08.22.23 Town Council Regular Meeting PacketPage 1 of 4
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Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings
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 THRIVES coins to members of the Prosper Police Department for
outstanding performance. (DFB)
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.
2. Consider and act upon the minutes from the August 8, 2023, Town Council Work
Session meeting. (MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, August 22, 2023
6:15 PM
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Page 2 of 4
3. Consider and act upon the minutes from the August 8, 2023, Town Council Regular
meeting. (MLS)
4. Receive the Quarterly Investment Report for June 30, 2023. (CL)
5. Consider and act upon an ordinance approving a Negotiated Settlement between the
Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division
regarding the Company’s 2023 Rate Review Mechanism Filing; declaring the existing
rates to be unreasonable; finding the rates to be set by the attached Settlement Tariffs
to be reasonable and in the public interest; and approving an attachment establishing
a benchmark for pensions and retiree medical benefits. (TW)
6. Consider and act upon a resolution suspending the September 1, 2023, effective date
of a rate request from CoServ Gas Ltd. for the maximum period allowed by law. (TW)
7. Consider and act upon authorizing the Town Manager to execute an Agreement
between Vector Solutions and the Town of Prosper for online training management
and scheduling applications. (SB)
8. Consider and act upon authorizing the Town Manager to execute a contract between
Astound Business Solutions and the Town of Prosper, Texas, related to establishing
fiber network connectivity from Town Hall to Fire Stations 2 & 3, pump station, and
establishing fiber radio system connectivity from Prosper to the City of Frisco. (LJ)
9. Consider and act upon a resolution designating The Frisco Enterprise as the official
newspaper of the Town of Prosper and The Dallas Morning News as an alternative
advertising source for FY 2023-2024. (MLS)
10. Consider and act upon an ordinance adopting new personnel policies regarding
mental health leave for certain personnel as required by recent legislation and injury
and illness leave for certain personnel as required by recent legislation. (JE)
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:
11. Consider all matters incident and related to the issuance and sale of “Town of Prosper,
Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series
2023”, including the adoption of an ordinance authorizing the issuance of such
obligations and establishing procedures and delegating authority for the sale and
delivery of such obligations. (CL)
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12. Receive an update on the 2023 Texas Legislative Session. (RB)
13. 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) (DH)
14. Consider and act upon a Development Agreement for the proposed Pradera
Development, located north of Prosper Trail and west of the Dallas Parkway. (DH)
15. Conduct a public hearing and consider and act upon a request to update the Town of
Prosper’s Comprehensive Plan. (DH)
16. Discuss CIP and Finance Subcommittee recommendations and receive Council
direction regarding the FY 2023-2024 Proposed Budget. (RBS/CL)
17. Discuss and consider Town Council Subcommittee reports. (DFB)
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.
Section 551.089 - Deliberation of security information collected, assembled or
maintained by or for a governmental entity to prevent, detect, or investigate criminal
activity, pursuant to Section 2059.055 of the Texas Government Code, and all matters
incident and related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, and the Community
Engagement Committee, 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, August 18, 2023, and remained so posted at least 72 hours before said meeting was
convened.
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________________________________ _________________________
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 5:02 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
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Mary Ann Moon, EDC Executive Director
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
David Hoover, Development Services Director
Stuart Blasingame, Fire Chief
Scott Brewer, Assistant Police Chief
Items for Individual Consideration
1. Discuss a new Planned Development for Mixed Use, located on the northside
of Prosper Trail and west of Dallas Parkway (Pradera Development).
Mr. Hoover presented an overview of the development project including when the
application was first received up to present day, the proposed layout, responses
received by the applicant on previously raised questions by the Planning and
Zoning Commission and the Town Council.
The Town Council discussed setbacks within the development, building height
requirements, ground floor ceiling heights within the residential and commercial
areas, numbers of units available on two and three bedroom apartments, and
review provisions.
Adjourn.
The meeting was adjourned at 6:03 p.m.
These minutes were approved on the 22nd day of August 2023.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, July 25, 2023
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Item 2.
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APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 2.
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Call to Order/ Roll Call.
The meeting was called to order at 6:20 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
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Mary Ann Moon, Economic Development Director
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Dan Baker, Parks & Recreation Director
Chris Landrum, Finance Director
Whitney Rehm, Grants Administrator
Todd Rice, Communications Manager
Kellen Land, Help Desk Technician
Scot Brewer, Assistant Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship 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:
Join us in Downtown Prosper this Friday, August 11 from 7:00 p.m. to 10:00 p.m. for a
Moonlight Movie as part of the Discover Downtown event series in partnership with the Prosper
EDC. Enjoy in the pre-movie fun with lawn games, face painters, and balloon artists. The movie
“Sonic the Hedgehog 2” will begin at dusk on the south lawn of Town Hall. Remember to bring
your blanket and chairs for the show.
Fall registration is now open for youth and adult classes, as well as leagues for softball and
kickball. Residents can register by visiting the Parks and Recreation Department page of the
Town’s website.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, August 8, 2023
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Item 3.
Page 2 of 8
Don’t miss out on an unforgettable evening at Freedom Fest 2023, featuring a live performance
by Coffey Anderson. This highly anticipated concert is set to take place on the south lawn of
Town Hall in downtown Prosper on Saturday, September 2 beginning at 5:30 p.m. General
Admission tickets are now available or reserve your VIP tickets at
prospertx.gov/freedomfesttickets.
Join us on Saturday, September 9 for Paws on Broadway as part of the Downtown Discover
event series in partnership with the Prosper EDC from 11:00 a.m. to 2:00 p.m. Bring your pup
downtown to enjoy a fun afternoon featuring treats and contests, along with pet-related exhibits
and vendors.
Join us for “Celebrate Prosper” on Saturday, October 7 at Frontier Park. Come relax in the
outdoors and enjoy entertainment, food and fun with neighbors and friends. This is a free event
presented by the Parks and Recreation Department with the support of Sponsors and
community partners. For more information, visit the Special Events page under the Parks and
Recreation Department.
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.
1. Consider and act upon the minutes from the July 25, 2023, Town Council Work
Session meeting. (MLS)
2. Consider and act upon the minutes from the July 25, 2023, Town Council Work
Regular meeting. (MLS)
3. Consider acceptance of the January, February, and March 2023 monthly
financial reports. (CL)
4. Consider and act upon authorizing the Town Manager to execute a contract
between DAC Inc. and the Town of Prosper, Texas, for security improvements
to entryways at Town Hall. (CE)
5. Consider and act upon a Façade Plan for a Drive-Through Restaurant, on 1.1±
acres, located south of East First Street and west of South Preston Road. (The
property is zoned Planned Development-67 (PD-67) Gates of Prosper.)
(DEVAPP-23-0011) (DH)
6. Consider and act upon a Façade Plan for a Hotel, Limited Service, on 2.7±
acres, located on the southeast corner of Lovers Lane and South Coleman
Street. (The property is zoned Planned Development-67 (PD-67) Gates of
Prosper.) (DEVAPP-23-0105) (DH)
7. Consider and act upon Ordinance 2023-51 to rezone 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) (DH)
8. 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 Site Plans including Prosper Town Center, Hall
Elementary Temporary Buildings, Dutch Bros, PISD MS #6, Cracker Barrel,
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Item 3.
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Home 2 Suites, One Community Church, St. Martin De Porres Temporary
Building, St. Paul Episcopal Church, and 205 W. Broadway. (DH)
Councilmember Bartley request to pull item 7.
Councilmember Hodges made a motion to approve consent agenda items 1 through
6 and 8. Deputy Mayor Pro-Tem Ray seconded that motion. Motion carried
unanimously.
Councilmember Bartley asked for a point of clarity regarding item 7. She asked what
the process on the SUP would be if the entity asked for the one-year renewal after
the initial two years. Mr. Hoover noted the Town can initiate the one-year renewal
application process, which would then go to the Planning and Zoning Commission
and the Town Council for consideration.
Austin Carr and Tom Ross, applicants, were in attendance and noted that they were
in favor of the item.
Councilmember Bartley made a motion to approve an ordinance to rezone for a
Specific Use Permit (SUP) for Temporary Buildings on 8.2± acres, located nort h of
US-380, west of South Teel Parkway. Councilmember Cotten seconded that motion.
Motion carried unanimously.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
9. 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)
(DH)
Mr. Hoover introduced the item presenting an overview of the subject property
including the development standards, zoning designations, building heights and
setbacks.
Nolan Bradshaw representing the development reviewed the proposed layout of the
development including details for the streetscape, parking, building materials, and
highlighted the walkable urban district they would like to bring to the Town.
Mayor Bristol opened the public hearing.
Brian Meier, 1410 Binkley Ave., stated his opposition to the item due to the height of
the buildings and increase in traffic it would bring.
Barbara Nugent, 961 Grassy Shore Lane, stated her concerns of the height of the
buildings and the density it would bring to the schools.
Randal Ziegler, 3961 Marigold Lane, stated concerns regarding the height of the
buildings, public safety access, and how the development would affect the overall
look and feel to the Town.
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Item 3.
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Jeff Bostrom, 1910 Wynne Ave, requested the Town Council to consider the density
and traffic the development would bring. He is opposed to the item.
Evan Haynes, 1931 Wynne Ave, stated his concerns about the increasing traffic. He
is opposed to the item.
Eric Seiss, 3830 Porter Lane, stated his opposition to the apartment building portion
of the development.
Swaroop Gaddameedhi, 1300 Euclid Drive. Mayor Bristol read written comments
expressing concerns regarding increased population density, congestion caused by
multi-family units, increased office building capacity, crowded schools, traffic,
potential increase in crime, and drop in property values.
Oscar Perez, 4141 Silver Spur Drive, is opposed to the proposed apartment and
office building plans.
Matthew Faulk, 4220 Mill Branch Drive. Mayor Bristol read his written comments
opposing the item due to high density and extra stress on schools and roads.
Michael Hanschen, 1430 Beverly Drive. Mayor Bristol read his written comments
expressing concerns that the amenities required for such large mixed-use
development with apartments, etc. will not be sufficient and Legacy Gardens will
have outside people coming into its pool, parks, and playgrounds. Mr. Hanschen also
requested additional landscaping and to require the developer to build an eight-foot
masonry wall the entire length of Shanee Trail.
Sana Rafique, 1930 Shenandoah Street. Mayor Bristol read her written comments
expressing concerns regarding high population density that the apartments will bring
to our Town and schools, as well as requesting to revise the 12-story building to the
original 8-story building to better the traffic in the area.
Mayor Bristol closed the public hearing.
The Town Council discussed multi-family and the current developments that are
included in the overall numbers including Ladera and the developments that have
townhomes, triggers, height of the office buildings, traffic flow, percentages/units of
apartments, parking, landscaping and maintenance of, permitted uses in the highway
subdistrict, open space requirements, amenities, ceiling height minimum
requirements on first floors of commercial and residential buildings, tapering of the
buildings by height, including the “family-friendly” clause, setbacks, pedestrian trail
connections, the POA, and including a review provision.
Councilmember Cotten left the dais at 8:33 p.m.
Mayor Pro-Tem Andres made a motion to table to August 22 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. Deputy Mayor
Pro-Tem Ray seconded that motion. Motion carried with a 6-0 vote.
Mayor Bristol recessed the regular meeting at 8:35 p.m.
Mayor Bristol reconvened back into the regular meeting at 8:48 p.m.
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Item 3.
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10. Consider and act upon Resolution 2023-52 of the Town Council of the Town of
Prosper, Texas, declaring the public necessity to acquire certain properties for
right-of-way, drainage easements, and temporary construction easements for
the construction of the First Street (DNT – Coleman) 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 for the potential round-about at Coleman and for the
acquisition of right-of-way for the easements. This item requires a roll call vote.
Deputy Mayor Pro-Tem Ray asked if staff has been in communications with the
property owners. Mr. Webb indicated if approved, staff will begin notifications as they
proceed on the project.
Deputy Mayor Pro-Tem Ray made a motion to approve Resolution 2023-52 of the
Town Council of the Town of Prosper, Texas, declaring the public necessity to
acquire certain properties for right-of-way, drainage easements, and temporary
construction easements for the construction of the First Street (DNT – Coleman)
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 Hodges seconded that motion.
Councilmember Hodges – In Favor
Deputy Mayor Pro-Tem Ray – In Favor
Mayor Bristol – In Favor
Mayor Pro-Tem Andres – In Favor
Councilmember Kern – In Favor
Councilmember Bartley – In Favor
Motion carried with a 6-0 vote.
11. Discuss and consider submission of the Preliminary FY 2023-2024 Budget.
(CL)
Mr. Scott presented an overview of the proposed Budget including the key revenue
drivers, General Fund additions, personnel and compensation changes, and the
multi-year capital program and bond program. Staff will be seeking guidance from
the Council regarding capital dedicated funds through the CIP Subcommittee and
Finance Subcommittee.
No further discussion by the Town Council.
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Item 3.
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12. Consider and act upon accepting submission of the tax year 2023, fiscal year
2023-2024, no-new-revenue tax rate of $0.448160 per $100 taxable value and
the voter-approval tax rate of $0.51 per $100 taxable value. (CL)
Mr. Landrum stated the no-new-revenue rate will produce the same amount of tax
revenue if applied to the same properties in both years and the voter-approval rate is
the highest tax rate the Town can set without holding an election to seek voter
approval of the rate. Staff recommends accepting as submitted.
Mayor Pro-Tem Andres made a motion to accept the submission of the tax year
2023 no-new-revenue tax rate of $0.448160 per $100 taxable value and the voter-
approval tax rate of $0.51 per $100 taxable value. Councilmember Hodges seconded
that motion. Motion carries with a 6-0 vote.
13. Consider and act upon Ordinance 2023-53 establishing the tax year 2023
certified appraisal roll. (CL)
Mr. Landrum stated the certified appraisal roll lists all taxable property and values
within the Town limits for tax year 2023 (fiscal year 2023-2024). The Town will also
be required to approve the tax roll after the property tax rate is set.
Councilmember Hodges made a motion to approve Ordinance 2023-53 establishing
the tax year 2023 certified appraisal roll. Councilmember Kern seconded that motion.
Motion carried with a 6-0 vote.
14. Consider and act upon a proposed FY 2023-2024 property tax rate. (CL)
Mr. Landrum stated the Town is required to hold one public hearing and publish a
newspaper ad if proposing to consider a tax rate that exceeds the no-new-revenue
rate or voter-approval rate, whichever is lower. The rate the Town finally adopts can
be lower than the proposed and published rate, but it cannot exceed it without
undergoing the required posting requirements and timeframes. This item requires a
roll call vote.
Mayor Pro-Tem Andres made a motion to place a proposal to adopt a FY 2023-2024
tax rate of fifty-one cents ($0.51) per one hundred dollars ($100) of valuation on the
September 12, 2023, Town Council Agenda. Deputy Mayor Pro-Tem Ray seconded
that motion.
Councilmember Hodges – In Favor
Deputy Mayor Pro-Tem Ray – In Favor
Mayor Bristol – In Favor
Mayor Pro-Tem Andres – In Favor
Councilmember Kern – In Favor
Councilmember Bartley – In Favor
Motion carried with a 6-0 vote.
15. Consider and act upon scheduling a public hearing on the FY 2023-2024
proposed Budget. (CL)
Mr. Landrum stated that September 12 is a regular meeting date of the Town
Council. This date meets the public hearing requirements of the Local Government
Code. Given the timelines for publishing, staff will be submitting the notice of the
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Item 3.
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public hearings on the proposed budget to print in the August 27 Frisco Enterprise
edition.
Deputy Mayor Pro-Tem Ray made a motion to schedule a public hearing on the FY
2023-2024 proposed Budget for September 12, 2023, at 6:15 p.m. with the meeting
taking place in the Council Chambers of Prosper Town Hall, located at 250 W First
St, Prosper, TX. Councilmember Bartley seconded that motion. Motion carried with a
6-0 vote.
16. Consider and act upon scheduling a public hearing on the proposed FY 2023-
2024 tax rate. (CL)
Mr. Landrum stated the Texas Property Tax Code states that a meeting to vote on
the tax increase may not be held later than the seventh day after the date of the
public hearing. Due to this limitation, we are requesting to hold the public hearing
and vote on the tax rate on September 12 which is a regular meeting date of the
Town Council. A hearing on this date satisfies tax code requirements.
Councilmember Hodges made a motion to set the public hearing on the proposed tax
rate for September 12, 2023, at 6:15 p.m., with the meeting taking place in the
Council Chambers of Prosper Town Hall, located at 250 W. First St, Prosper, TX.
Councilmember Bartley seconded that motion. Motion carried with a 6-0 vote.
17. Discuss and consider Town Council Subcommittee reports. (DFB)
Mayor Bristol provided an update from the CEC meeting indicating the committee
had reviewed the Comprehensive Plan, working on a Mayors Youth Council, and an
initiative/pledge presented by a Prosper high school student called Prosper Act.
Mayor Bristol stated the Legislative Subcommittee also met and had a review of
legislative bills passed. An update will be coming to the Town Council at the next
regularly scheduled meeting.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tem Ray requested a review of the maintenance of trash containers.
Councilmember Bartley requested a deadline in regard to replacing dead plants to prepare for
fall landscape maintenance.
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 9:43 p.m.
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Item 3.
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Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 10:11 p.m.
Mayor Pro-Tem Andres made a motion to amend the Town Manager Agreement as discussed
in Executive Session. Deputy Mayor-Pro Tem Ray seconded that motion. Motion carried with a
6-0 vote.
Adjourn.
The meeting was adjourned at 10:12 p.m.
These minutes were approved on the 22nd day of August 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 3.
Page 1 of 1
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Robert B. Scott, Deputy Town Manager
Re: Quarterly Investment Report for June 30, 2023
Town Council Meeting – August 22, 2023
Agenda Item:
Receive the Quarterly Investment Report for June 30, 2023.
Description of Agenda Item:
As required by the Public Funds Investment Act, staff is required to report activities of its cash and
investment holdings on a quarterly basis. Information as required by the act includes investment
results for the quarter, economic summary and investment strategy, investment holdings and book
vs. market comparisons.
Budget Impact:
There is no budgetary impact affiliated with this item.
Attached Documents:
1. Quarterly Investment Report – June 30, 2023
Staff Recommendation:
Receive the Quarterly Investment Report for June 30, 2023, as submitted.
Proposed Motion:
I move to receive the Quarterly Investment Report for June 30, 2023, as submitted
FINANCE
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Item 4.
Page 16Item 4.
Summary
Quarter End Results by Investment Category:
Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value
MMA/NOW 4.57%36,891,989$ 36,891,989$ 4.93%22,177,649$ 22,177,649$
MMF/Pools 4.61%65,285,585 65,285,585 5.04%77,488,064 77,488,064
Securities 2.94%43,086,822 42,371,745 2.94%43,060,614 42,227,990
Certificates of Deposit 1.32%35,312,658 35,312,658 1.77%25,362,107 25,362,107
Total 3.63%180,577,054$ 179,861,977$ 3.99%168,088,435$ 167,255,811$
Average Yield - Current Quarter (1) Fiscal Year-to-Date Average Yield (2)
Total Portfolio 3.99%Total Portfolio 3.55%
Rolling Three Month Treasury 5.28%Rolling Three Month Treasury 4.75%
Rolling Six Month Treasury 5.08%Rolling Six Month Treasury 4.57%
TexPool 5.05%TexPool 4.55%
Interest Earnings (Approximate)
Quarter 1,752,952$
Fiscal Year-to-date 4,399,709$
June 30, 2023March 31, 2023
(1) Quarter End Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is
used for bank, pool, and money market balances.
(2) Fiscal Year-to-Date Average Yield - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees.
Town of Prosper Valley View Consulting, L.L.C.1 Page 17
Item 4.
Economic Overview6/30/2023 The Federal Open Market Committee (FOMC) paused and kept the Fed Funds target range 5.00% - 5.25% June 14th (Effective Fed Funds are trading +/-5.08%). Another increase is projected after the July 25-26 meeting. First quarter 2023 GDP (Final) recorded 2.0%. June Non-Farm Payroll added 209k new jobs, below the 230k projection. The three month average declined to 244k. The S&P Stock Index continues moderate increases, trading +/-4,400. The yield curve rose from last month but remains steeply inverted with the expectation of future FOMC rate decreases. Crude Oil trades over +/-$70 per barrel. Inflation declined slightly but is still over the FOMC 2% target (Core PCE +/-4.6% and CPI +/-5.3%). The Ukrainian/Russian war and Middle East conflicts increase market anxiety. 02505007501,0001,2501,5001,7502,0002,2502,5002,7503,0003,2503,5003,7504,0004,2504,5004,7505,0005,250S&P 5000.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since Nov 2015Six Month T-BillTwo Year T-NoteTen Year T-Note0.001.002.003.004.005.006.00Treasury Yield CurvesJune 30, 2022March 31, 2023June 30, 20230.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since 2006Six Month T-BillTwo Year T-NoteTen Year T-NoteValley View Consulting, L.L.C.2Page 18Item 4.
Investment Holdings
Coupon/Maturity Settlement Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value (Days)Yield
Independent Financial DDA 2.53%07/01/23 06/30/23 2,910,906$ 2,910,906$ 1.00 2,910,906$ 1 2.53%
Independent Financial DDA #2 5.38%07/01/23 06/30/23 7,685,319 7,685,319 1.00 7,685,319 1 5.38%
Independent Financial DDA #3 5.38%07/01/23 06/30/23 6,097,571 6,097,571 1.00 6,097,571 1 5.38%
NexBank MMA 5.30%07/01/23 06/30/23 5,233,852 5,233,852 1.00 5,233,852 1 5.30%
PlainsCapital Bank MMA 0.00%07/01/23 06/30/23 250,000 250,000 1.00 250,000 1 0.00%
PlainsCapital Bank ICS SWEEP MMF 1.85%07/01/23 06/30/23 494,594 494,594 1.00 494,594 1 1.85%
TexSTAR AAAm 5.08%07/01/23 06/30/23 9,863,148 9,863,148 1.00 9,863,148 1 5.08%
TexPool AAAm 5.05%07/01/23 06/30/23 67,130,323 67,130,323 1.00 67,130,323 1 5.05%
T-Note Aaa/AA+0.13%07/31/23 10/20/21 1,500,000 1,499,703 99.62 1,494,225 31 0.36%
Veritex Community Bank CD 0.25%08/23/23 08/23/21 10,043,781 10,043,781 100.00 10,043,781 54 0.25%
Independent Financial CD 4.00%09/04/23 10/11/22 10,296,436 10,296,436 100.00 10,296,436 66 4.00%
Veritex Community Bank CD 0.25%09/15/23 09/17/21 5,021,890 5,021,890 100.00 5,021,890 77 0.25%
T-Note Aaa/AA+2.88%10/31/23 10/20/21 1,500,000 1,512,313 99.19 1,487,865 123 0.43%
T-Note Aaa/AA+4.75%02/29/24 02/09/22 5,000,000 5,033,734 98.02 4,900,800 244 1.35%
FHLB Aaa/AA+4.75%03/08/24 12/21/22 10,000,000 9,997,096 99.51 9,951,100 252 4.79%
T-Note Aaa/AA+2.25%04/30/24 03/16/22 10,000,000 10,031,013 97.41 9,740,600 305 1.87%
T-Note Aaa/AA+1.25%08/31/24 02/09/22 5,000,000 4,986,754 95.36 4,767,800 428 1.48%
FHLB Aaa/AA+4.48%10/03/24 12/22/22 10,000,000 10,000,000 98.86 9,885,600 461 4.48%
Total Portfolio 168,027,821$ 168,088,435$ 167,255,811$ 92 3.99%
(1)(2)
June 30, 2023
(1) Weighted average life - For purposes of calculating weighted average life, overnight bank and pool balances are assumed to have a one day maturity.
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on Book Value, realized and unrealized gains/losses and investment advisory fees are not included. The yield for
the reporting month is used for overnight bank and pool balances.
Town of Prosper Valley View Consulting, L.L.C.3 Page 19
Item 4.
MMA/DDA/NOW
13%
Pools
46%
CDs
15%
Securities
26%
Composition - Current Quarter
$0
$20
$40
$60
$80
$100
$120
$140
$160
$180
$200
Total Portfolio (Millions)
Quarter End Book Value
MMA/DDA/NOW
20%
Pools
36%
CDs
20%
Securities
24%
Composition - Prior Quarter
0.0
1.0
2.0
3.0
4.0
5.0
6.0
PercentageTown Portfolio Performance
Town WAY TexPool
Rolling 3 mo T-Bill Rolling 6 mo T-Bill
Town of Prosper Valley View Consulting, L.L.C.4 Page 20
Item 4.
Book and Market Value Comparison
Issuer/Description Yield Maturity
Date
Book Value
03/31/23 Increases Decreases Book Value
06/30/23
Market Value
03/31/23
Change in
Market Value
Market Value
06/30/23
Independent Financial DDA 2.53%07/01/23 3,739,820$ –$ (828,914)$ 2,910,906$ 3,739,820$ (828,914)$ 2,910,906$
Independent Financial DDA #2 5.38%07/01/23 7,587,305 98,014 – 7,685,319 7,587,305 98,014 7,685,319
Independent Financial DDA #3 5.38%07/01/23 19,914,535 – (13,816,964) 6,097,571 19,914,535 (13,816,964) 6,097,571
NexBank MMA 5.30%07/01/23 5,167,065 66,788 – 5,233,852 5,167,065 66,788 5,233,852
PlainsCapital Bank MMA 0.00%07/01/23 250,000 – – 250,000 250,000 – 250,000
PlainsCapital Bank ICS SWEEP MMF 1.85%07/01/23 233,264 261,330 – 494,594 233,264 261,330 494,594
TexSTAR 5.08%07/01/23 9,741,586 121,562 – 9,863,148 9,741,586 121,562 9,863,148
TexPool 5.05%07/01/23 55,543,999 11,586,324 – 67,130,323 55,543,999 11,586,324 67,130,323
The American Nat'l Bank CD 2.30%04/10/23 5,056,416 – (5,056,416) – 5,056,416 (5,056,416) –
(Reedemed 04/10/23 without penalty)
The American Nat'l Bank CD 0.43%06/01/23 5,037,716 – (5,037,716) – 5,037,716 (5,037,716) –
T-Note 0.36%07/31/23 1,498,832 871 – 1,499,703 1,477,380 16,845 1,494,225
Veritex Community Bank CD 0.25%08/23/23 10,037,662 6,119 – 10,043,781 10,037,662 6,119 10,043,781
Independent Financial CD 4.00%09/04/23 10,162,137 134,300 – 10,296,436 10,162,137 134,300 10,296,436
Veritex Community Bank CD 0.25%09/15/23 5,018,728 3,162 – 5,021,890 5,018,728 3,162 5,021,890
T-Note 0.43%10/31/23 1,521,423 – (9,110) 1,512,313 1,484,415 3,450 1,487,865
T-Note 1.35%02/29/24 5,046,315 – (12,581) 5,033,734 4,895,900 4,900 4,900,800
FHLB 4.79%03/08/24 9,996,048 1,049 – 9,997,096 9,987,900 (36,800) 9,951,100
T-Note 1.87%04/30/24 10,040,267 – (9,253) 10,031,013 9,750,400 (9,800) 9,740,600
T-Note 1.48%08/31/24 4,983,938 2,816 – 4,986,754 4,785,950 (18,150) 4,767,800
FHLB 4.48%10/03/24 10,000,000 – – 10,000,000 9,989,800 (104,200) 9,885,600
TOTAL / AVERAGE 3.99%180,577,054$ 12,282,335$ (24,770,954)$ 168,088,435$ 179,861,977$ (12,606,166)$ 167,255,811$
Town of Prosper Valley View Consulting, L.L.C.5 Page 21
Item 4.
Allocation
Book Value Yield Maturity
Date Total Pooled Funds Debt Service
Fund
Independent Financial DDA 2.53%2,910,906$ 2,910,906$
Independent Financial DDA #2 5.38%7,685,319$ 7,685,319
Independent Financial DDA #3 5.38%6,097,571$ 6,097,571
NexBank MMA 5.30%5,233,852$ 5,233,852
PlainsCapital Bank MMA 0.00%250,000$ 250,000
PlainsCapital Bank ICS SWEEP MMF 1.85%494,594$ 494,594
TexSTAR 5.08%9,863,148$ 9,863,148
TexPool 5.05%67,130,323$ 62,898,861 4,231,462
T-Note 0.36%07/31/23 1,499,703$ 1,499,703
Veritex Community Bank CD 0.25%08/23/23 10,043,781$ 10,043,781
Independent Financial CD 4.00%09/04/23 10,296,436$ 10,296,436
Veritex Community Bank CD 0.25%09/15/23 5,021,890$ 5,021,890
T-Note 0.43%10/31/23 1,512,313$ 1,512,313
T-Note 1.35%02/29/24 5,033,734$ 5,033,734
FHLB 4.79%03/08/24 9,997,096$ 9,997,096
T-Note 1.87%04/30/24 10,031,013$ 10,031,013
T-Note 1.48%08/31/24 4,986,754$ 4,986,754
FHLB 4.48%10/03/24 10,000,000$ 10,000,000
Totals 168,088,435$ 163,856,973$ 4,231,462$
June 30, 2023
Town of Prosper Valley View Consulting, L.L.C.6 Page 22
Item 4.
Allocation
Book Value Yield Maturity
Date Total Pooled Funds Debt Service
Fund
Independent Financial DDA 2.04%3,739,820$ 3,739,820$
Independent Financial DDA #2 4.94%7,587,305 7,587,305
Independent Financial DDA #3 4.94%19,914,535 19,914,535
NexBank MMA 4.87%5,167,065 5,167,065
PlainsCapital Bank MMA 0.00%250,000 250,000
PlainsCapital Bank ICS SWEEP MMF 0.00%233,264 233,264
TexSTAR 4.61%9,741,586 9,741,586
TexPool 4.61%55,543,999 51,494,288 4,049,710
The American Nat'l Bank CD 0.43%06/01/23 5,037,716 5,037,716
T-Note 0.36%07/31/23 1,498,832 1,498,832
Veritex Community Bank CD 0.25%08/23/23 10,037,662 10,037,662
Independent Financial CD 4.00%09/04/23 10,162,137 10,162,137
Veritex Community Bank CD 0.25%09/15/23 5,018,728 5,018,728
T-Note 0.43%10/31/23 1,521,423 1,521,423
T-Note 1.35%02/29/24 5,046,315 5,046,315
FHLB 4.79%03/08/24 9,996,048 9,996,048
T-Note 1.87%04/30/24 10,040,267 10,040,267
The American Nat'l Bank CD 2.30%06/01/24 5,056,416 5,056,416
T-Note 1.48%08/31/24 4,983,938 4,983,938
FHLB 4.48%10/03/24 10,000,000 10,000,000
Totals 180,577,054$ 176,527,344$ 4,049,710$
March 31, 2023
Town of Prosper Valley View Consulting, L.L.C.7 Page 23
Item 4.
Town of Prosper, Texas
June 30, 2023 Quarterly Investment Report Investment Strategy Addendum
As noted in the Economic Overview, the FOMC has tightened 500 basis points in the since early 2022 and as anticipated,
tightened an additional 25 basis points on May 3, 2023 resulting in a Fed Funds target of 5.00%-5.25%. These increases
reflect The Federal Reserve's efforts to slow the economy and reduce inflationary pressures.
In the low interest environment of 2021 and prior, Certificates of Deposit (CD) often provided a yield advantage over
Treasury and Agency securities. This yield advantage is still selectively prevalent, but combined with the greater
administrative requirements and lack of liquidity associated with CD's the Town will continue shifting more available
funds into fixed income securities. In addition, the Town's premier money market account with its Depository Bank pays
the Fed Funds rate. The Town also maintains balances in two local government investment pools to ensure liquidity and
for diversification purposes.
Town of Prosper Valley View Consulting, L.L.C.8 Page 24
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Re: Atmos Rate Review
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance approving a Negotiated Settlement between the Atmos Cities
Steering Committee and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s
2023 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the
rates to be set by the attached Settlement Tariffs to be reasonable and in the public interest; and
approving an attachment establishing a benchmark for pensions and retiree medical benefits.
Description of Agenda Item:
The Town, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).
That settlement created a substitute rate review process, referred to as Rate Review Mechanism
(“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On
or about March 31, 2023, the Company filed a rate request pursuant to the RRM Tariff adopted
by ACSC members. The Company claimed that its cost-of-service in a test year ending December
31, 2022, entitled it to additional system-wide revenues of $165.9 million.
Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to
$156.1 million, $113.8 million of which would be applicable to ACSC members. After reviewing
the filing and conducting discovery, ACSC’s consultants concluded that the system-wide
deficiency under the RRM regime should be $130.9 million instead of the claimed $156.1 million.
After several settlement meetings, the parties have agreed to settle the case for $142 million. This
is a reduction of $23.9 million to the Company’s initial request. This includes payment of ACSC’s
expenses. The settlement also includes an additional $19.5 million for the securitization regulatory
asset expenses related to Winter Storm Uri. This was previously approved by the Texas
Legislature and Railroad Commission. The Effective Date for new rates is October 1, 2023.
TOWN ATTORNEY
Page 25
Item 5.
Page 2 of 2
Atmos generated rate tariffs attached to the Ordinance will generate $142 million in additional
revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC
consultants have agreed that Atmos’ Proof of Revenues is accurate.
The impact of the settlement on average residential rates is an increase of $6.47 on a monthly
basis, or 7.31%. The increase for average commercial usage will be $24.72 or 5.19%. Atmos
provided bill impact comparisons containing these figures.
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated
with capital investments. The RRM process has proven to result in a more efficient and less costly
(both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP
process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover
$165.9 million in additional system-wide revenues, the RRM settlement at $142 million for ACSC
members reflects substantial savings to ACSC cities. Settlement at $142 million is fair and
reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members
urges all ACSC members to pass either a resolution or ordinance before September 30, 2023.
New rates become effective October 1, 2023.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Ordinance & Attachments
Town Staff Recommendation:
Town Attorney recommends approval of an ordinance approving a Negotiated Settlement
between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division
regarding the Company’s 2023 Rate Review Mechanism Filing; declaring the existing rates to be
unreasonable; finding the rates to be set by the attached Settlement Tariffs to be reasonable and
in the public interest; and approving an attachment establishing a benchmark for pensions and
retiree medical benefits.
Proposed Motion:
I move to approve an ordinance approving a Negotiated Settlement between the Atmos Cities
Steering Committee and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s
2023 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the
rates to be set by the attached Settlement Tariffs to be reasonable and in the public interest; and
approving an attachment establishing a benchmark for pensions and retiree medical benefits.
Page 26
Item 5.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN
THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS
ENERGY CORP., MID-TEX DIVISION (“COMPANY”) REGARDING THE
COMPANY’S 2023 RATE REVIEW MECHANISM FILING; DECLARING
EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED
SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE
PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A
BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS;
REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING
THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A
SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S
LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas (“Town”), is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with
an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ASCS Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities
as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the
Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in
2018; and
WHEREAS, on about March 31, 2023, Atmos Mid-Tex filed its 2023 RRM rate request
with ACSC Cities based on a test year ending December 31, 2022; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2023 RRM filing through
its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $142 million
applicable on a system-wide basis with an effective date of October 1, 2023; and
WHEREAS, ACSC agrees that Atmos’ plant-in-service is reasonable; and
Page 27
Item 5.
Ordinance No. 2023-__, Page 2
WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from
future reasonableness evaluation of costs associated with incidents related to gas leaks; and
WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent
with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and
are just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Attachment 2); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications; and
WHEREAS, the RRM Tariff includes Securitization Interest Regulatory Asset amount of
$19.5 million.
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if copied in their entirety.
SECTION 2
Without prejudice to future litigation of any issue identified by ACSC, the Town Council
finds that the settled amount of an increase in revenues of $142 million on a system-wide basis
represents a comprehensive settlement of gas utility rate issues affecting the rates, operations
and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s
2023 RRM filing, is in the public interest, and is consistent with the Town’s authority under Section
103.001 of the Texas Utilities Code.
SECTION 3
Despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ASCS is not foreclosed
in future cases from evaluating the reasonableness of costs associated with incidents involving
leaks of natural gas.
SECTION 4
The existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable.
The new tariffs, attached hereto and incorporated herein as Attachment 1, are just and
reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $142
million on a system-wide basis, over the amount allowed under currently approved rates. Such
tariffs are hereby adopted.
Page 28
Item 5.
Ordinance No. 2023-__, Page 3
SECTION 5
The ratemaking treatment for pensions and retiree medical benefits in Atmos Mid -Tex’s
next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein.
SECTION 6
Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in
processing the Company’s 2023 RRM filing.
SECTION 7
To the extent any resolution or ordinance previously adopted by the Town is inconsistent
with this Ordinance, it is hereby repealed.
SECTION 8
The meeting at which this Ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 9
If any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional
or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this
Ordinance, and the remaining provisions of this Ordinance shall be interpreted as if the offending
section or clause never existed.
SECTION 10
Consistent with the Town ordinance that established the RRM process, this Ordinance
shall become effective from and after its passage with rates authorized by attached tariffs to be
effective for bills rendered on or after October 1, 2023.
SECTION 11
A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice
President of Rates and Regulatory Affairs, Atmos Energy Corporation, Mid-Tex Division, 5420
LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to
ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin,
Texas 78701.
PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas, on this
the 22nd day of August, 2023.
APPROVED:
___________________________________
David F. Bristol, Mayor
Page 29
Item 5.
Ordinance No. 2023-__, Page 4
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM:
_______________________________
Terrence S. Welch, Town Attorney
Page 30
Item 5.
Ordinance No. 2023-__, Page 5
ATTACHMENT 1
Page 31
Item 5.
Ordinance No. 2023-__, Page 6
ATTACHMENT 2
Page 32
Item 5.
Page 33
Item 5.
Page 34
Item 5.
Page 35
Item 5.
Page 36
Item 5.
Page 37
Item 5.
Page 38
Item 5.
Page 39
Item 5.
Page 40
Item 5.
Page 41
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Re: CoServ Gas Rate Suspension
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution suspending the September 1, 2023, effective date of a rate
request from CoServ Gas Ltd. for the maximum period allowed by law.
Description of Agenda Item:
On July 28, 2023, CoServ Gas, Ltd. (“CoServ”), pursuant to Subchapter C of Chapter 104 of the
Gas Utility Regulatory Act, filed its Statement of Intent to change gas rates at the Railroad
Commission of Texas (“RRC”) and in all municipalities exercising original jurisdiction within its
service area, effective September 1, 2023.
CoServ is seeking to increase its annual revenues in incorporated areas by $10,314,726, which
is an increase of 7.5% including gas costs, or 27.3% excluding gas costs. CoServ is also
requesting: (1) new depreciation rates for distribution and general plant; (2) a prudence
determination for capital investment; (3) specification of the factors to be used in any Interim Rate
Adjustment Filing the Company makes pursuant to Texas Utilities Code § 104.302; and (4) a
surcharge on customer bills to recover the reasonable rate case expenses associated with the
filing of this statement of intent.
The resolution suspends the September 1, 2023, effective date of the Company’s rate increase
for the maximum period permitted by law to allow the Town, working in conjunction with other
similarly situated cities with original jurisdiction served by CoServ, to evaluate the filing, to
determine whether the filing complies with the law, and if lawful, to determine what further strategy,
including settlement, to pursue.
State law provides that a rate request cannot become effective until at least 35 days following the
filing of the application to change rates. The law permits the Town to suspend the rate change for
90 days after the date the rate change would otherwise be effective. If the Town fails to take
some action regarding the filing before the effective date, CoServ’s rate request is deemed
approved.
Budget Impact:
There is no budgetary impact affiliated with this item.
TOWN ATTORNEY
Page 42
Item 6.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached resolution as to form
and legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
The Town Attorney recommends that the Town Council approve a resolution suspending the
September 1, 2023, effective date of a rate request from CoServ Gas Ltd. for the maximum period
allowed by law.
Proposed Motion:
I move to approve a resolution suspending the September 1, 2023, effective date of a rate request
from CoServ Gas Ltd. for the maximum period allowed by law and to cooperate with other similarly
situated municipalities in reviewing the CoServ rate request.
Page 43
Item 6.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUSPENDING THE SEPTEMBER 1, 2023, EFFECTIVE DATE OF
COSERV GAS, LTD.’S REQUESTED RATE CHANGE TO PERMIT THE TOWN
TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH OTHER MUNICIPALITIES IN THE
COSERV SERVICE AREA, TO HIRE LEGAL AND CONSULTING SERVICES
AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF THE
STEERING COMMITTEE OF MUNICIPALITIES SERVED BY COSERV GAS’
RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about July 28, 2023, CoServ Gas, Ltd (“CoServ” or “Company”),
pursuant to Gas Utility Regulatory Act § 104.102 filed with the Town of Prosper (“Town”) a
Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within
its service area, effective September 1, 2023; and
WHEREAS, the Town is a gas utility customer and a regulatory authority under the Gas
Utility Regulatory Act (“GURA”) and under Chapter 104, § 104.001 et seq. of GURA has exclusive
original jurisdiction over CoServ’s rates, operations, and services within the Town; and
WHEREAS, in order to maximize the efficient use of resources and expertise, it is
reasonable for the Town to cooperate with other municipalities in conducting a review of the
Company’s application and to hire and direct legal counsel and consultants and to prepare a
common response and to negotiate with the Company and direct any necessary litigation; and
WHEREAS, it is not possible for the Town to complete its review of CoServ’s filing by the
September 1, 2023, effective date proposed in CoServ’s Statement of Intent; and
WHEREAS, the Town will need an adequate amount of time to review and evaluate
CoServ’s rate application to enable the Town to adopt a final decision as a local regulatory
authority with regard to CoServ’s requested rate increase; and
WHEREAS, GURA § 104.107 grants local regulatory authorities the right to suspend the
effective date of proposed rate changes for ninety (90) days; and
WHEREAS, GURA § 103.022 provides that costs incurred by municipalities in ratemaking
activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct legislative determinations of the
Town of Prosper, Texas, and are hereby approved and incorporated into the body of this
Resolution as if copied in their entirety.
Page 44
Item 6.
Resolution No. 2023-xx, Page 2
SECTION 2
The September 1, 2023, effective date of the rate request submitted by CoServ on July
28, 2023, shall be suspended for the maximum period allowed by law to permit adequate time to
review the proposed changes and to establish reasonable rates.
SECTION 3
The Town is authorized to cooperate with other municipalities in the CoServ service area,
CoServ Gas Cities, and subject to the right to terminate employment at any time, hereby
authorizes the hiring of Thomas L. Brocato of the law firm of Lloyd Gosselink Rochelle and
Townsend, P.C. and consultants, to review CoServ’s filing, negotiate with the Company, make
recommendations to the Town regarding reasonable rates, and to direct any necessary
administrative proceedings or court litigation associated with an appeal of a rate ordinance and
the rate case filed with the Town or Texas Railroad Commission.
SECTION 4
The Town’s reasonable rate case expenses shall be reimbursed by CoServ.
SECTION 5
It is hereby officially found and determined that the meeting at which this Resolution is
passed is open to the public as required by law and the public notice of the time, place, and
purpose of said meeting was given as required.
SECTION 6
A copy of this Resolution shall be sent to CoServ, care of Charles D. Harrell, CoServ Gas
Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, and to Thomas L. Brocato, General
Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite
1900, Austin, TX 78701.
SECTION 7
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 22ND DAY OF AUGUST, 2023.
___________________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
Page 45
Item 6.
Resolution No. 2023-xx, Page 3
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 46
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: Vector Solutions Training Management and Scheduling Agreement
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Agreement between Vector
Solutions and the Town of Prosper for online training management and scheduling applications.
Description of Agenda Item:
Vector Solutions, formerly Target Solutions, is the incumbent vendor providing online training and
record management services for the fire department. The previous selection of Vector Solutions
was based on their level of service and their strong track record. Our current agreement will expire
on September 30, 2023. Prosper Fire Rescue needs to renew our service agreement with Vector
Solutions. This agreement will add the personnel scheduling component to manage our work
schedules, staffing, and payroll reports as well as to consolidate services. The department will not
be renewing the agreement with our current scheduling component vendor, Aladtec.
Budget Impact:
Year one is quoted at $18,533.00 to include annual and one-time costs and is based off our current
number of personnel. Years 2 and 3 is quoted at $17,650.68 to include our current personnel
numbers. If additional personnel are approved, the rates would be adjusted to the prices quoted
per the agreement. This agreement will be funded from account 100-5480-30-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Vector Solutions Service Agreement
Town Staff Recommendation:
Town Staff recommends the Town Council approve authorizing the Town Manager to execute an
Agreement between Vector Solutions and the Town of Prosper for online training management
and scheduling applications.
FIRE DEPARTMENT
Page 47
Item 7.
Page 2 of 2
Proposed Motion:
I move to approve authorizing the Town Manager to execute an Agreement between Vector
Solutions and the Town of Prosper for online training management and scheduling applications.
Page 48
Item 7.
Quote ID
Q-279203
Valid Until
Thursday, August 31, 2023
Contact Name
Heather Keith
Page 1
Public Sector SaaS Rev. U (Issued 02.02.2022)
TargetSolutions Learning, LLC Agreement
Schedule A
Date: Tuesday, August 1, 2023
Client Information
Client Name: Prosper Fire Rescue (TX)
Address:
911 Safety Way
Prosper, TX 75078
Primary Contact Name:
Shaw Eft
Primary Contact Phone:
972.347.2424
Agreement Term
Effective Date: 10/01/2023 Initial Term: 36 months
Invoicing Contact Information (Please fill in missing information)
Billing Contact Name: Prosper Fire Rescue Accounts Payable
Billing Address:
911 Safety Way
Prosper, Texas 75078
Billing Phone:
Billing Email:
ap@prospertx.gov
PO#: Billing Frequency:
Annual
Payment Terms:
Net 30
Annual Fee(s)
Product
Code Product Description
Minimum
Annual
Commitment
Price Sub Total
TSPREMIER
Vector LMS,
TargetSolutions Edition
Premier Membership
Training management
for public entities and
professionals
79 $95.85 $7,572.15
TSMAINTFEE
S
Vector LMS,
TargetSolutions Edition
-Maintenance Fee
Annual maintenance of
Vector LMS,
TargetSolutions Edition
1 $350.00 $350.00
TSEVAL Vector Evaluations+Vector Evaluations+ for
web and mobile 72 $28.24 $2,033.28
TSSCH Vector Scheduling Vector Scheduling for
web and mobile 79 $92.83 $7,333.57
TSSCHMF Vector Scheduling -
Maintenance Fee
Annual maintenance of
Vector Scheduling 1 $164.00 $164.00
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Item 7.
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Public Sector SaaS Rev. U (Issued 02.02.2022)
Annual Total::$17,650.68
One-Time Fee(s)
Product
Code Product Description Qty Price Sub Total
SCHIMP
Vector Scheduling
Implementation
Investment
Implementation
investment for Vector
Solutions Scheduling
Platform
1 $1,080.00 $1,080.00
One-Time Total: $1,080.00
Grand Total (including Annual and One-Time): $18,533.00
Please note this is not an invoice. An invoice will be sent within fourteen (14) business days.
Additional Terms and Conditions.
The following are in addition to the Client Agreement General Terms and Conditions.
1.Additional Named Users added after the Effective Date will be invoiced at the full per Named User fee. Such
additional Named Users shall become part of the Minimum Annual Commitment for subsequent years, on the
anniversary date of each contract year or upon renewals under the Agreement.
2.You agree to pay for the number of Named Users using or licensed to access the Services in a given contract
year. Subject to the Minimum Annual Commitment, Changes in Named User counts will be reflected in the
annual contract amount from that period forward for all Users.
3.Subject to the above Minimum Annual Commitment, annual fees for your use of the Services will be based
upon the number of Named Users in a given contract year.
4.Named Users deactivated in a given contract year will not count towards the total number of Named Users in
the year following such deactivation, unless reactivated.
5.Fees, both during the Initial Term, as well as any Renewal Terms, shall be increased by 5% per contract year.
Changes in Named User counts will be reflected in the annual contract amount from that period forward for
all Users.
6.All undisputed invoices are due and payable Net 30 days after invoice date (“Due Date”). Any fees unpaid for
more than 10 days past the Due Date shall bear interest at 1.5% per month or the highest applicable rate
permitted by law.
7.AUTOMATIC RENEWAL. UNLESS OTHERWISE AGREED OR WHERE PROHIBITED BY APPLICABLE
LAW OR REGULATION, UPON EXPIRATION OF THE ABOVE INITIAL TERM, THIS AGREEMENT WILL
RENEW FOR A RENEWAL TERM EQUAL TO TH E INITIAL TERM AT VECTOR SOLUTIONS’ THEN
CURRENT FEES, UNLESS NOTICE IS GIVEN BY EITHER PARTY OF ITS INTENT TO TERMINATE THE
AGREEMENT AT LEAST SIXTY (60) DAYS PRIOR TO THE SCHEDULED TERMINATION DATE.
Address for Notices:
4890 W. Kennedy Blvd., Suite 300
Tampa, FL 33609
911 Safety Way
Prosper, TX 75078
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Item 7.
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VECTOR SOLUTIONS PUBLIC SECTOR SOFTWARE AS A SERVICE AGREEMENT
This Vector Solutions Software as a Service Agreement (the “Agreement”), effective as of the date noted in the attached
Schedule A (the “Effective Date”), is by and between TargetSolutions Learning, LLC, d/b/a Vector Solutions, (“We/Us””) a
Delaware limited liability company, and the undersigned customer (“You/Your”), (each a “Party” or “Parties) and governs the
purchase and ongoing use of the Services described in this Agreement.
GENERAL TERMS AND CONDITIONS
1.SERVICES. We shall provide the following Software as a Service (“Services”):
1.1. Access and Use. We grant You a non-exclusive, non-transferable revocable authorization to remotely access and use the
software as a service offering identified in Schedule A (the “Services”) and, unless prohibited by law, We will provide access to
any persons You designate for use as described in these terms and conditions. For clarification, We authorize access and use
on a “one user per one authorization basis” and once granted, You are not allowed to transfer authorizations to other users.
Your ability to use the Services may be affected by minimu m system requirements or other factors, such as Your Internet
connection.
1.2. Availability. We will use commercially reasonable efforts to provide access to and use of the Services twenty-four (24) hours
a day, seven (7) days a week, subject to scheduled downtime for routine maintenance, emergency maintenance, system
outages, and other outages beyond our control.
1.3. Help Desk. We will assist You as needed on issues relating to usage via e-mail, and a toll-free Help Desk five (5) days per
week, at scheduled hours, currently 8:00am to 6:00 pm Eastern Time, Monday -Friday or
https://support.vectorsolutions.com/s/contactsupport
1.4. Upgrades and Updates. We reserve the right, in our discretion, to make updates or upgrades to the Services that are
necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of the Services; (ii) the competitive strength of or
market for the Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law. For no additional
charge, You will receive access to any general upgrades and updates to the Services which We make generally available to our
other customers. All updates and upgrades to the Services are subject to these terms and conditions.
1.5 Additional Services. From time to time, the Parties may decide in their discretion to add additional Services, subject to the
Parties’ execution of one or more change forms which shall be substantially in the form of the Schedule A and shall incorpora te
these terms and conditions by reference. Each individual Schedule A shall have its own service term.
2.YOUR RESPONSIBILITIES AND USE RESTRICTIONS.
2.1. Compliance. You shall be responsible for all Users’ compliance with this Agreement and shall use commercially reasonable
efforts to prevent unauthorized access to or use of the Services . You shall comply with all applicable laws, standards, and
regulations and will not use the Services in a manner not specified or permitted by Us.
2.2. Identify Named Users. A “Named User” is defined as Your employees, consultants, contractors, and agents You authorize
to access and use the Services You are purchasing during each contract year (“Term”) of the Agreement.
2.2.1. You will be responsible for the following: (a) cause each of Your Named Users to complete a unique profile if not created
by Vector Solutions on their behalf; and (b) timely maintain a user database by adding a unique profile for each new Named
User. Due to licensing and data retention requirements, Named Users may not be removed from our system unless required by
law. You will be responsible for identifying Named Users from time to time during the Term of this Agreement through available
system capabilities.
2.3. Future Functionality. You agree that Your purchases are not contingent on Our delivery of any future functionality or
features. You are not relying on any comments regarding future functionality or features.
3. FEES AND PAYMENTS.
3.1. Fees and Payment. You will pay for the Services in accordance with the payment terms, frequency, and fee schedule in
Schedule A attached to this Agreement. All fees collected by Us under this Agreement are fully earned when due and
nonrefundable when paid, except if You terminate this Agreement for cause as described in Section 5.2.
3.2. Due Date. All fees due under this Agreement must be paid in United States Dollars or Canadian Dollars or as specified in
Schedule A as applicable to Your location. We will invoice You in advance and all undisputed invoices are due and payable on
the due date specified in Schedule A.
3.3. Suspension of Service. If You do not make an undisputed payment on time, We may suspend Your or Your Named Users’
access to the Services without further notice until all overdue payments are paid in full. Our suspension of Your use of the
Services or termination of the Agreement for Your violation of the terms of this Agreement will not change Your obligation to pay
any and all payments due for the applicable Term.
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3.3.1. We may also suspend, terminate, or otherwise deny Your access or any Named User’s access to or use of all or any part
of the Services, without incurring any liability to You, if: (a) We receive a judicial or other governmental demand or order,
subpoena, or law enforcement request that expressly or by reasonable implication requires Us to do so; or (b) We believe, in
good faith and reasonable discretion, that: (i) You or any Named User , have failed to comply with any term of this Agreement,
or accessed or used the Services beyond the scope of the rights granted , or for a purpose not authorized under this Agreement;
or (ii) Your use of the Services causes a direct or indirect threat to our network function or integrity, or to Our other customers'
ability to access and use the Services; or (iii) You or any Named User, are or have been involved in any fraudulent, misleading,
or unlawful activities relating to or in connection with any of the Services; or (iv) this Agreement expires or is terminated. This
Section 3.3 does not limit any of Our other rights or remedies under this Agreement.
3.4. Taxes. All fees under this Agreement exclude all sales, use, value-added taxes, and other taxes and government charges,
whether Federal, State, or foreign, and You will be responsible for payment of all such taxes (other than taxes based on our
income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees un der
this Agreement including the access to or performance of the Services hereunder. If We have a legal obligation to pay or col lect
taxes for which You are responsible under the Agreement, then then We will invoice, and You will pay the appropriate amoun t
unless You claim tax exempt status for amounts due under this Agreement and provide Us with a valid tax exemption certificate
(authorized by the applicable governmental authority) promptly upon execution of this Agreement. If any taxes shall be requir ed
by law to be deducted or withheld from any fee payable hereunder by You to Us, You shall, after making the required deduction
or withholding, increase such fee payable as may be necessary to ensure that We shall receive an amount equal to the fee We
would have received had no such deduction or withholding been made.
4.INTELLECTUAL PROPERTY RIGHTS.
4.1. We alone (and our licensors, where applicable) shall own all rights, title, and interest in and to our software, websit e and
technology, the course content (if any), and the Services We provide, including all documentation associated with the Services.
If You provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by
You (collectively “Feedback”), We may use such Feedback to improve the Services without charge, royalties, or other obligation
to You, and Our use of Your Feedback does not give You any property rights to the Services.
The Vector Solutions name and logo are trademarks of Vector Solutions, and no right or license is granted to You to use them.
You shall own all rights, title, and in terest in and to Your added software, Your content, and information collected from Your
content pages (“Your Data”). You shall have no rights in or to any other data collected that is not affiliated with You. Your
content, email addresses, and personal information of Your Named Users or Your EHS Active Employees You entered into the
database, or any of Your customers or users is Your sole property. We will not, at any time, redistribute, share, or sell any of
Your email addresses, email server domain names, customer names, or personal information. Course content that You purchase
from third-party course providers and access through our LMS will require the sharing of certain user information with Us in
order for Us to properly track and report usage.
4.2. You recognize that We regard the software We have developed to deliver the Services as ou r proprietary information and
as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form the softwar e or
Services, or any portion thereof, to any person other than Your Named Users without our prior written consent. You further agree
to treat the Services with at least the same degree of care with which You treat Your own confidential information and in no
event with less care than is reasonably required to protect the confidentiality of the Services.
4.2.1 Except as otherwise agreed in writing or to the extent necessary for You to use the Se rvices in accordance with this
Agreement, You are not allowed to: (a) copy the course content in whole or in part; (b) display, reproduce, create derivative
works from, transmit, sell, distribute, rent, lease, sublicense, transfer or in any way exploit the course content in whole or in par t;
(c) embed the course content into other products; (d) use any of our trademarks, service marks, domain names, logos, or other
identifiers or any of our third party suppliers; (e) reverse engineer, decompile, disassemble, or access the source code of any
of our Services or software, (f) use the software or Services for any purpose that is unlawful; (g) alter or tamper with the
Services and/or associated documentation in any way; (h) attempt to defeat any security measures that We may take to protect
the confidentiality and proprietary nature of the Services; (i) remove, obscure, conceal, or alter any marking or notice of
proprietary rights that may appear on or in the Services and/or associated documentation; or (j) except as permitted by this
Agreement, knowingly allow any individual or entity under Your control to access Services without authorization under this
Agreement for such access.
4.3. We acknowledge that You alone shall own all rights, title, and interest in and to Your name, trademarks, or logos, and this
Agreement does not give Us any rights of ownership to the same. You hereby authorize Us to use Your name, trademarks, or
logos in promotional materials, press releases, advertising, or in other publications or websites , whether oral or written. If You
do not consent to Our use of Your name or logo, You may withdraw Your consent at any time by notifying Us at
logousage@vectorsolutions.com.
5.TERM, TERMINATION, AND NOTICE.
5.1 Term. The term of this Agreement will start on the Effective Date, and will remain in full force and effect for the initial term
(the “Initial Term”) indicated in Schedule A. Upon expiration or early termination of this Agreement by either Party as described
below in Section 5.2 (Termination for Cause) or for any reason, You shall immediately discontinue all use of the Services and
documentation, and You acknowledge that We will terminate Your ability to access the Services. Notwithstanding, access to the
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Item 7.
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Public Sector SaaS Rev. U (Issued 02.02.2022)
Services may remain active for thirty (30) days solely for purpose of our record keeping (the “Expiration Period”). If You
continue to access or use the Services following the Expiration Period, then Your continued use will renew the Agreement under
the same terms and conditions, subject to any annual price adjustments.
5.2 Termination for Cause. Either Party may terminate this Agreement, effective upon written notice to the other Party (the
“Defaulting Party”), if the Defaulting Party materially breaches this Agreement, and that breach is incapable of cure, or with
respect to a material breach capable of cure, and the Defaulting Party does not cure the breach within thirty (30) days after
receipt of written notice of the breach. If You terminate this Agreement due to Our material breach, then We will return an amount
equal to the pro-rated fees already paid for the balance of the term as of the date of termination as Your only remedy.
5.3. Notice. All required notices by either Party shall be given by email, personal del ivery (including reputable courier service),
fees prepaid, or by sending the notice by registered or certified mail return receipt requested, postage prepaid, and addressed
as set forth in Schedule A. Such notices shall be deemed to have been given and delivered upon receipt or attempted delivery
(if receipt is refused), as the case may be, and the date of receipt identified by the applicable postal service on any retur n receipt
card shall be conclusive evidence of receipt. Notices and other communications sent by e-mail shall be deemed received upon
the sender's receipt of an acknowledgment from the recipient (such as by the "return receipt requested" function, as availabl e,
return e-mail or other written acknowledgment). Either Party, by written notice to the other as described above, may alter its
address for written notices.
6.MUTUAL WARRANTIES AND DISCLAIMER.
6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that: (a) it is duly
organized, validly existing, and in good standing as a corporation or other entity under the Laws of the jurisdiction of its
incorporation or other organization; (b) it has the full right, power, and authority to enter into and perform its obligations and
grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the acceptance
of this Agreement has been duly authorized by all necessary corporate or organizational action ; and (d) when executed and
delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of each Party, enforceable against
each Party in accordance with its terms.
6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE. THE SERVICES AND ASSOCIATED DOCUMENTATION ARE PROVIDED “AS IS,” AND WE PROVIDE NO OTHER
EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES REGARDING THE SERVICES OR ASSOCIATED
DOCUMENTATION.
6.3. Disclaimer of Third-Party Content. If You upload third-party content to our platform or Services, the third- party content
providers are responsible for ensuring their content is accurate and compliant with national and international laws. We are not
and shall not be held responsible or liable for any third-party content You provide or Your use of that third-party content. THERE
IS NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIRD PARTY CONTENT
ACCESSIBLE THROUGH THE SERVICES.
6.4 None of our employees, marketing partners, resellers, or agents are authorized to make any warranty other than the
Warranties stated in this Agreement. The provisions in any specification, brochure, or chart are descriptive only and are no t
warranties.
7.LIMITATION OF LIABILITY. EXCEPT FOR CLAIMS RELATED TO VIOLATION OF INTELLECTUAL PROPERTY RIGHTS,
GROSS NEGLIGENCE, FRAUD, OR WILFULL MISCONDUCT, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO
THE OTHER PARTY, ANY AFFILIATE, THIRD-PARTY, OR YOUR USERS, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, AND (B) IF YOU HAVE
ANY BASIS FOR RECOVERING DAMAGES (INCLUDING FOR BREACH OF THIS AGREEMENT), YOU AGREE THAT YOUR
EXCLUSIVE REMEDY WILL BE TO RECOVER DIRECT DAMAGES FROM US, UP TO AN AMOUNT EQUAL TO THE TOTAL
FEES ALREADY PAID TO US FOR THE PRECEDING TWELVE (12) MONTHS.
7.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM,
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, ANY AFFILIATE, ANY THIRD PARTY OR YOUR USERS
FOR ANY CLAIM, CAUSE OF ACTION, DEMAND, LIABILITY, DAMAGES, AWARDS, FINES, OR OTHERWISE, ARISING
OUT OF OR RELATING TO PERSONAL INJURY, DEATH, OR OTHER HARM CAUSED FROM USE OF OR RELIANCE ON
THE CONTENT OF THE COURSES OR SERVICES. YOU, YOUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS,
USERS, AND REPRESENTATIVES RELY ON THE CONTENT OF THE COURSES AND SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES SO,
SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
8.OBLIGATIONS OF BOTH PARTIES.
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8.1. Our Obligation to You. We shall indemnify and hold You harmless from any and all claims, damages, losses, and expenses,
including but not limited to reasonable attorney fees, arising out of or resulting from any third -party claim that any document,
course, or intellectual property We provide or upload to our platform infringes or violates any intellectual property right of any
person.
8.2. Your Obligation to Us. To the extent not prohibited by applicable law, You shall indemnify and hold Us harmless from any and all claims,
damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third-party claim that
any document, courses, or intellectual property You provide or upload to our platform infringes or violates any intellectual property right of any
person.
9.CONFIDENTIALITY.
9.1. Each Party may from time to time disclose to the other Party “Confidential Information” which shall mean and include the
Services (including without limitation all courses accessed through the Services), all documentation associated with the
Services, software code (include source and object code), marketing plans, technical information, product development plans,
research, trade secrets, know-how, ideas, designs, drawings, specifications, techniques, programs, systems, and processes.
9.2. Confidential Information does not include: (a) information generally available to or known to the public through no faul t of
the receiving Party; (b) information known to the recipient prior to the Effective Date of the Agre ement; (c) information
independently developed by the recipient outside the scope of this Agreement and without the use of or reliance on the disclo sing
Party’s Confidential Information; or (d) information lawfully disclosed by a third party. The obligations set forth in this Section
shall survive termination of this Agreement.
9.3. Each Party agrees that it shall not disclose the Confidential Information of the other to any third party without the express
written consent of the other Party, that it shall take reasonable measures to prevent any unauthorized disclosure by its
employees, agents, contractors or consultants, that it shall not make use of any such Confidential Information other than for
performance of this Agreement, and that it shall use at least the same degree of care to avoid disclosure of Confidential
Information as it uses with respect to its own Confidential Information.
9.4. The confidentiality obligations imposed by this Agreement shall not apply to information required to be disclosed by
compulsory judicial or administrative process or by law or regulation, provided that the receiving Party shall (if permitted) notify
the disclosing Party of the required disclosure, shall use reasonable measures to protect the confidentiality of the Confidential
Information disclosed, and shall only disclose as much Confidential Information as is required to be disclosed by the judicia l or
administrative process, law, or regulation.
10.MISCELLANEOUS.
10.1. Assignment. Neither Party may freely assign or transfer any or all of its rights without the other Party’s consent , except to
an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of i ts assets,
provided however You shall not assign this Agreement to our direct competitors.
10.2. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the laws of the state of Florida,
except where Customer is a public entity or institution in which case the applicable state, provincial, or tribal law where You are
located shall govern, in either case without regard to the state’s or local laws conflicts of laws provisions. If You are purchasing
goods under this Agreement, the Parties agree that the United Nations Convention on Contracts for the International Sale of
Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods shall not apply to this
Agreement. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A
TRIAL BY JURY IN ANY ACTION ARISING HEREUNDER.
10.3. Export Regulations. All Content and Services and technical data delivered under this Agreement are subject to applicable
US and Canadian laws and may be subject to export and import regulations in other countries. Both Parties agree to comply
strictly with all such laws and regulations and You knowledge that You are responsible for obtaining such licenses to export, re-
export, or import as may be required after delivery.
10.4. Force Majeure. In no event will either Party be liable or responsible to the other Party or be deemed to have defaulted
under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except fo r any
obligations to make payments) when and to the extent such failure or delay in performing is due to, or arising out of, any
circumstances beyond such Party’s control (a “Force Majeure Event”), including, without limitation, acts of God, strikes,
lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, compute r virus, governmental
laws, regulations, or shutdown, national or regional shortage of adequate power or telecommunications, or other restraints.
10.5. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by
the Parties.
10.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such
provision shall be of no force or effect, but the remainder of this Agreement shall continue in full force and effect.
10.7. Survival. All provisions of this Agreement (including without limitation those pertaining to confidential information,
intellectual property ownership, and limitations of liability) that would reasonably be expected to survive expiration or ear ly
termination of this Agreement will do so.
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10.8. No Third-Party Beneficiaries. The Parties do not intend to confer any right or remedy on any third party under this
Agreement.
10.9. Purchase Orders. You may issue a purchase order if required by Your company or entity and failure to do so does not
cancel any obligation You have to Us. If You do issue a purchase order, it will be for Your convenience only. You agree that the
terms and conditions of this Agreement shall control. Any terms or conditions included in a purchase order or similar document
You issue that conflict with the terms and conditions of this Agreement will not apply to or govern the transaction resulting from
Your purchase order.
10.10. Data Processing Agreement. If applicable, the parties shall negotiate in good faith and enter into any further data
processing or transfer agreement, including any standard contractual clauses for transfers of data outside of the country whe re
the personal data originates, as may be required to comply with applicable laws, rules and regulations regarding the collection,
storage, transfer, use, retention and other processing of personal data.
10.11. Entire Agreement. This Agreement and Schedule A represent the entire understanding and agreement between the
Parties, and supersedes all other negotiations, proposals, understandings, and representations (written or oral) made by and
between You and Us. You acknowledge and agree that the terms of this Agreement are incorporated in, and are a part of, each
purchase order, change order, or Schedule related to our provision of Services. This Agreement prevails over any additional or
conflicting terms or conditions in any Customer purchase orders, online pro curement terms, or other non-negotiated forms
relating to the Services or this Agreement hereto even if dated later than the effective date of this Agreement.
SPECIAL TERMS AND CONDITIONS
CALIFORNIA CONSUMER PRIVACY ACT
If We will be processing personal information subject to the California Consumer Privacy Act, sections 1798.100 to 1798.199,
Cal. Civ. Code (2018) as may be amended as well as all regulations promulgated thereunder from time to time (“CCPA”), on
Your behalf in the course of the performance of the Services, then the terms “California consumer,” “business purpose,”
“service provider,” “sell” and “personal information” shall carry the meanings set forth in th e CCPA.
CCPA Disclosures: To the extent the CCPA applies to our processing of any personal information pursuant to Your
instructions in relation to this Agreement, the following also apply: (a) The Parties have read and understand the provisions
and requirements of the CCPA and shall comply with them; (b) It is the intent of the Parties that the sharing or transferring of
personal information of California consumers from You to Us, during the course of our performance of this Agreement, does
not constitute selling of personal information as that term is defined in the CCPA, because You are not sharing or transferring
such data to Us for valuable consideration; (c) We will only use personal information for the specific purpose(s) of performi ng
the Services, including any Schedules within the direct business relationship with You.
SERVICE SPECIFIC TERMS AND CONDITIONS
A. Vector EHS Management Services
A. This Section A contains service specific terms and conditions that will apply only if You are purchasing Vector EHS
Management Services (“EHS Services”) in Schedule A. Otherwise, the following terms will not apply to You.
1.An “EHS Active Employee” is defined as Your employees, consultants, contractors, and agents who are contained in
the Vector EHS employee and contractor table with an active status. An employee may or may not be a Named User. For
EHS Services, You are allowed a Named User for each EHS Active Employee.
2.You will be able to activate or disable employees without incurring additional EHS Active Employee fees as long as the
total number of EHS Active Employees does not exceed the number of employees included in Scheduled A.
3.EHS Active Employees added after the Effective Date in Schedule A shall be billed at the full per employee fee. Such
additional EHS Active Employees shall become part of the Minimum Annual Commitment for subsequent years, on the
anniversary date of each contract year or upon renewals under the Agreement.
4. You agree to pay for the number of EHS Active Employees in the EHS Services in a given contract year.
5.Subject to the Minimum Annual Commitment, if any, set forth in Schedule A, annual fees for Your use of the Services will
be based upon the actual number of EHS Active Employees in a given contract year. Employees inactivated in a given
contract year will not count towards the total number of employees in the year following such inactivation, unless reactivate d.
6. You acknowledge that certain transmissions You receive as part of the EHS Services may contain sensitive personal
information that You have provided. You understand that We do not control or own the data contained in such transmissions.
As such, You will be responsible for ensuring that the information is secured and preventing the transmission and/or
disclosure of such information to unauthorized recipient(s). In the event such information is disclosed to an unauthorized
recipient(s), You shall be responsible for notifying Your EHS Active Employee(s) whose information may have been disclosed
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to the extent required by law. Both Parties further agree to handle such data in compliance with any applicable Federal, Stat e,
or local laws or regulations. You shall also be responsible for any threatening, defamatory, obscene, offensive, or illegal
content or conduct of any of Your EHS Active Employees when using the Services. To the extent not prohibited by applicable
law, You shall indemnify, defend, and hold Us harmless against any claims that may arise as a result of these matters. With
respect to Your use of the EHS Services, You acknowledge that We are not a covered entity or business associate under
HIPAA.
B. Vector WorkSafe Services and Vector LiveSafe Services
This Section B. contains service specific terms and conditions that will apply only if You are purchasing Vector WorkSafe
Services or Vector LiveSafe Services (collectively “LiveSafe Services”) in Schedule A. Otherwise, the following terms
will not apply to You.
1.Authorized Users. Authorized Users (interchangeably may be referred to as “Named Users” means the employees,
contractors and/or consultants under Your control who You authorized to operate the LiveSafe Services .
2.Your Responsibilities. You shall: (i) not permit any person or entity, other than designated Authorized Users, to access the
LiveSafe Services; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the LiveSafe Services ,
(iii) provide prompt written notice of any unauthorized access or use; and (iv) instruct Authorized Users to comply with all
applicable terms of this Agreement.
3.Your Data. You agree that We may only use data collected, extracted or received through Your use of the Services (“Your
Data”) in an anonymized and aggregated manner (without specifically identifying You, Your users or Your location(s)) for the
sole purpose of reporting LiveSafe Services metrics, training and education about the LiveSafe Services, and improving the
LiveSafe Services (except as may be required by law, court order, or as needed to provide the Services to You). Your Data
shall not include any information collected, extracted, or received in response to the WorkSafe Integrated Health Survey.
Within thirty (30) business days following Your written request, a nd not more than four (4) times per year or upon termination
of this Agreement, We will provide to You a backup copy of Your Data in Our possession.
C. Vector Evaluations+ Services.
This Section C. contains service specific terms and conditions that will apply only if You are purchasing Vector Evaluations+
Software as a Service in Schedule A. Otherwise, the following terms will not apply to You.
1.Access and Use. We will provide You a nonexclusive, non-transferable, revocable authorization to remotely access and
use the Vector Evaluations+ Software as a Service: (i) on Our application server over the Internet, (ii) transmit data relate d to
Your use of the Service over the Internet, and (iii) download and use the Evals + mobile device application software (referred
to collectively as “Evals+ Services”). We will provide accounts for Your users on the application server for storage of data
and use of the Service. The number of Named Users, start of service, and duration, are as stated in Schedule A.
2.If Your active user accounts exceed the number of Named Users during the term of this Agreement, You agree to pay for
the additional Users, based on the per User fees in Schedule A. Adjusted fees will apply beginning on the month the number
of Named Users are exceeded and will be prorated for the remainder of the current 12 -month period. You agree to pay for
the number of Users using or authorized to access the Services in a given contract year.
3.Your Content. You will be the owner of all content created and posted by You. You will also be the owner of all content
created and posted by Us on Your behalf, including but not limited to evaluation forms added to the syste m as part of support
services We provide.
4.Third-Party Content. You are responsible for proper licensing of, and assuming liability for, copyrighted material which You
post on Our system, or is posted on the system by Us on Your behalf. This includes bu t is not limited to copyright protected
evaluation forms and other materials from third parties. If You upload third -party content to Our platform, such third-party
content providers are responsible for ensuring their content is accurate and compliant with national and international laws.
5.Effect of Termination. You will have thirty (30) days after the effective date of termination or expiration of this Agreement
to export Your data using the software tools provided, or to request Your data from Us. Form data will be available as exported
comma separated variable (CSV) files and as PDF files. Uploaded data files will be available in their original format. Afte r
the thirty (30) day period, We have no obligation to maintain or provide data and may there after delete or destroy all copies
of the Your data, unless legally prohibited.
D. Vector CheckIT™.
Customer Obligations. When purchasing Vector CheckIT™, You will identify stations, vehicles, drug safes, and other service
specific details, as may be applicable.
E.Vector LMS and Services which include access to the Shared Resource Feature.
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Public Sector SaaS Rev. U (Issued 02.02.2022)
If You choose to participate by uploading Your information to the shared resource sections of our website, You hereby
authorizes Us to share any intellectual property you own (“User Generated Content”) that Your Users upload to the shared
resources section of our website with our third-party customers and users that are unrelated to you (“Our Other Customers”);
provided that We must provide notice to Your users during the upload process that such User Generated Content will be
shared with Our Other Customers.
F. Casino Services.
When purchasing Casino Services, in addition to the Responsibilities and Restrictions in Section 2 of the General Terms and
Conditions above, the following shall apply to You:
You must request Our written approval for third party access to the Services or content. Your request for third-party access
shall include the third party’s names, company, and contact information. Upon Our request, You shall execute a written
agreement with the third party, securing for Us the rights provided in this Section, Section 4 (Intellectual Property Rights),
and Special Section 1 (Confidentiality) prior to providing access to Our Software, Services or Content under this Agreement.
Use Restrictions. You shall not: (a) transmit or share the course content, with any persons other than authorized users (b)
provide or otherwise make available the course content in whole or in part, in any form to any person without Our prior writt en
consent; (c) transmit or share identification or password codes to persons other tha n authorized users (d) permit the
identification or password codes to be cached in proxy servers, (e) permit access by individuals who are not authorized under
this Agreement, or (f) permit access to the software through a single identification or password code being made available
to multiple users on a network.
G. Guardian Tracking.
Size Restrictions. You are expected to make reasonable efforts to reduce the file size of attachments before uploading them
to Guardian (For example, converting .tiff file to .jpeg or using reduced size .pdf files). In the unlikely event that the average
size of attachments, across all incidents, exceeds 1MB We may contact You to assist in implementing a strategy to reduce
file sizes. Any single attachment will be limited to 50MB in size.
Training. Your Guardian Tracking subscription includes up to 2 hours of administrator training and 2 hours of user training
(without regard to the number of users) every 12 months during the term of this Agreement at no additional fee. Training
services are available only upon Your request and must be scheduled at mutually agreed upon times by both parties. We
may provide additional training upon Your request and for a fee to be mutually agreed upon in writing by both parties.
The Parties have executed this Agreement by their authorized representatives as of the last date set forth below.
TargetSolutions, LLC d/b/a Vector Solutions Prosper Fire Rescue (TX)
3-84 Castlebury Crescent
Toronto, ON
911 Safety Way
Prosper, TX 75078
By: \ \s2\ By: \ \s1\
Printed Name: Brandi Howe Printed Name:
Title: Senior Director of Renewal Management Title:
Date: \ \d2\ Date: \ \d1\ 8/2/2023
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Page 58
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Mario Canizares, Town Manager
Robert B. Scott, Assistant Town Manager
Re: Fiber Network Connectivity
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a contract between Astound
Business Solutions and the Town of Prosper, Texas, related to establishing fiber network
connectivity from Town Hall to Fire Stations 2 & 3, pump station, and establishing fiber radio
system connectivity from Prosper to the City of Frisco.
Description of Agenda Item:
The contract associated with this item is for the construction and implementation of a fiber-backed
connectivity infrastructure enabling reliable, high-speed connectivity between Town Hall and Fire
Stations 2 & 3, pump station and from Prosper’s network infrastructure to the City of Frisco, for
the public safety radio system’s connectivity. An existing Town owned fiber connection currently
exists for Town Hall, EDC, Service Center, Police Station, and Central Fire Station. The contract
term is 96 months, with the ability for the Town to negotiate a lower monthly rate at the 60-month
anniversary. An upgrade to the Town Hall firewall will be required to support the additional
bandwidth Astound will provide. A cost breakdown is attached to this report.
Budget Impact:
The monthly recurring cost for the connections is $6,295.00 ($75,540.00 annually, $377,700.00
cost over 60 months, estimated cost of $516,300.00 over 96 months with the lower monthly rate
after 60 months taken into consideration) and will be charged to 100-5526-10-05 (Data Network).
The one-time firewall upgrade cost is $26,249.00 and will be charged to 100-6125-10-05 (Capital
Expense – Technology).
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. Participation in the cooperative purchasing programs allow
INFORMATION
TECHNOLOGY
Page 59
Item 8.
Page 2 of 2
our local government to purchase goods and services through the cooperative programs, while
satisfying all competitive bidding requirements. The Town will utilize TIPS Contract #230105 for
Technology Solutions Products and Services.
The Town of Prosper entered into interlocal agreements with the Texas Comptroller of Public
Accounts Cooperative Purchasing Program (formerly, Texas Building and Procurement
Commission). Participation in the program allows our local government to purchase goods and
services through the cooperative contract, DIR contracts included, while satisfying all competitive
bidding requirements. The Town will utilize DIR Contract # DIR-CPO-4458 for Data
Communication and Networking Equipment.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Cost Breakdown
2. Astound Service Order
3. Astound Master Services Agreement
Town Staff Recommendation:
Town Staff recommends authorizing the Town Manager to execute a contract between Astound
Business Solutions and the Town of Prosper, Texas, related to establishing fiber network
connectivity from Town Hall to Fire Stations 2 & 3, pump station, and establishing fiber radio
system connectivity from Prosper to the City of Frisco.
Proposed Motion:
I move to authorize the Town Manager to execute a contract between Astound Business Solutions
and the Town of Prosper, Texas, related to establishing fiber network connectivity from Town Hall
to various Town facilities and establishing fiber radio system connectivity from Prosper to the City
of Frisco.
Page 60
Item 8.
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8
One time (firewall)26,249.00$ -$ -$ -$ -$ -$ -$ -$
Estimated Monthly Cost 6,295.00$ 6,295.00$ 6,295.00$ 6,295.00$ 6,295.00$ 3,850.00$ 3,850.00$ 3,850.00$
Estimated Annual Total 101,789.00$ 75,540.00$ 75,540.00$ 75,540.00$ 75,540.00$ 46,200.00$ 46,200.00$ 46,200.00$
Astound Fiber Estimated Cost Breakdown
Page 61
Item 8.
SERVICE ORDER pg. 1
Astound Business Solutions, LLC / Town of Prosper 8/17/2023
PROPRIETARY AND CONFIDENTIAL
Service Order
This Service Order (this “Service Order”) is entered into as of the date of last signature below (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS,
LLC, a Delaware limited liability company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and the customer specified below (“Customer”). This
Service Order is made pursuant to and will be governed by that certain Master Services Agreement for Enterprise Services (the “MSA”) executed separately between Provider and
Customer. All capitalized terms used but not defined in this Service Order shall have the meanings given to them in the MSA. Affiliates of Astound Business Solutions, LLC include,
but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC.
CUSTOMER DBA CUSTOMER CONTACT NAME CUSTOMER CONTACT INFO
Town of Prosper
Leigh Johnson Office: 972-569-1150
Mobile:
Email: ljohnson@prospertx.gov
CUSTOMER BILLING ADDRESS ALTERNATIVE CUSTOMER CONTACT ALTERNATIVE CUSTOMER CONTACT INFO
Office:
Mobile:
Email:
CUSTOMER ACCOUNT NUMBER SERVICE ORDER REFERENCE NUMBER ACCOUNT SALES REP
0 - OP357144 Chris Cox - 772618
INITIAL SERVICE TERM SEGMENT
96 months Enterprise
Provider shall provide to Customer the services set forth below (each, a “Service”), at the location(s) set forth below (each, a “Service Site”), in exchange for the one-time, non-
recurring installation charge (“NRC”), and the monthly recurring service charges (“MRC”) set forth below:
PRODUCT LINE ITEM Z-LOC ADDRESS (PRIMARY) Z-LOC
DEMARC A-LOC ADDRESS A-LOC
DEMARC UNITS MRC /
UNIT
TOTAL
MRC
NRC /
UNIT
TOTAL
NRC
E-LAN 1 Gb , , , Cust Prem N/A
1 $1,035.00 $1,035.00 $0.00 $0.00
E-LAN 1 Gb 1140 S Teel Pkwy , Prosper,
TX 75078, USA
Cust Prem N/A Cust Prem 1 $695.00 $695.00 $0.00 $0.00
E-LAN 1 Gb 1500 E 1st St , Prosper, TX
75078, USA
Cust Prem N/A Cust Prem 1 $695.00 $695.00 $0.00 $0.00
/29 Static IP Block (5
Usable)
250 W 1st St , Prosper, TX
75078, USA
Cust Prem N/A
1 $30.00 $30.00 $0.00 $0.00
Page 62
Item 8.
SERVICE ORDER pg. 2
Astound Business Solutions, LLC / Town of Prosper 8/17/2023
PROPRIETARY AND CONFIDENTIAL
DIA 5 Gb 250 W 1st St , Prosper, TX
75078, USA
Cust Prem N/A
1 $2,295.00 $2,295.00 $0.00 $0.00
E-LAN 1 Gb 250 W 1st St , Prosper, TX
75078, USA
Cust Prem N/A
1 $695.00 $695.00 $0.00 $0.00
NOTE: If the Demarcation Point listed above for a Service Site is the MPOE, then Customer is responsible for providing
any necessary demarc extension / additional inside wiring to reach the Customer’s premises/suite.
TOTALS $5,445.00 $0.00
Note: The charges listed above do not include applicable taxes, fees and surcharges.
NOTES
Grande Communications Networks LLC - Vendor Contract 230105 (Technology Solutions Products and Services)
The Town of Prosper may renegotiate this agreement for a lower monthly cost to $3000 monthly after 60 months of this agreemen t.
Important Notice Regarding E911 Service. The telephone Services provided hereunder are provided by Provider’s Inte rnet Protocol voice network (aka “VoIP”). Federal
Communications Commission rules require that providers of VoIP phone services remind customers of these important E911 facts: (i) Provider needs a correct service site address
in order to deliver accurate location information to E911; (ii) If you move your VoIP phone equipment to a different physical address, you must call Provider immediately to update
the location information, otherwise E911 will not have your correct location information on file; (iii) VoIP services operate using the standard electrical power provided to the
service site, so unless you have arranged for a back -up power supply, the Services will be unavailable during a power outage; (iv) You may not be able to make E911 calls if there
is a power outage, network outage or other technical problems, or if your phone service is terminated or suspended. By signing below Customer indicates that Customer has
read and understands this notice regarding E911 service.
Page 63
Item 8.
SERVICE ORDER pg. 3
Astound Business Solutions, LLC / Town of Prosper 8/17/2023
PROPRIETARY AND CONFIDENTIAL
The submission of this Service Order to Customer by Provider does not constitute an offer. Instead, this Service Order will become effective only when both parties have signed
it. The date this Service Order is signed by the last party to sign it (as indicated by the date associated wi th that party’s signature) will be deemed the Effective Date of this
Service Order.
\as1\ \ocs1\
Authorized Customer Signature Authorized Provider Signature
\an1\ \ocn1\
Printed Name Printed Name
\at1\ \oct1\
Title Title
\ad1\ \ocd1\
Date Signed Date Signed
Delina Anderson
Director
08/17/2023
Page 64
Item 8.
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 1
Astound Business Solutions, LLC 01/30/2023
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER
This Master Services Agreement for Enterprise Services (this “MSA”) is entered into as of this ______ day of
, 2023 (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability
company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and
, a (“Customer”). For purposes of this MSA, the
term “Affiliate” shall mean any other person which directly, or indirectly through one or more intermediaries, controls, or is
controlled by, or is under common control with, the first person or any of its subsidiaries. Affiliates of Astound Business Solutions,
LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave
Business Solutions, LLC. Each of Provider and Customer may be referred to in this MSA as a “Party” and together as the “Parties.”
ARTICLE 1 – STRUCTURE OF AGREEMENT
1.1 Purpose of MSA. Provider and its Affiliates provide various facilities-based telecommunications services, including
Ethernet transport, dedicated internet access, phone over fiber, dark fiber, and related services (as applicable, the “Services”).
This MSA is neither an agreement to purchase n or a commitment to provide Services. The purpose of this MSA is to provide the
general terms, conditions and framework within which Customer and its Affiliates may from time to time purchase Services from
Provider and its Affiliates, pursuant to one or more “Service Orders,” as described in Section 1.2 below.
1.2 Service Orders. The purchase of Services shall be accomplished only through the negoti ation and mutual execution and
delivery of a Service Order memorializing the terms and conditions pursuant to which Provider shall provide the desired Servi ces
to Customer. Service Orders shall clearly specify the following: (i) the type of Service at issue (e.g., Internet access, data transport,
VoIP, dark fiber, etc.); (ii) the location(s) at which the Service is to be provided (each, a “Service Site”); (iii) the initial term of the
Service Order (the “Initial Service Term”); (iv) the pricing for the Service, including (a) the monthly recurring charges (“MRC”) for
the Service, and (b) any non-recurring charges (“NRC”) associated with installation of the Service; and (v) any other terms or
conditions specific to the particular Service Order. Each fully-executed Service Order shall be governed by and become part of this
MSA, and this MSA together with all fully-executed Service Orders shall be collectively referred to as the “Agreement.” Depending
on the location of the Service Site, in some instances Services may be provided by an Affiliate of Provider.
1.3 Additional Documents Comprising Agreement; Order of Precedence. If one or more Service Level Agreements are
attached to this MSA as Exhibits (the “SLA”), the SLA constitutes a part of this MSA. Customer’s use of any Services purchased
pursuant to the Agreement will also be governed by Provider’s Acceptable Use Policy for Commercial Services (the “AUP”) which
is posted on Provider’s website at http://www.astound.com/business/aup. Additional provisions that are applicable only to
specific types of Services are contained in Provider’s Service-Specific Terms and Conditions (the “Service-Specific T&Cs”) which is
posted on Provider’s website at http://www.astound.com/business/service-terms. In the event of a conflict between the
provisions of any of the foregoing documents, the documents shall have the following order of precedence unless expressly stated
otherwise in a particular Service Order: (i) this MSA (including the SLA); (ii) the applicable Service Order; (iii) the AUP; and (iv) the
Service-Specific T&Cs.
ARTICLE 2 – TERM AND RENEWAL
2.1 Term of MSA. The term of this MSA (the “MSA Term”) shall be for five (5) years, commencing on the Effective Date and
expiring on the date that is one day prior to the fifth (5th) anniversary of the Effective Date. Notwithstanding the foregoing, so long
as any one or more Service Orders entered into pursuant to this MSA remain in effect, this MSA shall not terminate with respect
to said Service Orders but shall continue to govern same until the expiration or termination of said Service Orders.
2.2 Term of Service Orders. The Initial Service Term of each Service Order shall be as specified in the Service Order. Upon
expiration of the Initial Service Term, unless either Party terminates the Service Order by giving written notice of terminat ion to
the other Party not less than thirty (30) days prior to the end of the Initial Service Term, this Service Order will begin to
automatically renew on a month-to-month basis (the “Renewal Term”). During the Renewal Term, either Party may terminate
this Service Order by giving no less than thirty (30) days’ advance written notice of termination to the other Party. Written notice
of termination by Customer must be given to Provider by completing and submitting the online “Change of Service” form on the
Page 65
Item 8.
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 2
Astound Business Solutions, LLC 01/30/2023
Astound Business Solutions website located at http://www.astound.com/business/support/macd. The total period of time a
Service Order is in effect is referred to as the “Service Term” for the Service Order at issue.
ARTICLE 3 – INSTALLATION, TESTING, ACCEPTANCE AND USE
3.1 Service Site; Demarcation Points; Equipment. Unless a Service Site is within Provider’s control, Customer shall provide
Provider with access to the Service Site as and to the extent reasonably necessary for Provider to install, test, inspect and maintain
the Service(s) ordered during the Service Term. Unless otherwise stated in a Service Order: (i) Provider shall be solely responsible
for the provision, operation and maintenance of all equipment and fac ilities (the “Provider Equipment”) necessary to connect
Provider’s network facilities to the Customer demarcation point(s) at the Service Site (the “Demarcation Point(s)”); and
(ii) Customer shall be solely responsible for the provision, operation and main tenance of all equipment and facilities (the
“Customer Equipment”) from the Demarcation Point(s) to Customer’s internal network. Unless a Service Site is within Provider’s
control, Customer shall be responsible for maintaining appropriate conditions at the Service Site, including HVAC, electrical power,
and security. Title to the Provider Equipment shall at all times remain vested in Provider. Customer shall not re -arrange,
disconnect, tamper with, attempt to repair, or otherwise interfere with the Provi der Equipment, nor shall Customer permit any
third party to do so.
3.2 Testing, Acceptance and Service Commencement Date. Provider shall use commercially reasonable efforts to install the
Services consistent with Provider’s usual and customary installati on timeline, and shall endeavor to keep Customer regularly
informed regarding installation progress. Provider shall notify Customer when a Service has been installed and is ready for testing
and use. Customer may, at Customer’s option, participate in Provider’s final testing of the Service. For Services having a committed
bandwidth, the committed information rate shall be measured at the Ethernet layer and includes the Ethernet frame itself. The
Initial Service Term for the Service at issue shall commence on the date on which the Service has been installed, tested and is active
and available for use by Customer (the “Service Commencement Date”). Customer shall have a period of five (5) business days
after the Service Commencement Date in which Customer may notify Provider that the Service at issue is not functioning properly.
If Customer notifies Provider of problems with a Service pursuant to this Section 3.2, Provider shall investigate and correct same
and the Service Commencement Date shall be revised to be the first calendar day after the date on which Provider has corrected
the problems. Unless Customer delivers notification of problems to Provider within the time period set forth above, Customer
shall be deemed to have accepted the Service at issue and to have confirmed that the Service has been installed and is functioning
properly as of the Service Commencement Date.
3.3 No Sub-Licensing; Non-Compete. Any Services provided to Customer pursuant to the Agreement are for the sole benefit
of Customer. Customer shall not grant to any third party the right to use any of the Services, regardless of whether such grant
were to take the form of a license, sublicense, lease, sublease, or any other form. Nor shall Customer use the Services for
commercial purposes that are competitive with Provider’s business (e.g., use the Services to sell Internet access services, point -to-
point data transport services, VoIP services, etc., to third parties within Provider’s service area).
ARTICLE 4 – PAYMENT AND BILLING
4.1 Invoicing. All amounts owed by Customer to Provider under the Agreement shall be collectively referred to as “Fees.”
Provider shall begin billing Customer for the MRC applicable to a Service as of the Service Commencement Date. Invoices shal l be
delivered monthly, and shall be paid by Customer within sixty (60) days of receipt. Fixed Fees shall be billed in advance and
usage-based Fees shall be billed in arrears. Fixed fees for any partial month shall be pro-rated. For Services having an NRC, unless
otherwise stated in the Service Order, Provider shall invoice Customer for the NRC upon full-execution of the Service Order. Except
for amounts disputed in good faith by Customer pursuant to Section 4.2 below, past due amounts shall bear interest in the amount
of 1.0% per month, or the highest amount allowed by law, whichever is lower.
4.2 Disputed Invoices. If Customer in good faith disputes any portion of a Provider invoice, Customer shall pay the undisputed
portion of the invoice and submit written notice to Provider regarding the disputed amount, which notice shall include
documentation supporting the alleged billing error (each such notice, a “Fee Dispute Notice”). A Fee Dispute Notice must be
submitted to Provider within ninety (90) days from the date the invoice at issue is received by Customer. Customer waives the
right to dispute any Fees not disputed within such ninety (90) day period. The Parties shall negotiate in good faith to attempt to
resolve any such disputes within sixty (60) days after Customer’s delivery of the applicable Fee Dispute Notice.
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4.3 Applicable Taxes. All charges for Services set forth in Service Orders are exclusive of Applicable Taxes (as defined
below). Except for taxes based on Provider’s net income or taxes for which Customer possesses a valid exemption certificate,
Customer shall be responsible for payment of all applicable taxes and regulatory fees, however designated, that arise in any
jurisdiction, including, without limitation, value added, consump tion, sales, use, gross receipts, excise, access, bypass, or other
taxes, fees, assessments, duties, charges or surcharges, that are imposed on, incident to, or based upon the provision, sale, or use
of the Service(s) (collectively “Applicable Taxes”). The Applicable Taxes will be individually identified on invoices. If Customer is
entitled to an exemption from any Applicable Taxes, Customer is responsible for presenting Provider with a valid exemption
certificate (in a form reasonably acceptable to Provider). Provider will give prospective effect to any valid exemption certificate
provided in accordance with the preceding sentence.
ARTICLE 5 – DEFAULT AND REMEDIES
5.1 Customer Default. Each of the following shall constitute a default by Customer under the Agreement (each a separate
event of “Default”): (i) if Customer fails to pay any undisputed Fees when due, the failure of Customer to cure same within fifteen
(15) days after receiving written notice from Provider regarding such failure to pay; (ii) if Customer fails to comply with any other
material provision of the Agreement, the failure of Customer to cure same within thirty (30) days of receiving written notice from
Provider regarding such non-compliance; or (iii) if Customer files or initiates proceedings, or has proceedings initiated against it,
seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other
such official) under any bankruptcy, insolvency or other similar law, an d the same is not dismissed within sixty (60) days.
5.2 Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option:
(i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any
suspension shall not relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under the Agreement
as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service
Order(s); (iii) after the occurrence of any two Customer Defaults in any twelve (12) month period, terminate all Service Orders
entered into with Customer; and/or (iv) pursue any other remedy available to Provider under the Agreement or applicable law. In
the event of early termination for Customer Default pursuant to this Section 5.2, to the extent not prohibited by applicable law,
Customer shall pay to Provider the Termination Charge described in Section 6.4 below.
5.3 Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: (i) if Provider fails to
comply with any material provision of the Agreement other th an provisions of the SLA, the failure by Provider to cure same within
thirty (30) days of receiving written notice from Customer regarding such non -compliance; or (ii) Provider files or initiates
proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of
a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same
is not dismissed within sixty (60) days.
5.4 Remedies for Provider Default. In the event of a Default by Provider under the Agreement Customer may, at its option:
(i) terminate the applicable Service(s) and/or the applicable Service Order(s); and/or (ii) pursue any other remedy available to
Customer under the Agreement or applicable law. Early termination by Customer shall be accomplished by providing termination
notice to Customer’s account manager and to the notice address specified in Article 11 below. In the event of early termination
for Provider Default pursuant to this Section 5.4, Provider shall reimburse Customer for any pre-paid, unused monthly service Fees
attributable to the terminated Service(s) and/or Service Order(s), and Customer shall have no further liability to Provider for the
terminated Service(s) and/or Service Order(s). Early termination by Customer pursuant to this Section 5.4 shall not relieve
Customer of its obligations to pay all Fees incurred prior to the early termination date.
ARTICLE 6 – EARLY TERMINATION & PORTABILITY
6.1 Early Termination for Non-Appropriation. Customer is a Texas governmental entity subject to legislative appropriation
requirements and provisions of the Texas Constitution that may limit Customer’s ability to incur contractual debts . Accordingly,
notwithstanding anything to the contrary contained elsewhere in this MSA or in any Service Order, in the event that, for any future
fiscal period, sufficient funds are not appropriated or allocated for payment of any one or more Service Orders, Customer may
terminate the Service Order at issue as a matter of public convenience without incurring a Termination Charge or any other ea rly
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termination fee. If and when Customer becomes aware that non -allocation of funds for the coming fiscal period appears likely,
Customer shall use reasonable efforts to notify Provider of that possibility prior to the end of the then -current fiscal period. Once
the non-appropriation decision has been made, Customer shall, as soon as reasonably practicable, deliver written notice of
termination for non-appropriation to Provider specifying which Service or Services and/or which Service Order or Service Orders
are being terminated for non-appropriation and the date on which such early termination shall occur. Customer shall remain
obligated to pay for all Services delivered through the date of termination.
6.2 Early Termination for Customer Convenience. Customer may, at any time after executing a Service Order, discontinue
one or more of the Services ordered and/or terminate the Service Order by giving at least thirty (30) days’ advance written notice
to Provider by completing and submitting the online “Change of Service” form on the Astound Business Solutions website located
at http://www.astound.com/business/support/macd. Any early termination of a Service pursuant to this Section 6.2 shall be
referred to as “Termination for Customer Convenience.” In the event of Termination for Customer Convenience, to the extent
not prohibited by applicable law, Customer shall pay to Provider the Termination Charge described in Section 6.4 below.
6.3 Early Termination for Default. In accordance with Article 5 above, either Party may elect to terminate one or more Service
Orders prior to the scheduled expiration date in the event of an uncured Default by the other Party.
6.4 Termination Charge.
(a) Local Governmental Entities Under Texas Local Gov’t Code § 271.151. The provisions of this Subsection 6.4(a) shall
apply only if the Customer is a “local governmental entity” as that term is defined in Texas Local Gov’t Code § 271.151. In the
event of Termination for Customer Convenience pursuant to Section 6.2 above, or termination for Customer Default pursuant to
Section 5.2 above, Customer shall, consistent with Texas Local Gov’t Code § 271.153(a), pay Provider a “Termination Charge” to
compensate Provider for the direct damages Provider suffered as a result of Customer’s Termination for Customer Convenience
or as a result of Customer’s Default, as applicable. To the extent permitted by law, the Termination Charge shall equal the sum of
the following: (a) all unpaid amounts for Services actually provided prior to the termination date; (b) any portion of the NRC for
the terminated Service(s) that has not yet been paid to Provider; (c) with respect to off-net Services only, any documented
cancellation or termination charges or fees imposed on Provider by any third party in connection with the early termination o f the
Services (provided, that Provider shall use good faith, commercially reasonable efforts to mitigate such third par ty cancellation
charges); (d) one hundred percent (100%) of all remaining MRC Customer was to pay Provider for the Service during the first
(1st) year of the Service Term; (e) seventy-five percent (75%) of all remaining MRC Customer was to pay Provider for the Service
during the second (2nd) year of the Service Term; (f) fifty percent (50%) of all remaining MRC Customer was to pay Provider for the
Service during the third (3rd) year of the Service Term; (g) twenty-five percent (25%) of all remaining MRC Customer was to pay
provider for the Service during the fourth (4th) and later years of the Service Term (if applicable); and (h) if and to the extent not
already recovered by Provider pursuant to items (a) through (g) above, any additional amounts necessary in order for Provider to
recoup its actual, documented out-of-pocket costs incurred in extending its communications network to reach the Service Sites at
issue and install the Services at issue, calculated on a time and materials basis plus a 15% administrative mark-up. Notwithstanding
anything to the contrary provided in the immediately preceding sentence, in no event shall the amount of the Termination Char ge,
when added to the total amount of Fees already paid by Customer to Provider for the Services at issue prior to the early
termination, exceed the total amount Customer would have paid for the Services pursuant to the Service Order had the Service s
not been terminated early. If incurred, the Termination Charge will be due and payable by Customer within forty-five (45) days
after the termination date of the Service(s) at issue. Customer acknowledges and agrees that the calculation of the Termination
Charge represents a genuine estimate of Provider’s actual direct damages, is not a penalty or windfall and does not consist of
consequential or exemplary damages prohibited by Texas Local Gov’t Code § 271.153(b). If this Subsection 6.4(a) is found to be
unlawful, invalid and/or unenforceable, then Provider shall be entitled to such damages as are authorized by law.
(b) State Agencies and Institutions of Higher Education Under Texas Gov’t Code § 2260.001. The provisions of this
Subsection 6.4(b) shall apply only if the Customer is a “unit of state government” or an “institution of higher education” as those
terms are defined in Texas Gov’t Code § 2260.001. In the event of Termination for Customer Convenience pursuant to Section 6.2
above, or termination for Customer Default pursuant to Section 5.2 above, Customer shall, consistent with Texas Gov’t Code
§ 2260.003, pay Provider a “Termination Charge” to compensate Provider for the direct damages Provider suffered as a result of
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Customer’s Termination for Customer Convenience or as a result of Customer’s Default, as applicable. To the extent permitted by
law, the Termination Charge shall equal the sum of the following: (a) all unpaid amounts for Services actually provided prior to
the termination date; (b) any portion of the NRC for the terminated Service(s) that has not yet been paid to Provider; (c) with
respect to off-net Services only, any documented cancellation or termination charges or fees imposed on Provider by any third
party in connection with the early termination of the Services (provided, that Provider shall use good faith, commercially
reasonable efforts to mitigate such third party cancellation charges); (d) one hundred percent (100%) of all remaining MRC
Customer was to pay Provider for the Service during the first (1st) year of the Service Term; (e) seventy-five percent (75%) of all
remaining MRC Customer was to pay Provider for the Service during the second (2nd) year of the Service Term; (f) fifty percent
(50%) of all remaining MRC Customer was to pay Provider for the Service during the third (3rd) year of the Service Term; (g) twenty-
five percent (25%) of all remaining MRC Customer was to pay provider for the Service during the fourth (4 th) and later years of the
Service Term (if applicable); and (h) if and to the extent not already recovered by Provider pursuant to items (a) through (g) above,
any additional amounts necessary in order for Provider to recoup its actual, documented out-of-pocket costs incurred in extending
its communications network to reach the Service Sites at issue and install the Services at issue, calculated on a time and materials
basis plus a 15% administrative mark-up. Notwithstanding anything to the contrary provided in the immediately preceding
sentence, in no event shall the amount of the Termination Charge, when added to the total amount of Fees already paid by
Customer to Provider for the Services at issue prior to the early termination, exceed the total amount Customer would have pa id
for the Services pursuant to the Service Order had the Services not been terminated early. If incurred, the Termination Charge will
be due and payable by Customer within forty-five (45) days after the termination date of the Service(s) at issue. C ustomer
acknowledges and agrees that the calculation of the Termination Charge represents a genuine estimate of Provider’s actual direct
damages, is not a penalty or windfall and does not consist of consequential or exemplary damages prohibited by Texas Gov’t Code
§ 2260.003(c). If this Subsection 6.4(b) is found to be unlawful, invalid and/or unenforceable, then Provider shall be entitled to
such damages as are authorized by law.
(c) Counties Under Texas Local Gov’t Code § 262.001 et seq. The provisions of this Section 6.4(c) shall apply only if the
Customer is a county generally governed by Texas Local Gov’t Code § 262.001 et seq. In the event of Termination for Customer
Convenience pursuant to Section 6.2 above, or termination for Customer Default pursuant to Section 5.2 above, Customer shall,
consistent with applicable law, pay Provider a “Termination Charge” to compensate Provider for the direct damages Provider
suffered as a result of Customer’s Termination for Customer Convenience or as a result of Customer’s Default, as applicable. To
the extent permitted by law, the Termination Charge shall equal the sum of the following: (a) all unpaid amounts for Services
actually provided prior to the termination date; (b) any portion of the NRC for the terminated Service(s) that has not yet been paid
to Provider; (c) with respect to off-net Services only, any documented cancellation or termination charges or fees imposed on
Provider by any third party in connection with the early termination of the Services (provided, that Provider shall use good faith,
commercially reasonable efforts to mitigate such third party cancellation charges); (d) one hundred percent (100%) of all remaining
MRC Customer was to pay Provider for the Service during the first (1st) year of the Service Term; (e) seventy-five percent (75%)
of all remaining MRC Customer was to pay Provider for the Service during the second (2nd) year of the Service Term; (f) fifty percent
(50%) of all remaining MRC Customer was to pay Provider for the Service during the third (3rd) year of the Service Term; (g) twenty-
five percent (25%) of all remaining MRC Customer was to pay provider for the Service during the fourth (4th) and later years of the
Service Term (if applicable); and (h) if and to the extent not already recovered by Provider pursuant to items (a) through (g) above,
any additional amounts necessary in order for Provider to recoup its actual, documented out-of-pocket costs incurred in extending
its communications network to reach the Service Sites at issue and install the Services at issue, calculated on a time and ma terials
basis plus a 15% administrative mark-up. Notwithstanding anything to the contrary provided in the immediately preceding
sentence, in no event shall the amount of the Termination Charge, when added to the total amount of Fees already paid by
Customer to Provider for the Services at issue prior to the early termination, exceed the total amount Customer would have paid
for the Services pursuant to the Service Order had the Services not been terminated early. If incurred, the Termination Charge will
be due and payable by Customer within forty-five (45) days after the termination date of the Service(s) at issue. C ustomer
acknowledges and agrees that the calculation of the Termination Charge represents a genuine estimate of Provider’s actual direct
damages, is not a penalty or windfall and does not consist of consequential or exemplary damages prohibited by Texas Local Gov’t
Code § 262.007(c). If this Subsection 6.4(c) is found to be unlawful, invalid and/or unenforceable, then Provider shall be entitled
to such damages as are authorized by law.
6.5 Portability; Substitution of Services. At any time during the Service Term of a Service Order, Customer may elect to
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substitute new Services for then-existing Services. In such event, Provider will waive the Termination Charge associated with
the termination of the then -existing Services as long as: (i) the Fees payable to Provider in connection with the substitute
Services are equal to or greater than the Fees of the discontinued Services; (ii) Customer commits to retain the substitute Services
for a period equal to or greater than the remainder of the Service Term for the discontinued Services; (iii) Customer pays all
applicable installation and other NRCs, if any, for provision of the substitute Services; and (iv) Customer reimburses Provider
for all reasonable and documented engineering, installation and construction costs associated with the discontinued Services,
calculated on a time and materials basis, that have not already been recovered by Provider by the time of the substitution.
ARTICLE 7 – LIMITATION OF LIABILITY
7.1 General Limitations. Neither Party shall be liable to the other Party for any loss or damage occasioned by a Force Majeure
Event. Except for Customer’s obligation to pay Fees, each Party’s aggregate liability to the other Party for any and all causes and
claims arising under the Agreement, whether based in contract, tort, warranty or otherwise shall be limited to the lesser of: (i) the
actual direct damages sustained by the injured Party; or (ii) an amount equivalent to the total MRC received by Provider from
Customer for the Service(s) at issue during the twelve (12) month period immediately preceding the event giving rise to the claim.
7.2 Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver any one or more Services to
Customer in accordance with all of the terms and conditions contained in the applicable SLA, Customer’s sole and exclusive re medy
for such failure shall be as set forth in the SLA. No such failure shall be considered a Default by Provider under the Agreement.
7.3 No Special Damages. EXCEPT FOR CLAIMS ARISING FROM A PARTY’S INTENTIONAL MISCONDUCT, IN NO EVENT SHALL
EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR INCURRED IN CONNECTION WITH A PARTY’S PERFORMANCE OR FAILURE
TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, LOST PROFITS, LOST
REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR COST OF
PURCHASING REPLACEMENT SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH SPECIAL DAMAGES.
7.4 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, AS TO THE
DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SERVICES
PROVIDED PURSUANT TO THIS AGREEMENT.
7.5 Assumption of Risk. PROVIDER HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY
WHATSOEVER FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED BY CUSTOMER THROUGH THE SERVICES,
SERVICE INTERRUPTIONS ATTRIBUTABLE TO CUSTOMER’S NETWORK, ANY CUSTOMER EQUIPMENT FAILURES, OR ANY OTHER
SUCH CAUSES, AND CUSTOMER USES THE SERVICES AT CUSTOMER’S OWN RISK. CUSTOMER SHALL BE RESPONSIBLE FOR THE
SECURITY, CONFIDENTIALITY AND INTEGRITY OF INFORMATION CUSTOMER TRANSMITS OR RECEIVES USING ANY SERVICES.
ARTICLE 8 – FORCE MAJEURE EVENTS
Neither Party shall be liable for any delay in or failure of performance hereunder due to causes beyond such Party’s
reasonable control including, but not limited to, acts of God, fire, flood, earthquake, ice storms, wind storms, or other severe
weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regio nal
emergency, unavailability of rights-of-way, a governmental authority’s failure to timely act, inability to obtain equipment, material
or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or
military governmental authority (each, a “Force Majeure Event”). If any Force Majeure Event causes an increase in the time
required for performance of any of its duties or obligations, the affected Party shall be entitled to an equitable extension of time
for completion. If the delay in performance caused by the Force Majeure Event exceeds thirty (30) days, either Party may
terminate the Agreement or the applicable Service Order(s) immediately on written notice to the other Party, without incurring any
liability in connection with such termination.
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ARTICLE 9 – DISPUTE RESOLUTION
9.1 Good Faith Negotiations. To the extent not prohibited by applicable law, except for actions seeking a temporary
restraining order or injunction, in the event any controversy, disagreement or dispute (each, a “Dispute”) arises between the
Parties in connection with this Agreement, the Parties shall first use good faith efforts to resolve the Dispute through negotiation.
In the event of a Dispute, either Party may give the other Party written notice of the Dispute (each, a “Dispute Notice”). The
parties will meet and attempt to resolve the Dispute within sixty (60) days of the date on which the Dispute Notice is delive red.
All discussions occurring and documents exchanged during negotiations under this Section are confi dential and inadmissible for
any purpose in any legal proceeding involving the Parties; provided that evidence that is otherwise admissible or discoverabl e shall
not be rendered inadmissible or non-discoverable as a result of its use in the negotiation process. If the Parties do not resolve the
Dispute within the sixty (60) day period, either of the Parties may pursue any remedy available to it under this Agreement, a t law
or in equity.
9.2 Units of State Government Subject to Texas Gov’t Code § 2260.004. The provisions of this Section 9.2 shall apply only if
the Customer is an entity subject to Texas Gov’t Code § 2260.004. Notwithstanding anything to the contrary contained elsewhere
in this Agreement, in the event any Dispute arises between the Parties in connection with this Agreement, the Parties shall resolve
the Dispute using the dispute resolution process required by Texas Gov’t Code § 2260.004.
9.3 Governing Law and Venue. The Agreement and all matters arising out of the Agreement shall be governed by the laws of
the State of Texas. Any judicial action arising in connection with the Agreement shall be in the District Court of the State of Texas
in and for the county in which the Services at issue are provided, or in the Federal District Court for the District in which the Services
at issue are provided, as applicable.
ARTICLE 10 – ASSIGNMENT AND ASSUMPTION
Except as otherwise provided in this Article 10, neither Party shall assign, delegate or otherwise transfer the Agreement
or its obligations under the Agreement, in whole or in part, without the prior written consent of the other Party. Notwithstanding
the foregoing, either Party may, without the necessity of obtaining the other Party’s consent, assign its interest in and to the
Agreement to: (i) any entity acquiring such Party, whether by merger or through purchase of substantially all the assets of such
Party; (ii) a lender as an asset securing indebtedness; or (iii) an Affiliate of such party; provided, that in the event of a transfer to
an Affiliate, the transferring Party shall continue to remain liable for the obligations under the Agreement.
ARTICLE 11 – NOTICES
Unless otherwise provided elsewhere in the Agreement, any notice to be given to either Party under the Agreement will
be in writing and directed to the addresses set forth below. Notices will be deemed received (i) the next business day, when sent
by reliable, commercial overnight courier; (ii) three (3) business days after being sent by certified mail, postage prepaid and return
receipt requested; (iii) when actually received, if sent by email during the business hours of 9:00 a.m. to 5:00 p.m. (recipient’s
time). Notices received after 5:00 p.m. (recipient’s time) will be effective the next business day.
If to Provider:
Astound Business Solutions, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Business Solutions
If to Customer:
With a Copy to:
Astound Business Solutions, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Legal Department
With a Copy to:
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Either Party may change its notice address by giving notice to the other Party in accordance with this Article.
ARTICLE 12 – REPRESENTATIONS AND COVENANTS
Each Party represents and covenants to the other as follows: (i) the execution and delivery of the Agreement and the
performance of its obligations hereunder have been duly authorized; (ii) the Agreement is a valid and legal agreement binding
on such parties and enforceable in accordance with its terms; (iii) to the best of its knowledge and belief, it is in material compliance
with all laws, rules and regulations and court and governmental orders related to the operation of its business; and (iv) it shall
comply with all applicable laws and regulations when exercising its rights and performing its obligations under the Agreement.
ARTICLE 13 – MISCELLANEOUS
13.1 Entire Agreement; Interpretation. The Agreement constitutes the entire agreement between the Parties regarding the
subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject
matter contained herein. The Agreement may only be modified or supplemented by an instrument executed by an authorized
representative of each Party. The Agreement and each of the terms and provisions of it are deemed to have been explicitly
negotiated by the Parties, and the language in all parts of the Agreement shall, in all cases, be construed according to i ts fair
meaning and not strictly for or against either of the Parties. If any provision of the Agreement or the application thereof to any
person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of the Agreement
and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead cont inue in
full force and effect.
13.2 No Waiver. No failure by either Party to enforce any rights hereunder will constitute a waiver of such rights. Nor
shall a waiver by either Party of any particular breach or default constitute a waiver of any other breach or default or any similar
future breach or default. Provider’s acceptance of any payment under the Agreement will not constitute an accord or any other
form of acknowledgement or satisfaction that the amount paid is in fact the correct amount, and acceptance of a payment will
not release any claim by Provider for additional amounts due from Customer.
13.3 Relationship; No Third Party Beneficiaries. The Agreement is a commercial contract between Provider and Customer
and the relationship between the Parties is that of independent contractors. Nothing in the Agreement creates any partnership,
principal- agent, employer-employee or joint venture relationship between the Parties or any of their Affiliates, agents or
employees for any purpose. The Agreement is for the sole benefit of Provider and Customer and is not intended to confer any
rights on any other person; there are no third party beneficiaries of the Agreement.
13.4 Exhibits. The following Exhibits, which are attached to th is MSA, are incorporated herein and by this reference made a
part of this MSA:
EXHIBIT A - Service Level Agreement for Lit Fiber Services
EXHIBIT B - Service Level Agreement for Dark Fiber & Wavelength Services
13.5 Computation of Time. Except where expressly provided to the contrary, as used in the Agreement, the word “day” shall
mean “calendar day,” and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining
time periods specified in the Agreement. If the final date of any period of time set out in any provision of the Agreement falls upon
a Saturday or a Sunday or a legal holiday, then in such event, the time of such period shall be extended to the next day that is not
a Saturday, Sunday or legal holiday. As used in the Agreement, the term “business day” shall mean a day that is not a Saturd ay,
Sunday or a legal holiday.
13.6 Counterparts; Electronic Signatures. This MSA and any Service Order entered into by the Parties pursuant to this MSA
may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one
and the same instrument. Any executed documents sent to the other Party in portable document format (pdf) images via email
will be considered the same as an original document. The Parties consent to the use of electronic signatures.
Page 72
Item 8.
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 9
Astound Business Solutions, LLC 01/30/2023
The Parties are signing this MSA as of the Effective Date set forth in the preamble above.
CUSTOMER:
By
Name:
Title:
PROVIDER:
Astound Business Solutions, LLC, a Delaware
limited liability company
By
Name:
Title:
[The remainder of this page is intentionally left blank.]
Director
Delina Anderson
Page 73
Item 8.
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 10
Astound Business Solutions, LLC 01/30/2023
EXHIBIT A
to
Master Services Agreement for Enterprise Services
Service Level Agreement for Lit Fiber Services
This Service Level Agreement for Lit Fiber Services (this “SLA”) is a part of the Master Services Agreement for Enterprise Services –
Governmental Customer (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer. Unless otherwise provided
in the applicable Service Order, this SLA applies to the following types of lit fiber Services provided by Astound pursuant to the
MSA: (a) dedicated Internet access services, (b) Ethernet transport services, and (c) voice services, including hosted voice.
1. AVAILABILITY SLA
Astound’s Network is designed to provide a target Availability of at least 99.99% per month. If the Availability target is not
achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed
as described in this SLA.
Target Availability Duration of Service Outage Customer Credit as % of MRC for
the applicable Circuit*
99.99% Availability
Less than 4 minutes 20 seconds Target Met
4 min. 20 sec. up to 2 hours 5%
> 2 hour up to 6 hours 10%
> 6 hours up to 12 hours 20%
> 12 hours up to 24 hours 35%
> 24 hours 50%
*Customer credits for Unavailability are calculated on an individual circuit basis, and the amount of any credit
is based on the portion of MRC allocable to the affected circuit.
2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in Services due to failure or malfunction of the Astound Network or Astound Equipment, Astound’s CNOC
is designed to provide a MTTR of 6 hours or less. If the target MTTR is not met for a particular circuit in a given calendar mont h,
and Customer receives a Service from Astound on the circuit at issue, then Customer shall be entitled to remedies set forth in the
table below, which must be claimed as described in this SLA.
Target MTTR Actual MTTR
Customer Credit
as % of MRC for the
applicable Circuit
6 hr MTTR
≤ 6 Hrs. Target Met
> 6 Hrs. to 10 Hrs. 5%
> 10 Hrs. to 18 Hrs. 10%
> 18 Hrs. 20%
3. PACKET DELIVERY/PACKET LOSS SLA
The Astound Network is designed to provide no greater than 0.1% Packet Loss. If the Packet Loss target is not achieved in a given
calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described i n
this SLA. Customer credits for average monthly Packet Loss are calculated on an individual cir cuit basis, and the amount of any
credit is based on the portion of MRC allocable to the affected circuit.
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Item 8.
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 11
Astound Business Solutions, LLC 01/30/2023
Target Maximum
Packet Loss
Actual Packet Loss
(lower end – upper end)
Customer Credit
as % of MRC for the
applicable Circuit
≤ 0.1% Packet Loss
0% - 0.1% Target Met
> 0.1% - 0.4% 5%
> 0.4% - 0.7% 10%
> 0.7% - 1.0% 25%
> 1.0% 50%
4. LATENCY SLA
The Astound Network is designed to provide a monthly average one-way Latency not to exceed the following:
• For “Local Market” distances of ≤ 75 miles = 10 ms
• For “Inter-Market” distances of between 76 – 750 miles = 20 ms
• For “Long-Haul” distances of > 750 miles = 50 ms
If the applicable Latency target is not achieved in a given month and Astound does not remedy the problem within fifteen (15)
calendar days from the date on which Customer opens a Trouble Ticket with the Astound CNOC regarding excessive Latency,
Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA.
Target
Local Market
Latency
Target
Inter-Market
Latency
Target
Long-Haul
Latency
Actual One-Way
Latency
(lower end - upper end)
Customer Credit
as % of MRC for
the applicable
Circuit
10 ms or less 20 ms or less 50 ms or less
≤ Target Latency Target Met
> Target up to 8 ms over Target 5%
> 8 ms up to 15 ms over Target 10%
> 15 ms up to 20 ms over Target 25%
> 20 ms over Target 50%
5. NETWORK JITTER SLA
The Astound Backbone Network is designed to have a monthly average one-way Network Jitter not to exceed the following:
• For Local Market distances of ≤ 75 miles = 2 ms
• For Inter-Market distances of between 76 – 750 miles = 5 ms
• For Long-Haul distances of > 750 miles = 15 ms
If the applicable Network Jitter target is exceeded in a given calendar month, Customer will be entitled to a credit of 1/30th of the
MRC of the affected circuit for that month for each full 1ms of Network Jitter above the Network Jitter target set forth above. Any
such credit must be claimed as described in this SLA.
6. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the foll owing
remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different circuit/path for the Service
and circuit/path that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or
(ii) terminate the affected Service for the circuit/path that experienced the Chronic Outage without i ncurring any Termination
Charge.
7. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.
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Item 8.
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 12
Astound Business Solutions, LLC 01/30/2023
“Astound Backbone Network” means Astound’s core fiber backbone that connects Astound’s POPs and regional hubs.
“Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations
center, which is staffed 24x7x365.
“Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and
includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased
from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provide d by Astound.
“Availability” means the ability of Customer to exchange Ethernet packets with the Astound Network via Customer’s router port.
Availability is measured in minutes of uptime over the calendar month during which the Services are Available:
% Availability = (Total Minutes in Month – Total Minutes of Unavailability in Month)
(per calendar month) Total Minutes in Month
For Ethernet Transport Services and VoIP Services, Availability is calculated at the individual circuit level, between Astound’s
Backbone Network and the Customer’s router port. For Dedicated Internet Access Services, Availability is calculated from the
Customer’s router port through the Astound Network to the handoff point for the Internet. Dedicated Internet Access Servi ce
Availability does not include the availability of the Internet itself or any particular Internet resource. Periods of Excuse d Outage
are not included in Availability metrics.
“Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the same circuit during a given
calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR.
“Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a
material disruption to or outage in services provided by Astound and which require immediate action. Emergency Maintenance
may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outages
that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound
deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercia lly practicable
under the circumstances.
“Excused Outage” means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,
(ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force
Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, electrical outages not caused by
Astound, or any failure, unavailability, interruption or delay of third-party telecommunications network components the use of
which are reasonably necessary for Astound’s delivery of the Services to Customer.
“Jitter” or “Network Jitter” refers to a variation in the interval at which packets are received, also described as the variability in
Latency as measured in the variability over time of the packet Latency across a network. Jitter is calculated as an aggregate average
monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access
loops are not included. Periods of Excused Outage are not included in Jitter metrics.
“Latency” means how much time it takes, measured in milliseconds, for a packet of data to get from one designated point on
Astound’s Network to another designated point on Astound’s Network. Latency is calculated as an aggregate average monthly
metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are
not included. Periods of Excused Outage are not included in Latency metrics.
“Mean Time to Restore” or “MTTR” means the average time required to restore the Astound Network to a normally operating
state in the event of an Outage. MTTR is calculated on a circuit basis, as a monthly average of the time it takes Astound to repair
all Service Outages on the specific circuit. MTTR is measured from the time an Outage related Trouble Ticket is generated by the
Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the
Page 76
Item 8.
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 13
Astound Business Solutions, LLC 01/30/2023
number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit:
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit
(per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit
Periods of Excused Outage are not included in MTTR metrics.
“Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage.
For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage -related Trouble Ticket is
opened by the Customer and ends when the connection is restored, as measured by Astound. Unavailability does not include
periods of Service degradation, such as slow data transmission.
“Packet Loss” means the unintentional discarding of data packets in a network when a d evice (e.g., switch, router, etc.) is
overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric measured by
Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods
of Excused Outage are not included in Packet Loss metrics.
“Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s router is connected
that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified via email at
least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service.
“Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem.
Trouble Tickets may be generated by Astound pursuant to its internal network monitoring process, or by Customer’s reporting of
a problem to the Astound CNOC. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact
the Astound CNOC and open a Trouble Ticket regarding the problem; Trouble Tickets generated internally by Astound will not
provide a basis for Customer credits or Chronic Outage remedies.
8. CLAIMING CREDITS AND REMEDIES
8.1 Requesting SLA Related Credits and Chronic Outage Remedies . To be eligible for any SLA-related Service credit
or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable
taxes charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within twenty-four (24) hours of the occurrence
giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15)
days after the end of the calendar month in which the incident giving rise to the credit(s)
occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric.
(ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventy-
two (72) hours of the last Outage giving rise to the claimed remedy;
(b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account
Page 77
Item 8.
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 14
Astound Business Solutions, LLC 01/30/2023
manager within thirty (30) days of the end of the calendar month in which the Chronic Outage
occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination);
• Trouble Ticket numbers for each individual Outage event;
• Date and beginning/end time of each of the claimed Outages;
• Trouble Ticket number for the Chronic Outage at issue;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA -related credit or
Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived
its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s sole and exclusive
remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA
applies.
8.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject
to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage,
Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in
order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required.
Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to
provide the requested information to Astound. If Customer fails to provide the additional information within that time period,
Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each
Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify
the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to
appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer
of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an
SLA has been violated shall be final.
8.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the
affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a
single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer will
not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the follo wing: (i) the
acts or omissions of Customer, its agents, employees, con tractors, or Customer’s end users, or other persons authorized by
Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the
Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in
diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation;
(iv) the failure or malfunction of network equipment or faciliti es not owned or controlled by Astound or Astound’s Affiliates;
(v) Force Majeure Events; (vi) Astound’s inability (due to no fault of Astound) to access facilities or equipment as reasonably
required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Astound’s termination of the Service for cause,
or as otherwise authorized by the Agreement; or (viii) Astound’s inability to deliver Service by Customer’s desired due date.
Page 78
Item 8.
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 15
Astound Business Solutions, LLC 01/30/2023
EXHIBIT B
to
Master Services Agreement for Enterprise Services
Service Level Agreement for Dark Fiber & Wavelength Services
This Service Level Agreement for Dark Fiber & Wavelength Services (this “SLA”) is a part of the Master Services Agreement for
Enterprise Services – Governmental Customer (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer.
Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of Services provided by Astound
pursuant to the MSA: (i) dark fiber services, and (ii) wavelength services.
1. AVAILABILITY SLA
Astound’s dark fiber paths and wavelengths are designed t o provide a target Availability of at least 99.9% per calendar month. If
the Availability target is not met with respect to a given dark fiber path or wavelength in a given calendar month, Customer will be
entitled to a credit in the amount set forth below, which must be claimed as described in this SLA. Customer credits for Outages
of dark fiber or wavelength Services are calculated on an individual path basis, and the amount of any credit is based on the portion
of MRC allocable to the affected Service.
Duration of Unavailability
Customer Credit
as % of MRC for the
applicable Service
Less than 45 minutes Target Met
45 Min. up to 8 hours 5%
> 8 hours up to 16 hours 10%
> 16 hours up to 24 hours 20%
> 24 hours 35%
2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in the Services, Astound’s CNOC is designed to provide a MTTR of no greater than 6 hours. If the target
MTTR is not met for a particular dark fiber path or wavelength in a given calendar month, and Customer receives a Service from
Astound on the path at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed as
described in this SLA.
Target MTTR Actual MTTR
Customer Credit
as % of MRC for the
applicable Service
6 hr MTTR
≤ 6 Hrs. Target Met
> 6 Hrs. to 10 Hrs. 5%
> 10 Hrs. to 18 Hrs. 10%
> 18 Hrs. 20%
3. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the foll owing
remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different path for the Service that
experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service
for the path that experienced the Chronic Outage without incurring any Termination Charge.
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Item 8.
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 16
Astound Business Solutions, LLC 01/30/2023
4. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.
“Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations
center, which is staffed 24x7x365.
“Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and
includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased
from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provided by Astound.
“Availability” means the dark fibers or the wavelength at issue is available to and accessible by Customer at the specified locations,
is capable of transmitting signals and can otherwise be used by Customer. Availability does not involve the quality of data
transmission. Periods of Excused Outage are not included in the Availability metric. Astound does not monitor the use or
availability of dark fiber or wavelength Services, thus any Outage must be reported to Astound by Customer.
“Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the path during a given
calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR.
“Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a
material disruption to or outage in Services provided by Astound and which require immediate action. Emergency Maintenance
may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outag es
that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound
deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable
under the circumstances.
“Excused Outage” means any disruption to or unavailability of Servi ces caused by or due to (i) Scheduled Maintenance,
(ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force
Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, electrical outages not caused by
Astound, or any failure, unavailability, interruption or delay of third-party telecommunications network components the use of
which are reasonably necessary for Astound’s delivery of the Services to Customer.
“Mean Time to Restore” or “MTTR” means the average time required to restore the Service(s) to a normally operating sta te in the
event of an Outage. MTTR is calculated on a path/route basis, as a monthly average of the time it takes Astound to repair all
Service Outages on the specific path/route. MTTR is measured from the time Customer opens an Outage related Trouble Ticket i s
with the Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided
by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit :
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit
(per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit
Periods of Excused Outage are not included in MTTR metrics.
“Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage.
For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage -related Trouble Ticket is
opened by the Customer and ends when the connection is restored, as measured by Astound. Unavailability does not include
periods of Service degradation, such as slow data transmission.
“Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s demarc is
connected that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified
via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service.
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Item 8.
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 17
Astound Business Solutions, LLC 01/30/2023
“Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem. In
order for Customer to be eligible for credits or remedies under this SLA, Customer must contact t he Astound CNOC and open a
Trouble Ticket regarding the problem.
5. CLAIMING CREDITS AND REMEDIES
5.1 Requesting SLA Related Credits and Chronic Outage Remedies . To be eligible for any SLA-related Service credit
or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable
taxes charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within twenty-four (24) hours of the occurrence
giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15)
days after the end of the calendar month in which the incident giving rise to the credit(s)
occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric.
(ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventy-
two (72) hours of the last Outage giving rise to the claimed remedy;
(b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account
manager within thirty (30) days of the end of the calendar month in which the Chronic Outage
occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination);
• Trouble Ticket numbers for each individual Outage event;
• Date and beginning/end time of each of the claimed Outages;
• Trouble Ticket number for the Chronic Outage at issue;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA -related credit or
Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived
its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s sole and exclusive
remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA
applies.
5.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject
to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage,
Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in
order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required.
Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to
provide the requested information to Astound. If Customer fails to provide the additional information within that time period,
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Item 8.
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 18
Astound Business Solutions, LLC 01/30/2023
Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each
Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify
the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to
appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer
of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an
SLA has been violated shall be final.
5.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the
affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a
single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer will
not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the follo wing: (i) the
acts or omissions of Customer, its agents, employees, contractors, or Customer’s end users, or other persons authorized by
Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the
Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in
diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation;
(iv) the failure or malfunction of network equipment or facilities not owned or controlled by Astound or Astound’s Affiliates;
(v) Force Majeure Events; (vi) Astound’s inability (due to no fault of Astound) to access facilities or equipment as reasonably
required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Astound’s termination of the Service for cause,
or as otherwise authorized by the Agreement; or (viii) Astound’s inability to deliver Service by Customer’s desired due date.
[The remainder of this page is intentionally left blank.]
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Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Designating Official Town Newspaper
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution designating The Frisco Enterprise as the official newspaper of
the Town of Prosper and The Dallas Morning News as an alternative advertising source for FY
2023-2024.
Description of Agenda Item:
Section 2051.049 of the Texas Government Code provides that the Town Council shall select one
or more newspapers to publish notices, and Section 11.02 of the Town Charter states that the
Town Council shall annually declare an official newspaper of general circulation in the Town. The
Frisco Enterprise meets these requirements for the purpose of publishing ordinances, election
notices, public hearing notices, and other notices required by ordinance, the Town Charter, and
state law. Town staff recommends the continued use of The Dallas Morning News as an alternate
advertising source in the event the Town encounters a situation where an advertising or public
notice deadline could not be timely met by The Frisco Enterprise.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached resolution as to form
and legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council adopt a resolution designating The Frisco Enterprise
as the official newspaper of the Town of Prosper and The Dallas Morning News as an alternative
advertising source for FY 2023-2024.
TOWN SECRETARY
Page 83
Item 9.
Page 2 of 2
Proposed Motion:
I move to approve a resolution designating The Frisco Enterprise as the official newspaper of the
Town of Prosper and The Dallas Morning News as an alternative advertising source for FY 2023-
2024.
Page 84
Item 9.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DESIGNATING THE FRISCO ENTERPRISE AS THE OFFICIAL
NEWSPAPER OF THE TOWN OF PROSPER, AND THE DALLAS MORNING
NEWS AS ALTERNATE ADVERTISING SOURCES, FOR FISCAL YEAR 2023-
2024.
WHEREAS, Section 11.02 of the Prosper Town Charter provides that the Town Council
shall declare annually an official newspaper of general circulation in the Town. All ordinances,
notices and other matters required by the Charter, Town ordinance, or the Constitution and laws
of the State of Texas shall be published in the official newspaper; and
WHEREAS, Section 2051.049 of the Texas Government Code provides that the Town
Council shall select one or more newspapers to publish notices; and
WHEREAS, Resolution No. 15-31, approved by the Prosper Town Council on May 26,
2015, provides that The Dallas Morning News is authorized as an alternate advertising source in
the event that the Town encounters a situation where an advertising or public notice deadline
could not be timely met by The Frisco Enterprise; and
WHEREAS, the Town Council of the Town of Prosper desires to designate The Dallas
Morning News as a secondary alternate newspaper of the Town; and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Town Council of the Town of Prosper hereby designates The Frisco Enterprise as the
official newspaper of said Town, the same to continue as such until another is selected, and shall
cause to be published therein all ordinances, notices and other matters required by law or by
ordinance to be published. The Dallas Morning News is hereby designated as authorized
advertising sources in the event that the Town encounters a situation where an advertising or
public notice deadline cannot be timely met by The Frisco Enterprise.
SECTION 2
This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 22nd DAY OF AUGUST 2023.
_____________________________
David F. Bristol, Mayor
Page 85
Item 9.
Resolution No. 2023-XX, Page 2
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 86
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: James Edwards, Human Resources Director
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance adopting new personnel policies regarding mental health
leave for certain personnel as required by recent legislation and injury and illness leave for certain
personnel as required by recent legislation.
Description of Agenda Item:
The State Legislature passed House Bill 471 and House Bill 1486 during the 88th Texas Legislative
Session. House Bill 471 requires the Town to provide police officers and fire fighters leave of
absence for an illness or injury related to the person’s line of duty with full pay for up to one year.
House Bill 1486 requires that each city that employs a full-time telecommunicator, shall adopt a
policy allowing the use of mental health leave by a full-time telecommunicator employed by the
agency who experienced a traumatic event in the scope of that employment. The Town currently
has mental health leave for police officers only. The adoption of the proposed ordinance would
then include fire fighters and telecommunicators as part of the policy update.
Budget Impact:
Budget may be impacted by department need to backfill vacant position due to injury or illness
leave. In the event this would occur, cost would be unpredictable but prospectively covered
through department salary savings.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Ordinance
2. Exhibit A
3. Exhibit B
HUMAN RESOURCES
Page 87
Item 10.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends that the Town Council approve an ordinance adopting new personnel
policies regarding mental health leave and injury leave for certain personnel as required by recent
legislation.
Proposed Motion:
I move to approve an ordinance adopting new personnel policies regarding mental health leave
and injury leave for certain personnel as required by recent legislation.
Page 88
Item 10.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ADOPTING NEW PERSONNEL POLICIES REGARDING INJURY AND
ILLNESS LEAVE AND MENTAL HEALTH LEAVE FOR CERTAIN
PERSONNEL, AS REQUIRED BY RECENT LEGISLATION; MAKING
FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Regular Session of the 88th Texas Legislature adopted two (2) bills that
impact certain existing Town personnel policies, as more fully described herein; and
WHEREAS, House Bill 471`provides, in part, that municipalities must provide paid illness
and injury leave for first responders for any injury or illness related to a first responder’s line of
duty for up to one year; and
WHEREAS, House Bill 1486 provides, in part, that law enforcement agencies must
develop and adopt a policy allowing the use of mental health leave by a full-time telecommunicator
who experienced a traumatic event in the scope of that employment, similar to mental health leave
previously provided to peace officers and which the Town has extended to fire personnel, as more
fully described in the policy; and
WHEREAS, the Governor has signed both House Bill 471 and House Bill 1486; and
WHEREAS, the newly revised policies, attached hereto as Exhibit A and Exhibit B,
respectively, are in full compliance with the foregoing legislation; and
WHEREAS, the Town Council hereby adopts the attached illness and injury leave and
mental health leave policies for inclusion in the Town’s Personnel Policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
The Town Council hereby adopts the attached injury and illness leave and mental health
leave policies for inclusion in the Town’s Personnel Policies.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
Page 89
Item 10.
Ordinance No. 2023-___, Page 2
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 22ND DAY OF AUGUST, 2023.
APPROVED:
___________________________________
David F. Bristol, Mayor
ATTEST:
_____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Page 90
Item 10.
Ordinance No. 2023-___, Page 3
EXHIBIT A
(Injury/Illness Leave Policy)
Page 91
Item 10.
Ordinance No. 2023-___, Page 4
EXHIBIT B
(Mental Health Leave Policy)
Page 92
Item 10.
Adopted August 24, 2021
TOWN OF PROSPER
PERSONNEL POLICY
Section 4.04: WORKERS’ COMPENSATION
A. Coverage of Employees
The Town of Prosper complies with the Texas Labor Code in the provision of workers’ compensation
insurance coverage for its employees. This program covers an injury or illness sustained in the course of
employment that requires medical treatment, subject to applicable legal requirements and workers’
compensation guidelines. Workers’ compensation insurance coverage begins immediately upon
employment with the Town.
A. Salary Continuation while on Workers’ Compensation Leave
Employees may be paid temporary income benefits (TIBs) if their work-related injury or illness causes them
to lose all or some of their wages for more than seven (7) days. Temporary Income Benefits are equal to 70%
of the difference between an employee’s average weekly wage and the wages they are able to earn after their
work-related injury (i.e., if an employee was unable to earn any wages, he/she would receive 70% of his/her
average weekly wage).
The Town will offer salary continuation to eligible emplo yees, who have approved work-related injury or
illness covered by worker’s compensation insurance, after they have missed more than 7 days of work.
Eligible employees may receive salary continuation which will supplement the employee’s income up to their
current rate of pay, excluding overtime. Employees who are eligible for salary continuation will be required
to endorse their workers’ compensation checks payable to the Town of Prosper for deposit by the Town.
Salary continuation may be provided up to a maximum of 180 calendar days from the date of eligibility. Town
of Prosper certified Police Officers and Fire Fighters are provided up to one year of leave with full pay for
work related injury or illness.
Salary continuation will be suspended or initially denied if an employee fails to comply with Town policies
and procedures. Specific grounds for suspension or denial are:
1. If the employee fails to report an injury in compliance with eh Town’s policy (Administrative
Regulations, Section 6.03 (B) (1)).
2. If the employee submits a workers’ compensation claim that is denied by the Town’s workers’
compensation carrier.
3. If the employee fails to comply with the directions of his/her treating physician.
4. If the employee engages in any kind of part-time, volunteer, or other outside work while receiving
salary continuation (Administrative Regulations, Section 2.07).
5. If the employee refuses to accept any modified or light duty work that is deemed within the
employee’s capability in the opinion of the treating physician (Personnel Policies, Section 4.05).
6. If the employee refuses to return to active duty after being released by his/her treating physician.
7. If the employee refuses to provide the necessary information and communication regarding the
status of his/her workers’ compensation injury.
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Item 10.
Adopted August 24, 2021
8. If the employee suffers an injury due to his/her work violation of safety standards, or the employee
caused or exacerbated hazardous or dangerous situations (Administrative Regulations, Section 6.03
(B) (2)).
9. If the employee reaches maximum medical improvement (the point that the employee’s work
related injury or illness has improved as much as it is going to improve).
10. If the employee refuses a post-accident drug or alcohol test (Administrative Regulations, Section
6.01 (a) (2)).
11. If the employee’s workers’ compensation payments are stopped.
12. If the employee is terminated.
13. If the employee is within his/her new hire probation period.
14. If the employee refuses to submit to any independent medical examination or treatment required
by the Town in accordance with workers' compensation laws (Personnel Policies, section 2.07 (B)
(2)).
15. If the employee choses to go to a doctor that is not recommended by the Town.
Exceptions to these conditions may be considered by the Town Manager on a case-by-case basis.
If the employee is denied, refused, or exhausts salary continuation while receiving workers' compensation
benefits, the employee is eligible to use sick leave, compensatory time, and vacation leave in the amount
necessary to make up the difference between workers’ compensation benefits and the employee’s normal
rate of pay.
a) b) c)
Page 94
Item 10.
Adopted August 24, 2021
TOWN OF PROSPER
PERSONNEL POLICY
Section 5.11: MENTAL HEALTH LEAVE FOR PEACE OFFICERS, FIRE FIGHTERS,
AND TELECOMMUNICATORS
The Town of Prosper will provide paid Mental Health Leave to Peace Officers, Fire Fighters and
Telecommunicators. If a Peace Officer, Fire Fighter or Telecommunicator experiences a traumatic event
directly related to their job duties, Mental Health Leave may be allowed so that the Peace Officer, Fire Fighter,
or Telecommunicator can recover or begin the process of recovery and accessing needed resources for
treatment. This policy is effective September 1, 2021 updated September 1, 2023.
A. Definitions
Peace Officer: A Police Officer, or may include other sworn personnel, licensed by the Texas Commission
on Law Enforcement and actively employed by the Town.
Fire Fighter: A Fire Fighter licensed by the Texas Commission on Fire Protection and actively employed
by the Town.
Telecommunicator: A Telecommunicator licensed as a Texas Law Enforcement Dispatcher and actively
employed by the Town.
Traumatic Event: An event which occurs in the Peace Officer’s, Fire Fighter’s or Telecommunicator’s
scope of employment when the employee is involved in the response to, or investigation of, an event that
causes the employee to experience unusually strong emotional reactions or feelings which have the
potential to interfere with their ability to function during or after the incident.
The Police Officer, Fire Fighter, or Telecommunicator may directly experience the traumatic event or
witness, in person, the traumatic event as it occurred to others. Other circumstances that may qualify
would include learning that the traumatic event(s) occurred to a close family member or a close friend
or experiencing repeated or extreme exposure to the details of the event. In the case of actual or
threatened death of a family member or friend, the event(s) must have been violent or accidental.
Traumatic events may include, but are not limited to, the following:
1. Major disasters which may include response to weather related events involving multiple casualties;
or explosions with multiple casualties; or search and recovery missions involving multiple casualties;
2. Incidents involving multiple casualties which may include shootings or traffic accidents;
3. Line of duty death or suicide of a department member;
4. Death or serious injury of a child resulting from violence, sexual abuse, or neglect;
5. Officer(s) involved in the shooting of a person.
Mental Health Leave: Administrative leave with pay granted in response to a traumatic event that
occurred in the scope of the Peace Officer’s. Fire Fighter’s or Telecommunicator’s employment.
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Item 10.
Adopted August 24, 2021
Mental Health Professional: A licensed social or mental health worker, counselor, psychotherapist,
psychologist or psychiatrist as approved by the Town of Prosper.
B. Requesting Mental Health Leave
A Police Officer, Fire Fighter, or Telecommunicator directly involved in a traumatic event may request
the use of mental health leave. The request shall be made in writing through the chain of command and
in consultation with the Human Resources Director. The request shall be treated as a priority matter and
a decision on the granting of the leave shall be made no later than 24 hours following the submission of
the request. The request shall be granted unless the chain of command can articulate specific compelling
reasons to deny granting the leave.
A supervisor or coworker who becomes aware of behavioral changes in an officer directly involved in a
traumatic event should suggest to the officer that he or she seek mental health leave and the assistance
of a mental health professional.
C. Duration of Mental Health Leave
A Police Officer, Fire Fighter, or Telecommunicator directly involved in a traumatic event may request
up to 40 hours of paid mental health leave per event. Any hours utilized as mental health leave shall be
calculated as regular hours worked. There shall be no deduction in salary or other compensation for
mental health leave.
Extensions of leave may be available under certain circumstances. Any request for an extension shall be
accompanied by documentation from a mental health professional who is counseling the officer. The
Chief shall grant the extension upon the receipt of sufficient documentation and in consultation with
Human Resources.
D. Confidentiality
Any request for mental health leave shall be treated as strictly confidential by all parties involved and
shall not be discussed or disclosed outside the officer’s immediate chain of command and Human
Resources and only as necessary to facilitate the use of the leave. Any Police Officer, Fire Fighter, or
Telecommunicator or supervisor who becomes aware of behavioral changes and suggests the employee
seek mental health leave shall not discuss that matter with any third party. Any breach of this
confidentiality shall be grounds for discipline.
Confidentiality may be waived by the employee seeking mental health leave. In addition, confidentiality
may be waived under circumstances which indicate the officer is a danger to himself/herself or others
and department personnel must confer with mental health professionals.
a) b) c)
Page 96
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Robert B. Scott, Deputy Town Manager
Re: Parameters Ordinance – Certificates of Obligation, Series 2023
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 5. Work Towards a Growing & Diversified Tax Base
Agenda Item:
Consider all matters incident and related to the issuance and sale of “Town of Prosper, Texas,
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2023”, including the
adoption of an ordinance authorizing the issuance of such obligations and establishing procedures
and delegating authority for the sale and delivery of such obligations. (CL)
Description of Agenda Item:
Town Council at the June 27, 2023, meeting approved beginning the required process for issuance
of certificates of obligations through a Notice of Intent, required advertising and setting a timetable
for issuance. The attached ordinance establishes the parameters for issuance of certificates of
obligation for the projects:
Water Distribution $4,500,000
Wastewater $4,025,000
The Town has historically sold debt through a competitive sale on the Tuesday morning of a Town
Council meeting and then completed the sale with Town Council approval that evening. It is
recommended that Town Council pass an Ordinance on August 22, 2023, authorizing issuance of
the certificates of obligation with delegated authority to the Town Manager or Deputy Town
Manager, to complete final pricing of the debt. This method is commonly used in refunding debt
issues or during uncertain market conditions. The ordinance would allow for delegation to the
Town Manager that meets the following conditions:
Issue the certificates through a competitive or negotiated sale;
for an amount not to exceed $8,700,000;
with a final maturity of August 15, 2043;
Approval of this ordinance has the following advantages to obtain the lowest interest rate for the
Town’s Bond sale:
Flexibility to sell on a day based on the best market conditions instead of only a Town
Council Tuesday
FINANCE
Page 97
Item 11.
Page 2 of 2
Allows for immediate award to the lowest bidder
Budget Impact:
The debt service payments for the Bonds will be funded from surplus revenue from the water and
sewer fund.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. and Chris Settle of McCall, Parkhurst and Horton,
the Town’s bond counsel, have reviewed the ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Timeline (Exhibit A)
3. Use of Proceeds (Exhibit B)
Town Staff Recommendation:
Town staff recommends adoption of an ordinance authorizing the issuance and sale of “Town of
Prosper, Texas Combination Tax and Surplus Revenue Certificates of Obligation, Series 2023”,
and approving all other matters related thereto.
Proposed Motion:
I move to adopt an ordinance authorizing the issuance and sale of “Town of Prosper, Texas,
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2023” and approving all
other matters related thereto.
Page 98
Item 11.
TOWN OF PROSPER, TEXAS ORDINANCE 2023-XX
AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF
PROSPER, TEXAS, COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2023; ESTABLISHING SALE
PARAMETERS; PROVIDING FOR THE SECURITY FOR AND
PAYMENT OF SAID CERTIFICATES; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COLLIN AND DENTON COUNTIES §
TOWN OF PROSPER §
WHEREAS, the Town Council (the "Council") of the Town of Prosper, Texas (the
"Town"), deems it advisable to issue Certificates of Obligation in the amount of up to $8,700,000
for the purposes hereinafter set forth; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be
issued and delivered for cash pursuant to Subchapter C of Chapter 271, Texas Local Government
Code, Subchapter B, Chapter 1502, Texas Government Code and Chapter 1371, Texas
Government Code; and
WHEREAS, the Council has heretofore passed a resolution authorizing and directing the
Town Secretary to give notice of intention to issue Certificates of Obligation, and said notice has
been duly published in a newspaper of general circulation in said Town, said newspaper being a
"newspaper" as defined in Section 2051.044, Texas Government Code, and posted to the Town's
Internet website, all in timing and manner provided in Section 271.049, Texas Local Government
Code ; and
WHEREAS, the Town received no petition from the qualified electors of the Town
protesting the issuance of such Certificates of Obligation; and
WHEREAS, no bond proposition to authorize the issuance of bonds for the same purpose
as any of the projects being financed with the proceeds of the Certificates was submitted to the
voters of the Town during the preceding three years and failed to be approved; and
WHEREAS, the Town is an "issuer" within the meaning of Section 1371.001(4)(P), Texas
Government Code, having (i) a principal amount of at least $100 million in outstanding long term
indebtedness, in long term indebtedness proposed to be issued, or in a combination of outstanding
or proposed long term indebtedness and (ii) some amount of long term indebtedness outstanding
or proposed to be issued that is rated in one of the four highest rating categories for long term debt
instruments by a nationally recognized rating agency for municipal securities, without regard to
the effect of any credit agreement or other form of credit enhancement entered into in connection
with the obligation; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
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Item 11.
2
Ordinance, was given, all as required by the applicable provisions of Texas Government Code,
Chapter 551;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
Section 1. RECITALS, AMOUNT, PURPOSE AND DESIGNATION OF THE
CERTIFICATES. (a) The recitals set forth in the preamble hereof are incorporated herein and
shall have the same force and effect as if set forth in this Section.
(b) The Certificates are hereby authorized to be issued and delivered in the maximum
aggregate principal amount hereinafter set forth for the Projects (defined below) and to pay legal,
fiscal and engineering fees in connection with the Projects.
(c) Each Certificate issued pursuant to this Ordinance shall be designated (unless
otherwise provided in the Pricing Certificate): "TOWN OF PROSPER, TEXAS, COMBINATION
TAX AND SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2023," and
initially there shall be issued, sold and delivered hereunder fully registered Certificates, without
interest coupons, payable to the respective registered owners thereof (with the initial Certificate
being made payable to the Underwriter as described herein), or to the registered assignee or
assignees of said Certificates or any portion or portions thereof (in each case, the "Registered
Owner"). The Certificates shall be in the respective denominations and principal amounts, shall be
numbered, shall mature and be payable on the date or dates in each of the years and in the principal
amounts or amounts due at maturity, as applicable, and shall bear interest to their respective dates
of maturity or redemption, if applicable, prior to maturity at the rates per annum, as set forth in the
Pricing Certificate.
Section 2. DEFINITIONS. Unless otherwise expressly provided or unless the context
clearly requires otherwise in this Ordinance, the following terms shall have the meanings specified
below:
"Attorney General" shall mean the Attorney General of the State.
"Certificates" means and includes the Certificates initially issued and delivered pursuant to
this Ordinance and all substitute Certificates exchanged therefor, as well as all other substitute
Certificates and replacement Certificates issued pursuant hereto, and the term "Certificate" shall
mean any of the Certificates.
"Code" means the Internal Revenue Code of 1986, as amended.
"Comptroller" shall mean the Comptroller of Public Accounts of the State.
"Delivery Date" shall mean the date or dates of delivery of the Certificates to the
Underwriter against payment therefor, as determined by the Pricing Officer in the Pricing
Certificate.
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Item 11.
3
"Projects" shall mean acquiring, constructing, installing and equipping additions,
improvements, extensions and equipment for the Town’s waterworks and sewer system and the
acquisition of land and rights-of-way therefor.
"State" shall mean the State of Texas.
"Underwriter" shall mean the initial purchaser(s) of the Certificates designated by the
Pricing Officer in the Pricing Certificate.
Section 3. DELEGATION TO PRICING OFFICER. (a) As authorized by Section
1371.053, Texas Government Code, as amended, the Deputy Town Manager and the Town
Manager of the Town are each individually authorized to act on behalf of the Town in selling and
delivering the Certificates (of which officers, the officer executing the Pricing Certificate shall be
hereinafter referred to as, and shall for all purposes be, the "Pricing Officer"), carrying out the
procedures specified in this Ordinance, including determining the principal amount of Certificates
to be issued, the amount to be applied against each proposition, the date or dates of the Certificates,
any additional or different designation or title by which the Certificates shall be known, the price
at which the Certificates will be sold, the years in which the Certificates will mature, the principal
amount to mature in each of such years, the rate of interest to be borne by each such maturity, the
interest payment and record dates, the price and terms, if any, upon and at which the Certificates
shall be subject to redemption prior to maturity at the option of the Town, as well as any mandatory
sinking fund redemption provisions, whether the Certificates shall be designated as "qualified tax-
exempt obligations" as defined in section 265(b)(3) of the Code, approving modifications or
additions to the Rule 15c2-12 continuing disclosure undertaking, and all other matters relating to
the issuance, sale and delivery of the Certificates, including, without limitation, procuring
municipal bond insurance and approving modifications to this Ordinance and executing such
instruments, documents and agreements as may be necessary with respect thereto, if it is
determined that such insurance would be financially desirable and advantageous, all of which shall
be specified in the Pricing Certificate, provided that:
(i) the aggregate original principal amount of the Certificates shall not exceed
$8,700,000;
(ii) no Certificate shall mature after August 15, 2043; and
(iii) the true interest cost of the Certificates shall not exceed 4.75%.
(b) In establishing the aggregate principal amount of the Certificates, the Pricing
Officer shall establish an amount not exceeding the amount authorized in subsection (a) above,
which shall be sufficient in amount to provide for the purposes for which the Certificates are
authorized and to pay costs of issuing the Certificates. The delegations made hereby shall expire
if not exercised by the Pricing Officer on or prior to the ninetieth (90th) day following the adoption
of this Ordinance. The Certificates shall be sold at such price, with and subject to such terms as
set forth in the Pricing Certificate.
(c) The Certificates may be sold by public offering (either through a negotiated or
competitive offering) or by private placement. If the Certificates are sold by private placement,
the Pricing Certificate shall so state, and the Pricing Certificate may make changes to this
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Item 11.
4
Ordinance to effect such private placement, including the provisions hereof that pertain to the
book-entry-only procedures (including eliminating the book-entry-only system of registrations,
payment and transfers) and to the provisions herein relating to the Rule 15c2-12 undertaking
(including eliminating or replacing such undertaking with an agreement to provide alternative
disclosure information).
(d) In satisfaction of Section 1201.022(a)(3)(B), Texas Government Code, the Council
hereby determines that the delegation of the authority to the Pricing Officer to approve the final
terms of the Certificates set forth in this Ordinance is, and the decisions made by the Pricing Officer
pursuant to such delegated authority and incorporated into the Pricing Certificate will be, in the
Town's best interests, and the Pricing Officer is hereby authorized to make and include in the
Pricing Certificate a finding to that effect.
Section 4. CHARACTERISTICS OF THE CERTIFICATES. (a) Registration, Transfer,
Conversion and Exchange. The Town shall keep or cause to be kept at the designated office of
the bank named in the Pricing Certificate as the paying agent/registrar for the Certificates (the
"Paying Agent/Registrar"), books or records for the registration of the transfer, conversion and
exchange of the Certificates (the "Registration Books"), and the Town hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers, conversions and exchanges under such reasonable regulations as the
Town and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided within three days of
presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the
Registration Books the address of the registered owner of each Certificate to which payments with
respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each
registered owner to notify the Paying Agent/Registrar in writing of the address to which payments
shall be mailed, and such interest payments shall not be mailed unless such notice has been given.
The Town shall have the right to inspect the Registration Books during regular business hours of
the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. The Town shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such registration, transfer, conversion, exchange and delivery of a substitute
Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of
Certificates shall be made in the manner provided and with the effect stated in the FORM OF
CERTIFICATE set forth as Exhibit A of this Ordinance. Each substitute Certificate shall bear a
letter and/or number to distinguish it from each other Certificate.
(b) Authentication. Except as provided in subsection (e) of this Section, an authorized
representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date
and manually sign said Certificate, and no such Certificate shall be deemed to be issued or
outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall
cancel all paid Certificates and Certificates surrendered for conversion and exchange. No
additional ordinances, orders or resolutions need be passed o r adopted by the governing body of
the Town or any other body or person so as to accomplish the foregoing conversion and exchange
of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing,
execution and delivery of the substitute Certificates in the manner prescribed herein. Pursuant to
Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of
Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the
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execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable,
and enforceable in the same manner and with the same effect as the Certificates which initially
were issued and delivered pursuant to this Ordinance, approved by the Attorney General and
registered by the Comptroller.
(c) Payment of Certificates and Interest. The Town hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the
Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper
records of all payments made by the Town and the Paying Agent/Registrar with respect to the
Certificates, and of all conversions and exchanges of Certificates, and all replacements of
Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on
a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest
payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when
funds for the payment of such interest have been received from the Town. Notice of the Special
Record Date and of the scheduled payment date of the past due interest (which shall be 15 days
after the Special Record Date) shall be sent at least five (5) business days prior to the Special
Record Date by United States mail, first-class postage prepaid, to the address of each registered
owner appearing on the Registration Books at the close of business on the last business day next
preceding the date of mailing of such notice.
(d) Substitute Paying Agent/Registrar. The Town covenants with the registered
owners of the Certificates that at all times while the Certificates are outstanding the Town will
provide a competent and legally qualified bank, trust company, financial institution or other agency
to act as and perform the services of Paying Agent/Registrar for the Certificates under this
Ordinance, and that the Paying Agent/Registrar will be one entity. The Town reserves the right
to, and may, at its option, change the Paying Agent/Registrar upon not less than 50 days written
notice to the Paying Agent/Registrar, to be effective not later than 45 days prior to the next
principal or interest payment date after such notice. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign
or otherwise cease to act as such, the Town covenants that promptly it will appoint a competent
and legally qualified bank, trust company, financial institution, or other agency to act as Paying
Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and del iver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Certificates, to the
new Paying Agent/Registrar designated and appointed by the Town. Upon any change in the
Paying Agent/Registrar, the Town promptly will cause a written notice thereof to be sent by the
new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail,
first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(e) General Characteristics of the Certificates. The Certificates (i) shall be issued in
fully registered form, without interest coupons, with the principal of and interest on such
Certificates to be payable only to the Registered Owners thereof, (ii) may be redeemed prior to
their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the
Town at least 35 days prior to any such redemption date), (iii) may be transferred and assigned,
(iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics,
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(vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the
Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and
the Town shall have certain duties and responsibilities with respect to the Certificates, all as
provided, and in the manner and to the effect as required or indicated, in the FORM OF
CERTIFICATE set forth as Exhibit A of this Ordinance. The Certificates initially issued and
delivered pursuant to this Ordinance are not required to be, and shall not be, authenticated by the
Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange
for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall
execute the Paying Agent/registrar's Authentication Certificate, in the FORM OF CERTIFICATE
set forth as Exhibit A of this Ordinance.
(f) Book-Entry-Only System. Unless the Certificates are sold by private placement,
the Certificates issued in exchange for the Certificates initially issued to the Underwriter shall be
initially issued in the form of a separate single fully registered Certificate for each of the maturities
thereof. Upon initial issuance, the ownership of each such Certificate shall be registered in the
name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and
except as provided in subsection (g) of this Section, all of the outstanding Certificates shall be
registered in the name of Cede & Co., as nominee of DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
Town and the Paying Agent/Registrar shall have no responsibility or obligation to any securi ties
brokers and dealers, banks, trust companies, clearing corporations and certain other organizations
on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants or to any person on behalf of
whom such a DTC Participant holds an interest in the Certificates. Without limiting the
immediately preceding sentence, the Town and the Paying Agent/Registrar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or
any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to
any DTC Participant or any other person, other than a registered owner of Certificates, as shown
on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any
DTC Participant or any other person, other than a registered owner of Certificates, as shown in the
Registration Books of any amount with respect to principal of or interest on the Certificates.
Notwithstanding any other provision of this Ordinance to the contrary, the Town and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate
is registered in the Registration Books as the absolute owner of such Certificate for the purpose of
payment of principal and interest with respect to such Certificate, for the purpose of registering
transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order
of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Town 's obligations with respect to payment of principal of and
interest on the Certificates to the extent of the sum or sums so paid. No person other than a
registered owner, as shown in the Registration Books, shall receive a physical Certificate
evidencing the obligation of the Town to make payments of principal and interest pursuant to this
Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the
provisions in this Ordinance with respect to interest checks being mailed to the registered owner
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at the close of business on the Record Date, the words "Cede & Co." in this Ordinance shall refer
to such new nominee of DTC.
(g) Successor Securities Depository; Transfers Outside Book-Entry-Only System. If
the Certificates are subject to the DTC book-entry system, and in the event that the Town
determines that DTC is incapable of discharging its responsibilities described herein and in the
representation letter of the Town to DTC or that it is in the best interest of the beneficial owners
of the Certificates that they be able to obtain certificated Certificates, the Town shall (i) appoint a
successor securities depository, qualified to act as such under Section 17A of the Securities and
Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such
successor securities depository and transfer one or more separate Certificates to such successor
securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of
Certificates and transfer one or more separate Certificates to DTC Participants having Certificates
credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being
registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names registered owners transferring or exchanging Certificates shall designate, in accordance
with the provisions of this Ordinance.
(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to
the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to principal of and interest on such Certificate and all notices with
respect to such Certificate shall be made and given, respectively, in the manner provided in the
representation letter of the Town to DTC.
(i) Cancellation of Initial Certificate. On the Delivery Date, one initial Certificate
representing the entire principal amount of the Certificates, payable in stated installments to the
order of the Underwriter or its designee, executed by manual or facsimile signature of the Mayor
and the Town Secretary, approved by the Attorney General and registered and manually signed by
the Comptroller, will be delivered to the Underwriter or its designee. If the Certificates are sold
subject to the book-entry system of DTC, then upon payment for the initial Certificate, the Paying
Agent/Registrar shall insert the Delivery Date on Certificate No. T-1, cancel the initial Certificate
and deliver to DTC on behalf of the Underwriter one registered definitive Certificate for each year
of maturity of the Certificates, in the aggregate principal amount of all of the Certificates for such
maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying
Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement
between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive
Certificates in safekeeping for DTC.
(j) Conditional Notice of Redemption. With respect to any optional redemption of the
Certificates, unless certain prerequisites to such redemption required by this Ordinance have been
met and moneys sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice may state that said redemption may, at the option
of the Town, be conditional upon the satisfaction of such prerequisites and receipt of such moneys
by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any
prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given
and such prerequisites to the redemption and sufficient moneys are not received, such notice shall
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be of no force and effect, the Town shall not redeem such Certificates and the Paying
Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to
the effect that the Certificates have not been redeemed.
Section 5. FORM OF CERTIFICATES. The form of the Certificate, including the form
of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of
Registration Certificate of the Comptroller of Public Accounts of the State to be attached only to
the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively,
substantially in the form provided in Exhibit A, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance. The Form of Certificate as it appears in
Exhibit A shall be completed, amended and modified by Bond Counsel to incorporate the
information set forth in the Pricing Certificate, but it is not required for the Form of Certificate to
be reproduced as an exhibit to the Pricing Certificate.
Section 6. INTEREST AND SINKING FUND; SURPLUS REVENUES.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established
and maintained by the Town at an official depository bank of said Town. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Town, and shall be
used only for paying the interest on and principal of said Certificates. All amounts received from
the sale of the Certificates as accrued interest shall be deposited upon receipt to the Interest and
Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Certificates
shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year
while any of said Certificates are outstanding and unpaid, the governing body of said Town shall
compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and
produce the money required to pay the interest on said Certificates as such interest comes due, and
to provide and maintain a sinking fund adequate to pay the principal of said Certificates as such
principal matures (but never less than 2% of the original amount of said Certificates as a sinking
fund each year); and said tax shall be based on the latest approved tax rolls of said Town, with full
allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount
of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property
in said Town, for each year while any of said Certificates are outstanding and unpaid, and said tax
shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest
and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of t he interest on
and principal of said Certificates, as such interest comes due and such principal matures, are hereby
pledged for such payment, within the limits prescribed by law.
(b) The Certificates are additionally secured by and payable from a pledge of the
revenues of the Town's combined Waterworks and Sewer Systems remaining after payment of all
operation and maintenance expenses thereof (the "Net Revenues"), and all debt service, reserve
and other requirements in connection with all of the Town's revenue obligations (now or hereafter
outstanding) that are payable from all or part of the Net Revenues of the Town's Waterworks and
Sewer Systems, constituting "Surplus Revenues." The Town shall deposit such Surplus Revenues
to the credit of the Interest and Sinking Fund created pursuant to Section 6, to the extent necessary
to pay the principal and interest on the Certificates. Notwithstanding the requirements of Section
6, if Surplus Revenues are actually on deposit in the Interest and Sinking Fund in advance of the
time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that
otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent
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and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund. The
Town reserves the right, without condition or limitation, to issue other obligations secured in whole
or in part by a parity lien on and pledge of the Surplus Revenues, for any purpose permitted by
law.
(c) Chapter 1208, Government Code, applies to the issuance of the Certificates and the
pledge of the taxes and Surplus Revenues granted by the Town hereunder, and is therefore valid,
effective and perfected. Should State law be amended at any time while the Certificates are
outstanding and unpaid, the result of such amendment being that the pledge of the taxes and
Surplus Revenues granted by the Town hereunder is to be subject to the filing requirements of
Chapter 9, Business and Commerce Code, in order to preserve to the registered owners of the
Certificates a security interest in said pledge, the Town agrees to take such measures as it
determines are reasonable and necessary under State law to comply with the applicable provisions
of Chapter 9, Business and Commerce Code and enable a filing of a security interest in said pledge
to occur.
Section 7. DEFEASANCE OF CERTIFICATES.
(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no
longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the
extent provided in subsection (d) of this Section, when payment of the principal of such Certificate,
plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise)
either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii)
shall have been provided for on or before such due date by irrevocably depositing with or making
available to the Paying Agent/Registrar in accordance with an escrow agreement or other
instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United
States of America sufficient to make such payment or (2) Defeasance Securities that mature as to
principal and interest in such amounts and at such times as will insure the availability, without
reinvestment, of sufficient money to provide for such payment, and when proper arrangements
have been made by the Town with the Paying Agent/Registrar for the payment of its services until
all Defeased Certificates shall have become due and payable. At such time as a Certificate shall
be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest
thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem
taxes herein levied and pledged or the pledge of Surplus Revenues as provided in this Ordinance,
and such principal and interest shall be payable solely from such money or Defeasance Securities.
Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that
any determination not to redeem Defeased Certificates that is made in conjunction with the
payment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that:
(1) in the proceedings providing for such payment arrangements, the Town expressly reserves the
right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that
right to the owners of the Defeased Certificates immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redem ption notices
that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Town be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with
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respect to which such money has been so deposited, shall be turned over to the Town, or deposited
as directed in writing by the Town. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Certificates may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect
to which such money has been so deposited, shall be remitted to the Town or deposited as directed
in writing by the Town.
(c) Subject to any statement to the contrary that may be included in the Pricing
Certificate, the term "Defeasance Securities" means any securities and obligations now or hereafter
authorized by State law that are eligible to refund, retire or otherwise discharge obligations such
as the Certificates.
(d) Until all Defeased Certificates shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased
Certificates the same as if they had not been defeased, and the Town shall make proper
arrangements to provide and pay for such services as required by this Ordinance.
(e) In the event that the Town elects to defease less than all of the principal amount of
Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such
amount of Certificates by such random method as it deems fair and appropriate.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged,
mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed
and delivered, a new certificate of the same principal amount, maturity and interest rate, as the
damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the
manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of
damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner
thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate,
the registered owner applying for a replacement certificate shall furnish to the Town and to the
Paying Agent/Registrar such security or indemnity as may be required by them to save each of
them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or
destruction of a Certificate, the registered owner shall furnish to the Town and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate,
as the case may be. In every case of damage or mutilation of a Certificate, the registered owner
shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or
mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Ordinance,
in the event any such Certificate shall have matured, and no default has occurred that is then
continuing in the payment of the principal of, redemption premium, if any, or interest on the
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Certificate, the Town may authorize the payment of the same (without surrender thereof except in
the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate,
provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any
replacement certificate, the Paying Agent/Registrar shall charge the registered owne r of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen or destroyed shall constitute a contractual obligation of the Town whether or not the
lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and
shall be entitled to all the benefits of this Ordinance equally and proportionately with any an d all
other Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Section
1206.022, Government Code, this Section shall constitute authority for the issuance of any such
replacement certificate without necessity of further action by the governing body of the Town or
any other body or person, and the duty of the replacement of such certificates is hereby authorized
and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate
and deliver such Certificates in the form and manner and with the effect, as provided in Section
3(a) of this Ordinance for Certificates issued in conversion and exchange for other Certificates.
Section 9. CUSTODY, APPROVAL, AND REGISTRAT ION OF CERTIFICATES;
BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE
PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Town is hereby authorized to have control of the Certificates
initially issued and delivered hereunder and all necessary records and proceedings pertaining to
the Certificates pending their delivery and their investigation, examination and approval by the
Attorney General and their registration by the Comptroller. Upon registration of the Certificates,
the Comptroller (or a deputy designated in writing to act for the Comptroller) shall manually sign
the Comptroller's Registration Certificate attached to such Certificates, and the seal of the
Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal
opinion of the Town's Bond Counsel and the assigned CUSIP numbers may, at the option of the
Town, be printed on the Certificates issued and delivered under this Ordinance, but neither shall
have any legal effect, and shall be solely for the convenience and information of the registered
owners of the Certificates. In addition, if bond insurance is obtained, the payment of the insurance
premium is hereby approved and the Certificates may bear an appropriate legend as provided by
the insurer.
(b) The obligation of the Underwriter to accept delivery of the Certificates is subject to
the Underwriter being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Town, which opinion shall be dated as of and delivered on the date of
initial delivery of the Certificates to the Underwriter. The engagement of such firm as bond
counsel to the Town in connection with issuance, sale and delivery of the Certificates is hereby
approved and confirmed.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATES.
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(a) Covenants. The Town covenants to take any action necessary to assure, or refrain
from any action which would adversely affect, the treatment of the Certificates as obligations
described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the
interest on which is not includable in the "gross income" of the holder for purposes of federal
income taxation. In furtherance thereof, the Town covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates or the projects financed therewith (less amounts deposited to a reserve fund,
if any) are used for any "private business use," as defined in section 141(b)(6) of the Code
or, if more than 10 percent of the proceeds or the projects financed therewith are so used,
such amounts, whether or not received by the Town, with respect to such private business
use, do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Certificates, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or
the projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" which is "related" and
not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the
governmental use;
(3) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into
a reserve fund, if any) is directl y or indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action which would otherwise result in the
Certificates being treated as "private activity bonds" within the meaning of section 141(b)
of the Code;
(5) to refrain from taking any action that would result in the Certificates being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Certificates, directly
or indirectly, to acquire or to replace funds which were used, directly or indirectly, to
acquire investment property (as defined in section 148(b)(2) of the Code) which produces
a materially higher yield over the term of the Certificates, other than investment property
acquired with B
(A) proceeds of the Certificates invested for a reasonable temporary
period of 3 years or less or, in the case of a refunding bond, for a period of 90 days
or less until such proceeds are needed for the purpose for which the bonds are
issued,
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(B) amounts invested in a bona fide debt service fund, within the
meaning of section l.148 1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Certificates;
(7) to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of section 148 of the Code (relating to arbitrage);
(8) to refrain from using the proceeds of the Certificates or proceeds of any
prior bonds to pay debt service on another issue more than 90 days after the date of issue
of the Certificates in contravention of the requirements of section 149(d) of the Code
(relating to advance refundings); and
(9) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates) an amount that is at least equal
to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code
and to pay to the United States of America, not later than 60 days after the Certificates have
been paid in full, 100 percent of the amount then required to be paid as a result of Excess
Earnings under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (8), a
"Rebate Fund" is hereby established by the Town for the sole benefit of the United States of
America, and such fund shall not be subject to the claim of any other person, including without
limitation the bondholders. The Rebate Fund is established for the additional purpose of
compliance with section 148 of the Code.
(c) Use of Proceeds. The Town understands that the term "proceeds" includes
"disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Certificates. It is the understanding of the Town that the covenants contained
herein are intended to assure compliance with the Code and any regulations or rulings promulgated
by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings
are hereafter promulgated which modify or expand provisions of the Code, as applicable to the
Certificates, the Town will not be required to comply with any covenant contained herein to the
extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which
impose additional requirements which are applicable to the Certificates, the Town agrees to
comply with the additional requirements to the extent necessary, in the opinion of nationally
recognized bond counsel, to preserve the exemption from federal income taxation of interest on
the Certificates under section 103 of the Code. In furtherance of such intention, the Town hereby
authorizes and directs the Mayor, the Mayor Pro Tem, the Finance Director, the Town Secretary
and each Pricing Officer to execute any documents, certificates or reports required by the Code
and to make such elections, on behalf of the Town, which may be permitted by the Code as are
consistent with the purpose for the issuance of the Certificates.
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(d) Allocation of, and Limitation on, Expenditures for the Projects. The Town
covenants to account for the expenditure of sale proceeds and investment earnings to be used for
the Projects on its books and records in accordance with the requirements of the Code. The Town
recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the
proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the
expenditure is made, or (2) the Projects are completed; but in no event later than three years after
the date on which the original expenditure is paid. The foregoing notwithstanding, the Town
recognizes that in order for proceeds to be expended under the Code, the sale proceeds or
investment earnings must be expended no more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired. The Town
agrees to obtain the advice of nationally-recognized bond counsel if such expenditure fails to
comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt
status of the Certificates. For purposes hereof, the Town shall not be obligated to comply with this
covenant if it obtains an opinion that such failure to comply will not adversely affect the
excludability for federal income tax purposes from gross income of the interest.
(e) Disposition of the Projects. The Town covenants that the property constituting the
Projects will not be sold or otherwise disposed in a transaction resulting in the receipt by the Town
of cash or other compensation, unless any action taken in connection with such disposition will
not adversely affect the tax-exempt status of the Certificates. For purpose of the foregoing, the
Town may rely on an opinion of nationally-recognized bond counsel that the action taken in
connection with such sale or other disposition will not adversely affect the tax-exempt status of
the Certificates. For purposes of the foregoing, the portion of the property comprising personal
property and disposed in the ordinary course shall not be treated as a transaction resulting in the
receipt of cash or other compensation. For purposes hereof, the Town shall not be obligated to
comply with this covenant if it obtains an opinion that such failure to comply will not adversely
affect the excludability for federal income tax purposes from gross income of the interest.
Section 11. SALE OF CERTIFICATES; OFFICIAL STATEMENT. (a) The Certificates
shall be sold and delivered subject to the provisions hereof and pursuant to the terms and provisions
of a bond purchase agreement, notice of sale and bidding instructions or private placement
agreement (collectively and individually, the "Purchase Agreement"), each of which the Pricing
Officer is hereby authorized to execute and deliver and in which the Underwriter shall be
designated. The Certificates shall initially be registered in the name of the Underwriter, unless
otherwise set forth in the Pricing Certificate.
(b) The Pricing Officer is hereby authorized, in the name and on behalf of the Town, to
approve the distribution and delivery of a preliminary official statement and a final official
statement relating to the Certificates to be used by the Underwriter in the marketing of the
Certificates, if applicable.
Section 12. FURTHER PROCEDURES; ENGAGEMENT OF BOND COUNSEL;
ATTORNEY GENERAL FILING FEE; APPROPRIATION. (a) The Mayor, the Mayor Pro Tem,
the Finance Director, the Town Secretary and each Pricing Officer, individually or jointly, shall
be and they are hereby expressly authorized, empowered and directed from time to time and at any
time to do and perform all such acts and things and to execute, acknowledge and deliver in the
name and under the corporate seal and on behalf of the Town such documents, certificates and
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instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry
out the terms and provisions of this Ordinance, the Letter of Representations, the Certificates and
the sale of the Certificates. In addition, prior to the delivery of the Certificates, the Mayor, the
Mayor Pro Tem, the Finance Director, the Town Secretary and each Pricing Officer are each
hereby authorized and directed to approve any changes or corrections to this Ordinance or to any
of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity,
formal defect, or omission in this Ordinance or such other document, or (ii) as requested by the
Attorney General or his representative to obtain the approval of the Certificates by the Attorney
General. In case any officer whose signature shall appear on any Certificate shall cease to be such
officer before the delivery of such Certificate, such signature shall nevertheless be valid and
sufficient for all purposes the same as if such officer had remained in office until such delivery.
(b) The obligation of the Underwriter to accept delivery of the Certificates is subject to the
Underwriter being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Town, which opinion shall be dated as of and delivered on the Delivery
Date. The engagement of such firm as bond counsel to the Town in connection with issuance, sale
and delivery of the Certificates is hereby approved and confirmed.
(c) To pay the debt service coming due on the Certificates, if any (as determined by the
Pricing Certificate) prior to receipt of the taxes levied to pay such debt service, there is hereby
appropriated from current funds on hand, which are hereby certified to be on hand and available
for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for
no other purpose.
(d) In accordance with the provisions of Section 1202.004, Texas Government Code, in
connection with the submission of the Certificates to the Attorney General for review and approval,
a statutory fee (an amount equal to 0.1% principal amount of the Certificates, subject to a minimum
of $750 and a maximum of $9,500) is required to be paid to the Attorney General upon the
submission of the transcript of proceedings for the Certificates. The Town hereby authorizes and
directs that a check in the amount of the Attorney General filing fee for the Certificates, made
payable to the "Texas Attorney General," be promptly furnished to the Town's Bond Counsel, for
payment to the Attorney General in connection with his review of the Certificates.
Section 13. COMPLIANCE WITH RULE 15c2 -12. (a) If the Certificates are sold by
public offering, and are subject to the Rule (as defined below), the following provisions shall apply,
unless modified by the Pricing Officer in the Pricing Certificate:
(i) Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
"Financial Obligation" means a: (a) debt obligation; (b) derivative instrument entered into
in connection with, or pledged as security or a source of payment for, an existing or planned debt
obligation; or (c) a guarantee of the foregoing (a) and (b). The term Financial Obligation does not
include any municipal securities as to which a final official statement has been provided to the
MSRB consistent with the Rule.
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its
functions under the Rule.
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"Rule" means SEC Rule 15c2 12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
(ii) Annual Reports. (A) The Town shall provide annually to the MSRB, within the
timeframe set forth in the Pricing Certificate, in the electronic format prescribed by the MSRB,
certain updated financial information and operating data pertaining to the Town, being the
information described in the Pricing Certificate.
(B) Any financial information described in the Pricing Certificate to be
provided shall be (i) prepared in accordance with the accounting principles described in the
financial statements of the Town appended to the Official Statement, or such other
accounting principles as the Town may be required to employ from time to time pursuant
to state law or regulation, and (ii) audited, if the Town commissions an audit of such
statements and the audit is completed within the period during which they must be
provided. If the audit of such financial statements is not completed within the period set
forth in the Pricing Certificate, then the Town shall provide unaudited financial information
of the type described in the Pricing Certificate within such period, and audited financial
statements for the applicable fiscal year to the MSRB, when and if the audit report on such
statements becomes available.
(C) If the Town changes its fiscal year, it will notify the MSRB of the change
(and of the date of the new fiscal year end) prior to the next date by which the Town
otherwise would be required to provide financial information and operating data pursuant
to this Section.
(D) All financial information, operating data, financial statements and notices
required by this Section to be provided to the MSRB shall be provided in an electronic
format and be accompanied by identifying information prescribed by the MSRB. Financial
information and operating data to be provided pursuant to this Section may be set forth in
full in one or more documents or may be included by specific reference to any document
(including an official statement or other offering document) available to the public on the
MSRB's Internet Web site or filed with the SEC.
(iii) Event Notices. The Town shall notify the MSRB, in a timely manner not in excess
of ten business days after the occurrence of the event, of any of the following events with respect
to the Certificates:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults, if material;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB), or other material notices or determinations with
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respect to the tax status of the Certificates, or other material events affecting
the tax status of the Certificates;
(7) Modifications to rights of holders of the Certificates, if material;
(8) Certificate calls, if material, and tender offers;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the
Certificates, if material;
(11) Rating changes;
(12) Bankruptcy, insolvency, receivership, or similar event of the Town;
(13) The consummation of a merger, consolidation, or acquisition involving the
Town or the sale of all or substantially all of the assets of the Town, other
than in the ordinary course of business, the entry into of a definitive
agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material; and
(14) Appointment of a successor or additional paying agent/registrar or the
change of name of a paying agent/registrar, if material;
(15) Incurrence of a Financial Obligation of the Town, if material, or agreement
to covenants, events of default, remedies, priority rights, or other similar
terms of a Financial Obligation of the Town, any of which affect security
holders, if material; and
(16) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a Financial Obligation of the Town,
any of which reflect financial difficulties.
For these purposes, (a) any event described in the immediately preceding paragraph (12) is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the Town in a proceeding under the United States Bankruptcy Code or in any
other proceeding under state or federal law in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of the Town, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers of the Town in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the Town, and (b) the Town intends the words used in the immediately preceding
paragraphs (15) and (16) and the definition of Financial Obligation in this Section to have the same
meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated
August 20, 2018.
The Town shall notify the MSRB, in a timely manner, of any failure by the Town to provide
financial information or operating data in accordance with subsection (a)(ii) of this Section by the
time required by subsection (a)(ii).
(iv) Limitations, Disclaimers and Amendments. (A) The Town shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the Town remains an "obligated person" with respect to the Certificates within the meaning of the
Rule, except that the Town in any event will give notice of any deposit made in accordance with
this Ordinance or applicable law that causes the Certificates no longer to be outstanding.
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(B) The provisions of this Section are for the sole benefit of the registered
owners and beneficial owners of the Certificates, and nothing in this Section, express or
implied, shall give any benefit or any legal or equitable right, remedy, or claim hereu nder
to any other person. The Town undertakes to provide only the financial information,
operating data, financial statements, and notices which it has expressly agreed to provide
pursuant to this Section and does not hereby undertake to provide any other information
that may be relevant or material to a complete presentation of the Town's financial results,
condition, or prospects or hereby undertake to update any information provided in
accordance with this Section or otherwise, except as expressly provided herein. The Town
does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Certificates at any future date.
(C) UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO
THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR
ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH BY THE TOWN, WHETHER
NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH
PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(D) No default by the Town in observing or performing its obligations under
this Section shall comprise a breach of or default under the Ordinance for purposes of any
other provision of this Ordinance. Nothing in this Section is intended or shall act to
disclaim, waive, or otherwise limit the duties of the Town under federal and state securities
laws.
(E) The provisions of this Section may be amended by the Town from time to
time to adapt to changed circumstances that arise from a change in legal requirements, a
change in law, or a change in the identity, nature, status, or type of operations of the Town,
but only if (1) the provisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Certificates in the primary offering of the Certificates in
compliance with the Rule, taking into account any amendments or interpretations of the
Rule since such offering as well as such changed circumstances and (2) either (a) the
registered owners of a majority in aggregate principal amount (or any greater amount
required by any other provision of this Ordinance that authorizes such an amendment) of
the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated
with the Town (such as nationally recognized bond counsel) determined that such
amendment will not materially impair the interest of the registered owners and beneficial
owners of the Certificates. If the Town so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided in
accordance with subsection (b) of this Section an explanation, in narrative form, of the
reason for the amendment and of the impact of any change in the type of financial
information or operating data so provided. The Town may also amend or repeal the
provisions of this continuing disclosure agreement if the SEC amends or repeals the
applicable provision of the Rule or a court of final jurisdiction enters judgment that such
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provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter from lawfully purchasing or selling Certificates
in the primary offering of the Certificates.
(b) If the Certificates are sold by private placement, the Pricing Officer may agree to
provide for an undertaking in accordance with the Rule or may agree to provide other public
information to the Underwriter as may be necessary for the sale of the Certificates on the most
favorable terms to the Town.
Section 14. METHOD OF AMENDMENT. The Town hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
(a) The Town may from time to time, without the consent of any holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i)
cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect
the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii)
add events of default as shall not be inconsistent with the provisions of this Ordinance and that
shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under
the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from
time to time in effect, or (v) make such other provisions in regard to matters or questions arising
under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that
shall not in the opinion of the Town's Bond Counsel materially adversely affect the interests of the
holders.
(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating
a majority of the aggregate principal amount of then outstanding Certificates that are the subject
of a proposed amendment shall have the right from time to time to approve any amendment hereto
that may be deemed necessary or desirable by the Town; provided, however, that without the
consent of 100% of the holders in aggregate principal amount of the then outstanding Certificates,
nothing herein contained shall permit or be construed to permit amendment of the terms and
conditions of this Ordinance or in any of the Certificates so as to:
(1) Make any change in the maturity of any of the outstanding Certificates;
(2) Reduce the rate of interest borne by any of the outstanding Certificates;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on any outstanding Certificates;
(4) Modify the terms of payment of principal or of interest or redemption
premium on outstanding Certificates or any of them or impose any
condition with respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of
Certificates necessary for consent to such amendment.
(c) If at any time the Town shall desire to amend this Ordinance under subsection (b)
of this Section, the Town shall send by U.S. mail to each registered owner of the affected
Certificates a copy of the proposed amendment.
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(d) Whenever at any time within one year from the date of mailing of such notice the
Town shall receive an instrument or instruments executed by the holders of at least a majority in
aggregate principal amount of all of the Certificates then outstanding that are required for the
amendment, which instrument or instruments shall refer to the proposed amendment and that shall
specifically consent to and approve such amendment, the Town may adopt the amendment in
substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Town and all
holders of such affected Certificates shall thereafter be determined, exercised, and enforced,
subject in all respects to such amendment.
(f) Any consent given by the holder of a Certificate pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of the mailing of the notice
provided for in this Section, and shall be conclusive and binding upon all future holders of the
same Certificate during such period. Such consent may be revoked at any time after six months
from the date of the mailing of said notice by the holder who gave such consent, or by a successor
in title, by filing notice with the Town, but such revocation shall not be effective if the holders of
a majority in aggregate principal amount of the affected Certificates then outstanding, have, prior
to the attempted revocation, consented to and approved the amendment.
(g) For the purposes of establishing ownership of the Certificates, the Town shall rely
solely upon the registration of the ownership of such Certificates on the registration books kept by
the Paying Agent/Registrar.
Section 15. DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of
this Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Certificates when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Town, the failure to perform which materially, adversely affects the rights of the
registered owners of the Certificates, including, but not limited to, their prospect or ability to be
repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after
notice of such default is given by any Registered Owner to the Town.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any
Registered Owner or an authorized representative thereof, including, but not limited to, a trustee
or trustees therefor, may proceed against the Town for the purpose of protecting and enforcing the
rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special
proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by
law, including the specific performance of any covenant or agreement contained herein, or thereby
to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners
hereunder or any combination of such remedies.
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(ii) It is provided that all such proceedings shall be instituted and maintained for
the equal benefit of all Registered Owners of Certificates then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or under the Certificates or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a
remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed
a waiver of any other available remedy.
(iii) By accepting the delivery of a Certificate authorized under this Ordinance,
such Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to a
personal or pecuniary liability or charge against the officers, employees or trustees of the Town or
the Council.
Section 16. INTEREST EARNINGS ON CERTIFICATE PROCEEDS; USE OF
PREMIUM RECEIVED FROM SALE OF CERTIFICATES. (a) Interest Earnings. Interest
earnings derived from the proceeds that are deposited to the Capital Projects Fund (defined below)
shall be retained therein and used for the purposes for which the Certificates were issued, provided
that after the completion of such purposes, any amounts remaining therein shall be depos ited to
the Interest and Sinking Fund for the Certificates. It is further provided, however, that any interest
earnings on Certificate proceeds that are required to be rebated to the United States of America
pursuant to this Ordinance in order to prevent the Certificates from being arbitrage bonds shall be
so rebated and not considered as interest earnings for purposes of this Section.
(b) Use of Certificate Premium. The net premium received from the sale of the
Certificates shall be applied as determined by the Pricing Officer in the Pricing Certificate.
(c) Establishment of Construction Fund.
(i) The Town has heretofore created and established, and hereby covenants to
continue to maintain on the books of the Town, a separate fund entitled the "Capital
Projects Fund" (the "Capital Projects Fund") for use by the Town for payment of all lawful
costs associated with the Projects. Proceeds of the Certificates in the amount determined
by the Pricing Officer in the Pricing Certificate shall be deposited into the Capital Projects
Fund. Upon payment of all Project costs, any Certificate proceeds remaining on deposit in
the Capital Projects Fund shall be transferred to the Interest and Sinking Fund. Amounts
so deposited to the Interest and Sinking Fund shall be used in the manner described in this
Ordinance.
(ii) The Town may place proceeds of the Certificates (including investment
earnings thereon) and amounts deposited into the Interest and Sinking Fund in investments
authorized by the Public Funds Investment Act, Chapter 2256, Texas Government Code,
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as amended; provided, however, that the Town hereby covenants that the proceeds of the
sale of the Certificates will be used as soon as practicable for the Projects.
(iii) All deposits authorized or required by this Ordinance shall be secured to the
fullest extent required by law for the security of public funds.
Section 17. EFFECTIVE DATE. In accordance with the provisions of Texas Government
Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the
Council.
Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase
or word in this Ordinance, or application thereof to any persons or circumstances is held invalid
or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity
of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 19. APPROPRIATION. To pay the debt service coming due on the Certificates,
if any (as determined by the Pricing Certificate) prior to receipt of the taxes levied to pay such debt
service, there is hereby appropriated from current funds on hand, which are hereby certified to be
on hand and available for such purpose, an amount sufficient to pay such debt service, and such
amount shall be used for no other purpose.
[Execution page follows]
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DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 22ND DAY OF AUGUST, 2023.
____________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
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Exhibit A
FORM OF CERTIFICATES
(a) The form of the Certificate, including the form of Paying Agent/Registrar's
Authentication Certificate, the form of Assignment and the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be attached only to the Certificates initially
issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows,
with such appropriate variations, omissions, or insertions as are permitted or required by this
Ordinance and with the Certificates to be completed with information set forth in the Pricing
Certificate. The Form of Certificate as it appears in this Exhibit A shall be completed, amended
and modified by Bond Counsel to incorporate the information set forth in the Pricing Certificate,
but it is not required for the Form of Certificate to be reproduced as an exhibit to the Pricing
Certificate.
NO. R-__
UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF PROSPER, TEXAS,
COMBINATION TAX AND SURPLUS
REVENUE CERTIFICATE OF OBLIGATION,
SERIES 2023
PRINCIPAL
AMOUNT
$________
Interest Rate
Delivery Date
Maturity Date
CUSIP No.
_____%
[September 26], 2023
August 15, 20__
REGISTERED OWNER:
PRINCIPAL AMOUNT:
ON THE MATURITY DATE specified above, the Town of Prosper, located in Collin and
Denton Counties, Texas (the "Town"), being a political subdivision and municipal corporation of
the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered
assigns (hereinafter called the "Registered Owner"), the Principal Amount specified above. The
Town promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a
360-day year of twelve 30-day months) from the Delivery Date above at the Interest Rate per
annum specified above. Interest is payable on [February 15, 2024 and semiannually on each
August 15 and February 15] thereafter to the Maturity Date specified above, or the date of
redemption prior to maturity; except, if this Certificate is required to be authenticated and the date
of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount
shall bear interest from the interest payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following
interest payment date; provided, however, that if on the date of authentication hereof the interest
on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but
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has not been paid, then this Certificate shall bear interest from the date to which such interest has
been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money
of the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the principal
corporate trust office of [U.S. Bank Trust Company, National Association, Dallas], Texas, which
is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate
shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest
payment date by check or draft, dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Town required by the ordinance
authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the
Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be
sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such
interest payment date, to the registered owner hereof, at its address as it appeared on the [last
business day] of the month preceding each such date (the "Record Date") on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be
paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk
and expense of, the registered owner. In the event of a non -payment of interest on a scheduled
payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special
Record Date") will be established by the Paying Agent/Registrar, if and when funds for the
payment of such interest have been received from the Town. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on
the Registration Books at the close of business on the last business day next preceding the date of
mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate
prior to maturity as provided herein shall be paid to the registered owner upon presentation and
surrender of this Certificate for redemption and payment at the principal corporate trust office of
the Paying Agent/Registrar. The Town covenants with the registered owner of this Certificate that
on or before each principal payment date, interest payment date, and accrued interest payment date
for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and
Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the
payment, in immediately available funds, of all principal of and interest on the Certificates, when
due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day that is
not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
Page 123
Item 11.
A-3
THIS CERTIFICATE is dated [August 15], 2023, and is authorized in accordance with the
Constitution and laws of the State of Texas in the principal amount of $_____ for paying all or a
portion of the Town's contractual obligations incurred in connection with (i) acquiring,
constructing, installing and equipping additions, improvements, extensions and equipment for the
Town’s waterworks and sewer system and the acquisition of land and rights-of-way therefor and
(ii) paying legal, fiscal and engineering fees in connection with such projects.
ON [AUGUST 15, 2033], or any date thereafter, the Certificates of this series may be
redeemed prior to their scheduled maturities, at the option of the Town, with funds derived from
any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates,
or portions thereof, to be redeemed shall be selected and designated by the Town (provided that a
portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption
price equal to the principal amount to be redeemed plus accrued interest to the date fixed for
redemption.
AT LEAST THIRTY days prior to the date fixed for any redemption of Certificates or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid to the registered owner of each
Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption
date; provided, however, that the failure of the registered owner to receive such notice, or any
defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of
the proceedings for the redemption of an y Certificate. By the date fixed for any such redemption
due provision shall be made with the Paying Agent/Registrar for the payment of the required
redemption price for the Certificates or portions thereof that are to be so redeemed. If such written
notice of redemption is sent and if due provision for such payment is made, all as provided above,
the Certificates or portions thereof that are to be so redeemed thereby automatically shall be treated
as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed
for redemption, and they shall not be regarded as being outstanding except for the right of the
registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds
provided for such payment. If a portion of any Certificate shall be redeemed, a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written request of the
registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the
Town, all as provided in the Certificate Ordinance.
WITH RESPECT TO ANY OPTIONAL REDEMPTION OF THE CERTIFICATES,
unless certain prerequisites to such redemption required by the Certificate Ordinance have been
met and money sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed will have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice may state that said redemption may, at the option
of the Town, be conditional upon the satisfaction of such prerequisites and receipt of such money
by the Paying Agent/Registrar on or prior to the date fixed for such redemption or upon any
prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given
and such prerequisites to the redemption are not fulfilled, such notice will be of no force and effect,
the Town will not redeem such Certificates, and the Paying Agent/Registrar will give notice in the
manner in which the notice of redemption was given, to the effect that such Certificates have not
been redeemed.
Page 124
Item 11.
A-4
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, in the principal denomination of any integral multiple of $5,000. As
provided in the Certificate Ordinance, this Certificate may, at the request of the registered owner
or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a
like aggregate principal amount of fully registered certificates, without interest coupons, payable
to the appropriate registered owner, assignee or assignees, as the case may be, having the same
denomination or denominations in any integral multiple of $5,000 as requested in writing by the
appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this
Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Certificate Ordinance. Among other requirements for such assignment
and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar,
together with proper instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion
or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name
or names this Certificate or any such portion or portions hereof is or are to be registered. The form
of Assignment printed or endorsed on this Certificate may be executed by the registered owner to
evidence the assignment hereof, but such method is not exclusive, and other instruments of
assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of
this Certificate or any portion or portions hereof from time to time by the registered owner. The
Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning,
transferring, converting and exchanging any Certificate or portion thereof will be paid by the
Town. In any circumstance, any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as
a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be
required to make any such transfer, conversion or exchange of any Certificates during the period
commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment date or, with respect to any Certificate
or any portion thereof called for redemption prior to maturity, within 45 days prior to its
redemption date; provided, however, such limitation on transfer shall not be applicable to an
exchange by the registered owner of the uncalled balance of a Certificate called for redemption in
part.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Town,
resigns, or otherwise ceases to act as such, the Town has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued and delivered; that all acts, conditions and things required or proper to
be performed, exist and be done precedent to or in the authorization, issuance and delivery of this
Certificate have been performed, existed and been done in accordance with law; that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied and ordered
to be levied against all taxable property in said Town, and have been pledged for such payment,
within the limits prescribed by law, and that this Certificate is additionally secured by and payable
from a pledge of the Surplus Revenues of the System remaining after payment of all operation and
maintenance expenses thereof, and all debt service, reserve, and other requirements in connection
with all of the Town's revenue bonds or other obligations (now or hereafter outstanding) which are
Page 125
Item 11.
A-5
payable from all or any part of the net revenues of the System, all as provided in the Certificate
Ordinance.
THE TOWN HAS RESERVED THE RIGHT to amend the Certificate Ordinance as
provided therein, and under some (but not all) circumstances amendments thereto must be
approved by the registered owners of a majority in aggregate principal amount of the outstanding
Certificates.
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Town, and
agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a
contract between each registered owner hereof and the Town.
IN WITNESS WHEREOF, the Town has caused this Certificate to be signed with the
manual or facsimile signature of the Mayor of the Town and countersigned with the manual or
facsimile signature of the Town Secretary of said Town, and has caused the official seal of the
Town to be duly impressed, or placed in facsimile, on this Certificate.
Town Secretary Mayor
Town of Prosper, Texas Town of Prosper, Texas
(Town Seal)
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the
Certificate Ordinance described in the text of this Certificate; and that this Certificate has been
issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion
of a certificate or certificates of a series that originally was approved by the Attorney General of
the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated: _______________. [U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, Dallas, Texas]
Paying Agent/Registrar
By: _________________________________
Authorized Representative
Page 126
Item 11.
A-6
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto:
_____________________________________________________________
Please insert Social Security or Taxpayer Identification Number of Transferee
_____________________________________________________________
Please print or type name and address, including zip code of Transferee
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints:
____________________________________, attorney, to register the transfer of the within
Certificate on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating in
a securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this
Certificate in every particular, without
alteration or enlargement or any change
whatsoever.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. __________
I hereby certify that this Certificate has been examined, certified as to validity and approved
by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this _______________.
_________________________________
Comptroller of Public Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
(b) Initial Certificate Insertions.
(i) The initial Certificate shall be in the form set forth is paragraph (a) of this
Section, except that:
Page 127
Item 11.
A-7
A. immediately under the name of the Certificate, the headings
"Interest Rate" and "Maturity Date" shall both be completed with
the words "As shown below" and "CUSIP No. _____" shall be
deleted.
B. the first paragraph shall be deleted and the following will be
inserted:
"THE TOWN OF PROSPER, TEXAS, in Collin and Denton Counties, Texas (the
"Town"), being a political subdivision and municipal corporation of the State of Texas, hereby
promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called
the "Registered Owner"), on [August 15] in each of the years, in the principal amounts and bearing
interest at the per annum rates set forth in the following schedule
Maturity
Date
Principal
Amount
Interest
Rate
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
The Town promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from the Delivery Date above, at the respective
Interest Rate per annum specified above. Interest is payable on [February 15, 2024 and
semiannually on each August 15 and February 15] thereafter to the date of payment of the principal
installment specified above, or the date of redemption prior to maturity; except, that if this
Certificate is required to be authenticated and the date of its authentication is later than the first
Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest
payment date next preceding the date of authentication, unless such date of authentication is after
any Record Date but on or before the next following interest payment date, in which case such
Page 128
Item 11.
A-8
principal amount shall bear interest from such next following interest payment date; provided,
however, that if on the date of authentication hereof the interest on the Certificate or Certificates,
if any, for which this Certificate is being exchanged is due but has not been paid, then this
Certificate shall bear interest from the date to which such interest has been paid in full."
C. The initial Certificate shall be numbered "T-1."
Page 129
Item 11.
SMTWTFS SMTWTFS SMTWTFS SMTWTFS
123 1 12345 12
45678910 2345678 6789101112 3456789
11121314151617 9 101112131415 13141516171819 10111213141516
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23
25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30
30 31
Complete
By Day Event
27-Jun-23 Tuesday Town Council approves publication of Notice of Intent for the
Certificates. Publication will occur in the Town's paper of record.
10-Jul-23 Monday Draft CO Official Statement distributed to the Town and
Bond Counsel
12-Jul-23 Wednesday 1st publication of Notice of Intent for Certificates
17-Jul-23 Monday HilltopSecurities receives comments on CO Official Statement
19-Jul-23 Wednesday 2nd publication of Notice of Intent for Certificates
22-Aug-23 Tuesday Town Council consideration of Certificates of Obligation Parameter
Ordinance*
Wednesday Electronically mail CO Official Statement to potential purchasers**
28-Aug-23 Monday Earliest day for pricing of COs; Pricing Officer adopts final pricing**
or after
26-Sep-23 Tuesday Earliest date for CO closing and delivery of funds to the Town**
or after
* Pricing must occur within 90 days of Council approval of the CO parameter ordinance.
** Date is preliminary, subject to change.
23-Aug-23
Town of Prosper, TX
Certificates of Obligation, Series 2023 Issuance
Preliminary Schedule of Events (as of June 22, 2023)
Jun-23 Jul-23 Aug-23 Sep-23
Page 130
Item 11.
EXHIBIT B
Project Name CO Issuance
Water Projects
DNT (PT - Frontier), Frontier (DNT - PISD Stadium): 12” WL (Easements) 2151-WA $2,000,000
DNT (PT - Frontier), Frontier (DNT - PISD Stadium): 12” WL (Construction) 2151-WA $2,500,000
Wastewater Projects
Upper Doe Branch WW Line (Teel-PISD Stadium): (Construction) 2152-WW $4,025,000
TOTAL CO ISSUANCE $8,525,000
Page 131
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director
Through: Mario Canizares, Town Manager
Re: Legislative Update
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Receive an update on the 2023 Texas Legislative Session.
Description of Agenda Item:
In January 2023, the Town Council adopted a Legislative Agenda that defines issues that have
been identified as top priorities for the Town:
Transportation and Infrastructure
Land Development
Economic Development
Public Safety
Fiscal Management
Broadband Access
Water Resources
Recreational and Cultural Resources
Open Government
Elections
Preemption of Local Authority
Using the Legislative Agenda as a communication tool, the Council Legislative Subcommittee, our
Legislative Consultants, and designated staff worked throughout the legislative session to convey
the Town’s position on key issues to our legislators in Austin.
The Texas Legislature adjourned the 88th Legislative Session in May of 2023, followed by two
Special Sessions, the latest of which concluded in July. Over 8,300 bills were filed during th e
2023 session, and of the 1,258 bills that passed, 230 specifically impact cities and towns. Some
of the bills will require further study and may require a determination by the courts before their
impacts can be fully understood. Others are relatively straightforward and may require either a
policy, ordinance, or operational change to comply with the new statute. Several bills are
dependent on an associated ballot proposition which will be determined by voters as part of the
November 7, 2023 Constitutional Amendment Election.
COMMUNICATIONS &
COMMUNITY
ENGAGEMENT
Page 132
Item 12.
Page 2 of 2
Town staff are already working with the Town Attorney to make necessary adjustments to the
Town’s ordinances and policies to ensure the Town complies with the new statutes. The Council
will be asked to consider proposed changes to various Town ordinances and fees at future Council
meetings.
The Town’s Legislative Consultants will provide an overview of the 2023 Legislative Session,
including a summary of key legislation affecting the Town. Strategies to continue the Town’s
legislative efforts throughout the year will also be discussed.
Attached Documents:
1. 2023 Legislative Agenda
Town Staff Recommendation:
Town staff requests Council’s feedback and comments on the Town’s legislative efforts. No action
is required on this item.
Page 133
Item 12.
LEGISLATIVE
AGENDA
2023
250 W. First Street, Prosper TX
TOWN OF PROSPER
prospertx.gov
88TH LEGISLATIVE SESSION
January 10, 2023
Resolution No. 2023-01
Page 134
Item 12.
Transportation and Infrastructure..................................................................................5
Land Development...........................................................................................................5
Economic Development..................................................................................................5
Public Safety....................................................................................................................6
Fiscal Management.........................................................................................................6
Broadband Access..........................................................................................................6
Water Resources.............................................................................................................7
Recreational and Cultural Resources...........................................................................7
Open Government...........................................................................................................7
Elections..........................................................................................................................8
Preemption of Local Authority......................................................................................8
I. Prosper Town Council........................................................................................................3
II. Legislative Philosophy......................................................................................................4
III. Legislative Priorities.........................................................................................................5
IV. About the Town of Prosper............................................................................................9
Table of Contents
Page 135
Item 12.
Charles Cotten
Council Member, Place 6
ccotten@prospertx.gov
Prosper Town Council
Prosper Town Council
The Town of Prosper is a Home Rule Charter Town consisting of a mayor and six council members who
are elected at-large for three-year terms.
Marcus E. Ray
Council Member, Place 1
mray@prospertx.gov
David F. Bristol
Mayor
dbristol@prospertx.gov
Craig Andres
Council Member, Place 2
Deputy Mayor Pro-Tem
candres@prospertx.gov
Amy Bartley
Council Member, Place 3
abartley@prospertx.gov
Chris Kern
Council Member, Place 4
ckern@prospertx.gov
Jeff Hodges
Council Member, Place 5
Mayor Pro-Tem
jhodges@prospertx.gov
3
Council Legislative Subcommittee
David F. Bristol
Mayor
dbristol@prospertx.gov
Craig Andres
Deputy Mayor Pro-Tem
candres@prospertx.gov Page 136
Item 12.
The following Legislative Agenda represents the Town of Prosper’s legislative initiatives and priorities for
the 88th Texas Legislative Session and establishes the Town’s position on key legislative issues. The
Town of Prosper is committed to providing efficient and effective municipal government services to its
residents, businesses, visitors, and community stakeholders.
Municipalities represent the level of government that is closest to the people, and local officials are best
equipped to determine the unique needs of their communities. The Town of Prosper bears the primary
responsibility for providing capital infrastructure, public safety, recreational and cultural activities, and
other municipal services in response to the needs and preferences of Town residents. Therefore, the
Town will support legislation that protects home rule authority, advances the principles of local decision-
making, and enhances the health, safety and welfare of its residents in the spirit of self-governance.
Conversely, the Town will oppose legislation that preempts or erodes municipal authority on local
matters or impedes the Town’s ability to allocate resources to locally-determined projects and services.
Town of Prosper residents desire and expect exceptional municipal services. They want a high quality of
life that is delivered through a beautiful and functional parks system, a variety of cultural amenities,
exceptional public safety services, well-maintained roads, and outstanding Town facilities. The elected
and appointed officials who represent the Town of Prosper are committed to preserving the Town’s
ability to provide the public goods and services our residents desire through revenue sources that are
approved at the local level and free from state-mandated limitations.
The Town of Prosper’s highest priority is to preserve the ability of locally-elected officials to govern and
respond effectively and efficiently to the individual and market-driven needs of its residents, businesses,
and stakeholders, according to the unique needs of the community.
Throughout this document, it is understood that a position statement supporting a legislative action also
establishes opposition to legislative measures that would have the opposite effect.
Legislative Philosphy
LEGISLATIVE PHILOSPHY
4
Page 137
Item 12.
Support legislation that seeks to fund local transportation and
infrastructure projects.
Support legislation that provides funding to maintain and
rehabilitate existing and aging infrastructure.
Support legislation that promotes innovative financing tools
and greater flexibility in the funding of the construction,
rehabilitation, and maintenance of local transportation and
infrastructure projects.
Support legislation that promotes pay-as-you-go financing for
capital projects by authorizing a dedicated property tax rate
that is classified similarly to the debt service tax rate in
property tax rate calculations.
Legislative Priorities
Support legislation that seeks to repeal, or makes beneficial
amendments to, H.B. 2439 from the 86th legislative session
(the building materials bill), which excessively prohibits the
Town from regulating building products, materials, or methods
used in the construction of residential and commercial
structures.
Support legislation that seeks to limit state intrusion in the land
development process by making beneficial amendments to
H.B. 3167 from the 86th legislative session regarding
subdivision platting procedures (the 30-day shot clock bill).
Oppose legislation that preempts or would otherwise erode
municipal authority related to land use and zoning, local
amendments to building codes, local building permit fees, tree
preservation, short-term rentals, and eminent domain.
Support legislation that preserves all economic development
programs and tools currently available under state law.
Support legislation and programs that help municipalities
attract and retain new and existing businesses.
Support legislation that promotes new and innovative financing
tools that would leverage state funds to create jobs.
Support legislation that would maintain funding for grants and
programs that improve workforce training.
TRANSPORTATION AND INFRASTRUCTURE
LAND DEVELOPMENT
ECONOMIC DEVELOPMENT
5
Page 138
Item 12.
Support legislation and measures that strengthen the integrity,
effectiveness, and transparency of local law enforcement, and
oppose any measures that weaken the same.
Support legislation that preserves qualified immunity for public
safety personnel acting within the bounds of departmental
policies and procedures in the performance of their official
duties.
Support legislation that clarifies the roles of state, county and
municipal governments in emergency management, and their
respective authority, powers, and duties during a local state of
disaster.
Support legislation that would preserve the Town’s use of
certificates of obligation (COs) to fund necessary capital
projects, and for the debt from COs to continue to be funded
from the Town’s interest and sinking (I&S) tax rate.
Oppose legislation that would erode the Town’s ability to
control, manage, and collect reasonable compensation for the
use of municipal rights-of-way.
Oppose legislation that imposes additional revenue caps or tax
caps of any kind that restrict the Town’s capacity to generate
the revenue needed to provide the high level of municipal
services expected by Town of Prosper residents.
Oppose legislation that would erode local taxing authority,
including measures that would restrict the use of existing
revenue streams.
Oppose legislation that reduces the ability of municipalities to
provide economic and efficient methods of financing local
purchases and projects, including limiting the Town of
Prosper’s ability to control and manage its debt.
Support legislation that treats broadband service as any other
critical utility infrastructure to ensure consistent and
sustainable availability and affordability for residents and
businesses.
Support legislation to incentivize and recognize the importance
of broadband service and the application of technology
solutions through grants, awards, and other means.
Support legislation that develops plans and revenue sources
needed for greater broadband connectivity to enhance public
access to education, healthcare, employment, information, and
services.
Legislative Priorities
PUBLIC SAFETY
FISCAL MANAGEMENT
BROADBAND ACCESS
6
Page 139
Item 12.
Support legislation that provides ample funding for
developing affordable and reliable water resources
across North Texas.
Support legislation that provides funding for the
construction, maintenance, and rehabilitation of new
and aging water utility infrastructure.
Support legislation that accelerates the permitting
process for development of new water resources in
North Texas, preserves water storage options, and
advances viable projects in the statewide water plan.
Support amendments to the hotel occupancy tax statute
that allows the use of hotel occupancy tax revenue for
the construction of improvements in municipal parks
and trails that connect parks, lodging establishments,
and related public facilities.
Support legislation that directly benefits public library
services that support workforce, cultural, and
educational programs.
Support legislation that simplifies the budget and tax
rate notification and adoption process with the goal of
improving transparency.
Support legislation that would allow required legal
notices to be published on a municipality’s website
rather than requiring publication in an official
newspaper.
Support legislation that promotes increased flexibility to
the Texas Open Meetings Act to allow for the expanded
use of teleconference and videoconference technology
in public meetings.
Legislative Priorities
WATER RESOURCES
RECREATIONAL AND CULTURAL RESOURCES
OPEN GOVERNMENT
7
Page 140
Item 12.
Support legislation that preserves local control and the
right of Prosper residents to govern themselves and to
work with their municipal government to adopt and
enforce ordinances that address the health, safety, and
welfare of the community.
Support legislation that preserves local authority for
property taxation, budgeting, permitting, and zoning
decisions.
Oppose legislation that limits or prohibits the Town’s
current authority to use municipal funds to communicate
with legislators or effectively participate in the legislative
process on matters of public interest or pay dues to
organizations or entities that advocate on the Town’s
behalf.
Oppose legislation that provides for state preemption of
municipal authority and/or creates unfunded mandates at
the local level.
Legislative Priorities
Oppose legislation that eliminates the May or November
uniform election dates.
Oppose legislation that requires candidates for a Town
office to declare party affiliation in order to run for office.
ELECTIONS
PREEMPTION OF LOCAL AUTHORITY
8
Page 141
Item 12.
About the Town of Prosper, Texas
The Town of Prosper is a fast-growing community
offering a high quality of life, where neighbors
know each other and kids can play in a safe,
friendly community. The Town’s annual growth
rate was over 13% over the last year with
currently 35,430 residents calling Prosper home.
The Town of Prosper began as a farming
community in Collin County in the early 1900s. In
its early years, the Town was also a central stop
for the railroad between Dallas and Sherman.
Prosper was incorporated in 1914 with a
population of 500.
North of Dallas, Prosper's land area is 27 square
miles and is located less than 30 minutes from
two major airports: Dallas Love Field and
Dallas/Fort Worth International. The Town is just
35 miles from Downtown Dallas and 55 miles from
Fort Worth.
Prosper prides itself on having parks and
recreation facilities that promote healthy lifestyles
for all ages and enhance property values. The
Town is home to more than 350 acres of parkland,
including open spaces, recreational venues,
athletic facilities, and tennis courts. More than 30
miles of hike and bike trails weave throughout
Prosper with plans for additional trails but the
need for more acreage and facilities continues to
increase.
Prosper ISD continues to be one of the fastest-
growing school districts in Texas. In 2021-2022,
the district had more than 22,000 students and
more than 2,600 staff members serving 15
elementary schools, 4 middle schools, and 3 high
schools. By buildout, the district is expected to
have 28-30 elementary campuses, 9-10 middle
schools, and 4-5 high school campuses.
COMMUNITY HISTORY
LOCATION
PARKS AND RECREATION
EDUCATION
9
Page 142
Item 12.
For more information contact:
Robyn Battle, Executive Director of Community Services
972-569-1011
rbattle@prospertx.gov
250 W. First Street, Prosper, Texas 75078
prospertx.gov Page 143
Item 12.
Page 1 of 9
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: New Planned Development
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
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)
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use
Plan
Subject
Property Commercial 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
PLANNING
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Item 13.
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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
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.
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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.
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.
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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 eight (8) 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.
Public Safety – The Fire Department currently has a 100’ platform aerial ladder truck for high
rise, high angle rescue, and elevated master stream operations. They are anticipating having two
aerial trucks equipped and staffed to respond 24/7/365. Additionally, they currently have 6 Rope
Operations Level trained personnel and 24 Rope Technicians. They have 12 personnel trained at
the Operations Level and 24 trained at the Technician Level. After September 14th, they will have
6 trained at the Operations Level and 30 trained at the Technicians Level. These numbers will
continue to increase as Chief Kennedy works with staff at Collin College as they continue ropes
classes. All their apparatus is designed to respond to virtually every kind of emergency including
all high-rise incidents. Frisco Fire Department may be called for support; however, that is common
practice. Prosper’s Fire Department is prepared for multi-story buildings.
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
stone, granite, marble, and stucco. The use of stucco and EIFS are only permitted as se condary
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.
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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
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Item 13.
Page 6 of 9
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.
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)
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Item 13.
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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
8 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
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.
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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.
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.
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Item 13.
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Budget Impact:
The development is intended to assist in the Town’s vision to develop its commercial corridors.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
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. Redlined Development Guidelines (8.8.23)
Town Staff Recommendation:
Town Staff recommends approval because this request follows the design guidelines and will
provide innovative opportunities that the Town envisions along the Dallas North Tollway. 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 units along the
Dallas North Tollway.
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.
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 13.
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 13.
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 13.
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“”
“”
“”
“”
TOWN OF PROSPER PROJECT NO: ____________
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Item 13.
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 13.
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 13.
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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 obtained a
Certificate of Occupancy prior to construction.
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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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 no more than 325 Studios and One-Bedroom units.
ii. There shall be no more than 165 two-bedroom units.
iii. There shall be no more than 10 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.
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Item 13.
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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.
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
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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. 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.
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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 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: Eight (8) 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.
3. Maximum Building Height shall be governed by the Building Height Setbacks outlined below.
a. Building Height Setback One shall extend from the eastern property line at Dallas
North Tollway to a line three hundred fifty (350) feet to the west. Building Height
Setback One shall have a maximum height of eight (8) stories or one hundred sixty (160)
feet.
b. Building Height Setback Two shall extend from the western boundary of Building
Setback One to the Neighborhood Sub-District boundary. Building Height Setback Two
shall have a maximum height of five (5) stories or one hundred (100) feet.
C. Building Materials:
1. 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 fourteen (14)
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.
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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:
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.
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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
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
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Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union (Drive-Thru not permitted)
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)
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
Park or Playground
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Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed (S)
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 (S)
School, Public
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 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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N. Amenities: Public amenities shall be constructed after Certificates of Occupancy are issued for
townhomes and before other buildings.
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. 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.
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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 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 Parking Lot/Garage
Bank, Savings and Loan, or Credit Union (No Drive-Thru permitted)
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)
Food Truck Park (C)
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
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Item 13.
22
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
Park or Playground
Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed (S)
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 (S)
School, Public
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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Item 13.
23
GENERAL REQUIREMENTS
Page 180
Item 13.
24
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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Item 13.
25
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 fourteen (14) feet for first floor ceiling height
(retail) and twelve (12) feet for first floor ceiling height (residential), air condition
corridors, Hospitality-style amenity centers, Resort-style pool, State-of-the-art fitness
centers, hidden trash collection, and its own structured parking.
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
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Item 13.
26
“body” of the building. The building top is determined by the height of the building and
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
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Item 13.
27
with their neighbors a sense of harmony that reveals focus on defining high quality,
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
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Item 13.
28
rather than simply decorative. All arcade openings (or “voids”) shall be vertical in
proportion.
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
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Item 13.
29
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
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 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.
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Item 13.
30
Hotel, Full Service. Full Service Hotel developments shall be subject to the following
development standards:
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 an indoor/outdoor pool and at least three amenities from the list
below:
•
• 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 and room service.
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.
i. Shall provide integrated, structured parking garage.
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.
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Item 13.
31
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;
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.
Page 188
Item 13.
32
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).
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.
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Item 13.
33
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.
Page 190
Item 13.
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 191
Item 13.
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 192
Item 13.
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 193
Item 13.
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 194
Item 13.
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 195
Item 13.
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 196
Item 13.
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 197
Item 13.
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 198
Item 13.
Page 199
Item 13.
Page 200
Item 13.
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 201
Item 13.
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 202
Item 13.
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 203
Item 13.
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 204
Item 13.
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 205
Item 13.
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 206
Item 13.
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 207
Item 13.
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 208
Item 13.
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 209
Item 13.
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 210
Item 13.
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 211
Item 13.
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 212
Item 13.
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 213
Item 13.
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 214
Item 13.
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 215
Item 13.
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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Item 13.
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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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Item 13.
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
obtained a Certificate of Occupancy prior to construction. 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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Item 13.
3
HIGHWAY SUB-DISTRICT
Page 219
Item 13.
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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Item 13.
5
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% no more than 325 Studios and One-Bedroom
units.
ii. There shall be no more than 35% Two and Three-Bedroom units no more than
165 two-bedroom units.
iii. There shall be no more than 10 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.
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Item 13.
6
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.
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
Page 222
Item 13.
7
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. 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.
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Item 13.
8
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 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) Eight (8) stories.
a 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 b. Mechanical equipment, including mechanical/elevator equipment penthouse
enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire
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Item 13.
9
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.
3. Maximum Building Height shall be governed by the Building Height Setbacks outlined below.
a. Building Height Setback One shall extend from the eastern property line at Dallas
North Tollway to a line three hundred fifty (350) feet to the west. Building Height
Setback One shall have a maximum height of eight (8) stories or one hundred sixty (160)
feet.
b. Building Height Setback Two shall extend from the western boundary of Building
Setback One to the Neighborhood Sub-District boundary. Building Height Setback Two
shall have a maximum height of five (5) stories or one hundred (100) feet.
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)
fourteen (14) feet high and, at minimum, 90% shall be constructed of masonry cladding.
Formatted: Indent: Left: 0", First line: 0.5"
Formatted: Indent: Left: 1"
Page 225
Item 13.
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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
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.
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Administrative, Medical, Insurance or Professional Office
Antique Shop
Automobile Paid Parking Lot/Garage
Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union (Drive-Thru not permitted)
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)
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
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Museum/Art Gallery
Outdoor Merchandise Display, Temporary
Park or Playground
Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed (S)
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 (S)
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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N. Amenities: Public amenities shall be constructed after Certificates of Occupancy are issued for
townhomes and before other buildings.
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.
Formatted: Indent: Left: 0"
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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 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.
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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
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 (No Drive-Thru permitted)
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)
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Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
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 (S)
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 (S)
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)
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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 fourteen (14) feet for first floor
ceiling height (retail) and twelve (12) feet for first floor ceiling height (residential), air
condition corridors, Hospitality-style amenity centers, Resort-style pool, State-of-the-art
fitness centers, and hidden trash collection, and its own structured parking.
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
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“body” of the building. The building top is determined by the height of the building and
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
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with their neighbors a sense of harmony that reveals focus on defining high quality,
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
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rather than simply decorative. All arcade openings (or “voids”) shall be vertical in
proportion.
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
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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
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.
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Hotel, Full Service. Full Service Hotel developments shall be subject to the following
development standards:
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 an indoor/outdoor pool and at least four three 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 and room service.
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.
i. Shall provide integrated, structured parking garage.
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.
Formatted: Indent: Left: 1", First line: 0"
Page 247
Item 13.
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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;
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.
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Item 13.
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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).
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.
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Item 13.
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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.
Page 250
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Pradera Development Agreement
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Consider and act upon a Development Agreement for the proposed Pradera Development, located
north of Prosper Trail and west of the Dallas Parkway.
Description of Agenda Item:
The attached Pradera Development Agreement includes the Town’s standard development
agreement language regarding building materials and “family friendly” business establishments,
including the exclusion of package liquor store, but also includes the following: (1) more robust
landscape maintenance requirements and (2) periodic review of the property’s zoning by the Town
Council.
The landscape maintenance requirements provide that Landscape Areas, and their plantings and
vegetation must be appropriately maintained, which includes mulching, prompt replacement of
dead and dying vegetation with new vegetation, mowing and other routine and regular
maintenance of plants and other vegetation. In the event that does not occur, the Town will
promptly notify the developer (or subsequent owner) of any failures to maintain, and the
developer/owner will be given time to correct any deficiencies. If no action is undertaken, the
Town has the right to enter onto the property, replace, replant, or take other appropriate actions
regarding the lack of maintenance, and thereafter invoice the developer/owner for the costs the
Town incurs, plus an administrative fee. If payment to the Town is not made within 30 days, a lien
for the costs incurred may be placed on the property. At no time does t he Town waive any other
rights it may have, such as enforcement of the Town’s high weeds and grasses ordinance.
The Development Agreement grants the Town the right to periodically review the progress and/or
scope of development on the property and the Town retains the right to consider any amendments
or rezoning of the property, in accordance with all notice requirements under state law and the
Town’s Zoning Ordinance.
PLANNING
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Item 14.
Page 2 of 2
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Pradera Development Agreement
Town Staff Recommendation:
Town Staff recommends approval of the Pradera Development agreement as it has been prepared
to address theTown Council requests for certain requirements that the developer has agreed to
abide by.
Proposed Motion:
I move to approve/deny a development agreement for the proposed Pradera Development located
north of Prosper Trail and west of Dallas Parkway.
Page 252
Item 14.
1
PRADERA DEVELOPMENT AGREEMENT
THIS PRADERA DEVELOPMENT AGREEMENT (“Agreement”) is entered into
by and between the Town of Prosper, Texas (“Town”), and Cornerstone Projects Group
(“Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the
“Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Developer is developing a project in the Town known as Pradera
(“Property”), a legal description of which Property is attached hereto as Exhibit A and
incorporated by reference; and
WHEREAS, the Property was rezoned by the Town Council on or about August 8,
2023, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon
development standards contained in the underlying zoning ordinance, as may be
amended, and/or this Development Agreement, to recognize Developer’s reasonable
investment-backed expectations in sai development, as may be amended, and as more
fully described herein.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Development Standards. For any structure built on the Property following
the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building
Materials,” attached hereto and incorporated herein. The Parties agree and acknowledge
that the provisions of this Paragraph shall apply to any structure constructed subsequent
to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify
or otherwise amend any zoning regulation duly adopted by the Town, previously or in the
future.
2. Maintenance of Landscape Areas.
A. Developer agrees to maintain all Landscape Areas (including all
vegetation) on the Property, as referenced and/or depicted in the applicable zoning
ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable,
unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code
of Ordinances, as amended. Further, Developer agrees that landscape maintenance
obligations referenced herein include mulching of Landscape Areas, prompt replacement
of dead or dying vegetation with new vegetation, mowing of Landscape Areas, where
required, and other routine and regular maintenance of plants and other vegetation.
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Item 14.
2
B. In the event that any Landscape Area or plants or vegetation is/are
not properly maintained in accordance with this Agreement, the Town may give written
notice to Developer of such failure to maintain and Developer shall promptly address such
failure, taking into account the type(s) and species of such plants and vegetation and
applicable planting cycles of same. After such notice, and Developer’s failure to address
same, Developer agrees and acknowledges that the Town shall have the right to go onto
Developer’s property and replace, replant or otherwise address such failure to maintain
any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town
being promptly provided by the Town to Developer. In the event Developer does not pay
such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on
the Property for the costs it incurred for the work done, including a reasonable
administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall
not be considered a default in accordance with Paragraph 7 of this Agreement, and any
obligations referenced in said Paragraph shall not be applicable to this Pa ragraph 2.
C. Notwithstanding any provision in this Paragraph to the contrary, the
Town specifically reserves the right to take enforcement action and/or file a complaint
against Developer in the Town’s municipal court (or other appropriate forum) relative to
weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter
on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of
Ordinances, as amended.
3. Periodic Review of the Property’s Zoning by the Town Council. The
Town Council reserves the right to periodically review the progress and/or scope of
development of the Property pursuant to the terms of any zoning regulations applicable
to the Property, and in the event any amendment(s) or revision(s) to said zoning
regulations are deemed appropriate, the Town may provide appropriate notices for Town
consideration of same, pursuant to the provisions of Chapter 211 of the Texas Local
Government Code, as amended, and the Town’s Zoning Ordinance, as amended.
4. Certain Business Establishments Prohibited. Developer agrees and
acknowledges that it will not lease, sell or otherwise permit or authorize on the Property
any of the following business establishments: (1) credit access businesses, as defined in
Texas Finance Code § 393.601, as amended, including but not limited to payday lending
businesses, “cash for title” lenders, and credit services businesses, as defined in Texas
Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops;
(4) any business entity that sells drug paraphernalia; (5) any business establishment
offering gaming or slot machines; (6) sex shops, including but not limited to business
entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8)
business entities which primarily utilize outdoor storage or displays. Additionally,
Developer agrees and acknowledges that it will not lease, sell or otherwise permit or
authorize on the Property a package liquor store, which for purposes of this Agreem ent
is defined as any business entity that is required to obtain a Package Store Permit (P)
from the Texas Alcoholic Beverage Commission for the off -premises consumption of
alcohol.
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Item 14.
3
5. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Developer and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other Developers of the Property,
regardless of whether this Agreement is expressly referenced therein.
6. Applicability of Town Ordinances. Developer shall develop the Property,
and construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
7. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
8. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Collin County, Texas.
9. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
Prosper, Texas 75078
Attention: Town Manager
Page 255
Item 14.
4
If to Developer: Cornerstone Projects Group
4770 Bryant Irvin Court, Suite 200
Fort Worth, Texas 76107
Attention: Nolan Bradshaw
10. Prevailing Party. In the event any person 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 to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
11. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
12. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
13. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either Party.
14. Authority to Execute. This Agreement shall become a binding obligation
on the Parties upon execution by all Parties hereto. The Town warrants and represents
that the individual executing this Agreement on behalf of the Town has full authority to
execute this Agreement and bind the Town to the same. Developer warrants and
represents that the individual executing this Agreement on behalf of Developer has full
authority to execute this Agreement and bind Developer to the same. The Town Council
hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
15. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County, Texas.
16. 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 nonbinding
mediation.
17. Notification of Sale or Transfer; Assignment of Agreement. Developer
shall notify the Town in writing of any sale or transfer of all or any portion of the Property,
Page 256
Item 14.
5
within ten (10) business days of such sale or transfer. Developer has the right (from time
to time without the consent of the Town, but upon written notice to the Town) to assign
this Agreement, in whole or in part, and including any obligation, right, title, or interest of
Developer under this Agreement, to any person or entity (an “Assignee”) that is or will
become an Developer of any portion of the Property or that is an entity that is controlled
by or under common control with Developer. Each assignment shall be in writing
executed by Developer and the Assignee and shall obligate the Assignee to be bound by
this Agreement. A copy of each assignment shall be provided to the Town within ten (10)
business days after execution. Provided that the successor Developer assumes the
liabilities, responsibilities, and obligations of the assignor under this Agreement, the
assigning party will be released from any rights and obligations under this Agreement as
to the Property that is the subject of such assignment, effective upon receipt of the
assignment by the Town. No assignment by Developer shall release Developer from any
liability that resulted from an act or omission by Developer that occurred prior to the
effective date of the assignment. Developer shall maintain true and correct copies of all
assignments made by Developer to Assignees, including a copy of each executed
assignment and the Assignee’s Notice information.
18. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
19. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
20. Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
21. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
22. Amendment. This Agreement shall not be modified or amended except in
writing signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided to each Party, Assignee and successor
Developer of all or any part of the Property; however, the failure to provide such copies
shall not affect the validity of any amendment.
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Item 14.
6
23. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizaares
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2023, by Mario Canizares, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
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Item 14.
7
DEVELOPER:
CORNERSTONE PROJECTS GROUP
By: _____________________________
Name: Nolan Bradshaw
Title: President
STATE OF TEXAS )
)
COUNTY OF TARRANT )
This instrument was acknowledged before me on the ___ day of
_______________, 2023, by Nolan Bradshaw on behalf of Cornerstone Projects Group,
known to be the person whose name is subscribed to the foregoing instrument, and that
he executed the same on behalf of and as the act of Developer.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
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Item 14.
8
EXHIBIT A
(Property Depiction)
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Item 14.
9
EXHIBIT B
(Building Materials)
Highway Subdistrict:
1. 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.
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 fourteen (14) feet high and, at minimum, 90% shall be constructed of masonry
cladding.
Neighborhood Subdistrict:
1. 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 percent (75%) of each elevation, exclusive
of doors and windows. 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.
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Item 14.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Comprehensive Plan Update
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 5. Work Towards a Growing & Diversified Tax Base
Agenda Item:
Conduct a public hearing and consider and act upon a request to update the Town of Prosper’s
Comprehensive Plan.
Description of Agenda Item:
An updated Comprehensive Plan for the Town is being presented by Freese and Nichols. Their
recommendations are based on research regarding the Town’s history, expected future growth,
and overall vision. The firm has met with Town Staff as well as the Comprehensive Plan Advisory
Committee multiple times to discuss the updates.
At the August 1, 2023, Planning & Zoning Commission meeting, the Commission recommended
the Town Council approve the request, with a vote of 6-0. Commissioners recommended that low
density residential remain on the southeast corner of FM-1385 and Parvin Road instead of the
proposed medium density residential. Additionally, they recommended that low density residential
remain on the southwest corner of Frontier and Shawnee instead of the proposed medium density
residential.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Draft Comprehensive Plan
Town Staff Recommendation:
Town Staff recommends approval of a request to update the Town’s Comprehensive Plan.
PLANNING
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Item 15.
Page 2 of 2
Proposed Motion:
I move to approve/deny a request to update the Comprehensive Plan based on the
recommendations from the Town’s consultant.
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Item 15.
PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT i
PLAN PROSPER
2023 COMPREHENSIVE PLAN
August 1, 2023 | P&Z PUBLIC HEARING DRAFT
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ACKNOWLEDGEMENTS
Town Council
David F. Bristol, Mayor
Marcus E. Ray, Deputy Mayor Pro-Tem, Place 1
Craig Andres, Mayor Pro-Tem, Place 2
Amy Bartley, Place 3
Chris Kern, Place 4
Jeff Hodges, Place 5
Charles Cotten, Place 6
Planning and Zoning Commission
Sekou Harris, Place 1
Mike Pettis, Secretary, Place 2
Cameron Reeves, Place 3
Josh Carson, Place 4
Glen Blanscet, Place 5
Damon Jackson, Vice-Chair, Place 6
Brandon Daniel, Chair, Place 7
Comprehensive Plan Advisory Committee (CPAC)
Amy Bartley
Chris Kern
Greg Bradley
Glen Blanscet
Tommy Van Wolfe
Town Staff
Mario Canizares, Town Manager
Charles Ewings, Assistant Town Manager
David A. Hoover, AICP, Director of Development Services
David Soto, Planning Manager
Dakari Hill, Senior Planner?
Doug Braches, Planner
Consultants
Freese and Nichols, Inc.
Daniel Harrison, AICP, Project Manager
Rhys Wilson, Assistant Project Manager
Jacob Rojo, Project Planner
TXP, Inc.
Travis James, Vice President, Economic and Market Consultant
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CONTENTS
CHAPTER 1 COMMUNITY SNAPSHOT ............................................................. 1
INTRODUCTION .............................................................................................. 2
PLANNING BACKGROUND .............................................................................. 4
PHYSICAL DEVELOPMENT PATTERNS ........................................................... 10
PLANNING CONTEXT .................................................................................... 12
CHAPTER 2 VISION AND GOALS .................................................................... 17
INTRODUCTION ............................................................................................ 18
COMPREHENSIVE PLAN ADVISORY COMMITTEE (CPAC) ............................. 18
VISION STATEMENT ..................................................................................... 22
GUIDING PRINCIPLES AND COMMUNITY GOALS ......................................... 23
CHAPTER 3 MARKET ANALYSIS ..................................................................... 25
INTRODUCTION ............................................................................................ 26
PAST HOUSING GROWTH ............................................................................. 26
PAST EMPLOYMENT GROWTH ..................................................................... 27
DEMOGRAPHIC FORECASTS ......................................................................... 27
SUPPLEMENTAL DATA .................................................................................. 30
CHAPTER 4 FUTURE LAND USE PLAN ............................................................ 37
INTRODUCTION ............................................................................................ 38
LAND USE ANALYSIS ..................................................................................... 40
2023 FLUP MAP ............................................................................................ 48
FUTURE LAND USE CATEGORIES .................................................................. 50
LAND USE CONCEPTS ................................................................................... 66
ULTIMATE CAPACITY AND POPULATION PROJECTIONS .............................. 72
CHAPTER 5 NEIGHBORHOOD AND COMMUNITY LIVABILITY ........................ 75
INTRODUCTION ............................................................................................ 76
LIVABLE NEIGHBORHOODS ........................................................................... 77
OPEN-SPACE PRESERVATION ........................................................................ 80
SOCIAL INTERACTION ................................................................................... 81
IMAGE ENHANCEMENT ................................................................................ 82
CHAPTER 6 IMPLEMENTATION ..................................................................... 85
INTRODUCTION ............................................................................................ 86
ROLES OF THE COMPREHENSIVE PLAN ........................................................ 87
MAINTAINING COMPATIBILITY BETWEEN THE ZONING MAP AND FUTURE
LAND USE PLAN MAP .................................................................................... 89
IMPLEMENTATION GOALS AND OBJECTIVES ................................................ 90
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PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 1 COMMUNITY SNAPSHOT | 1
CHAPTER 1
COMMUNITY SNAPSHOT
INTRODUCTION 2
PLANNING BACKGROUND 4
PHYSICAL DEVELOPMENT PATTERNS 10
PLANNING CONTEXT 12
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INTRODUCTION
What is a Comprehensive Plan?
The comprehensive plan for the Town of Prosper is intended solely as a guide
to direct future development decisions made by Town staff, elected officials ,
and all other decision-makers. The comprehensive plan tells the story of who
the community is and what it aspires to become. This document is intended to
serve as a flexible long-range planning tool that guides the growth and
physical development of Prosper for the next ten years.
The Comprehensive Plan is a long-range statement of public policy. According
to Chapter 213 of the Texas Local Government Code, a comprehensive plan
may:
• Include but is not limited to provisions on land use, transportation ,
and public facilities;
• Consist of a single plan or a coordinated set of plans organized by
subject and geographic area;
• Be used to coordinate and guide the establishment of development
regulations.
Legal Authority
The right for a community to plan is rooted in the Texas Local Government
Code. The following are the specific chapters that directly relate to the Town’s
ability to plan.
• Chapter 211: Allows the governing body of a community to regulate
zoning.
• Chapter 212: Allows the governing body of a community to regulate
subdivision development within the municipal and Extraterritorial
Jurisdiction (ETJ).
• Chapter 213: Allows the governing body of a community to create a
comprehensive plan for the long-range development of the
community and to address a wide range of issues, including land use
and transportation.
Planning to Plan
The Town of Prosper sits at an exciting and critical point in its history.
Decisions made now will have a lasting physical, fiscal, and social impact on
the Town for generations to come. The Town has a significant amount of
vacant land, and while many pre-arranged development agreements currently
exist, the ultimate objective of this Plan is to set policies and a vision to
ultimately guide those developments, ensuring that all development that
occurs within Prosper is compatible and fits into the community’s long term
vision.
This 2023 Comprehensive Plan (Plan) will serve as the compass, or guide, for
the long-term growth of the Town. The following Plan will include an
examination of the following issues:
• Future Land Use;
• Livability;
• Transportation;
• Economic Analysis; and
• Infrastructure.
A comprehensive plan, however visionary, must also be rooted in the present.
Therefore, before examining the above elements, it will be important and
helpful to understand where Prosper is today and what planning efforts have
been conducted prior to this Plan. This starting point, or baseline analysis, will
allow coordination with previous planning efforts. This examination will help
establish an understanding of Prosper’s population growth, housing
characteristics, existing land use, physical constraints, and past planning
efforts.
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Planning for Rapid Growth
Over the past several decades, rapid development has defined the northern
side of the Dallas/Fort Worth Metropolitan Area. The DFW Metro Area is now
ranked as the 4th largest metropolitan area in the nation and is expected to
double in size by the year 2050 nearly.
Growth is not a question but is inevitable. Community planning, a vision
accompanied by guiding policies, will help ensure that Prosper develops in an
orderly fashion, considering and respecting, among other things, data relating
to income, education levels, ethnicity as well as the physical values of the
community. Community planning will protect the quality of life that makes
Prosper one of DFW’s most livable communities.
Figure 1. Prosper Regional Relationship
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PLANNING BACKGROUND
Regional Relationship
The Town of Prosper is located at the northern edge of the Dallas/Fort Worth
Metropolitan area, in western Collin County and eastern Denton County. The
Town’s immediate neighbors include Frisco, McKinney, Celina, and Little Elm.
The Town of Prosper is currently situated at the northern terminus of the
Dallas North Tollway’s toll lanes, and future expansions will take the Tollway
through the Town. The Tollway provides direct access to Downtown Dallas as
well as to other major regional highways, such as Highway 121/Sam Rayburn
Tollway, President George Bush Turnpike, and IH 635/LBJ. Highway 380,
traversing the Town's southern border, provides access to the cities of
McKinney and Denton and to Interstate 35 and US 75/Central Expressway .
Population Analysis
Examining historical population growth trends helps to tell the story of how
Prosper has grown in the past and may give some insight into how Prosper
may grow in the future. Several different variables must be considered when
examining population growth trends, but one of the primary factors is
location. Communities in rural areas not adjacent to a major metropolitan
area typically experience very gradual yet steady growth over time. Many rural
communities experience very little growth or even decline.
Communities near metropolitan areas, however, are characterized differently.
Typically, communities on the fringe of metropolitan areas began as rural,
somewhat isolated communities characterized by slow but steady growth.
Location Mileage
Downtown Dallas 34
Love Field 31
DFW Airport 33
Stonebriar Centre (Frisco) 11
The Star (Frisco) 11
Legacy West/Shops at Legacy (Plano) 13
Grandscape (The Colony) 15
Dallas Galleria 23
Addison 22
Downtown McKinney 13
Denton 20
US 75 Central Expressway 11
Interstate 35 23
SH 121 12
President George Bush Turnpike 18
Figure 3. Historic Population Growth
Source: 2020 5-Year ACS
Figure 2. Proximity to Regional Locations
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Eventually, an urbanized area encroaches on these rural communities , causing
rapid and robust growth until the community reaches its carrying capacity or
build-out. At this point, the growth rapidly slows once again. This pattern has
characterized growth within the North Dallas region. Garland, Richardson,
Plano, Frisco, and McKinney are all examples of this type of growth.
Population Synopsis
When examining the Town’s historical growth patterns, it becomes apparent
that Prosper fits into a rapid growth pattern. In 1970, the community
contained only 500 residents. Between 1970 and 2000, the community added
approximately 1600 residents. Since 2000, however, the Town has added over
33,000 new residents, indicating that Prosper has likely reached the beginning
of a period of rapid and robust growth. Although impossible to predict the
future housing market, reasonable assumptions seem to indicate that this
period of rapid growth over the past 20 years was not an accident but is
indicative of the rapid northern expansion of the DFW Metropolitan Area.
Based on this assumption, it is likely that rapid and robust growth will
continue to characterize Prosper for the decades to come.
Compound Annual Growth Rate
From 1970 to 2000, the Town of Prosper experienced relatively fast but steady
population growth. Since 2000, the Town has experienced very rapid and
robust growth and reached a population of 35,410 residents, according to the
North Central Texas Council of Government (NCTCOG).
The Compound Annual Growth Rate (CAGR) is a method of an alyzing annual
average rates of growth. As shown in Figure 4, between 1970 and 2023,
Prosper experienced a CAGR of 8.53 percent. This is a high rate of growth for a
community. Additionally, from 2010 to 2020, the CAGR for the community was
12.3 percent (see Figure 7).
Regional Growth
2020 U.S. Census numbers provided insight into just how rapidly the State of
Texas, and its metropolitan areas, are growing. The Dallas/Fort Worth
Metropolitan area added nearly 2,300,000 people during the 2000-2020
period. Collin County has experienced some of the most robust growth over
the past several decades. Collin County alone added nearly 514,000 new
residents between 2000 and 2020 and exceeded the 1,000,000 resident mark,
a significant milestone considering that only 67,000 residents called Collin
County home in 1970.
Between 1970 and 2020, Frisco and Little Elm experienced the fastest
compound annual growth rates. Since 2010, however, Prosper and Celina have
experienced the highest compound annual growth rates at 12.3% and 8.5%,
respectively. Although Frisco experienced the fourth-highest compound
annual growth rate between 2010 and 2020, the Town experienced the
greatest numerical increase, adding over 71,000 new residents during the past
decade. It is also important to note that Prosper and its neighbors experienced
higher growth rates over the past decade than in previous years. This indicates
that growth within Prosper and its neighboring cities is increasing.
Year Population Change Growth CAGR*
1970 501 - -
3.61%
8.53%
1980 675 174 34.7%
1990 1,018 343 50.8%
2000 2,097 1,079 106.0%
18.12% 2010 9,423 7326 349.4%
2020 30,147 20,724 219.9%
2022 35,410 5,263 17.5%
8.2% 2023 38,312 2,902 8.2%
Figure 4. Prosper Growth Statistics
*Compound Annual Growth Rate Source: United States Census & NCTCOG
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Forecasted Regional Growth
The Dallas/Fort Worth metropolitan area is currently the fourth largest
metropolitan area in the United States, behind New York City, Los Angeles,
and Chicago. According to the North Central Texas Council of Governments
(NCTCOG), the population of the Dallas/Fort Worth metropolitan region is
expected to reach 11.4 million by 2045. This would result in the addition of
over 3 million new residents over the next 20 years.
Housing Characteristics
Household type refers to how the people who live within a household are
related if they do not live alone. Generally, Prosper contains a large number of
married-couple households and households with children under the age of 18.
Within Prosper, the average household size is 3.45 persons per household
(PPH) for all residential units. The average household size is significantly higher
than the State average of 2.83 PPH, Frisco at 2.93 PPH, McKinney at 2.92 PPH,
and Celina at 2.89 PPH. Little Elm has the second-highest average household
size at 3.12 PPH. This data indicates many families call Prosper home.
Of the total Households, 59.7% have children under the age of 18, 84% are
married couple households, 3.2% are cohabitating households, 3.8% are single
male parent households, and 9% are single female parent households. 6.6% of
the total households in Prosper are householders living alone.
The occupancy rate is an important indicator of the local housing market and
housing saturation. A high occupancy rate may indicate an immediate need for
additional housing stock to accommodate new population growth. A low
occupancy rate may indicate an oversaturation of homes in the housing
market. Typically, healthy cities have at least a 90% occupancy rate, something
common in the rapidly growing DFW area.
Jurisdiction
Year CAGR
1970 1980 1990 2000 2010 2020 1970-
2020
2010-
2020
Collin
County 66,920 144,576 264,036 491,675 782,341 1,006,038 5.6% 2.6%
Celina 1,272 1,520 1,737 1,861 6,028 13,608 4.9% 8.5%
Frisco 1,845 3,499 6,138 33,714 116,989 188,387 9.7% 4.9%
Little Elm 363 926 1,255 3,646 25,898 49,792 8.3% 6.8%
McKinney 15,193 16,256 21,283 54,369 131,117 191,197 5.2% 3.8%
Prosper 501 675 1,018 2,097 9,423 30,147 8.5% 12.3%
Figure 7. Regional Growth Statistics
Source: 2020 5-Year ACS
Figure 5. Occupancy Rates
Source: 2020 5-Year ACS
Figure 6. Residential Unit Stock
Source: 2020 5-Year ACS
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Currently, Prosper has a 91.4% occupancy rate for all housing units. The
Town’s housing stock is predominantly for single-family purposes with 93%
comprising all the Town’s housing. Only 7% of the Town’s housing is f or multi-
family purposes. When compared to other neighboring cities, Prosper has the
second lowest multi-family housing stock. Only Celina has a lower percentage
of multi-family housing units within their housing inventory. Although
Prosper’s housing numbers heavily favor single-family development, this
strongly indicates that the Town has a healthy housing saturation.
Notably, the growth of the multi-housing stock is increasing. According to the
Town’s February 2023 Development Services Monthly Report, there are 1,235
multi-family units under construction or shovel ready in Prosper.
The following figures detail the information provided in the Town’s February
2023 Development Services Monthly Report
Figure 8. Single Family Residential Permits Issued by Quarter
2021 2022 2023
February 94 104 101
1st Quarter 369 289 Not Available
2nd Quarter 241 226 Not Available
3rd Quarter 255 249 Not Available
4th Quarter 391 165 Not Available
Total 1,222 969 101
Source: Town of Prosper February 2023 Monthly Report
Figure 9. Shovel Ready—Non‐Residential Project Status
Subdivision Locations Acres Number of
Lots
Brookhollow West NWC Richland Boulevard / Lakewood Drive 43.2± 149
Cambridge Park Estates,
Phase 2 SWQ Preston Road / Coleman Street 42.5± 110
Lakewood, Phase 5 SEQ First Street / Coit Road 40.8± 98
Lakewood, Phase 6 SEQ First Street / Coit Road 13.8± 41
Legacy Gardens, Phase 2 NWQ Prosper Trail/Dallas Parkway 45.6± 106
Malabar Hill SWQ First Street / Custer Road 45.0± 96
Star Trail, Phase 10 SWQ Prosper Road / Legacy Drive 41.5± 80
Star Trail, Phase 11 SWQ Legacy Drive / Prosper Trail 36.2± 122
Star Trail, Phase 12 NWQ Fishtrap Road / Legacy Road 29.0± 64
Star Trail, Phase 13 NWQ Legacy Drive./ Fishtrap Road 40.0± 127
Windsong Ranch, Phase 6E SWQ Teel Parkway / Parvin Road 29.2± 73
Windsong Ranch, Phase 7G NWQ Windsong Road / Fishtrap Road 145.4± 54
Windsong Ranch, Phase 9 NEQ Prosper Trail / Teel Parkway 49.5± 92
Total Number of Lots Under Construction / Shovel Ready 1,212 Lots
Source: Town of Prosper February 2023 Monthly Report
Figure 10. Under Construction & Shovel Ready—Residential Project Status
Subdivision Location Acres Number of
Units
LIV Multi-family 400 West Fifth Street 8.9± 300
LIVTownhome‐style Multi-family 400 West Fifth Street 5.3± 30
Gates of Prosper Multi-family, Phase 1 961 Gateway Drive 16.9± 344
Alders at Prosper (Age Restricted) 2151 Prairie Drive 10.3± 188
Ladera, Phase 1 (Age Restricted) 4320 Valencia Drive 32.6± 73
Brookhollow 4001 East University Drive 25.2± 300
Total Number of Lots Under Construction / Shovel Ready 1,235 Units
Source: Town of Prosper February 2023 Monthly Report
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Existing Land Use
Prosper’s existing land use is predominantly characterized by vacant land. Ten
years ago, 80% of the Town’s land was vacant, but now 44% of all land is
vacant. This is a significant indicator that Prosper is in a rapid growth stage .
Although land availability is decreasing, the remaining vacant land tracts will
drastically impact the overall community form as the Town continues to
develop. While most of the undeveloped property in Prosper has already been
zoned, there may be opportunities to work with developers to incorporate the
identified community vision. Those opportunities should be pursued,
particularly as circumstances arise that necessitate zoning adjustments or
changes.
When excluding vacant land and only examining developed land, the
predominant land use in Prosper is single-family residential. Parks & Open
Space constitutes the second highest land use followed by public/semi -public
and commercial. As discussed previously, very few residential variations
currently exist. Additionally, only 7% of the developed land use is currently
occupied by commercial.
Development Patterns
Most of Prosper’s development has occurred over the past two decades, in
response to the Town’s rapid population increase. Development has mostly
been single family residential, although some commercial uses have been
added along Preston Road and Highway 380.
Residential construction is widespread and occurring to the west of Coleman
Road and the original town center, with more expected soon. A significant
number of large-lot homes were constructed in Prosper prior to 2005,
coinciding with septic tank requirements that mandate a minimum lot size of
1 acre. As sewer service has been expanded and has become more readily
available, lot sizes within new residential areas have become significantly
smaller. In 2011, over 80 percent of approved housing permits were on lots
under 15,000 square feet in size. In 2011, only 6 building permits were issued
to lots at or above one acre in size while 51 permits, approximately 14
percent, were issued on lot sizes under 10,000 square feet.
The amount of vacant land within the community is advantageous, because it
allows for new development opportunities on undeveloped land, rather than
more expensive redevelopment. It will be important to ensure that the
thoroughfare plan is coordinated with land use, to ensure that appropriate
right-of- way is acquired during the subdivision of land. Additionally, it will be
Figure 11. Existing Land Use
Figure 12. Existing Land Use (excluding vacant land)
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important to ensure connectivity is provided within and between new
residential subdivisions, so that upon buildout, a connected street system
serves the community.
Finally, a significant amount of infill land is available within the community.
This land is located between subdivisions and along major roadways. It will be
important to ensure that development in these areas is compatible with
adjacent residential subdivisions.
Small Lot Residential
Vacant Land
Large Lot Residential
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PHYSICAL DEVELOPMENT
PATTERNS
Local development patterns refer to the factors that have influenced the
shape and growth of the Town. Understanding such features creates
knowledge of how the Town can grow in the future. These patterns are
divided into two primary categories: “Natural Constraints” which examine the
geographical aspects of Prosper and “Human-Made Constraints,” which
examine features that have been constructed or added to the Town .
Natural Constraints
Natural features influence the type of development and where such
development can occur. Topography, soils, vegetation, and wildlife are all
factors that can directly affect development within the Town and are all
important factors that should be considered during the planning process .
The Town of Prosper is located along a major ridge line that runs to the east of
Preston Road. Areas to the west of the ridge line drain into Lake Lewisville.
Areas to the east of the ridge line drain toward Lake Lavon.
Most topographical variations within Prosper are located along the major
ridge line, near Preston Road. While a certain degree of topography exists
within Prosper, the relative flatness of Prosper and the surrounding area is
advantageous for accommodating future development.
The two largest floodplain areas are located in the community's extreme
eastern and western portions; Doe Branch Creek in the west and Wilson Creek
and Rutherford Branch Creek in the east. The floodplain areas along Doe
Branch Creek, Wilson Creek, and Rutherford Branch Creek contain the most
natural tree cover within the planning area.
Human Made Features
The importance of human-made features, such as transportation facilities,
Town boundaries, and infrastructure, are significant factors that greatly
influence development patterns. The following discussion relates to the
significant human-made features within Prosper.
Preston Road, Highway 380, and the future Dallas North Tollway are the major
arterial roadways within the community. As development occurs, Teel
Parkway, Legacy Drive, Coit Road, FM 1385/Gee Road, and Custer Road will
grow in importance and will provide additional north-to-south corridors within
the community. Frontier Parkway, Prosper Trail, and First Street will serve as
major east-to-west corridors within the community. In addition to these
roadways, the Dallas North Tollway will serve as a major transportation
addition within the community and will increase accessibility within the
community, will provide quick access to the regional highway network, and
will serve as a catalyst in attracting new development.
Doe Branch
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In Texas, extraterritorial jurisdiction (ETJ) refers to the land an incorporated
community may legally annex to plan and accommodate future development.
The Town has entered into boundary agreements with Frisco, McKinney,
Celina, and Little Elm and has no plans to expand west of FM 1385. For this
reason, the general planning area for the Town is established and well -
defined, allowing the Town to concentrate on the annexation of internal
properties. The advantage of a defined Town boundary is knowing exactly
where Prosper can grow. This enables Town staff to plan for growth more
effectively, particularly the necessary infrastructure that will be needed to
accommodate future growth within the Town boundaries .
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PLANNING CONTEXT
For this Comprehensive Plan to truly be comprehensive, it will be important to
consider the context in which the Plan is being created. The planning context
includes several different factors, including current and past planning efforts,
regional initiatives, and external issues that, although they may be beyond the
direct control of the community, can directly impact growth decisions,
primarily the Dallas North Tollway extension. Building upon past planning
efforts and considering external factors that impact Prosper’s growth will
allow for realistic growth assumptions and will help to ensure a cohesive,
inclusive, and truly comprehensive plan.
Planning Efforts
2012 Comprehensive Plan
In 2012, The Town adopted a Comprehensive Plan to guide land use decisions
within the community for the next 10 years. This Plan included the
development of a future land use and community framework scenario and
examined the thoroughfare system and infrastructure of the community.
It is typically recommended that a Comprehensive Plan be updated every 10
to 20 years, depending on how rapidly the community is growing. Since 2012,
Prosper has continued to grow rapidly, necessitating the review and update of
the Comprehensive Plan.
Land Use decisions made during the 2012 Comprehensive Plan will be
examined and evaluated to determine if changes are necessary. Various
development plans and agreements have been submitted to or approved by
the Town. Updating the Future Land Use Plan will re-examine the community’s
vision and values. An updated Future Land Use Plan will provide the
framework for discussions and negotiations with developers as changes to
zoning occur.
Figure 13. August 2021 (Current) Version of the FLUP
2015 Parks, Recreation, and Open Space Master Plan
In 2015, the Town completed a Parks, Recreation, and Open Space Master
Plan (Parks Plan) to direct the growth of the Town’s parks and trails as the
community grows over the next several decades. The importance of the Parks
Plan cannot be understated. Parks provide recreational opportunities for
community residents and help increase the community's overall quality of life.
In the same manner, trails provide recreational opportunities for residents to
walk, run or bike throughout the community. Trails provide access to open
space, parks, schools, and community facilities and help link various
community areas to one another.
As development occurs, incremental implementation of the Parks Plan will
occur. Ensuring that it is updated as changes occur, will help the Town
leverage and negotiate with developers as vacant land is developed, ultimately
enabling the Town to impose a proportional cost of park development on
developers.
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It will be important that Town decision-makers consult the Parks Plan as
development proposals are received. While slight deviations may be permitted
to accommodate site layouts, the location of parks and trails have been
chosen for intentional reasons and therefore, the general locations of trails
and parks should be adhered to as closely as possible.
2021 Thoroughfare Plan
The Town completed an update to its Thoroughfare Plan in 2021, re-examining
issues and redefining the Town’s roadway network. This Plan builds upon
previous work efforts and seeks to coordinate land use decisions with previous
transportation efforts. Any changes that result from land use decisions will be
included as recommendations within this Plan and should be considered as
the future Thoroughfare Plan update is made.
2022 Downtown Master Plan
The Town has continued its approach to strengthen the Downtown area. In
2022, the Town adopted the Downtown Master Plan, which serves as a
foundational piece to attract new development while retaining the area’s rich
history. This plan guides downtown development in aspirational and practical
ways that are reflective of the community’s best interests. During the
comprehensive planning process, any future land use decisions that the
community prefers in the downtown area should align with the policies
established in the 2022 Downtown Master Plan.
Prosper Independent School District
Throughout the planning process, schools have been identified as one of the
single most important features of the Town. As the Town continues to grow, it
is of prime importance that Prosper's schools' exemplary status and
reputation be maintained.
While the Town and Prosper Independent School District (PISD) operate as
two separate entities, they are inherently related to each other. Growth in the
Town increases the overall tax base and provides revenue for the School
District. Additionally, excellent schools enable the Town to continue attracting
new residents and development.
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The Town and PISD should be in direct communication, clearly identifying
growth areas and assessing future educational needs. Communication
between the Town and PISD will inevitably allow for coordinated
infrastructure decisions, such as when new roads allowing access to new
schools should be constructed.
The Town and PISD should also coordinate on population growth rates and
potential future school locations. Establishing a working relationship between
the two entities will benefit the Town, PISD, and the residents of Prosper
themselves.
North Central Texas Council of Governments (NCTCOG)
NCTCOG is the metropolitan planning organization that encompasses the 16-
county North Texas region. NCTCOG works to promote orderly and balanced
growth within the North Texas region. The metropolitan transportation plan
created by NCTCOG, known as Mobility 2045 Update, contains various
components, including arterial roadway networks, freeways, rail transit, and a
Veloweb Network (regional trail system).
Coordination with NCTCOG will help to streamline projects within Prosper,
particularly if outside funding is desired or necessary. Typically, funding is
awarded to projects which show planning and coordination at multiple levels.
Ensuring that future roadway and transportation plans by the Town are
coordinated with NCTCOG will help Prosper attract investment from both the
public and private sectors and will ensure that roadways are better
coordinated between adjacent communities.
In addition to transportation, various grants are awarded to communities in
North Texas by NCTCOG. These grants are used to incentivize regional
cooperation without requiring compliance. NCTCOG has established the
Center of Development Excellence, which provides 12 guiding principles that it
recommends communities consider. Communities in North Texas are
encouraged to incorporate these principles and are awarded grants and
additional funding to help communities with some of the initial costs, studies,
and plans associated with quality planning.
Dallas North Tollway District Design Guideline (2022)
The Dallas North Tollway is one of the most frequently trafficked roadways in
the region, providing significant development opportunities to Prosper. As a
result, the Town adopted the Dallas North Tollway District Design Guidelines
in January 2022 to guide better future development outcomes in the district.
These guidelines present a series of design and land use statements that
explain the desired elements and qualities to shape development in the
district. Particularly, these guidelines are calibrated to three specific areas
within the Dallas North Tollway District, called sub-districts (U.S. 380 Gateway,
Frontier Parkway Gateway, and Neighborhood Services and Retail sub-
districts). Each sub-district has its own preferred development patterns.
Generally, the U.S. 380 Gateway sub-district is anticipated to have the most
intensive commercial activity, with the Frontier Parkway Gateway sub-district
serving as a transition between the U.S. 380 Gateway sub-district and the
lower intensity Neighborhood Services and Retail sub-district. These three
sub-districts aim to create a welcoming, attractive, and vibrant community
along the Tollway that encourages people to live, work, play, and visit
seamlessly.
Source: NCTCOG Mobility 2045 Update
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Figure 14. Dallas North Tollway District from DNT Guidelines
Figure 15. Subdistrict Designation from the DNT Guidelines
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CHAPTER 2
VISION AND GOALS
INTRODUCTION 18
COMPREHENSIVE PLAN ADVISORY COMMITTEE (CPAC) 18
VISION STATEMENT 22
GUIDING PRINCIPLES AND COMMUNITY GOALS 23
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INTRODUCTION
A fundamental component of the comprehensive planning process evolves
around the vision of the community. The importance of the vision cannot be
overstated—the vision guides land use decisions and allows Town staff and
decision-makers to determine whether decisions are ultimately in
conformance with the long-term vision for Prosper, as defined by its residents.
In other words, the vision is the roadmap that guides decisions within the
community and serves as the basis for the comprehensive plan and policy
recommendations.
For this Plan, the visioning process was guided by a Comprehensive Plan
Advisory Committee (CPAC) and included several deliberate exercises. The
visioning process included:
• Three CPAC Meetings
• CPAC SWOT Analysis
• CPAC Five Key Questions Discussion
• Vision Statement and Goals Revisitation Discussion
The following pages contain the visioning process, highlighting the various
groups involved, the exercises used, and preliminary results derived from the
visioning process.
COMPREHENSIVE PLAN
ADVISORY COMMITTEE
(CPAC)
A committee of community residents and leaders was compiled to assist in
developing the Plan. Committee members were selected based on various
criteria, including the area of the community where they reside, past or
current council experience, economic development knowledge, and business
ownership. The CPAC’s role in the process was to guide the formation of the
Plan document and ensure that the Plan created ultimately reflects the vision
desired by Prosper residents.
Three meetings were conducted with the CPAC:
• Kickoff and Visioning Meeting on January 5, 2023
• Review and Consensus on Goals and Future Land Use Plan Meeting
on April 24, 2023
• Review and Consensus on Complete Plan Meeting on June 26, 2023
All CPAC meetings were conducted at 6:00 p.m. and were open to the public.
Energized and productive discussions were had at CPAC meetings,
representative of the diverse opinions and backgrounds present on the
committee. The exchange of ideas with various points of view ensured a
thorough process where the realities of external factors affecting Prosper
were weighted with the ultimate vision of the Town.
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Meeting 1
Date: January 5, 2023
Location: Prosper Town Hall Chambers
Attendance: Six Prosper CPAC members and four Town staff members.
Purpose: To kick off the project, explain the purpose of the Comprehensive
Plan Update, discuss the Plan’s goals and objectives, review the CPAC
members’ pre-meeting homework assignment, address the Town’s most
pressing development issues, and assess the Town’s strengths, weaknesses,
opportunities, and threats.
Summary: The consultant team started the meeting with a presentation
stating the purpose of the Comprehensive Plan, the project timeline, the role
of the CPAC in the project, and the next steps to begin the comprehensive
planning process. The presentation concluded with a review of the members
pre-meeting homework tasks, a discussion of the CPAC’s opinion on current
issues, their vision for the Town’s development, and an interactive SWOT
analysis exercise.
Exercise 1: Five Key Questions
This CPAC exercise asked members to answer and discuss the following
questions with each other:
1. Are there specific issues that routinely arise – at Planning and Zoning
Commission meetings, Board meetings, amongst staff – that can be
addressed during the comprehensive planning process?
2. What specific thoughts or concerns do you have about how the Town
might develop in the future?
3. What would you like addressed in the Comprehensive Plan?
4. What types of development projects do you think the Town needs
the most?
5. What types of development projects or growth patterns are not
suitable for Prosper?
This CPAC exercise revealed the following takeaways:
• Multi-family uses need careful placement within the Town and must
have strict standards that reflect the Town’s preferences while
balancing realistic market trends
• Perceived decision-making inconsistencies between Town staff,
Planning and Zoning Commission, and Town Council deter developers
from investing in Prosper
• Drive-thrus need to be addressed with a clear objective and policy to
reduce traffic and improve development aesthetics
• New and modern uses are hard to address for decision-makers since
there is no distinct direction regarding these uses
• Context-sensitive development regulations are lacking and should be
incorporated moving forward to accommodate future development
in the Town
• Land uses and mixed-use development should reflect what the
community wants and needs
• Walkable neighborhoods with schools within walking distance should
be encouraged
• Lot sizes have to be carefully balanced to protect the Town’s
character and preserve open space
• Clear guiding principles need to be created to facilitate consistent
development decisions for Planning and Zoning Commission and
Town Council members
• There needs to be an emphasis on growing the commercial tax base
by focusing on retail, entertainment, and destination tourism
• Dallas North Tollway (DNT) needs to be a catalyst for mixed-use
development
• More open space and parks should be required for future
development
• Infrastructure improvements are in demand, especially if growth
keeps occurring at its current rate
• Increased desire to reduce strip center development
• Restrict uses like auto dealerships where little tax value is generated
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Exercise 2: SWOT Analysis
This CPAC exercise encouraged members to actively assess the Town’s
strengths, weaknesses, opportunities, and threats (SWOT Analysis).
Strengths
• Responsive residents and Town leadership
• Small town feel
• Beautiful town
• Open space
• Reputation
• Good amenities/parks
• Faith-based community
• Incredible school district
• Excellent public services and public safety
• Identity
• Local business support
Weaknesses
• HWY 380 produces significant traffic and creates vehicular chaos
• Main thoroughfares creating unsightly development patterns
• Traffic
• Commercial tax base is low due to an abundance of residential
development
• Balancing the tax base that is reflective of the community’s
preferences
• Ineffectively communicated town needs
• Railroad limits development potential and also increases congestion
Opportunities
• Undeveloped land along DNT provides the Town with a competitive
development advantage
• Capturing community uniqueness
• Using community pride to determine development quality
• Utilizing the Town’s charming character to energize downtown
development
• Leveraging the Town’s great parks and functional open space for new
residential development
• Significant infill development potential near Downtown
• Location to PGA positions Prosper for spillover economic benefits
Threats
• Drive-thru abundance
• Constant multi-family development requests
• 380 Bypass disrupting existing properties and adversely affecting
current and projected development patterns
• Neighboring jurisdictions compete for commercial activity,
entertainment attractions, and revenue sources
• Adequately handling phased development requests
• Aged development not aligning with newer development standards
• Retaining small town feel can limit development potential
• Separation of goods and services connecting east and west Prosper
• Lack of infrastructure resources to meet development pressures
• Outdated regulations that do not produce what the Town desires
• Oddly located ETJs within the Town’s corporate boundaries
Exercise 3: Review and Discussion of Existing Vision Statement and Goals
This CPAC exercise allowed members to revisit and provide input on the Plan’s
vision statement and goals. Members concluded that some of the Plan’s
existing goals and objectives have lost relevance, revised goals and objectives
need to best capture the Town’s anticipated rapid growth and that the vis ion
statement needs to be clear, concise, and impactful.
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Meeting 2
Date: April 24, 2023
Location: Prosper Town Hall Chambers
Attendance: Six Prosper CPAC members and two Town staff members.
Purpose: To present a project overview, reach a consensus on revisions to the
vision statement, guiding principles, and community goals (Chapter 2), review
the market analysis (Chapter 3), and discuss the Future Land Use Plan (Chapter
4) and potential updates.
Summary: At the previous CPAC meeting, members discussed the existing
vision statement, guiding principles, and goals and objectives. Prior to the
meeting, CPAC members provided written comments on these elements. At
this meeting, the CPAC was presented the results of their previous efforts,
encompassed in Chapter 2, and reached an agreement on this draft chapter.
The Market Analysis (Chapter 3) was the next agenda item for the meeting.
TXP (Economic Consultants) presented the item and led the discussion with
the CPAC members. Notably, the Market Analysis provided forecasts for future
market employment and housing needs within the Town.
The final element of the meeting focused on nine areas on the Future Land
Use Plan map that could support updates. The CPAC reviewed each area and
discussed possible revisions. The CPAC’s discussion centered on existing land
uses, compatibility with surrounding areas, and evaluation of the remaining
vacant land opportunities.
Meeting 3
Date: June 26, 2023
Location: Prosper Town Hall Chambers
Attendance: Five Prosper CPAC members and four Town staff members.
Purpose: To present an overview of the complete draft plan, review the
revisions recommended by the CPAC from the previous meeting on April 24,
2023, reach a consensus on revisions to the Future Land Use Plan (Chapter 4),
and discuss the Neighborhood and Community Livability Chapter (Chapter 5)
and the Implementation Chapter (Chapter 6).
Summary: This meeting served as the CPAC’s opportunity to review and
discuss the complete draft of the Comprehensive Plan. The Plan was sent to
CPAC members in advance of the meeting, which included the addition of the
final two chapters: the Neighborhood and Community Livability Chapter
(Chapter 5) and the Implementation Chapter (Chapter 6). The meeting also
allowed CPAC members to review the completed revisions from the previously
reviewed chapters.
Notably, the CPAC had an in-depth and detailed discussion regarding the
proposed Future Land Use Plan map updates. The CPAC members reviewed
and discussed the merits of each potential map change. The density (dwelling
units per acre [DUA]) for each residential land use category was also
discussed. A key CPAC discussion point was to clarify that DUA calculations
should be clarified that undevelopable land, such as floodplains, should be
excluded from the density calculations.
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VISION STATEMENT
A vision communicates the reason for existence, the purpose behind planning,
and the overall goals of a community from a long-range planning and
development perspective. The primary benefit of visioning is that it clarifies
how a community will approach its critical planning, development, and growth
issues. With the clarified approach that visioning provides, the resulting Plan
will better address the future of the Town in a manner that is reflective of the
community’s interests.
The vision statement for a community should describe the community as it will
ideally exist in the future. A vision statement spells out goals or values at a
high level and promotes what the Town should become. The vision statement
for this Plan is as follows:
Prosper protects small-town character
and family values by encouraging
community participation, academic
achievement, open space, and housing
excellence.
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GUIDING PRINCIPLES AND
COMMUNITY GOALS
Guiding Principles
The guiding principles are an extension of the vision statement because they
represent the Town’s priorities. Below are five elements that emerged from
the CPAC’s input.
1. Quality of Life - Focus on quality-of-life amenities for existing and
future Prosper families to foster a desirable and unique community.
2. Quality Development - Maintain the community’s small-town feel by
ensuring quality development occurs in a cohesive manner,
compatible with neighboring developments.
3. Fiscal Responsibility - Ensure Prosper develops with a strong
understanding of the fiscal implications of a development proposal.
4. Infrastructure - Ensure new development provides adequate public
facilities and roadway improvements that accommodate the Town’s
development capacity.
5. Economic Development - Promote local economic development
efforts to support local businesses, tourism, and commercial
opportunities that grow the Town’s tax base.
Community Goals
Community goals are created to direct the formation of the Plan. They are
practical yet general points under which more specific objectives may be
located. The goals for the Plan are purposely designed to cover a wide array of
individual objectives, but were specifically crafted to address many of the
comments, issues, ideas, and concerns defined during the visioning portion of
the Plan’s creation.
The following goals, combined with the Town’s guiding principles, are
intended to provide a framework for the creation of applicable and
economically feasible land use decisions and special districts. The goals are
also intended to establish guidelines for preserving Prosper’s neighborhoods
and creating quality new residential areas, maintaining and enhancing
Prosper’s quality of life and physical characteristics, providing a safe and
attractive transportation network, and ultimately ensuring that the Town’s
infrastructure systems will be adequate to accommodate 20 -year growth. Plan
objectives are located within the Implementation chapter of this Plan.
Goal 1: Provide a variety of desirable land uses that diversify the tax base and
enable all types of people to live, work, shop, eat, and relax in Prosper.
Goal 2: Maintain and enhance the high quality of life and small-town feel
currently available and expected by Prosper residents.
Goal 3: Protect the quality and integrity of Prosper’s neighborhoods.
Goal 4: Require high-quality and visually attractive characteristics in both
residential and nonresidential developments.
Goal 5: Develop quality, open roadways that enhance compatibility with
adjacent development and provide safe and convenient traffic movements.
Goal 6: Ensure that water, wastewater, and stormwater infrastructure systems
are able to meet future growth demands.
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CHAPTER 3
MARKET ANALYSIS
INTRODUCTION 26
PAST HOUSING GROWTH 26
PAST EMPLOYMENT GROWTH 27
DEMOGRAPHIC FORECASTS 27
SUPPLEMENTAL DATA 30
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INTRODUCTION
The Market Assessment provides insight into Prosper’s current and projected
market demands. When community leaders better understand future market
conditions, they can better evaluate land use and other important Town
decisions. The type and number of homes and jobs being developed in the
Town can substantially impact the community’s quality-of-life.
PAST HOUSING GROWTH
Historical Population Growth
Prosper has experienced tremendous growth over the past decade. Since
2010, the population has increased by nearly 25,000 residents. Prosper’s 2021
population is 34,136 residents. The average household size is 3.33 people.
There are approximately 10,715 households in Prosper. The town’s population
growth has been similar to peer communities.
Figure 16. Annual Population Estimates
Year Prosper Celina Anna Melissa
2010 9,423 6,028 8,249 4,695
2020 30,225 16,771 16,935 13,941
2021 34,136 23,811 20,243 16,983
% Change
2010 to 2021 262.3% 295.0% 145.4% 261.7%
Source: U.S. Census Bureau
Prosper has permitted over 8,300 single-family residential units to support this
growth since 2010. This translates into about 700 building permits per year.
Over this same period, the Town permitted 300 multi-family units (5+ units
per building). Multi-family units were less than 4 percent of all units
permitted. For Collin County, multi-family units were 29 percent of all
residential building permits issued since 2010. In Denton County, multi-family
units were 21 percent of all residential building permits over this same period.
Figure 17. Prosper Building Permit Activity by Year
Year Single-Family 5+ Units Total
2010 280 0 280
2011 369 0 369
2012 465 0 465
2013 487 0 487
2014 557 0 557
2015 659 300 959
2016 673 39 712
2017 774 0 774
2018 924 0 924
2019 847 0 847
2020 1,115 0 1,115
2021 1,220 0 1,220
Total 8,370 339 8,709
Source: US Census Bureau Building Permits Survey
According to the North Central Texas Council of Governments’ development
dataset, 5,644 single-family units and 943 multi-family units are under
construction in Prosper. Multi-family units account for 14 percent of total
units under construction. This indicates that Prosper is increasing the share of
multi-family units in the community relative to past trends.
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PAST EMPLOYMENT
GROWTH
Prosper-based businesses have also been increasing and adding employees. I n
2010, Prosper-based businesses had 1,200 employees. By 2022, employment
at local businesses increased to 8,000 workers. The largest employment
sectors are Retail Trade, Accommodation and Food Services, and Education.
Over the long term, Prosper should attract more professional service
industries requiring commercial office space or campus developments. The
future land use plan identifies areas where commercial office buildings are
appropriate and helps to guide decisions on where Prosper has space to fost er
this type of development.
DEMOGRAPHIC FORECASTS
Overall Forecast
The North Central Texas Council of Governments Demographic forecast can be
used to estimate residential and commercial real estate needs over the next
20 years.
Figure 18. Prosper Demographic Forecast
Year Population Households Employment
2015 17,877 5,448 3,225
2022 35,629 10,715 8,374
2030 42,868 13,095 21,345
2045 58,610 18,645 41,488
Change
2022 to 2045 22,981 7,930 33,114
Source: North Central Texas Council of Governments, ESRI, TXP, Inc.
Residential Forecast Analysis
According to the American Community Survey (2021 5-Year Average), 91
percent of Prosper's existing occupied housing units are single-family
detached. This statistic represents the “Prosper Baseline” of the housing mix.
More recent data from the North Central Texas Council of Governments
indicate about 86 percent of houses are single-family. This figure highlights the
direction of the current residential real estate market. This figure is referred to
as the “Current Trend.” If Prosper trended toward the “Collin County
Average,” then 75 percent of homes would be single-family. It is common for
communities such as Prosper to initially capture a high level of single-family
home development activity as families move to the area in search of lower
housing costs, larger residential lots, and quality-of-life amenities. As the
community builds out and becomes more incorporated into the larger
metropolitan area, a greater number of multi-family units are built to
accommodate a wider variety of residents. The following table depicts the
range of new housing types built over the next 20 years.
Figure 19. Prosper Housing Type Allocation Forecast
Housing Type Prosper Baseline Current Trend Collin County
Average
Percent
Single-Family 91% 86% 75%
Multi-Family 9% 14% 25%
Total 100% 100% 100%
Units Built
Single-Family 7,216 6,794 5,947
Multi-Family 714 1,135 1,982
Total 7,930 7,930 7,930
Source: TXP, Inc.
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Employment Forecast Analysis
The U.S. Energy Information Administration Commercial Buildings Energy
Consumption Survey (CBECS) is a national sample survey that collects
information on the stock of U.S. commercial buildings . Commercial buildings
include all buildings in which at least half of the floor space is used for a
purpose that is not residential, industrial, or agricultural. By this definition,
CBECS includes building types not traditionally considered commercial, such as
schools, hospitals, correctional institutions, and buildings used for religious
worship, in addition to traditional commercial buildings , such as stores,
restaurants, warehouses, and office buildings. As part of this survey, CBECS
produces estimates for mean square feet per worker by building activity.
The following table combines the North Central Texas Council of Governments
Demographic forecast data with estimates of square footage per worker by
industry, providing a high-level or order-of-magnitude estimate based on
historical trends. The post-pandemic hybrid work model is changing real
estate needs in all industries; therefore, it is likely this data represents the
upper bound of what would be required to support this employment growth.
Figure 20. Prosper Employment Growth and Future Square Footage Needed
Basic Retail Service Total
Number of Jobs
2022 899 811 6,664 8,374
2030 2,291 1,827 17,693 21,811
2045 3,547 3,552 34,389 41,488
Change 2022 to 2045 2,649 2,740 27,725 33,114
Square Footage Analysis
Square Feet Per Worker 1,000 750 500 N/A
Total Square Feet 2,648,716 2,055,260 13,862,640 18,566,616
Source: North Central Texas Council of Governments, ESRI, U.S. Energy Information
Administration, TXP, Inc.
Figure 21. Employment Descriptions for Basic, Retail, and Service Employment Types
Employment
Type
NAICS
Code Employment Description
Basic
11 Agriculture, Forestry, Fishing and Hunting
21 Mining, Quarrying, and Oil and Gas Extraction
22 Utilities
23 Construction
31-33 Manufacturing
42 Wholesale Trade
48-49 Transportation and Warehousing (Except 491 – Post Offices)
5111 Newspaper, Periodical, Book, and Directory Publishers
5112 Software Publishers
512 Motion Picture and Sound Recording Industries (Except 51213 -
Motion Picture Theatres)
515 Broadcasting (except Internet)
517 Telecommunications
5175 Cable and Other Program Distribution
Retail
44-45 Retail Trade
71 Arts, Entertainment, and Recreation
722 Food Services and Drinking Establishments
491 Post Offices
Service
51213 Motion Picture and Video Exhibition (i.e. Theatres)
5172 Internet Publishing and Telecommunications
5179 Other Telecommunications
518-519 Internet Service Providers and News Syndicates
52 Finance and Insurance
53 Real Estate and Rental and Leasing
54 Professional, Scientific and Technical Services
55 Management of Companies and Enterprises
56 Administrative and Support and Waste Management and
Remediation Services
62 Health Care and Social Assistance
721 Accommodation
81 Other Services (except Public Administration)
92 Public Administration
6117 Educational Support Services
9999 Unknown
Source: TXP, Inc.
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Land Use Forecast Analysis
The information from Figure 20 can be used to estimate the acreage needed
to support the growth from 2022 to 2045 of the basic, retail, and service
employment categories. The total square footage from Figure 20 indicates the
amount of building space needed to house the projected employment growth.
Using this data, estimates for the land required for such buildings can be
projected, which are shown in Figure 22.
Figure 22. Acres Needed to Accommodate Projected Employment Types
Basic Retail Service
Square Feet Per Worker 1,000 750 500
Total Square Footage of New
Building Space: 2022-2045 2,648,716 2,055,260 13,862,640
Floor Area Ratio 0.1 0.25 0.25
Total Square Footage of Land
Area 26,487,160 8,221,040 55,450,560
Total Acres Per Type 608 189 1,273
Note: One Acre equals 43,560 square feet.
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30 | CHAPTER 3 MARKET ANALYSIS August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
SUPPLEMENTAL DATA
Figure 23. Prosper Developments Map
Page 299
Item 15.
PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 3 MARKET ANALYSIS | 31
Figure 24. Prosper Development List
# Name Type SubClass Class Address
1 Orion Prosper
Lakes Apartment Multi-Family Residential 880 S Coit Rd
2 Walmart
Supercenter Supercenter Retail Commercial 500 Richland Blvd
3 Artesia Subdivision Single Family Residential 1550 Artesia Blvd
4 Windsong
Ranch Subdivision Single Family Residential 1001 Windsong Pkwy S
5 Builders
FirstSource
Specialized
Retail Retail Commercial 365 W Prosper Trl
6 Prosper Mobile
Home Park Mobile Home Other Residential 401 N Coleman St
7
Prosper ISD
Administration
Building
Education
Administration Education Special Use 605 E 7th St
8 Judy Rucker El Primary
Education Education Special Use 402 S Craig Rd
9 Prosper H S Secondary
Education Education Special Use 301 Eagle Dr
10 R Steve Folsom
El
Primary
Education Education Special Use 800 Somerville Dr
11 Lorene Rogers
M S
Secondary
Education Education Special Use 1001 S Coit Rd
12 Eagles Crossing
II Shops Retail Commercial 821 North Coleman
13 Reynolds M S Secondary
Education Education Special Use 700 N Coleman St
14 Cynthia A
Cockrell El
Primary
Education Education Special Use 1075 Escalante Trl
15
Prestonwood
Baptist Church
North Campus
Worship Institutional Special Use 1001 W Prosper Trl
16 Cedar Ridge
Estates Subdivision Single Family Residential E 1st St & N Hays St
17
Primrose
School of
Prosper
Private
Education Education Special Use 1185 La Cima Blvd
18 Glenbrooke
Estates Ph I & II Subdivision Single Family Residential FM 1385 &
Glenbrooke Dr
19 Orion Prosper Apartment Multi-Family Residential 980 S Coit Rd
20 Kroger Grocery Store Retail Commercial 4201 E University Dr
21 Kroger Grocery Store Retail Commercial 4650 W University Dr
22 Kroger Grocery Store Retail Commercial 1250 N Preston Rd
23 Star Trails
Phase 1-9 Subdivision Single Family Residential W Prosper Trl &
Stargazer Way
24 Windsong
Ranch El
Primary
Education Education Special Use 800 Copper Canyon Dr
# Name Type SubClass Class Address
25
Prosper ISD
Football
Stadium
Arena/Stadium Recreation Special Use 2000 Stadium Dr
26
Cortland
Windsong
Ranch
Apartment Multi-Family Residential 4500 Bluestem Dr
27 Gates of
Prosper Stripcenter Retail Commercial S Preston Rd & Lovers
Ln
28 Lowe's Home
Improvement
Home
Improvement
Store
Retail Commercial 4301 E University Dr
29 U-Haul Self
Storage Single Tenant Office Commercial 1566 US Hwy 380
30
Texas Health
Neighborhood
Care &
Wellness
Prosper
Hospital Institutional Special Use 1970 W University Dr
31 Lakes at Legacy Subdivision Single Family Residential US 380 & Legacy Dr
32 Longo Toyota
of Prosper
Specialized
Retail Retail Commercial 2100 W University Dr
33 Hills at Legacy Subdivision Single Family Residential Legacy Dr & Scarlett Dr
34 The Parks at
Legacy Subdivision Single Family Residential Winding Oak Dr &
Cannon Dr
35 Mrs Jerry
Bryant El
Primary
Education Education Special Use 3080 Freeman Way
36 Dicks Sporting
Goods
Specialized
Retail Retail Commercial 700 Richland Blvd
37
Gates of
Prosper Phase
II Bldg A
Stripcenter Retail Commercial 1050 S Preston Rd
38
Gates of
Prosper Phase
II Bldg B
Stripcenter Retail Commercial 920 S Preston Rd
39 Prosper Elms I Apartment Multi-Family Residential 634 N Teel Pkwy
40
Townhomes at
Windsong
Ranch
Townhome Multi-Family Residential 860 Bandera Ct
41
Villas at
Windsong
Ranch
Townhome Multi-Family Residential 1000 Foxglove Ln
42 Windsong
Ranch Phase 8 Subdivision Single Family Residential Raftel Rd
43
Windsong
Ranch Phase
10
Subdivision Single Family Residential Kestrel St
44 Windsong
Ranch Phase 9 Subdivision Single Family Residential Whimbrel Ct
45 Windsong
Ranch Phase 6 Subdivision Single Family Residential Bridges Dr & Old
Rosebud Ln
46 Windsong
Ranch Phase 7 Subdivision Single Family Residential Neale St
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32 | CHAPTER 3 MARKET ANALYSIS August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
# Name Type SubClass Class Address
47 Windsong
Ranch Phase 5 Subdivision Single Family Residential Ironwood Dr
48
Windsong
Ranch Phase
3B-3D
Subdivision Single Family Residential 4340 Liberty Dr
49 Windsong
Ranch Phase 4 Subdivision Single Family Residential 3931 Blue Sage Dr
50
Windsong
Ranch Phase
3A
Subdivision Single Family Residential 4881 Rockcress Ct
51 Windsong
Ranch Phase 1 Subdivision Single Family Residential Fishtrap Rd &
Rockrose Dr
52 Windsong
Ranch Phase 2 Subdivision Single Family Residential 910 Redstem Dr
53
Gates of
Prosper Phase
3
Shops Retail Commercial NWC E University Dr &
Preston Rd
54 Cambridge
Park Estates Subdivision Single Family Residential SWC N Coleman St &
Preston Rd
55 Lakewood Subdivision Single Family Residential Lakewood Dr
56 Star Trail Phase
10-18 Subdivision Single Family Residential SWC Prosper Rd &
Legacy Dr
57 Legacy
Gardens Subdivision Single Family Residential 1410 Beverly Dr
58 Encompass
Health Hospital Institutional Special Use Mahard Pkwy
59 Brookhollow
Apartments Apartment Multi-Family Residential 4001 E University Dr
60 Prosper Lofts Loft Multi-Family Residential 491 W 5th St
61 Livano Prosper Apartment Multi-Family Residential 408 W 5th St
62 Joyce Hall El Primary
Education Education Special Use 1001 Star Meadow Dr
63 Ladera Prosper Condominium Multi-Family Residential Custer Rd
64
Denton ISD
Middle School
#9
Secondary
Education Education Special Use Denton Way
65 Falls of Prosper Subdivision Single Family Residential 1811 Newpark Way
66 Lakes at Legacy Subdivision Single Family Residential 2811 Firefly Pl
67 Greens at
Legacy Subdivision Single Family Residential Amanda Ln & Prairie
Dr
68 William
Rushing M S
Secondary
Education Education Special Use 3080 Fishtrap Rd
69 Preserve at
Doe Creek Subdivision Single Family Residential Fishtrap Rd & Grey
Wolf Dr
70 Frontier
Estates Subdivision Single Family Residential 1511 Winchester Dr
71 Tanner's Mill Subdivision Single Family Residential 341 Godstone Ln
72 Prosper Lake
on Preston Subdivision Single Family Residential 1141 Vista Run Dr
# Name Type SubClass Class Address
73
Gates of
Prosper
Apartments
Apartment Multi-Family Residential NWC S Coleman St &
Richland Blvd
74 Cook Childrens
North Campus Hospital Institutional Special Use 4300 W University Dr
75 Home Depot
Home
Improvement
Store
Retail Commercial 4450 W University Dr
76
Chuck and
Cindy Stuber E
S
Primary
Education Education Special Use 721 Village Park Ln
77 Target Specialized
Retail Retail Commercial S Preston Rd &
University Dr
78 Alders at
Prosper
Senior Living
Facilities
Group
Quarters Residential SWC Prairie Dr &
Mahard Pkwy
79
Founders
Classical
Academy of
Prosper
Charter Education Special Use 4300 E First St
80 Malabar Hill Subdivision Single Family Residential First St
81
Holiday Inn
Express &
Suites Prosper
Hotel Lodge Commercial Mahard Pkwy
82
Prosper
Marriott Town
Place Suites
Hotel Lodge Commercial Mahard Pkwy & Prairie
Dr
83 Prosper Flats Apartment Multi-Family Residential W US Hwy 380
84
Prestonwick
Mixed Use
Hotel
Hotel Lodge Commercial W US Hwy 380
85 Brookhollow
West Subdivision Single Family Residential Richland Dr
86 Tribute Senior
Living
Senior Living
Facilities
Group
Quarters Residential 190 N Preston Rd
87 Residence Inn Hotel Lodge Commercial 5050 W University Dr
88 Pradera
Townhomes Townhome Multi-Family Residential Dallas Pkwy
89 Pradera Hotel Hotel Lodge Commercial Dallas Pkwy
90 Pradera Office
Bldg 1 Multi-Tenant Office Commercial Dallas Pkwy
91 Pradera Office
Bldg 2 Multi-Tenant Office Commercial Dallas Pkwy
92 Pradera
Apartments Apartment Multi-Family Residential Dallas Pkwy
93 Pradera
Condos Bldg 1 Condominium Multi-Family Residential Dallas Pkwy
94 Pradera
Condos Bldg 2 Condominium Multi-Family Residential Dallas Pkwy
Page 301
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PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 3 MARKET ANALYSIS | 33
Population Summaries
Understanding Prosper’s demographics will assist in planning for economic
growth initiatives and needed services within the community. The Town has
experienced significant population growth within the last decade, which is
anticipated to continue moving into the next five years (see Figure 25).
Prosper’s daytime population (see Figure 26) illustrates that almost half
(48.1%) of Prosper’s 35,629 residents do not remain in the Town during
traditional working hours. This trend often indicates that residents seek jobs
and daytime opportunities elsewhere, resulting in increased vehicle trips and
exported revenue related to spending and employment.
Race and ethnicity are demographic factors that help shape a community’s
cultural identity. Understanding the Town’s racial and ethnic makeup will help
ensure that all members of the community are represented in economic
development efforts. Lastly, the level of educational attainment may be used
to market employment opportunities in the Town. Prosper’s residents are
well-educated, with 68.7% having a post-secondary degree (see Figure 28).
Figure 25. Population Summary
Year Population Growth
2010 9,523 N/A
2020 30,174 20,651 (+)
2022 35,629 5,455 (+)
2027* 42,081 6,452 (+)
*Projected Source: Esri
Figure 26. Daytime Population Summary
Daytime Population Type
2022 Daytime Population
Total Daytime Pop. % of Daytime Pop.
Workers 10,431 36.1%
Residents 18,485 63.9%
Total 28,916 100%
Source: Esri
Figure 27. Race and Ethnicity
Race & Ethnicity
% of Population
2022 2027*
Race
White 69.2% 67.0%
Black 8.5% 8.7%
Native American 0.6% 0.6%
Asian 7.9% 8.4%
Pacific Islander 0.1% 0.1%
Other Race 3.1% 3.7%
Two or More Races 10.7% 11.6%
Ethnicity
Hispanic Origin 10.7% 11.3%
Non-Hispanic Origin 89.3% 88.7%
*Projected Source: Esri
Figure 28. Educational Attainment
Highest Level of Education
2022 Population (25+ Years)
Population % of Population
Less than 9th Grade 221 1.0%
High School, No Diploma 311 1.4%
High School Graduate 2,418 10.9%
GED/Alternative Credential 355 1.6%
Some College, No Degree 3,638 16.4%
Associate Degree 1,730 7.8%
Bachelor’s Degree 9,360 42.2%
Graduate/Professional Degree 4,147 18.7%
Total Population (25+ Years) 22,180 100%
Source: Esri
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34 | CHAPTER 3 MARKET ANALYSIS August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
Market Profile
Prosper’s market potential is largely shaped by its housing and residents’
available income. The Town’s persons per household has remained relatively
constant in the last decade (see Figure 29), Prosper’s current housing vacancy
rate of 8.9% is lower than the 2010 level of 13.7% (see Figure 30) —this results
in population growth and increased market potential. Likewise, Prosper’s
share of owner-occupied units has seen a significant shift since 2010,
indicating that residents are increasingly owing property rather than renting.
Household income is one of the top driving factors for economic growth and
development opportunities. Commercial opportunities are more likely to be
established when there are residential rooftops, particularly where those
rooftops house individuals with a high household income. The average
household income in Prosper is anticipated to increase by approximately 7.1%
(see Figure 31) within the next five years.
Figure 29. Total Households and Size
Year Total Households Persons Per Household
2010 3,030 3.14
2020 9,095 3.32
2022 10,715 3.33
2027* 12,705 3.31
*Projected Source: Esri
Figure 30. Housing Unit Occupancy
Year
% of Housing Units
Owner Occupied Renter Occupied Vacant
2000 78.5% 14.8% 6.8%
2010 68.6% 17.7% 13.7%
2022 80.9% 10.9% 8.2%
2027* 80.6% 10.5% 8.9%
*Projected Source: Esri
Figure 31. Household Income
Income Base
% of Households
2022 2027*
Less than $15,000 1.3% 0.9% (–)
$15,000 to $24,999 0.8% 0.6% (–)
$25,000 to $34,999 1.7% 1.2% (–)
$35,000 to $49,999 3.1% 2.2% (–)
$50,000 to $74,999 8.4% 5.9% (–)
$75,000 to $99,999 9.0% 8.1% (–)
$100,000 to $149,999 23.2% 28.1% (+)
$150,000 to $199,999 18.6% 22.0% (+)
$200,000 or greater 30.8% 31.1% (+)
Average Household Income $187,794 $201,090 (+)
*Projected Source: Esri
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PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 3 MARKET ANALYSIS | 35
Retail Demand and Spending Outlook
The Town’s consumer habits reveal the most frequent categories and services
that households within Prosper spend their money on. Figure 32 illustrates the
spending breakdown by household based on select categories related to land
use and planning. It should be noted that households report these totals and
are not mutually exclusive; therefore, totals may overlap in areas where
categories are similar. As the table below shows, all spending categories are
anticipated to increase by 2027.
Figure 32. Consumer Spending
Select Spending Categories
Consumer Spending
2022 2027* Growth
Apparel & Services $45,742,573 $58,158,634 $12,416,061
Men’s $8,867,484 $11,269,452 $2,401,968
Women’s $15,589,929 $19,796,595 $4,206,666
Children’s $7,608,973 $9,709,410 $2,100,437
Footwear $10,357,443 $13,180,054 $2,822,611
Watches & Jewelry $2,707,496 $3,429,848 $722,352
Apparel Products & Services $1,008,390 $1,275,070 $266,680
Entertainment & Recreation $68,709,927 $87,302,192 $18,592,265
Fees and Admissions $17,381,153 $22,020,564 $4,639,411
TV, Video, & Audio $23,992,288 $30,559,572 $6,567,284
Pets $14,385,341 $18,259,851 $3,874,510
Toys, Games, Crafts, & Hobbies $2,686,105 $3,430,504 $744,399
Recreational Vehicles & Fees $2,400,903 $3,026,236 $625,333
Sports, Recreation, & Exercise
Equipment $4,230,128 $5,392,150 $1,162,022
Photo Equipment & Supplies $1,076,470 $1,370,667 $294,197
Other $2,561,563 $3,247,757 $686,194
Food $194,424,961 $247,416,460 $52,991,499
Food at Home $112,390,528 $143,039,672 $30,649,144
Food Away from Home $82,034,433 $104,376,788 $22,342,355
Select Spending Categories
Consumer Spending
2022 2027* Growth
Home $440,686,979 $559,073,189 $118,386,210
Mortgage Payment & Basics $256,982,551 $325,602,534 $68,619,983
Maintenance & Remodeling Services $66,196,689 $83,763,635 $17,566,946
Maintenance & Remodeling Materials $14,298,198 $18,171,183 $3,872,985
Utilities, Fuel, & Public Services $103,209,541 $131,535,837 $28,326,296
Home Furnishings & Equipment $31,611,721 $40,205,611 $8,593,890
Household Textiles $2,191,239 $2,787,479 $596,240
Furniture $14,363,575 $18,282,797 $3,919,222
Rugs $705,205 $892,835 $187,630
Major Appliances $8,838,676 $11,240,439 $2,401,763
Housewares $1,922,527 $2,445,561 $523,034
Small Appliances $1,103,531 $1,406,801 $303,270
Luggage $388,355 $494,959 $106,604
Telephones & Accessories $2,098,613 $2,654,740 $556,127
Insurance $153,064,464 $194,797,462 $41,732,998
Owner’s & Renter’s Insurance $13,944,270 $17,729,408 $3,785,138
Vehicle Insurance $40,545,170 $51,768,301 $11,223,131
Live & Other Insurance $13,167,306 $16,666,888 $3,499,582
Health Insurance $85,407,718 $108,632,865 $23,225,147
Transportation $136,492,987 $174,141,720 $37,648,733
Payments on Vehicles (non-leased) $61,045,519 $77,902,550 $16,857,031
Gasoline and Motor Oil $51,408,260 $65,591,905 $14,183,645
Vehicle Maintenance & Repairs $24,039,208 $30,647,265 $6,608,057
Travel $44,586,273 $56,517,777 $11,931,504
Airline Fees $14,208,651 $18,013,785 $3,805,134
Lodging on Trips $15,894,951 $20,126,859 $4,231,908
Auto & Truck Rental on Trips $1,266,787 $1,607,701 $340,914
Food & Drink on Trips $13,215,884 $16,769,432 $3,553,548
*Projected Source: Esri
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CHAPTER 4
FUTURE LAND USE PLAN
INTRODUCTION 38
LAND USE ANALYSIS 40
2023 FLUP MAP 48
FUTURE LAND USE CATEGORIES 50
LAND USE CONCEPTS 66
ULTIMATE CAPACITY AND POPULATION PROJECTIONS 72
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INTRODUCTION
Overview
The right of a municipality to coordinate growth is rooted in its need to
protect the health, safety, and welfare of local citizens. An important part of
establishing the guidelines for such responsibility is the Future Land Use Plan,
which establishes an overall framework for the preferred pattern of
development within Prosper. The Future Land Use Plan is generally intended
solely to be a comprehensive blueprint of Prosper’s vision for its future land
use pattern. Specifically, the Future Land Use Plan des ignates various areas
within the Town for particular land uses, based principally on the specific land
use policies outlined in this plan.
The Future Land Use Plan is graphically depicted for use during the
development plan review process with the Future Land Use Plan map. The
Future Land Use Plan should ultimately be reflected through the Town’s policy
and development decisions. The Future Land Use Plan map is not a zoning
map, which deals with specific development requirements on individual
parcels. The zoning map and changes in zoning should, however, be based on
the Future Land Use Plan and related Future Land Use Plan map.
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Legal Authority
The authority of a community to create a comprehensive plan is rooted in
Chapters 211, 212, and 213 of the Texas Local Government Code.
Chapter 211
Chapter 211 of the Texas Local Government Code allows the government body
of a community to regulate zoning.
Chapter 212
Chapter 212 of the Texas Local Government Code allows the governing body
of a community to regulate subdivision development within community limits
and also within the Extraterritorial Jurisdiction (ETJ).
Chapter 213
Chapter 213 of the Texas Local Government Code allows the governing body
of a community to create a comprehensive plan for the “long-range
development of the municipality.” Basic recommendations for comprehensive
planning are to address land use, transportation, and public facilities but may
also include a wide variety of other issues determined by the community.
It is important to note that a comprehensive plan is NOT a zoning ordinance,
but rather a tool to guide development, infrastructure, and land use decisions
in the future. The comprehensive plan does, however, serve as a basis on
which zoning decisions are made, as specified by Chapter 211 of the Texas
Local Government Code.
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40 | CHAPTER 4 FUTURE LAND USE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
LAND USE ANALYSIS
Existing Land Use
The breakdown of existing land uses within Prosper’s incorporated limits and
extraterritorial jurisdiction (ETJ), collectively referred to as the Planning Area ,
is reflected in Figure 33. Understanding the current built environment and
land use relationships will inform the Town of areas of development
opportunities and constraints as growth continues. Excluding vacant land and
dedicated rights-of-way, Single-Family development occupies the majority of
existing land uses at approximately 27.1%. The next largest land use is Parks
and Open Space at 6.8%. Almost half (44%) of Prosper’s incorporated limits
remain vacant, offering significant infill and greenfield development
opportunities.
Existing Land Use Category
Town Limits ETJ Planning Area
Acres % Acres % Acres %
Single-Family 4,285.6 26.4% 320.7 43.4% 4,606.3 27.1%
Two-Family (Duplex) 1.9 0.0% 0.0 0.0% 1.9 0.0%
Townhome 26.4 0.2% 0.0 0.0% 26.4 0.2%
Multifamily 68.7 0.4% 0.0 0.0% 68.7 0.4%
Manufactured Home 16.7 0.1% 0.0 0.0% 16.7 0.1%
Retail 272.0 1.7% 3.3 0.4% 275.3 1.6%
Office 72.2 0.4% 1.8 0.2% 74.0 0.4%
Commercial 404.8 2.5% 14.2 1.9% 419.0 2.5%
Industrial 9.8 0.1% 0.0 0.0% 9.8 0.1%
Public/Semi-Public 779.0 4.8% 4.7 0.6% 783.7 4.6%
Private Recreation 229.2 1.4% 0.0 0.0% 229.2 1.3%
Parks and Open Space 1,125.9 6.9% 36.3 4.9% 1,162.2 6.8%
Utility 38.7 0.2% 2.3 0.3% 41.0 0.2%
Vacant 7,149.7 44.0% 252.1 34.1% 7,401.8 43.6%
Right-of-Way 1,772.4 10.9% 103.6 14.0% 1,876.0 11.0%
Total 16,253.0 100.0% 739.0 100.0% 16,992.0 100.0%
0%10%20%30%40%50%60%70%80%90%100%
Figure 33. Existing Land Use Distribution (Planning Area)
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Figure 34. Existing Land Use Map (2023)
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42 | CHAPTER 4 FUTURE LAND USE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
Zoning Distribution (inside the Town Limits)
Prosper’s incorporated Town limits is broken down into six zoning districts:
• Agriculture
• Single-Family
• Multi-Family
• Mixed-Use
• Office/Service
• Retail/Commercial
Figure 35 illustrates the distribution of these six zoning districts across the
Town. The predominant zoning district is Single-Family, which occupies 62.5%
of the total incorporated area in Prosper. The next largest zoning distributions
are Retail/Commercial, followed by Agriculture, occupying 16% and 11.9% of
the Town, respectively. The Town’s zoning distribution is an indication of the
land uses Prosper will see as land develops.
Figure 36 illustrates the share of the vacant property in the Town limits
(7,149.7 acres) within each zoning district. The largest share of the vacant
properties within the Town (46.8%) are zoned Single-Family, and the smallest
share (1.7%) is zoned Multi-Family. Understanding the zoning of Prosper’s
vacant land area will inform if the Town should seek zoning changes in order
to promote different land uses.
Zoning District
Town Limits Vacant Developed
Acres % Acres % Acres %
Agriculture 1,936.0 11.9% 1,006.4 14.1% 929.7 10.2%
Single-Family 10,263.9 63.1% 3,348.2 46.8% 6,817.5 74.9%
Multi-Family 167.2 1.0% 118.3 1.7% 48.9 0.5%
Mixed-Use 975.6 6.0% 753.7 10.5% 222.0 2.4%
Office/Service 408.8 2.5% 222.1 3.1% 186.7 2.1%
Retail/Commercial 2,501.7 15.4% 1,701.0 23.8% 898.9 9.9%
Totals 16,253.3 100.0% 7,149.7 100.0% 9,103.6 100.0%
0%10%20%30%40%50%60%70%80%90%100%
Figure 36. Vacant Land Distribution by Zoning District
0%10%20%30%40%50%60%70%80%90%100%
Figure 35. Zoning Distribution
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Figure 37. Existing Zoning Map (2023)
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44 | CHAPTER 4 FUTURE LAND USE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
Existing Single-Family Lot Size Analysis
A review of lot sizes of single family homes in the Town can be insightful in
understanding the extent of housing variety, ratio mix of lot sizes, amount of
land for each lot size category, and near-term (next two to three years)
population capacity for single family homes.
The Town’s single family lots, which includes all lots in pre-construction (i.e.,
lot in the process of developing developed), have been divided in five
categories that correspond to low density, medium density, and high density
from the Future Land Use Plan categories descriptions. The above table shows
the percentages of each lot size category, with lots ranging from 7,501 to
12,500 being the largest category with 49.5 percent of all total lots.
The highest density lots, single family lots that are 7,500 square feet are
smaller, comprised 19.4 percent of the total lots and 8.2 percent of the land
used for single family purposes. The lowest density lots, single family lots that
are one acre or great, comprised of 4.5 percent of the total lots and 26.8
percent of the land used for single family purposes.
The table includes all lots in the land development process, such as lots or
subdivision being approved and platted, but not built. If the total number of
lots is used to project a population projection, then a better understanding
can be had regarding how many people may be living within the Town in the
next two to three years. However, this number will have ambiguity since
multiple-family is not factored into the calculation.
If all the platted lots within the Town had a single family home built, then
there would be approximately 47,700 living within those homes. This
projection is calculated as one lot equals one single-family home, with a family
size of 3.33 persons and an occupancy rate of 91.4%.
Figure 38. Existing Single-Family Residential Lot Size Analysis
Existing Single-Family Residential Lot Size Analysis
Lots Size Category Density
Number of Lots Acres by Category Population by Category*
# % # % # %
1 acre or larger Low 703 4.5% 1,408 26.8% 2,140 4.5%
20,001 to 1 acre Low 762 4.9% 494 9.4% 2,319 4.9%
12,501 to 20,000 Low or Medium 3,388 21.6% 1,141 21.7% 10,312 21.6%
7,501 to 12,500 Medium or High 7,784 49.6% 1,784 33.9% 23,692 49.6%
7,500 or smaller High 3,041 19.4% 430 8.2% 9,256 19.4%
Total 15,678 100.0% 5,257 100.0% 47,718 100.0%
* Population is calculated as one lot equals one single-family home, with a family size of 3.33 persons and an occupancy rate of 91.4%.
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Figure 39. Single-Family Lots Sizes (2023)
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Supplemental Maps
Figure 40. Existing Undeveloped Parcels (2023)
Figure 41. Parks, Recreation, & Open Space Master Plan (2015)
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Figure 43. Wastewater System Map
Figure 42. Water System Map
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2023 FLUP MAP
The proposed FLUP map accounts for the ten areas of reconsideration. While
some of these FLUP changes are more substantive than others, these changes
are to guide development outcomes that provide a land use scenario that
brings balance to the Town’s tax base, reflects market projections, and
presents an array of goods, services, and amenities to residents. The overall
direction of the FLUP map will continue to provide a development buildout
that predominantly generates single-family residential products.
Future Land Use Category
Town Limits ETJ Planning Area
Acres % Acres % Acres %
Low Density Residential 2,856.3 17.6% 62.5 8.4% 2,918.8 17.2%
Medium Density Residential 4,630.9 28.5% 94.2 12.7% 4,725.2 27.8%
High Density Residential 1,734.0 10.7% 409.6 55.5% 2,143.6 12.6%
Retail & Neighborhood Services 958.0 5.9% 6.6 0.9% 964.6 5.7%
Business Park 202.7 1.2% 0.0 0.0% 202.7 1.2%
Old Town District 248.9 1.5% 0.0 0.0% 248.9 1.5%
Town Center 530.6 3.3% 0.0 0.0% 530.6 3.1%
Dallas North Tollway District 1,363.8 8.4% 15.0 2.0% 1,378.8 8.1%
US Highway 380 District 1,061.5 6.5% 0.0 0.0% 1,061.5 6.2%
Parks 1,078.2 6.6% 0.2 0.0% 1,078.3 6.3%
Floodplain 1,588.1 9.8% 151.0 20.4% 1,739.1 10.2%
Totals 16,253.3 100.0% 739.0 100.0% 16,992.0 100.0%
Figure 44. 2023 FLUP Map Distribution (Planning Area)
0%10%20%30%40%50%60%70%80%90%100%
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PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 4 FUTURE LAND USE PLAN | 49
Figure 45. 2023 Future Land Use Plan Map
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FUTURE LAND USE
CATEGORIES
The Future Land Use Plan map is composed of 11 land use categories. Each
was created by analyzing existing conditions to determine the type of land use
and development that could improve and reshape the current development
pattern. With Prosper’s rapid growth, development efforts will be focused on
strategic locations in the Town’s core surrounding the Dallas North Tollway. As
such, some land use categories were designed to allow for a mix or
combination of land uses that would complement or enhance the general
character of the area.
Each category identifies a primary use that is accompanied by secondary uses.
This strategy allows the Town to be flexible with market demands that may
change over time. Although primary uses should remain consistent throughout
the life of the Plan, secondary uses have the flexibility to change so long as
they complement the primary use.
How to Read the Land Use Categories
Each future land use category sheet includes several components to help
readers understand the intent and concepts in each category.
Category Descriptions
This section provides a general description of the broad vision, form, and
desired characteristics for each future land use category. These descriptions
are aspirational in nature, intended to describe the typical qualities of each
category, and may not reflect the full variety of uses and existing conditions of
individual locations. (For example, the High Density Residential future land use
category, while primarily multi-family residential in nature, will cover
neighborhoods in Prosper ranging from single-family homes to apartments.)
Appropriateness of New Uses
This chart illustrates the compatibility of land uses for new growth and
redevelopment in each category. Some areas may have existing uses noted as
“not a compatible use” that are expected to remain in active and productive
use.
Development Types
The charts with compatibility of new uses also show a list of residential and
nonresidential development types. Those development types are shown in
Figure 46. Residential Development Types and Figure 47: Nonresidential
Development Types.
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PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 4 FUTURE LAND USE PLAN | 51
Figure 46. Residential Development Types
Residential Development Types
Development Type Description Illustration
Agricultural
• Land used for farming, ranching, or other similar
purposes, including structures that are supportive of the
agrarian lifestyle
• Typical structures include houses, barns, and storage
buildings
Cluster Subdivision
• Land development with a focus on the protection of
natural resources and open space
• Clustering of detached residential uses to preserve
certain environmentally or agriculturally valuable lands
• Typically applicable to rural or large-lot suburban areas
where there’s a critical need to conserve natural areas
and/or prime farmlands
Single-Family, Large Lot
• One dwelling unit on a lot in a single stand-alone building
• Generally, the largest lots of all residential development
types with low density, scale, and intensity
Single-Family, Medium
Lot
• One dwelling unit on a lot in a single stand-alone building
• Generally located on medium-sized lots of all residential
development types with low density, scale, and intensity
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Single-Family, Small Lot
• One dwelling unit on a lot in a single stand-alone building
• Generally, the smallest lots of all single-family residential
development types
• Dwellings are typically smaller in scale compared to the
other single-family development options
Townhome
• Typically three to eight dwelling units on a lot, usually
sharing a wall
• Similar in character and style to single-family detached
housing
• Units are usually tall narrow houses (often 2 or more
stories) built close to front property lines
Duplex
• Two dwelling units on a lot, usually sharing a wall
• Similar in character and style to single-family detached
housing
Senior Housing
• Multiple housing units contained within a single building
• Units are usually stacked on top of each other
• Usually, the individual units are age-restricted and for
rent or sale
• Additional facilities may be provided, including
cafeterias, home health care services, and exercise
facilities
Apartment
• Multiple housing units contained within a single building
• Units are usually stacked on top of each other
• Typically, more than 12 units per lot, creating a complex
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Figure 47: Nonresidential Development Types
Nonresidential Development Types
Development Type Description Illustration
Mixed-Use,
Neighborhood Scale
• Both residential, office, retail and/or other uses contained within a single building or
development
• These uses may be horizontal mixed-use (next to each other) or vertical mixed-use
(stacked on top of each other)
• In vertical mixed-use, the ground floor is encouraged to be food and beverage or
pedestrian-oriented retail and services, to encourage foot traffic and activity.
• “Neighborhood scale“ denotes density, intensity and scale are lower and more
compatible with residential neighborhood land uses, with 4-12 units per lot and low-
to low-/mid-rise building heights.
Mixed-Use,
Community Scale
• Similar to mixed-use, Neighborhood Scale above but with an elevated intensity and
scale with 12+ units per lot and low/mid- to mid-rise building heights
Mixed-Use, Regional
Scale
• Similar to the mixed-use development types above but with the highest intensity and
scale
• Buildings range from low to high-rise heights
• Typically more than 30 units per lot
Neighborhood Office
and Commercial
• Small developments purposed for professional, medical, and administrative services
• Typically this development type provides spaces for doctors, lawyers, dentists, real
estate agents, architects, and accountants
• Usually located near residential uses with minimal development impacts
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54 | CHAPTER 4 FUTURE LAND USE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT PROSPER COMPREHENSIVE PLAN
Regional Office and
Commercial
• Large developments purposed for professional, medical, and administrative services
• Typically this development type provides spaces for doctors, lawyers, dentists, real
estate agents, architects, and accountants
Neighborhood
Shopping Center
• Provides multiple retail and service establishments on one site, usually with some
food and beverage uses
• “Neighborhood scale” denotes intensity and scale are lower and more compatible
with residential neighborhood land uses, with primarily low-rise building heights
Regional Shopping
Center
• Similar to Neighborhood Shopping Center scale but with increased intensity
• Building heights are primarily low-mid to mid rise
• Large retail tenants typically anchor this development type
Light Industrial/Flex
Space
• Light Industrial is manufacturing, processing, assembly, warehouse, and similar uses
that do not generate nuisances (noise, odor, dust, etc.)
• Uses are able to house the entire operation inside the building
• Outdoor storage of materials/products may occur but at small capacities
• Less truck traffic occurs
• Flex Space is a building that can adapt to and house a variety of tenants and/or uses,
such as offices, warehouse, and production or research space
Civic/Recreation/Open
Space
• Parks, recreational facilities, and open spaces that support other development types
• This development type is considered appropriate or compatible within all land use
categories
• Park design should be contextually sensitive and provide the types of amenities
appropriate for the surrounding land uses
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Low Density Residential
This land use is indicative of large-lot single-family homes with large front yard
setbacks from roadways and large side yard setbacks separating homes to
reinforce openness. Typically speaking, lot sizes within any low density
development will range between 15,000 square feet and 1+ acre (43,560+
square feet) in size. While various lot sizes may be used, the gross density of
low density residential neighborhoods should not exceed 1.6 dwelling units
per acre. Gross density calculations should exclude undevelopable land, such
as floodplains, detention ponds, and conservation easements, due to its
inability to accommodate housing.
Large-lot homes will provide a continuation of the rural atmosphere and feel
that was intensely expressed by Prosper’s residents. Homes are generally
farther apart than homes in the other residential land use types and should be
buffered from major commercial areas by medium or high density residential
development. Most low density residential areas will be located in Northeast
Prosper.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ● ● ● Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ● ● ● Mixed-Use,
Community Scale ○ ○ ○
Single-Family, Large
Lot ● ● ● Mixed-Use, Regional
Scale ○ ○ ○
Single-Family,
Medium Lot ● ● ○ Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ○ ○ ○
Townhome ○ ○ ○ Neighborhood
Shopping Center ○ ○ ○
Duplex ○ ○ ○ Regional Shopping
Center ○ ○ ○
Senior Housing ○ ○ ○ Light Industrial/Flex
Space ○ ○ ○
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ● ●
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Medium Density Residential
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 those developments will typically not be less than 1.6 dwelling
units per acre or greater than 2.5 dwelling units per acre. Gross density
calculations should exclude undevelopable land, such as floodplains , detention
ponds, and conservation easements, due to its inability to accommodate
housing.
Additionally, residential development should focus on creating a suburban
atmosphere. Clustering should be encouraged to preserve open space and
environmentally sensitive areas. Development standards should ensure
adequate open space and efficient roadway and pedestrian connectivity to
schools, neighborhood amenities, and parks. Any supporting nonresidential
uses should be similar in scale to the residential properties, including
appropriate landscaping and buffering, and be located on major
thoroughfares.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ● ● ○ Mixed-Use,
Community Scale ○ ○ ○
Single-Family, Large
Lot ● ● ● Mixed-Use, Regional
Scale ○ ○ ○
Single-Family,
Medium Lot ● ● ● Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ● ● ○ Regional Office and
Commercial ○ ○ ○
Townhome ○ ○ ○ Neighborhood
Shopping Center ○ ○ ○
Duplex ○ ○ ○ Regional Shopping
Center ○ ○ ○
Senior Housing ○ ○ ○ Light Industrial/Flex
Space ○ ○ ○
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ● ●
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High Density Residential
The high density residential category represents the most intense residential
land uses permitted in Prosper. High density single-family uses will consist of
developments greater than a gross density of 2.5 dwelling units per acre and
lot sizes smaller than 10,000 square feet.
Within Prosper, the High Density Residential land use category reflects the
Artesia development, where single-family residential lot sizes and the 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 multi-family or single-family attached
dwelling units and may include mixed-use lofts/apartments, patio homes,
snout houses, brownstones, and townhomes. Housing options should be
complementary, emphasizing connectivity and access to neighborhood
amenities, including schools and parks. Development standards for housing
and any nonresidential uses should be in place to ensure compatibility through
increased setbacks for taller buildings, site designs that are consistent with the
neighborhood, and enhanced landscaping.
Additionally, any nonresidential uses should be located primarily at l arger
intersections and should include appropriate buffering and pedestrian
orientation to support the surrounding residents. Certain residential uses like
townhomes and patio homes can be used as a transitional use between low
density areas, and higher intensity uses, such as commercial and retail activity.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ○ ○ ○
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ○ ○ ○
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ● ● ○ Regional Office and
Commercial ○ ○ ○
Townhome ● ● ● Neighborhood
Shopping Center ○ ○ ○
Duplex ● ● ● Regional Shopping
Center ○ ○ ○
Senior Housing ● ● ● Light Industrial/Flex
Space ○ ○ ○
Apartment ● ● ○ Civic/Recreation/Open
Space ● ● ●
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Retail & Neighborhood Services
Neighborhood services typically include retail establishments that provide
merchandise for retail sale, banks, neighborhood office, and small medical
offices. Typically, development includes small-or medium- scale development
ranging from 1,500 square feet to 45,000 square feet and one to two stories in
height. 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, US 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.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ● ● ●
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ● ● ●
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ● ● ○
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ● ● ●
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ● ● ○
Townhome ○ ○ ○ Neighborhood
Shopping Center ● ● ●
Duplex ○ ○ ○ Regional Shopping
Center ● ● ○
Senior Housing ○ ○ ○ Light Industrial/Flex
Space ○ ○ ○
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ● ●
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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 to minimize visibility from the Tollway.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ● ● ●
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ● ● ●
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ● ● ○
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ● ● ●
Townhome ○ ○ ○ Neighborhood
Shopping Center ● ● ○
Duplex ○ ○ ○ Regional Shopping
Center ● ● ●
Senior Housing ● ○ ○ Light Industrial/Flex
Space ○ ○ ○
Apartment ● ● ○ Civic/Recreation/Open
Space ● ● ○
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US Highway 380 District
Much like the Dallas North Tollway District, the US Highway 380 District will
contain a variety of different uses. The major contrast between US 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 convenience stores, home service centers
with outside storage, garden center with outside storage and other similar
uses which serve the community but are not necessarily d esired 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 medium to high density uses. These residential areas
may serve as a buffer between more intense activity along US Highway 380
and low density residential areas to the north.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ● ● ●
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ● ● ●
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ● ● ●
Townhome ● ● ○ Neighborhood
Shopping Center ○ ○ ○
Duplex ● ● ○ Regional Shopping
Center ● ● ●
Senior Housing ● ● ○ Light Industrial/Flex
Space ● ● ○
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ○ ○
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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 US 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 pedestrians 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.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ● ● ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ● ● ○
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ● ● ●
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ● ● ○
Single-Family, Small
Lot ● ● ○ Regional Office and
Commercial ● ● ●
Townhome ● ● ○ Neighborhood
Shopping Center ● ● ○
Duplex ● ● ○ Regional Shopping
Center ● ● ●
Senior Housing ● ● ● Light Industrial/Flex
Space ○ ○ ○
Apartment ● ○ ○ Civic/Recreation/Open
Space ● ● ○
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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.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ● ● ●
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ● ● ●
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ● ● ○
Single-Family,
Medium Lot ● ● ○ Neighborhood Office
and Commercial ● ● ●
Single-Family, Small
Lot ● ● ● Regional Office and
Commercial ● ● ○
Townhome ● ● ● Neighborhood
Shopping Center ● ● ●
Duplex ● ● ● Regional Shopping
Center ○ ○ ○
Senior Housing ● ● ● Light Industrial/Flex
Space ○ ○ ○
Apartment ● ● ○ Civic/Recreation/Open
Space ● ● ●
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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, 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. Residential uses are not appropriate within these areas in
order to ensure the Town’s ability to attract and maintain employment -
generating uses.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ○ ○ ○
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ○ ○ ○
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ● ○ ○
Townhome ○ ○ ○ Neighborhood
Shopping Center ○ ○ ○
Duplex ○ ○ ○ Regional Shopping
Center ○ ○ ○
Senior Housing ○ ○ ○ Light Industrial/Flex
Space ● ● ●
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ● ○
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Parks, Recreation, and Open Space
This land use category is intended to preserve open spaces for the protection
and enjoyment of natural areas. Areas within this designation are primarily
located along the floodway running throughout the Town. Parks, trails, and
other recreational amenities should be integrated into and easily accessible
from residential neighborhoods and developments. These uses are typically
allowed in any zoning district. Future park locations that are not identified on
the Future Land Use Plan map may be identified in the 2015 Parks Plan.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ○ ○ ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ○ ○ ○
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ○ ○ ○
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ○ ○ ○
Townhome ○ ○ ○ Neighborhood
Shopping Center ○ ○ ○
Duplex ○ ○ ○ Regional Shopping
Center ○ ○ ○
Senior Housing ○ ○ ○ Light Industrial/Flex
Space ○ ○ ○
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ● ●
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Floodplain
This land use category is intended to show where the floodplains are located
within the Town. This category is a general depiction of the floodplain
locations; to determine if a property is within a floodplain (such as a 100-year
floodplain), a floodplain survey and study typically is performed. Floodplains
are areas where flooding typically occurs and most buildings and structures
are not placed within the floodplain due to regulatory and safety concerns.
Parks, trails, and other recreational amenities can be integrated into and easily
accessible from residential neighborhoods and developments. These uses are
typically allowed in any zoning district.
Use Appropriateness
● ● ● = Appropriate primary uses
● ● ○ = Conditional as primary uses
● ○ ○ = Conditional as secondary uses
○ ○ ○ = Inappropriate use
Residential Nonresidential
Agricultural ● ● ○ Mixed-Use,
Neighborhood Scale ○ ○ ○
Cluster Subdivision ○ ○ ○ Mixed-Use,
Community Scale ○ ○ ○
Single-Family, Large
Lot ○ ○ ○ Mixed-Use, Regional
Scale ○ ○ ○
Single-Family,
Medium Lot ○ ○ ○ Neighborhood Office
and Commercial ○ ○ ○
Single-Family, Small
Lot ○ ○ ○ Regional Office and
Commercial ○ ○ ○
Townhome ○ ○ ○ Neighborhood
Shopping Center ○ ○ ○
Duplex ○ ○ ○ Regional Shopping
Center ○ ○ ○
Senior Housing ○ ○ ○ Light Industrial/Flex
Space ○ ○ ○
Apartment ○ ○ ○ Civic/Recreation/Open
Space ● ● ○
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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 to 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.
Practical Regulatory Example
Madison, Wisconsin
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What does Mixed-Use Look Like?
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, US 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.
Horizontal and Vertical Mixed-Use Development
Mixed-use developments that include a range of land uses incorporated within
the same building, but typically on 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 five 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, one- to three-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 US Highway 380 and
Town Center Districts.
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Context-Sensitive Solutions
Context-sensitive solutions (CSS) is the practice of developing transportation
projects that serve all users and meet the needs of the neighborhoods through
which they pass. It is a collaborative process that involves Town staff, property
owners, developers, and business owners in the development of street
designs that fit into the character of surrounding neighborhoods while
maintaining safety and mobility. The key is that elements of the street should
complement the context of surrounding or adjacent development in order to
generate a “roadway experience” and therefore the roadway may take on
certain characteristics to support and be compatible with adjacent
development. The process of designing CSS roadways is similar to the process
of designing traditional thoroughfares in that automobile traffic is considered
with traffic counts, traffic demand, and level of service information-gathering
efforts. The difference is that in addition to automobile traffic, other elements,
such as pedestrian traffic, building form, and land use, are also carefully
considered.
The CSS approach recommends designing thoroughfares based upon:
• Community objectives
• Functional classes
• Thoroughfare types
• Adjacent land use
• Environmental considerations
In order to design accordingly, decision makers must understand the key
relationship between transportation and land use, particularly the flexibility
that may be needed in roadway design in order to accommodate a
thoroughfare to changing urban form within the community. Understanding
key community objectives for land use within the community is also important
to ensure that public infrastructure investments are in line with ultimate land
use objectives.
Coleman Road is a prime example of an application of context-sensitive
solutions in Prosper. The southern portion of Coleman Road will traverse the
Town Center. In this area, it must consider the more intense development that
will likely be located within the Town Center and its focus will be primarily
placed on moving traffic and safely accommodating the pedestrian. As the
roadway moves into the Old Town District, it must respect the character of Old
Town. The roadway will likely narrow and head-in and parallel parking will
likely be utilized. Other pedestrian amenities, such as bulb-outs, street trees
and enhanced sidewalks may be considered. As Coleman Road continues to
the north of Old Town, it will transition into a residential thoroughfare with
more lanes added and on-street parking removed.
Building Orientation
Building orientation can significantly affect the appearance of the community.
Over the past several decades, strip shopping centers have been defined by
large setbacks and parking areas located between the building and the
roadway. With this type of design, much of the visual identity of the corridor is
placed on the parking lots and vehicles, rather than on the architecture and
identity of the community and the buildings themselves.
High quality nonresidential development should be a priority in Prosper and
that the “cookie-cutter” strip centers that define many suburban
neighborhoods should be discouraged within Prosper. Building orientation is a
way to ensure that high-quality retail and commercial centers are developed
within Prosper.
Retail centers should be clustered together, when possible, creating nodes of
activity rather than strips of activity. Neighborhood retail centers will most
likely be located at major intersections within Prosper. Clustering of buildings
into nodes of activity can often help to define outdoor spaces such as plazas
and courtyards and the strategic orientation of buildings can also minimize
circulation conflicts.
An additional design that may be considered is the placement of parking areas
behind buildings rather than along the roadway frontage. The visual
experience is then focused on the landscaping and architectural design of the
building, rather than on a large parking lot located in the front.
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Multi-Family Development
Multi-family development must be well-planned and accounted for within
Town limits. With more multi-family development requests, locations and
standards for such development must be carefully considered to meet the
Town’s expectations. While North Texas multi-family development has
historically been associated with sprawling, garden-style apartments from the
20th century, multi-family developments have greatly improved since the start
of the 21st century. For instance, many multi-family developers are not
constructing garden-style apartment complexes, but modern, higher density,
multi-family developments that are attractive to young professionals and
empty nesters. These developments are typically of a high-quality appearance
and provide luxury amenities like dog parks and pet cleaning stations,
saltwater pools, structured or covered parking, saunas, and innovative
clubhouses. Additionally, some multi-family developments incorporate other
uses on the ground floor like office spaces, retail shops, and restaurants to
create a vibrant, inclusive, and cohesive development.
In Prosper’s instance, multi-family development should occur at strategic
locations and have strict development standards and offer a high level of
amenities to residents. This will create attractive multi-family developments
that serve a critical housing need for a rapidly growing community like
Prosper.
Any new multi-family development product should:
1) Meet the Town’s vision of providing housing excellence (see the
Vision Statement on page 22),
2) Provide quality-of-life amenities to foster the development and the
Town as a desirable and unique community (see the Guiding
Principles and Community Goals on page 23),
3) Be compatible with neighboring developments,
4) Be at a high density (more than 40 dwelling units per acre), and
5) Be located in the DNT District.
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Development Standards
Most communities regulate multi-family developments through development
standards. These standards typically control the size, density, design, amenity
features, parking, landscaping, and location of multi-family developments. For
example, some communities require multi-family developments to provide an
amenity feature for every 50 units provided. Others require multi -family
projects to provide structured parking located behind the building to eliminate
parking seas that are synonymous with garden-style apartments. Additionally,
some communities prevent apartments from being less than three stories tall
and require site design features like building articulations and massing to
reduce outdated apartment style possibilities.
However, most communities rely on density requirements to incentivize a
particular multi-family style. For example, low density requirements, like 16
dwelling units per acre, can produce antiquated, sprawling garden style
apartment complexes. While these types of apartments generate needed
housing, it is not the type of new housing the community aspires to see.
Instead, the community prefers to see modern apartments with some retail
services located in the DNT District. The Town should consider increasing
density requirements to at least a minimum of 40 dwelling units per acre to
achieve such an apartment style.
Amenities, structured parking, range of unit densities, types, and size,
integration into the street and trails network, public art and industry leading
building designs and materials should guide the Town’s preferences for multi -
family development.
Location
All development should not be allowed everywhere. Residential development
is no different in that multi-family developments should be located in strategic
areas where there is infrastructure capacity, housing shortages, and retail
services nearby. For instance, some communities have identified areas where
housing needs are most needed, and in those locations, multi -family
development is preferred. Particularly s ome of these developments are
preferred along arterial roads and highways or where master planned mixed-
use developments are anticipated. In Prosper’s instance, multi-family may be
preferable near intersections in the Dallas North Tollway District. Additionally,
multi-family development may be suitable in other locations behind
commercial nodes where a transition from commercial to single-family
residential development may be necessary.
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Drive-Thrus
Commercial development and traffic go hand in hand, and developments that
provide drive-thru access exacerbate traffic concerns. Drive-thru proliferation
in commercial areas can cause unsightly development, excessive ingress and
egress points, queuing complications, noise, and clunky internal circulation.
Although this plan can suggest where drive-thru locations may be most
desirable, the Town’s development regulations control development design. In
Prosper’s instance, it may be beneficial for the Town to revisit its development
regulations pertaining to drive-thrus and revise standards that create traffic
issues. For example, the Town could:
• Eliminate drive-thrus entirely,
• Require increased standards that specify queuing and drive-thru lane
requirements,
• Restrict drive-thru allowances for buildings that front higher classified
roadways,
• Apply a distance requirement from residential uses and zoning
districts,
• Require uses that incorporate drive-thrus to have an increased
minimum setback to ensure vehicle queuing does not occur at the
front of the property,
• Require drive-thru approval through the specific use permit process,
or
• Restrict drive-thrus by lot size.
Regulations like the ones above can ensure large, multi-use developments will
not create adverse development impacts throughout the Town.
Practical Regulatory Examples
Arlington, TX |Tyler, TX | Palm Beach County, FL | Frisco, TX | Centennial, CO
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ULTIMATE CAPACITY AND
POPULATION
PROJECTIONS
Ultimate Capacity
Figure 48 projects the ultimate capacity, or “build-out” of the Town. Assuming
the currently vacant areas develop as shown in the Future Land Use Plan map
(see Figure 45), the Town could accommodate about 77,308 residents. If
Artesia (which is a development located outside of the Town limits, but
completely enclosed within the Town’s limits) is added to the projection, then
the buildout population would be approximately 85,337.
Figure 48. 2023 Estimated Buildout Capacity
Land Use Vacant
Acreage DUA Dwelling
Units PPH Occupancy
Rate Total Pop
Low Density 540 1.2 648 3.4 91.4% 2,014
Medium Density 1,833 2.3 4,217 3.4 91.4% 13,103
High Density 21 4.0 84 3.4 91.4% 260
Dallas North Tollway District* 150 40.0 6,017 2.4 91.4% 13,200
US Highway 380 District* 94 4.0 375 2.4 91.4% 822
Town Center District 47 12.0 558 2.4 91.4% 1,224
Old Town District** - - 242 2.4 91.4% 531
High Density Single-Family (Artesia) 450 4.8 2,160 3.4 91.4% 6,712
High Density Multi-Family (Artesia) 30 20 600 2.4 91.4% 1,316
High Density Multi-Family (Entitled) - - 4,200 2 91.4% 7,678
High Density Senior Multi-Family - - 180 1 91.4% 165
Additional Population 47,025
Existing 2023 Population 38,312
Total Build-Out Capacity (Combined) 85,337
Total Build-Out Capacity Excluding Artesia 77,308
* For planning purposes, 15% of the total vacant land within this district is estimated to be used for residential purposes.
** Downtown Master Plan estimated 242 apartments or townhomes in this district.
Terms: Dwelling Units Per Acres (DUA); Persons Per Household (PPH)
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Population Projections
Prosper’s anticipated growth rate will follow an S-curve. As the population
increase and approaches its build-out capacity, the population will begin to
slow down due to limited resources, such as developable land. In order to
calculate the population projections, existing growth rates have been
considered. A 15% logistic growth rate (S-curve) is recommended for planning
purposes, and growth projections have been provided for within the Town’s
limits only and for the inclusion of the Artesia development.
Figure 51. Population Projection (Logistic Growth)
Year 10% 15%* 15%** 20%
2023 38,312 38,312 43,758 38,312
2024 40,245 41,211 46,956 42,177
2025 42,174 44,097 50,124 46,010
2026 44,091 46,939 53,226 49,736
2027 45,985 49,705 56,231 53,283
2028 47,848 52,367 59,107 56,595
2029 49,672 54,901 61,832 59,628
2030 51,447 57,288 64,387 62,355
2031 53,168 59,513 66,758 64,767
2032 54,829 61,568 68,938 66,869
2033 56,423 63,448 70,925 68,675
2034 57,947 65,155 72,722 70,208
2035 59,398 66,691 74,335 71,498
2036 60,774 68,065 75,772 72,573
2037 62,074 69,286 77,046 73,462
2038 63,297 70,364 78,169 74,193
2039 64,444 71,312 79,154 74,791
2040 65,517 72,142 80,014 75,278
2041 66,516 72,865 80,763 75,673
2042 67,445 73,493 81,412 75,993
2043 68,305 74,037 81,974 76,252
2044 69,101 74,507 82,458 76,460
2045 69,834 74,912 82,876 76,628
2046 70,509 75,260 83,234 76,763
2047 71,129 75,559 83,542 76,871
2048 71,698 75,816 83,805 76,958
2049 72,218 76,035 84,031 77,028
2050 72,694 76,223 84,224 77,083
2051 73,128 76,383 84,389 77,128
2052 73,523 76,520 84,529 77,164
2053 73,883 76,637 84,649 77,193
2054 74,210 76,737 84,752 77,216
2055 74,508 76,822 84,839 77,234
2056 74,778 76,895 84,913 77,249
2057 75,022 76,956 84,976 77,261
2058 75,244 77,009 85,030 77,270
2059 75,445 77,053 85,076 77,278
2060 75,627 77,092 85,115 77,284
Source: FNI
* Recommended Growth Rate
** Recommended Growth Rate with Artesia
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
1970 1990 2010 2030 2050
Historical Data
10%
15%
20%
Figure 49. Prosper Projected Logistic Growth
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
1970 1990 2010 2030 2050
Without Artesia
Historical Data
With Artesia
Historical Data
Figure 50. Prosper Projected Logistic Growth with Artesia
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PROSPER COMPREHENSIVE PLAN August 1, 2023 | P&Z PUBLIC HEARING DRAFT CHAPTER 5 NEIGHBORHOOD AND COMMUNITY LIVABILITY |
75
CHAPTER 5
NEIGHBORHOOD AND
COMMUNITY LIVABILITY
INTRODUCTION 76
LIVABLE NEIGHBORHOODS 77
OPEN SPACE PRESERVATION 80
SOCIAL INTERACTION 81
IMAGE ENHANCEMENT 82
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INTRODUCTION
What does the term livability mean regarding urban planning?
Generally, livability reflects the characteristics, aesthetics, design, and
social aspects of Prosper that make the Town unique and help establish
a sense of community. Many intangibles make a place livable, such as a
sense of community, a strong sense of place in particular areas, civic
pride, and the friendliness of neighbors. There are also tangible aspects
that can promote livability as well.
Prosper is a unique community with its own values and vision. The
following section describes some of those tangible
aspects that, when tailored to fit the needs and vision of Prosper, can
help the Town to grow in a manner that enhances the quality of its
neighborhoods and helps to create vibrant office retail areas. This
section is intended to describe livability characteristics that should be
used to guide decision-makers about what residents believe the
character of Prosper should be as it grows. This section includes a
discussion of various livability concepts and how they apply to Prosper.
Livability Guidelines
• Preserve small-town, rural feel
• Maintain open spaces that create a quiet, open feel
• Provide a range of housing in Prosper, taking into consideration,
among other things, data relating to income, education levels
and ethnicities
• “Raise the bar” on development/attract quality development
• Attract neighborhood services, such as a grocery store?
• Build a system of connected parks and trails for outdoor
recreation
• Clearly brand and identify Prosper through gateways and other
identifying features
• Provide entertainment venues for families
• Create high quality mixed use centers where residents may shop,
dine, socialize and live
• Enhance Old Town Prosper
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LIVABLE NEIGHBORHOODS
Livable neighborhoods, regardless of the type of environment, have
some common characteristics. The following is a discussion of some of
these common characteristics and strategies to ensure that
neighborhoods are protected, preserved, and enhanced as
development continues within the Town.
Life-Cycle Housing
Quality Development
Encourage a variety of housing types and
sizes to accommodate different stages of life
within Prosper. Ensure a range of housing
that takes into consideration, among other
things, data relating to income, education
levels, and ethnicity
Continue to encourage the creation of
custom homes, a definitive feature of
Prosper, through anti-monotony standards.
Connectivity
Neighborhood Conveniences
Encourage connected neighborhoods which
emphasize both internal and external
connectivity. Neighborhoods should be
linked to each other as well as to the
community as a whole.
Incorporate neighborhood retail centers in
strategic locations, which optimizes
convenience for adjacent neighborhoods.
Offer walkable connections to adjacent
neighborhood as well as automobile
connections and discreet parking.
Identity Open Space
Encourage neighborhood events, such as
National Night Out, block parties and other
neighborhood events to promote social
interaction among neighbors and to foster a
sense of community.
In addition to parks and trails,
neighborhoods should include open space to
preserve the rural nature of Prosper.
Recreational Access Neighborhood Signage
Incorporate the Parks Master Plan to create
outdoor recreational opportunities for both
neighborhoods and the community,
enhancing the quality of life of Prosper.
Delineate different neighborhoods through
entrance features and signage toppers.
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Long-Term Neighborhood Viability
Neighborhoods are often defined in more abstract terms by the sense
of community and the quality of life enjoyed by the people who live
and play there. Well-designed neighborhoods provide a setting for
residents to develop a strong sense of belonging, which is promoted by
their interactions. The quality and livability of the Town’s
neighborhoods are integral components of the overall character.
The key to a successful neighborhood is creating a livable and
affordable environment where the ongoing investment in property is
supported by public investment in parks and greenbelt areas;
opportunities for social interaction; accessibility for pedestrians,
bicyclists, and vehicles; and distinctive characteristics that give an area
a unique identity.
The following are elements fostering long-term neighborhood viability:
• Opportunities for neighborhood interaction;
• Careful and strategic placement of retail uses and other
appropriate nonresidential uses within access of the
neighborhood area;
• Continued investment in public and private property to
stabilize property values;
• Condition of public facilities and infrastructure serving the
area;
• A sense of “community” and belonging among residents
through distinctive neighborhood identities;
• Access to amenities such as parks, open spaces, public
facilities, and trails; and
• Incorporating open spaces within neighborhoods as a definitive
feature of Prosper.
The majority of Prosper’s housing stock is relatively new and in good
physical condition. Ensuring that the preceding principles are used to
guide new development will protect the long-term viability and
continued investment in Prosper’s neighborhoods in the future.
Housing Mix
It is important for communities to provide a variety of housing for its
residents and to meet the needs of different segments of the
population. The “full-life cycle” is intended to describe all stages of life.
Generally speaking, most of Prosper’s housing options are, and will
continue to be, single family homes. Prosper residents have indicated
that other housing types are appropriate within the community but
that such units should primarily be confined within the Dallas North
Tollway, Highway 380, Town Center, and Old Town Districts. Many
housing options in these districts take place on smaller lots, such as in
the case of townhomes, brownstones, patio homes, and zero lot line
homes. Rear entry garages help to achieve two desirable objectives:
promoting aesthetics and accommodating drainage.
Rear-entry garages in developments with lot sizes less than 50 feet in
width help to protect the visual integrity of the streetscape by reducing
the visibility of closely situated garages and driveways. This is
particularly important when looking at townhomes, brownstones, zero-
lot line homes, and patio homes, which are either attached or closely
situated to one another. Rear-entry garages allow more landscaping
opportunities and create a more walkable environment by reducing the
frequency of individual driveways. In addition to aesthetics, rear-entry
garages may also aid with drainage. Determining where water that
collects in a backyard should drain is often a contested issue. Having
rear-entry garages or a small rear yard/rear patio feature can be a
design advantage to this effect.
While rear-entry garages should be considered for the densest forms of
residential housing options, it is likely that front-entry garages will
continue in the majority of Prosper’s lower density neighborhoods.
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Screening and Buffering
The Future Land Use Plan seeks to minimize conflict between
residential and nonresidential areas. In addition to those efforts,
screening and buffering efforts can help to mitigate any remaining
incompatibility between land uses. The Town has taken proactive
measures within its zoning ordinance (Chapter 4, Section 5) by having
screening and buffer requirements between residential and
nonresidential developments. The Town should maintain these
standards as they have produced quality developments.
The following are existing zoning standards.
• Requiring screening wall when a boundary of a multifamily,
institutional, or non-residential use sides or backs to a property
that is zoned or designated on the future land use plan for
residential (non-multifamily) uses.
• All required screening walls are equally finished on both sides
of the wall.
• All loading and service areas are screened from view from
adjacent public streets and adjacent property that is zoned or
designated on the future land use plan for residential uses.
• All uses providing open storage provide site plan and landscape
plans depicting the area.
• Trash and recycling collection areas are located to minimize
visibility and screened with a six foot clay fired brick or stone
wall.
• Screening is required between residential lots and adjacent
rights-of-way as required by Subdivision Ordinance.
• Rooftop and ground-mounted mechanical equipment are
required to be screened with a parapet wall and/or masonry
wall a minimum of 12 inches in height taller than the
mechanical equipment being screened.
• A six foot irrigated living screen is required when parking is
located adjacent to residential in the DTC or DTR District.
• Air conditioning units, trash/recycling containers, and pool
equipment are required to be entirely screened from view
from adjacent public right-of-way by a living screen
Additional designed could be considered for incorporation into the
zoning ordinance such as larger setbacks to protect the public view and
create a more rural feel. Within such setbacks, extensive landscaping,
such as landscaped berms, double rows of large trees or solid living
evergreen screens, may be used. When landscaped berms are used,
consideration for maintenance should be a priority. Typically speaking
a 1:3 slope should be used for landscape berms to ensure proper
maintenance.
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OPEN SPACE
PRESERVATION
A common theme expressed by CPAC members was the need to
preserve open space within Prosper. Many residents have chosen to
live in Prosper due to its quiet, rural feel and abundant open spaces.
Prosper is located along a prime development corridor and therefore
significant pressure will be placed on landowners to sell property and
existing open spaces for development in the future. Therefore, in order
to preserve open space within the community, Prosper may consider
the following options.
Purchase of Development Rights (PDR)
PDR is a program that enables the community, or a land trust, to
purchase the development rights from a landowner. Essentially, the
municipality or trust would purchase the difference between the
appraised and market value (i.e., what a developer would pay for the
purchase of the property) in exchange for the landowner not
developing the land. The landowner can continue to use the land as
farmland or open space. Once an agreement is reached, the land may
not be subdivided or developed. In the future, the property owner may
sell the land at the appraised value, but the restrictions on
development remain. One advantage to PDR is the preservation of
open space and the continued ownership of land by the property
owner. The disadvantage is such land remains under the control of the
landowner, even after development rights have been purchased, and
therefore is not public space. Only the development rights have been
purchased, not the land itself.
Transfer of Development Rights (TDR)
While not commonly used in Texas, TDR is a way of transferring
development rights from a transfer area, or open space, to a receiving
area (i.e., area approved for development). If, for example, the DNT
District was identified as a receiving zone, a developer that was seeking
development greater than the approved density for that district could
purchase the development rights from an area containing open space
and transfer that right to develop to their property along the tollway.
The developer is therefore able to build at a higher density and open
space is able to be preserved elsewhere. This increased density option
would only be allowed in areas identified as receiving zones, not within
individual neighborhoods.
Conservation Easements
Conservation easements are another method of preserving open
space. Conservation easements are initiated by the landowner in an
attempt to protect their property from future development. In its
publication, Conservation Easements: A Guide for Texas Landowners,
The Texas Parks and Wildlife Department outlines many of the
advantages of conservation easements, including tax benefits.
Typically, a property owner voluntarily creates an agreement with a
municipality or county that limits development on the landowner’s
property. In a conservation easement, the landowner will limit their
right to one or more of the following: the right to manage resources,
change use, subdivide, or develop. Conservation easements ensure
that a farm, ranch, estate, or open space area is preserved from
development pressures in the future. The advantage of conservation
easements is that land is preserved indefinitely, and such easements
may be sold or donated to land trusts for significant tax credits. The
disadvantage is that the landowner receives no monetary
reimbursement for not developing the land, such as in the purchase of
development rights scenario, other than tax credits.
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SOCIAL INTERACTION
The term community naturally implies the congregation and interaction
of people. Residents identified that one of the defining features of
Prosper was its residents and the sense of community that exists within
the Town.
As the Town continues to grow, a sense of community will continue to
be an important characteristic of the Town. With a larger population,
the built environment will need to provide spaces and opportunities for
residents to meet, congregate, interact, and enjoy life. Creating such
venues will help foster a sense of community among residents and will
create family environments where interaction begets new friendships.
An amphitheater was seen as a potential opportunity to host Town
events. This amphitheater, when combined with a larger open
space/park area, could serve as a central location for Town festivals
and events.
In addition to a community garden, many communities in North Texas
have begun to offer farmers markets, encouraging local growers to
bring in fresh produce for residents to purchase. Farmers markets and
community gardens can also be beneficial in supporting the local
economy and encouraging social interaction.
The Town Center and other mixed uses will also help to create
additional places for Prosper residents to interact and socialize with
other families by creating opportunities for retail shopping and dining.
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IMAGE ENHANCEMENT
Prosper is a unique community. Many who have moved to the Town
express their diverse reasons for relocating to Prosper. Reasons include
its excellent school system, its wide-open spaces, its large lot homes,
its friendly neighbors, and rural setting with access to the Town, among
others. This section seeks to define some of those attributes and
strategies for using these attributes to establish a recognizable image
for the community’s built environment.
Branding
Community branding is the concept of establishing an identity and then
working to ensure that the desired identity is reflected and portrayed
in the built environment. In Prosper, residents have clearly identified
that the rural, open spaces of the community are a defining feature of
Prosper, particularly defining when compared with other North Dallas
suburbs such as Frisco, Plano, McKinney, and Little Elm.
Residents identified that a common perception and image of Prosper
to outsiders is an upscale, rural community with open spaces and large-
lot homes. Despite the current availability of open spaces and
agricultural land, the Town will continue to grow and develop. As the
community grows, however, development standards may reflect
certain architectural characteristics that may be unique to Prosper,
helping to visually distinguish the Town from adjacent communities,
particularly its retail centers. Additionally, setbacks and landscaping
may be used along major corridors to create a more rural atmosphere,
even as the Town develops.
Large setbacks and medians may be heavily landscaped with trees,
shrubs, and other natural elements. As trees grow and mature, the
presence of a dense tree canopy will help to create a more natural feel
within the community. Additionally, the Town may reduce the amount
of internal lighting to mitigate light pollution and enhance dark skies,
further enhancing the rural feel.
The Town’s extensive Parks Plan, as it is implemented, will also
significantly help to create and preserve open spaces and will
contribute significantly to the Town’s quality of life by providing
outdoor recreational opportunities.
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83
Gateways
The visual monotony that is often inherent to communities within a
particular geographic area can make it appear that each one is just like
its neighbors. For example, the visual appearance of a community to a
traveler along the Dallas North Tollway may be very similar to the
appearance of any other nearby community. This lack of design variety,
especially along major corridors, tends to create anonymity, and it
becomes difficult for people to know when they have left one
community and entered another. Gateways can provide a strong sense
of arrival to, as well as a sense of departure from, the community.
These features are the first thing visitors see when they arrive and the
last impression visitors have when they leave.
The design of gateways into the Town of Prosper should be guided by
several factors. One of the most obvious factors is the number of
people using a particular entry point. The most heavily traveled
roadway entering the community will be the Dallas North Tollway.
Although it may be difficult to create an aesthetically pleasing gateway
visible from the roadway, the bridges and the frontage roads are
alternate options. Improved overpasses with decorative rails,
landscaping, lighting, and possibly signage are possibilities. In addition,
two entry features for the Town placed directly along the Dallas North
Tollway frontage roads, both leading into and out of the community
(i.e., at the northern and southern corporate limits) would be a positive
step in creating a visual identity once the Tollway is constructed.
Gateways could include the use of signage, landscaping, and other
design elements such as lighting, fencing, paving patterns,
art/sculptural elements, a variety of earth forms, or other identifiers
that signify arrival into the Town.
Another important factor in the design of gateways is to develop an
entryway that provides a sense of identity for the community while
projecting a desirable image for the Town.
For example, the windmill is a component of the Prosper logo and may
be used as a component of Town gateways. It identifies the Town’s
humble beginnings as a small agrarian town and also highlights and
reflects many of the Town’s values such as large lots, open spaces and
rural, small town feel. Consideration should be given to establishing a
uniform design concept for all gateway areas. A hierarchical distinction
between major and minor gateways can be achieved through design
modification for each type of entry feature. Minor gateways could be
specific to the individual neighborhood, reflecting the distinct character
of each area.
Design of entry features should take into consideration the setting in
which each feature will be placed. Although an entry feature might
ideally be placed at the corner of a roadway intersection that is at, or
near, the true Town limits, the design of the feature might conflict
either visually or aesthetically with an adjacent retail use at the
intersection. In such a situation, it may be prudent to move the entry
feature further into the community to provide a better setting and
better visibility, such as placing it upon the thoroughfare median, if
there is one. The traffic speed at which an entry feature is viewed must
also be taken into account, and the size, boldness, and scale of the
feature should be designed accordingly.
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It is important for the Town of Prosper to assert its differing qualities to
distinguish itself from the surrounding communities. Gateway features
are a simple step in this direction. Priority for funding entry features,
both in terms of total dollars spent per entry and in terms of the timing
of expenditures, should be directly related to the number of people
using a particular entry point. Often, donations can be solicited from
civic groups to assist in the funding of specific gateways and/or their
maintenance (e.g., an "adopt a gateway" program).
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CHAPTER 6
IMPLEMENTATION
INTRODUCTION 86
ROLES OF THE COMPREHENSIVE PLAN 87
MAINTAINING COMPATIBILITY BETWEEN THE ZONING MAP
AND FUTURE LAND USE PLAN MAP 89
IMPLEMENTATION GOALS AND OBJECTIVES 90
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INTRODUCTION
Implementation Plan
The importance of planning can never be overstated—planning
provides for the protection of private property and ensures future
development occurs in a coordinated and organized fashion, consistent
with the Comprehensive Plan. The future of Prosper will be shaped by
the policies and recommendations developed in this 2023
Comprehensive Plan. Based on this Plan, decisions will be made that
will influence many aspects of the Town’s built and social
environments. Prosper has taken an important leadership role in
defining its future with the adoption of this Plan. The Plan will provide
a very important tool for Town Staff and civic leaders to use in making
sound planning decisions regarding the long-term growth and
development of Prosper. The future quality of life in Prosper will be
substantially influenced by the manner in which the Plan
recommendations are administered and maintained.
Planning for the Town's future should be a continuous process, and this
Plan is designed to be a dynamic tool that can be modified and
periodically updated to keep it in tune with changing conditions and
trends. Changes in Prosper’s socioeconomic climate and in
development trends that were not anticipated during the preparation
of the Plan will occur from time to time, and therefore, subsequent
adjustments will be required. Elements of the Town that were treated
in terms of a general relationship to the overall area may, in the future,
require more specific and detailed attention.
Plan policies and recommendations may be put into effect through
adopted development regulations, such as zoning and subdivision, and
through capital improvement programs. Many recommendations
within the Plan can be implemented through simple refinement of
existing Town regulations or processes, while others may require the
establishment of new regulations, programs, or processes. This final
section of the 2023 Comprehensive Plan describes specific ways in
which Prosper can take the recommendations within this plan from
vision to reality.
Proactive and Reactive Implementation
There are two primary methods of Plan implementation: proactive and
reactive methods. To successfully implement the Plan and fully realize
its benefits, both methods must be used in an effective manner. Both
proactive and reactive actions that could be used by Prosper are
described within this Implementation chapter.
Examples of proactive methods include:
• Establishing or updating subdivision regulations;
• Establishing or updating zoning regulations; and
• Developing a capital improvements program (CIP), by which
the Town expends funds to finance public improvements to
meet objectives cited within the Plan.
Examples of reactive methods include:
• Approving a rezoning application submitted by a property
owner consistent with the Comprehensive Plan;
• Site plan review; and
• Subdivision review.
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ROLES OF THE
COMPREHENSIVE PLAN
Guide for Daily Decision-Making
The current physical layout of the Town is a product of previous efforts
put forth by many diverse individuals and groups. In the future, each
new development that takes place, whether a subdivision that is
platted, a home that is built, or a new school, church, or shopping
center that is constructed, represents an addition to Prosper’s physical
form. The composite of all such efforts and facilities creates the Town
as it is seen and experienced by its residents and visitors. If planning is
to be effective, it must guide each and every individual development
decision. The Town, in its daily decisions about whether to surface a
street, approve a residential plat, amend a zoning ordinance provision,
enforce the building codes, or construct a new utility line, should
always refer to the basic proposals outlined within the Comprehensive
Plan. The private builder or investor, likewise, should recognize the
broad concepts and policies of the Plan so that their efforts become
part of a meaningful whole in planning the Town.
Flexible and Alterable Guide
This 2023 Comprehensive Plan is intended to be a dynamic planning
document for Prosper – one that responds to changing needs and
conditions. Plan amendments should not be made without a thorough
analysis of immediate needs, as well as consideration for the long-term
effects of proposed amendments. The Town Council and other Prosper
officials should consider each proposed amendment carefully to
determine whether it is consistent with the Plan's goals and policies,
and whether it will be beneficial for the long-term health and vitality of
Prosper.
Annual Review
At one-year intervals, a periodic review of the Plan with respect to
current conditions and trends should be performed. Such on-going,
scheduled evaluations will provide a basis for adjusting capital
expenditures and priorities, and will reveal changes and additions that
should be made to the Plan in order to keep it current and applicable
long-term. It would be appropriate to devote one annual meeting of
the Planning and Zoning Commission to reviewing the status and
continued applicability of the plan in light of current conditions, and to
prepare a report on these findings for the Town Council. Those items
that appear to need specific attention should be examined in more
detail, and changes and/or additions should be made accordingly. By
such periodic evaluations, the Plan will remain functional, and will
continue to give civic leaders effective guidance in decision-making.
Periodic reviews of the plan should include consideration of the
following:
• The Town's progress in implementing the plan;
• Changes in conditions that form the basis of the plan;
• Community support for the plan's goals, objectives & policies;
and
• Changes in State laws.
The full benefits of the Plan for Prosper can only be realized by
maintaining it as a vital, up-to-date document. As changes occur and
new issues within the Town become apparent, the Plan should be
revised rather than ignored. By such action, the Plan will remain
current and effective in meeting the Town's decision-making needs.
Complete Review and Update with Public Participation
In addition to periodic annual reviews, the Comprehensive Plan should
undergo a complete, more thorough review and update every 5 or 10
years. The review and updating process should begin with the
establishment of an advisory committee, similar to the one that was
appointed to assist in the preparation of this Plan. If possible, this
committee or the Planning and Zoning Commission should be in charge
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of periodic reviews of the plan. Specific input on major changes should
be sought from various groups, including property owners,
neighborhood groups, civic leaders, developers, and business owners.
Regulatory Mechanisms
The usual processes for reviewing and processing zoning amendments,
development plans, and subdivision plans provide significant
opportunities for implementing the Plan. Each zoning, development
and subdivision decision should be evaluated and weighed against
applicable proposals contained within the Plan. If decisions are made
that are inconsistent with Plan recommendations, then they should
include actions to modify or amend the Plan accordingly in order to
ensure consistency and fairness in future decision-making. Amending
the Subdivision Ordinance and Zoning Ordinance represent two major
proactive measures that the Town can take to implement 2023
Comprehensive Plan recommendations.
Zoning Ordinance
Zoning is perhaps the single most powerful tool for implementing Plan
recommendations. The Town’s Zoning Ordinance should be updated
with the recommendations contained within the chapters of this 2023
Comprehensive Plan. All zoning and land use changes should be made
within the context of existing land uses, future land uses, and planned
infrastructure, including roadways, water, and wastewater.
Zoning Text Amendments
Consideration should be given to updating areas of the zoning
ordinance that may allow ideas, principles, or design standards
identified within this Comprehensive Plan to be more easily achieved.
Their implementation will not only improve future development and
interaction between land uses, but will also improve Prosper’s overall
image and livability. Such changes may involve landscaping setbacks,
non-residential building design, and additional tree requirements, to
name a few. These recommendations should be itemized and
prioritized, and should be incorporated into the Zoning Ordinance
accordingly.
Zoning Map Amendments
State law gives power to cities to regulate the use of land, but
regulations should be based on a plan. Therefore, Prosper’s Zoning
Map should be as consistent as possible with the Comprehensive Plan,
specifically the Future Land Use Plan. It is not reasonable, however, to
recommend that the Town make large-scale changes in its zoning map
changes immediately. It is therefore recommended that the Town
prioritize areas where a change in current zoning is needed in the
short-term and that efforts be concentrated on making such changes.
In the long-term, consistent zoning policy in conformance with the
Future Land Use Plan will achieve the Town’s preferred land use
pattern over time.
Subdivision Ordinance
The act of subdividing land to create building sites has a major effect
on the overall design and image of Prosper. Much of the basic physical
form of the Town is currently created by the layout of streets,
easements, and lots. In the future, the basic physical form of Prosper
will be further affected by such action. Requirements for adequate
public facilities are essential to ensure the Town’s orderly and efficient
growth. Plan recommendations, such as cross-access easements,
should be incorporated within the Subdivision Ordinance.
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MAINTAINING
COMPATIBILITY BETWEEN
THE ZONING MAP AND
FUTURE LAND USE PLAN
MAP
Chapter 211 of the Texas Local Government Code states that “zoning
regulations must be adopted in accordance with a comprehensive
plan.” Consequently, a zoning map and zoning decisions should reflect
the Future Land Use Plan to the fullest extent possible. Therefore,
approval of development proposals that are inconsistent with the
Future Land Use Plan will often result in an inconsistency between the
Future Land Use Plan and the zoning regulations.
At times, the Town will likely encounter development proposals that do
not directly reflect the purpose and intent of the land use pattern as
shown on the Future Land Use Plan map. Review of such development
proposals should include the following considerations:
• Will the proposed change enhance the site and the
surrounding area?
• Is the proposed change a better use than that originally
envisioned and depicted on the Future Land Use Plan map?
• Will the proposed use impact adjacent residential areas in a
negative manner?
• Will the proposed use be compatible with and/or enhance
adjacent residential uses?
• Are uses adjacent to the proposed use similar in nature in
terms of appearance, hours of operation, and other general
aspects of compatibility?
• Does the proposed use present a significant benefit to the
public health, safety, welfare and/or social well-being of the
community?
• Would it contribute to the Town’s long-term economic
stability?
Development proposals that are inconsistent with the Future Land Use
Plan map (or that do not meet its general intent) should be reviewed
based on the above questions and should be evaluated on their own
merit. It should be incumbent upon the applicant making such a
proposal to provide evidence that the proposal meets the
aforementioned considerations, supports community goals and
objectives as set forth within this Plan, and represents long-term
economic and/or social benefits for the community as a whole, not just
a short-term financial gain for whoever is developing the project.
It is important to recognize that proposals not directly consistent with
the Plan could reflect higher and better long-term uses than those
originally envisioned and shown on the Future Land Use Plan map for a
particular area. This may be due to changing markets, demographics
and/or economic trends that occur at some point in the future after
the Plan is adopted. If such changes occur, and especially if there are
demonstrated significant social and/or economic benefits to the Town
of Prosper, then these proposals should be approved, and the Future
Land Use Plan map should be amended accordingly.
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IMPLEMENTATION GOALS
AND OBJECTIVES
Implementation is one of the most important, yet most difficult,
aspects of the comprehensive planning process. Without viable,
realistic strategies for implementation, the recommendations
contained within this 2023 Comprehensive Plan will be difficult to
realize. The following section contains the original six community goals
established within the Community Vision chapter of this
comprehensive plan. Under each of the six community goals, more
specific objectives are included to guide plan implementation. The
objectives listed are derived from recommendations contained within
the comprehensive plan document as well as ideas heard from the
CPAC and general public.
Goal 1. Provide a variety of desirable land uses that diversify the
tax base and enable all types of people to live, work, shop, eat,
and relax in Prosper.
Objective 1.1: Maximize development along the Dallas North Tollway
by providing opportunities for Class A office space
(office space defined by high-quality furnishings, state-
of-the-art facilities, and excellent accessibility),
corporate campus development, and mixed-use
retail/residential development.
Objective 1.2: Promote larger-scale master planned developments
over small-scale individual developments along the
Dallas North Tollway by discouraging individual
developments under five acres in size.
Objective 1.3: Utilize the Town Center for a regional draw, bringing in
patrons from outside of Prosper.
Objective 1.4: Ensure that the core of the Town Center contains a
higher degree of urban design with buildings situated
up to the building line, wide sidewalks, street trees,
and pedestrian amenities. Preferred examples include
the Shops at Legacy and the Shops at Watters Creek.
Objective 1.5: Include public space within Old Town that support
Town Hall as a focal point to provide space for
community events and festivals.
Objective 1.6: Encourage structured parking within the Town Center
District and Dallas North Tollway District to minimize
the negative impact of large-scale parking lots. Require
structured parking to be strategically located to
minimize visibility from the public view.
Objective 1.7: Provide a network of connections, both vehicular and
pedestrian, that allow movement and access to various
portions of the Town Center, Old Town, and adjacent
neighborhoods and districts.
Objective 1.8: Preserve the integrity of Old Town and encourage
complementary and compatible redevelopment and
infill development, including new single-family
residences containing a farm/ranch theme, residential
to office conversions and “main street” retail with
studio apartments along the western end of Broadway.
Objective 1.9: Plant trees within the parkway along roads in Old Town
to establish a mature tree canopy, thereby contributing
to the historical theme of the area.
Objective 1.10: Utilize the BNSF railroad to create a high-tech, clean
industry Business Park.
Objective 1.11: Utilize the Dallas North Tollway (DNT) District to
accommodate all new multi-family developments in a
mixed-use setting with structured garage parking.
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Goal 2. Maintain and enhance the high quality of life and small-
town feel currently available and expected by Prosper residents.
Objective 2.1: Encourage the implementation of the Parks Master
Plan as development occurs to facilitate the creation of
an interconnected park and trails system in Prosper at
buildout.
Objective 2.2: Work with Prosper Independent School District to
coordinate future school facilities planning with land
use projections in the Future Land Use Plan.
Objective 2.3: Continue to require developers to dedicate parkland.
Objective 2.4: Encourage developers to preserve riparian zones and
mature tree stands on development sites and utilize
such areas for residential park and open space areas.
Objective 2.5: Preserve existing tree cover, when possible, by creating
a tree preservation ordinance and by conducting a
natural assets inventory plan.
Objective 2.6: Encourage the use of rural design characteristics on
new roadway construction projects, including the use
of open fencing, traditional lighting features, wide
setbacks, native plant materials, wildflowers, and
increased tree coverage.
Objective 2.7: Identify roadways that may be intentionally designed
to be more rural in character, potentially containing
bioswales and other natural drainage features.
Objective 2.8: Encourage developers to use native planting materials
and rural planting designs within the private setback
zone/landscape easement.
Objective 2.9: Consistently use rural architectural/design guidelines
within neighborhood service retail centers.
Objective 2.10: Work with the Prosper Historical Society to encourage
the preservation of key historical landmarks within Old
Town and ensure that new development within Old
Town is designed to reflect an early 20th-century
historical theme.
Objective 2.11: Update the Zoning Ordinance to address the design,
look, and separation of drive-thru businesses.
Objective 2.11: Preserve the Downtown silos by applying for the
National Register of Historic Places designation or
similar program.
Goal 3. Protect the quality and integrity of Prosper’s
neighborhoods.
Objective 3.1: Encourage the development of quality housing
throughout Prosper that meets the needs of a diversity
of housing needs, taking into consideration, among
other things, data relating to age and income, for the
full life-cycle of citizens to include, but not limited to:
• Promote housing types and affordability for
families with children, single parents with children,
young adults just leaving home, young
professionals, empty-nesters, retirees, and the
elderly.
• Promote an adequate supply of workforce housing
throughout Prosper for those who work in the
service industry in Prosper.
• Promote neighborhood desirability, value, and
reinvestment.
Objective 3.2: Require the formation of homeowners’ associations
(HOAs) with all new developments to maintain
common property, provide a sense of identity, and
encourage long-term private property maintenance.
Objective 3.3: Encourage developers to include neighborhood
amenities such as parks, open spaces, neighborhood
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pools, and other features that enhance the overall
desirability of individual neighborhoods.
Objective 3.4: Encourage developers to arrange lots in a manner that
maximizes residential access to open space when
natural areas are present.
Objective 3.5: Work with developers to ensure that the majority of lot
sizes within a given development are over 12,500
square feet in size.
Objective 3.6: Low-density residential areas should not exceed a
gross density of 1.6 dwelling units per acre.
Objective 3.7: Medium-density residential areas should not exceed a
gross density of 2.5 dwelling units per acre.
Objective 3.8: Ensure that single-family residential neighborhoods are
protected from more intensive areas of development,
such as development located within the Dallas North
Tollway, Town Center, Business Park, and Highway 380
Districts, by using screening and buffering techniques.
Screening may include enhanced landscaping, brick or
masonry screening walls, and landscaping berms,
among others.
Objective 3.9: Encourage the use of floodways as a natural buffer
between low- and high-intensity areas.
Objective 3.10: Utilize the trail network identified within the Park Plan
to provide access to the network of community parks
and to enhance connectivity between individual
neighborhoods.
Objective 3.11: Ensure that neighborhoods have at least two roadway
access points and encourage roadway connections
between neighborhoods to provide more direct and
interconnected forms of vehicular and pedestrian
travel.
Goal 4. Require high-quality and visually attractive architectural
characteristics in both residential and non-residential
developments.
Objective 4.1: Zone key roadway intersections for retail while utilizing
remaining land adjacent to major roadways for
residential to avoid stripped-out arterial roadways
Objective 4.2: Avoid four-corner retail zoning to avoid an oversupply
of retail zoning.
Objective 4.3: Limit driveways within 150 feet of major intersections
to encourage larger scale, master-planned retail
centers over individual retail establishments.
Objective 4.4: Encourage the creation of nodal, master-planned retail
centers over strip center developments to encourage
long-term viability and investment in retail centers. No
additional unanchored strip retail is recommended.
Objective 4.5: Mandate the use of high-quality building materials,
such as brick and stone, to protect the long-term
durability of non-residential construction. Require all
non-residential developments to be 100% masonry and
prohibit metal building construction.
Objective 4.6: Create a menu-choice matrix for non-residential
developments, requiring new developments to choose
from a palate of predetermined colors and styles.
Objective 4.7: Require architectural enhancements, such as pitched
roofs, awnings, enhanced canopies, and building
articulation to create visually attractive developments.
Objective 4.8: Require all parking rows to contain ending landscape
islands.
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Objective 4.9: Encourage the planting of trees within parking lots so
that 25% of the parking lot is covered by a shade
canopy at tree maturity.
Objective 4.10: Encourage large parking lots to contain a shaded
pedestrian way.
Objective 4.11: Incentivize dispersed landscaped stormwater areas
within parking lots rather than large detention ponds.
Allow stormwater best management practices (BMPs)
to count towards a portion of landscaping
requirements.
Objective 4.12: Encourage the use of thematic, decorative, and
enhanced lighting features within the public right-of-
way, residential areas (when necessary), and
retail/commercial areas.
Goal 5. Develop quality, open roadways that enhance compatibility
with adjacent development and provide safe and convenient traffic
movements.
Objective 5.1: Utilize the Thoroughfare Plan Map as future roadway
improvements are designed and constructed.
Objective 5.2: Ensure that Prosper’s thoroughfare network is
coordinated with neighboring communities and work
to negotiate and resolve any conflicting issues.
Objective 5.3: Utilize the functional street classification system, a
hierarchical network of roadway classifications, to
create a network of major and minor thoroughfares,
collectors, and local streets.
Objective 5.4: Utilize shared access and cross-access easements to
provide connectivity between adjacent non-residential
uses, limiting the number of driveways along major
corridors and allowing for more continuous
landscaping.
Objective 5.5: Connect various portions of the community, including
neighborhoods, the Town Center, Old Town, public
facilities, and parks, with a system of pedestrian and
bicyclist trails to provide interconnectivity and create a
system of non-motorized linkages within the
community.
Objective 5.6: Ensure that sufficient right-of-way is acquired and
dedicated during platting or roadway design to
accommodate ultimate roadway configurations and
designated trails.
Objective 5.7: Utilize Context Sensitive Solutions to design roadways
within the context of their adjacent development.
Objective 5.8: Utilize the Old Town District Roadway Plan as a guide
during roadway design within the Old Town area.
Objective 5.9: Create backage roads along the Dallas North Tollway to
support development connectivity and accessibility.
Objective 5.10: Create a streetscape design program that intentionally
characterizes individual roadways based on anticipated
forms of development.
Objective 5.11: Investigate amending the Town ordinances to allow for
ornamental walls and fences and other types of
materials, such as split iron/wood. Identify key
corridors where standards would be applicable in order
to create greater corridor consistency.
Objective 5.12: Consider wider setbacks along Preston Road with
enhanced landscaping to maintain a more rural feel
and to create a larger barrier between Preston Road
and adjacent neighborhoods.
Goal 6. Ensure that water, wastewater, and stormwater
infrastructure systems are able to meet future growth demands.
Objective 6.1: Investigate any deficiencies in the infrastructure
systems.
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Objective 6.2: Develop concepts that will address deficiencies in the
infrastructure systems.
Objective 6.3: Strive for an infrastructure system that will effectively
and economically serve the existing and projected
needs of the community safely and efficiently.
Objective 6.4: Ensure that infrastructure is comparable or expanded
to support future development, specifically in key
development areas.
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Item 15.
Page 1 of 1
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Robert B. Scott, Deputy Town Manager
Re: CIP and Finance Subcommittee - FY 2023-2024 Proposed Budget.
Town Council Meeting – August 22, 2023
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Discuss CIP and Finance Subcommittee recommendations and receive Council direction
regarding the FY 2023-2024 Proposed Budget.
Description of Agenda Item:
Town Council received the Fiscal Year 2023-2024 Preliminary Budget on August 8, 2023. This
budget outlines the staff's proposed financial plan to align with Council's Visioning Priorities,
utilizing expected resources, maintaining the appropriate balance between capital and operations.
Council referred the budget to two subcommittees for more in depth deliberations. The CIP
Subcommittee convened on August 15, 2023, to discuss their suggestions for Council's
consideration. Similarly, the Finance Subcommittee met on August 17, 2023, to deliberate on their
own set of recommendations for the Council's attention.
Budget Impact:
Updates to the original Preliminary Budget will be incorporated into the Proposed Budget that will
be presented at the August 31, 2023, Town Hall meeting and the September 12, 2023, Public
Hearing.
Attachments:
1. Recommendations
Staff Recommendation:
Staff is seeking direction regarding the composition of the proposed budget. No formal action is
required.
FINANCE
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Item 16.
PROJECTS GO Bond Funds Capital Dedicated Budget Savings
$36,958,033 $7,780,485 $1,000,000
STREETS AND TRANSPORTATION:
First Street (DNT - Coleman): (Land/Esmt) ($1,775,000)
Legacy (Prairie - First Street) - 4 lanes: (Construction) - ** from FY 2026 ($10,000,000)
Fishtrap (Teel - Gee Road): (Construction)($6,025,000)
Fishtrap, Segment 2 (PISD Reimbursement): GO Bonds (NEW)($1,063,033)
Coit Road (First - Frontier) - 4 lanes: (Land/Esmt)($800,000)
Coleman Street (Gorgeous - Prosper Trail) - 4 lanes: (Land/Esmt)($350,000)
Coleman Street (Prosper Trail - Talon) - 2 SB lanes: (Land/Esmt)($345,000)
Parvin (FM -1385 - Legacy) - interim asphalt improvements ($500,000)
Frontier (Legacy - DNT): (Design)($300,000)
First Street (Elem - DNT): (Construction): $300k vs $6.3M West Impact Fees Available ($6,000,000)
PARKS: Westside Waterline Trail Connection ($800,000)
PARKS: Raymond Community Park, Phase 1: (Construction): $9M of $18M ($9M in FY 2024)($9,000,000)
CAPITAL DEDICATED FUND ALLOCATIONS:
Fishtrap (Elementary - DNT) Construction ($750,000)
Fishtrap and Gee Road Construction ($1,000,000)
Safety Way (MOU approved July 19, 2022)($800,000)
Gorgeous/McKinley (LIV Development Agreement)($700,000)
Teel/US 380 Intersection (estimated additional)($200,000)
First Street (DNT - Coleman) (Traffic Circle & additional)($1,000,000)
Legacy (Prairie - Fishtrap) - 4 lanes: (ROW)($575,000)
Left Turn Lane Coit at First Street ($375,000)
First Street (Coleman - Craig): (Design)($500,000)
FACILITIES: Parks and Public Works Parking Lot: NEW ITEM ($1,000,000)
REMAINING UNALLOCATED $0 $1,880,485 $0
GO Bond Funds Cap Ded Funds Budget Savings
FY 2023
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Item 16.
PROJECTS GO Bond Funds Capital Dedicated
$31,950,000 $8,600,000
STREETS AND TRANSPORTATION:
First Street (DNT - Coleman): (Construction)($9,000,000)
Traffic Signal - DNT & Frontier Parkway: (Design & Construction)($265,000)
Teel Parkway (US 380 - First) (Town’s Portion of $4.3M) - **from FY 2028-Beyond ($1,400,000)($900,000)
> Traffic Signal - First & Artesia: (Design) ½ cost Artesia ($32,500)
> Traffic Signal - Teel & Prairie: (Design)($65,000)
Legacy (First Street - Star Trail) - 2 North Lanes: (CO to First Street) - ** from FY 2028-Beyond ($650,000)
Coit Road (First - Frontier) - 4 lanes: (ROW) - ** from FY 2027 ($1,700,000)
Intersection Improvements Coit Road: Collin County Grant ($1,200,000)
US 380 Deceleration Lanes – Denton County: NEW ITEM ($500,000)
PARKS: Windsong Parkland Final Payment: $1,913,800 (Park Fees $913,800): Capital Dedicated ($1,000,000)
PARKS: Raymond Community Park, Phase 1: (Construction): $9.6M of $18.6M ($9M in FY 2023)($9,000,000)($600,000)
FACILITIES: Fire Station No. 4: (Construction) - rest of $12.3M all in budget ($10,200,000)
FOR CONSIDERATION (Decision Packages):
Prosper Trail Screening (Minimum Cost provided for live screening)($750,000)
Star Trail, Phase 5 Street Repairs ($1,450,000)
Finish Out Interior Spaces Town Hall: First and Second Floor ($650,000)
Frontier Park Pond Repairs ($473,000)
FY 2023 Unallocated $1,880,485
REMAINING UNALLOCATED $0 $2,594,985
GO Bond Funds Cap Ded Funds
FY 2024
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Item 16.
PROJECTS GO Bond Funds Capital Dedicated
$19,155,000 $9,600,000
STREETS AND TRANSPORTATION:
First Street (DNT - Coleman): (Construction)($9,000,000)
Legacy (First Street - Prosper Trail) - 2 Southbound Lanes:
(Town’s Portion of Park Place Development Agreement) - ** from FY 2028-Beyond ($200,000)
(Town’s Portion of Star Trail Development Agreement: ROW) - ** from FY 2028-Beyond ($550,000)
Coleman (Gorgeous - Prosper Trail) - 4 lanes: (Construction) - ** from FY2026 ($5,500,000)
Coleman (Prosper Trail - Talon) - 2 SB lanes: (Construction) - ** from FY2026 ($2,700,000)
Frontier Parkway/DNT (West Side Intersection): (Construction)($1,000,000)
Traffic Signal - First & Artesia: (Construction) ½ cost ($230,000)
Traffic Signal - Teel & Prairie: (Construction)($460,000)
Quiet Zone-5th Street ($500,000)
NTTA - Braided Ramps ($7,671,185)
FACILITIES: Fire Station No. 4: (Construction) - rest of $12.3M all in budget ($1,500,000)
REMAINING UNALLOCATED $1,205,000 ($1,761,185)
GO Bond Funds Cap Ded Funds
FY 2025
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Item 16.