Loading...
03.03.26 PZ Agenda PacketPage 1 of 3 ] Welcome to the Prosper Planning and Zoning Commission Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Planning and Zoning Commission: Those wishing to address the Planning and Zoning Commission 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 Planning and Zoning Commission meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Commission. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Commission 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 Commission during that session of the meeting. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. 1. Call to Order / Roll Call. 2. Pledge of Allegiance. 3. America 250. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of a Commission Member or Staff. 4a. Consider and act upon the minutes from the February 17, 2026, Planning and Zoning Commission work session meeting. 4b. Consider and act upon the minutes from the February 17, 2026, Planning and Zoning Commission regular meeting. AGENDA Planning and Zoning Commission Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, March 03, 2026 6:30 PM 1 Page 2 of 3 4c. Consider and act upon a request for a Site Plan for a Ground Storage Tank on Jeremiah Horn Survey, Abstract 411, Tract 26, on 12.2± acres, located on the west side of Custer Road and 1,170± feet north of University Drive. (DEVAPP-25-0119) CITIZEN COMMENTS The public is invited to address the Commission on any topic. However, the Commission 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 a Staff member 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: If you wish to address the Commission, please fill out a “Public Comment Request Form” and present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Planning and Zoning Commission for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may either address the Commission during the Citizen Comments portion of the meeting or when the item is considered by the Planning and Zoning Commission. 5. Conduct a Public Hearing and consider and act upon a request for a Planned Development for a and Indoor Sports Facility and Medical Offices on Middle School No. 9 Addition, Block A, Lot 5, on 18.9± acres, located on the east side of Denton Way and 480± feet north of Fishtrap Road. (ZONE-25-0007) 6. Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit for an Accessory Building/Guest House on Whispering Farms, Phase 2, Block G, Lot 9, on 5.1± acres, located on the south side of Whispering Way and 530± feet west of Parkview Lane. (ZONE-26-0001) 7. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 8. Adjourn. 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 Wednesday, February 25, 2026, and remained so posted at least three (3) business days before said meeting was convened. _______________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed 2 Page 3 of 3 Pursuant to Section 551.071 of the Texas Government Code, the Planning and Zoning Commission reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Planning and Zoning Commission meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1073 at least 48 hours prior to the meeting time. 3 Page 1 of 1 ] Call to Order / Roll Call The meeting was called to order at 6:00 p.m. Commissioners Present: Chair Damon Jackson, Vice Chair Josh Carson, Secretary Glen Blanscet, John Hamilton, Matt Furay, and Brett Butler Commissioner(s) Absent: Deborah Daniel Staff Members Present: David Hoover, AICP (Director of Development Services), Suzanne Porter, AICP (Planning Manager), Dakari Hill (Senior Planner), Jerron Hicks (Planner), and Michelle Crowe (Senior Administrative Assistant) Other(s) Present: Amanda Davis, Town Attorney Items for Individual Consideration: 1. Discuss items on the February 17, 2026, Planning and Zoning Commission agenda. Town Staff provided a brief overview of Consent Agenda Items 3a – 3e. Mr. Hoover stated Item 3e is recommended to be pulled off the Agenda. The Commission inquired about Item 4. There was discussion about the recommendation with the proposal that all grammatical, technical and topographical corrections be made. Mr. Paris Rutherford, Consultant, stated his presentation will cover many areas of question. If recommended for approval, the next steps will be a workshop looking at changes to the zoning on the Tollway. This will allow for the opportunity to get into the details of the Vision Plan and apply them in the ordinance to enforce areas like the increased landscape, ingress and egress points, to mention a few. The final draft will be done with Staff’s input. The Commission stated they must determine how to recommend an Item to the Council. There was concern that the are many questions still pending regarding the proposal. Ms. Davis, Town Attorney, stated that if the motion is to approve, add pending suggested edits. Chair Jackson stated the intent is to listen and see the presentation. There is an opportunity to ask for clarification prior to making a motion. 2. Adjourn. The work session was adjourned at 6:44 p.m. ______________________________________ _______________________________ Michelle Crowe, Senior Administrative Assistant Glen Blanscet, Secretary MINUTES Prosper Planning and Zoning Commission Work Sesson Prosper Town Hall - Executive Conference Room 250 W. First Street, Prosper, Texas Tuesday, February 17, 2026 6:00 PM 4 Page 1 of 3 ] 1. Call to Order / Roll Call The meeting was called to order at 6:49 P.M. Commissioners Present: Chair Damon Jackson, Vice Chair Josh Carson, Secretary Glen Blanscet, John Hamilton, Matt Furay, and Brett Butler Commissioner(s) Absent: Deborah Daniel Staff Members Present: David Hoover, AICP (Director of Development Services), Suzanne Porter, AICP (Planning Manager), Dakari Hill (Senior Planner), Jerron Hicks (Planner), Michelle Crowe (Senior Administrative Assistant) Other(s) Present: Amanda Davis, Town Attorney 2. Recitation of the Pledge of Allegiance. CONSENT AGENDA: 3a. Consider and act upon the minutes from the February 3, 2026, Planning and Zoning Commission work session meeting. 3b. Consider and act upon the minutes from the February 3, 2026, Planning and Zoning Commission regular meeting. 3c. Consider and act upon a request for a Site Plan for two Restaurant/Retail Buildings on Prosper Center, Block A, Lot 11, on 3.2± acres, located on the northwest corner of Legacy Drive and Prairie Drive. (DEVAPP-25-0066) 3d. Consider and act upon a request for a Revised Conveyance Plat of Prosper Center, Block A, Lot 10, and a Final Plat of Prosper Center, Block A, Lot 11, on 6.2± acres, located on the northwest corner of Legacy Drive and Prairie Drive. (DEVAPP-25- 0068) 3e. Consideration of adopting the Unified Development Code. Item 3e was pulled from the agenda, as recommended by Staff. Commissioner Hamilton made a motion to approve Items 3a through 3d. The motion was seconded by Commissioner Butler. The motion was carried unanimously by a vote of 6-0. CITIZEN COMMENTS No comments were made. MINUTES Prosper Planning and Zoning Commission Regular Meeting Prosper Town Hall - Executive Conference Room 250 W. First Street, Prosper, Texas Tuesday, February 17, 2026 6:30 PM 5 Page 2 of 3 REGULAR AGENDA: 4. Consider the adoption of the Dallas North Tollway District Development Standards, which cover Special Sub-Districts, Setbacks and Building Heights, Land Use Consideration, Business Establishments Pursuant to the Town’s Vision, Site Design and Building Placement, Parking Design Standards, Adjacent Neighborhood Protection, Building Design, Landscaping Standards, Pedestrian Connectivity and Amenities, Parks and Open Spaces, Signage Requirements, Gateway Features, and Economic Development Incentive. Mr. Hill presented Item 4 to the Commission. Paris Rutherford Consultant with Catalyst Group gave a presentation entitled DNT Frontage Area – Framework Plan. Commissioner Blanscet requested clarification on the terminology “double loaded frontage zone,” “eyes on the street”, “development armature”, and “placemaking”. Mr. Rutherford stated it refers to parking. There is a double bay of parking along the frontage of buildings facing the highway. A local example is along Legacy Drive in the Shops of Legacy, located east of the Tollway. There is a double bay of parking with landscaping that runs parallel to Legacy Drive, giving the feel of an Urban Boulevard. This is to avoid the appearance of a typical parking lot. Mr. Rutherford stated “eyes on the street” is a planning term. In a development, the units are facing street and also facing an internal courtyard or amenity. Hence, the primary building/units are facing the street, i.e. eyes on the street, creating a self-policing environment making sure the area is public. Mr. Rutherford stated, “development armature” is the space or framework of the space that defines how the buildings are set to create placemaking. It involves the quality of building, bringing together buildings, landscape, and the use of the buildings, to orchestrate the experience. It makes a place attractive for pedestrians and users. Breaking up the parking lots rather than having a standard large parking area, and adding programming in between will make for a better experience of the place; that is placemaking. The Commission raised concerns and asked questions regarding density and how this plan would affect it, noting the limits to the amount of multifamily within the town and the difficulty of mixed use having multifamily or high density residential. The Commissioners inquired whether the plan would reduce the amount of multifamily along the Tollway. Mr. Rutherford stated the plan opens areas of land where the Commission and Council could consider types of multifamily and other residential uses to come together in certain arrangements that meet the intent and the vision shown in the presentation. The language and vernacular around multifamily differs and is dependent on good site planning. A framework is needed to ensure developments are planned with quality design, higher value, and higher retention. Consider expanding the notion of what residential is beyond the word multifamily or townhome and think about where do you need to live in your full life cycle and income cycle. Have an emphasis on the quality of the site planning more than the use. By making a site to where it can only be accessed by driving to it will certainly create congestion, traffic and density issues. Think of land use differently and think of placemaking at the macro scale. The Commission asked questions regarding the plan and vision and how it will prevent the Town of Prosper becoming a pass-through town. 6 Page 3 of 3 Mr. Rutherford stated quality and design are going beyond one parcel. This is more of a commercial business model that includes some residential in it. This is the front door to incentivize the public to come in. The intent is to form relationships with key partnerships, setting the standard and tone with landowners and builders. Prosper already has the demand for quality housing and quality schools. This plan is how you can ensure that Prosper is allowing commercial and mixed-use areas to evolve and develop into something that meets that level of standard. This can be done through site planning and urban design. This is a plan to make that happen. Commissioner Blanscet made a motion to approve Item 4. The motion was seconded by Commissioner Hamilton. The motion was carried unanimously by a vote of 6-0 with the recommendation that all grammatical, technical, and topographical corrections that have been proposed be made. 5. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mr. Hill informed the Commissioners of past Town Council actions and upcoming cases for Planning and Zoning Commission consideration. 6. Adjourn. Commissioner Carson made a motion to adjourn the meeting. The motion was seconded by Commissioner Butler The motion was carried unanimously by a vote of 6-0. The meeting was adjourned at 8:48 P.M. ______________________________________ ___________________________________ Michelle Crowe, Senior Administrative Assistant Glen Blanscet, Secretary 7 Page 1 of 2 To: Planning and Zoning Commission Item No. 4c From: Dakari Hill, Senior Planner Through: David Hoover, AICP, Director of Development Services Cc: Suzanne Porter, AICP, Planning Manager Re: Site Plan for Jeremiah Horn Sruvey, Abstract 411, Tract 26 Meeting: March 3, 2026 Agenda Item: Consider and act upon a request for a Site Plan for a Ground Storage Tank on Jeremiah Horn Survey, Abstract 411, Tract 26, on 12.2± acres, located on the west side of Custer Road and 1,170± feet north of University Drive. (DEVAPP-25-0119) Future Land Use Plan: The Future Land Use Plan designates this area as the US Highway 380 District. Zoning: The property is zoned Planned Development-25. Conformance: The Site Plan conforms to the development standards of Planned Development-25 (Single Family/Commercial). Description of Agenda Item: The Site Plan consists of a new ground storage tank on Town owned property. The site also consists of two existing ground storage tanks, two existing pump stations, and eight existing parking stalls. Access: Access is provided from Custer Road. Landscaping, Open Space, and Screening: The proposed development complies with all landscaping, open space, and screening requirements. PLANNING 8 Page 2 of 2 Companion Item: There is no companion item on this Planning and Zoning Commission agenda. Attachments: 1. Location Map 2. Site Plan Town Staff Recommendation: Town Staff recommends approval of the Site Plan. 9 0 240 480120 Feet COUNTY ROAD 853N CUSTER RDFM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only DEVAPP-25-0153 Custer Road Ground Storage Tank Unassigned 10 668 6696696 7 0 6 7 1 6726736 7 4 6 6 9 670668 669670 670 670 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXWATER VAULT WV LOCKED S FH VENT PIPE WATER VAULT WV LOCKED CEDAR 8"(20') CEDAR ELM 16"(20') CEDAR ELM 6"(20') CEDAR ELM 8"(20') ASH 14"(25') CEDAR ELM 10"(20') CEDAR ELM 6"(15') CEDAR ELM 10"(15') CEDAR ELM 12"(20') CEDAR ELM 8"(20') CEDAR 8"(15') CEDAR 6"(15') CEDAR 18"(25') CEDAR 10"(20') CEDAR 12"(25') TREE 6"(15') ASH 24"(30') CEDAR ELM 14"(20') CEDAR 14"(20') CEDAR 8"(15') CEDAR 8"(15') ASH 48"(40')ASH 24"(30') ELM 12"(25') ASH 6"(15') CEDAR 6"(15') ELM 14"(30') BOIS D'ARC 14"(20') BOIS D'ARC 10"(20') CEDAR 6"(15') CEDAR 12"(20')BOIS D'ARC 10"(20') BOIS D'ARC 14"(20') BOIS D'ARC 16"(20') BOIS D'ARC 8"(15')BOIS D'ARC 14"(20') CEDAR ELM 12"(20') CEDAR 6-15 CEDAR 14"(20') ELM 14"(20') CEDAR 14"(25') CEDAR 14"(20') ELM 8"(20') CEDAR 12"(20') CAT CLAW 8"(15') CEDAR ELM 6"(15') ASH 14"(25') ASH 12"(15') ELM 18"(25') ELM 12"(20') ASH 18"(30') BOLLARD BOLLARD BOLLARDSBOLLARD E E E ELEC MH E METAL PLATE CONCRETE PAVEMENT CP TEST CHAIN LINK FENCECHAIN LINK FENCE CHAIN LINK FENCE CHAIN LINK FENCEWATER VALVE TOP=672.66 O/NUT=672.03 WATER VALVE TOP=658.53 O/NUT=667.07 BOLLARD E EPANEL VENT PIPE S WATER VALVE TOP=670.78 O/NUT=664.77 WATER VALVE TOP=670.78 O/NUT=664.75 WATER VALVE TOP=670.99 O/NUT=664.40 BLOW-OFF VALVE TOP=668.45 O/NUT=667.79 PIPE END = 668.32WATER VALVE TOP=669.62 O/NUT=669.08WATER VALVE TOP=670.42 O/NUT=669.95 PIPE END=672.18 PVC END 2"=672.65 METAL PIPE END 2"=673.05 CHAINLINK FENCE CONCRETE PAVEMENT SANITARY SEWER MANHOLE RIM=574.90 FL/IN=563.86 (S) FL/IN=570.61 (W) FL/OUT=563.84 PIPE END ELEC MH MHSS LOCKED RIM=673.87 ELEC MH ELEC MH E PROJECT BENCHMARK # 1 CHISELED BOX & "X" CUT ON TOP OF CONCRETE CURB AT THE NORTHEAST CORNER OF MAINTENANCE BUILDING SITE FOR PROSPER WATER TANK. ELEV=683.52 W W ONE STORY CONCRETE MAINTENANCE BUILDING EX 3.0 MG GROUND STORAGE TANK FF ELEV=669.00 PUMP ROOMCHEM ROOM NaOCL LAS E BLOW-OFF VALVE TOP=674.98 O/NUT=670.30 MHELEC RIM=673.86 EPANEL EX 5.0 MG GROUND STORAGE TANK FF ELEV=669.00 310 PROSPER LP RE. OF 65.59 AC TR. VOL. 5823, PG. 3462 D.R.C.C.T. CITY OF PROSPER VOL. 6022, PG. 4349 D.R.C.C.T. FF 14TH FAIRWAY LTD PARTNERSHIP REM. OF 65.59 AC TR. VOL. 4189, PG. 1138 D.R.C.C.T. 104 PROSPER L.P. 105.106 AC TR VOL. 5316, PG. 5314 D.R.C.C.T.XXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X EX PUMP STATION PUMP ROOM ELEC ROOM ELEC ROOM WATER VAULT TOP PIPE(N)=667.07 TOP PIPE(S)=672.76 WATER VAULT WATER VAULT WATER VAULT FH PB 8 EXISTING PARKING SPOTS PB PB ELEC ROOM EXISTING UTILITY EASEMENT EX. 3.0 MG GROUND STORAGE TANK FFE-669.0 EX. 5.0 MG GROUND STORAGE TANK FFE-669.0 PROP. 6.0 MG GROUND STORAGE TANK FFE-669.0 CUSTER ROADEX. CHAINLINK FENCE W 3 STRAND BARBED WIRE EX. CHAINLINK FENCE W 3 STRAND BARBED WIRE EX. CHAINLINK FENCE W 3 STRAND BARBED WIRE EX. CHAINLINK FENCE W 3 STRAND BARBED WIRE EX. CHAINLINK FENCE W 3 STRAND BARBED WIRE EX. CHAINLINK FENCE W 3 STRAND BARBED WIRE ZONING: PD-105 SF-15 ZONING: PD-114 SF ZONING: C ZONING: PD-105 SF-15 EXISTING FIRE HYDRANT 15' WIDE LANDSCAPE BUFFER 15' WIDE LANDSCAPE BUFFER 15' WIDE LANDSCAPE BUFFER 5' WIDE LANDSCAPE BUFFER 5' WIDE LANDSCAPE BUFFER 5' WIDE LANDSCAPE BUFFER EX. PUMP STATION BUILDING FFE-669.0 EX. PUMP STATION BUILDING FFE-669.0 EX. 20' WIDE DOUBLE SWING, DOUBLE LEAF GATE (TO REMAIN) EX. GENERATOR EX. TRANSFORMER SHEET SEQ.this sheet, adjust scale.drawing. If not one inch on Bar is one inch on original ISSUENO.VERIFY SCALE01DATEBYF&N JOB NO.FILE NAMEPRP24435NOV 2025DRAWNDESIGNEDDATECUSTER ROAD GROUND STORAGE TANKPlot Date: 1/23/2026 9:33 AM Plot By: 08804 Filename: N:\WTU\Drawings\Overall Site LA\GN-ALL-SITE.dwg GN-ALL-SITE.dwgLast Saved: 1/6/2026 1:13 PM Saved By: 08804Filename: N:\WTU\Drawings\Overall Site LA\GN-ALL-SITE.dwgACAD Rel: 24.2s (LMS Tech)TOWN OF PROSPER, TEXASFreese and Nichols, Inc.Texas Registered Engineering Firm F-21446136 Frisco Square Blvd., Suite 375Frisco, Texas 75034Phone - (972) 624-9201Web - www.freese.comAPPROVEDCHECKEDON DATE:TEXAS NO:NOT FOR CONSTRUCTIONTHIS DOCUMENT IS RELEASED FOR THEPURPOSE OF INTERIM REVIEW UNDER THEAUTHORITY OF:IT IS NOT TO BE USED FOR CONSTRUCTION,BIDDING OR PERMIT PURPOSES.DEVAN MARIE RUIZ P.E.13382110/03/2025DMR.RGMMSC-0.5 OVERALL SITE PLANCIVILNORTH SCALE IN FEET 100'50'0 NOTES: 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS, AND DETENTION POND 01/23/2026LEGAL DESCRIPTION: ABS A0411 JEREMIAH HORN SURVEY, TRACT 26, 12.2442 ACRES PREPARATION DATE: 01/06/2026 CASE NUMBER: DEVAPP-25-0153 COUNTY RD FIRST ST CUSTER RDUS-380UNIVERSITY DRCOIT RDCR-933 CR-857 CR-858 CR-854CR-853 PROJECT LOCATION 2481 N. CUSTER RD. NORTH 11 Page 1 of 6 To: Planning and Zoning Commission Item No. 5 From: Jerron Hicks, Planner Through: David Hoover, AICP, Director of Development Services Cc: Suzanne Porter, AICP, Planning Manager Re: Planned Development for Denton Way Office Park Meeting: March 3, 2026 Agenda Item: Conduct a Public Hearing and consider and act upon a request for a Planned Development for a and Indoor Sports Facility and Medical Offices on Middle School No. 9 Addition, Block A, Lot 5, on 18.9± acres, located on the east side of Denton Way and 480± feet north of Fishtrap Road. (ZONE-25-0007) Future Land Use Plan: The zoning for the surrounding areas of the proposed development consists of Parks to the north and east, Floodplain to the south, and Denton ISD Pat Cheek Middle School and Retail to the west across Denton Way. While a portion of this property is identified as Medium Density Residential on the Future Land use Plan, none of the adjacent land under the same designation is developed as residential. Staff does not see the need for modifications to the Future Land Use Plan. PLANNING 12 Page 2 of 6 Zoning: The property is zoned Agriculture. Thoroughfare Plan: This property has direct access to Denton Way. Parks Master Plan: The Parks Master Plan does not indicate the need for a park on this property. Hike & Bike Trail: Hike & Bike Trail requirements are that they have a 10-foot trail along Denton Way. The plan shows that this has been provided. Additionally, the Landscape Plan (Exhibit G) shows a trail extending to the eastern property line for future connection to a Hike and Bike Trail that will run north-south through the flood plain. Legal Obligations and Review: Notification was provided as required by the Zoning Ordinance and state law. Staff has not received any response to the proposed zoning request to date. Attached Documents: 1. Aerial & Zoning Maps 2. Future Land Use Exhibit 3. Exhibit A-1 – Written Metes and Bounds 4. Exhibit A-2 – Boundary Exhibit 5. Exhibit B – Letter of Intent 6. Exhibit C – Development Standards 7. Exhibit D – Conceptual Plan 8. Exhibit E – Development Schedule 9. Exhibit F – Elevations 10. Exhibit G – Landscape Plan 11. Exhibit H – Open Space Plan 12. Draft Development Agreement Description of Agenda Item: The purpose of this request is to rezone the property from Agriculture to a Planned Development with a base zoning of Office, specifically to allow Medical Office buildings and a Sports Facility. The property is approximately 18± acres of vacant land on the east side of Denton Way. The property is currently platted as Lot 5 and the intent is to subdivided into two lots. The southern lot will hold a 30,000 square foot sports facility on 9.7± acres, and the northern lot will contain 11 office buildings totaling 62,100 square feet on 8.1± acres. Compatibility: This zoning change would not be out of character with the existing area due to compatibility with the surrounding properties. 13 Page 3 of 6 The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agriculture Vacant Medium Density Residential & Floodplain North Planned Development-40 (Single Family) Vacant Parks East Planned Development-40 (Single Family) Vacant/Parkland Parks South Agriculture Vacant Floodplain West Agriculture Pat Cheek Middle School/Vacant Medium Density Residential, Retail & Neighborhood Services District Regulations: The proposed development will conform to the development standards of the Office District as found in the Town Ordinance. The chart below shows the Office District regulations. The Office District contains a criteria for a maximum floor area of 10,000 square feet. The maximum floor area may exceed 10,000 square feet only if the entire structure is more than 200 feet from a residential use or zone. The sports facility is compliant with this standard in relation to residential zoning to east, north, and south. However, it is closer than 200 feet to the Denton ISD property to the west. The Development Standards include a provision that the standard will not apply when the property is separated from another by a public street. Office District Regulations Size of Yards Front: 30’ Side: 10’ feet adjacent to any non-residential district. 25’ for a one-story building adjacent to any residential district. 40’ for a two-story building adjacent to any residential district. Rear: 10’ adjacent to any nonresidential district. 25’ for a one story building adjacent to any residential district. 40’ for a two-story building adjacent to any residential district. Size of Lots Minimum Area: 7,000 SF Minimum Lot Width: 70’ Minimum Lot Depth: 100’ Maximum Height Stories: Two Stories or 40’ Maximum Lot Coverage Lot Coverage: 30 Percent Floor Area Ratio Maximum: 0.5:1 14 Page 4 of 6 Uses: The list of permitted uses within this Planned Development is shown below: o Administrative, Medical or Professional Office o Bank, Savings and Loan, or Credit Union o Business Service o Indoor Sports Facility o Community Center o Fraternal Organization/Lodge/Civic Club/Fraternity or Sorority o Governmental Office o Health/Fitness Center o Home Builder Marketing Center o Insurance Office o Minor Dry Cleaning o Minor Print Shop o Museum/Art Gallery o Park or Playground o Private or Parochial School o Private Recreational Center o Private Utility o Public Athletic Stadium or Field o Public Schools o Retail/Service Incidental Use o Telephone Exchange The following uses would require a Specific Use Permit: o Assisted Care/Living Facility o Child Care Center, Incidental o Child Care Center, Licensed o Restaurant (without drive-through) o Day Care Center (Adult) o Private Athletic Stadium or Field o Rehabilitation Care Institution Research and Development Center Landscaping: The landscaping for this Planned Development will conform to the landscape area requirements as stated in the Town’s Zoning Ordinance. Open Space: The sports facility lot is required to have a minimum of 29,713 square feet of open space and 59,313 square feet is proposed. The minimum requirement for the medical offices lot is 24,822 square feet of open space, and the development proposes 59,921 square feet of open space. 15 Page 5 of 6 Major Creek Amenities: The property is adjacent to a major creek. Commercial developments are required to provide three amenities and office developments are required to provide four amenities. Overall, the development will be providing the following: a. A minimum 25 percent of the surface area of the walls that face the major creek shall be provided as windows.* b. Buildings will have the same building materials and architectural elements on all four sides.* c. Trail head park. d. Over 100’ visibility corridor. e. Common patio (over 750 sq ft) with shade structure. *Applies to both the Sports Facility and the Office Buildings Architectural Standards: The architectural standards within this Planned Development are shown below.  Permitted Primary Exterior Building Materials (minimum 85% of each elevation): o Clay Fired Brick o Stone (Natural or Manufactured) o Granite o Marble The following are allowed on sports facilities (maximum 40% of each elevation) o Split-faced concrete masonry units o Stucco (Three-step application process) o Concrete tilt-wall with decorative patterns  Permitted Secondary Building Materials (minimum 15% of each elevation): o Aluminum (or other metal) o Cedar or similar quality decorative wood o Stucco (Three-step application process) a minimum of 9 feet or higher above grade Screening and Fencing: The screening required along adjacent residential property shall be a living screen in lieu of a masonry wall. The evergreen trees shall be located interior to the property due to the overhead power lines and floodplain. Placement of the evergreen trees may be clustered as shown on the Landscape Exhibit, as long as there is appropriate coverage, as determined by the Director of Development Services. Town Staff Recommendation: The proposed zoning request is compatible with the surrounding property and provides landscaping, open space, and amenities that will integrate it with the adjacent creek and trail system. Town Staff recommends approval of the request for a Planned Development for an Indoor Sports Facility and Medical Offices on Middle School No. 9 Addition, Block A, Lot 5, on 18.9± acres, located on the east side of Denton Way and 480± feet north of Fishtrap Road. 16 Page 6 of 6 Town Council Public Hearing: Upon a recommendation by the Planning and Zoning Commission, a Public Hearing for this item will be scheduled for the Town Council at their Regular meeting on March 24, 2026. 17 0 490 980245 Feet FISHTRAP RD ROCKBARN DRDOVE CREEK CIR DENTON WAYFM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-25-0007 Denton Way Office Park Planned Development 18 0 490 980245 Feet PD-40 SF PD-40 SF A PD-51 R PD-40 SF PD-40 SF FISHTRAP RD ROCKBARN DRDOVE CREEK CIR DENTON WAYFM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-25-0007 Denton Way Office Park Planned Development 19 Future Land Use Exhibit 20 21 Doc. No. 2023-375 ORDCT Zoning: Agricultural Use: School Doc. No. 2021-48157 OPRDCT Zoning: Agricultural Use: Vacant Doc. No. 2013-130390 OPRDCT Use: Vacant Doc. No. 2022-69025 OPRDCT Zoning: SF Use: Vacant POINT OF BEGINNING Doc. No. 2022-69025 OPRDCT Zoning: SF Use: Vacant Block A, Lot 5 Middle School #9 Addition Prosper Denton Commercial Doc. No. 2024-138175 Zoning: Agricultural Proposed Zoning: PD-O 17.885 Ac. / 779,066 S.F. (Net) 1.054 Ac. (45,906 S.F.) R.O.W. Dedication 18.939 Ac. / 824,972 S.F. (Gross) Doc. No. 2023-375 Scale: 1"=60' April, 2025 SEI Job No. 24-161 ZONE 25-0007 EXHIBIT A-2 (SURVEY)   DENTON WAY OFFICE PARK BLOCK A, LOT 5 18.939 ACRES OF LAND (GROSS) 17.895 ACRES OF LAND (NET) IN THE J. MORTON SURVEY, ABSTRACT NO. 793 TOWN OF PROSPER, DENTON COUNTY, TEXAS LOCATION MAP SNWEPROJECT LOCATION ” ” ” ” 22 ZONE-25-0007 EXHIBIT B STATEMENT OF INTENT AND PURPOSE DENTON WAY OFFICE PARK 1. Statement of Intent A. Overall Intent The purpose of this project is to develop an office park with a multi-sport recreation facility. B. Description of Property The subject property comprises approximately 18 acres of vacant land along the eastern side of Denton Way north of Fishtrap Road in Prosper, Texas. It is bounded by an undeveloped tract to the Town of Prosper on the north and east, and a vacant lot to the south. Pat Cheek Middle School is located to the west of the site across Denton Way. C. Description of Proposed Property The subject property as depicted in Exhibit “D” has been divided into two lots sized 8.140 and 9.745 acres. One lot contains an indoor sports complex with a building of approximately 30,000 square feet. The other lot contains 11 office buildings with area totaling approximately 62,100 square feet. 2. Current Zoning and Land Uses A. Current Zoning The subject property is zoned Agricultural. B. Future Land Use Plan The Future Land Use Plan designates the subject property as Medium Density Residential and Floodplain. The proposed uses presented include Medical Office and Sports Complex. 23 Case # ZONE-25-0007 -EXHIBIT C- Planned Development Standards The proposed development will conform to the development standards of the Office District of the Town of Prosper’s Zoning Ordinance, as it exists or may be amended, and Subdivision Ordinance, as it exists or may be amended, except as otherwise set forth in these Development Standards. 1. Development Plans a. Concept Plan: The tract shall be developed in general accordance with the attached concept plan, set forth in Exhibit D. b. Elevations: The tract shall be developed in general accordance with the attached elevations, set forth in Exhibit F. c. Open space to be provided in accordance with Town of Prosper Standards (7%). Connectivity to Town Hike and Bike Trails to be provided. 2. All uses permitted are listed below. All development to be compliant with Town Standards. a. Use is permitted  Administrative/ Medical and Professional Office  Bank/ Saving and Loan/ Credit Union  Business Services  Indoor Sports Facility  Community Center  Fraternal Organization/ Lodge/ Civic Club/ Fraternity or Sorority  Governmental Office  Health/ Fitness Center  Home Builder Marketing Center  Insurance Office  Minor Dry Cleaning  Minor Print Shop  Museum/ Art Gallery  Park or Playground  Private or Parochial School  Private Recreational Center  Private Utility  Public Athletic Stadium or Field 24  Public Schools  Retail/ Service Incidental Use  Telephone Exchange b. Use is permitted with a Specific Use Permit  Assisted Care/ Living Facility  Child Care Center, Incidental  Child Care Center, Licensed  Restaurant – No Drive Thru  Day Care Center (Adult)  Private Athletic Stadium or Field  Rehabilitation Care Institution 3. Development Standards a. Regulations shall be in accordance with the Town of Prosper Zoning Ordinance for the office district as listed below: i. Size of Yards: 1. Minimum Front Yard: 30 feet. 2. Minimum Side Yard: a. Ten feet adjacent to any nonresidential district. b. Twenty five feet for a one story building adjacent to any residential district. Forty feet for a two story building adjacent to any residential district 3. Minimum Rear Yard: a. Ten feet adjacent to any nonresidential district. b. Twenty-five feet for a one story building adjacent to any residential district. Forty feet for a two story building adjacent to any residential district ii. Size of Lots: 1. Minimum Size of Lot Area: 7,000 square feet. 2. Minimum Lot Width: 70 feet. 3. Minimum Lot Depth: 100 feet. iii. Maximum Height: Two stories, no greater than 40 feet. iv. Lot Coverage: 30 percent. v. Floor Area Ratio: Maximum 0.5:1. vi. Maximum Floor Area: 10,000 square feet; the maximum floor area may exceed 10,000 square feet only if the entire structure is in excess of 200 feet from a residential use or zone. (This regulation is not applied to property separated by a public street.) 25 b. Architectural Standards i. Architectural style and building material requirements to be provided in accordance with the Office District of the Town of Prosper’s Zoning Ordinance, Chapter 4, Section 8.2, except as listed below: 1. Permitted primary exterior materials shall constitute a minimum 85% of an elevation and are defined as clay fired brick, natural and manufactured stone, granite and marble. The indoor sports facility may include split-faced concrete masonry units, stucco (3-step application process), and/or concrete tilt-wall construction with decorative patterns. The maximum combined amount of these materials on an elevation is 40%. 2. Secondary materials used on the façade of a building are those that comprise a total of fifteen percent or less of an elevation area. Permitted secondary materials are aluminum or other metal, cedar or similar quality decorative wood and stucco (3-step application process). Stucco is only permitted a minimum of nine feet above grade. 4. Properties adjacent to creeks are required to provide amenities listed in the Town Zoning Ordinance (Section 4.2.6). The following five amenities will be provided with this development: a. A minimum 25 percent of the surface area of the walls that face the major creek shall be provided as windows. b. Buildings will have the same building materials and architectural elements on all four sides. c. Trail head park. d. Over 100’ visibility corridor. e. Common patio (over 750 sq ft) with shade structure. 5. Screening Standards a. The screening required along adjacent residential property shall be a living screen in lieu of a masonry wall. The evergreen trees shall be located interior to the property due to the overhead power lines and floodplain. Placement of the evergreen trees may be clustered as shown on the Landscape Exhibit, as long as there is appropriate coverage, as determined by the Director of Development Services. 26 Doc. No. 2023-375 ORDCT Use: School Doc. No. 2021-48157 OPRDCT Zoning: Agricultural Use: Vacant Doc. No. 2013-130390 OPRDCT Use: Vacant Doc. No. 2022-69025 Zoning: SF Use: Vacant Doc. No. 2022-69025 Zoning: SF Use: Vacant ZONE-25-0007 EXHIBIT D DENTON WAY OFFICE PARK IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS J. MORTON SURVEY ABSTRACT NO. 793 824,982 Sq. Ft./18.939 Acres (GROSS) 779,070 Sq. Ft./17.885 Acres (NET)SNWELOCATION MAP PROJECT LOCATION 27 ZONE-25-0007 EXHIBIT E DEVELOPMENT SCHEDULE DENTON WAY OFFICE PARK The phasing and development of this project is dependent upon both market conditions and the individual developers’ timing. The anticipated schedule for the buildout will likely include a division of developmental increments. Upon commencement of development, the project construction is expected to require between 12 – 24 months. 28 29 Doc. No. 2023-375 ORDCT Use: School Doc. No. 2021-48157 OPRDCT Zoning: Agricultural Use: Vacant Doc. No. 2013-130390 OPRDCT Use: Vacant Doc. No. 2022-69025 Zoning: SF Use: Vacant Doc. No. 2022-69025 Zoning: SF Use: Vacant ZONE-25-0007 EXHIBIT G DENTON WAY OFFICE PARK IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS J. MORTON SURVEY ABSTRACT NO. 793 779,070 Sq. Ft./17.885 Acres LOCATION MAPSNWEPROJECT LOCATION REGISTERED L A NDSCAPE A RCHITECTS TATE OF T E X A S2986ANTHONY STE W A RT2-24-2026 30 Doc. No. 2023-375 ORDCT Use: School Doc. No. 2021-48157 OPRDCT Zoning: Agricultural Use: Vacant Doc. No. 2013-130390 OPRDCT Use: Vacant Doc. No. 2022-69025 Zoning: SF Use: Vacant Doc. No. 2022-69025 Zoning: SF Use: Vacant ZONE-25-0007 OPEN SPACE PLAN DENTON WAY OFFICE PARK IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS J. MORTON SURVEY ABSTRACT NO. 793 779,070 Sq. Ft./17.885 AcresS NWELOCATION MAP PROJECT LOCATION 31 DEVAGRE-26-0002 Page 1 of 15 DENTON WAY OFFICE PARK DEVELOPMENT AGREEMENT THIS DENTON WAY OFFICE PARK DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Prosper Denton Commercial LP (“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 Denton Way Office Park (“Property”), a legal description of which Property is attached h ereto as Exhibit A and incorporated by reference; and WHEREAS, the Property was rezoned by the Town Council on or about ________, 2026, 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 said 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 an y 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. 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. 32 DEVAGRE-26-0002 Page 2 of 15 3. 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. 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 Paragraph 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. 4. 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 revi sion(s) to said zoning regulations are deemed reasonably appropriate and have the written approval of the Developer, the Town may provide appropriate notices for Town consideration of same, pursuant to the provisions of Chapter 211 of the Texas Local Gove rnment Code, as amended, and the Town’s Zoning Ordinance, as amended. 33 DEVAGRE-26-0002 Page 3 of 15 5. 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 para phernalia; (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 Agreement is defined as any business entity th at is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. 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 (3 0) 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 re ceipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: 34 DEVAGRE-26-0002 Page 4 of 15 If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: Prosper Denton Commercial LP c/o Phani Chennupati 1720 Lewis Crossing Drive Keller, TX 76248-8754 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 evi dence 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. 35 DEVAGRE-26-0002 Page 5 of 15 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, 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 a 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. 36 DEVAGRE-26-0002 Page 6 of 15 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 identica l 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. 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 princip le that the language herein is to be construed against any Party shall not apply. 24. Waiver of Texas Government Code § 3000.001 et seq. With respect to any and all Structures to be constructed on the Property pursuant to this Agreement, Developer hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-3000.005, as amended. 25. Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any Third-Party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 26. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 27. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised or has had the 37 DEVAGRE-26-0002 Page 7 of 15 opportunity to have legal counsel review this Agreement and advise Developer, regarding Developer’s rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Developer specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby releases the Town from any and al l liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. (REMINDER OF PAGE INTENTIONALLY LEFT BLANK) 38 DEVAGRE-26-0002 Page 8 of 15 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 Canizares Title: Town Manager, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of ______________, 2026, 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: _________________ 39 DEVAGRE-26-0002 Page 9 of 15 DEVELOPER: Prosper Denton Commercial, LP By: _____________________________ Name: Phani Chennupati Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF ________ ) This instrument was acknowledged before me on the ___ day of _______________, 2026, by Phani Chennupati on behalf of Prosper Denton Commercial, LP, 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: _________________ 40 DEVAGRE-26-0002 Page 10 of 15 41 DEVAGRE-26-0002 Page 11 of 15 ZONE-25-0007 EXHIBIT A-2 42 DEVAGRE-26-0002 Page 12 of 15 ZONE-25-0007 EXHIBIT B STATEMENT OF INTENT AND PURPOSE DENTON WAY OFFICE PARK EXTERIOR APPEARANCE OF BUILDINGS: A. Architectural Standards (as shown in Exhibit F) 1. Architectural style and building material requirements to be provided in accordance with the Office District of the Town of Prosper’s Zoning Ordinance, Chapter 4, Section 8.2, except as listed below: a. Permitted primary exterior materials shall constitute a minimum 85% of an elevation and are defined as clay fired brick, natural and manufactured stone, granite and marble. Commercial Amusement (indoor) uses, such as a sports complex, may include split-faced concrete masonry units, stucco (3-step application process), and/or concrete tilt-wall construction with decorative patterns. The maximum combined amount of these materials on an elevation is 40%. b. Secondary materials used on the façade of a building are those that comprise a total of fifteen percent or less of an elevation area. Permitted secondary materials are aluminum or other metal, cedar or similar quality decorative wood and stucco (3-step application process). Stucco is only permitted a minimum of nine feet above grade. 43 DEVAGRE-26-0002 Page 13 of 15 44 DEVAGRE-26-0002 Page 14 of 15 45 DEVAGRE-26-0002 Page 15 of 15 46 Page 1 of 3 To: Planning and Zoning Commission Item No. 6 From: Dakari Hill, Senior Planner Through: David Hoover, AICP, Director of Development Services Cc: Suzanne Porter, AICP, Planning Manager Re: Specific Use Permit for Accessory Building/Guest House Meeting: March 3, 2026 Agenda Item: Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit for an Accessory Building/Guest House on Whispering Farms, Phase 2, Block G, Lot 9, on 5.1± acres, located on the south side of Whispering Way and 530± feet west of Parkview Lane. (ZONE-26- 0001) Future Land Use Plan: The Future Land Use Plan recommends Low Density Residential. Zoning: The property is zoned Planned Development-5 (Single Family-15). Thoroughfare Plan: This property has access to Whispering Way. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. Legal Obligations and Review: Notification was provided as required by the Zoning Ordinance and state law. Staff has not received any response to the proposed zoning request to date. Attached Documents: 1. Aerial & Zoning Maps 2. Exhibit A – Boundary Exhibit 3. Exhibit B – Site Plan PLANNING 47 Page 2 of 3 4. Exhibit D – Elevations 5. HOA Approval Letter Description of Agenda Item: The purpose of this request is to obtain a Specific Use Permit to construct an accessory building/guest house that exceeds 4,000 square feet on a single-family lot. Compatibility: The zoning and land use of the surrounding properties are shown below. Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-5 Single-Family Low Density Residential North Planned Development-5 Single-Family Low Density Residential East Planned Development-5 Single-Family Low Density Residential South Planned Development-5 Pond Parks West Planned Development-5 Single-Family Low Density Residential Accessory Building Standards: Per Planned Development-5, detached free standing garages with living quarters are a permitted use and referred to as accessory buildings. The proposed structure is 6,875 square feet. Per the Town’s Zoning Ordinance, an accessory building that exceeds 4,000 square feet requires a Specific Use Permit. Specific Use Permit Criteria: The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of an SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?  Yes, the use is harmonious and compatible with its surrounding existing uses and proposed uses because it is allowed within residential areas. 2. Are the activities requested by the applicant normally associated with the requested use?  Yes, an accessory structure/guest house may be permitted on a single-family lot, per the Planned Development. Per the Town’s Zoning Ordinance, accessory structures with living quarters or guest houses of a maximum area of 4,000 square feet can only be on lots that are one acre or larger. Due to the size of the lot being over five acres, having a larger sized accessory structure is not out of character. 3. Is the nature of the use reasonable?  Yes, the nature of the use is reasonable as it is a permitted use in the zoning for the area. 4. Has any impact on the surrounding area been mitigated?  Yes, the impact on the surrounding area has been mitigated as the applicant has received approval from the Whispering Farms Homeowner’s Association for the structure. 48 Page 3 of 3 Town Staff Recommendation: Town Staff recommends approval of the request for a Specific Use Permit for an Accessory Building/Guest House on Whispering Farms, Phase 2, Block G, Lot 9, on 5.1± acres, located on the south side of Whispering Way and 530± feet west of Parkview Lane. Town Council Public Hearing: Upon a recommendation by the Planning and Zoning Commission, a Public Hearing for this item will be scheduled for the Town Council at their regular meeting on March 10, 2026. 49 0 330 660165 Feet ZONE-26-0001 W H I S P E R I N G W A YWOODVIEW DRPARKVIEW LN FM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-26-0001 Whispering Farms, Phase 2, Block G, Lot 9 Specific Use Permit 50 0 330 660165 Feet PD-5 SF-15 PD-5 SF-15 PD-90 SFPD-18 SF S-34 A ZONE-26-0001 W H I S P E R I N G W A YWOODVIEW DRPARKVIEW LN FM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-26-0001 Whispering Farms, Phase 2, Block G, Lot 9 Specific Use Permit 51 GSPublisherVersion 0.31.100.100 EXHIBIT A: BOUNDARY EXHIBIT FOR PROPERTY (ZONE: 26-0001) 52 GSPublisherVersion 0.30.100.100 Original Design Date: Issue Date: SHEET INFORMATION: File Name: Designed by: This file last opened on: Sheet Number: 2/17/26,2:53 PM Greg RichmondGARAGE ADDITIONKuhar 2 - WOW.pln A1-08741 WHISPERING WAYPROSPER, TXSTART DATE 00/00/14#2535THEKUHAR RESIDENCE2/17/26 NOT FOR CONSTUCTIONDFW IMPROVED6652 Pinecrest DriveSuite 100Plano, Texas75024Office - 972-377-7600www.dfwimproved.comNS 35° 47' 38" W793.48'N 25° 4' 57" W409.46'N 44° 3' 35" W62.10'N 54° 51' 56" E279.10' N 62° 44' 16" E 423.98'50' DAM MAINTENANCE BUFFER(AS APPROVED BY CCSWCD)29'-43/4"72'-71/4"741 WHISPERING WAYEXISTINGRESIDENCEPROPOSEDGARAGEADDITIONPROPOSEDDRIVEEXISTINGDRIVEEXISTINGPOOLADDED WALKPROPOSEDDRIVEPROPOSEDBARN CANVERSION(GYM)LEGAL DESCRIPTIONLOT: 9 BLOCK: GWHISPERING FARMS - PHASE 2CITY OF PROSPER, COLLIN COUNTY, TEXASRELOCATE DRAINAGE PIPEPROPOSED GARAGEADDITION218'-4"63'-1"36'-11/2"17'-91/2"EXHIBIT B: SITE PLAN (ZONE: 26-0001)1SITE PLANSCALE: 1"=60'-0"53 GSPublisherVersion 0.30.100.100 Original Design Date: Issue Date: SHEET INFORMATION: File Name: Designed by: This file last opened on: Sheet Number: 2/17/26,2:53 PM Greg RichmondGARAGE ADDITIONKuhar 2 - WOW.pln A4-01741 WHISPERING WAYPROSPER, TXSTART DATE 00/00/14#2535THEKUHAR RESIDENCE2/17/26 NOT FOR CONSTUCTIONDFW IMPROVED6652 Pinecrest DriveSuite 100Plano, Texas75024Office - 972-377-7600www.dfwimproved.com0"0" 10'10' 11'-4"11'-4" 20'-4"20'-4" SIDING AS SPECIFIED TO MATCH EXISTING METAL ROOF TO MATCH EXISTING EXISTING ROOF BRICK WATER TABLE AS SPECIFIED TO MATCH EXISTING COMPOSITION ROOF AS SPECIFIED TO MATCH EXISTING SIDING AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING SIDING AS SPECIFIED TO MATCH EXISTING 12 8 12 8 12 8 0"0" 10'10' 11'-4"11'-4" 20'-4"20'-4" SIDING AS SPECIFIED TO MATCH EXISTING METAL ROOF TO MATCH EXISTING EXISTING ROOF EXISTING STRUCTURE COLUMNS TO MATCH EXISTING BRICK WATER TABLE AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING COMPOSITION ROOF AS SPECIFIED TO MATCH EXISTING SIDING AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING WOOD SHUTTERS AS SPECIFIED TO MATCH EXISTING 12 8 12 8 12 8 EXHIBIT D: ELEVATIONS (ZONE: 26-0001) EXHIBIT D: ELEVATIONS (ZONE: 26-0001) SCALE: 1/8" = 1'-0"2 REAR ELEVATION 0 4'8'16' SCALE: 1/8" = 1'-0"1 FRONT ELEVATION 0 4'8'16' 54 GSPublisherVersion 0.30.100.100 Original Design Date: Issue Date: SHEET INFORMATION: File Name: Designed by: This file last opened on: Sheet Number: 2/17/26,2:54 PM Greg RichmondGARAGE ADDITIONKuhar 2 - WOW.pln A4-02741 WHISPERING WAYPROSPER, TXSTART DATE 00/00/14#2535THEKUHAR RESIDENCE2/17/26 NOT FOR CONSTUCTIONDFW IMPROVED6652 Pinecrest DriveSuite 100Plano, Texas75024Office - 972-377-7600www.dfwimproved.com32'-41/2"SIDING AS SPECIFIED TO MATCH EXISTING METAL ROOF TO MATCH EXISTING 2/12 EXISTING STRUCTURE COLUMNS TO MATCH EXISTING BRICK WATER TABLE AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING COMPOSITION ROOF AS SPECIFIED TO MATCH EXISTING SIDING AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING 2/12 12 8 12 8 12 8 12 8 12 8 12 8 12 8 SIDING AS SPECIFIED TO MATCH EXISTING METAL ROOF TO MATCH EXISTING 2/12 EXISTING STRUCTURE COLUMNS TO MATCH EXISTING BRICK WATER TABLE AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING COMPOSITION ROOF AS SPECIFIED TO MATCH EXISTING SIDING AS SPECIFIED TO MATCH EXISTING BRICK EXTERIOR AS SPECIFIED TO MATCH EXISTING 2/12 12 8 12 8 12 8 12 8 12 8 12 8 0" 10' 11'-4" 20'-4" 0" 10' 11'-4" 20'-4" EXHIBIT D: ELEVATIONS (ZONE: 26-0001) SCALE: 1/8" = 1'-0"2 RIGHT ELEVATION 0 4'8'16' SCALE: 1/8" = 1'-0"1 LEFT ELEVATION 0 4'8'16'55 Whispering Farms SBB Management Co. 12801 N. Central Expressway Suite 1401 Dallas, TX 75243 Main Phone: (972) 960-2800 Fax: (972) 991-6642 Website: https://sbbmanagement.com/ Date: 10/13/2025 6:23:48 PM Project Ref: [57280833] 741 Whispering Way Michelle G Kuhar & Paul E Kuhar, Jr 741 Whispering Way Prosper TX 75078 Dear Michelle G Kuhar & Paul E Kuhar, Jr, I am pleased to inform you that the Whispering Farms Architectural Committee has approved your application for the listed project item(s): Add guest house & garage The approval is contingent upon compliance with the specifications set forth in the approved application. If your change or addition requires a county, city or state permit, it is the responsibility of the homeowner to obtain this before starting construction and to be aware of and comply with all city code compliance issues. In addition this approval is contingent on compliance with Whispering Farms's CC&Rs. Please be advised that Whispering Farms does not warrant any improvements including structural design, functional concerns, and building code compliance issues. Please retain this letter in your files. If you have any questions regarding this matter, please contact our office at (972) 960-2800 or email us at sbbmgmtllc@sbbmanagement.com. On behalf of the ACC Committee Sincerely, Whispering Farms 56