07.11.23 Town Council Regular Meeting PacketPage 1 of 3
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Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link:
https://prospertx.new.swagit.com/views/378/
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the meeting shall be removed from the room, if
so directed by the Mayor or presiding officer, and the person shall be barred from further audience
before the Town Council during that session. Disruption of a public meeting could constitute a
violation of Section 42.05 of the Texas Penal Code.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation of a Proclamation declaring the month of July Parks and Recreation
Month. (DB)
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.
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, July 11, 2023
6:15 PM
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2. Consider and act upon the minutes from the June 27, 2023, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes from the June 27, 2023, Town Council Regular
minutes. (MLS)
4. Consider and act upon a resolution making written and evidentiary findings relative to
the denial of a request from Anthemnet for a Specific Use Permit (SUP) for a
commercial antenna on the south side of Prosper Trail west of Preston Country Lane.
(TW)
5. Consider and act upon approving the purchase and installation of Mixing Tank
Systems from Axis Construction, L.P., through the BuyBoard Purchasing Cooperative;
and authorizing the Town Manager to execute documents for the same. (FJ)
6. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town of
Prosper, Texas, related to the design of the Dallas North Tollway Water Line
Relocation project. (HW)
7. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Spiars Engineering & Surveying, Inc., and
the Town of Prosper, Texas, related to the design of the Preston Road (SH 289) and
First Street Dual Left Turn Lanes project. (HW)
8. Consider and act upon approving Change Order Number 02 for CSP 2022-48-B to
Mario Sinacola & Sons Excavating, Inc., related to construction services for the First
Street (Coit-Custer) 4 Lane project; and authorizing the Town Manager to execute
Change Order Number 02 for same. (HW)
9. Conduct a public hearing and consider and act upon a request by St. Martin de Porres
Catholic Church for a Specific Use Permit (SUP) for Temporary Buildings on 8.2±
acres, located north of US-380, west of South Teel Parkway. (ZONE-23-0009) (DS)
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 Comment
Request Form” and present it to the Town Secretary prior to the meeting. Please limit your
comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their
three minutes to one individual appointed to speak on their behalf. All individuals yielding their
time must be present at the meeting, and the appointed individual will be limited to a total of 15
minutes.
REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened.
[If you wish to address the Council, please fill out a “Public Comment Request Form” and
present it to the Town Secretary, preferably before the meeting begins.
Items for Individual Consideration:
10. Conduct a public hearing and consider and act upon a request to rezone 34.7± acres
from Commercial District (C) to a new Planned Development for Mixed Use, located
northside of Prosper Trail and west of Dallas Parkway. (Z22-0019) (DS)
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11. Discuss and consider Town Council Subcommittee reports. (DBF)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
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.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, July 7, 2023, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 5:00 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Craig Andres arrived at 5:08 p.m.
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Deputy Town Manager
Robyn Battle, Executive Director
Chuck Ewings, Assistant Town Manager
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
Ryan Patterson, Assistant Director of Finance
James Edwards, Director of Human Resources
Dan Baker, Parks and Recreation Director
David Hoover, Development Services Director
Whitney Rehm, Grants Administrator
Lindy Higginbotham, Senior Engineer
Stuart Blasingame, Fire Chief
Scott Brewer, Assistant Police Chief
Items for Individual Consideration
1. Discuss the preliminary 2023-2024 fiscal year Budget. (RBS)
Mr. Landrum introduced the item indicating topics of discussion.
Mr. Edwards provided a preliminary overview of salary benchmarks for Police, Fire,
and general employees based on comparison cities along with cost projections.
The Town Council discussed if the steps were calculated for Police and Fire,
whether to consider looking at each individual position versus an across-the-board
approach for adjustments, if performance evaluations are conducted, and the
impact of any changes. The Town Council requested for the Finance Subcommittee
to meet to evaluate the impacts based on looking at each individual position and
reducing the steps within Police and Fire.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, June 27, 2023
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Mr. Landrum presented considerations for Public Arts funding including potential
funding sources, typical categories of each, and administration of such funds. Town
Council consensus was not to pursue a public art program at this time due to the
priority on road and infrastructure projects. The Council agreed to consider
appointing a Public Art Committee to study the issue at some point in the future.
Councilmembers were generally not in favor of using bond funds for public art
projects, but there was support for using cell tower lease and/or hotel occupancy
tax revenue if a program were to be implemented.
Mr. Landrum also presented considerations for Not-for-profit funding. He
highlighted organizations currently within the Town of Prosper, and examples of
what to include when managing these types of funds.
The Town Council discussed organizations currently within the Town that are
supported by various events and how to determine participation within each one,
as well as having an event in the spring where all organization are brought together.
The Town Council requested staff to gather inventory/information of how the Town
currently participates with each organization in order to provide back to the Town
Council.
Adjourn.
The meeting was adjourned at 5:56 p.m.
These minutes were approved on the 11th day of July 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Craig Andres
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Deputy Town Manager
Robyn Battle, Executive Director
Chuck Ewings, Assistant Town Manager
Mary Ann Moon, Economic Development Director
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Pete Anaya, Assistant Director of Engineering
Frank Jaromin, Public Works Director
Lindy Higginbotham, Senior Engineer
Chris Landrum, Finance Director
Jay Carter, Purchasing Manager
Dan Baker, Parks & Recreation Director
Leslie Scott, Library Services Director
Todd Rice, Communications Manager
David Soto, Planning Manager
Jessika Hotchkin, Help Desk Technician
Kellen Land, Help Desk Technician
Eric Men, Help Desk Technician
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Matt Lankenau with Gateway Church led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
The annual Pride in the Sky Independence Day Celebration held by Cedarbrook Media will take
place on Saturday, July 1 at Frontier Park. Festivities begin at 5:00 p.m. and will include live
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, June 27, 2023
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Item 3.
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music, Kid Zones, food, games, and fireworks set to music. Come out for a night of celebration
and fun.
A reminder that Town Hall Offices will be closed on Tuesday, July 4 for the Independence Day
Holiday. Due to the holiday, residents whose trash service falls on Tuesday will be delayed by
one day.
The Discover Downtown series continues Saturday, July 22 with Coffee & Chrome, a car show
which will be hosted in the Prosper Town Hall parking lot from 7:30 a.m. to 10:30 a.m. This
event will showcase vehicles and exhibits with car-related products and services. All vehicles
are welcome and there is no charge to participate. Applications are being accepted for those
interested in being part of the event. Visit the Town’s website for more information.
Residents can now register for summer camps offered through the Parks and Recreation
Department. Visit the Town’s website for more information.
The summer season of the Mayor’s Fitness Challenge is underway and lasts through August
31. Stay engaged in your commitment to fitness by receiving emails about fun giveaways and
promotions from our summer fitness partners. Register now to be included in the first giveaway,
a Nutrition Workshop led by Lynne Lenhart. Visit the Parks and Recreation website page to
register along with additional information regarding this year’s challeng e.
Lastly, our Prosper Community Library staff, Sharon Alderton and Leslie Scott presented a
poster session at the American Library Association Annual Conference on June 25th. Their
poster titled “You can do it! Planning, marketing, and presenting opportunities for children and
families with special needs” had over 300 attendees where staff received feedback and had
conversations regarding their programs designed specifically for these children and families.
Deputy Mayor Pro-Tem Ray announced the library parade on Thursday.
Mayor Bristol expressed appreciation to the Fire Department for allowing him to spend the day
with them and experience being on the ladder truck.
Presentations.
1. Receive an update regarding the road construction project located at First Street
and Coit Road. (HW)
Mr. Webb introduced Brad Missler, Vice President of Operations with Sinacola. Mr.
Missler presented an update including an aerial overview of the status of the road
project. Mr. Missler ensured the Town Council the accelerated project would be
completed by August 8.
Mr. Todd Shirley, Chief of Construction and Design for Prosper ISD stated they were
pleased with the work thus far and the appreciation of accelerating this project. The ISD
will take ownership of the school on August 1 with school beginning on August 9.
2. Receive an update on Parks and Recreation projects. (DB)
Mr. Baker provide an update on the following Parks and Recreation projects including
Raymond Community Park, the Lakewood Preserve development, Pecan Grove Park,
and the Parks and Recreation Department accreditation.
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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 at the request of Council Members or staff.
3. Consider and act upon the minutes from the June 13, 2023, Town Council
Work Session meeting. (MLS)
4. Consider and act upon the minutes from the June 13, 2023, Town Council
Regular meeting. (MLS)
5. Consider acceptance of the October, November, and December 2022 monthly
financial reports and quarterly financial summary. (CL)
6. Consider adoption of Resolution 2023-43 directing publication of notice of
intention to issue certificates of obligation for the purpose of funding costs
associated with the construction of water and wastewater improvements. (CL)
7. Consider and act upon approving the purchase of miscellaneous water and
wastewater materials from Fortiline Waterworks, utilizing NCPA Contract
Number 02-76; and authorizing the Town Manager to execute documents for
the same. (FJ)
8. Consider and act upon authorizing the Town Manager to execute a Relocation
Agreement between Atmos Energy Corporation, and the Town of Prosper,
Texas, related to the relocation of approximately 650-feet of 6-inch Steel Gas
Pipeline Crossing Gee Road to serve the Gee Road (Fishtrap – Windsong
Retail) project. (HW)
9. Consider and act upon authorizing the Town Manager to execute a
Professional Engineering Services Agreement between Kimley-Horn and
Associates, Inc., and the Town of Prosper, Texas, related to the design of the
Gee Road (US 380 – FM 1385) project. (HW)
10. Consider and act upon authorizing the Town Manager to execute an Interlocal
Cooperation Agreement between Denton County, Texas, and the Town of
Prosper, Texas, related to the engineering, right-of-way acquisition, utility
relocations, inspections, and construction of Gee Road (FM 1385) as a six-lane
divided urban roadway between US 380 and FM 1385. (HW)
11. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit (SUP) for a new Wireless Communications and Support Structure,
on .1± acre, located on the south side of Frontier Parkway, west of Talon Lane.
(ZONE-23-0008) (DS)
12. Conduct a public hearing and consider and act upon a request to rezone 0.3±
acres from Single Family-15 (SF-15) to Downtown Retail (DTR), on Lots 3-5,
located south of Fifth Street and East of Main Street. (ZONE-23-0001) (DS)
13. Consider and act upon Ordinance 2023-39 to rezone 5.7± acres from Office (O)
to Planned Development-Office (PD-O), located on the west side of Mahard
Parkway, south of Prairie Drive, specifically to allow for a limited-service hotel.
(Z22-0002) (DS)
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14. Consider and act upon authorizing the Town Manager to execute a
Development Agreement between Prosper Premier Hotel LLC and the Town of
Prosper, related to the Prosper Center Development, located on the west side
of Mahard Parkway, south of Prairie Drive, specifically to allow for a limited-
service hotel. (DEVAGRE-23-0010) (DS)
15. Consider and act upon whether to direct staff to submit a written notice of
appeals 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 Preliminary Site Plans and Site Plans including Ladera
Phase 2, Richland Parkway Retail Development, Frontier Retail, Toyota
Expansion, PISD High School, and One Community Church. (DS)
Staff requested to pull items 13 and 14.
Mayor Bristol requested to pull item 6.
Deputy Mayor Pro-Tem Ray made a motion to approve consent agenda items 3 thru
5, 7 thru 12, and 15. Mayor Pro-Tem Hodges seconded that motion. Motion carried
unanimously.
Mayor Pro-Tem Andres left the dais.
Councilmember Cotten made a motion to approve consent agenda items 13 and 14.
Councilmember Bartley seconded that motion. Motion carried with a 6-0 vote.
Mayor Pro-Tem Andres returned to the dais.
Mayor Bristol stated for item 6, he requested to pull the item for transparency since
the Town was issuing debt for water and wastewater projects.
Mayor Bristol made a motion to approve consent agenda item 6. Councilmember
Hodges seconded that motion. Motion carried unanimously.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
16. Consider authorizing the Town Manager to enter into a contract with Republic
Services including purchase and distribution of carts for the period February
1, 2024 ending January 31, 2031 with an option of three, one-year renewals,
declaring an exclusive franchise in the Town for all solid waste services which
include residential, commercial, industrial and construction disposal as
allowed by state law and to provide for transition services by either its current
provider, Republic or both in the intervening period until February 1, 2024.
(RBS)
Mr. Scott provided a background of the Town’s current contract and the request for
proposals that was released. The Town received six proposals with two determined
to be non-responsive. A consultant evaluated all proposals with the remaining four
proposals being evaluated by a selection committee. Site visits were done with the
two finalists. While price to both residential and commercial customers was an
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important consideration, other factors including resources pledged and the ability to
negotiate a contract were also important. Following the Best and Final Offer, total
contract value/estimated cost to both residential and commercial customers was less
than 1% different between the two proposers making other factors more important.
Republic pledged eight Automated Side Loaders (ASL) to the contract and
substantially agreed to liquidated damage provisions (penalties for non-performance)
as proposed in the RFP. CWD proposed their current five ASLs and requested
substantial changes that weakened the liquidated damage provisions. The additional
resources proposed by Republic position them to respond to both rapid growth and
unforeseen circumstances such as weather delays or equipment failures. For these
reasons, staff recommends award to Republic Services.
Mr. Roemer, President of CWD spoke to the Town Council regarding the partnership
and community involvement they have had with the Town, the cost differentials
presented, their current equipment and adjustments made on the growth in the
Town, and liquidated damages. Mr. Roemer requested the Town Council take these
items into account when making their decision.
Cheryl Brock, Municipal Manager with Republic Services, spoke to the liquidated
damages, where their current facilities are located, and the quality of service(s) they
are able to provide.
The Town Council discussed the purchasing of the carts and what that means for the
residents, along with the transition services. The Town Council expressed their
appreciation to the current provider for their community involvement.
Councilmember Cotten made a motion to approve authorizing the Town Manager to
enter into a contract with Republic Services including purchase and distribution of
carts for the period February 1, 2024 ending January 31, 2031 with an option of
three, one-year renewals, declaring an exclusive franchise in the Town for all solid
waste services which include residential, commercial, industrial and construction
disposal as allowed by state law and to provide for transition services by either its
current provider, Republic or both in the intervening period until February 1, 2024.
Councilmember Bartely seconded that motion. Motion carried unanimously.
17. Conduct a public hearing and consider and act upon a request to rezone 69.9±
acres from Agriculture (A), a portion of Planned Development-40 (PD-40), and a
portion of Single Family-12.5 (SF-12.5) to Planned Development-Single Family
(PD-SF), generally to allow for a residential development and retirement
housing development, located on the southeast corner of Prosper Trail and
Teel Parkway. (Z21-0010) (DS)
Mr. Soto introduced the item noting the modifications of the request that now reflects
one tract versus two and is to include 170 single family detached lots. The request
does conform with the Town’s Comprehensive Plan. The Planning and Zoning
Commission recommended denial with a vote of 3-2 due to the density, lot size
average, the amenities, floodplain, and concerns of street access points. Mr. Soto
noted that staff received five notices of opposition. Of those, one was withdrawn and
the remaining four are from citizens in Artesia. Due to the concerns from the
Planning and Zoning Commission, staff has requested the applicant to address all
the concerns. The concerns were not addressed at the time of the packet, therefore,
staff requested denial. However, a new conceptual plan was submitted day of the
meeting. Therefore, staff has not been able to review prior to the meeting.
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Bill Aderson, Senior Vice President, representing the applicant presented the revised
changes of the plan.
Mayor Bristol opened the public hearing.
Mr. Garza, 2313 Commons Way, stated that he lives in Artesia and is requesting to
be kept informed on the project due to the location and proximity to their
neighborhood.
Vijay Borra stated he was hired to develop the property and assured the Town
Council of the quality of the homes that would be built.
Mayor Bristol closed the public hearing.
The Town Council discussed the density in comparison to neighboring subdivisions,
proposed amenities, access points (ingress/egress), concerns of open fencing along
trails and major roadway(s), including enhanced landscaping and berming, and
setbacks. The Town Council also preferred to have the Planning and Zoning
Commission review since they have not seen the revised plan.
Mayor Pro-Tem Andres made a motion to table a request to rezone 69.9± acres from
Agriculture (A), a portion of Planned Development-40 (PD-40), and a portion of
Single Family-12.5 (SF-12.5) to Planned Development-Single Family (PD-SF),
generally to allow for a residential development and retirement housing development,
located on the southeast corner of Prosper Trail and Teel Parkway to July 25, 2023.
Deputy Mayor Pro-Tem Ray seconded the motion. Motion carried unanimously.
18. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit (SUP) for a new Wireless Communications and Support Structure,
on .1± acre, located on the south side of Prosper Trail, west of Preston Country
Lane. (ZONE-22-0001) (DS)
Mr. Soto introduced the item stated the SUP shows four (4) Wireless Communication
antennas that would be placed on the structure and their associated lease area. The
antennas would be screened and not visible to the surrounding area. The Planning
and Zoning Commission approved the request by a vote of 4-0. However, staff did
receive one reply form in opposition due to the proximity of the tower. Staff
recommends approval.
Bill Bowman, applicant, noted the location of the tower and a comparison of current
coverage versus the coverage once the wireless communications are installed.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council discussed the proposed location and questioned if other locations
were considered, the type of structure, and any possible alternatives.
Deputy Mayor Pro-Tem Ray made a motion to deny a request for a Specific Use
Permit (SUP) for a new Wireless Communications and Support Structure, on .1±
acre, located on the south side of Prosper Trail, west of Preston Country Lane.
(ZONE-22-0001). Mayor Pro-Tem Andres seconded that motion. Motion carried with
a 6-1 vote. Councilmember Hodges voting in opposition.
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Item 3.
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The Town Council recessed for a five-minute break.
19. Consider and act upon Ordinance 2023-41 establishing a Homestead Tax
Exemption. (CL)
Mr. Landrum introduced the item and provided a timeline of when the Town Council
increased their exemption. The current rate of twelve and a half percent (12.5%) was
raised for the fiscal year 2022-2023. The Finance staff presented multiple homestead
exemption rate options to the Finance Subcommittee with a recommendation of
raising the exemption rate to fifteen percent (15%).
Councilmember Cotten made a motion to approve 2023-41 establishing a
Homestead Tax Exemption of fifteen percent (15%). Councilmember Hodges
seconded the motion. Motion carried unanimously.
20. Consider all matters incident and related to the issuance and sale of "Town of
Prosper, Texas, General Obligation Refunding and Improvement Bonds, Series
2023", including the adoption of an ordinance authorizing the issuance of such
bonds and establishing procedures and delegating authority for the sale and
delivery of such bonds. (CL)
Mayor Bristol stated this item is being tabled to a future meeting.
21. Consider and act upon Resolution 2023-42 of the Town Council of the Town of
Prosper, Texas, declaring the public necessity to acquire certain properties for
right-of-way, temporary construction easements, drainage easements, and
water easement for the construction of the Legacy (Prairie – Fishtrap) – 4 lanes
project; determining the public use and necessity for such acquisition;
authorizing the acquisition of property rights necessary for said Project;
appointing an appraiser and negotiator as necessary; authorizing the Town
Manager to establish just compensation for the property rights to be acquired;
authorizing the Town Manager to take all steps necessary to acquire the
needed property rights in compliance with all applicable laws and resolutions;
and authorizing the Town Attorney to institute condemnation proceedings to
acquire the property if purchase negotiations are not successful. (HW)
Mr. Webb stated this item is to allow the Town to proceed if needed if negotiations
fail. Mr. Webb reminded the Town Council the item requires a roll call vote.
Mayor Pro-Tem Andres made a motion to approve a Resolution 2023-42 of the Town
Council of the Town of Prosper, Texas, declaring the public necessity to acquire
certain properties for right-of-way, temporary construction easements, drainage
easements, and water easement for the construction of the Legacy (Prairie –
Fishtrap) – 4 lanes project; determining the public use and necessity for such
acquisition; authorizing the acquisition of property rights necessary for said Project;
appointing an appraiser and negotiator as necessary; authorizing the Town Manager
to establish just compensation for the property rights to be acquired; authorizing the
Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town
Attorney to institute condemnation proceedings to acquire the property if purchase
negotiations are not successful. Councilmember Cotten seconded the motion.
Councilmember Cotton – In Favor
Councilmember Hodges – In Favor
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Item 3.
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Deputy Mayor Pro-Tem Ray – In Favor
Councilmember Kern – In Favor
Councilmember Bartley – In Favor
Mayor Bristol – In Favor
Motion carried unanimously.
22. Discuss and consider Town Council Subcommittee reports. (DB)
Councilmember Bartley provided an update on the CPAC Committee. They have
been reviewing and received changes of the draft, which is slated to go to the
Planning and Zoning Commission in August and to the Town Council in August or
September.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No comments were made.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government
Code, as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
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.
Section 551.074 – To discuss and consider personnel matters and all matters
incident and related thereto.
The Town Council recessed into Executive Session at 9:40 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 10:12 p.m.
Mayor Pro-Tem Andres made a motion approve the LIV Development Agreement and to
authorize the Town Manager to execute a Second Amended and Restated Development
Agreement between the Town of Prosper, Texas and Prosper Residences. Councilmember
Hodges seconded the motion. Motion carried unanimously.
Adjourn.
The meeting was adjourned at 10:13 p.m.
These minutes were approved on the 11th day of July 2023.
APPROVED:
David F. Bristol, Mayor
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Item 3.
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ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 3.
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To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Re: Resolution - Anthemnet Cell Tower SUP Denial
Town Council Meeting – July 11, 2023
Agenda Item:
Consider and act upon a resolution making written and evidentiary findings relative to the denial
of a request from Anthemnet for a Specific Use Permit (SUP) for a commercial antenna on the
south side of Prosper Trail west of Preston Country Lane.
Description of Agenda Item:
At the June 27, 2023, Town Council meeting, the Town Council denied a request from Anthemnet
for a specific use permit to construct a commercial antenna/cell tower on the south side of Prosper
Trail west of Preston Country Lane. The federal Telecommunications Act of 1996 provides, in
part, that a local government must base any denial of a wireless telecommunications facility based
on substantial evidence in writing. The attached resolution provides such substantial evidence
supporting the Town Council’s denial of the SUP in question.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
The Town Attorney has prepared the attached resolution.
Attached Documents:
1. Resolution.
Town Staff Recommendation:
The Town Attorney recommends the Town Council approve the attached resolution making
written and evidentiary findings relative to the denial of a request from Anthemnet for a Specific
Use Permit (SUP) for a commercial antenna on the south side of Prosper Trail west of Preston
Country Lane.
Proposed Motion:
I move to approve a resolution making written and evidentiary findings relative to the denial of a
request from Anthemnet for a Specific Use Permit (SUP) for a commercial antenna on the south
side of Prosper Trail west of Preston Country Lane.
TOWN ATTORNEY
Page 15
Item 4.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, MAKING WRITTEN AND EVIDENTIARY FINDINGS RELATIVE TO THE
DENIAL OF A REQUEST FROM ANTHEMNET FOR A SPECIFIC USE PERMIT
FOR A COMMERCIAL ANTENNA ON THE SOUTH SIDE OF PROSPER TRAIL,
WEST OF PRESTON COUNTRY LANE, IN THE TOWN, CASE NO. ZONE-22-
0001; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Anthemnet (“Anthemnet”) has requested approval of a Specific Use Permit
(“SUP”), Case No. ZONE-22-0001, to locate a commercial antenna and support structure, 105
feet (105’) in height, on an approximate 0.10 acre tract located on the south side of Prosper Trail,
west of Preston Country Lane, and to establish equipment cabinets inside an approximate 50 feet
(50’) by 50 feet (50’) lease area internal to the site; and
WHEREAS, the Anthemnet SUP application was noticed for Town Council consideration
at a public hearing at the Town Council’s June 27, 2023, meeting; and
WHEREAS, at the Town Council meeting on June 27, 2023, Anthemnet’s representative
presented additional comments related to its application for an SUP and the Town Council
conducted a public hearing relative to said SUP application; and
WHEREAS, after the presentation of substantial evidence and testimony, on June 27,
2023, the Town Council voted to deny the SUP application request from Anthemnet; and
WHEREAS, it is the intent of the Town of Prosper to fully comply with all applicable
provisions of the Telecommunications Act of 1996 (specifically 47 U.S.C. § 332 et seq.) relative
to the siting of the proposed 105’ antenna and support structure; and
WHEREAS, federal law provides, in 47 U.S.C. § 332(c)(7)(B)(iii), that a local government
that denies a request to place, construct or modify a cell tower must put the denial in writing,
setting forth the basis for the denial, supported by substantial evidence; and
WHEREAS, the purpose of this Resolution is to provide the substantial evidence in writing
for the reasons undergirding the Town Council’s denial of Anthemnet’s application for a specific
use permit.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper and they are hereby approved and incorporated into the body of
this Resolution as if copied in their entirety.
SECTION 2
The Town Council of the Town of Prosper, Texas, hereby makes the following legal and
factual findings:
Page 16
Item 4.
Resolution No. 2023-__, Page 2
1. Under the Telecommunications Act of 1996, while preserving local authority over
the siting and construction of wireless communications facilities, there are five limitations on local
authorities when dealing with cell towers and telecommunications carriers. A local government:
(1) shall not prohibit or have the effect of prohibiting the provision of service [47 U.S.C.
§ 332(c)(7)(B)(i)(II)];
(2) may not unreasonably discriminate between providers of functionally equivalent
services [47 U.S.C. § 332(c)(7)(B)(i)(I)];
(3) must act within a reasonable time after a request is filed [47 U.S.C.
§ 332(c)(7)(B)(ii)];
(4) any decision by the local government must be in writing and supported by
substantial evidence [47 U.S.C. § 332(c)(7)(B)(iii)]; and
(5) any decision is subject to judicial review [47 U.S.C. § 332(c)(7)(B)(v)].
2. For purposes of the Telecommunications Act of 1996, the Town considered the
following substantial evidence in support of its denial of Anthemnet’s application for an SUP for
the 105 foot (105’) antenna and support structure in question.
3. The property on which the antenna is proposed to be located is zoned for
Agricultural (A) uses; however, the Town’s Comprehensive Plan authorizes Low Density
Residential development on the site as well as on adjoining tracts. According to the
Comprehensive Plan, Low Density Residential is generally defined as “large-lot single-family
homes, with lot sizes generally ranging between 15,000 square feet and 1+ acre in size.” While
a variety of lot sizes may be utilized, the total gross density of low density residential
neighborhoods should not exceed 1.6 dwelling units per acre, according to the Town’s
Comprehensive Plan, thus providing a continuation of the rural atmosphere and feel that was
intensely expressed by Town residents during the comprehensive planning process.
4. The proposed 105-foot antenna and support structure are located within twenty-
five feet (25’) of the existing right-of-way for Prosper Trail in the Town. While the Town Council
is supportive of increasing cell coverage in the Town, and recognizes the need for such coverage,
serious concerns were expressed about the proposed location of this telecommunication antenna.
5. The antenna is located within twenty-five feet (25’) of the right-of-way of Prosper
Trail, a heavily traveled thoroughfare in the Town. The close proximity of the antenna to a heavily
traveled thoroughfare presents unique and serious safety concerns.
6. The scale of the proposed antenna immediately adjacent to Prosper Trail is large
and imposing, creating visual blight. The stealth water tower design also is imposing and
inappropriate for such close roadway proximity. Additionally, the antenna with a water tower
design is proposed to be brown with the name of a nearby residential subdivision on it, giving the
impression of advertisement for the subdivision. Moreover, also located near the proposed tower
site is an equestrian farm with the same name, again creating the possible connection of the
Page 17
Item 4.
Resolution No. 2023-__, Page 3
antenna as a point of advertisement for the equestrian farm. Renderings of the site provided by
the applicant at the public hearing (which renderings were not included in the Town Council’s
agenda packet), with the large brown water tower feature figuring prominently, heightened
concern about the aesthetics of the antenna as well as the foregoing safety concerns.
7. There are additional nearby sites for the proposed antenna that should be
considered—sites that are further off the roadway’s right-of-way and still meet the applicant’s
objectives in providing adequate cell coverage. There are several Town-owned sites nearby and
the Town would be open to considering a lease site with the applicant.
8. The currently proposed site for the antenna would impact residential development
in the immediate vicinity due to the scale and location of the antenna. Low density residential
development, in accordance with the Town’s Comprehensive Plan, would not be enhanced by
such a large structure immediately adjacent to Prosper Trail and near any entrance to such
development.
9. The applicant was unable to provide verification or justification for not considering
alternative, nearby locations for the proposed antenna other than general information that
Anthemnet had presumably considered other sites and concluded this was the best alternative.
The Town Council would consider other nearby sites for the location of the antenna, but the
applicant did not address other specific sites and probable issues with such other sites.
10. In considering any SUP application, pursuant to Section 25.3 of the Zoning
Ordinance, the Town Council “shall consider the following criteria in determining the validity of the
SUP request:
1. Is the use harmonious and compatible with its surrounding existing uses or
proposed uses?
2. Are the activities requested by the applicant normally associated with the
requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?”
11. The Town Council determined, as reflected in the agenda materials and after the
closing of the public hearing at the June 27, 2023, Town Council meeting: (1) the use is not
harmonious and compatible with surrounding existing uses or proposed uses; (2) the activities
and use requested by the applicant are not normally associated with low density residential
development, particularly considering the proximity of the antenna to Prosper Trail and any
potential entryways into such low density residential development; (3) for the reasons stated in
this Resolution, the use is not reasonable for the character called for in the Town’s
Comprehensive Plan; and (4) the proposed antenna site has not been mitigated with regard to
future low density development adjacent to the site and safety concerns have not been adequately
addressed to date.
12. Anthemnet did not demonstrate that existing or proposed antennas within the
proposed service area cannot accommodate the proposed antenna.
Page 18
Item 4.
Resolution No. 2023-__, Page 4
13. Anthemnet did not produce any evidence or testimony of efforts to co-locate with
other carriers on existing antennas within the service area.
14. Anthemnet did not provide evidence of alternative locations within the proposed
service area on which to locate an antenna.
15. The propagation maps provided by Anthemnet reflect certain “dead spots” in
coverage within its service area, but those propagation maps did not reflect a significant gap in
service.
16. While Anthemnet provided a propagation map relative to the location of an antenna
at the proposed site, no other alternative or co-location sites were presented to the Town for
consideration.
17. Anthemnet did not present evidence that “further reasonable efforts are so likely
to be fruitless that it is a waste of time even to try” to comply with Town guidelines, zoning
regulations, comprehensive plan and service-related concerns expressed by the Town in denying
this application.
18. It is Anthemnet’s burden, not the Town’s burden, to show and verify that alternative
sites do, or do not, exist to accommodate Anthemnet’s service requests.
19. In making these findings, the Town relied upon the SUP application and all related
submittals to date by Anthemnet, the evidence adduced at all public hearings before the Planning
and Zoning Commission and Town Council, as well as statements and related information from
representatives of Anthemnet, included correspondence and documentation presented by
Anthemnet, all of which are incorporated by reference.
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 11TH DAY OF JULY, 2023.
___________________________________
David F. Bristol, Mayor
Page 19
Item 4.
Resolution No. 2023-__, Page 5
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 20
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Chuck Ewings, Assistant Town Manager
Mario Canizares, Town Manager
Re: Tank Mixing Systems Purchase and Installation
Town Council Meeting – July 11, 2023
Agenda Item:
Consider and act upon approving the purchase and installation of Mixing Tank Systems from Axis
Construction, L.P., through the BuyBoard Purchasing Cooperative; and authorizing the Town
Manager to execute documents for the same.
Description of Agenda Item:
In order to maintain excellent water quality in the Craig Street and Fishtrap elevate storage tanks,
staff is requesting the purchase and installation of mixing tank systems. Mixing the water presents
many benefits including improving water quality for the customer, eliminating chemical
stratification, reducing chlorine residual loss, disinfection by-products, and risk of nitrification.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into interlocal participation agreements with the Texas Local
Government Purchasing Cooperative Buyboard. Participation in the cooperative purchasing
programs allow local governments to purchase goods and services through the cooperative
programs and satisfy all competitive bidding requirements.
Budget Impact:
The total purchase for the purchase and installation is $56,040 and will be funded from Capital
Expenditures, account 200-6110-50-02.
Legal Obligations and Review:
Utilizing a pre-approved standard form.
Attached Documents:
1. Craig Street Proposal
2. Fishtrap Proposal
Public Works
Page 21
Item 5.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends approving the purchase and installation of Mixing Tank Systems from
Axis Construction, L.P., through the Buyboard Purchasing Cooperative; and authorizing the Town
Manager to execute documents for the same.
Proposed Motion:
I move to approve the purchase and installation of Mixing Tank Systems from Axis Construction,
L.P., through the Buyboard Purchasing Cooperative; and authorizing the Town Manager to
execute documents for the same.
Page 22
Item 5.
2 Pages sent via email to: jrodriguez@prospertx.gov
Axis Construction, L.P.
P.O. Box 77916
Fort Worth, Texas 76177
June 22, 2023 ACLP #23121
PROPOSAL
Town of Prosper
250 W. First Street
Prosper, Texas 75078
Attn: James Rodriguez – Water & Sewer Superintendent
Re: Furnish & Install One (1) 3/4 HP KASCO Tank Mixing System at 2.5 MG Composite EST
KASCO EQUIPMENT DETAILS
Axis Construction, LP in conjunction with Kasco Marine is pleased to present a Proposal for one (1)
Submersible mixer on above mentioned project. Below you will find a brief description of your application, our
recommended equipment and product sheets.
Tank Description: Existing 2.5 MG Fish Trap Composite EST
Recommendation
Kasco recommends one (1) 3400C61 CertiSafe NSF 61/372 mixer for this application. The Certisafe mixer
has three (3) power cable options (50ft, 75ft and 200ft). Pricing includes the cable length of 75ft. Kasco
recommends the Suspended Mount SM-100 in the Elevated Storage Tank.
Scope of Material furnished by Axis Construction, LP & KASCO
Qty
1
Description
Kasco Municipal mixer complete package #34C61075SM-CS15
Kasco 3400C61 CertiSafe Tank Mixer (120V) with 7 5 f t
UL power cord. Order part #3400C61
1- Kasco Suspended Mount #SM100
Kasco SCADA CS-150 is a 120Vac, 60hz, single phase UL listed
control panel engineered to operate Kasco C61 CertiSafeTM tank
mixers. Designed for easy installation and operation, H-O-A
control switch, indicator LEDs, Low water inhibit, and SCADA I/O
for remote operation and monitoring. Order part #176371
Standard 3-year Manufacturer’s warranty included.
Axis has included freight to site as noted above
Axis labor warranty is 1 year
Total price includes equipment as stated & Freight to Jobsite.
EST 1 @ $12,180.00
Freight @ $300.00
$12,480.00
Page 23
Item 5.
Installation
We are pleased to provide a Proposal to furnish labor, equipment and materials required to install and start-
up mixer. Please note the following details:
1. We will install all conduit & wire from the top of the tank mixer connection junction box, down to mixer
panel mounted at the base of the tank.
2. Conduit will be rigid aluminum and will be secured with galvanized right-angle clamps on the ladder.
3. We have not included final wiring of mixer or any SCADA wiring. We will start-up the mixer once the
power is connected by your electrician.
Total Cost for Install & Start-up of Kasco Mixer = $15,540.00
Total Cost for Equipment and Installation = $28,020.00
Notes:
1. BUY BOARD- We are approved/listed on Contract 662-22 for Tank Mixers. If
you use BuyBoard for the purchase, you will get 8% off of the price of labor and equipment as shown
above.
2. Installation as detailed above is included in this Proposal. Install can be done by others if you prefer.
3. Proposal is firm for 30 days and subject to change unless a PO is received.
4. Terms are Net 30 upon invoice.
5. Mixer will take approx. 5 days for delivery from KASCO. Lead time for our install is approximately
7 days after receipt of PO for mixer.
6. We recommend installation of a lightning arrestor/surge protector be added to the electric panels to
protect the mixer and other components.
If you have any questions on the above information, please contact me at (817) 439-0709 or via e-mail
address joeswinnea@hotmail.com. I look forward to an opportunity to work for you on this project.
Respectfully Submitted,
Joe Swinnea
Page 24
Item 5.
2 Pages sent via email to: jrodriguez@prospertx.gov
Axis Construction, L.P.
P.O. Box 77916
Fort Worth, Texas 76177
June 22, 2023 ACLP #23120
PROPOSAL
Town of Prosper
250 W. First Street
Prosper, Texas 75078
Attn: James Rodriguez – Water & Sewer Superintendent
Re: Furnish & Install One (1) 3/4 HP KASCO Tank Mixing System at 2 MG Composite EST
KASCO EQUIPMENT DETAILS
Axis Construction, LP in conjunction with Kasco Marine is pleased to present a Proposal for one (1)
Submersible mixer on above mentioned project. Below you will find a brief description of your application, our
recommended equipment and product sheets.
Tank Description: Existing 2 MG Prosper Craig 2.0 EST
Recommendation
Kasco recommends one (1) 3400C61 CertiSafe NSF 61/372 mixer for this application. The Certisafe mixer
has three (3) power cable options (50ft, 75ft and 200ft). Pricing includes the cable length of 75ft. Kasco
recommends the Suspended Mount SM-100 in the Elevated Storage Tank.
Scope of Material furnished by Axis Construction, LP & KASCO
Qty
1
Description
Kasco Municipal mixer complete package #34C61075SM-CS15
Kasco 3400C61 CertiSafe Tank Mixer (120V) with 7 5 f t
UL power cord. Order part #3400C61
1- Kasco Suspended Mount #SM100
Kasco SCADA CS-150 is a 120Vac, 60hz, single phase UL listed
control panel engineered to operate Kasco C61 CertiSafeTM tank
mixers. Designed for easy installation and operation, H-O-A
control switch, indicator LEDs, Low water inhibit, and SCADA I/O
for remote operation and monitoring. Order part #176371
Standard 3-year Manufacturer’s warranty included.
Axis has included freight to site as noted above
Axis labor warranty is 1 year
Total price includes equipment as stated & Freight to Jobsite.
EST 1 @ $12,180.00
Freight @ $300.00
$12,480.00
Page 25
Item 5.
Installation
We are pleased to provide a Proposal to furnish labor, equipment and materials required to install and start-
up mixer. Please note the following details:
1. We will install all conduit & wire from the top of the tank mixer connection junction box, down to mixer
panel mounted at the base of the tank.
2. Conduit will be rigid aluminum and will be secured with galvanized right-angle clamps on the ladder.
3. We have not included final wiring of mixer or any SCADA wiring. We will start-up the mixer once the
power is connected by your electrician.
Total Cost for Install & Start-up of Kasco Mixer = $15,540.00
Total Cost for Equipment and Installation = $28,020.00
Notes:
1. BUY BOARD- We are approved/listed on Contract 662-22 for Tank Mixers. If
you use BuyBoard for the purchase, you will get 8% off of the price of labor and equipment as shown
above.
2. Installation as detailed above is included in this Proposal. Install can be done by others if you prefer.
3. Proposal is firm for 30 days and subject to change unless a PO is received.
4. Terms are Net 30 upon invoice.
5. Mixer will take approx. 5 days for delivery from KASCO. Lead time for our install is approximately
7 days after receipt of PO for mixer.
6. We recommend installation of a lightning arrestor/surge protector be added to the electric panels to
protect the mixer and other components.
If you have any questions on the above information, please contact me at (817) 439-0709 or via e-mail
address joeswinnea@hotmail.com. I look forward to an opportunity to work for you on this project.
Respectfully Submitted,
Joe Swinnea
Page 26
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Professional Engineering Services Agreement: DNT Water Line Relocation
Town Council Meeting – July 11, 2023
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related
to the design of the Dallas North Tollway Water Line Relocation project.
Description of Agenda Item:
The North Texas Tollway Authority (NTTA) is currently completing the design the expansion of the
main lanes of the Dallas North Tollway from US 380 to FM 428 in the City of Celina, and recently
notified the Town that the Town has an existing 12-inch water line along the western side of the
Dallas North Tollway from First Street to approximately 3,500 feet south of First Street, that
conflicts with the proposed construction of the main lanes. Since this water line is providing water
service to the properties along the western side of the Dallas North Tollway, it will need to be
relocated. This project includes the design of the relocation of the water line from First Street to
Prairie Drive to avoid the conflicts with the main lanes.
At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified
engineering firms, which included services for water design. Freese and Nichols, Inc., is included
on the approved list and has successfully completed the design of multiple water improvement
projects for the Town.
Budget Impact:
The cost for the design is $146,650 and will be expensed from the water/sewer fund in Account
No. 200-5410-10-00-2312-WA.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional
Engineering Services Agreement as to form and legality.
Attached Documents:
1. Professional Engineering Service Agreement
2. Location Map
ENGINEERING
SERVICES
Page 27
Item 6.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town
of Prosper, Texas, related to the design of the Dallas North Tollway Water Line Relocation project.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the
Dallas North Tollway Water Line Relocation project.
Page 28
Item 6.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 17
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.
FOR THE DALLAS NORTH TOLLWAY WATER LINE RELOCATION PROJECT (2312-WA)
This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the
Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town,
hereinafter called “Town,” and Freese and Nichols, Inc., a company authorized to do business in Texas, acting
through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional
engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the Dallas North
Tollway Water Line Relocation Project (2312-WA), hereinafter called “Project”;
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its execution by both
Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such
services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word
for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care
and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of
conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all
Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make
all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s
services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use
diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform
a professional service and such services must be bound, first and foremost, by the principles of sound professional
judgment and reasonable diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of One Hundred Forty Six Thousand Six Hundred Fifty Dollars
($146,650) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein
as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly
not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for
expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed
as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred,
if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall
be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant
Page 29
Item 6.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 17
within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for
any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for
the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such
substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to
commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES
OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT
ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT,
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND
RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE
OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
Page 30
Item 6.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 17
10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by
personal delivery, in writing, or by registered or certified mail to the following addresses:
Freese and Nichols, Inc.
Clayton Barnard, P.E., Principal
5805 Main Street, Suite B
Frisco, TX 75034
clayton.barnard@freese.com
Town of Prosper
Mario Canizares, Town Manager
PO Box 307
Prosper, TX 75078
hjefferson@prospertx.gov
11. Termination. The obligation to provide further services under this Agreement may be terminated by
either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be
entitled to payment for services rendered through receipt of the termination notice.
12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to
anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to
this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its
duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent
permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer,
employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and
in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties
hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held
invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision
had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the
Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written
word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit
included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
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
Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of
Interest Questionnaire and incorporated herein as if written word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if
legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit
such disagreement to non-binding mediation.
18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce
or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 17
to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).
19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a
Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship;
(2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One
Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated
herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement
that the company does not boycott Israel and will not boycott Israel during the term of this Agreement.
20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf
of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents
that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind
Consultant to same.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in
duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of
_______________________, 20____.
FREESE AND NICHOLS, INC.
By:
Signature
Clayton Barnard, PE
Printed Name
Principal/Vice President
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date
June 30, 2023
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 17
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.
FOR THE DALLAS NORTH TOLLWAY WATER LINE RELOCATION PROJECT (2312-WA)
I. PROJECT DESCRIPTION
The North Texas Tollway Authority (NTTA) is currently designing the expansion of the main lanes of the Dallas
North Tollway from US 380 north through Frontier Parkway (FM 1461). The Town has an existing 12-inch water
line in conflict with the proposed construction of the roadway from First Street south for approximately 3,500 feet.
This line serves the properties along the western side of the Tollway. This project will relocate the water line within
NTTA’s western right-of-way from First Street to the proposed Prairie Drive. The size of the water line will be
evaluated within the water model.
The project will require NTTA coordination, a preliminary design that determines the alignment and final design
that will include both preliminary and final design submittals. The project will continue through bid and
construction phase services. This scope of services is based upon the preparation of one set of construction
contract documents (plans and specifications) for the project.
II. TASK SUMMARY
BASIC SERVICES
A. GENERAL & PROJECT MANAGEMENT - Consultant shall provide project management services for the
project. The following services shall be provided.
1. Manage and coordinate the efforts of all involved in the project, including internal design team, the sub-
consultants, the Town Staff, and the franchise utilities. Provide oversight of the schedule during the
survey, and engineering process, to attempt to maintain the Town's desired schedule.
2. Prepare monthly reporting including status report, recent activities, upcoming activities, schedule
updates and scope changes. Prepare monthly invoices.
3. Coordination with the franchise utilities that are impacted by the proposed improvements.
B. TASK 1 – PRELIMINARY DESIGN
1. Conduct one (1) meeting with Town to confirm the goals, schedule, and deliverables for the project.
2. Obtain and review all available data for the proposed water line route and existing water line route and
easements.
3. Prepare letters of permission for access to private properties for surveying. These letters are to be put
on the Town of Prosper letterhead and sent to the appropriate landowners.
4. Develop an alignment for the proposed water line. Route will be selected to avoid or minimize impacts
to areas that may cause schedule delays or higher costs due to environmental, permitting, easement
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 17
or engineering issues.
5. Conduct field review, with representatives of the Town, of the project corridor to ensure avoidance or
minimization of environmental, permitting, and engineering issues and determine presence of any
additional constraints.
6. Attend Town’s Utility coordination meeting to coordination with franchise utilities that are impacted by
the proposed improvements. Incorporate any proposed utility relocations into the water line plans.
7. Review the Town’s water model to consider the size of the proposed water line to be
relocated.
8. Prepare a conceptual layout consisting of a horizontal roll plot illustrating the proposed
alignment of the Water Line. A pdf file of the roll plot will be submitted to the Town for
review. The roll plot will utilize information provided by NTTA, franchise utilities and
topographical design survey. Survey to be completed in accordance with the Special
Services.
9. Submit the Engineer’s probable cost opinion for the recommended water line alignment and
recommendations.
10. Meet with the Town of Prosper to review the recommended alignment. Update the roll plot water line
alignment based on Town comments and incorporate a proposed profile for Town review.
C. TASK 2 – FINAL DESIGN – Upon approval of the Preliminary Design, CONSULTANT will proceed toward
Final Design as follows.
1. CONSULTANT will prepare a 90% design submittal using available NTTA, Franchise Utility, Survey,
and SUE data. The submittal will include electronic set of half size (11”x17”) construction drawings,
updated schedules and updated opinion of probable construction cost. These items will be submitted
to the Town at the 90% submittal date. In addition, the submittals will include electronic copies of the
construction drawings in pdf format. Typical sheets used in the project will be:
a. Cover Sheet
b. General Notes
c. Project layout control
d. Summary of Quantities
e. Plan and Profile sheets
f. Details
2. Update the opinion of probable construction costs developed during the Preliminary Design Phase
based on new information obtained during the 90% Design Phase.
3. Upon receipt of the Town’s comments on the 90% submittals, one (1) review meeting will be held to
discuss the review comments and recommendations based on the 90% plans.
4. Once 90% comments have been received from the Town, CONSULTANT will prepare 100%
documents. The submittals will include electronic set of half size (11”x17”) construction drawings,
technical specifications, bid proposal, updated schedule and updated opinion of probable construction
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 17
cost. In addition, the submittal will include electronic copies of the construction drawings in pdf format.
5. Upon receipt of the Town’s comments on the 100% submittal, one (1) review meeting will be held to
discuss the review comments and recommendations based on the 100% plans.
6. Once the 100% comments have been received from the Town, CONSULTANT will prepare “final”
documents. Provide “final” plans, specifications, and bid proposals for construction contracts to
complete this project and in accordance with the Town’s bidding procedures. Updated electronic set of
half size (11”x17”) construction drawings, technical specifications, bid proposal and opinion of probable
construction costs will be provide to the OWNER during the bidding process. In addition, the submittal
will include electronic copies of the construction drawings in pdf and dwg format.
D. TASK 3 - BID PHASE - Upon completion of the design services and approval of "Final" drawings and
specifications by Town, Consultant will proceed with the performance of services in this phase as follows:
1. Assist Town by responding to questions and interpreting bid documents. Assist in issuing addenda to
the bid documents to plan holders if necessary.
2. Attend a pre-bid conference for the construction project and coordinate responses with Town. Response
to the pre-bid conference will be in the form of addenda issued after the conference, if necessary.
3. Provide updated plan sheets or technical specifications as needed based on addendums.
E. TASK 4 - CONSTRUCTION PHASE - Upon completion of the bid phase services, Consultant will proceed
with the performance of construction phase services as described below. Consultant will endeavor to
protect the Town in providing these services. However, it is understood that Consultant does not guarantee
the Contractor's performance, nor is Consultant responsible for supervision of the Contractor's operation
and employees. Consultant shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and programs relating in
any way to the condition of the premises, the work of the Contractor or any Subcontractor. Consultant shall
not be responsible for the acts or omissions of any person (except its own employees or agents) at the
Project site or otherwise performing any of the work of the Project.
1. Assist Town in conducting pre-construction conference with the Contractor.
2. Interpret the drawings and specifications for the Town and Contractor(s). Review Contractor’s request
for information and modification request. Investigations, analyses, and studies requested by the
Contractor(s) and approved by the Town, for substitutions of equipment and/or materials or deviations
from the drawings and specifications is an Additional Service.
3. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. Consultant shall provide
electronic files in PDF and a DWG copy of the Record Drawings to the Town in accordance with the
Town’s spatial submission requirements.
SPECIAL SERVICES
A. TASK 5 - TOPOGRAPHICAL SURVEY - Upon written notice to proceed, Consultant shall retain (as a
subconsultant) and monitor the services of a surveying firm to perform surveying services for the project. The
following survey shall be provided.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 17
1. Establish project control using Global Positioning System (GPS) methodology. Horizontal values will
be based on the Texas State Plane Coordinate System, North American Datum of 1983, North Central
Zone (4202) and scaled to surface using the Texas Department of Transportation grid to surface factor
for Collin County (1.000152710). the vertical values will be based on GPS derived ellipsoid heights
and adjusted to North American Vertical Datum of 1988 (NAVD88) elevations using Geoid 12B. Control
Points will also be tied into the Town of Prosper Geodetic Control Network.
2. Gather topographical survey from the edge of pavement of Dallas Parkway south bound service road to
15 feet past the right-of-way line, from First Street south approximately 3,500-linear feet, to include
pavement edges, curb and gutter, buildings driveways, culverts, fences and gates, signs, mailboxes, tops
and toes of slopes, spot elevations, trees six (6) inches and greater, surface locations of utilities and
flowline elevations of sanitary and storm sewer manholes where accessible, and other surface features.
3. Request Texas 811 Ticket and mark utilities as marked by others.
4. Coordinate with the Town of Prosper to have Town utilities marked and survey the location of the Town
utilities.
5. Provide a digital design survey drawing in AutoCAD format showing visible surface features located, an
ASCII point file and a copy of field notes and field sketches.
B. TASK 6 - EASEMENT DOCUMENTS: – Upon written notice to proceed, Consultant shall retain (as a
subconsultant) and monitor the services of a surveying firm to perform easement document services for
the project. The following shall be provided.
Prepare up to eight (8) parcel exhibits with legal descriptions for easements, signed and sealed by a
Registered Professional Land Surveyor.
C. TASK 7 - SUBSURFACE UTILITY ENGINEERING (SUE): - Consultant shall retain (as a subconsultant) and
monitor subsurface utility engineering (SUE) services. SUE work required for this project in general
accordance with the recommended practices and procedures described in ASCE Publication CI/ASCE 38-
02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data).
1. As described in the mentioned ASCE publication, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four quality levels are as follows:
a. Quality Level D (QL “D”) – Information derived from existing records.
b. Quality Level C (QL”C”) – QL “D” information supplemented with information obtained by
surveying visible above-ground utility features (i.e. valves, hydrants, meters, manhole covers,
etc.).
c. Quality Level B (QL “B”) – Two-dimensional (x, y) information obtained through the application
and interpretation of non-destructive surface geophysical methods. Also known as “designating”
this quality level provides the horizontal position of subsurface utilities within approximately one
foot.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 17
d. Quality Level A (QL “A”) – Also known as “locating”, this quality level provides precise three-
dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive
vacuum excavation equipment is used to expose the utilities at specific points which are then
tied down by survey.
1. For this project, QL’s “B” and “A” SUE, as previously defined, will be provided. The QL “B” will be within
the western right-of-way of the Dallas Parkway for approximately 3,500-linear feet.
2. The QL “A” will consist of up to four (4) test holes, along the proposed water line alignment.
3. Consultant and Sub-consultant will attempt to place the test holes outside the paved areas wherever
possible. However, some test holes may need to be placed in paved areas that may require traffic control
measures to be implemented. Sub-consultant will establish routine/ordinary traffic control (cones and
free-standing signage, etc.) whenever required as part of this scope. If non-routine traffic control
measures are required (barricades, flag person, changeable message board, etc.) these services will be
additional to the contract.
ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if authorized by the Town, which
are not included in the above described scope of services, are described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. USACOE 404 documentation.
C. Texas Historical Commission coordination.
D. Mitigation planning required by the USACOE 404 permit.
E. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the
construction and providing services as may be required in connection with the replacement of such Work.
F. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations,
assessment schedules, and material audits or inventories required for certification of force account
construction performed by the Town.
G. Preparing applications and supporting documents for government grants, loans, or planning advances and
providing data for detailed applications.
H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of
equipment at any site remote to the project or observing tests required as a result of equipment failing the
initial test.
I. Preparing Operation and Maintenance Manuals or conducting operator training.
J. Assisting the Town in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards,
or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with
Contractor(s).
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 17
K. Performing investigations, studies, and analysis of substitutions of equipment and/or materials or deviations
from the drawings and specifications.
L. Performing investigations, studies, and analysis of work proposed by construction contractors to correct
defective work.
M. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other
regulatory agencies that become effective after the date of this Agreement.
N. Services required to resolve bid protests or to rebid the projects for any reason.
O. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
P. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due
to the presence of hazardous substances in any form.
Q. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of Consultant.
R. Providing value engineering studies or reviews of cost savings proposed by construction contractors after
bids have been submitted.
S. Provide follow-up professional services during Contractor's warranty period.
T. Furnishing the services of a Resident Project Representative to act as the Town’s on-site representative
during the Construction Phase.
U. Detailed settlement studies or other engineering issues resulting from soft soil conditions or other
unexpected site conditions.
V. Cathodic control design and construction consisting of field evaluations, engineering analysis and
construction services.
W. Providing easement acquisition services.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 17
III. DELIVERABLES
Task 1 & 2 – Preliminary & Final Design Provide Preliminary and Final design plans and specifications for
the water line relocations.
Task 3 – Bid Phase Assist the Town in securing bids and issuing construction plans
and specifications for the design of the project.
Task 4 – Construction Phase Provide limited general construction representative services
throughout the construction of the project. Provide PDF and DWG
Record Drawings.
Task 5 – Topographical Survey AutoCAD file with horizontal and vertical control points, property
lines, existing easements, existing utilities and 1-foot contours.
Task 6 – Easement Documents Exhibits and legal descriptions for the proposed permanent and
temporary easements for the pipeline.
Task 7 – Subsurface Utility Engineering (SUE)
AutoCAD file with horizontal locations of Level B locations and
vertical elevation of Level A locations.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 17
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.
FOR THE DALLAS NORTH TOLLWAY WATER LINE RELOCATION PROJECT (2312-WA)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed July 2023
Task 1 - Preliminary Design October 2023 $28,950
Task 2 - Final Design January 2024 $45,300
Task 3 - Bid Phase March 2024 $6,250
Task 4 - Construction Phase November 2024 $15,500
Task 5 - Topographical Survey August 2023 $22,900
Task 6 - Easement Documents November 2023 $10,950
Task 7 - Subsurface Utility Engineering (SUE) November 2023 $16,800
Total Compensation $146,650
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Preliminary Design $28,950
Task 2 - Final Design $45,300
Task 3 - Bid Phase $6,250
Total Basic Services: $80,500
Special Services (Hourly Not-to-Exceed) Amount
Task 4 - Construction Phase $15,500
Task 5 - Topographical Survey $22,900
Task 6 - Easement Documents $10,950
Task 7 - Subsurface Utility Engineering (SUE) $16,800
Total Special Services: $66,150
Direct Expenses Amount
None $0
Total Direct Expenses: $0
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 17
EXHIBIT B
COMPENSATION/PRICING SCHEDULE
Page 41
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 17
EXHIBIT C
INSURANCE REQUIREMENTS
Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his
agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A
certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any
services being performed or rendered. Renewal certificates shall also be supplied upon expiration.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only,
“claims made” forms are unacceptable, except for professional liability.
2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’
Liability Insurance.
3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles.
Automobile Liability is only required if vehicle(s) will be used under this contract.
4. Professional Liability, also known as Errors and Omissions coverage.
B. MINIMUM LIMITS OF INSURANCE
Service Provider shall maintain throughout contract limits not less than:
1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily
injury, personal injury and property damage. Policy will include coverage for:
a. Premises / Operations
b. Broad Form Contractual Liability
c. Products and Completed Operations
d. Personal Injury
e. Broad Form Property Damage
2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code
of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000
Disease- Policy Limit, and $100,000 Disease- Each Employee.
3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town.
Automobile liability shall apply to all owned, hired, and non-owned autos.
4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 17
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added
as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the
provider, products and completed operations of the provider, premises owned, occupied or used by
the provider. The coverage shall contain no special limitations on the scope of protection afforded to
the Town, its officers, officials, employees or volunteers.
b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its
officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall
not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the
Town, its officers, officials, employees, boards and commissions or volunteers.
d. The provider’s insurance shall apply separately to each insured against whom the claim is made or
suit is brought, except to the insured’s limits of liability.
2. Workers Compensation and Employer’s Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees
and volunteers for losses arising from work performed by the provider for the Town.
3. All Coverages:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written
notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment.
4. Professional Liability and / or Errors and Omissions:
“Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and
up to two (2) years after completion and acceptance of the project by the Town.
E. ACCEPTABILITY OF INSURERS
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.
F. VERIFICATION OF COVERAGE
Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates
are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar
to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance.
The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
Certificate holder to be listed as follows: Town of Prosper
P.O. Box 307
Prosper, TX 75078
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 16 OF 17
EXHIBIT D
CONFLICT OF INTEREST AFFIDAVIT
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.
FOR THE DALLAS NORTH TOLLWAY WATER LINE RELOCATION PROJECT (2312-WA)
THE STATE OF TEXAS §
§
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 $25,000.00 or more of the fair market value of the business entity.
_____ Funds received from the business entity exceed 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 $25,000.00.
_____ A relative of mine has substantial interest in the business entity or property that would be affected by my 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 the 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 ________________________, 20 .
Notary Public in and for the State of Texas
My Commission expires:
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 17 OF 17
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Page 45
Item 6.
LOCATION MAP
Dallas North Tollway Waterline Relocation
US 380 to First Street
First Street
US 380 Dallas North Parkway Page 46
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Professional Engineering Services Agreement: Preston Road/First Street
Dual Left Turn Lanes
Town Council Meeting – July 11, 2023
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Spiars Engineering & Surveying, Inc., and the Town of Prosper,
Texas, related to the design of the Preston Road (SH 289) and First Street Dual Left Turn Lanes
project.
Description of Agenda Item:
The services associated with this agreement are for the design of additional left-turn lanes in both
directions (eastbound and westbound) of First Street at the intersection with Preston Road (SH
289). The project will include pavement, grading, modification to existing traffic signals, striping
and signage.
At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified
engineering firms, which included services for roadway engineering design. Spiars Engineering
& Surveying, Inc., is included on the approved list and has successfully completed the design of
multiple roadway improvement projects for the Town.
Budget Impact:
The cost for the design is $93,000. The project budget for design, in the amount of $100,000, was
included in the 2021-2022 Capital Improvement Program in Account Number 750-5410-10-00-
2118-ST.
Per the Advanced Funding Agreement between the Texas Department of Transportation (TxDOT)
and the Town, which was approved by the Town Council at the March 28, 2023, Town Council
meeting, TxDOT’s participation amount towards the design will be $74,400 (80%).
ENGINEERING
SERVICES
Page 47
Item 7.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional
Engineering Services Agreement as to form and legality.
Attached Documents:
1. Professional Engineering Service Agreement
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Spiars Engineering & Surveying, Inc., and
the Town of Prosper, Texas, related to the design of the Preston Road (SH 289) and First Street
Dual Left Turn Lanes project.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Spiars Engineering & Surveying, Inc., and the Town of Prosper, Texas, related to the
design of the Preston Road (SH 289) and First Street Dual Left Turn Lanes project.
Page 48
Item 7.
Page 49Item 7.
Page 50Item 7.
Page 51Item 7.
Page 52Item 7.
Page 53Item 7.
Page 54Item 7.
Page 55Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 13
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND SPIARS ENGINEERING & SURVEYING, INC.
FOR THE PRESTON ROAD (SH 289) AND FIRST STREET DUAL LEFT TURN LANES PROJECT (2118-ST)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed July 2023
Task 1 – Topographic Survey July 2023 $10,000
Task 2 – Subsurface Utility Engineering As Needed $5,000
Task 3 – Preliminary Engineering September 2023 $7,500
Task 4 – Final Design Engineering March 2024 $50,000
Task 5 – Construction Coordination & Administration TBD $7,500
Task 6 – Survey Control TBD $1,000
Task 7 – Separate Instrument Preparation March 2024 $4,000
Task 8 – Record Drawings TBD $5,000
Task 9 – Reimbursable Expenditures As Needed $3,000
Total Compensation $93,000
Page 56
Item 7.
Page 57Item 7.
Page 58Item 7.
Page 59Item 7.
Page 60Item 7.
Page 61Item 7.
LOCATION MAP
Preston Road/First Street Dual Left Turns
Location of proposed improvements
Page 62
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: First Street (Coit-Custer): Change Order Number 02
Town Council Meeting – July 11, 2023
Agenda Item:
Consider and act upon approving Change Order Number 02 for CSP 2022-48-B to Mario Sinacola
& Sons Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane
project; and authorizing the Town Manager to execute Change Order Number 02 for same.
Description of Agenda Item:
Town Council authorized a construction contract with Mario Sinacola & Sons Excavating, Inc., at
the September 13, 2022, Town Council meeting for the First Street (Coit-Custer) 4 Lane (CIP No.
2014-ST) project in the amount of $22,412,429.35. The project consists of all work needed for
construction of four lanes of concrete roadway, underground storm drainage system, bridge
construction, concrete trails, pedestrian trail tunnel, and related grading and utility improvements
along First Street between Coit Road and Custer Road.
At the December 13, 2022, Town Council Meeting, Council awarded Change Order Number 01 in
the amount of $100,000 to accelerate the paving between Coit Road and Greenspoint to address
the higher capacity of vehicles coming out onto Coit Road with the acceleration of the opening of
High School No. 3 (Walnut Grove High School).
Change Order Number 02 accounts for the additional left turn movement from southbound Coit
Road onto First Street as parents and students head to the high school while other traffic heads
south on Coit Road to Rodgers Middle School and US 380. The additional asphalt paving being
added to southbound Coit Road will allow through traffic to continue south, while vehicles are
waiting to make the left turn onto First Street.
Additionally, Change Order Number 02 includes costs related to actual field conditions. First, an
unknown sanitary sewer manhole was buried under the existing asphalt east of Greenspoint and
was damaged during the work in preparation for the construction of the bridge. To keep the line in
service, bypass pumping was utilized for roughly one month until the new sewer pipe and manhole
were delivered, and the repairs completed. Lastly, the geotechnical report conducted prior to the
start of construction reflected the need for 27 pounds per square yard of lime for the subgrade
based ono a sampling of locations throughout the two-mile project. Once the soil was excavated
and material testing was conducted, it was determined that the soil varied more than anticipated,
and additional lime would be needed to bring the soil to the levels required to meet Town and
ENGINEERING
SERVICES
Page 63
Item 8.
Page 2 of 2
geotechnical specifications. The testing of the soils prior to liming the subgrade is a required test
on all public roadway projects and it is not uncommon to get results that deviate from initial design
estimates.
Budget Impact:
The cost for Change Order Number 02 is $402,872.69, of which $249,520.35 is allocated to the
additional left turn movement from southbound Coit Road onto First Street.
At the December 13, 2022, Town Council Meeting, Council approved $375,000 in Capital
Dedicated Funds towards this project, in Account No. 750-6610-10-00-2014-ST. Along with the
$100,000 from Change Order Number 01, the cumulative increase to the project is now 2.24%.
The total cost for the construction of the First Street (Coit -Custer) 4 Lane project (CIP No. 2014-
ST) including Change Order Number 02 is $22,915,302.04. The current construction budget,
including the approved $375,000 in Capital Dedicated Funds, is $23,775,000.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard change order
document as to form and legality.
Attached Documents:
1. Change Order Number 02
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council approve Change Order Number 02 for CSP 2022-
48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street
(Coit-Custer) 4 Lane project; and authorizing the Town Manager to execute Change Order
Number 02 for same.
Proposed Motion:
I move to approve Change Order Number 02 for CSP 2022-48-B to Mario Sinacola & Sons
Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane project;
and authorize the Town Manager to execute Change Order Number 02 for same.
Page 64
Item 8.
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Item 8.
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Item 8.
Page 67
Item 8.
Page 1 of 4
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
David Hoover, Director of Development Services.
Re: SUP Temporary Buildings
Town Council Meeting – July 11, 2023
Agenda Item:
Conduct a public hearing and consider and act upon a request by St. Martin de Porres Catholic
Church for a Specific Use Permit (SUP) for Temporary Buildings on 8.2± acres, located north of
US-380, west of South Teel Parkway. (ZONE-23-0009) (DS)
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property
Planned Development -
40 & Specific Use Permit
15
House of Worship (St.
Martin de Porres Catholic
Church) / Private Day
Care
US-380 District
North Planned Development -
40
Single Family Residential
(Windsong Ranch)
Medium Density
Residential
East Planned Development -
40 Not Developed US-380 District
South Frisco Frisco Frisco
West Planned Development -
91
Commercial (Cook
Children’s Medical
Center)
US-380 District
PLANNING
Page 68
Item 9.
Page 2 of 4
Requested Zoning – The purpose of this request is to allow construction of a new 3,584 square
foot consist of 2 Temporary Buildings. St. Martin de Porres Catholic Church is requesting to have
a temporary building for a private day care while they are in the process of planning for their future
campus masterplan. A Specific Use Permit is required for temporary buildings utilized for private
purposes. This request is to allow the use of temporary buildings on the subject property, th e
applicant will submit a site plan for consideration. A site plan for temporary buildings is active for
three years with approval from Planning & Zoning Commission. Once the three years has expired,
the applicant will have to submit another request for consideration from Planning & Zoning for a
one-year extension.
(Below is a picture of the site plan.)
(Below are pictures of the building’s façade.)
Page 69
Item 9.
Page 3 of 4
Page 70
Item 9.
Page 4 of 4
The Zoning Ordinance contains the following four (4) criteria to be considered in determining the
validity of a SUP request.
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. Are the activities requested by the applicant normally associated with the requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?
Staff believes the applicant has satisfied the criteria and recommends approval of the request.
Future Land Use Plan – The Future Land Use Plan recommends US-380 District.
Thoroughfare Plan – This property currently has direct access to South Teel Parkway.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. To date, staff has
not received a reply form in opposition.
Attached Documents:
1. Aerial and Zoning Maps
2. Proposed Exhibits
3. Letter of Intent
Planning & Zoning Recommendation:
At their June 20, 2023, meeting, the Planning & Zoning Commission recommended the Town
Council approved the request, with a vote 7-0
Commissioners questioned the length of time the temporary building would be at the site, the
timing of Site Plan versus the Specific Use Permit timing.
Town Staff Recommendation:
Town staff recommends approval of the Specific Use Permit (SUP) request by St. Martin de
Porres Catholic Church for Temporary Buildings on 8.2± acres, located north of US-380, west of
South Teel Parkway. (ZONE-23-0009)
Proposed Motion:
I move to approve/deny a request or a Specific Use Permit (SUP) by St. Martin de Porres Catholic
Church for Temporary Buildings on 8.2± acres, located north of US-380, west of South Teel
Parkway. (ZONE-23-0009)
Page 71
Item 9.
0 500 1,000250
Feet AGARITA LNHOLLYHOCK RDCHAMPIONSHIPDRCOPPER CANYON DRSILVERBELL DRURBAN HEIGHTS WAYBLUESTEM DRFOXGLOVELNPEQUIN DR
UNIVERSITYWINDSONG TEELFM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Unassigned
ZONE-23-0009
St. Martin de Porres
Catholic Church
This map for illustration purposes only
Page 72
Item 9.
0 500 1,000250
Feet
PD-40
M
PD-40
SF
A
PD-48
CC
S-15
PD-40
M
PD-40
M
PD-40
M
PD-91
R AGARITA LNHOLLYHOCK RDCHAMPIONSHIPDRCOPPER CANYONDRSILVERBELLDRURBAN HEIGHTS WAYBLUESTE
M
D
R
FOXGLOVELNPEQUIN DR
UNIVERSITYWINDSONG TEELFM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Unassigned
ZONE-23-0009
St. Martin de Porres
Catholic Church
This map for illustration purposes only
Page 73
Item 9.
PROJ. MGR.:
DRAWN BY:
DATE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYJ. BATES SURVEY, ABST. NO. 1620 & C.L. SMITH SURVEY, ABST. NO. 1681SMDPCC SCHOOL ZONINGTM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F "BHB INC"0194754 (Surv),F-21732 (Eng)CITY OF PROSPER, DENTON COUNTY, TEXAS1 OF 1
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Page 74
Item 9.
EXHIBIT B - SITE PLANEX B-1
N
PROJ. MGR.:
DRAWN BY:
DATE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BY3990 W. UNIVERSITY DR. PROSPER, TEXASST. MARTIN DE PORRES CATHOLIC CHURCHTM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng)LEGEND
BARRIER FREE RAMP
FIRE LANE
LIGHT POLE
LEGEND
BARRIER FREE RAMP
FIRE LANE
LIGHT POLE
LP
FIRE HYDRANT
Page 75
Item 9.
EXHIBIT D- FACADE PLANEX D1-1
PROJ. MGR.:
DRAWN BY:
DATE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYPROSPER, TEXASST. MARTIN DE PORRES CATHOLIC CHURCHTM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng)Page 76
Item 9.
EXHIBIT D- FACADE PLANEX D1-2
PROJ. MGR.:
DRAWN BY:
DATE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYPROSPER, TEXASST. MARTIN DE PORRES CATHOLIC CHURCHTM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng)Page 77
Item 9.
EXHIBIT D- FACADE PLANEX D2-1
PROJ. MGR.:
DRAWN BY:
DATE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYPROSPER, TEXASST. MARTIN DE PORRES CATHOLIC CHURCHTM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng)Page 78
Item 9.
EXHIBIT D- FACADE PLANEX D2-2
PROJ. MGR.:
DRAWN BY:
DATE:
SHEET
PROJ. ASSOC.:DATEREVISIONSDRAWN BYPROSPER, TEXASST. MARTIN DE PORRES CATHOLIC CHURCHTM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng)Page 79
Item 9.
Letter of Intent and Purpose
Acreage of Subject Property
The applicant requests to amend the zoning of the subject property from PD-40 (Planned Development
– Mixed use) for a Specific Use Permit (SUP).
The project is located on 8.238 acres and will house temporary school buildings on the St. Martin De
Porres Catholic Church campus in Prosper, Texas. These temporary school buildings will allow members
of the congregation as well as the community to attend private school while the school prepares and
constructs an addition to the school campus.
Detailed Justification and / or supporting documentation as to why the applicant is requesting to
rezone the subject property to a specific use permit.
The subject site is currently zoned Planned Development which is a district that accommodates planned
associations of uses such as offices, commercial or service centers, shopping centers, residential
development of multiple or mixed housing (including attached single-family dwellings), or any
appropriate combination of uses that may be planned, developed, or operated as integral land use units
either by a single owner or a combination of owners. A PD District may be used to permit new or
innovative concepts in land utilization not permitted by other zoning districts in this chapter. While
greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the
development to occur, procedures are established herein to ensure against misuse of increased
flexibility.
The Specific Use Permit is a zone that provides the town an opportunity to approve, conditionally
approve, or deny identified specific uses that may be permitted in specified zoning districts. These uses
generally have unusual nuisance characteristics or are of a public or semi-public character and are often
essential or desirable for the general convenience and welfare of the community. However, because of
the nature of the use, the importance if the use’s relationship to the Comprehensive Plan, and possible
adverse impacts on neighboring properties review, evaluation, and exercise of sound planning
judgement relative to the location and site plan are required.
The Subject property will be temporary school buildings on the St. Martin De Porres Catholic Church
Campus which will allow the community various options for education.
Describe any other special considerations or unique characteristics of subject property.
In accordance with Chapter 3 (Permitted uses and definitions), Section 1 (Use of Land and Buildings)
Section 1.4 goes over conditional development standards. Number 7 of Section 1.4 addresses temporary
buildings, which states that temporary buildings are permitted by right for houses of worship however,
temporary buildings for private enterprises are permitted by SUP. Based on correspondence with the
Town of Prosper officials a private school use would require SUP.
Page 80
Item 9.
Page 1 of 10
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
David Hoover, Director of Development Services.
Re: Rezoning Request: Pradera
Town Council Meeting – July 11, 2023
Agenda Item:
Conduct a public hearing and consider and act upon a request to rezone 34.7± acres from
Commercial District (C) to a new Planned Development for Mixed Use, located northside of
Prosper Trail and west of Dallas Parkway. (Z22-0019)
History:
The applicant has submitted a request for rezoning on November 7th, 2022. There have been
multiple discussions with Town Council, Planning & Zoning Commissioners, and Town Staff.
Since then, the applicant has revised the following (See Attachment 9):
1. The applicant has created a trigger that requires all the townhomes in the neighborhood sub-
district to have certificate of occupancy prior to commencing any work with the highway sub-
district. In addition, one retail building shall complete slab construction prior to commencing
any other work in Highway Subdistrict. Further, Street Section D, as shown on Exhibit D.3,
shall be built with Block D, Lots 1 and 2.
2. A property owner’s association (POA) shall be approved by town staff.
3. Created separate definitions and requirements on apartments and condominiums.
4. Revised the non-residential on the first floor within the highway subdistrict and specifically
requires retail uses to encourage vibrant uses within the mixed-use development.
5. Apartment buildings shall have a setback of 250 feet from the Dallas North Tollway.
6. Uses and standards in conformance with Dallas North Tollways Design Guidelines
7. The applicant reduces the density from 830 units to 730 units and specifically calls out
allowance on apartments and condominiums (for sale product).
8. Minimum heights for certain uses
9. Provided architectural standards and design guidelines.
10. Minimum and maximum density for Townhomes
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
PLANNING
Page 81
Item 10.
Page 2 of 10
Zoning Current Land Use Future Land Use
Plan
Subject
Property Commercial District (C) Undeveloped Dallas North Tollway
District
North Commercial Corridor District
(CC) Undeveloped Dallas North Tollway
District
East Commercial Corridor District
(CC) Undeveloped Dallas North Tollway
District
South Commercial Corridor District
(CC) Undeveloped Dallas North Tollway
District
West Planned Development-36
(PD36)
Single Family
Residential (Legacy
Garden)
Medium Density
Residential
Requested Zoning
The purpose of this request is to rezone Commercial District (C) to a new Planned Development
for Mixed Use. The applicant is proposing a mixed used development with 2 sub-districts as
shown below. The proposed sub-districts are neighborhood and highway sub-districts.
The neighborhood sub-district (9± acres) is to provide for a variety of developments in a suburban
type setting which will provide residential units and supporting retail space. The subdistrict is
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Item 10.
Page 3 of 10
adjacent to Shawnee Trail is acting as a buffer and transition toward the residential across
Shawnee with less intense uses, additional setbacks and reduced height.
The highway sub-district (25± acres) is to encourage the creation of a pedestrian-oriented,
vertically integrated, mixed-use, urban environment, providing shopping, employment, housing,
business, and personal services. This sub-district promotes an efficient, compact land use
pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the
district; promoting a functional and attractive community using urban design principles; and
allowing developers flexibility in land use and site design.
Many of the development standards, located in Exhibit C, conform to the Town’s Zoning
Ordinance. Due to the proposed development’s unique design and the property being located
along the Dallas North Tollway, the applicant is proposing detailed development and design
standards, some of which deviate from the Zoning Ordinance. The applicant has made some
recent modifications that include triggers, multifamily units/ condominiums specifications, mixed
use details, a list of prohibited uses, and other minor modifications.
The proposed standards that are unique to the property are summarized below and does not
contain all standards:
High Density Residential Development – The highway sub-district is proposing to have a
maximum allowance of 730 units through the highway sub-district. Seventy-five percent (75%)
(No more than 500 units) of allowed residential units shall be developed as apartments and the
other twenty-five percent (25%) (No more than 230 units) of allowed residential units shall be
developed as condominiums (for sale products). The first-floor square footage of the Highway
Subdistrict shall be used for non-residential uses. A minimum of 50% of the first-floor square
footage of all buildings containing residential units (Apartments) shall be used for retail uses. A
minimum of 25% of the first floor of an office and hotel use building shall be used for retail uses.
Town-wide Multi-family Units - In addition, there are currently 6,260 multifamily units entitled
through zoning approvals in the Town (please see map below). With this development, the total
multifamily units would increase to 6,990 multifamily units. See map of entitled units below.
Page 83
Item 10.
Page 4 of 10
Triggers – The applicant has proposed the following triggers:
The development of the entire townhomes (at least 42 townhome units) in the Neighborhood
Sub-District will have certificates of occupancy prior to commencing work within the Highway
Sub-District.
The development of one minimum retail building as identified on Exhibit D.2 as either Lot 4 or
Lot 2, Block 1 shall have completed slab construction prior to commencing any other work in
Highway Subdistrict.
Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and 2.
Building Height – The maximum building height allowed by the Zoning Ordinance is two (2)
stories in the Commercial District. However, the Dallas North Tollway Design Guidelines allows
up to twelve (12) stories along the tollway. The applicant is proposing twelve (12) stories for the
highway sub-district and the maximum height for the neighborhood subdistrict is three stories or
thirty-five feet (35’) for townhomes and three stories or forty-five feet (45’) for commercial
development. The applicant has proposed minimum building height by use type:
a. Office: four (4) story.
b. Multifamily
i. Apartments: four (4) story.
ii. Condominiums: four (4) story.
c. Hotel: four (4) story
d. Retail: one (1) story.
Building Materials – The approved primary exterior building materials for multifamily and non-
residential development in the Zoning Ordinance are clay fired brick, natural and manufactured
Page 84
Item 10.
Page 5 of 10
stone, granite, marble, and stucco. The use of stucco and EIFS are only permitted as secondary
or accent materials.
The applicant is proposing materials such as brick, natural and manufactured stone, curtain wall
and window wall glazing, and cementitious panel system shall be considered primary materials.
Primary materials shall comprise of at least seventy-five percent (75%) of each elevation,
exclusive of doors and windows. Where cementitious panel is applied, it shall be limited to no
more than 50% of a building’s material. Non-primary, or secondary materials, may include stucco
and metal panel systems.
Where Multifamily is concerned, primary materials shall be limited to brick, natural and
manufactured stone, and cementitious panel system.
Below are conceptual renderings of the development. The applicant will enter into a development
agreement.
Page 85
Item 10.
Page 6 of 10
Building Setbacks – Many of the building setbacks in the highway and neighborhood sub-
districts have been reduced or removed in order to allow the proposed mixed-use development
to conform to Exhibit D. The 25-foot and 30-foot landscape setbacks from the adjacent minor and
major thoroughfares remain the same and conform to the Zoning Ordinance/Dallas North Tollway
Design Guidelines. The building setbacks in the neighborhood sub-district reflect the typical
“suburban” setting of the townhomes and commercial development. Any development with on-
street parking, a build to line shall be required. All apartment buildings shall have a setback of
250’ from the Dallas North Tollway. The purpose of this provision is to screen the apartment
buildings with office buildings from the Dallas North Tollway.
Design Guidelines – The applicant is proposing specific design guidelines to address the
pedestrian-oriented mixed-use development in the highway and neighborhood sub-districts. The
design guidelines add to the development standards and address design principles, site design,
building design, public realm design, and streetscapes.
Parking Standards – Due to the urban/walkable setting, the applicant is proposing a mixed-use
reduction of 20% shall be applied to the overall development except for townhomes. Staff
understands that the applicant is proposing a live/work/play environment so has no issues with
the parking reduction. The applicant has also requested a shared parking within the entire
Planned Development excluding the townhomes.
Landscaping - The applicant is proposing specific design guidelines to address the pedestrian-
oriented mixed-use development in the sub-districts. The applicant has also incorporated Dallas
North Tollway Guidelines within the development standards. These standards include the
following, but not limited to:
One (1) large tree, four (4) inch caliper minimum (at the time of planting) per twenty-five
(25) feet of linear roadway frontage shall be planted within the required landscaped area.
The trees may be planted in groups with appropriate spacing for species.
Page 86
Item 10.
Page 7 of 10
Shrub plantings shall be provided at a minimum rate of 22 shrub plantings per thirty (30)
linear feet which shall be a minimum of five (5) gallon shrubs (at the time of planting).
Parking abutting the landscaped area will be screened from the adjacent roadway. The
required screening may be with shrubs or earthen berms.
All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement
shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved
root barrier is utilized.
Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper minimum, with
no more than fifteen (15) parking spaces permitted in a continuous row without being
interrupted by a landscape island.
Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not less
than nine (9) feet wide, measured from the inside face of curb, and a length equal to the abutting
space.
All above grade utilities and trash enclosures in landscape areas shall be screened with
evergreen plant material.
Open Space - Per our zoning ordinance, 20% open space is required for Townhomes, 7% for
non-residential, and 30% for multifamily use. Due to the unique design of the development, the
applicant is proposing minimum 20% which includes landscape easements, setbacks, public
plazas, and detention ponds.
Comparison Table regarding Major development standards.
Below is a comparison table outlining the proposed development standards that deviate from the
minimum standard per the zoning ordinance.
Town of Prosper NEW PD
Maximum Permitted
Density for Multi-
Family:
MF District: 370 MF units
allowed based on a standard
MF zoning. (15 units per
acre.)
Density shall not exceed 730 MF.
(29 units per acre)
Maximum Permitted
Density for
Townhomes:
TH District: 90 TH units
allowed based on a standard
TH zoning. (10 units per
acre.)
Maximum density shall not exceed
60 TH units. (6.6 units per acre)
Maximum Height: Commercial District: Two
stories, no greater than 40
feet.
Dallas North Tollway Design
Guidelines and
Comprehensive Plan: Up to
12 Stories
Highway Subdistrict
12 stories
Neighborhood Subdistrict
Townhomes
o Thirty-Five (35) feet,
three (3) stories.
Commercial
o Forty-five (45) Feet
or three (3) stories
Building Material 100 percent masonry as
defined in Chapter 3, Section
2. The use of stucco and
EIFS are only permitted as
secondary or accent
materials.
Materials such as brick,
natural and manufactured
stone, curtain wall and
window wall glazing, and
cementitious panel system
shall be considered primary
materials. Primary materials
shall comprise of at least
seventy-five percent (75%) of
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Item 10.
Page 8 of 10
each elevation, exclusive of
doors and windows. Where
cementitious panel is applied,
it shall be limited to no more
than 50% of a building’s
material. Non-primary, or
secondary materials, may
include stucco and metal
panel systems.
Parking
requirements
3,861 minimum parking
spaces required based on the
use.
A mixed-use reduction of 20% shall
applied to the overall development,
except for townhomes.
3,204 are being proposed.
Future Land Use Plan – The Future Land Use Plan recommends Dallas North Tollway District.
2022 Dallas North Tollway Design Guidelines –
The Dallas North Tollway is a primary thoroughfare within the Town of Prosper and one
of the most heavily traveled roadways in North Texas. It is recognized that the Dallas North
Tollway will serve as a significant opportunity for economic development and a sustainable
tax base for the Town. The Comprehensive Plan identified the Dallas North Tollway as a
future location for the Town’s most intense land uses. The purpose of these design
guidelines is to provide direction on land use and design for future development that the
Town of Prosper envisions on the Dallas North Tollway. Design guidelines define the
qualities of building and site design that make successful projects and are tools for guiding
projects to positive development outcomes.
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Item 10.
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Per the guideline, “Multi-family Developments - The Town Council may permit a multi-
family housing as part of a wholistic development that includes a combination of
businesses designed to create a live, work and play environment. These businesses can
be, but are not limited, retail, office, recreational, family-friend entertainment and/or
restaurant establishments. If multi-family housing is part of a development proposal that
includes businesses and/or amenities described in Section F. “Business Establishments
Pursuant to the Town’s Vision” increased density may be permitted. It is highly
recommended that multi-family units be designed with structure parking as opposed to
surface parking.”
The applicant has proposed development standards that are consistent with the Dallas
North Tollway Design Guidelines.
Thoroughfare Plan – The property is bounded to the east by the Tollway and west by Shawnee
Trail.
Parks Master Plan – The Parks Master Plan does not identify a park on the subject property, at
this time.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve
the request. Notification was provided to neighboring property owners as required by state law.
To date, staff has received one letter in response to the proposed zoning request.
Attached Documents:
1. Aerial and Zoning Maps
2. Proposed Exhibits
3. Reply Form
4. MF Exhibits
5. Comprehensive Plan MF Design Guidelines
6. Comprehensive Plan Future Land Use Types
7. Dallas North Tollway Design Guidelines
8. Dallas North Tollway Design Guidelines Comparison Chart
9. Original vs Redlines Comparison Chart
Planning & Zoning Recommendation:
At their June 20, 2023, meeting, the Planning & Zoning Commission recommended the Town
Council approved the request, with a vote 7-0
Commissioners question amount of parking spaces per condominium, parking pertaining to the
office, parking for each area of the plan, amount of greenspace available, lighting, ratio of
multifamily units, amenities, triggers for the townhouses and the public comments available.
Commissioners overall like the changes from last time and appreciate the work that was put in,
would have wanted to have more support from the community, more greenspace, and
pedestrian amenities.
Tow n Staff Recommendation:
The request to rezone 34.7 ± acres is located north of Prosper Trail and west of the Dallas North
Tollway, a major corridor into the Town of Prosper, and aims to create a unique mixed-use
development that includes detailed design and development standards. The zoning request
allows for the development of a mixed-use development that includes vertical integration of office,
retail, and/or high-density residential uses in the same building, an office park, and a
neighborhood retail center. There are concerns with the additional multifamily units as per the
comprehensive plan. The Dallas North Tollway Design Guidelines expected additional multifamily
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Item 10.
Page 10 of 10
units along the Dallas North Tollway. Staff is recommending approval because this request follows
the design guidelines and will provide innovative opportunities that the Town envisions along the
Dallas North Tollway.
Proposed Motion:
I move to approve/deny a request to rezone 34.7± acres from Commercial District (C) to a new
Planned Development for Mixed Use, located northside of Prosper Trail and west of Dallas
Parkway. (Z22-0019)
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Item 10.
0 760 1,520380
Feet DALLASFM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Planned Development
Z22-0019
Pradera PD
This map for illustration purposes only
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Item 10.
0 760 1,520380
Feet
PD-8
SF-10
CC
CC
CC
C
PD-36
SF-10/12.5
PD-35
MF
CC
PD-8
SF-10
PD-44
SF
PD-63
SF-15
PD-69
R
DALLASFM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Planned Development
Z22-0019
Pradera PD
This map for illustration purposes only
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Item 10.
“”
“”
“”
“”
“”
TOWN OF PROSPER PROJECT NO: ____________
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Item 10.
Exhibit “A”
BEING a 40.065 acre tract of land situated in the Collin County School Land Survey, Abstract Number
147, Collin County, Texas and being all of that called 34.709 acre tract of land described by deed to
AABVC-DNT-West-FRT, LP, recorded in County Clerk’s File Number 2021082001693210, Deed
Records, Collin County, Texas and all of that called 5.368 acre tract of land described by deed to
Collin County, recorded in Volume 5949, Page 2222, Deed Records, Collin County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the southeast corner
said called 34.709 acre tract, said iron rod also being the southwest corner of said called 5.386 acre
tract and being in the north line of that called 40.066 acre tract of land described by deed to Cothran
Malibu, LP, recorded in County Clerk’s File Number 20150105000009000, Deed Records, Collin
County, Texas;
THENCE South 87 degrees 52 minutes 23 seconds West, 1108.44 feet along the south line of said
called 34.709 acre tract and said north line of the called 40.066 acre tract to a 5/8 inch iron rod with
cap stamped “MANHARD” set at the northwest corner of said called 40.066 acre tract;
THENCE North 89 degrees 57 minutes 32 seconds West, 43.17 feet, continuing along said south line
of the called 34.709 acre tract to a 5/8 inch iron rod with cap stamped “MANHARD” set at the
southwest corner of said called 34.709 acre tract;
THENCE North 00 degrees 45 minutes 11 seconds West, 1324.66 feet along the west line of said
called 34.709 acre tract to a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the
northwest corner of said called 34.709 acre tract, said iron rod also being the southwest corner of
that called 34.557 acre tract of land described by deed to Urban Heights at Frontier LLC, recorded in
County Clerk’s File Number 2022000131196, Deed Records, Collin County, Texas;
THENCE North 89 degrees 22 minutes 58 seconds East, 1146.49 feet along the north line of said
called 34.709 acre tract and the south line of said called 34.557 acre tract to a 1/2 inch iron rod with
cap stamped “PRESTON TRAIL” found at the northeast corner of said called 34.709 acre tract, said
iron rod also being the southeast corner of said called 34.557 acre tract and the northwest corner of
the aforementioned called 5.386 acre tract;
THENCE North 89 degrees 26 minutes 22 seconds East, 187.36 feet along the north line of said called
5.386 acre tract to a 1/2 inch iron rod found at the northeast corner of said called 5.386 acre tract;
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Item 10.
THENCE South 00 degrees 43 minutes 44 seconds East, 1290.88 feet along the east line of said
called 5.386 acre tract to a 1/2 inch iron rod found at the southeast corner of said called 5.386 acre
tract, said iron rod also being in the north line of the aforementioned called 40.066 acre tract;
THENCE South 87 degrees 50 minutes 46 seconds West, 182.07 feet along the south line of said
called 5.386 acre tract and said north line oof the called 40.066 acre tract to the POINT OF
BEGINNING and containing 1,745,218 square feet or 40.065 acres of land, more or less.
__________________________________
Jeremy Luke Deal
Registered Professional Land Surveyor
Texas Registration Number 5696
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Item 10.
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PLANNED DEVELOPMENT NO. 119
EXHIBIT B—Planned Development Purpose and Intent:
This planned development is intended to provide for and encourage development that contains a
compatible mix of residential, office, and commercial uses within close proximity to each other, rather
than separating uses.
The use provisions define land uses and the siting and character of the improvements and structures
allowed on the land in a manner that encourages a balanced and sustainable mix of uses. These uses
may be combined either vertically in the same building, or horizontally in multiple buildings, or through
a combination of the two.
Additionally, the standards are intended to promote an efficient pedestrian-access network that
connects the nonresidential and residential uses. The planned development generally addresses the
physical relationship between development and adjacent properties, public streets, neighborhoods, and
the natural environment. This is accomplished by the following;
• Ensuring buildings relate appropriately to surrounding developments and streets which create
cohesive visual identity and attractive street scenes.
• Ensuring site design promotes efficient pedestrian and vehicle circulation patterns.
• Ensuring the creation of high-quality street and sidewalk environments that are supportive of
pedestrian mobility and that are appropriate to the roadway context.
• Ensuring large sites are developed in a manner that supports and encourages connectivity and
creates a cohesive visual identity and attractive street scene.
In order to implement this vision, the standards affecting development are intended to be consistent
with the overall goal. To accomplish this goal, the area has been subdivided into a series of sub-districts
with development restrictions that will be necessary to achieve their collective individuality.
The purpose of sub-district requirements is to define the character of new development within each
sub-district. They have been carefully designed to allow enough flexibility for creative building solutions,
while being prescriptive in areas necessary to preserve consistency throughout the development.
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2
EXHIBIT C—Sub-District Regulations:
Development Plans
Concept Plan:
A. The tract shall be developed in general accordance with the attached concept plan, set forth in
Exhibits D2, D3, and D4.
B. Triggers
a. Neighborhood Sub-District:
i. Development shall be phased such that all of the townhomes will have
certificates of occupancy prior to commencing work within the Highway Sub-
District.
ii. Development shall be phased such that at minimum one (1) retail building, as
identified on Exhibit D.2 as either Lot 4 or Lot 2 Block 1, shall have completed
slab construction prior to commencing work within the Highway Sub-District.
b. Highway Sub-District:
i. Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and
2.
C. Where conflicts may arise between Exhibit C and Exhibit D, Exhibit C shall govern.
Elevations:
A. The tract shall be developed in general accordance with the attached elevations, set forth in
Exhibits F.
Administrative:
A. The property owner’s association (POA) shall be approved by town staff.
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HIGHWAY SUB-DISTRICT
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4
HIGHWAY SUB-DISTRICT
Purpose & Intent
The purpose of the Highway Sub-District is to encourage the creation of a pedestrian-oriented, vertically
integrated, mixed-use, urban environment, providing shopping, employment, housing, business, and
personal services. This sub-district promotes an efficient, compact land use pattern; encouraging
pedestrian activity; reducing the reliance on private automobiles within the district; promoting a
functional and attractive community using urban design principles; and allowing developers flexibility in
land use and site design.
The Highway Sub-District is to be an area with a mixture of intense uses. Buildings are close to and
oriented toward the street. There is a connected street pattern, shared parking, and pedestrian
amenities.
Site Criteria
A. Size of Yards:
1. Minimum Front Yard
a. On Dallas North Tollway: Fifty (50) feet.
b. On all other streets: Ten (10) feet.
2. Minimum Side Yard: Zero (0) feet.
3. Minimum Rear Yard: Zero (0) feet.
B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a
line parallel to a public or private street where the primary facade of the building must be built to.
1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at
the minimum front yard setback. The primary facade shall be continuous along a block face and
at least 70% shall be located within 5’ of the build-to-line.
2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling
shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be
allowed within the front setback. Any land remaining in the setback shall be landscaped with
plant materials other than grass and shall be irrigated per the requirements established.
C. Size of Lots:
1. Minimum Size of Lot Area: Twenty Thousand (20,000) square feet
2. Minimum Lot Width: Fifty (50) feet.
3. Minimum Lot Depth: Sixty (60) feet.
D. Maximum Lot Coverage: One hundred (100) percent, subject to Detention and Open Space.
E. Floor Area Ratio: Maximum 10.0:1.
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F. Housing: The following performance standards shall apply to residential development.
1. For the purposes of this Sub-District, Apartment and Condominiums are considered
Multifamily and shall be defined as follows:
a. Apartments- a predominantly residential building in which each unit is leased by the
owner to an individual entity.
b. Condominiums- a predominantly residential building in which each unit is owned by
an individual entity.
2. The maximum density allowed shall be no more than seven hundred and thirty (730) units
within the Highway Sub-District. Studio, One, Two, and Three Bedroom units shall be a minimum
of 650 square feet.
a. Apartments shall be no more than five hundred (500) units.
i. There shall be at least 65% Studios and One-Bedroom units.
ii. There shall be no more than 35% Two and Three-Bedroom units.
b. Condominiums shall be no more than two hundred thirty (230) units.
i. There shall be at least 60% Studios and One-Bedroom units.
ii. There shall be no more than 40% Two and Three-Bedroom units.
3. Where first-floor square footage of the Highway Subdistrict shall be used for non-residential
uses, the following provisions for retail use shall apply.
Retail, for the sake of this subsection shall include beauty salon/barber shop, commercial
amusement (indoor), furniture/ home furnishings store, gymnastics/dance studio, health/fitness
center, museum/art gallery, restaurant (without drive-thru/drive-in service), retail store and
shops, retail service/incidental use, and theatre.
a. Office: minimum 25% retail use.
b. Residential
i. Apartments: minimum 50% retail use.
ii. Condominiums: minimum 0% retail use.
c. Hotel: minimum 25% retail use.
4. Apartment buildings shall have a setback of Two Hundred Fifty (250) feet from the Dallas
North Tollway (DNT).
G. Parking:
1. The number of parking spaces provided for uses shall be in accordance with the breakdown
established in the GENERAL REQUIREMENTS section of these standards.
2. Required parking shall be located and maintained anywhere within the PD No. 119, including
all sub-districts.
a. Where Townhome uses are concerned, parking may not be shared.
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6
3. On-street parking and shared parking anywhere within the PD No. 119, including all sub-
districts, except for Townhome uses, may be counted towards meeting the off-street parking
requirement for any use within the sub-district.
4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted as
depicted in exhibit D street sections.
5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public
& Emergency Access Easement.
6. When structured garages are provided, adequate access from public rights-of-way via private
drives and/or access easements shall be made readily available.
7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
8. Speed bumps/humps are not permitted within a fire lane nor public roads.
11. Dead-end parking aisles are not permitted in surface parking lots.
12. In the case of mixed uses, parking spaces may be shared.
13. For all residential uses, a minimum of eighty percent (80%) of parking shall be contained in a
structured parking garage.
H. Service Equipment and Areas:
1. Loading docks, truck parking, trash collection, trash compaction, and other service functions
shall be incorporated into the overall design of the building or placed behind or on the side of a
building. On corner lots, these areas should be located behind the buildings. All solid waste
trash collection structures shall be designed to accommodate the Town’s current trash service
provider. This includes, but not limited to, minimum dumpster enclosure requirements,
approach geometry and other features for operational needs.
2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and
other machinery, where practical, should be located at the rear of the property.
a. Public water meters shall be located within easements, outside of pavement,
and adjacent (within 2-5 feet) to Public & Emergency Access Easement or
dedicated fire lanes that include utility easements.
I. Screening:
1. Service equipment and areas shall be screened so the visual impacts of these functions are
fully contained and out of view from adjacent properties and public streets to the extent that
screening is allowed by utility providers.
2. Solid waste collection and loading areas shall be located to minimize visibility. These areas
shall be screened, at minimum, by a eight (8) foot high wall built with the same materials as
used for the principal building, or an otherwise approved solid masonry material. Trash
dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall
generally always remain closed. Waste collection and loading area walls shall include shrubbery
as to screen walls from the public realm.
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3. Where rooftop-mounted mechanical equipment is not screened from view at a point twenty
feet above ground level at the property line, alternative forms of screening are required, and
may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of
Development Services.
J. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the
above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted
to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front
of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least
30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each
residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to
the street.
K. Streets and Sight Triangles:
1. For plantings within ten (10) feet of any public street intersection, shrubs and groundcover
shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of
clearance measured from the top of the ground surface to the first branch along the tree trunk.
2. Root barriers shall be installed where street trees are planted within 5 feet of pavement
within Public & Emergency Access Easement.
Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as
set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of
Prosper.
L. Landscaping: The standards and criteria contained in this Section are the minimum standards for all
new development. Where the regulations of this Section conflict with the Town of Prosper Zoning
Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply.
Unless specifically identified in this Section, new developments shall comply with the landscape
standards established in the Town of Prosper Zoning Ordinance and the Dallas North Tollway (DNT
Guidelines as of the date of adoption of this ordinance or as amended.
1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall
provide interior landscaping as follows:
a. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a
Town approved root barrier is utilized.
b. Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper
minimum, with no more than fifteen (15) parking spaces permitted in a continuous row
without being interrupted by a landscape island.
c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not
less than nine (9) feet wide, measured from the inside face of curb, and a length equal
to the abutting space.
d. All above grade utilities and trash enclosures in landscape areas shall be screened
with evergreen plant material.
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e. For streets with on-street parking, trees shall be installed against the curb, within the
sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the
development.
2. Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping shall be placed a minimum of two and one-
half (2’-6”) feet from a town sidewalk or alley. Reduction of this requirement is subject
to review and approval by the Assistant Town manager or their designee.
b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be
irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation.
c. Rain/Freeze sensors shall be installed on all irrigation systems.
3. Drought tolerant and/or native plants from the Town’s approved plant list are required for
compliance. Other species may be utilized with approval from the Town as part of the Final Site
Plan process.
a. Trees in sidewalks adjacent to on-street parking will be specifically selected with
approval from the Town.
4. All Landscape areas to be kept free of weeds, invasive plant species, and trash.
5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way.
Building Criteria
The standards and criteria contained in this Section are the minimum standards for all new
development. The regulations of this Section shall govern where the regulations of this Section conflict
with the Town of Prosper Zoning Ordinance.
A. Tri-partite Architecture: All multi-story, mixed use buildings shall be designed and constructed in
tri-partite architecture (having a distinct base, middle, and top) or an alternative, scale appropriate
architectural treatment.
B. Building Height
1. Maximum Building Height: Twelve (12) stories.
a. Architectural embellishments not intended for human occupancy that are integral to
the architectural style of the buildings, including spires, belfries, towers, cupolas,
domes, and roof forms whose area in plan is no greater than 23% of the first-floor
footprint may exceed the height limits by up to twenty (20) feet.
b. Mechanical equipment, including mechanical/elevator equipment penthouse
enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire
sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above
the actual building height, provided that: 1) they are setback from all exterior walls a
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distance at least equal to the vertical dimension that such item(s) extend(s) above the
actual building height, or 2) the exterior wall and roof surfaces of such items that are set
back less than the vertical dimension above the actual building are to be constructed as
architecturally integral parts of the building facade(s) or as architectural embellishments
as described above. Mechanical equipment shall not be visible from the public right-of-
way, measured at six (6) feet above finish grade at the Public & Emergency Access
Easement line.
2. Minimum Building Height by use type:
a. Office: four (4) story.
b. Multifamily
i. Apartments: four (4) story.
ii. Condominiums: four (4) story.
c. Hotel: four (4) story
d. Retail: one (1) story.
C. Building Materials:
1. Materials such as brick, natural and manufactured stone, curtain wall and window wall
glazing, and cementitious panel system shall be considered primary materials. Primary materials
shall comprise of at least seventy-five percent (75%) of each elevation, exclusive of doors and
windows. Where cementitious panel is applied, it shall be limited to no more than 50% of a
building’s material. Non-primary, or secondary materials, may include stucco and metal panel
systems.
a. Where Multifamily is concerned, primary materials shall be limited to brick, natural
and manufactured stone, and cementitious panel system.
2. Only primary building materials are allowed on the first floor with the exception of
cementitious panels. For purposes of this section, the first floor shall be at least nine (9) feet
high and, at minimum, 90% shall be constructed of masonry cladding.
3. All buildings shall be architecturally finished on all sides with articulation, detailing, and
features. Architectural articulation, detailing, and features are not required for facades adjacent
to a building or parking garage.
D. Window Areas:
1. For buildings which front on streets with on-street parking and contain non-residential uses
on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be
windows.
a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black
glass that blocks two-way visibility is only permitted above the first story.
b. pink or gold glass shall be prohibited.
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E. Building Entries:
1. Main building entries shall be highlighted using such techniques as building articulation
and/or entry canopies so they are obvious to pedestrians and motorists.
2. Each building and separate lease space at grade along the street edge shall have a functioning
Primary Entry from the sidewalk. Corner entries may count as a Primary Entry for both
intersecting street fronts.
F. Awnings, canopies, Arcades, & Overhangs:
1. Structural awnings are encouraged at the ground level to enhance articulation of the building
volumes.
2. The material of awnings and canopies shall be architectural materials that complement the
building.
3. Awnings shall not be internally illuminated.
4. Canopies should not exceed one hundred (100) linear feet without a break of at least five (5)
feet.
5. Canopies and awnings shall respect the placement of street trees and lighting.
G. Building Articulation:
1. That portion of the building where retail or service uses take place on the first floor shall be
accentuated by including awnings or canopies, different building materials, or architectural
building features.
2.Building facades fronting both streets and driveways should have massing changes and
architectural articulation to provide visual interest and texture and reduce large areas of
undifferentiated building facade. Design articulation should employ changes in volume and
plane. Architectural elements including projecting volumes, windows, balconies, loggias,
canopies, pediments, and moldings that break up the mass of the building are encouraged.
H. Above Grade Structured Parking:
1. Where parking garages are within views of public streets, openings in parking garages shall
not exceed 55% of the facade area. The portion of the parking garage that is visible from the
street shall have an architecturally finished facade compatible with the surrounding buildings.
2. It is the intent of this provision that the facades of surrounding buildings and the facades of
any parking structures within view of public streets shall be visually similar, with construction
materials being compatible.
3.Entries and exits to and from parking structures shall be clearly marked for both vehicles and
pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks.
I. Projections into Setbacks and/or Rights-of-Way:
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The following projections shall be permitted into a building setback or Public & Emergency Access
Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or
right-of-way of Dallas North Tollway; 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; 5) no projections allowed over
franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade;
and 6) no projections allowed over public utility where located within a fire lane or public utility
easement.
1. Ordinary building projections, including, but not limited to water tables, sills, belt courses,
pilasters, and cornices may project up to twenty-four (24) inches beyond a building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st
floor only); below grade vaults and areaways; and elements of a nature similar to those listed;
may project up to ten (10) feet beyond the building face into the setback, but not the Public &
Emergency Access Easement.
4. Canopies and/or awnings may project from the building face over the entire setback.
Additionally, they may be extended into the Public & Emergency Access Easement to be within
eight (8) 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 twenty-four (24) inches from the
back of curb and does not extend over any fire lane or public utility easement.
5. Below-grade footings approved in conjunction with building permits.
Permitted Uses
Schedule of Permitted Business Establishments for the Dallas North Tollway District: Uses followed by an
-S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to conditional
development standards located in the Town’s Zoning Ordinance as it exists or may be amended.
Administrative, Medical, Insurance or Professional Office
Antique Shop
Automobile Paid Parking Lot/Garage
Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop as an Incidental Use
Big Box (S)
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Building Material and Hardware Sales, Major (S)
Business Service
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor (S)
Farm, Ranch, Stable, Garden, or Orchard
Food Truck Park (C)
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
Health/Fitness Center (S)
Helistop (S)
Hospital
Hotel, Full Service (C)
House of Worship
Massage Therapy, Licensed as an Incidental Use
Meeting/Banquet/Reception Facility (S)
Mobile Food Vendor (S)
Multifamily
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Outdoor Merchandise Display, Temporary
Park or Playground
Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed
Research and Development Center (S)
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Restaurant without Drive-thru or Drive-in Service (C)
Retail Stores and Shops
Retail/Service Incidental Use
School, Private or Parochial
School, Public
Telephone Exchange
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
Theater, Regional
Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
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NEIGHBORHOOD SUB-DISTRICT
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NEIGHBORHOOD SUB-DISTRICT
Purpose & Intent
The purpose of the Neighborhood Sub-District is to provide for a variety of developments in a suburban
type setting which will provide residential units and supporting retail space.
Site Criteria
A. Size of Yards:
1. Townhomes (lots shall be fee-simple)
i. Minimum Front Yard: Ten (10) feet.
ii. Minimum Side Yard: Zero (0) feet.
iii. Minimum Rear Yard: Twenty (20) feet.
iv. Maximum Building Height: Thirty-Five (35) feet (as measured from the finish floor to
the top plate), or three (3) stories.
v. Minimum Dwelling Area: One Thousand (1,000) square feet.
vi. Minimum Building Separation: Twenty (20) feet.
vii. Maximum Units Per Building: six (6) units
2. Commercial
i. Minimum Front Yard: Ten (10) feet.
ii. Minimum Side Yard: Five (5) feet.
iii. Minimum Rear Yard: Five (5) feet.
iv. Maximum Building Height: Forty-five (45) Feet (as measured from the finish floor to
the top plate), or three (3) stories
B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a
line parallel to a public or private street where the primary facade of the building must be built to.
1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at
the minimum front yard setback. The primary facade shall be continuous along a block face and
at least 70% shall be located within 5’ of the build-to-line.
2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling
shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be
allowed within the front setback. Any land remaining in the setback shall be landscaped with
plant materials other than grass and shall be irrigated per the requirements established.
3. Residential lots may front on public or private open space or a property owner's association
lot.
C. Size of Lots:
1. Minimum Size of Lot Area: Three thousand (3,000) square feet
2. Minimum Lot Width: Twenty (20) feet.
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3. Minimum Lot Depth: Sixty (60) feet.
D. Maximum Lot Coverage: One Hundred (100) percent. Parking structures and surface parking facilities
shall be excluded from lot coverage computations.
E. Floor Area Ratio: Maximum 5.0:1.
F. Housing: The following performance standards shall apply to residential development.
1. The maximum density allowed shall be sixty (60) units within the Neighborhood Sub-District.
2. The minimum number of townhome units shall be forty-two (42) units.
G. Maximum Floor Area Per Building: Twenty thousand (20,000) square feet.
H. Parking:
1. The number of parking spaces provided for uses shall be in accordance with the breakdown
established in the GENERAL REQUIREMENTS section of these standards.
2. Required parking shall be located and maintained anywhere within the PD No. 119, including
all sub-districts.
a. Where Townhome uses are concerned, parking may not be shared.
3. On-street parking and shared parking anywhere within the PD No. 119, including all sub-
districts, except for Townhome uses, may be counted towards meeting the off-street parking
requirement for any use within the sub-district.
4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted.
5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public
& Emergency Access Easement.
6. When structured garages are provided, adequate access from public rights-of-way via private
drives and/or access easements shall be made readily available.
7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
8. Speed bumps/humps are not permitted within a fire lane.
9. Dead-end parking aisles are not permitted in surface parking lots.
10. In the case of mixed uses, uses may share parking spaces.
I. Service Equipment and Areas:
1. Loading docks, truck parking, trash collection, trash compaction, and other service functions
shall be incorporated into the overall design of the building or placed behind or on the side of a
building. On corner lots, these areas should be located behind the buildings. All solid waste trash
collection structures shall be designed to accommodate the Town’s current trash service
provider. This includes, but not limited to, minimum dumpster enclosure requirements,
approach geometry and other features for operational needs.
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2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and
other machinery, where practical, should be located at the rear of the property.
a. Public water meters shall be located within easements, outside of pavement, and
adjacent (within 2-5 feet) to Public & Emergency Access Easement or dedicated fire
lanes that include utility easements.
J. Screening:
1. Service equipment and areas shall be screened so the visual impacts of these functions are
fully contained and out of view from adjacent properties and public streets, provided public
utility providers allow for screening.
2. Solid waste collection and loading areas shall be located to minimize visibility. These areas
shall be screened by a eight (8) foot high wall built with the same materials as used for the
principal building, or an otherwise approved solid masonry material. Trash dumpsters shall have
a metal gate or door equal in height or the height of the wall, which shall generally remain
closed at all times. Waste collection and loading area walls shall include shrubbery as to screen
walls from the public realm.
3. Where rooftop-mounted mechanical equipment is not screened from view at a point twenty
feet above ground level at the property line, alternative forms of screening are required, and
may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of
Development Services.
K. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the
above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted
to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front
of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least
30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each
residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to
the street.
L. Streets and Sight Triangles: Within the Neighborhood Sub-District the following street design
standards shall apply. Except as provided herein, no sight triangle shall be required. Adequate sight
distance will be provided at all intersections through the use of appropriate traffic control devices. Sight
triangles, per the Town of Prosper’s requirements, for vehicles exiting the development for both public
streets and private driveways shall be provided at intersections with Shawnee Trail.
1. For plantings within ten (10) feet of any public street intersection, shrubs and groundcover
shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of
clearance measured from the top of the ground surface to the first branch along the tree trunk.
Nothing contained herein shall vary or supersede the public safety requirements of the Town of Prosper
as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of
Prosper.
M. Landscaping: The standards and criteria contained in this Section are the minimum standards for all
new development. Where the regulations of this Section conflict with the Town of Prosper Zoning
Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply.
Unless specifically identified in this Section, new developments shall comply with the landscape
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standards established in the Town of Prosper Zoning Ordinance and the Dallas North Tollway (DNT
Guidelines as of the date of adoption of this ordinance or as amended.
1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall
provide interior landscaping as follows:
a. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a
Town approved root barrier is utilized.
b. Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper
minimum, with no more than fifteen (15) parking spaces permitted in a continuous row
without being interrupted by a landscape island.
c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not
less than nine (9) feet wide, measured from the inside face of curb, and a length equal
to the abutting space.
d. All above grade utilities and trash enclosures in landscape areas shall be screened
with evergreen plant material.
e. For streets with on-street parking, trees shall be installed against the curb, within the
sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the
development.
2. Except for the landscape easement adjacent to the deceleration lane on Shawnee Trail, the
landscape easement within the POA Lot adjacent to Shawnee Trail will be a minimum of twenty-
five (25) feet.
3. Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a
minimum of two and one-half (2’-6”) feet from a town sidewalk or alley. Reduction of
this requirement is subject to review and approval by Executive Director of
Development and Community Services.
b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be
irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation.
c. Rain/Freeze sensors shall be installed on all irrigation systems.
4. Drought tolerant and/or native plants from the Town’s approved plant list are required for
compliance. Other species may be utilized with approval from the Town as part of the Final Site
Plan process.
a. Trees in sidewalks adjacent to on-street parking will be specifically selected with
approval from the Town.
4. All Landscape areas to be kept free of weeds, invasive plant species, and trash.
5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way.
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Building Criteria
The standards and criteria contained in this Section are the minimum standards for all new
development. The regulations of this Section shall govern where the regulations of this Section conflict
with the Town of Prosper Zoning Ordinance.
A. Maximum Building Height:
1. Three (3) stories.
2. Architectural embellishments not intended for human occupancy that are integral to the
architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof
forms whose area in plan is no greater than 25% of the first-floor footprint may exceed the
height limits by up to ten (10) feet.
3. Mechanical equipment, including mechanical/elevator equipment penthouse enclosures,
ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and
other similar constructions may extend up to ten (10) feet above the actual building height,
provided that: 1) they are setback from all exterior walls a distance at least equal to the vertical
dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall
and roof surfaces of such items that are set back less than the vertical dimension above the
actual building are to be constructed as architecturally integral parts of the building facade(s) or
as architectural embellishments as described above. Mechanical equipment shall not be visible
from the Public & Emergency Access Easement, measured at six (6) feet above finished grade at
the Public & Emergency Access Easement line.
B. Building Materials:
1. Materials such as brick, natural and manufactured stone, curtain wall and window wall
glazing, and cementitious panel system shall be considered primary materials. Primary materials
shall comprise at least seventy-five (75) percent of each elevation, exclusive of doors and
windows.
a. Townhomes shall be constructed of no less than 75% brick masonry, calculated from
the aggregate of the front, rear and side elevations.
2. Only primary building materials are allowed on the first floor excluding cementitious panel
systems, exclusive of doors, windows, and their accompanying frames. For purposes of this
section, the first floor shall be at least nine (9) feet high.
3. All buildings shall be architecturally finished on all sides with articulation, detailing, and
features. Architectural articulation, detailing, and features are not required for facades adjacent
to a building or parking garage.
C. Windows:
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1. For buildings which front on streets with on-street parking and contain non-residential uses
on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be
windows.
a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black
glass that blocks two-way visibility is only permitted above the first story.
b. pink or gold glass shall be prohibited.
2. For buildings which front on streets, and contain residential uses, a minimum of thirty (30)
percent of the facade shall be windows.
D. Horizontal articulation: No building wall shall extend for a distance equal to four (4) times the wall’s
height without having an offset equal to 25% of the wall’s height. The new plane shall then extend for a
distance equal to at least 25% of the maximum length of the first plane.
E. Building Entries: Main building entries shall be highlighted using such techniques as building
articulation and/or entry canopies so they are obvious to pedestrians and motorists.
F. Above Grade Structured Parking:
1. Where parking garages are within views of streets, openings in parking garages shall not
exceed 53% of the facade area. The portion of the parking garage that is visible from the street
shall have an architecturally finished facade compatible with the surrounding buildings.
2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and
pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks.
G. Projections into Setbacks and/or Rights-of-Way:
The following projections shall be permitted into a building setback or Public & Emergency Access
Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or
right-of-way of Shawnee Trail; 2) such projections do not extend over the traveled portion of a roadway;
3) the property owner has assumed liability related to such projections; and 4) the property owner shall
maintain such projection in a safe and non-injurious manner; and 5) no projections allowed over
franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade;
and 6) no projections allowed over public utility where located within a fire lane or public utility
easement..
1. Ordinary building projections, including, but not limited to water tables, sills, belt courses,
pilasters, and cornices may project up to twelve (12) inches beyond a building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st
floor only); below grade vaults and areaways; and elements of a nature similar to those listed;
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may project up to ten (10) feet beyond the building face into the setback, but not the Public &
Emergency Access Easement.
4. Canopies and/or awnings may project from the building face over the entire setback.
Additionally, they may be extended into the Public & Emergency Access Easement to be within
eight (8) 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 twenty-four (24) inches from the
back of curb and does not extend over any fire lane or public utility easement.
5. Below-grade footings approved in conjunction with building permits.
Permitted Uses
Schedule of Permitted Business Establishments for the Dallas North Tollway District: Uses followed by an
-S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to conditional
development standards located in the Town’s Zoning Ordinance as it exists or may be amended.
Administrative, Medical, Insurance or Professional Office
Antique Shop
Automobile Paid Parking Lot/Garage
Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop as an Incidental Use
Big Box (S)
Building Material and Hardware Sales, Major (S)
Business Service
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor (S)
Farm, Ranch, Stable, Garden, or Orchard
Food Truck Park (C)
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
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Health/Fitness Center (S)
Helistop (S)
Hospital
House of Worship
Massage Therapy, Licensed as an Incidental Use
Meeting/Banquet/Reception Facility (S)
Mobile Food Vendor (S)
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Outdoor Merchandise Display, Temporary
Park or Playground
Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed
Research and Development Center (S)
Restaurant without Drive-thru or Drive-in Service (C)
Retail Stores and Shops
Retail/Service Incidental Use
School, Private or Parochial
School, Public
Telephone Exchange
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
Theater, Regional
Townhome
Veterinarian Clinic and/or Kennel, Indoor (S)
Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
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GENERAL REQUIREMENTS
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GENERAL REQUIREMENTS
A. Development shall generally take place in accordance with the attached Concept Plan (Exhibit D).
Plats and/or site plans submitted for the development shall conform to the data presented and
approved on the conceptual development plan. Changes of detail on these final development plan(s)
that differ from the conceptual development plan may be authorized by the Town staff, 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 Town staff determines that the proposed change(s) violates one (1) or more of the above eight (8)
criteria, then a public hearing must be held by the Planning and Zoning Commission and the Town
Council to adequately amend the granting ordinance prior to the Planning & Zoning Commission’s
approval of the final development plan(s).
B. A minimum twenty (20) percent of the total area in this planned development shall be provided as
open space.
Open spaces may include areas used for facilities such as plazas, courts, recreational amenities, water
features and other similar uses not specifically used for vehicular access and parking.
Additionally, detention areas shall contain a constant water level and are landscaped or otherwise
treated as an amenity for the development, they may be used to meet the open space requirement.
The open space may not consist of any of the following elements:
1. Vehicular parking.
2. Required parking lot tree islands.
3. Building footprints.
4. Utility yards.
The open space may consist of any of the following elements:
5. Landscape easements, setbacks, or any other landscaping as listed in Chapter 2, Section 4 of
the zoning ordinance.
6. Public plazas.
7. Detention/ Retention ponds, when activated with pedestrian access.
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C. Design Guidelines: Design Guidelines will be created, and approved by Staff, to govern the following
details.
1. Street sections, including sidewalks
2. Public realm standards, including sidewalks, benches, signage, planters, outdoor seating
areas, landscape, parking, and lighting.
3. Multifamily characteristics are generally set forth below, and may be applied to other uses as
appropriate.
a. Special Provisions: typical floor height ten-twelve feet, air condition corridors,
Hospitality-style amenity centers, Resort-style pool, State-of-the-art fitness centers, and
hidden trash collection.
b. Architectural Provisions
Facade Composition
For multi-story buildings, the overall composition of the façade should incorporate a
three-part hierarchy of base, body, and cap to emphasize verticality and to maintain a
balanced façade composition. In addition, the cap of the building should be
architecturally distinguished to provide a visual termination to the facade and interest at
the skyline.
All buildings must be composed of:
Building Base: The “base” of the building clearly defines the realm of the public space
and provides the necessary spatial enclosure. The base of the building is also the device
that effectively engages the pedestrian, defining the character and quality of a street or
public space. It also houses the uses with the most intensity. The height of the base
varies depending on the overall building height. The “base” shall consist of the area of
wall immediately along the ground floor level to the “body” of the building. The
transition from “base” to “body” may be expressed either horizontally, through a shift in
the vertical plane or, vertically through a change in building materials along a level line.
The base shall be between 16’ minimum and, in buildings of at least four stories, may
include up to the floor line of the third floor.
Building Body: The “body” of the building comprises the majority of the building, mainly
defined by its structural composition. It houses the main use and engages all fronts. The
“body” shall consist of the area of wall from the “base” to the “cap.” The transition from
“body” to “cap” may be expressed either horizontally, through a shift in the vertical
plane or vertically through a change in building materials along a level line.
Building Cap: The “cap” of the building could either encompass the last floor of a
building and roof, or be the area above the eave or before the parapet line depending
upon the height or number of stories of the building. The “cap” clearly terminates the
“body” of the building. The building top is determined by the height of the building and
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is not subject to elements of style. The “cap” shall consist of the area of wall from the
top floor level to the parapet or the area of wall from the roof line to the top of the
parapet wall. Optional Body Setback: The optional body setback is a change in the depth
of the vertical plane of the primary facade along the full width of the building at the
transition point between the “base” and the “body” of the building. This setback clearly
divides the base from the rest of the building and provides the opportunity for an
interim cornice line at the top of the base. The depth of the setback varies, but should
be noticeable, in order to perceive the change between the two parts.
Building Composition
By subdividing the building mass into a series of well-scaled volumes, and then
articulating those volumes with window systems, different materials, and special
elements, a rich architectural form can be created. True to its classical roots, this
approach to design provides a rational method of creating a wide variety of buildings
with individual character, that still create a unified ensemble. The concept of “bay
spacing” is critical in helping to maintain an appropriate human scale by breaking up the
massing of large buildings as well as in creating a lively and interesting streetscape
rhythm.
Traditional downtown streetscapes were often comprised of individual buildings divided
into 25 ft. wide parcels facing the primary street. Many buildings were one-lot wide
(25’), although later buildings spanned more than one lot. Wider building facades were
typically divided into repeated sections, or “bays”, ranging from 15 ft. to 30 ft. in width
on the ground floor. This pattern of bay spacing echoed, rather than over-whelmed,
adjacent buildings that might only be one lot wide. Upper stories often were consistent
across two, three or five bays, unifying the building as a whole. Buildings in the Mixed-
Use area should reflect these traditional building facades, and should express a façade
composition ranging from one bay width to no more than 5 bay widths in length.
Special Conditions
All elevations of buildings that can be seen from either the street or public spaces shall
be considered “primary facades” and shall be designed as “fronts.” Buildings occupying
lots with two frontages, such as on corner lots, shall treat both building walls as
“primary facades” with each being equally considered as “fronts.” Additional detailing
and attention can be applied to these two-fronted scenarios in order to better landmark
the corner to enhance the architectural character as well as to improve pedestrian and
vehicular way finding.
Scale & Massing
The overall scale and mass of the buildings that make up a neighborhood play a key role
in attracting patrons, pedestrians, and activities to a particular area. Buildings provide
the perimeter walls for streets and public spaces and should be designed in a manner
that is consistent with the nature of the spaces that they define. Buildings should share
with their neighbors a sense of harmony that reveals focus on defining high quality,
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vibrant public spaces. In the mixed-use area, the focus of building design should
concentrate on the creation of collective expression - on clearly defined public and
outdoor spaces and streetscapes as a cohesive and legible whole - rather than on
individual buildings with a strong individual expression.
New construction should give consideration to appropriate form and proportion as
reflected in the tradition of vernacular, mixed-use buildings. Buildings should be
rectangular, facing the street with the facade aligned with the front property line.
Angled or non-rectilinear buildings, unless relating to the street alignment, are
inappropriate. The bulky form of the overall mass should be articulated into a series of
forms which provide a variety of scale and proportion. The “Base” of a building should
maintain a consistent building plane along the building frontage except to provide
recessed storefront entrances, a special corner feature, usable open space for out-door
dining, or to form a mid-block pedestrian passageway.
Commercial construction on a primarily residential block should be designed to reflect a
residential character. A front yard setback for commercial uses at some interface
locations is desirable. Creating a height transition by locating taller building portions
toward areas with larger scaled buildings and lower portions toward residential areas is
preferable. Long, rectangular buildings should be articulated into two or three distinct
facade elements, separated either by recesses, changes in materials, structural
elements, or sub-divided into individual facades separated by panels. Special
architectural treatment and detailing should be located at the corners of the building
and at the mid-point of the main building mass.
Doors, Windows, & Openings
The different elements defined by the massing, are further articulated by different door,
window and wall systems. These systems will vary by use, but may include the
following: a curtainwall, generally used in the recessed elements; a storefront system
for commercial applications; a primary wall with square punched openings; a secondary
wall system with rectangular punched openings; and a system of columns and lintels
placed in front of curtain walls or storefronts for special portions of the buildings. The
combination of this articulated massing and the reinforcement of forms with different
materials and window patterns result in a lively composition with the capacity to define
dynamic urban space.
Doorways are celebrated and made monumental by a series of special elements added
to the frame around the wall. All window and door openings shall be square or vertical
in proportion, and any other divisions of openings shall happen as a system of squares
or vertically proportioned rectangles. Grouped or “ganged” windows shall be treated as
a single opening, unless they are separated by a minimum 4 inch divider. Windows and
doors may meet at building corners, or shall be a mini-mum of twenty-four inches from
the building corner. Shading devices over doors and windows are permitted to be
cantilevered and made of any architectural grade material, but shall be fully functional
rather than simply decorative. All arcade openings (or “voids”) shall be vertical in
proportion.
Page 122
Item 10.
28
Transparency
Design distinction between upper and lower floors shall be maintained by developing
the ground level facade as primarily transparent and inviting to the public. For
commercial uses, the use of storefront windows, typically consisting of glass set in
wood, clad wood, or metal frames creates a highly inviting and transparent street level
facade. Retail ground floors shall have between 60% and 80% glazing, as measured
from grade to the underside of the slab above. Colored or mirrored glazing and glass
block are inappropriate.
Upper floors generally employ a different ratio of solid area versus opening area and are
differentiated from the more transparent ground floor by having more solid area than
void area and through the use of smaller, vertically oriented windows in a regular
pattern. Ground levels use can also be differentiated through a change in transparency.
Commercial uses, such as retail, shall be more transparent than smaller office or
residential uses. This change in the pattern of doors, windows, and openings helps to
clarify the various uses for the pedestrian by highlighting the nature of public, semi-
public, and private tenants.
Rhythm
Building facades are comprised of a series of patterns, from the number and spacing of
bays, the number and spacing of floor levels, the disposition of openings and
architectural details, and the arrangement and palette of materials, which create an
inherent rhythm. Symmetry, repeated bays with expressed structural elements, and the
repetition of windows and doors create the essential rhythm of the facade. This rhythm
can be further reinforced by changing materials, patterns, reveals, building setbacks,
façade portions or by using design elements such as column or pilasters, which establish
a legible vertical and horizontal arrangement of the various building elements
comprising the facade.
Vertical Alignment
In vernacular buildings, the expression of the structural system follows traditional
construction patterns. As a result, openings are generally stacked above other openings
and solid areas in the facade are stacked above structural elements. This vertical
alignment, determined primarily by structural requirements, reinforces the “bay”
system and helps to clarify the overall building composition. Setbacks, reveals, and
projections in the vertical plane of the building facade can also serve to enhance the
legibility of this composition.
Horizontal Alignment
As well as following a clear vertical alignment, traditional facades were equally
organized horizontally. As previously described, buildings should be divided into three
distinct components: the Base, the Body, and the Cap. The height of these various
elements should be carefully designed so that there is a general consistency along the
entire streetscape. Dramatic changes in building heights will not be allowed. Within
Page 123
Item 10.
29
each building composition, care should be made to align horizontal elements, including
building cornices, sill heights, floor levels, decorative moldings and windows.
Walls
All elevations of buildings that can be seen from public spaces shall be designed as
“fronts.” Street facades should include elements to maintain pedestrian scale and
interest. Architectural details and facade articulation including recesses for outdoor
dining areas, display cases, public art integrated with the building design, and additional
architectural elements and details help create visual interest. Avoid large featureless
facade surfaces by incorporating traditionally sized building components, standard
window sizes, standard brick and siding sizes, trim and details. Blank walls and blind
facades visible from public streets are prohibited.
Columns & Lintels
The columns and lintels in Clearfork derive from the vocabulary of traditional
architecture, but can be abstracted and reinterpreted to incorporate contemporary
building techniques. Although they may be purely ornamental, columns and lintels
should be designed and detailed in character with the traditional construction patterns
of the load bearing buildings of the vernacular architectural styles of central Texas.
Awnings & Canopies
Canopies and awnings shall not be used above the “base” and they shall coordinate with
a horizontal element of the storefront. They shall project at least six feet, so as to
provide shade and shelter to pedestrians. Canopies and awnings of commercial
establishments shall be permitted to encroach over the setback. Canopies and awnings
shall extend horizon-tally from the building and shall be supported by rods, cables or
brackets. The bottom of the canopy and the awning shall be a minimum of eight feet
above the sidewalk.
Canopies of commercial establishments shall be made of wood, metal or glass. Lettering
may be applied to the edges of canopies.
Awnings of commercial establishments shall be made of canvas or synthetic material
having the appearance of canvas. Awnings shall be triangular in section. Awnings may
have side panels, but shall not have a panel enclosing the underside of the awning.
Internal structure of awnings shall be galvanized pipe or extruded aluminum framework.
Awnings shall not be translucent or internally illuminated. Awnings may have lettering
on the valance only.
4. Hotel characteristics are generally set forth below.
Hotel, Full Service. Full Service Hotel developments shall be subject to the following
development standards:
Page 124
Item 10.
30
a. External balconies and walkways shall be set back 200 feet from any residential
zoning district.
b. Shall provide management staff on-site 24 hours a day.
c. Shall provide at least four amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Game Room
• Jogging Trail
d. Shall provide a full-service restaurant offering three meals a day.
e. Shall provide a minimum total of 20,000 square feet of meeting/event space.
f. No more than five percent of the total number of guest rooms shall have cooking
facilities.
g. All room units must be accessed through an internal hallway, lobby, or courtyard.
h. All rooms shall be a minimum of two hundred (200) square feet.
D. All utility lines shall be underground from the building to the property line. Utility lines within the
Public & Emergency Access Easement shall be placed underground and relocated to the rear of the site
to the maximum extent practicable.
E. Conditional Development Standards, shall be in accordance with the Zoning Ordinance, as it exists, or
may be amended, except as follows:
1. Mobile Food Vendors - Mobile food vendors are permitted in this planned development, in
accordance with the Conditional Development Standards of the Zoning Ordinance, as is exists or
may be amended, except as follows:
a. Mobile food vendors are not required to be located on property where an existing,
permanent business operates in a building with a Certificate of Occupancy.
b. Mobile food vendors are not required to be located within fifty feet (50’) of an
entrance of a primary building that holds the Certificate of Occupancy, however, they
shall have access to a public restroom.
c. Mobile food vendors may be located on public property other than public street
travel lanes. Order windows shall face outward towards public sidewalk. At no time
shall any part of food truck operations use main lanes without a special use permit
issued by the Town;
Page 125
Item 10.
31
d. Mobile food vendors may be located on private property with the written consent of
the owner;
e. Mobile food vendors shall not operate in driveways or fire lanes;
f. Mobile Food vendors cannot remain more than 24 hours and shall return to the
approved commissary.
g. Prior to issuance of a permit, an application shall be submitted to the Development
Services Department and containing any information required by staff to evaluate the
impacts including but limited to location, parking and accessibility.
F. Parking Requirements Based on Use.
In all Sub- Districts, at the time any building or structure is erected or structurally altered, parking spaces
shall be provided in accordance with the following requirements. A mixed-use discount of 20% shall be
applied to the overall development, except for Townhomes, where shared parking is concerned.
Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred fifty (350)
square feet of gross floor area.
Bed and breakfast facility: One (1) space per guest room in addition to the requirements for
normal residential use.
Business or professional office (general): One (1) space per three hundred fifty (350) square
feet of gross floor area.
College or University: One (1) space per each day student.
Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one
additional space for each three hundred (300) square feet of floor area in excess of two
thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area
shall be deducted from the total and additional parking provided on the basis of one (1) space
for each four (4) seats that it contains.
Commercial Amusement: One (1) space per three (3) guests at maximum designed capacity.
Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each
two hundred (200) square feet of floor area thereof.
Dwellings, Multifamily: One (1) space for each bedroom in one (1) and two (2) bedroom units,
plus one half (1/2) additional space for each additional bedroom.
Farmer’s Market, Flea Market: One (1) space for each five hundred (500) square feet of site
area.
Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and
one and one-half (1 'A) spaces for each two beds in off campus projects.
Furniture or Appliance Store, Wholesale Establishments, Machinery or Equipment
Page 126
Item 10.
32
Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1)
additional parking space for each four hundred (400) square feet of floor area over one
thousand (1,000).
Health Studio or Club: One (1) parking space per two hundred (200) square feet of exercise
area.
Hospital: One (1) space per employee on the largest shift, plus one and one-half (1.5) spaces per
each bed or examination room, whichever is applicable.
Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two
hundred (200) square feet of commercial floor area contained therein.
Kindergartens, day schools, and similar child training and care establishments : shall provide
one (1) paved off-street loading and unloading space for an automobile on a through -circular-
drive for each ten (10) students, or one (1) space per ten (10) students, plus one (1) space per
teacher.
Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square
feet, over one thousand (1,000) square feet.
Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet.
Medical or Dental Office: One (1) space per three hundred fifty (350) square feet of floor area.
Nursing Home: One (1) space per five (5) beds and one (1) parking space for each one thousand
(1,000) square feet of lot area for outdoor uses.
Private Club: One (1) parking space for each seventy-five (75) square feet of gross floor area.
Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1)
space per two hundred and fifty (250) square feet of gross floor area.
Restaurant, Restaurant with a Private Club, Cafe or Similar Dining Establishment: One (1)
parking space for each one seventy-five (75) square feet of gross floor area for stand-alone
buildings without a drive-through, and one (1) parking space for each one hundred (100) square
feet of gross floor area for restaurants located within a multi-tenant buildings, and one (1)
parking space for each one hundred (100) square feet for stand-alone buildings with a drive-
through.
School, Elementary, Secondary, or Middle: One and one half (11Y) parking spaces per
classroom, or the requirements for public assembly areas contained herein, whichever is
greater.
School, High School: One and one half (1 'A) parking spaces per classroom plus one (1) space per
five (5) students the school is designed to accommodate, or the requirements for public
assembly areas contained herein, whichever is greater.
Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking
space for each four (4) seats or bench seating spaces.
Page 127
Item 10.
33
Townhomes: Minimum of two (2) parking spaces located behind the front building line and two
(2) parking spaces enclosed in the main or an accessory building.
Page 128
Item 10.
6/16/2023Prosper Mixed-Use Master Plan
1
PRADERA
Placemaking on the Prairie | Prosper, Texas
PRADERA
EXHIBIT D
FOR SALE CONDOS
200 KEY
HOTEL
PARKING
POND FEATURE
TOWN
SQUARE
[PRAIRIE
GREEN]
PARKING
&
SERVICE DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE
RESTAURANTS
PARKING
RETAIL
RETAIL RETAILOFFICELINEAR PARK RETAILMIXED-USE
RESIDENTIAL
FOR SALETOWN HOMESFOR SALE
TOWN HOMES RETAILRETAIL OFFICERETAILRETAILRETAIL
RETAIL
RESI
CONFERENCECENTERRETAILRETAILRETAILN
C -1
H1
PARKING
POND FEATURE
TOWN
SQUARE
[PRAIRIE
GREEN]
R - 5
R - 2
R - 1 DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE
R - 4
R - 6
MU/R - 1
PARKING (RETAIL BELOW)
TH - 5
O – 1
O -2
LINEAR PARK
R - 3
MU/R – 2
MU/R - 3
TH – 1
TH - 4
TH - 3
TH - 2
R - 7
C -2
Town of Prosper Project No: _______
1”: 100’
01 - PRELIMINARY SITE PLAN 02 - PRELIMINARY GROUND PLANE
FOR SALE CONDOS
RESI
Neighborhood Sub-
District
Highway Sub-District
Neighborhood Sub-
District
Highway Sub-District
Z22-0019
Page 129
Item 10.
Lot 1X, Block 1
Alley
Lot 13, Block H
20' MINIMUM
SETBACK
10'
MINIMUM
SETBACK
SHAWNEE TRAIL (FUTURE)PROP. BUILDING
FOOT PRINT
LOT LINE
HIGHWAY ADJACENT
SUB-DISTRICT
COLLECTOR ADJACENT
SUB-DISTRICT
Zoning Application
Job No.: LCI 22030
Date: JUNE 16, 2023
0 30 60 120
Scale: 1"= 60'-0"
OREC - Prosper Mixed Use
Exhibit - D2
30' GAS
EASEMENT
LANDSCAPE BERMS
(3'-6" MIN. HEIGHT)
180'
RIGHT-OF-WAY
EASEMENT
30' DALLAS PRKWY.
SETBACK
RESIDENTIAL
TOWERS
10' MIN. SETBACK
FROM P.L.
MEANDERING TRAIL
10' WIDTH
FUTURE MINOR
THOROUGHFARE
SETBACK
45' WIDTH FROM
C.L. ROAD
100' PARKING
OFFSET FROM
SHAWNEE TRAIL
10' MIN. SETBACK
FROM R.O.W.
B
SHAWNEE TRAIL (FUTURE)POA LOT
POA LOT
POA LOT
POA LOT
POA LOT
POA LOTPOA LOT
POA LOT
C F
POA LOTPOA LOTEDPOA LOT
POA LOT
POA LOT
A
Lot 3, Block C
Lot 4, Block C Lot 2X, Block CLot 4X, Block BLot 3X, Block ELot 6X, Block C
Street
Lot 5X, Block B
Street
Lot 5X, Block C
Street
Lot 5X, Block E
Street
Lot 1, Block F
Lot 2, Block E
Lot 1X, Block E
Lot 4X, Block E
Lot 2X, Block F
Lot 1X, Block G Lot 3X, Block DStreetLot 29X, Block HAlleyLot 10X, Block G
Alley
Lot 2, Block GLot 3, Block GLot 4, Block GLot 6, Block GLot 7, Block GLot 8, Block GLot 28, Block H
Lot 27, Block H
Lot 26, Block H
Lot 25, Block H
Lot 23, Block H
Lot 24X, Block HLot 5X, Block H
Lot 4, Block H
Lot 3, Block H
Lot 2, Block H
Lot 1, Block H
Lot 6, Block H
Lot 7, Block H Lot 22, Block H
Lot 21, Block H
Lot 20, Block H
Lot 8, Block H
Lot 9, Block H
Lot 10X, Block H Lot 19X, Block H
Lot 11, Block H Lot 18, Block H
Lot 17, Block HLot 12, Block H
Lot 13, Block H
Lot 14, Block H Lot 15, Block H
Lot 16, Block H
Lot 1X, Block I
Alley
Lot 2, Block I
Lot 3X, Block I
Street
Lot 4, Block I
Lot 9, Block ALot 8, Block A
Lot 7, Block A Lot 10, Block A
Lot 11, Block A
Lot 12, Block A
Lot 6, Block A
Lot 4, Block A
Lot 5X, Block I
Alley
Lot 3, Block A
Lot13, Block A
Lot 14, Block A
Lot 2, Block A
Lot 1X, Block A Lot 14X, Block A
Alley Lot 1, Block B Lot 2, Block B
Lot 3X, Block B
Lot 2, Block D
Lot 1, Block D
COLLECTOR ADJACENT SUB-DISTRICT HIGHWAY ADJACENT SUB-DISTRICT
BUILDING FOOT PRINT AND
YARD LAYOUTG
0 20 40 80
Scale: 1"= 40'-0"
HIGHWAY ADJACENT SUB-DISTRICT
COLLECTOR ADJACENT SUB-DISTRICT
Lot 5X, Block A
Lot 5X, Block GPage 130
Item 10.
8' UTILITY
EASEMENT
CL
CL
CL PROPERTY LINEPROPERTYLINE12' CLEAR ZONE
DECORATIVE
PAVING
12' CLEAR ZONE
DECORATIVE
PAVING
28' FIRE LANEFOCCURB
BOTH SIDES
BOCFOCSTREET LOT ALLEY SECTION AT TOWNHOMES BOCSTREET TREE
FOC60' STREET LOT SECTION
w/ PARALLEL PRKG
BOTH SIDES
BULB OUT & CURB
BOTH SIDES BEYOND
FOCFOCMEDIAN TREE
STREET TREE STREET TREE
BOULEVARD SECTION
120' STREET LOTFOC FOCFOCFOCFOCFOC13'-6" HT. CLEAR ZONE13'-6" HT. CLEAR ZONE
RETAIL PAD SITE
B
C
D FOC26' FIRE LANE
13' LANE13' LANE
1'-6" LS
BUFFER
1'-6" LS
BUFFER
45' DRIVE
PUBLIC UTILITY EASEMENT
14' LANE14' LANE
60'-0" STREET LOT
6'
SIDEWALK
8'
PARALLEL
PARKING
OR
PLANTER
ISLAND*
8'
PARALLEL
PARKING
35' DRIVE
29' MEDIAN14' LANE
8'
PARALLEL
PARKING
OR
PLANTER
ISLAND*
5'-6"
SIDEWALK 14' LANE
8'
PARALLEL
PARKING
OR
PLANTER
ISLAND*
5'-6"
SIDEWALK
35' DRIVE
26' FIRE LANE26' FIRE LANE
6'
SIDEWALK
10' MIN.
BLDG
SETBACK
AND UTILITY
EASEMENT
10' MIN.
BLDG
SETBACK
AND UTILITY
EASEMENT
10' MIN.
BLDG
SETBACK PROPERTY LINE30'-0" STREET LOT
PROPERTYLINE*NO TREES IN ISLAND; TREES WITHIN SIDEWALK
SUBJECT TO TOWN OF PROSPER APPROVAL
*NO TREES IN ISLAND; TREES WITHIN SIDEWALK
SUBJECT TO TOWN OF PROSPER APPROVAL
26' PUBLIC UTILITY EASEMENT
32' PUBLIC UTILITY EASEMENT
26' PUBLIC UTILITY EASEMENT
8' UTILITY
EASEMENT
8' UTILITY
EASEMENT
Zoning Application
Job No.: LCI 22030
Date: February 13, 2023
0 4'8'16'
Scale: 1/8"= 1'-0"
OREC - Prosper Mixed Use
Exhibit D3 Page 131
Item 10.
CL
PROPERTYLINEPROPERTYLINE26' FIRE LANE FOCFOCFOCFOC88' STREET LOT SECTION w/
ANGLED PRKG BOTH SIDES
E
STREET TREE
67' DRIVE
PUBLIC UTILITY EASEMENT
14' LANE14' LANE
88'-0" STREET LOT
19.5' ANGLED
HEAD-IN PARKING
19.5' ANGLED
HEAD-IN PARKING
10'-0"
SIDEWALK
10'-0"
SIDEWALK
*TREES WITHIN SIDEWALK SUBJECT TO
TOWN OF PROSPER APPROVAL
Zoning Application
Job No.: LCI 22030
Date: February 2, 2023
0 4'8'16'
Scale: 1/8"= 1'-0"
OREC - Prosper Mixed Use
Exhibit D4 Page 132
Item 10.
4770 BRYANT IRVIN COURT, SUITE 200 FORT WORTH, TX 76107
(817) 887-9139 WWW.CORNERSTONEPROJECTSGROUP.COM
Exhibit E – Development Schedule
Below is the anticipated project schedule for the proposed Pradera development in accordance with the submittal checklist.
This schedule is conceptual and subject to change based on permitting, entitlements, and market conditions.
Zoning Award- July 2023
Civil design (on and off site) – 2024
Civil construction – 2025-2026
Building design – 2024-2026
Building construction – 2026-2030
Page 133
Item 10.
Prosper Mixed-Use Master Plan 21/27/2023
01 AERIAL –LOOKING SOUTHEAST
EXHIBIT F
02 AERIAL –LOOKING NORTHWEST 03 PERSPECTIVE –TOWN SQUARE
04 PERSPECTIVE –OVERALL 05 PERSPECTIVE –VIEW FROM OFFICE 06 PERSPECTIVE –MAIN INTERSECTION
Page 134
Item 10.
Prosper Mixed-Use Master Plan 31/27/2023
EXHIBIT F
01 –TOWNHOMES 02 –HOTEL 03 –RETAIL SPACE
04 –MIXED –USE RESIDENTIAL 05 –MIXED –USE RESIDENTIAL / TOWN SQUARE 06 –TOWN SQUARE LOOKING SOUTH
EXHIBIT F
Page 135
Item 10.
Prosper Mixed-Use Master Plan 41/27/2023
EXHIBIT F
04 –NW RETAIL SPACE
01 –CONDOS
EXHIBIT F
06 –OFFICE TOLLWAY VIEW
03 –OFFICE
05 –SE RESTAURANTS
02 –NW RETAIL LOOKING SOUTH
Page 136
Item 10.
Page 137
Item 10.
Page 138
Item 10.
1b. 300 Existing
MF Units
(25 Acres)
12 Units/Acre
5. 600 MF Units
21 Units/Acre
1c. 28 Existing
MF Units
(1 Acre)
28 Units/Acre
1a. 620 Existing
MF Units
(43 Acres)
14 Units/Acre
3. 300 MF Units
14 Units/Acre
2. 420 MF Units
(28 Acres)
15 Units/Acre
4. 2,986 MF Units
40 Units/Acre
Current Zoning for Multifamily
in the Town of Prosper
1.948 existing garden-style multifamily units on 63.8 acres and 312 Townhome units on 65 acres
1a. 620 units in the Orion Prosper and Orion Prosper Lakes complexes on Coit Road
1b. 300 units in Cortland Windsong Ranch, west of Windsong Pkwy, north US 380
1c. 28 units in the Downtown area
2.PD-35 permits a maximum of 15 units per acre on 28 acres, this density would allow for 420 multi -family units on the east side of DNT, north of Prosper Trail.
3.Brookhollow - permits a maximum of 300 multi-family at 14 units per acre within PD-86.
4.Planned Development-41 (Prosper West) permits a maximum of 2,986 urban-style units on the west side of DNT, north of US 380. Re fer to PD-41 for special conditions.
5.Planned Development-67 (Gates of Prosper) permits a maximum of 600 urban-style units within 115 acres on the west side of Preston Road, north of US 380. The
multifamily density is 21 units per acre.
6.Planned Development-94 (WestSide) permits a maximum of 480 urban-style units within 23 acres on the east side of FM 1385, north of US 380. The construction of
multifamily units is dependent on the development of non-residential uses in this PD – refer to PD-94.
7.Planned Development-98 (Alders at Prosper) permits a maximum of 188 age-restricted units within 11 acres west of Mahard Parkway, north of US 380 and allows for 18
units per acre.
8.Planned Development-106 (Downtown Loft Apartments) permits a maximum of 330 urban -style units within 9 acres east of BNSF Railroad, north of Fifth Street this
allows for 34 units per acre.
9.Planned Development -107 (Ladera) – Age restricted detached single-family dwellings on a single lot. The development is classified as multi-family.
Updated 06/30/2022
6. 243 MF Units
(11 Acres)
22 Units/Acre
7. 188 Age Restricted
MF Units
(11 Acres)
18 Units/Acre
8. 330 Urban Style
MF Units
34 Units/Acre
9. 245 Age Restricted
MF/TH Units
Under Construction
4 Units/Acre
Page 139
Item 10.
Project Number Status Number of Units
1. Orion, WSR, Downtown Existing 948 Units
2. (PD-35)Entitled 420 Units
3. (Brookhollow)Under Construction 300 Units
4. (Prosper West)Entitled 2,986 Units
5. (Gates of Prosper)Under Construction 600 Units
6. (Westside)Entitled 243 Units
7. (Alders at Prosper)Under Construction (Senior Living)188 Units
8. (Downtown Lofts Apt)Under Construction 330 Units
9. (Ladera)Under Construction (Senior Living)245 Units
Total Number
of Units
Senior Living
Under
Construction
Existing MF
Entitled MF Under
Construction
MF
Number of
Units
6,260 Units 433 Units 948 Units 3,649 Units 1,230 Units
Updated 6/16/2023
Tollway
District
Downtown US 380
District
Other
Districts
Number of
Units
3,406 Units 358 Units 2,251 Units 245 Units
Page 140
Item 10.
36 Comprehensive Plan
Town of Prosper
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.
Page 141
Item 10.
37 Town of Prosper, TX
Comprehensive Plan
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.
Page 142
Item 10.
38 Comprehensive Plan
Town of Prosper
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 )
Vertical Mixed-Use
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
Horizontal Mixed-Use
Page 143
Item 10.
27 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Land Use Types
Residential Low Density
This land use is indicative of large-lot single-
family homes. Typically speaking, lot sizes
within any low density development will range
between 15,000 square feet and 1+ acre in size.
While a variety of lot sizes may be used, the
total gross density of low density residential
neighborhoods should not exceed 1.6 dwelling
units per acre. Large-lot homes will provide a
continuation of the rural atmosphere and feel
that was intensely expressed by Prosper’s
residents. Most low density residential areas
will be located in Northwest and Northeast
Prosper.
Residential Medium Density
Medium density residential is also
representative of single family detached
dwelling units. Lot sizes in medium density
residential neighborhoods could range between
12,500 and 20,000 square feet in size. A
variation in lot sizes may be permitted to
achieve a goal range in density. While a variety
of lot sizes may be used within medium density
residential neighborhoods, the gross density of
such developments will typically not be less
than 1.6 dwelling units per acre or greater than
2.5 dwelling units per acre.
Page 144
Item 10.
28 Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Residential High Density
High density residential represents the most
intense residential land uses permitted in
Prosper. High density single family uses will
consist of developments greater than 2.5
dwelling units per acre and lot sizes smaller
than 10,000 square feet. Within Prosper, the
high-density residential district is reflective of
the Artesia development, where single family
residential lot sizes and dwelling units per acre
will be substantially higher than the rest of the
community. High density residential may be
located within the Dallas North Tollway,
Highway 380, Town Center and Old Town
Districts. In such areas, high density residential
may take the form of multifamily or single
family attached dwelling units and may include
mixed-use lofts/apartments, patio homes,
snout houses, brownstones and townhomes.
Retail and Neighborhood Services
Neighborhood services typically include retail
establishments that provide merchandise for
retail sale, banks, neighborhood office and
small medical offices. Retail uses are
particularly important because they contribute
to Prosper’s tax base through both property
and sales taxes, making their inclusion
attractive and often times competitive. Within
Prosper, neighborhood service uses will likely
occur at major intersections along the Dallas
North Tollway, Highway 380 and Preston Road
corridors. Neighborhood service uses should
also be strategically placed along the Town’s
perimeter in order to attract patrons from
neighboring communities, enhancing sales tax
revenue opportunities. The majority of
neighborhood service activity within Prosper
will likely be included within the Dallas North
Tollway, Highway 380, Town Center and Old
Town districts.
Page 145
Item 10.
29 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Dallas North Tollway District
The Dallas North Tollway district will consist of
the most intense land uses within Prosper. A
diverse mixture of office, retail and residential
will likely develop along the corridor. Mid-rise
office (up to 12 stories) may be permitted
throughout the corridor. Office buildings
should be designed for a “campus feel”—they
should be oriented towards common public
space with significant landscaping and should
be linked by a pedestrian network. A common
architectural theme should also be established
for a consistent visual appearance. Mixed-use
development should be encouraged and should
contain a mixture of office, retail and residential
uses. Mixed-use lofts/apartments would be the
most appropriate residential use within this
district. Structured parking should be
encouraged in more intense areas to limit the
presence and visibility of large parking lots.
Structured parking should be oriented in a way
that minimizes visibility from the Tollway.
Highway 380 District
Much like the Dallas North Tollway district, the
Highway 380 district will contain a variety of
different uses. The major contrast between
Highway 380 and other districts will be the
inclusion of a big box development and
commercial service uses. Types of appropriate
commercial include hotels, banks, vehicle
refilling stations with a convenience store,
home service centers with outside storage,
garden center with outside storage and other
similar uses which serve the community but are
not necessarily desired on Preston Road or
within the Dallas North Tollway corridor.
Residential land uses may be appropriate within
certain areas, particularly away from major
intersections where retail and commercial will
be the highest and best land use. Residential
land uses may include patio homes, snout
houses, townhomes and brownstones. These
residential areas may serve as a buffer between
more intense activity along Highway 380 and
low density residential areas to the north.
Page 146
Item 10.
30 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.
Page 147
Item 10.
31 Town of Prosper, TX
Comprehensive Plan
COMMUNITY CHARACTER
Business Park
A Business Park district, located to the west of
the BNSF Railroad between Prosper Trial and
First Street, will include a variety of potential
land uses including light industrial, commercial
warehousing, office storage and commercial
uses with outside storage. While outside
storage will likely occur and be necessary within
this district, significant effort should be placed
on the visual integrity of the district, particularly
when located in higher visibility areas. When
such uses abut roadways, larger landscape
setbacks, such as 40 feet setbacks, that include
berms and evergreen shrubs/trees should be
used to protect the visual integrity of roadways
and the public view. All outside storage should
also be screened from public view and from
adjacent properties. The location of the BNSF
railroad and close proximity to the Dallas North
Tollway provide the Business Park with
significant accessibility. Uses located along First
Street, Prosper Trail and other perimeter areas
should incorporate a higher degree of
landscaping and architectural design in order to
protect the visual integrity of Prosper’s
roadways.
Page 148
Item 10.
Dallas North Tollway Design Guidelines. New Planned Development
Dallas North Tollway Design Guidelines
Subdistrict Location
Frontier Parkway Gateway, Neighborhood Services and Retail, U.S 380 Gateway Frontier Parkway Gateway
Business Establishments
Permitted Business Establishments
All the uses being proposed conform to the DNTDG recommendations. 51 total uses
The Planned Development
allows all of the permitted
business establishments with
the exception of Hotel Limited
Service, Hotel Extended Stay,
Restaurant with Drive
Through, and Vet Clinic.
Business Establishments Pursuant to the Town’s Vision
Does the rezoning include the business establishments as envision by Town Council? 7 total uses
• Museum/Art gallery
• Theatre
• Commercial amusement-Indoor
• Civic/Convention Center
• Hotel-Full Service
• Restaurants -Dine In with or without outdoor patio
• Developments are also strongly encouraged to include public open space, public gathering
places and public art, where feasible.
The Planned Development
allows majority of the uses.
Discouraged Business Establishments
Does the rezoning include the discourage business establishments that are not consistent with the Town
Vision? 71 total uses
The Planned Development
prohibits all discourage
business establishments
Grocery Stores with Gas Pumps Not Applicable
There shall be a minimum of a 15 ft landscape buffer to screen the pumps from the street
edge Not Applicable
The site design for projects located at street corners should provide special landscape
treatment at street intersection to emphasize the corner.Not Applicable
The use of mature trees is encouraged to provide an immediate impact especially when used
in buffering adjacent uses.Not Applicable
All display items for sale should occur within the main building or within designated areas that
are screened from public streets. Not Applicable
The design of pump islands and canopy should be architecturally integrated with other
structures on-site using similar colors, materials and architectural detailing. All signage should
be architecturally integrated with their surroundings in terms of size, shape and lighting so
that they do not visually compete with architecture of the building and design of the sight.Not Applicable
Restaurant, Drive-Thru Service Not Applicable
Where site conditions permit, drive-thru queuing lanes shall be designed so that the queuing wraps
behind the building instead of in front of the building. If the queue lane wraps in the front of the
building, the site shall provide for an ample amount of landscaping that will provide a buffer from the
public rights-of-way. There shall be a maximum of two drive-thru restaurants permitted for every 5
acres on a Planned Development development plan. If a development plan is under 5 acres, one drive-
thru shall be
permitted.Not Applicable
Multi-family Developments
The Town Council may permit a multi-family housing as part of a holistic development that includes
These businesses
can be, but are not limited, retail, office, recreational, family-friend entertainment and/or restaurant
establishments. If multi-family housing is part of a development proposal that includes businesses
and/or amenities described in Section F. “Business Establishments Pursuant to the Town’s Vision”
increased density may be permitted. It is highly recommended that multi-family units be designed
with structure parking as opposed to surface parking.
The Planned Development is
creating an enviroment with a
combination of businesses
designed to create a live, work
and play environment.
Tollway Subdistrict Requirements
US. 380 Gateway Not Applicable
On the Dallas North Tollway and U.S. 380, the minimum front yard is fifty (50) feet and shall
include a thirty (30) foot landscape buffer. Not Applicable
No parking or drive aisles may occur in the landscape buffer. Not Applicable
A maximum of two rows of parking in the front of the building.Not Applicable
Minimum building height shall be two (2) stories or forty (40) feet. If the building contains a
use(s) as described in Section E, Permitted Uses, the building height can be a one (1) story
building with a minimum of twenty (20) feet in height. Not Applicable
Recomendations Not Applicable
Does the recommendations conform the DNTDG for Gateway? Not Applicable
The gateways should be clearly identifiable to vehicular and pedestrian travelers. Not Applicable
Include Public Art in Gateway Areas to promote vitality and provide a unique sense of identity Not Applicable
Frontier Parkway Gateway
On the Dallas North Tollway and Frontier Parkway, the minimum front yard is fifty (50) feet and
shall include a thirty (30) foot landscape buffer.
The Planned Development
conformswith DNTDG
No parking or drive aisles may occur in the landscape buffer.
The Planned Development
conformswith DNTDG
Page 149
Item 10.
A maximum of two rows of parking in the front of the building.
The Planned Development
conformswith DNTDG
Minimum building height shall be two (2) stories or forty (40) feet. If the building contains a
use(s) as described in Section E, Permitted Uses, the building height can be a one (1) story
building with a minimum of twenty (20) ft in height.
The Planned Development
requires a minimum of four
stories for office, multifamily,
and hotel uses. The Planned
Development allows retail use
to be one story, however the
height is allowed due to it
being a use described in
Section E, Permitted Use.
Neighborhood Services and Retail Not Applicable
On the Dallas North Tollway, the minimum front yard setback shall be thirty (30) feet.
Landscape buffer requirements shall be in accordance with Section M-Landscaping of these
guidelines. Not Applicable
No parking or drive aisles may occur in the landscape buffer. Not Applicable
A maximum of one row of parking in the front of the building Not Applicable
Minimum building height shall be one (1) story. Not Applicable
On the east side of the sub-district (east side of the Tollway), the maximum
building height shall be two (2) stories from the southerly boundary of Planned Development 69 in
the north down to Prosper Trail in the south. From Prosper Trail to W. First
Street, the maximum building height shall be three (3) stories with a maximum
of eight (8) stories permitted within the first five-hundred (500) feet of the
Tollway for Business Establishments as identified in Section F, "Business
Establishments Pursuant to the Town's Vision."Not Applicable
On the west side of the sub-district (west side of the Tollway from Prosper Trail
to W. First Street), the maximum building height shall be two (2) stories with a
maximum of eight (8) stories permitted within the first five-hundred (500) feet
of the Tollway for Business Establishments as identified in Section F, "Business
Establishments Pursuant to the Town's Vision." Not Applicable
Site Design and Building Placement
Does the zoning conform to the DNTDG site design and building placement for Gateway?
Planned Development
conforms to Site Design and
Building Placement.
Parking Design Standards
Does the zoning conform to the the parking design standards within the DNTDG for the Gateway?
Planned Development
conforms to Parking Design
Standards.
Residential Neighborhoods
Does the zoning consider compatibility standards from the DNTDG?
The Planned Development is
providing a less intense Sub-
district to act as a buffer
adjacent to Shawnee Trail.
The Planned Development
does conform with majority of
the Residential Neighborhood
standards, except the Planned
Development has requested
the maximum height of 45' feet
compared to the suggested 40'
feet. The Planned Development
does provide additional
setback to mitigate the height
difference.
Building Design
Does the zoning encourage building design from the DNTDG?
Planned Development
conforms to majority of the
building design standards with
the exception that the Planned
Development shall have
windows of a minimum of 30%
of the facade compared to the
suggested 60%.
Service Equipment Areas
Does the zoning incorporate standards regarding service equipment areas from the DNTDG?
Planned Development
conforms to the Service
Equipment Areas.
Pedestrian Connectivity and Amenities
Does the zoning incorporate standards regarding pedestrian connectivity and amenities from the
DNTDG?
Planned Development
conforms to the Pedestrian
Connectivity and Amenties
Public Parks and Open Spaces
Does the zoning incorporate standards regarding public parks and open space from the DNTDG?
Planned Development
conforms to Public Parks and
Open Spaces
Signage
Does the zoning conform to the signage requirements?
Signage will be a separate
process and will incoporate
sign requirements.
Landscaping Standards
Properties along Dallas North Tollway, F.M.
1461, and US Hwy 380.
Page 150
Item 10.
A landscaped area consisting of living trees, turf, or other living ground cover and being at least
thirty (30) 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 all properties
Planned Development
conforms
One (1) large tree, four (4) inch caliper minimum (at the time of planting) per twenty-five (25)
feet of linear roadway frontage shall be planted within the required landscaped area.
Planned Development
conforms
The trees may be planted in groups with appropriate spacing for species.
Planned Development
conforms
Shrub plantings shall be provided at a minimum rate of 22 shrub plantings per thirty (30) linear
feet which shall be a minimum of five (5) gallon shrubs (at the time of planting).
Planned Development
conforms
Parking abutting the landscaped area will be screened from the adjacent roadway. The required
screening may be with shrubs or earthen berms.
Planned Development
conforms
Properties adjacent to a minor thoroughfare as defined by the Town of Prosper Thoroughfare and Circulation Design Standard
A landscaped area consisting of living trees, turf, or other living ground cover and being at least
twenty-five (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 all properties
Planned Development
conforms along Shawnee
One (1) large tree, four (4) inch caliper minimum (at the time of planting) per thirty (30) feet of
linear roadway frontage shall be planted within the required landscaped area.
Planned Development
conforms
The trees may be planted in groups with appropriate spacing for species.
Planned Development
conforms
Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30)
linear feet.
Planned Development
conforms
Parking abutting the landscaped area will be screened from the adjacent roadway. The required
screening may be with shrubs or earthen berms.
Planned Development
conforms
Additional Requirements:
For big box retail and grocery stores, one (1) additional tree planted for
each one-hundred (100) linear feet of lot frontage. The trees shall be a minimum of 4" caliper and
may be placed in planters. Not Applicable
Page 151
Item 10.
Dallas North Tollway Design Guidelines. New Planned Development
Dallas North Tollway Design Guidelines
Subdistrict Location
Frontier Parkway Gateway, Neighborhood Services and Retail, U.S 380 Gateway Frontier Parkway Gateway
Business Establishments
Permitted Business Establishments
All the uses being proposed conform to the DNTDG recommendations. 51 total uses
The Planned Development
allows all of the permitted
business establishments with
the exception of Hotel Limited
Service, Hotel Extended Stay,
Restaurant with Drive
Through, and Vet Clinic.
Business Establishments Pursuant to the Town’s Vision
Does the rezoning include the business establishments as envision by Town Council? 7 total uses
• Museum/Art gallery
• Theatre
• Commercial amusement-Indoor
• Civic/Convention Center
• Hotel-Full Service
• Restaurants -Dine In with or without outdoor patio
• Developments are also strongly encouraged to include public open space, public gathering
places and public art, where feasible.
The Planned Development
allows majority of the uses.
Discouraged Business Establishments
Does the rezoning include the discourage business establishments that are not consistent with the Town
Vision? 71 total uses
The Planned Development
prohibits all discourage
business establishments
Grocery Stores with Gas Pumps Not Applicable
There shall be a minimum of a 15 ft landscape buffer to screen the pumps from the street
edge Not Applicable
The site design for projects located at street corners should provide special landscape
treatment at street intersection to emphasize the corner.Not Applicable
The use of mature trees is encouraged to provide an immediate impact especially when used
in buffering adjacent uses.Not Applicable
All display items for sale should occur within the main building or within designated areas that
are screened from public streets. Not Applicable
The design of pump islands and canopy should be architecturally integrated with other
structures on-site using similar colors, materials and architectural detailing. All signage should
be architecturally integrated with their surroundings in terms of size, shape and lighting so
that they do not visually compete with architecture of the building and design of the sight.Not Applicable
Restaurant, Drive-Thru Service Not Applicable
Where site conditions permit, drive-thru queuing lanes shall be designed so that the queuing wraps
behind the building instead of in front of the building. If the queue lane wraps in the front of the
building, the site shall provide for an ample amount of landscaping that will provide a buffer from the
public rights-of-way. There shall be a maximum of two drive-thru restaurants permitted for every 5
acres on a Planned Development development plan. If a development plan is under 5 acres, one drive-
thru shall be
permitted.Not Applicable
Multi-family Developments
The Town Council may permit a multi-family housing as part of a holistic development that includes
These businesses
can be, but are not limited, retail, office, recreational, family-friend entertainment and/or restaurant
establishments. If multi-family housing is part of a development proposal that includes businesses
and/or amenities described in Section F. “Business Establishments Pursuant to the Town’s Vision”
increased density may be permitted. It is highly recommended that multi-family units be designed
with structure parking as opposed to surface parking.
The Planned Development is
creating an enviroment with a
combination of businesses
designed to create a live, work
and play environment.
Tollway Subdistrict Requirements
US. 380 Gateway Not Applicable
On the Dallas North Tollway and U.S. 380, the minimum front yard is fifty (50) feet and shall
include a thirty (30) foot landscape buffer. Not Applicable
No parking or drive aisles may occur in the landscape buffer. Not Applicable
A maximum of two rows of parking in the front of the building.Not Applicable
Minimum building height shall be two (2) stories or forty (40) feet. If the building contains a
use(s) as described in Section E, Permitted Uses, the building height can be a one (1) story
building with a minimum of twenty (20) feet in height. Not Applicable
Recomendations Not Applicable
Does the recommendations conform the DNTDG for Gateway? Not Applicable
The gateways should be clearly identifiable to vehicular and pedestrian travelers. Not Applicable
Include Public Art in Gateway Areas to promote vitality and provide a unique sense of identity Not Applicable
Frontier Parkway Gateway
On the Dallas North Tollway and Frontier Parkway, the minimum front yard is fifty (50) feet and
shall include a thirty (30) foot landscape buffer.
The Planned Development
conformswith DNTDG
No parking or drive aisles may occur in the landscape buffer.
The Planned Development
conformswith DNTDG
Page 152
Item 10.
A maximum of two rows of parking in the front of the building.
The Planned Development
conformswith DNTDG
Minimum building height shall be two (2) stories or forty (40) feet. If the building contains a
use(s) as described in Section E, Permitted Uses, the building height can be a one (1) story
building with a minimum of twenty (20) ft in height.
The Planned Development
requires a minimum of four
stories for office, multifamily,
and hotel uses. The Planned
Development allows retail use
to be one story, however the
height is allowed due to it
being a use described in
Section E, Permitted Use.
Neighborhood Services and Retail Not Applicable
On the Dallas North Tollway, the minimum front yard setback shall be thirty (30) feet.
Landscape buffer requirements shall be in accordance with Section M-Landscaping of these
guidelines. Not Applicable
No parking or drive aisles may occur in the landscape buffer. Not Applicable
A maximum of one row of parking in the front of the building Not Applicable
Minimum building height shall be one (1) story. Not Applicable
On the east side of the sub-district (east side of the Tollway), the maximum
building height shall be two (2) stories from the southerly boundary of Planned Development 69 in
the north down to Prosper Trail in the south. From Prosper Trail to W. First
Street, the maximum building height shall be three (3) stories with a maximum
of eight (8) stories permitted within the first five-hundred (500) feet of the
Tollway for Business Establishments as identified in Section F, "Business
Establishments Pursuant to the Town's Vision."Not Applicable
On the west side of the sub-district (west side of the Tollway from Prosper Trail
to W. First Street), the maximum building height shall be two (2) stories with a
maximum of eight (8) stories permitted within the first five-hundred (500) feet
of the Tollway for Business Establishments as identified in Section F, "Business
Establishments Pursuant to the Town's Vision." Not Applicable
Site Design and Building Placement
Does the zoning conform to the DNTDG site design and building placement for Gateway?
Planned Development
conforms to Site Design and
Building Placement.
Parking Design Standards
Does the zoning conform to the the parking design standards within the DNTDG for the Gateway?
Planned Development
conforms to Parking Design
Standards.
Residential Neighborhoods
Does the zoning consider compatibility standards from the DNTDG?
The Planned Development is
providing a less intense Sub-
district to act as a buffer
adjacent to Shawnee Trail.
The Planned Development
does conform with majority of
the Residential Neighborhood
standards, except the Planned
Development has requested
the maximum height of 45' feet
compared to the suggested 40'
feet. The Planned Development
does provide additional
setback to mitigate the height
difference.
Building Design
Does the zoning encourage building design from the DNTDG?
Planned Development
conforms to majority of the
building design standards with
the exception that the Planned
Development shall have
windows of a minimum of 30%
of the facade compared to the
suggested 60%.
Service Equipment Areas
Does the zoning incorporate standards regarding service equipment areas from the DNTDG?
Planned Development
conforms to the Service
Equipment Areas.
Pedestrian Connectivity and Amenities
Does the zoning incorporate standards regarding pedestrian connectivity and amenities from the
DNTDG?
Planned Development
conforms to the Pedestrian
Connectivity and Amenties
Public Parks and Open Spaces
Does the zoning incorporate standards regarding public parks and open space from the DNTDG?
Planned Development
conforms to Public Parks and
Open Spaces
Signage
Does the zoning conform to the signage requirements?
Signage will be a separate
process and will incoporate
sign requirements.
Landscaping Standards
Properties along Dallas North Tollway, F.M.
1461, and US Hwy 380.
Page 153
Item 10.
A landscaped area consisting of living trees, turf, or other living ground cover and being at least
thirty (30) 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 all properties
Planned Development
conforms
One (1) large tree, four (4) inch caliper minimum (at the time of planting) per twenty-five (25)
feet of linear roadway frontage shall be planted within the required landscaped area.
Planned Development
conforms
The trees may be planted in groups with appropriate spacing for species.
Planned Development
conforms
Shrub plantings shall be provided at a minimum rate of 22 shrub plantings per thirty (30) linear
feet which shall be a minimum of five (5) gallon shrubs (at the time of planting).
Planned Development
conforms
Parking abutting the landscaped area will be screened from the adjacent roadway. The required
screening may be with shrubs or earthen berms.
Planned Development
conforms
Properties adjacent to a minor thoroughfare as defined by the Town of Prosper Thoroughfare and Circulation Design Standard
A landscaped area consisting of living trees, turf, or other living ground cover and being at least
twenty-five (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 all properties
Planned Development
conforms along Shawnee
One (1) large tree, four (4) inch caliper minimum (at the time of planting) per thirty (30) feet of
linear roadway frontage shall be planted within the required landscaped area.
Planned Development
conforms
The trees may be planted in groups with appropriate spacing for species.
Planned Development
conforms
Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30)
linear feet.
Planned Development
conforms
Parking abutting the landscaped area will be screened from the adjacent roadway. The required
screening may be with shrubs or earthen berms.
Planned Development
conforms
Additional Requirements:
For big box retail and grocery stores, one (1) additional tree planted for
each one-hundred (100) linear feet of lot frontage. The trees shall be a minimum of 4" caliper and
may be placed in planters. Not Applicable
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PLANNED DEVELOPMENT NO. 119
EXHIBIT B—Planned Development Purpose and Intent:
This planned development is intended to provide for and encourage development that contains a
compatible mix of residential, office, and commercial uses within close proximity to each other, rather
than separating uses.
The use provisions define land uses and the siting and character of the improvements and structures
allowed on the land in a manner that encourages a balanced and sustainable mix of uses. These uses
may be combined either vertically in the same building, or horizontally in multiple buildings, or through
a combination of the two.
Additionally, the standards are intended to promote an efficient pedestrian-access network that
connects the nonresidential and residential uses. The planned development generally addresses the
physical relationship between development and adjacent properties, public streets, neighborhoods, and
the natural environment. This is accomplished by the following;
• Ensuring buildings relate appropriately to surrounding developments and streets which create
cohesive visual identity and attractive street scenes.
• Ensuring site design promotes efficient pedestrian and vehicle circulation patterns.
• Ensuring the creation of high-quality street and sidewalk environments that are supportive of
pedestrian mobility and that are appropriate to the roadway context.
• Ensuring large sites are developed in a manner that supports and encourages connectivity and
creates a cohesive visual identity and attractive street scene.
In order to implement this vision, the standards affecting development are intended to be consistent
with the overall goal. To accomplish this goal, the area has been subdivided into a series of sub-districts
with development restrictions that will be necessary to achieve their collective individuality.
The purpose of sub-district requirements is to define the character of new development within each
sub-district. They have been carefully designed to allow enough flexibility for creative building solutions,
while being prescriptive in areas necessary to preserve consistency throughout the development.
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EXHIBIT C—Sub-District Regulations:
Development Plans
Concept Plan:
A. The tract shall be developed in general accordance with the attached concept plan, set forth in
Exhibits D2, D3, and D4.
B. Triggers
a. Neighborhood Sub-District:
i. Development shall be phased such that all of the townhomes will have
certificates of occupancy prior to commencing work within the Highway Sub-
District.
ii. Development shall be phased such that at minimum one (1) retail building, as
identified on Exhibit D.2 as either Lot 4 or Lot 2 Block 1, shall have completed
slab construction prior to commencing work within the Highway Sub-District.
b. Highway Sub-District:
i. Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and
2.
C. Where conflicts may arise between Exhibit C and Exhibit D, Exhibit C shall govern.
Elevations:
A. The tract shall be developed in general accordance with the attached elevations, set forth in
Exhibits F.
Administrative:
A. The property owner’s association (POA) shall be approved by town staff.
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HIGHWAY SUB-DISTRICT
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EXHIBIT C—Sub-district Regulations:
HIGHWAY SUB-DISTRICT
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Purpose & Intent
The purpose of the Highway Sub-District is to encourage the creation of a pedestrian-oriented, vertically
integrated, mixed-use, urban environment, providing shopping, employment, housing, business, and
personal services. This sub-district promotes an efficient, compact land use pattern; encouraging
pedestrian activity; reducing the reliance on private automobiles within the district; promoting a
functional and attractive community using urban design principles; and allowing developers flexibility in
land use and site design.
The Highway Sub-District is to be an area with a mixture of intense uses. Buildings are close to and
oriented toward the street. There is a connected street pattern, shared parking, and pedestrian
amenities.
Site Criteria
A. Size of Yards:
1. Minimum Front Yard
a. On Dallas North Tollway: Thirty (30Fifty (50) feet.
b. On all other streets: Ten (10) feet.
2. Minimum Side Yard: Zero (0) feet.
3. Minimum Rear Yard: Zero (0) feet.
B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a
line parallel to a public or private street where the primary facade of the building must be built to.
1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at
the minimum front yard setback. The primary facade shall be continuous along a block face and
at least 70% shall be located within 5’ of the build-to-line.
2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling
shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be
allowed within the front setback. Any land remaining in the setback shall be landscaped with
plant materials other than grass and shall be irrigated per the requirements established.
C. Size of Lots:
1. Minimum Size of Lot Area: Twenty Thousand (20,000) square feet
2. Minimum Lot Width: Fifty (3050) feet.
3. Minimum Lot Depth: Sixty (60) feet.
D. Maximum Lot Coverage: One hundred (100) percent, subject to Detention and Open Space.
E. Floor Area Ratio: Maximum 10.0:1.
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F. Housing: The following performance standards shall apply to residential development.
1. The maximum density allowed shall be 33 units/net acre, as calculated based onFor the
acreagepurposes of the Highwaythis Sub-District., Apartment and Condominiums are considered
Multifamily and shall be defined as follows:
a. Apartments- a predominantly residential building in which each unit is leased by the
owner to an individual entity.
b. Condominiums- a predominantly residential building in which each unit is owned by
an individual entity.
2. AThe maximum density allowed shall be no more than seven hundred and thirty (730) units
within the Highway Sub-District. Studio, One, Two, and Three Bedroom units shall be a minimum
of 15% of the650 square feet.
a. Apartments shall be no more than five hundred (500) units.
i. There shall be at least 65% Studios and One-Bedroom units.
ii. There shall be no more than 35% Two and Three-Bedroom units.
b. Condominiums shall be no more than two hundred thirty (230) units.
i. There shall be at least 60% Studios and One-Bedroom units.
ii. There shall be no more than 40% Two and Three-Bedroom units.
3. Where first-floor square footage of all buildings containing residential units the Highway
Subdistrict shall be used for non-residential uses., the following provisions for retail use shall
apply.
Retail, for the sake of this subsection shall include beauty salon/barber shop, commercial
amusement (indoor), furniture/ home furnishings store, gymnastics/dance studio, health/fitness
center, museum/art gallery, restaurant (without drive-thru/drive-in service), retail store and
shops, retail service/incidental use, and theatre.
a. Office: minimum 25% retail use.
b. Residential
i. Apartments: minimum 50% retail use.
ii. Condominiums: minimum 0% retail use.
c. Hotel: minimum 25% retail use.
4. Apartment buildings shall have a setback of Two Hundred Fifty (250) feet from the Dallas
North Tollway (DNT).
G. Parking:
1. The number of parking spaces provided for uses shall be in accordance with the breakdown
established in the GENERAL REQUIREMENTS section of these standards.
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2. Required parking shall be located and maintained anywhere within the PD No. 119, including
all sub-districts.
a. Where Townhome uses are concerned, parking may not be shared.
3. On-street parking and shared parking anywhere within the PD No. 119, including all sub-
districts, except for Townhome uses, may be counted towards meeting the off-street parking
requirement for any use within the sub-district.
4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted as
depicted in exhibit D street sections.
5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public
& Emergency Access Easement.
6. When structured garages are provided, adequate access from public rights-of-way via private
drives and/or access easements shall be made readily available.
7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
8. Speed bumps/humps are not permitted within a fire lane nor public roads.
11. Dead-end parking aisles are not permitted in surface parking lots.
12. In the case of mixed uses, parking spaces may be shared.
13. For all residential uses, a minimum of eighty percent (80%) of parking shall be contained in a
structured parking garage.
H. Service Equipment and Areas:
1. Loading docks, truck parking, trash collection, trash compaction, and other service functions
shall be incorporated into the overall design of the building or placed behind or on the side of a
building. On corner lots, these areas should be located behind the buildings. All solid waste
trash collection structures shall be designed to accommodate the Town’s current trash service
provider. This includes, but not limited to, minimum dumpster enclosure requirements,
approach geometry and other features for operational needs.
2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and
other machinery, where practical, should be located at the rear of the property.
a. Public water meters shall be located within easements, outside of pavement,
and adjacent (within 2-5 feet) to Public & Emergency Access Easement or
dedicated fire lanes that include utility easements.
I. Screening:
1. Service equipment and areas shall be screened so the visual impacts of these functions are
fully contained and out of view from adjacent properties and public streets to the extent that
screening is allowed by utility providers.
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2. Solid waste collection and loading areas shall be located to minimize visibility. These areas
shall be screened, at minimum, by a six (6eight (8) foot high wall built with the same materials
as used for the principal building, or an otherwise approved solid masonry material. Trash
dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall
generally always remain closed. Waste collection and loading area walls shall include shrubbery
as to screen walls from the public realm.
3. Where rooftop-mounted mechanical equipment is not screened from view at a point twenty
feet above ground level at the property line, alternative forms of screening are required, and
may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of
Development Services.
J. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the
above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted
to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front
of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least
30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each
residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to
the street.
K. Streets and Sight Triangles:
1. 1. For plantings within ten (10) feet of any public street intersection, shrubs and
groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7)
feet of clearance measured from the top of the ground surface to the first branch along the tree
trunk.
2. 2. Root barriers shall be installed where street trees are planted within 5 feet of
pavement within Public & Emergency Access Easement.
Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as
set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of
Prosper.
L. Landscaping: The standards and criteria contained in this Section are the minimum standards for all
new development. Where the regulations of this Section conflict with the Town of Prosper Zoning
Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply.
Unless specifically identified in this Section, new developments shall comply with the landscape
standards established in the Town of Prosper Zoning Ordinance and the Dallas North Tollway (DNT
Guidelines as of the date of adoption of this ordinance or as amended.
1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall
provide interior landscaping as follows:
a. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a
Town approved root barrier is utilized.
b. Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper
minimum, with no more than fifteen (15) parking spaces permitted in a continuous row
without being interrupted by a landscape island.
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c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not
less than nine (9) feet wide, measured from the inside face of curb, and a length equal
to the abutting space.
d. All above grade utilities and trash enclosures in landscape areas shall be screened
with evergreen plant material.
e. For streets with on-street parking, trees shall be installed against the curb, within the
sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the
development.
2. Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping, shall be placed a minimum of two and one-
half (2’-6”) feet from a town sidewalk or alley. Reduction of this requirement is subject
to review and approval by the Executive Director of Development and Community
ServicesAssistant Town manager or their designee.
b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be
irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation.
c. Rain/Freeze sensors shall be installed on all irrigation systems.
3. Drought tolerant and/or native plants from the Town’s approved plant list are required for
compliance. Other species may be utilized with approval from the Town as part of the Final Site
Plan process.
a. Trees in sidewalks adjacent to on-street parking will be specifically selected with
approval from the Town.
4. All Landscape areas to be kept free of weeds, invasive plant species, and trash.
5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way.
Building Criteria
The standards and criteria contained in this Section are the minimum standards for all new
development. The regulations of this Section shall govern where the regulations of this Section conflict
with the Town of Prosper Zoning Ordinance.
A. Tri-partite Architecture: All multi-story, mixed use buildings shall be designed and constructed in
tri-partite architecture (having a distinct base, middle, and top) or an alternative, scale appropriate
architectural treatment.
B. Maximum Building Height: Twelve (12) stories.
11. Maximum Building Height: Twelve (12) stories.
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a. Architectural embellishments not intended for human occupancy that are integral to
the architectural style of the buildings, including spires, belfries, towers, cupolas,
domes, and roof forms whose area in plan is no greater than 23% of the first-floor
footprint may exceed the height limits by up to twenty (20) feet.
2b. Mechanical equipment, including mechanical/elevator equipment penthouse
enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire
sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above
the actual building height, provided that: 1) they are setback from all exterior walls a
distance at least equal to the vertical dimension that such item(s) extend(s) above the
actual building height, or 2) the exterior wall and roof surfaces of such items that are set
back less than the vertical dimension above the actual building are to be constructed as
architecturally integral parts of the building facade(s) or as architectural embellishments
as described above. Mechanical equipment shall not be visible from the public right-of-
way, measured at six (6) feet above finish grade at the Public & Emergency Access
Easement line.
2. Minimum Building Height by use type:
a. Office: four (4) story.
b. Multifamily
i. Apartments: four (4) story.
ii. Condominiums: four (4) story.
c. Hotel: four (4) story
d. Retail: one (1) story.
C. Building Materials:
1. Materials such as brick, natural and manufactured stone, stucco, metal panel system, curtain
wall and window wall glazing, and cementitious panel system shall be considered primary
materials. Primary materials shall comprise of at least seventy-five percent (75%) of each floor,
exclusive of doors and windowselevation, exclusive of doors and windows. Where cementitious
panel is applied, it shall be limited to no more than 50% of a building’s material. Non-primary, or
secondary materials, may include stucco and metal panel systems.
a. Where Multifamily is concerned, primary materials shall be limited to brick, natural
and manufactured stone, and cementitious panel system.
2. Only primary building materials are allowed on the first floor with the exception of
cementitious panels,. For purposes of this section, the first floor shall be at least nine (9) feet
high and, at minimum, 90% shall be constructed of masonry cladding.
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3. All buildings shall be architecturally finished on all sides with articulation, detailing, and
features. Architectural articulation, detailing, and features are not required for facades adjacent
to a building or parking garage.
D. Window Areas:
1. For buildings which front on streets with on-street parking and contain non-residential uses
on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be
windows.
a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black
glass that blocks two-way visibility is only permitted above the first story.
b. pink or gold glass shall be prohibited.
E. Building Entries:
1. Main building entries shall be highlighted using such techniques as building articulation
and/or entry canopies so they are obvious to pedestrians and motorists.
2. Each building and separate lease space at grade along the street edge shall have a functioning
Primary Entry from the sidewalk. Corner entries may count as a Primary Entry for both
intersecting street fronts.
F. Awnings, canopies, Arcades, & Overhangs:
1. Structural awnings are encouraged at the ground level to enhance articulation of the building
volumes.
2. The material of awnings and canopies shall be architectural materials that complement the
building.
3. Awnings shall not be internally illuminated.
4. Canopies should not exceed one hundred (100) linear feet without a break of at least five (5)
feet.
5. Canopies and awnings shall respect the placement of street trees and lighting.
G. Building Articulation:
1. That portion of the building where retail or service uses take place on the first floor shall be
accentuated by including awnings or canopies, different building materials, or architectural
building features.
2.Building facades fronting both streets and driveways should have massing changes and
architectural articulation to provide visual interest and texture and reduce large areas of
undifferentiated building facade. Design articulation should employ changes in volume and
plane. Architectural elements including projecting volumes, windows, balconies, loggias,
canopies, pediments, and moldings that break up the mass of the building are encouraged.
H. Above Grade Structured Parking:
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1. Where parking garages are within views of public streets, openings in parking garages shall
not exceed 55% of the facade area. The portion of the parking garage that is visible from the
street shall have an architecturally finished facade compatible with the surrounding buildings.
2. It is the intent of this provision that the facades of surrounding buildings and the facades of
any parking structures within view of public streets shall be visually similar, with construction
materials being compatible.
3.Entries and exits to and from parking structures shall be clearly marked for both vehicles and
pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks.
I. Projections into Setbacks and/or Rights-of-Way:
The following projections shall be permitted into a building setback or Public & Emergency Access
Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or
right-of-way of Dallas North Tollway; 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; 5) no projections allowed over
franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade;
and 6) no projections allowed over public utility where located within a fire lane or public utility
easement.
1. Ordinary building projections, including, but not limited to water tables, sills, belt courses,
pilasters, and cornices may project up to twenty-four (24) inches beyond a building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st
floor only); below grade vaults and areaways; and elements of a nature similar to those listed;
may project up to ten (10) feet beyond the building face into the setback, but not the Public &
Emergency Access Easement.
4. Canopies and/or awnings may project from the building face over the entire setback.
Additionally, they may be extended into the Public & Emergency Access Easement to be within
eight (8) 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 twenty-four (24) inches from the
back of curb and does not extend over any fire lane or public utility easement.
5. Below-grade footings approved in conjunction with building permits.
Permitted Uses
ListSchedule of Permitted UsesBusiness Establishments for the Dallas North Tollway District: Uses
followed by an -S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to
conditional development standards located in the Town’s Zoning Ordinance as it exists or may be
amended.
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• Accessory Building
• Administrative, Medical, Insurance or Professional Office
• Antenna and/or Antenna Support Structure, Commercial
• Antenna and/or Antenna Support Structure, Non-Commercial
• Antique Shop and Used Furniture
• Artisan’s Workshop
• Assisted Care or Living Facility
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Bank, Savings and Loan, or Credit Union (with or without drive through)
• Beauty Salon/Barber Shop as an Incidental Use
• Bed and Breakfast Inn
• Beer & Wine Package Sales
Big Box (S)
• Building Material and Hardware Sales, MinorMajor (S)
• Business Service
• Caretaker’s/Guard’s Residence
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor (S)
• Community Center
• Convenience Store with or without Gas Pumps
• Dance Hall
• Day Care Center, Child
• Day Care Center
• Dry Cleaning
• Farmer’s Market
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Farm, Ranch, Stable, Garden, or Orchard
Food Truck Park (C)
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• Furniture, Home Furnishings and Appliance Store
• Governmental Office
• Gymnastics/Dance Studio (S)
• Health/Fitness Center (S)
• Home Occupation
Helistop (S)
• Hospital
• Hotel -C-, Full Service (C)
• House of Worship
• Household Appliance Service and Repair
• Insurance Office
• Laundromat
• Locksmith/Security System Company
• Massage Therapy, Licensed as an Incidental Use
• Mini-StorageMeeting/Banquet/Reception Facility (S)
• Mobile Food Vendor (S)
• Multifamily Dwelling
• Multi-Tenant Office Building
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Nursery
Outdoor Merchandise Display, Temporary
• Park or Playground
• Pet Day Care
• Print Shop, Minor
• Private Club (C)
• Private Recreation Center
• Private Utility, Other thanThan Listed
• Real Estate Sales/Leasing Office
• Recycling Collection Point
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• Rehabilitation Care Institution
Research and Development Center (S)
• Restaurant or Cafeteria
• Restaurant,without Drive In
• Restaurant,-thru or Drive Through -S--in Service (C)
• Retail Stores and Shops
• Retail/Service Incidental Use
• School, Private or Parochial
• School, Public
• Stealth Antenna, Commercial
• Studio Dwelling
• Telephone Exchange
• Temporary Building
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
• Theater, Regional
• Townhome
• Utility Distribution/Transmission Facility
• Veterinarian Clinic and/or Kennel, Indoor
• Work/Live Units (Property that has been specifically designed for use both as a
residential unit and an employment space. While the segregation of uses may take place vertically, they
will be located in the same leasable area, be accessed by the same doorway and may or may not share
plumbing.)Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
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NEIGHBORHOOD SUB-DISTRICT
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NEIGHBORHOOD SUB-DISTRICT
Purpose & Intent
The purpose of the Neighborhood Sub-District is to provide for a variety of developments in a suburban
type setting which will provide residential units and supporting retail space.
Site Criteria
A. Size of Yards:
1. Townhomes (lots shall be fee-simple)
i. Minimum Front Yard: Ten (10) feet.
ii. Minimum Side Yard: Zero (0) feet.
iii. Minimum Rear Yard: Twenty (20) feet.
iv. Maximum Building Height: Thirty-Five (35) feet (as measured from the finish floor to
the top plate), or three (3) stories.
v. Minimum Dwelling Area: One Thousand (1,000) square feet.
vi. Minimum Building Separation: Twenty (20) feet.
vii. Maximum Units Per Building: six (6) units
2. Commercial
i. Minimum Front Yard: Ten (10) feet.
ii. Minimum Side Yard: Five (5) feet.
iii. Minimum Rear Yard: Five (5) feet.
iv. Maximum Building Height: Forty-five (45) Feet (as measured from the finish floor to
the top plate), or three (3) stories
B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a
line parallel to a public or private street where the primary facade of the building must be built to.
1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at
the minimum front yard setback. The primary facade shall be continuous along a block face and
at least 70% shall be located within 5’ of the build-to-line.
2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling
shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be
allowed within the front setback. Any land remaining in the setback shall be landscaped with
plant materials other than grass and shall be irrigated per the requirements established.
3. Residential lots may front on public or private open space or a property owner's association
lot.
C. Size of Lots:
1. Minimum Size of Lot Area: Three thousand (3,000) square feet
2. Minimum Lot Width: Twenty (20) feet.
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3. Minimum Lot Depth: Sixty (60) feet.
D. Maximum Lot Coverage: One Hundred (100) percent. Parking structures and surface parking facilities
shall be excluded from lot coverage computations.
E. Floor Area Ratio: Maximum 5.0:1.
F. Housing: The following performance standards shall apply to residential development.
1. The maximum density allowed shall be 10sixty (60) units/net acre, as calculated based on the
acreage of within the Neighborhood Sub-District.
2. The minimum number of townhome units shall be forty-two (42) units.
G. Maximum Floor Area Per Building: Twenty thousand (20,000) square feet.
H. Parking:
1. The number of parking spaces provided for uses shall be in accordance with the breakdown
established in the GENERAL REQUIREMENTS section of these standards.
2. Required parking shall be located and maintained anywhere within the PD No. 119, including
all sub-districts.
a. Where Townhome uses are concerned, parking may not be shared.
3. On-street parking and shared parking anywhere within the PD No. 119, including all sub-
districts, except for Townhome uses, may be counted towards meeting the off-street parking
requirement for any use within the sub-district.
4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted.
5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public
& Emergency Access Easement.
6. When structured garages are provided, adequate access from public rights-of-way via private
drives and/or access easements shall be made readily available.
7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
8. Speed bumps/humps are not permitted within a fire lane.
119. Dead-end parking aisles are not permitted in surface parking lots.
1210. In the case of mixed uses, uses may share parking spaces.
I. Service Equipment and Areas:
1. Loading docks, truck parking, trash collection, trash compaction, and other service functions
shall be incorporated into the overall design of the building or placed behind or on the side of a
building. On corner lots, these areas should be located behind the buildings. All solid waste trash
collection structures shall be designed to accommodate the Town’s current trash service
provider. This includes, but not limited to, minimum dumpster enclosure requirements,
approach geometry and other features for operational needs.
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2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and
other machinery, where practical, should be located at the rear of the property.
a. Public water meters shall be located within easements, outside of pavement, and
adjacent (within 2-5 feet) to Public & Emergency Access Easement or dedicated fire
lanes that include utility easements.
J. Screening:
1. Service equipment and areas shall be screened so the visual impacts of these functions are
fully contained and out of view from adjacent properties and public streets, provided public
utility providers allow for screening.
2. Solid waste collection and loading areas shall be located to minimize visibility. These areas
shall be screened by a six (6eight (8) foot high wall built with the same materials as used for the
principal building, or an otherwise approved solid masonry material. Trash dumpsters shall have
a metal gate or door equal in height or the height of the wall, which shall generally remain
closed at all times. Waste collection and loading area walls shall include shrubbery as to screen
walls from the public realm.
3. Where rooftop-mounted mechanical equipment is not screened from view at a point twenty
feet above ground level at the property line, alternative forms of screening are required, and
may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of
Development Services.
K. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the
above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted
to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front
of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least
30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each
residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to
the street.
L. Streets and Sight Triangles: Within the Neighborhood Sub-District the following street design
standards shall apply. Except as provided herein, no sight triangle shall be required. Adequate sight
distance will be provided at all intersections through the use of appropriate traffic control devices. Sight
triangles, per the Town of Prosper’s requirements, for vehicles exiting the development for both public
streets and private driveways shall be provided at intersections with Shawnee Trail.
1. 1. For plantings within ten (10) feet of any public street intersection, shrubs and
groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7)
feet of clearance measured from the top of the ground surface to the first branch along the tree
trunk.
Nothing contained herein shall vary or supersede the public safety requirements of the Town of Prosper
as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of
Prosper.
M. Landscaping: The standards and criteria contained in this Section are the minimum standards for all
new development. Where the regulations of this Section conflict with the Town of Prosper Zoning
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Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply.
Unless specifically identified in this Section, new developments shall comply with the landscape
standards established in the Town of Prosper Zoning Ordinance. and the Dallas North Tollway (DNT
Guidelines as of the date of adoption of this ordinance or as amended.
1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall
provide interior landscaping as follows:
a. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a
Town approved root barrier is utilized.
b. Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper
minimum, with no more than fifteen (15) parking spaces permitted in a continuous row
without being interrupted by a landscape island.
c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not
less than nine (9) feet wide, measured from the inside face of curb, and a length equal
to the abutting space.
d. All above grade utilities and trash enclosures in landscape areas shall be screened
with evergreen plant material.
e. For streets with on-street parking, trees shall be installed against the curb, within the
sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the
development.
2. Except for the landscape easement adjacent to the deceleration lane on Shawnee Trail, the
landscape easement within the POA Lot adjacent to Shawnee Trail will be a minimum of twenty-
five (25) feet.
23. Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a
minimum of two and one-half (2’-6”) feet from a town sidewalk or alley. Reduction of
this requirement is subject to review and approval by Executive Director of
Development and Community Services.
b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be
irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation.
c. Rain/Freeze sensors shall be installed on all irrigation systems.
34. Drought tolerant and/or native plants from the Town’s approved plant list are required for
compliance. Other species may be utilized with approval from the Town as part of the Final Site
Plan process.
a. Trees in sidewalks adjacent to on-street parking will be specifically selected with
approval from the Town.
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4. All Landscape areas to be kept free of weeds, invasive plant species, and trash.
5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way.
Building Criteria
The standards and criteria contained in this Section are the minimum standards for all new
development. The regulations of this Section shall govern where the regulations of this Section conflict
with the Town of Prosper Zoning Ordinance.
A. Maximum Building Height:
1. Three (3) stories.
2. Architectural embellishments not intended for human occupancy that are integral to the
architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof
forms whose area in plan is no greater than 25% of the first -floor footprint may exceed the
height limits by up to ten (10) feet.
3. Mechanical equipment, including mechanical/elevator equipment penthouse enclosures,
ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and
other similar constructions may extend up to ten (10) feet above the actual building height,
provided that: 1) they are setback from all exterior walls a distance at least equal to the vertical
dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall
and roof surfaces of such items that are set back less than the vertical dimension above the
actual building are to be constructed as architecturally integral parts of the building facade(s) or
as architectural embellishments as described above. Mechanical equipment shall not be visible
from the Public & Emergency Access Easement, measured at six (6) feet above finished grade at
the Public & Emergency Access Easement line.
B. Building Materials:
1. Materials such as brick, natural and manufactured stone, stucco, metal panel system, curtain
wall and window wall glazing, and cementitious panel system shall be considered primary
materials. Primary materials shall comprise asat least seventy -five (75) percent of each
floorelevation, exclusive of doors and windows.
a. Townhomes shall be constructed of no less than 6075% brick masonry, calculated
from the aggregate of the front, rear and side elevations.
2. Only primary building materials are allowed on the first floor excluding cementitious panel
systems, exclusive of doors, windows, and their accompanying frames. For purposes of this
section, the first floor shall be at least nine (9) feet high.
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3. All buildings shall be architecturally finished on all sides with articulation, detailing, and
features. Architectural articulation, detailing, and features are not required for facades adjacent
to a building or parking garage.
C. Windows:
1. For buildings which front on streets with on-street parking and contain non-residential uses
on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be
windows.
a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black
glass that blocks two-way visibility is only permitted above the first story.
b. pink or gold glass shall be prohibited.
2. For buildings which front on streets, and contain residential uses, a minimum of thirty (30)
percent of the facade shall be windows.
D. Horizontal articulation: No building wall shall extend for a distance equal to four (4) times the wall’s
height without having an off-set equal to 25% of the wall’s height. The new plane shall then extend for a
distance equal to at least 25% of the maximum length of the first plane.
E. Building Entries: Main building entries shall be highlighted using such techniques as building
articulation and/or entry canopies so they are obvious to pedestrians and motorists.
F. Above Grade Structured Parking:
1. Where parking garages are within views of streets, openings in parking garages shall not
exceed 53% of the facade area. The portion of the parking garage that is visible from the street
shall have an architecturally finished facade compatible with the surrounding buildings.
2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and
pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks.
G. Projections into Setbacks and/or Rights-of-Way:
The following projections shall be permitted into a building setback or Public & Emergency Access
Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or
right-of-way of Shawnee Trail; 2) such projections do not extend over the traveled portion of a roadway;
3) the property owner has assumed liability related to such projections; and 4) the property owner shall
maintain such projection in a safe and non-injurious manner; and 5) no projections allowed over
franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade;
and 6) no projections allowed over public utility where located within a fire lane or public utility
easement..
1. Ordinary building projections, including, but not limited to water tables, sills, belt courses,
pilasters, and cornices may project up to twelve (12) inches beyond a building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
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2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st
floor only); below grade vaults and areaways; and elements of a nature similar to those listed;
may project up to ten (10) feet beyond the building face into the setback, but not the Public &
Emergency Access Easement.
4. Canopies and/or awnings may project from the building face over the entire setback.
Additionally, they may be extended into the Public & Emergency Access Easement to be within
eight (8) 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 twenty-four (24) inches from the
back of curb and does not extend over any fire lane or public utility easement.
5. Below-grade footings approved in conjunction with building permits.
Permitted Uses
ListSchedule of Permitted UsesBusiness Establishments for the Dallas North Tollway District: Uses
followed by an -S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to
conditional development standards located in the Town’s Zoning Ordinance as it exists or may be
amended.
• Accessory Building
• Administrative, Medical, Insurance or Professional Office
• Antenna and/or Antenna Support Structure, Commercial
• Antenna and/or Antenna Support Structure, Non-Commercial
• Assisted Care or Living Facility
Antique Shop
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop as an Incidental Use
Big Box (S)
Building Material and Hardware Sales, Major (S)
• Business Service
• Caretaker’s/Guard’s Residence
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
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• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Community Center
ConvenienceCommercial Amusement, Indoor (S)
Farm, Ranch, Stable, Garden, or Orchard
Food Truck Park (C)
• Furniture, Home Furnishings and Appliance Store with or without Gas Pumps
• Corporate Campus
• Day Care Center, Child
• Day Care Center
• Dry Cleaning
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Governmental Office
Gymnastics/Dance Studio (S)
• Health/Fitness Center (S)
• Home Occupation
Helistop (S)
• Hospital
• House of Worship
• Insurance Office
• Massage Therapy, Licensed as an Incidental Use
Meeting/Banquet/Reception Facility (S)
• Mobile Food Vendor (S)
• Multi-Tenant Office Building
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Office/Show Room
Outdoor Merchandise Display, Temporary
• Park or Playground
• Print Shop, Minor
• Private Club (C)
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• Private Recreation Center
• Private Utility, Other thanThan Listed
• Real Estate Sales/Leasing Office
• Rehabilitation Care Institution
Research and Development Center (S)
• Restaurant or Cafeteria
• Restaurant,without Drive In
• Restaurant,-thru or Drive Through -S-
• Retail/-in Service Use(C)
Retail Stores and Shops
Retail/Service Incidental Use
• School, Private or Parochial
• School, Public
• Stealth Antenna, Commercial
• Studio Dwelling
• Telephone Exchange
• Temporary Building
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
Theater, Regional
• Townhome
• Utility Distribution/Transmission Facility
• Work/Live Units (Property that has been specifically designed for use both as a
residential unit and an employment space. While the segregation of uses may take place
vertically, they will be located in the same leasable area, be accessed by the same doorway and
may or may not share plumbing.)
Veterinarian Clinic and/or Kennel, Indoor (S)
Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
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GENERAL REQUIREMENTS
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GENERAL REQUIREMENTS
A. Development shall generally take place in accordance with the attached Concept Plan (Exhibit D).
Plats and/or site plans submitted for the development shall conform to the data presented and
approved on the conceptual development plan. Changes of detail on these final development plan(s)
that differ from the conceptual development plan may be authorized by the Town staff, 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 Town staff determines that the proposed change(s) violates one (1) or more of the above eight (8)
criteria, then a public hearing must be held by the Planning and Zoning Commission and the Town
Council to adequately amend the granting ordinance prior to the Planning & Zoning Commission’s
approval of the final development plan(s).
B. A minimum twenty (20) percent of the total area in this planned development shall be provided as
open space.
Open spaces may include areas used for facilities such as plazas, courts, recreational amenities, water
features and other similar uses not specifically used for vehicular access and parking.
Additionally, if detention areas shall contain a constant water level and are landscaped or otherwise
treated as an amenity for the development, they may be used to meet the open space requirement.
The open space may not consist of any of the following elements:
1. Vehicular parking.
2. Required parking lot tree islands.
3. Building footprints.
4. Utility yards.
The open space may consist of any of the following elements:
5. Landscape easements, setbacks, or any other landscaping as listed in Chapter 2, Section 4 of
the zoning ordinance.
6. Public sidewalks and plazas.
7. Detention/ Retention ponds, when activated with pedestrian access.
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C. Design Guidelines: Design Guidelines will be created, and approved by Staff, to govern the following
details.
1. Street sections, including sidewalks
2. Public realm standards, including sidewalks, benches, signage, planters, outdoor seating
areas, treeslandscape, parking, and lighting.
3. Multifamily characteristics are generally set forth below, and may be applied to other uses as
appropriate.
a. Special Provisions: typical floor height ten-twelve feet, air condition corridors,
Hospitality-style amenity centers, Resort-style pool, State-of-the-art fitness centers, and
hidden trash collection.
b. Architectural Provisions
Facade Composition
For multi-story buildings, the overall composition of the façade should incorporate a
three-part hierarchy of base, body, and cap to emphasize verticality and to maintain a
balanced façade composition. In addition, the cap of the building should be
architecturally distinguished to provide a visual termination to the facade and interest at
the skyline.
All buildings must be composed of:
Building Base: The “base” of the building clearly defines the realm of the public space
and provides the necessary spatial enclosure. The base of the building is also the device
that effectively engages the pedestrian, defining the character and quality of a street or
public space. It also houses the uses with the most intensity. The height of the base
varies depending on the overall building height. The “base” shall consist of the area of
wall immediately along the ground floor level to the “body” of the building. The
transition from “base” to “body” may be expressed either horizontally, through a shift in
the vertical plane or, vertically through a change in building materials along a level line.
The base shall be between 16’ minimum and, in buildings of at least four stories, may
include up to the floor line of the third floor.
Building Body: The “body” of the building comprises the majority of the building, mainly
defined by its structural composition. It houses the main use and engages all fronts. The
“body” shall consist of the area of wall from the “base” to the “cap.” The transition from
“body” to “cap” may be expressed either horizontally, through a shift in the vertical
plane or vertically through a change in building materials along a level line.
Building Cap: The “cap” of the building could either encompass the last floor of a
building and roof, or be the area above the eave or before the parapet line depending
upon the height or number of stories of the building. The “cap” clearly terminates the
“body” of the building. The building top is determined by the height of the building and
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is not subject to elements of style. The “cap” shall consist of the area of wall from the
top floor level to the parapet or the area of wall from the roof line to the top of the
parapet wall. Optional Body Setback: The optional body setback is a change in the depth
of the vertical plane of the primary facade along the full width of the building at the
transition point between the “base” and the “body” of the building. This setback clearly
divides the base from the rest of the building and provides the opportunity for an
interim cornice line at the top of the base. The depth of the setback varies, but should
be noticeable, in order to perceive the change between the two parts.
Building Composition
By subdividing the building mass into a series of well-scaled volumes, and then
articulating those volumes with window systems, different materials, and special
elements, a rich architectural form can be created. True to its classical roots, this
approach to design provides a rational method of creating a wide variety of buildings
with individual character, that still create a unified ensemble. The concept of “bay
spacing” is critical in helping to maintain an appropriate human scale by breaking up the
massing of large buildings as well as in creating a lively and interesting streetscape
rhythm.
Traditional downtown streetscapes were often comprised of individual buildings divided
into 25 ft. wide parcels facing the primary street. Many buildings were one-lot wide
(25’), although later buildings spanned more than one lot. Wider building facades were
typically divided into repeated sections, or “bays”, ranging from 15 ft. to 30 ft. in width
on the ground floor. This pattern of bay spacing echoed, rather than over-whelmed,
adjacent buildings that might only be one lot wide. Upper stories often were consistent
across two, three or five bays, unifying the building as a whole. Buildings in the Mixed-
Use area should reflect these traditional building facades, and should express a façade
composition ranging from one bay width to no more than 5 bay widths in length.
Special Conditions
All elevations of buildings that can be seen from either the street or public spaces shall
be considered “primary facades” and shall be designed as “fronts.” Buildings occupying
lots with two frontages, such as on corner lots, shall treat both building walls as
“primary facades” with each being equally considered as “fronts.” Additional detailing
and attention can be applied to these two-fronted scenarios in order to better landmark
the corner to enhance the architectural character as well as to improve pedestrian and
vehicular way finding.
Scale & Massing
The overall scale and mass of the buildings that make up a neighborhood play a key role
in attracting patrons, pedestrians, and activities to a particular area. Buildings provide
the perimeter walls for streets and public spaces and should be designed in a manner
that is consistent with the nature of the spaces that they define. Buildings should share
with their neighbors a sense of harmony that reveals focus on defining high quality,
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vibrant public spaces. In the mixed-use area, the focus of building design should
concentrate on the creation of collective expression - on clearly defined public and
outdoor spaces and streetscapes as a cohesive and legible whole - rather than on
individual buildings with a strong individual expression.
New construction should give consideration to appropriate form and proportion as
reflected in the tradition of vernacular, mixed-use buildings. Buildings should be
rectangular, facing the street with the facade aligned with the front property line.
Angled or non-rectilinear buildings, unless relating to the street alignment, are
inappropriate. The bulky form of the overall mass should be articulated into a series of
forms which provide a variety of scale and proportion. The “Base” of a building should
maintain a consistent building plane along the building frontage except to provide
recessed storefront entrances, a special corner feature, usable open space for out-door
dining, or to form a mid-block pedestrian passageway.
Commercial construction on a primarily residential block should be designed to reflect a
residential character. A front yard setback for commercial uses at some interface
locations is desirable. Creating a height transition by locating taller building portions
toward areas with larger scaled buildings and lower portions toward residential areas is
preferable. Long, rectangular buildings should be articulated into two or three distinct
facade elements, separated either by recesses, changes in materials, structural
elements, or sub-divided into individual facades separated by panels. Special
architectural treatment and detailing should be located at the corners of the building
and at the mid-point of the main building mass.
Doors, Windows, & Openings
The different elements defined by the massing, are further articulated by different door,
window and wall systems. These systems will vary by use, but may include the
following: a curtainwall, generally used in the recessed elements; a storefront system
for commercial applications; a primary wall with square punched openings; a secondary
wall system with rectangular punched openings; and a system of columns and lintels
placed in front of curtain walls or storefronts for special portions of the buildings. The
combination of this articulated massing and the reinforcement of forms with different
materials and window patterns result in a lively composition with the capacity to define
dynamic urban space.
Doorways are celebrated and made monumental by a series of special elements added
to the frame around the wall. All window and door openings shall be square or vertical
in proportion, and any other divisions of openings shall happen as a system of squares
or vertically proportioned rectangles. Grouped or “ganged” windows shall be treated as
a single opening, unless they are separated by a minimum 4 inch divider. Windows and
doors may meet at building corners, or shall be a mini-mum of twenty-four inches from
the building corner. Shading devices over doors and windows are permitted to be
cantilevered and made of any architectural grade material, but shall be fully functional
rather than simply decorative. All arcade openings (or “voids”) shall be vertical in
proportion.
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Transparency
Design distinction between upper and lower floors shall be maintained by developing
the ground level facade as primarily transparent and inviting to the public. For
commercial uses, the use of storefront windows, typically consisting of glass set in
wood, clad wood, or metal frames creates a highly inviting and transparent street level
facade. Retail ground floors shall have between 60% and 80% glazing, as measured
from grade to the underside of the slab above. Colored or mirrored glazing and glass
block are inappropriate.
Upper floors generally employ a different ratio of solid area versus opening area and are
differentiated from the more transparent ground floor by having more solid area than
void area and through the use of smaller, vertically oriented windows in a regular
pattern. Ground levels use can also be differentiated through a change in transparency.
Commercial uses, such as retail, shall be more transparent than smaller office or
residential uses. This change in the pattern of doors, windows, and openings helps to
clarify the various uses for the pedestrian by highlighting the nature of public, semi-
public, and private tenants.
Rhythm
Building facades are comprised of a series of patterns, from the number and spacing of
bays, the number and spacing of floor levels, the disposition of openings and
architectural details, and the arrangement and palette of materials, which create an
inherent rhythm. Symmetry, repeated bays with expressed structural elements, and the
repetition of windows and doors create the essential rhythm of the facade. This rhythm
can be further reinforced by changing materials, patterns, reveals, building setbacks,
façade portions or by using design elements such as column or pilasters, which establish
a legible vertical and horizontal arrangement of the various building elements
comprising the facade.
Vertical Alignment
In vernacular buildings, the expression of the structural system follows traditional
construction patterns. As a result, openings are generally stacked above other openings
and solid areas in the facade are stacked above structural elements. This vertical
alignment, determined primarily by structural requirements, reinforces the “bay”
system and helps to clarify the overall building composition. Setbacks, reveals, and
projections in the vertical plane of the building facade can also serve to enhance the
legibility of this composition.
Horizontal Alignment
As well as following a clear vertical alignment, traditional facades were equally
organized horizontally. As previously described, buildings should be divided into three
distinct components: the Base, the Body, and the Cap. The height of these various
elements should be carefully designed so that there is a general consistency along the
entire streetscape. Dramatic changes in building heights will not be allowed. Within
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each building composition, care should be made to align horizontal elements, including
building cornices, sill heights, floor levels, decorative moldings and windows.
Walls
All elevations of buildings that can be seen from public spaces shall be designed as
“fronts.” Street facades should include elements to maintain pedestrian scale and
interest. Architectural details and facade articulation including recesses for outdoor
dining areas, display cases, public art integrated with the building design, and additional
architectural elements and details help create visual interest. Avoid large featureless
facade surfaces by incorporating traditionally sized building components, standard
window sizes, standard brick and siding sizes, trim and details. Blank walls and blind
facades visible from public streets are prohibited.
Columns & Lintels
The columns and lintels in Clearfork derive from the vocabulary of traditional
architecture, but can be abstracted and reinterpreted to incorporate contemporary
building techniques. Although they may be purely ornamental, columns and lintels
should be designed and detailed in character with the traditional construction patterns
of the load bearing buildings of the vernacular architectural styles of central Texas.
Awnings & Canopies
Canopies and awnings shall not be used above the “base” and they shall coordinate with
a horizontal element of the storefront. They shall project at least six feet, so as to
provide shade and shelter to pedestrians. Canopies and awnings of commercial
establishments shall be permitted to encroach over the setback. Canopies and awnings
shall extend horizon-tally from the building and shall be supported by rods, cables or
brackets. The bottom of the canopy and the awning shall be a minimum of eight feet
above the sidewalk.
Canopies of commercial establishments shall be made of wood, metal or glass. Lettering
may be applied to the edges of canopies.
Awnings of commercial establishments shall be made of canvas or synthetic material
having the appearance of canvas. Awnings shall be triangular in section. Awnings may
have side panels, but shall not have a panel enclosing the underside of the awning.
Internal structure of awnings shall be galvanized pipe or extruded aluminum framework.
Awnings shall not be translucent or internally illuminated. Awnings may have lettering
on the valance only.
4. Hotel characteristics are generally set forth below.
Hotel, Full Service. Full Service Hotel developments shall be subject to the following
development standards:
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a. External balconies and walkways shall be set back 200 feet from any residential
zoning district.
b. Shall provide management staff on-site 24 hours a day.
c. Shall provide at least four amenities from the list below:
• Indoor/Outdoor Pool
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Game Room
• Jogging Trail
d. Shall provide a full-service restaurant offering three meals a day.
e. Shall provide a minimum total of 20,000 square feet of meeting/event space.
f. No more than five percent of the total number of guest rooms shall have cooking
facilities.
g. All room units must be accessed through an internal hallway, lobby, or courtyard.
h. All rooms shall be a minimum of two hundred (200) square feet.
D. All utility lines shall be underground from the building to the property line. Utility lines within the
Public & Emergency Access Easement shall be placed underground and relocated to the rear of the site
to the maximum extent practicable.
E. Conditional Development Standards, shall be in accordance with the Zoning Ordinance, as it exists, or
may be amended, except as follows:
1. Mobile Food Vendors - Mobile food vendors are permitted in this planned development, in
accordance with the Conditional Development Standards of the Zoning Ordinance, as is exists or
may be amended, except as follows:
a. Mobile food vendors are not required to be located on property where an existing,
permanent business operates in a building with a Certificate of Occupancy.
b. Mobile food vendors are not required to be located within fifty feet (50’) of an
entrance of a primary building that holds the Certificate of Occupancy., however, they
shall have access to a public restroom.
c. Mobile food vendors may be located on public property other than public street
travel lanes. Order windows shall face outward towards public sidewalk. At no time
shall any part of food truck operations use main lanes without a special use permit
issued by the Town;
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d. Mobile food vendors may be located on private property with the written consent of
the owner;
e. Mobile food vendors shall not operate in driveways or fire lanes;
f. Mobile foodFood vendors cannot remain more than 24 hours and shall be considered
as a Minor Amendmentreturn to the PD, subject to approval by the Director of
Development Servicesapproved commissary.
g. Prior to issuance of a permit, an application shall be submitted to the Development
Services Department and containing any information required by staff to evaluate the
impacts including but limited to location, parking and accessibility.
F. Parking Requirements Based on Use.
In all Sub- Districts, at the time any building or structure is erected or structurally altered, parking spaces
shall be provided in accordance with the following requirements. A mixed-use discount of 20% shall be
applied to the overall development, except for Townhomes, where shared parking is concerned.
Automobile Oil change and Similar Establishments: One (1) parking space per service bay plus
one (1) parking space per maximum number of employees on a shift.
Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred fifty (350)
square feet of gross floor area.
Bed and breakfast facility: One (1) space per guest room in addition to the requirements for
normal residential use.
Business or professional office (general): One (1) space per three hundred fifty (350) square
feet of gross floor area.
Church, rectory, or other place of worship: One (1) parking space for each three (3) Seats in the
main auditorium.
College or University: One (1) space per each day student.
Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one
additional space for each three hundred (300) square feet of floor area in excess of two
thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area
shall be deducted from the total and additional parking provided on the basis of one (1) space
for each four (4) seats that it contains.
Commercial Amusement: One (1) space per three (3) guests at maximum designed capacity.
Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each
two hundred (200) square feet of floor area thereof.
Dwellings, Multifamily: One (1) space for each bedroom in one (1) and two (2) bedroom units,
plus one half (1/2) additional space for each additional bedroom.
Farmer’s Market, Flea Market: One (1) space for each five hundred (500) square feet of site
area.
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Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and
one and one-half (1 'A) spaces for each two beds in off campus projects.
Furniture or Appliance Store, Wholesale Establishments, Machinery or Equipment
Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1)
additional parking space for each four hundred (400) square feet of floor area over one
thousand (1,000).
Gasoline Station: Minimum of three (3) spaces for employees. Adequate space shall be provided
for waiting, stacking, and maneuvering automobiles for refueling.
Health Studio or Club: One (1) parking space per two hundred (200) square feet of exercise
area.
Hospital: One (1) space per employee on the largest shift, plus one and one-half (1.5) spaces per
each bed or examination room, whichever is applicable.
Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two
hundred (200) square feet of commercial floor area contained therein.
Kindergartens, day schools, and similar child training and care establishments: shall provide
one (1) paved off-street loading and unloading space for an automobile on a through -circular-
drive for each ten (10) students, or one (1) space per ten (10) students, plus one (1) space per
teacher.
Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square
feet, over one thousand (1,000) square feet.
Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet.
Medical or Dental Office: One (1) space per three hundred fifty (350) square feet of floor area.
Mini-Warehouse: Four (4) spaces per complex plus one (1) additional space per three hundred
(300) square feet of rental office.
Motor Vehicle Repair and Service: Three (3) parking spaces per service bay plus one (1) parking
space per maximum number of employees on a shift.
Nursing Home: One (1) space per five (5) beds and one (1) parking space for each one thousand
(1,000) square feet of lot area for outdoor uses.
Private Club: One (1) parking space for each seventy-five (75) square feet of gross floor area.
Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1)
space per two hundred and fifty (250) square feet of gross floor area.
Restaurant, Restaurant with a Private Club, Cafe or Similar Dining Establishment: One (1)
parking space for each one seventy-five (75) square feet of gross floor area for stand-alone
buildings without a drive-through, and one (1) parking space for each one hundred (100) square
feet of gross floor area for restaurants located within a multi-tenant buildings, and one (1)
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parking space for each one hundred (100) square feet for stand-alone buildings with a drive-
through.
Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space
for each five (5) beds.
School, Elementary, Secondary, or Middle: One and one half (11Y) parking spaces per
classroom, or the requirements for public assembly areas contained herein, whichever is
greater.
School, High School: One and one half (1 'A) parking spaces per classroom plus one (1) space per
five (5) students the school is designed to accommodate, or the requirements for public
assembly areas contained herein, whichever is greater.
Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking
space for each four (4) seats or bench seating spaces.
Townhomes: Minimum of two (2) parking spaces located behind the front building line and two
(2) parking spaces enclosed in the main or an accessory building.
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