residential development east of Legacy Drive and provide the
“centerpiece” recreational amenity for the entire community.
One additional Neighborhood Amenity Center will be constructed when the
villages west of Legacy Drive are developed.
The intended Community Amenity Program shall include elements from the
following list:
Active adult and children’s pools;
Paved and turf chaise areas;
Community building, with interior and exterior spaces programmed
for resident and HOA uses, including possible inclusion of a kitchen,
community room, meeting room(s), fitness room, and storage
area(s);
Restrooms (in the community building and possibly additionally at the
pool area(s);
Covered picnic pavilion with grilling equipment;
Convenience parking (quantity to be determined based upon code
compliance);
Children’s playground facility(s);
Sport court(s);
Trailhead linkages to the floodplain / greenway parks.
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2. Open Space and Trails
Star Trail shall include a minimum of 70 acres of open, flood plain corridors
through the property. These areas will be enhanced with landscaping and
could potentially include additional water features, such as ponds and
fountains that contribute to the overall storm drainage system and provide
enhanced value to the community. All of these corridors shall be
interconnected with a series of paths and trails, with an overall hike / bike
trail system throughout. Following are the key components of this system of
open space through the community:
Master hike / bike trail – minimum 8’ in width – concrete or other
material approved by the Town – linking all neighborhoods,
schools and amenities;
Secondary paths and trails – minimum 6’ in width – concrete or
‘soft’ surface (decomposed granite, crushed fines) is permitted for
HOA maintained trails– providing secondary linkages and ‘spur’
connections to the hike / bike trail system;
Native preservation areas in locations of most desirable existing
vegetation;
Trailhead locations at community amenity sites.
Ponds and water features in open areas where impacts to
existing vegetation will not be an issue and storm drainage
requirements can be enhanced.
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3. Public Community Park and Neighborhood Parks
The Villages of Star Trail will include a minimum of 53.4 acres to be
dedicated for public use as a community park and neighborhood parks.
a. One approximately 30.9 acre site shall be dedicated to the Town for a
Community Park. This park will allow for the construction of lighted
sports fields at the discretion and expense of the Town of Prosper
Parks Department. This site shall be in the location as indicated on
Exhibit D, east of Legacy, south of the creek, on the north side of
Fishtrap Road.
b. Three additional neighborhood parks, approximately 7.5 acres each,
shall be dedicated to the Town of Prosper as a complementary
component of the Star Trail amenities program, including
consideration of alternative uses, and the use of compatible materials
(hardscape, landscape and, if included, lighting). These parks are to
be integrated within the open space system as well as the
neighborhoods that they serve. One neighborhood park will be
located west of Legacy and two will be located east of Legacy.
Neighborhood parks may include features and elements from the
following list of amenities;
Open play fields (non-lit);
Sport courts;
Covered pavilion or shade structure;
Children’s playgrounds;
4. Private Open Space
Additional components of the StarTrail amenities program are “small, private
open spaces” throughout the development. These areas will be HOA
maintained and allow for:
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The provision of valuable open space in adjacency to
homes;
The insurance of one-quarter mile resident walks to a
component of the open space system;
The creation of additional passive and moderately active
recreational opportunities, including:
open play areas;
neighborhood playgrounds;
small neighborhood gathering spaces.
II. Single-Family Residential Tracts
A. General Description: This property may develop, under the standards for SF-10 as
contained in the Town’s Zoning Ordinance as it exists or may be amended, as front
entry lot product subject to the specific provisions contained herein below. There will
be no alley-served lots within the property.
B. Density: The maximum number of single family detached dwelling units for this PD
is 1,870. This equates to an overall gross density of 2.47 units per acre.
C. Lot Types: The single family detached lots developed within the Properties shall be
in accordance with the following Lot Types:
Type A Lots: Minimum 6875 square foot lots
Type B Lots: Minimum 8125 square foot lots
Type C Lots: Minimum 10260 square foot lots
Type D Lots: Minimum 11610 square foot lots
D. Area and building regulations:
1. Type A Lots: The area and building standards for Type A Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type A Lots shall be six
thousand eight hundred seventy-five (6875) square feet. A typical lot
will be 55’ x 125’, but may vary as long as the requirements in Table 1
are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type A Lots shall be
fifty-five (55) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of forty-five (45) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type A Lots shall be twenty-five (25) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type A Lots shall be seven (7) feet.
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(3) For corner lots, the minimum sideyard setback shall be
fifteen (15) feet.
(4) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(5) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards
up to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front façade of the
main structure, but may not encroach into the required
front yard.
(d) Minimum Floor Space. Each one story dwelling constructed on a
Type A Lot shall contain a minimum of one thousand, eight hundred
(1800) square feet of floor space; two story dwellings shall be a
minimum of two thousand (2000) square feet. Floor space shall
include air-conditioned floor areas, exclusive of porches, garages,
patios, terraces or breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type A Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type A Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
Item 6
18
(i) Garages.
(1) Homes shall have a minimum of two (2) car garages but
no more than three (3). No carports shall be permitted.
(2) Homes with three (3) garages shall not have more than
two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the
following details:
(a) Single garage doors separated by column (in
place of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware
(j) Plate Height. Each structure on a Type A Lot shall have a minimum
principal plate height of 9’ on the first floor.
(k) Fencing. Fences, walls and/or hedges on Type A Lots shall be
constructed to meet the following guidelines.
(1) All Type A Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot
in height, abutting said Open Space or park land.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with
galvanized steel posts, 8 foot OC. A common fence stain
color as well as fence detail shall be established for the
community by the developer.
(3) Corner lots adjacent to a street require 18” masonry
columns be placed at 21 feet OC.
(4) No fencing shall extend beyond a point ten feet (10’)
behind the front wall plane of the structure into the front
yard.
(l) Landscaping.
(1) Corner lots adjacent to a street require additional trees
be planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with
grass and irrigated by an ET irrigation system.
Item 6
19
(m) Accessory Structures. Accessory structures used as a garage, a
garage apartment, or guest house, will not be allowed.
2. Type B Lots: The area and building standards for Type B Lots are as follows
and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type B Lots shall be
eight thousand one hundred twenty five (8125) square feet. A typical
lot will be 65’ x 125’, but may vary as long as the requirements in
Table 1 are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type B Lots shall be
sixty-five (65) feet as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of fifty-five (55) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type B Lots shall be twenty-five (25) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type B Lots shall be seven (7) feet. For corner
lots, the minimum sideyard setback shall be fifteen (15) feet.
(3) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards up
to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing garages
are permitted to extend to the front façade of the main
structure, but may not encroach into the required front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type B Lot shall contain a minimum of two thousand three hundred
(2300) square feet of floor space; two story dwellings shall contain a
minimum of two thousand six hundred fifty (2650) square feet of floor
space. Floor space shall include air-conditioned floor areas, exclusive
of porches, garages, patios, terraces or breezeways attached to the
main dwelling.
(e) Height. The maximum height for structures on Type B Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type B Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
Item 6
20
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementatious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Garages.
(1) Homes shall have a minimum of two (2) car garages but no
more than three (3). No carports shall be permitted.
(2) Homes with three (3) car garages shall not have more than
two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the following
details:
(a) Single garage doors separated by a column (in
place of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(j) Plate Height. Each structure on a Type B Lot shall have a minimum
principal plate height of 9’ on the first floor.
(k) Fencing. Fences, walls and/or hedges on Type B lots shall be
constructed to meet the following guidelines.
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21
(1) All Type B Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot in
height, abutting said open space or park land.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with galvanized
steel posts, 8 foot OC. A common fence stain color as well
as fence detail shall be established for the community by the
developer.
(3) Corner lots adjacent to a street require 18” masonry columns
be placed at 21 feet OC.
(4) No fencing shall extend beyond a point ten feet (10’) behind
the front wall plane of the structure into the front yard.
(l) Landscaping.
(1) Corner lots adjacent to a street require additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass
and irrigated by an ET irrigation system.
(m) Accessory Structures. Accessory structures used as a garage, a
garage apartment, a storage building or guest house, will not be
allowed.
3. Type C Lots: The area and building standards for Type C Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type C Lots shall be
ten thousand two hundred sixty (10260) square feet. A typical lot will
be 76’ x 135’, but may vary as long as the requirements of Tables 1
and 2 are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type C Lots shall be
seventy-six (76) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may a
minimum width of sixty-six (66) feet at the front setback provided all
other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type C Lots shall be thirty (30) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type C Lots shall be eight (8) feet. For corner
lots, the minimum sideyard setback shall be fifteen (15) feet.
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22
(3) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards up
to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing garages
are permitted to extend to the front façade of the main
structure, but may not encroach into the required front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type C Lot shall contain a minimum of two thousand five hundred
(2500) square feet of floor space; each two story dwelling shall
contain a minimum of three thousand (3000) square feet of floor
space. Floor space shall include air-conditioned floor areas, exclusive
of porches, garages, patios, terraces or breezeways attached to the
main dwelling
(e) Height. The maximum height for structures on Type C Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type C Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute twenty (20) percent of
the area for stories other than the first story. However, cementatious
fiber board may not be used as a façade cladding material for portions
of upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Roofing. The main roof pitch of any structure shall have a minimum
slope of 10” in 12”.
Item 6
23
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no
more than four (4). No carports shall be permitted.
(2) Homes with three (3) or four (4) garages shall not have more
than two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the following
details:
(a) Single garage doors separated by a column (in pace
of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type C Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type C Lots shall be
constructed to meet the following guidelines.
(1) All Type C Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot in
height, abutting said open space or park land.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with galvanized
steel posts, 8 foot OC. A common fence stain color as well
as fence detail shall be established for the community by the
developer.
(3) Corner lots adjacent to a street require 18” masonry columns
be placed at 21 feet OC.
(4) No fencing shall extend beyond a point fifteen feet (15’)
behind the front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sided with grass
and irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, storage or a guest house will not be allowed.
Item 6
24
4. Type D Lots: The area and building standards for Type D Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type D Lots shall be
eleven thousand six hundred ten (11610) square feet. A typical lot will
be 86’ x 135’, but may vary as long as the requirements in Table 1 are
accommodated.
(b) Minimum Lot Width. The minimum lot width for Type D Lots shall be
eighty-six (86) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of seventy-six (76) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Frontyard Setback: The minimum frontyard
setback for Type D Lots shall be thirty (30) feet.
(2) Minimum Sideyard Setback: The minimum sideyard
setback for Type D Lots shall be eight (8) feet. For corner
lots, the minimum sideyard setback shall be fifteen (15) feet.
(3) Minimum Rearyard Setback: The minimum rearyard
setback shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and
porches may encroach into required front and rear yards up
to five (5) feet. Swing-in garages may encroach into
required front yards up to ten (10) feet. Front facing garages
are permitted to extend to the front façade of the main
structure, but may not encroach into the required front yard.
(d) Minimum Floor Space. Each single story dwelling constructed on a
Type D Lot shall contain a minimum of three thousand (3000) square
feet of floor space; each two story dwelling constructed on a Type D
Lot shall contain a minimum of three thousand five hundred (3500)
square feet of floor space. Floor space shall include air-conditioned
floor areas, exclusive of porches, garages, patios, terraces or
breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type D Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type D Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
Item 6
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(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementatious fiber board is
considered masonry, but may only constitute twenty (20) percent of
the area for stories other than the first story. However, cementatious
fiber board may not be used as a façade cladding material for portions
of upper stories that are in the same vertical plane as the first story.
Cementatious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementatious fiber board or any other siding material will be
allowed on any front elevation nor on any side/rear elevation which is
visible from an adjacent community street, common area, open space,
park or perimeter.
(h) Windows. All window framing shall be bronzed, cream, sand or white
anodized aluminum, vinyl or wood.
(i) Roofing. The main roof pitch of any structure shall have a minimum
slope of 10” in 12”.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no
more than four (4). No carports shall be permitted.
(2) Homes with three (3) or four (4) garages shall not have more
than two (2) garage doors facing the street.
(3) All garage doors shall incorporate three (3) of the following
details:
(a) Single garage doors separated by a column (in place
of one double garage door)
(b) Cedar clad garage doors
(c) Cedar trim garage doors
(d) Carriage style doors with ornamental hardware.
(k) Plate Height. Each structure on a Type D Lot shall have a minimum
principal plate height of 10’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type D lots shall be
constructed to meet the following guidelines.
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(1) All Type D Lots backing or siding to Open Space or park
land shall have a decorative metal fence, minimum 4 foot in
height, abutting said open space.
(2) All other fencing shall be constructed of cedar, board-to-
board with a top rail, and shall be supported with galvanized
steel posts, 8 foot OC. A common fence stain color as well
as fence detail shall be established for the community by the
developer.
(3) Corner lots adjacent to a street require 18” masonry columns
be placed at 21 feet OC.
(4) No fencing shall extend beyond a point fifteen feet (15’)
behind the front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass
and irrigated by an ET irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, storage or guest house will not be allowed.
Item 6
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1870 Single Family Homes*
*The maximum total number of lots allowed per this ordinance is 1870; west of
Legacy, the maximum number of lots allowed per this ordinance is 750; east
of Legacy, the maximum number of lots allowed per this ordinance is 1120.
**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 1870 lots.
TABLE 1
Lot Type A Lot Type B Lot Type C Lot Type D
Min. permitted lot
sizes
6875 sq. ft. 8125 sq. ft. 10260 sq. ft. 11610 sq. ft.
Min. permitted
number of lots
No minimum. No minimum. 231 143
Max. permitted
number of lots
709** 784** No maximum. No maximum.
Min. Front Yard 25 ft. 25 ft. 30 ft. 30 ft.
Min. Side Yard
Corner Lot
7 ft.
15 ft.
7 ft.
15 ft.
8 ft.
15 ft.
8 ft.
15 ft.
Min. Rear Yard 25 ft. 25 ft. 25 ft. 25 ft.
Max. building
Height
40 ft. 40 ft. 40 ft. 40 ft.
Max. Lot Coverage 55% 50% 45% 45%
Min. Lot Width 55 ft. 65 ft. 76 ft. 86 ft.
Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft.
Min. Dwelling Area 1800 sq. ft. single
story
2000 sq. ft. two
story
2300 sq. ft. single
story
2650 sq. ft. two
story
2500 sq. ft. single
story
3000 sq. ft. two
story
3,000 sq. ft. single
story
3500 sq. ft. two
story
Item 6
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III. Retail Tracts
A. General Description: The areas identified as Retail Tracts will provide the
ability to encourage and to accommodate the development of office and retail
service centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas may develop under the standards for
Retail and Office districts as contained within the Town of Prosper Zoning
Ordinance as it exists or may be amended, subject to the specific provisions
contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail
and Office districts of the Town of Prosper Zoning Ordinance, the following uses
shall be permitted in the retail areas indicated on Exhibit “D”:
1. Hotels
2. Auto Sales/Leasing and Service S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1.
D. Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings and Hospitals located within
the retail tracts shall be eight (8) stories, not greater than one hundred (100)
feet. All other uses shall be limited to two (2) stories, not greater than forty
(40) feet.
b. Non-residential buildings located within one hundred fifty feet (150’) of a
single-family zoned area shall be limited to a maximum height of two (2)
stories.
c. Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas. These
additional setbacks will require one foot (1’) of setback, beyond the
aforementioned one hundred fifty feet (150’), for each additional foot of
building height above two (2) stories.
E. Lot Area: The minimum area of any lot shall be ten thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than fifty percent (50%) of the total lot area
be covered by the combined area of the main buildings. Parking structures and
surface parking facilities shall be excluded from the coverage computations.
Item 6
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Exhibit D
Concept Plan
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30
Exhibit E
Development Schedule
Barring any unforeseen changes in the current market or economic conditions it is
currently anticipated that the development of StarTrail will begin immediately upon
approval and adoption of this zoning ordinance. The initial phase of residential
development would be completed within approximately twelve months following
ordinance adoption. The following phases of construction will be largely dependent
upon market demand however, it is currently anticipated that additional residential
phases will be completed at approximate twelve month intervals. Under this scenario
the residential portion of this development could be completed within twelve to fifteen
years following approval of the zoning ordinance.
The commercial portion of the project will also be dependent upon market conditions as
well as additional development throughout the area including the construction of the
Dallas North Tollway. It is expected that some initial commercial projects will be
completed within the next ten years however, full build-out of the commercial sites may
not occur for 15 years or more.
There are numerous factors that may have additional impacts upon the development
schedule that are beyond the control of the developer. Among these are housing and
commercial market conditions, economic and financial conditions, construction
materials and labor availability, acts of nature and other similar conditions.
Item 6
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Exhibit F -
CONCEPTUAL SINGLE FAMILY ELEVATIONS - 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 StarTrail.
55 Ft. Lot Product -
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65 Ft. Lot Product -
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76 Ft. Lot Product -
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86 Ft. Lot Product -
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86 Ft. Lot Product (cont’d.) -
Item 6
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 PKWYFISHTRAP RD
PROSPER RD
S DALLAS PKWYCLEARWATER DR ±0 500 1,000 1,500
Feet
1 inch = 1,000 feet
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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 Cima Blvd.
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.
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Page 1 of 10
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 621.1± acres, located
on the northeast and northwest corners of US 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 Town Council held a work session to discuss the zoning application on April 30, 2014. On
May 7, 2014, the applicant submitted revised zoning exhibits. The applicant has summarized
the revisions to the zoning exhibits in the attached document titled “Gates PD updates 5-07-14.”
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
Subject
Property
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
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 10
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 US 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. 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. 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%. PD-3 allows for a
maximum building height of eight stories. 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.
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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 or exceed the Town’s Zoning Ordinance.
The PD requires a minimum of 25% of the front and side facades to be natural or manufactured
stone and limits the use of painted and textured concrete tilt wall to 50% of the front facade and
75% of side facades.
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
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 proposed maximum floor area ratio (FAR) for office and mixed use development in the PD
is 5:1, which is greater than those allowed in the Town’s Zoning Ordinance. This allows for an
urban development pattern. 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 600 multifamily units. 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. Subdistrict 2 also allows for the development of up to a maximum of 150
Item 7
Page 4 of 10
townhome units. 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 and townhome development, allowing
construction of up to 300 multifamily units and 150 townhome units once at least 300,000
square feet of retail development has received Certificates of Occupancy from the Town. Upon
issuance of Certificates of Occupancy for at least 600,000 square feet of retail, the developer
may construct up to a total of 600 multifamily units. 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 non-residential building materials and architectural standards are generally
consistent with or exceed the Town’s Zoning Ordinance, except for allowing stucco as a primary
building material. The PD requires a minimum of 25% of the front and side facades to be natural
or manufactured stone and limits the use of painted and textured concrete tilt wall to 50% of the
front facade and 75% of side facades.
The permitted multifamily and townhome building materials and architectural standards are
generally consistent with or exceed the Town’s Zoning Ordinance. The PD requires a minimum
of 20% of the front and side facades of multifamily buildings to be natural or manufactured stone
or integral color split-faced block. 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:
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 (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 that 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.
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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 units and 150
townhome units. However, the maximum number of multifamily units in the entire PD District is
600 units and the maximum number of townhome units in the entire PD District is 150 units. The
multifamily and townhome units shall develop under the same standards and timing
requirements at those in Subdistrict 2.
The permitted non-residential building materials and architectural standards are generally
consistent with or exceed the Town’s Zoning Ordinance, except for allowing stucco as a primary
building material. The PD requires a minimum of 25% of the front and side facades to be natural
or manufactured stone and limits the use of painted and textured concrete tilt wall to 50% of the
front facade and 75% of side facades.
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 within 750 feet
of First Street shall exceed 4 stories (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.
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Proposed
PD-SF
SF-10
(For Comparison Purposes)
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%
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 should include a mixture of land uses,
but development should be less intense than that located along US 380 and the Dallas North
Tollway. Retail, small scale office, and residential uses should 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
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Page 7 of 10
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, US 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 US 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
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 US 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.
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 US 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:
Notification was provided to neighboring property owners as required by state law. Town staff
has received seventeen public hearing notice reply forms, with twelve in opposition.
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Attached Documents:
1. Gates PD updates 5-07-14
2. Revised Zoning Exhibits A, B, C, D, E, and F
3. Zoning map of the surrounding area
4. PD-2
5. PD-3
6. PD-13
7. Future Land Use Plan
8. Pages 32, 41-43, and 54-56 of the Comprehensive Plan
9. Public hearing notice reply forms.
Planning & Zoning Commission Recommendation:
At their April 15, 2014, meeting, the Planning & Zoning Commission recommended the Town
Council approve a request to rezone 621.1± acres, located on the northeast and northwest
corners of US 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), by a vote of 6-1, 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 textured or painted exposed concrete tilt wall;
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 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 tilt wall; and
9. Eliminate any automobile repair uses and any outside storage for any Big Box structure.
Motion approved 6-1 with Commissioner 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.
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Page 9 of 10
Town Staff Recommendation:
Town staff recommends the Town Council 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. Subdistricts 2 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 Town Council
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. Location Requirements for Townhomes – The proposed PD does not include restrictions on the
location of townhomes within Subdistrict 2 or 3.
3. 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 is 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 dwelling units per acre.
4. Timing Requirements for Multifamily and Townhome Construction – The PD does include timing
requirements for multifamily and townhome development, allowing construction of up to 300
multifamily units and 150 townhome units once at least 300,000 square feet of retail development
has received Certificates of Occupancy from the Town. Upon issuance of Certificates of
Occupancy for at least 600,000 square feet of retail, the developer may construct up to a total of
600 multifamily units. The existing zoning requires the developer complete the single family
residential tract (Subdistrict 4) and six acres of retail development prior to the development of the
multifamily units. The proposed PD does not require the developer to complete the single family
residential tract (Subdistrict 4) prior to the development of the multifamily units.
5. 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 Town Council has considered the previous list of items and the conditions listed in the
Planning & Zoning Commission’s recommendation, Town staff recommends the Town Council
approve the request to rezone 621.1± acres, located on the northeast and northwest corners of
US 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).
Proposed Motion:
I move to approve the request to rezone 621.1± acres, located on the northeast and northwest
corners of US 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-
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Page 10 of 10
15 (SF-15) to Planned Development-Single Family-10/Townhome/Multifamily/Office/Retail/
Commercial (PD-SF-10/TH/MF/O/R/C) subject to: (list any conditions of approval here)
Item 7
Item 7
Item 7
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 BY MULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED 10/30/2013 2:10 PM
Scale 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
Item 7
&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 BY MULLINIX, JUDD 10/30/2013 2:25 PM LAST SAVED 10/30/2013 2:10 PM
Scale 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%XUOLQJWRQ1RUWKHUQ5DLOURDG1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRU
corner;
THENCE leaving the centerline of the Burlington Northern Railroad, the following courses and distances two wit:
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1RUWK
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THENCE with the centerline of First Street, the following courses and distances to wit:
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6RXWK
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1RUWK
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THENCE leaving said centerline, the following courses and distances to wit:
6RXWK
:HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
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THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&ROHPDQ6WUHHW
THENCE ZLWKWKHFHQWHUOLQHRIVDLG&ROHPDQ6WUHHW6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRI&UDLJ5RDG
THENCE ZLWKWKHFHQWHUOLQHRIVDLG&UDLJ5RDG1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said centerline, the following courses and distances to wit:
1RUWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG)LUVW6WUHHW
THENCE ZLWKWKHFHQWHUOLQHRI)LUVW6WUHHW1RUWK
(DVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
THENCE leaving the centerline of said First Street, the following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
6RXWK
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1RUWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHULQWKHHDVWULJKWRIZD\OLQHRI3UHVWRQ5RDG 6WDWH+LJKZD\
variable width ROW);
THENCEZLWKVDLGHDVWULJKWRIZD\OLQH6RXWK
:HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
THENCE leaving said east right-of-way line, he following courses and distances to wit:
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHULQWKHFHQWHUOLQHRIVDLG86+LJKZD\
THENCE with said centerline, the following courses and distances to wit:
6RXWK
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:HVWDGLVWDQFHRI IHHWWRWKH 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
Item 7
Item 7
K:\FRI_Civil\68109005-Gates Zoning\MK Files from Dallas\Planning\PD Ordinance\Gates of Prosper PD Ord_7th 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
Resubmittal May 2014
Item 7
Planned Development No. ____ P a g e | ii May 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.
Item 7
Planned Development No. ____ P a g e | iii May 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”)
Item 7
Planned Development No. ____ P a g e | 1 May 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.
Item 7
Planned Development No. ____ P a g e | 2 May 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’.
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Item 7
Planned Development No. ____ P a g e | 3 May 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;
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Planned Development No. ____ P a g e | 4 May 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.
Item 7
Planned Development No. ____ P a g e | 5 May 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}
Item 7
Planned Development No. ____ P a g e | 6 May 2014
EXHIBIT “C”
Planned development standards
Item 7
Planned Development No. ____ P a g e | 7 May 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 needs of the new
residents as well as the existing residents in the general area. Terms used in this ordinance 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).
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Planned Development No. ____ P a g e | 8 May 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 intended 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.
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Planned Development No. ____ P a g e | 9 May 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 the Town’s zoning ordinance.
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. Textured and painted concrete tilt-wall shall
be limited to 50% on the front façade and 75% on
the side façades. 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-five (25) percent of the front and side façades shall be natural or
manufactured stone. A minimum of ten (10) percent of the rear façade shall be
natural or manufactured stone if facing a public right-of-way unless a landscape
screen consisting of a double row of evergreen canopy trees is provided along the
right-of-way or an eight (8) foot masonry screening wall is provided along the right-
of-way.
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Planned Development No. ____ P a g e | 10 May 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.
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Planned Development No. ____ P a g e | 11 May 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.
Item 7
Planned Development No. ____ P a g e | 12 May 2014
Item 7
Planned Development No. ____ P a g e | 13 May 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 nonresid ential 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
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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 multi-family
residential dwelling units allowed within Sudistrict 2 shall be 600 units. However, the
maximum allowed number of multifamily units in this subdistrict shall be reduced by the
number of multifamily dwelling units constructed in any other subdistrict, such that the
maximum allowable number of multifamily units for this Planned Development District
does not exceed 600 units. The maximum number of townhome dwelling units allowed
within Sudistrict 2 shall be 150 units. However, the maximum allowed number of
townhome units in this subdistrict shall be reduced by the number of townhome units
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constructed in any other subdistrict, such that the maximum allowable number of
townhome units for this Planned Development District does not exceed 150 units.
3.2.4 Timing Requirements for Multifamily Construction. Upon the issuance by the Town of
Certificates of Occupancy for at least 300,000 square feet of retail development the
developer may construct up to 300 multifamily units and up to 150 Townhome units.
Upon the issuance by the Town of Certificates of Occupancy for at least 600,000 square
feet of retail the developer may construct up to a total of 600 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:
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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
(non-residential building types only), and
stucco (only allowed 9’ above grade).
Textured and painted concrete tiltwall shall be limited to 50% on the front
façade and 75% on the side façades. Windows, doors, porches, gables,
balconies and accent materials shall be excluded from the façade area for the
purposes of calculating primary building materials.
2. The front and side facades of all multifamily buildings shall be finished with
a minimum twenty (20) percent natural or manufactured stone or integral
color split-faced rock.
3. The front and side facades of all non-residential buildings shall be finished
with a minimum of twenty-five (25) percent natural or manufactured stone.
4. Windows, doors, porches, gables, balconies and accent materials shall be
excluded from the façade area for the purposes of calculating primary
building materials.
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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.
2. Townhomes shall be a minimum of two stories.
3. Each townhome unit shall have an attached garage. Garages shall open to
the rear of the townhome and shall not face the public right-of-way.
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.
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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:
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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.
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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.
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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.
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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.
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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 1 5
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 mi nimum 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.
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6. 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. Me tal 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).
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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 units for all Subidstricts may not exceed 600 units. The
maximum number of Townhome units in Subdistrict 3 shall be 150 units. However, the
maximum combined number of Townhome units in all subdistricts may not exceed 150
units. 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 the issuance by the Town of
Certificates of Occupancy for at least 300,000 square feet of retail development the
developer may construct up to 300 multifamily units and up to 150 Townhome units.
Upon the issuance by the Town of Certificates of Occupancy for at least 600,000 square
feet of retail the developer may construct up to a total of 600 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
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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 the Town’s zoning ordinance.
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
(non-residential building types only), and stucco (only allowed 9’ above
grade). Textured and painted concrete tiltwall shall be limited to 50% on the
front façade and 75% on side façades. Windows, doors, porches, gables,
balconies and accent materials shall be excluded from the façade area for the
purposes of calculating primary building materials.
2. The front and side facades of all multifamily buildings shall be finished with
a minimum twenty (20) percent natural or manufactured stone or integral
color split-faced block.
3. The front and side facades of all non-residential buildings shall be finished
with a minimum of twenty-five (25) percent natural or manufactured stone.
4. Windows, doors, porches, gables, balconies and accent materials shall be
excluded from the façade area for the purposes of calculating primary
building materials.
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5. 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.
2. Townhomes shall be a minimum of two stories.
3. Each townhome unit shall have an attached garage. Garages shall open to
the rear of the townhome and shall not face the public right-of-way.
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.
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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 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
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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
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.
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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.
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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.
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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:
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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 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
demonstrate that any parking reduction requested as part of the shared parking study
will not result in the spillover of parking onto other properties.
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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 except as specified in other
sections of this ordinance. 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.
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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 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.
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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.
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(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.
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(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
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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
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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
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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.
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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
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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}
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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.
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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
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Planned Development No. ____ P a g e | 49 May 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.
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Planned Development No. ____ P a g e | 50 May 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}
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Planned Development No. ____ P a g e | 51 May 2014
7.0 INFRASTRUCTURE DESIGN STANDARDS
7.1 GENERAL
Due to the unique and dynamic nature of Town Center 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.
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Planned Development No. ____ P a g e | 52 May 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
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Planned Development No. ____ P a g e | 53 May 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.
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EXHIBIT “E”
Development Schedule
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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 3000,000 square feet of
commercial/retail development has been issued certificates of occupancy by the Town. 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 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.
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EXHIBIT “F”
SUPPLEMENTAL DESIGN GUIDELINES
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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 reinforce 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.
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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.
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Planned Development No. ____ P a g e | 59 May 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.
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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.
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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.
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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.
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APPENDIX A—ZONING EXHIBIT & LEGAL DESCRIPTION
EXHIBIT “a”
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APPENDIX B—CONCEPTUAL DEVELOPMENT PLAN
EXHIBIT “D”
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W FIRST ST
W UNIVERSITY DR
E FIRST ST
PRESTONRDS PRESTON RDS COLEMAN STE UNIVERSITY 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
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·,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
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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
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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
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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
Item 7
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
Item 7
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;
Item 7
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;
Item 7
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.
Item 7
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 Item 7
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
Item 7
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
Item 7
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
Item 7
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
Item 7
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
Item 7
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
Item 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
Item 7
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
Item 7
\
\
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
Item 7
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
Item 7
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.
Item 7
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.
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Z
0 0.5 1 1.50.25
Miles Plate 2
FutureLand UsePlan
July 2012
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Parvin Rd.F.M. 1385GeeFish Trap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.
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.
Item 7
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.
Item 7
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.
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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.
Item 7
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
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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.
Item 7
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.
Item 7
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.
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Page 1 of 1
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 13, 2014
Agenda Item:
Consider and act upon a resolution requesting the Texas Department of Transportation restrict
commercial vehicle traffic along eastbound Frontier Parkway (FM 1461) between Preston Road
(SH 289) and Custer Road (FM 2478).
Description of Agenda Item:
This resolution is being requested in the interest of public safety, and staff strongly believes that
the prohibition of truck and other commercial vehicle traffic along this portion of Frontier Parkway
(FM 1461) will enhance the safety of the residents of the Town of Prosper. The City of Celina is
also discussing this matter.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached Resolution.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Staff recommends that the Town Council adopt a resolution requesting the Texas Department of
Transportation restrict commercial vehicle traffic along eastbound Frontier Parkway (FM 1461)
between Preston Road (SH 289) and Custer Road (FM 2478).
Proposed Motion:
I move to approve a resolution requesting the Texas Department of Transportation restrict
commercial vehicle traffic along eastbound Frontier Parkway between Preston Road (SH 289)
and Custer Road (FM 2478).
Prosper is a place where everyone matters.
POLICE
Item 8
TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REQUESTING THAT THE TEXAS DEPARTMENT OF
TRANSPORTATION RESTRICT COMMERCIAL VEHICLE TRAFFIC ALONG
EASTBOUND FRONTIER PARKWAY (FM 1461) BETWEEN PRESTON ROAD
(SH 289) AND CUSTER ROAD (FM 2478); MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, although regulation of state highways is within the purview of the State of
Texas and the Texas Department of Transportation, among others, the Town has serious
concerns about the safety of its residents and the traveling public due to the truck and other
commercial vehicle traffic on that portion of FM 1461 (also known as Frontier Parkway) within
the Town of Prosper; and
WHEREAS, the Town strongly believes that the prohibition of truck and other
commercial vehicle traffic on that portion of FM 1461 located in the Town would enhance public
safety and be in the best interests of the residents of the Town as well as the traveling public,
and it is the request of the Town to the State of Texas, through the Texas Department of
Transportation, that truck and other commercial vehicle traffic be prohibited on that portion of
FM 1461 located in the Town of Prosper.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
In the interests of public health and safety, the Town Council hereby respectfully
requests that the State of Texas, through the Texas Department of Transportation or other
applicable State agency, prohibit truck and other commercial vehicle traffic on that portion of FM
1461 (the eastbound lanes of said roadway) located in the Town of Prosper.
SECTION 3
The Town Secretary is hereby directed to forward this Resolution, after adoption, to the
appropriate agency of the State of Texas.
SECTION 4
This Resolution is effective immediately upon its passage.
Item 8
Resolution No. 14-__, Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 13TH DAY OF MAY, 2014.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 8