03.24.26 Town Council Regular Meeting Agenda 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. America 250. (DB)
2. Recognize members of the Prosper Independent School District Resource Center. (KS)
3. Recognize members of the Prosper Fire and Rescue Department for their Life Saving
efforts. (SB)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 24, 2026
6:15 PM
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CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
4. Consider and act upon the minutes of the March 10, 2026, Town Council Work Session
meeting. (MLS)
5. Consider and act upon the minutes of the March 10, 2026, Town Council Regular
meeting. (MLS)
6. Consider acceptance of the February monthly financial report for fiscal year 2026. (CL)
7. Consider and act upon the appointment of an Associate Municipal Judge for a two-year
term and authorize the Town Manager to execute an agreement for same. (JJ)
8. Consider and act upon an ordinance amending Chapter 1, “General Provisions,” of the
Code of Ordinances by amending Subsections (8) and (10) and adding a new
Subsection (11) to Section 1.02.129 relative to the Code of Conduct for Town
Councilmembers and amending Section 1.04.003(b) by amending Subsections (7) and
(9) and adding a new Subsection (10) relative to the Code of Conduct for Town Board,
Commission and Committee Members. (TW)
9. Consider and act upon an ordinance amending Section 6.03.002, “Regulation of weeds,
rubbish, brush, and other objectionable, unsightly, or unsanitary matter,” of Article 6.03,
“Maintenance of Property,” of Chapter 6, “Health and Sanitation,” of the Town’s Code of
Ordinances by defining a nuisance and extending nuisance control areas 5,000 feet
outside the Town’s corporate boundaries, pursuant to state law. (TW)
10. Consider authorizing the Town Manager to execute a lease agreement with New
Cingular Wireless PCS, LLC, for the installation of an AT&T wireless service antenna on
the Town water tower at 1880 Newpark Way. (CE)
11. Consider and act upon a Park Improvement Fee Agreement between the Town of
Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development. (DB)
12. Consider and act upon an Ordinance for a Specific Use Permit for Private Streets on
Jeremiah Horn Survey, Abstract 411, Tract 35 and a portion of Tracts 5 and 48, on 21.4±
acres, located 530± feet north of University Drive and 2,575± feet east of Lakewood
Drive. (ZONE-25-0002) (DH)
13. Consider and act upon an Ordinance 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) (DH)
14. Consider and act upon an Ordinance to rezone J. Durrett Survey, Abstract 350, Tracts
2 & 2A, and John M. McKim Survey, Abstract 889, Tract 4, on 49.9± acres from
Agricultural to a Planned Development for Single-Family Residences, located on the
north side of Prosper Trail and 855± feet west of Legacy Drive. (ZONE-25-0006) (DH)
15. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between George L. McCasland and the Town of Prosper relative to
McCasland Tract. (DEVAGRE-26-0002) (DH)
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16. 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 and Zoning Commission on Preliminary Site Plans and Site
Plans. (DH)
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:
17. Conduct a Public Hearing and consider and act upon a 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. (ZONE-25-0007) (DH)
18. 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 the 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 551.076 - To discuss and consider the deployment, or specific occasions for
implementation, of security personnel or devices.
Section 551.071 - Consultation with the Town Attorney regarding legal issues related to
zoning classifications, and all matters incident and related thereto.
Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated
litigation.
Section 551.071 - Consultation with the Town Attorney to discuss legal issues
associated with any Work Session or Council Meeting agenda item.
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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
Wednesay, March 18, 2026, and remained so posted at least three (3) business days before said
meeting was convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE 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 -1073
at least 48 hours prior to the meeting time.
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Town Council Call to Order/Roll Call.
Mayor Bristol called the meeting to order at 5:05 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Cameron Reeves
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Hulon Webb, Engineering Director
Tony Luton, Human Resources Director
David Hoover, Development Services Director
Carrie Jones, Public Works Director
Dan Baker, Parks and Recreation Director
Chris Landrum, Finance Director
Stuart Blasingame, Fire Chief
Abigail Sims, IT Specialist I
Ken Myers, Interim Police Chief
Barrett Morris, Lieutenant
Items for Individual Consideration:
1. Discussion regarding the review of the Town’s Charter. (MLS)
Ms. Lewis Sirianni presented an overview of the requirements within the Town’s
Charter regarding conducting a review of the document including the number of
citizens the Town Council can appoint to a committee, and a timeline of the review
process. Staff indicated at minimum a review must be done with a report being made
by the committee with any recommendation(s). The Town Council would then have
an opportunity to review the recommendations and if desired, call a Charter Election
to be held.
The Town Council discussed appointing a committee and the timeline of the review
process.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 10, 2026
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Item 4.
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2. Discussion regarding the Town’s Park Development Agreement Policy. (CE)
Mr. Ewings presented an overview regarding park land dedication fees, park
improvement fees, tree mitigation, the Parks Master Plan, and current projects that
will have park development agreements. Staff is seeking direction and policy
recommendations.
The Town Council discussed the Parks Master Plan, remaining area parks to be
developed, tree mitigation, historic trees, and park improvement fees.
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 the 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 551.074 – To discuss and consider personnel matters including the annual
evaluation of the Town Manager, and all matters incident and related thereto.
Section 551.071 - Consultation with the Town Attorney regarding legal issues related to
Chapter 791 of the Texas Local Government Code.
Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated
litigation.
Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated
with any agenda item.
The Town Council recessed into Executive Session at 5:35 p.m.
Reconvene into Work Session.
The Town Council reconvened into Work Session at 6:01 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 6:01 p.m.
These minutes were approved on the 24th day of March 2026.
APPROVED:
________________________________
David F. Bristol, Mayor
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Item 4.
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ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 4.
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Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Cameron Reeves
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Tony Luton, Human Resources Director
Hulon Webb, Director of Engineering
Pete Anaya, Assistant Director of Enginnering/Capital Projects
Chris Landrum, Finance Director
Marcus Northcutt, Accounting Manager
Dan Baker, Parks and Recreation Director
Kaylynn Stone, Special Events Manger
Myrisa Petty, Community Engagement Coordinator
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Carrie Jones, Public Works Director
Stuart Blasingame, Fire Chief
Ken Myers, Interim Polic Chief
Barrett Morris, Lieutenant
Abigail Sims, IT Specialist I
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Kellie Wilson with Prosper United Methodist Church led the invocation. Boy Scout Troop 1902 led
the Pledge of Allegiance and the Pledge to the Texas Flag.
An nouncements of recent and upcoming events.
Councilmember Hodges made the following announcements:
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 10, 2026
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Item 5.
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Registration is now open for the fourth annual P-Town Throwdown Pickleball Tournament being
held on Saturday, March 28 at Raymond Community Park. The format is Mixed-Doubles for
participants 18 years and older, with Recreational and Competitive Divisions based on player
ratings. Learn more about the tournament at prospertx.gov/ptownthrowdown.
Registration is open for the spring season of the 2026 Mayor’s Fitness Challenge which begins
Sunday, March 1 and continues through May 31. Tracking sheets and online registration are
available by visiting prospertx.gov/mayorsfitnesschallenge.
Join Mayor Bristol on Wednesday, March 11 from 9 am to 11 am at Fire Station No. 2 for Coffee for
Active Adults. Residents may register by visiting the Special Events page through the Parks and
Recreation Department.
The Town’s annual Spring Cleanup will take place on Saturday, March 28 from 8:00 am to noon at
Prosper Town Hall. Residents may dispose of various items. To enter the event, please be prepared
to show your utility bill and valid driver’s license. For more information, visit
prospertx.gov/springcleanup.
Mayor Bristol recognized Captain Jim Reeves and invited him to the podium.
Captain Jim Reeves with the US Airforce Auxillary Civil Engagement Committee introduced himself
and their reasoning for being in attendance.
Presentations.
1. America 250. (DFB)
Mayor Bristol read a historical background on the Declaration of Independence. He
noted this episode along with the previous episodes can be viewed on the Town’s
YouTube Channel.
2. Hometown Hero's. (CR)
Mayor Bristol introduced the program on behalf of Councilmember Reeves noting the
idea behind the program and the joint collaboration with the Prosper Rotary Club and
Historical Society. Once a month an individual will be recognized with items displayed
within the glass case in the lobby of Town Hall. Citizens may nominate individuals who
they feel should be recognized as a Hometown Hero.
Mayor Bristol recognized Irwin “Cap” Perry as the first Hometown Hero. He read a brief
background regarding Mr. Perry and was presented with a certificate from the Town,
and a commerative coin and flag from the Prosper Rotary.
Mayor Pro-Tem Bartley surprised Mayor Bristol by recognizing him as another
Hometown Hero. She read a background highlighting Mayor Bristol’s service to the US
Airforce. He was presented with a certificate along with a commerative coin and flag
from the Prosper Rotary.
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Item 5.
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CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
3. Consider and act upon the minutes of the February 24, 2026, Town Council Work
Session meeting. (MLS)
4. Consider and act upon the minutes of the February 24, 2026, Town Council
Regular meeting. (MLS)
5. Consider and act upon Resolution 2026-10 accepting the Independent Audit
Report, Annual Comprehensive Financial Report for the Fiscal Year Ended
September 30, 2025, and Single Audit Report Related to Grant Activities Under
Uniform Guidance, as audited by Weaver and Tidwell LLP, Certified Public
Accountants. (CL)
6. Consider and act upon authorizing the Mayor to execute an Agreement with Cook
Children's Hospital for the Town to enroll in a 340B Program to provide Health
Care services to low-income individuals. (TW)
7. Consider and act upon Ordinance 2026-11 amending Chapter 1, “General
Provisions,” of the Code of Ordinances by adding a new Section 1.02.129 relative
to a Code of Conduct for Town Councilmembers and amending Section
1.04.003(b) relative to the Code of Conduct for Town Board, Commission and
Committee Members. (TW)
8. Consider and act upon Ordinance 2026-12 amending Section 8.02.002,
“Prohibited,” of Chapter 8, “Offenses and Nuisances,” by extending nuisance
control areas 5,000 feet into the Town’s Extraterritorial Jurisdiction, pursuant to
state law; and repealing existing Article 8.06, “Noise Control,” of Chapter 8,
“Offenses and Nuisances,” and replacing it with a new Article 8.06, “Noise
Control.” (TW)
9. Consider and act upon authorizing the Town Manager to execute a Service
Agreement between the Town of Prosper and Cedarbrook Media for the annual
Pride in the Sky event. (KS)
10. Consider and act upon approving Resolution 2026-13 and Resolution 2026-14
authorizing matching funds for projects submitted under the State and Local
Cybersecurity Grant Program. (LJ)
11. Consider and act upon approving the purchase of 2,184 Schaeffer 95-gallon solid
waste and recycling carts from Republic Services in the amount of $120,120. (RB)
12. Consider and act upon approving the purchase of (2) two 2026 Ford Interceptor
Utility AWD patrol vehicles for $105,546.00 from Silsbee Ford, and all aftermarket
emergency equipment and install for the two Ford Interceptor’s from DANA Safety
Supply, Inc. for $60,089.50, total request of $165,635.50 utilizing the Interlocal
Purchasing System (TIPS) Contract #240901. (KM)
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Item 5.
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13. Consider and act upon authorizing the Town Manager to execute a five-year lease
agreement and all related documents with Dell Financial Services L.L.C. in a total
amount not to exceed $393,880. (LJ)
14. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Freese & Nichols, Inc., and the Town of Prosper,
Texas, related to an update of the Risk and Resilience Assessment and the
Emergency Response Plan for $57,000. (CJ)
15. Consider and act upon rejecting all proposals received in response to CSP No.
2026-05-B for the Custer Road 6MG Ground Storage Tank. (LH)
16. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between the City of Frisco, Texas, and the Town of Prosper, Texas,
related to the placement of a TRAINFO sensor and related equipment in Prosper.
(HW)
17. 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 and Zoning Commission on Preliminary
Site Plans and Site Plans. (DH)
Councilmember Ray requested to pull item 5.
Councilmember Andres requested to pull item 14.
Mayor Pro-Tem Bartley made a motion to approve consent agenda items 3 through 4, 6
through 13, and 15 through 17. Councilmember Kern seconded the item. Motion carried
with a 6-0 vote.
Regarding item 5, Councilmember Ray noted his appreciation to staff for their efforts
and hardwork. Councilmember Kern echoed his comments and added that there were
no major findings and acknowledged the Town for having sound financial policies in
place.
Councilmember Ray made a motion to approve item 5. Councilmember Kern seconded
the motion. Motion carried with a 6-0 vote.
Councilmember Andres noted he pulled the incorrect item for discussion.
Councilmember Andres made a motion to approve item 14. Mayor Pro-Tem Bartley
seconded the motion. Motion carried with a 6-0 vote.
Councilmember Andres made a motion to pull item 15. Councilmember Hodges
seconded the motion. Motion carried with a 6-0 vote.
Regarding item 15, Councilmember Andres asked how much leeway capacity there is
in the storage tank. Mr. Webb provided a brief overview of the item and noted there is
no concern on the capacity for the ground storage tank.
Councilmember Andres made a motion to approve item 15. Councilmember Hodges
seconded the motion. Motion carried with a 6-0 vote.
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Item 5.
Page 5 of 7
CITIZEN COMMENTS
Dasha Sriruvasan, First Lieutant for the US Airforce Auxiliary, commented on the cadet program,
including their aerospace education program, emergency services program, and ways the program
has helped her on a personal level.
Paul Sumethasorn, a cadet in the Civic Airpatrol, commented on the program and the ways the
medical orientation school has assisted in his career path, and ways the civic engagement
committee provides help, outreach and education.
Doug Charles, was unable to be in attendance.
Mike Bennett, 1205 Chandler Circle, expressed concerns of violation(s) of first amendment rights
regarding citizen comments.
Items for Individual Consideration:
18. 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) (DH)
Mr. Hoover introduced the item noting the purpose of the request is to obtain a SUP for
an accessory building/guest house that exceeds 4,000 square feet. An overview of the
SUP criteria was given, along with the layout and elevations of the proposed request. A
letter of support was received from the HOA approving the request. The Planning and
Zoning Commission recommended approval with a 5-0 vote. Staff is recommending
approval.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Mayor Pro-Tem Bartley made a motion to approve a 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. Councilmember Hodges seconded the motion. Motion carried with a 6-
0 vote.
19. Consider and act upon adopting the revised Strategic Visioning Priorities of the
Prosper Town Council. (MC)
Mr. Canizares presented the item commenting on the revisions made. He stated the top
five priorities essentially are the same with updates to the wording along with the sub
bullet points under each being updated to reflect current goals.
Mayor Bristol stated these have been the guiding principles for the Town Council and
are not listed in any order of priority. He noted their importance and value with every
item considered by the Town Council.
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Item 5.
Page 6 of 7
Councilmember Ray made a motion adopt the revised Strategic Visioning Priorities of
the Prosper Town Council as presented. Councilmember Hodges seconded the motion.
Motion carried with a 6-0 vote.
20. Receive an update regarding the Fire Department's 48/96 schedule. (SB)
Chief Blasingame gave an update regarding the departments current schedule. He
included an update since the schedule has been implemented, the survey results from
the firefighters, safety and incident reporting measures, and benchmarking to
comparative municipalities. He recommended no changes and to remain with the 48/96
schedule.
Mayor Bristol asked if staff recommended providing updates or to adopt the policy. Chief
Blasingame replied he would prefer to adopt the policy.
21. Discuss and consider Town Council Subcommittee reports. (DFB)
Community Engagement Committee: Ms. Battle presented recommendations from the
CEC for America 250 including the Hometown Heros program, the 40 days of celebration
from Memorial Day to July 4 including events, coordination with the Downtown business
owners, promotional items, and giveaways the town will use to promote each event.
Finance Subcommittee: Councilmember Ray noted the committee reviewed and
discussed the ACFR and Single Audit report.
Capital Improvement Projects Subcommittee: Mayor Pro-Tem Bartley noted they
discussed additions to Raymond Community and Frontier Park in conjunction with sports
leagues. Councilmember Hodges added they also discussed enhancements to Doe
Branch and that the Smartsheet website page has been updated.
Downtown Advisory Committee: Ms. Battle noted the committee discussed parking
strategies, pursuing an update to the Downtown Master Plan, and updates regarding the
monumentation project and various events.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Mayor Bristol noted to watch social media for details regarding the Ironman coming through Town.
Mr. Canizares added the west side of town will be most impacted and staff has been receiving
regular updates from the Town of Little Elm.
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 the 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.
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Item 5.
Page 7 of 7
Section 551.074 – To discuss and consider personnel matters including the annual
evealuation of the Town Manager, and all matters incident and related thereto.
Section 551.071 - Consultation with the Town Aorrney regarding legal issues related to
Chapter 791 of the Texas Local Government Code.
Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated
litigation.
Section 551.071 - Consultation with the Town Attorney to discuss legal issues
associated with any Work Session or Council Meeting agenda item.
The Town Council recessed into Executive Session at 7:26 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 9:23 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:24 p.m.
These minutes were approved on the 24th day of March 2026.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
Page 14
Item 5.
Page 1 of 1
To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: Consider acceptance of the February Monthly Financial Report for
Fiscal Year 2026 (CL)
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider acceptance of the February monthly financial report for fiscal year 2026. (CL)
Description of Agenda Item:
The Town Charter requires the submission of monthly financial reports to the Town Council. In
summary, both revenues and expenditures are within the expected ranges, except where
otherwise noted in the financial statements.
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. Monthly Financial Report – February 28, 2026
Town Staff Recommendation:
Town staff recommends Town Council vote to accept submission of the monthly financial report
for the period of February for fiscal year 2026 in compliance with Town Charter requirements.
Proposed Motion:
I move to accept the February Monthly Financial Report for Fiscal Year 2026 in compliance with
charter requirements.
FINANCE
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Item 6.
MONTHLY FINANCIAL REPORT
as of February 28, 2026
Cash/Budgetary Basis
Prepared by
Finance Department
March 24, 2026
Page 16
Item 6.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 2026
Table of Contents
Management Discussion and Highlights 3
General Fund 4
General Fund Charts 5-7
Debt Service Fund 8
East Thoroughfare Impact Fees Fund 9
West Thoroughfare Impact Fees Fund 10
Water Impact Fees Fund 11
Wastewater Impact Fees Fund 12
Impact Fee Chart 13
TIRZ #1 - Blue Star 14
TIRZ #2 15
Crime Control and Prevention Special Purpose District 16
Fire Control, Prevention, and Emergency Medical Services Special Purpose District 17
Park Dedication and Improvement Fund 18
Special Revenue Fund 19
Hotel Occupancy Tax Fund 20
Water-Sewer Fund 21-22
Water-Sewer Fund Charts 23-25
Storm Drainage Utility Fund 26
Solid Waste Fund 27
Vehicle and Equipment Replacement Fund 28
Health Insurance Fund 29
Capital Projects Fund-General 30-34
Capital Projects Fund-Water/Sewer 35
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Item 6.
TOWN OF PROSPER, TEXAS
Management Discussion & Highlights
February 2026
Overview
Monthly financial reports are presented on a cash basis to allow for timely reporting.
Expenditures in the operating funds exceeding the 41.7% year-to-date benchmark are
primarily attributable to encumbrance accounting and the issuance of purchase orders at
the beginning of the fiscal year.
Highlights
General Fund
-The ending fund balance exceeds the 21% target, largely due to most of the property tax
collections occuring in January. YTD actual expenditures are within expected percentages except
where noted.
Water-Sewer Fund
-Water consumption is down compared to the prior year, which may impact current year
revenue trends. 40% of revenue is collected in the last four months of the fiscal year.
Drainage Fund
-Collections through January are below expected percentages because the new fee
structure was not effective until the November billing. Revenue collections for the current
year are outpacing the prior year collections.
Health Fund
-YTD revenue amounts are under expected percentages. This is largely due to vacancies, the new
plan year starting in January 2026, and the newly budgeted positions not coming online until
February 2026. Claims expenses continue to track on pace with the prior year claims. This is
being closely monitored for any needed adjustments to keep the Health Fund whole.
3 Page 18
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year
REVENUES
Property Taxes 26,277,088$ -$ 26,277,088$ 25,895,938$ -$ 381,150$ 99%1 22,926,701$ 13%
Sales Taxes 13,199,055 - 13,199,055 5,359,807 - 7,839,248 41%5 5,180,452 3%
Franchise Fees 4,685,174 - 4,685,174 1,972,185 - 2,712,989 42%2 1,478,336 33%
Building Permits 5,193,641 - 5,193,641 1,374,686 - 3,818,955 26%1,152,474 19%
Other Licenses, Fees & Permits 2,640,606 - 2,640,606 625,610 - 2,014,996 24%763,455 -18%
Charges for Services 1,577,152 - 1,577,152 815,782 - 761,370 52%669,986 22%
Fines & Warrants 581,144 - 581,144 207,137 - 374,007 36%219,410 -6%
Intergovernmental Revenue (Grants)1,796,663 - 1,796,663 173,738 - 1,622,925 10%15,350 1032%
Interest Income 750,000 - 750,000 207,326 - 542,674 28%268,862 -23%
Miscellaneous 332,071 - 332,071 270,145 - 61,926 81%69,374 289%
Park Fees 818,041 - 818,041 183,168 - 634,873 22%195,878 -6%
Transfers In 10,389,929 - 10,389,929 5,227,712 - 5,162,217 50%4 616,123 748%
Total Revenues 68,240,564$ -$ 68,240,564$ 42,313,233$ -$ 25,927,331$ 62%33,556,401$ 26%
EXPENDITURES
Administration 12,177,072$ -$ 12,177,072$ 4,388,245$ 744,988$ 7,043,840$ 42%6 4,530,817$ -3%
Police 17,724,406 - 17,724,406 5,868,713 467,396 11,388,297 36%3 4,974,216 18%
Fire/EMS 15,945,810 - 15,945,810 6,035,707 298,863 9,611,240 40%3 4,551,277 33%
Public Works 5,512,375 - 5,512,375 1,657,858 844,767 3,009,750 45%6, 7 1,445,408 15%
Community Services 9,346,688 - 9,346,688 2,964,899 1,050,720 5,331,069 43%6 2,895,511 2%
Development Services 4,083,700 - 4,083,700 1,343,440 49,270 2,690,990 34%1,514,584 -11%
Engineering 2,708,971 - 2,708,971 963,117 5,888 1,739,966 36%910,493 6%
Transfers Out 710,000 - 710,000 - - 710,000 0%- 0%
Total Expenses 68,209,022$ -$ 68,209,022$ 23,221,979$ 3,461,892$ 41,525,151$ 39%20,822,306$ 12%
REVENUE OVER (UNDER) EXPENDITURES 31,542$ -$ 31,542$ 19,091,254$ 12,734,095$
Beginning Fund Balance October 1 10,828,123 10,828,123 13,226,939
Ending Fund Balance*10,859,665$ 29,919,377$ 25,961,034$
Notes
1 Property taxes are billed in October and a majority of collections occur December through February. TIRZ Transfers anticpated in March, percentage may decrease.
2 Franchise fees and other various license and fees are paid quarterly or annually.
3 Higher amounts vs prior years due to Special Purpose District salaries being moved to General Fund. Offset by Transfers In.
4 Increase in Transfers In vs prior year related to transfers from Capital Project and Special Purpose District funds for salaries.
5 Quarterly filer paid early in FY25 resulting in a higherthan normal October collection amount.
6 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months.
7 Higher amount vs prior year due to adding market adjustments and two additional staff.
*Fund Balance Contingency per Charter and Reserve for FY26 = $11,821,706 (21%). This is $341,747 below the 21% target due to encumbrance accounting,
which overstates the expenditures until the purchase item is received.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
GENERAL FUND
4 Page 19
Item 6.
$25,895,938
$5,359,807
$1,972,185 $1,374,686
$22,926,701
$5,180,452
$1,478,336 $1,152,474
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
Property Taxes Sales Taxes Franchise Fees Building Permits
GENERAL FUND REVENUE
Current Year to Prior Year Actual
Current Year Prior Year
5 Page 20
Item 6.
99%
41%42%
26%24%
52%
28%
Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses,
Fees & Permits
Charges for
Services
Interest Income
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
GENERAL FUND REVENUE
Year to Date Percentage of Budget
6 Page 21
Item 6.
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Sales Tax Revenue by Month
FY 21/22 FY22/23 FY23/24 FY24/25 FY25/26
7 Page 22
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes-Delinquent 75,000$ -$ 75,000$ (33,222)$ -$ 108,222$ -44%4 26,809$ -224%
Property Taxes-Current 20,684,204 - 20,684,204 20,682,397 - 1,807 100%1 18,016,626 15%
Taxes-Penalties 40,000 - 40,000 13,699 - 26,301 34%15,578 -12%
Interest Income 145,000 - 145,000 83,232 - 61,768 57%110,132 -24%
Transfer In - - - - - - 0%- 0%
Total Revenues 20,944,204$ -$ 20,944,204$ 20,746,105$ -$ 198,099$ 99%18,169,145$ 14%
EXPENDITURES
Professional Services -$ -$ -$ 2,500$ -$ (2,500)$ 0%-$ 0%
Bond Administrative Fees 20,000 - 20,000 500 - 19,500 3%465 8%
2014 GO Bond Payment - - - 550,000 - (550,000) 0%3 - 0%
2015 GO Bond Payment 1,444,300 - 1,444,300 1,444,300 - - 100%1,436,700 1%
2015 CO Bond Payment - - - - - - 0%495,000 -100%
2016 GO Debt Payment 250,000 - 250,000 250,000 - - 100%- 0%
2016 CO Debt Payment 470,000 - 470,000 470,000 - - 100%105,000 348%
2017 CO Debt Payment 490,000 - 490,000 490,000 - - 100%480,000 2%
2018 GO Debt Payment 170,000 - 170,000 170,000 - - 100%160,000 6%
2018 CO Debt Payment 560,000 - 560,000 560,000 - - 100%2 520,000 8%
2019 CO Debt Payment 564,212 - 564,212 564,212 - - 100%549,266 3%
2019 GO Debt Payment 175,000 - 175,000 175,000 - - 100%170,000 3%
2020 CO Debt Payment 445,000 - 445,000 445,000 - - 100%430,000 3%
2021 CO Debt Payment 270,000 - 270,000 270,000 - - 100%265,000 2%
2021 GO Debt Payment 1,205,000 - 1,205,000 1,205,000 - - 100%1,355,000 -11%
2022 GO Debt Payment 1,070,000 - 1,070,000 1,070,000 - - 100%1,020,000 5%
2023 GO Debt Payment 1,340,000 - 1,340,000 1,340,000 - - 100%- 0%
2024 GO Debt Payment 1,035,000 - 1,035,000 1,035,000 - - 100%2,100,000 -51%
2025 GO Debt Payment 3,150,000 - 3,150,000 3,150,000 - - 100%- 0%
Bond Interest Expense 8,506,816 - 8,506,816 4,346,633 - 4,160,183 51%4,078,331 7%
Total Expenditures 21,165,328$ -$ 21,165,328$ 17,538,144$ -$ 3,627,183$ 83%13,164,761$ 33%
REVENUE OVER (UNDER) EXPENDITURES (221,124)$ -$ (221,124)$ 3,207,961$ 5,004,384$
Beginning Fund Balance October 1 1,335,683 1,335,683 1,245,232
Ending Fund Balance Current Month 1,114,559$ 4,543,644$ 6,249,616$
Notes
1 Property taxes are billed in October and the majority of collections occur December through February. Capital Dedicated transfers do not effect Debt Service Fund.
2 Annual debt service payments are made in February and August.
3 Redemption of the remaining $550,000 completed in November 2025.
4 Recalculation refunds greater than delinquent payments.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
DEBT SERVICE FUND
8 Page 23
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 233,728$
East Thoroughfare Other Revenue - - - -
Interest Income 100,000 - 100,000 42,279
Total Revenues 1,300,000$ -$ 1,300,000$ 276,007$
EXPENDITURES
Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$
Developer Refund (from PY)-$ -$ -$ -$ 251,734$
Total Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ 251,734$ -$ 250,000$ -$ 250,000$
Transfer to Capital Project Fund 2,400,000$ 2,400,000$ -$ 2,400,000$ 2,400,000$ -$ -$
Total Transfers Out 2,400,000$ 2,400,000$ -$ 2,400,000$ 2,400,000$ -$ -$ -$ -$
Total Expenditures 2,650,000$ 2,650,000$ -$ 2,650,000$ 2,651,734$ -$ 250,000$ -$ 250,000$
REVENUE OVER (UNDER) EXPENDITURES (1,350,000)$ (2,375,727)$
Beginning Fund Balance October 1 2,212,875 2,212,875
Ending Fund Balance Current Month 862,875$ (162,852)$ 1
Notes
1 Anticipated revenue expected to correct negative fund balance caused by CIP transfer. If revenues are not sufficient, transfer will be adjusted to zero out fund balance.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
EAST THOROUGHFARE IMPACT FEES FUND
9 Page 24
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
West Thoroughfare Impact Fees 4,500,000$ -$ 4,500,000$ 1,462,582$
West Thoroughfare Other Revenue - - - -
Interest Income 200,000 - 200,000 112,834
Total Revenues 4,700,000$ -$ 4,700,000$ 1,575,415$
EXPENDITURES
Developer Reimbursements
Pk Place, Prosper Hills, Prosper Meadow 4,014,469$ 900,000$ -$ 900,000$ -$ -$ 900,000$ 125,492$ 3,888,977$
Parks @ Legacy 6,729,293 - - - 407,173 - (407,173) 6,322,119 -
Star Trail Developer Reimb 6,872,624 - - - - - - 6,872,624 -
Legacy Garden Developer Reimb 3,407,300 - - - - - - 511,737 2,895,563
DNT Frontier Retail 2,154,348 600,000 - 600,000 - - 600,000 1,343,841 810,507
Total Developer Reimbursements 23,178,034$ 1,500,000$ -$ 1,500,000$ 407,173$ -$ 1,092,827$ 15,175,814$ 7,595,047$
Transfer to Capital Project Fund 3,000,000$ 3,000,000$ -$ 3,000,000$ 3,000,000$ -$ -$ -$
Total Transfers Out 3,000,000$ 3,000,000$ -$ 3,000,000$ 3,000,000$ -$ -$ -$ -$
Total Expenditures 26,828,034$ 4,500,000$ -$ 4,500,000$ 3,407,173$ -$ 1,092,827$ 15,175,814$ 8,245,047$
REVENUE OVER (UNDER) EXPENDITURES 200,000$ (1,831,758)$
Beginning Fund Balance October 1 6,079,635 6,079,635
Ending Fund Balance Current Month 6,279,635$ 4,247,877$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
WEST THOROUGHFARE IMPACT FEES FUND
10 Page 25
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Water 3,250,000$ -$ 3,250,000$ 835,628$
Interest Income 200,000 - 200,000 137,895
Total Revenues 3,450,000$ -$ 3,450,000$ 973,523$
EXPENDITURES
Developer Reimbursements
DNT Frontier Retail 343,542$ 200,000$ -$ 200,000$ - -$ 200,000$ 54,252$ 289,290$
Star Trail 3,200,733 500,000 - 500,000 - - 500,000 3,200,733 -
Victory at Frontier 209,392 68,031 - 68,031 - - 68,031 168,869 40,523
Pk Place, Prosper Hills, Prosper Meadow 1,406,859 1,022,502 - 1,022,502 - - 1,022,502 - 1,406,859
Total Developer Reimbursements 5,160,526$ 1,790,533$ -$ 1,790,533$ -$ -$ 1,790,533$ 3,423,854$ 1,736,672$
Transfer to Capital Project Fund -$ 4,300,000$ -$ 4,300,000$ 4,300,000$ -$ -$ -$
Total Transfers Out -$ 4,300,000$ -$ 4,300,000$ 4,300,000$ -$ -$ -$ -$
Total Expenditures 5,160,526$ 6,090,533$ -$ 6,090,533$ 4,300,000$ -$ 1,790,533$ 3,423,854$ 1,736,672$
REVENUE OVER (UNDER) EXPENDITURES (2,640,533)$ (3,326,477)$
Beginning Fund Balance October 1 7,728,595 7,728,595
Ending Fund Balance Current Month 5,088,062$ 4,402,118$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
WATER IMPACT FEES FUND
11 Page 26
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 416,762$
Interest Income 100,000 - 100,000 45,488
Upper Trinity Equity Fee 300,000 - 300,000 58,500
Total Revenues 2,400,000$ -$ 2,400,000$ 520,750$
EXPENDITURES
Developer Reimbursements
LaCima Developer Reimb 707,235$ 308,726$ -$ 308,726$ -$ -$ 308,726$ 414,818$ 292,417$
All Storage Developer Reimb 454,900 150,000 - 150,000 - - 150,000 54,180 400,720
Pk Place, Prosper Hills, Prosper Meadow 186,169 100,000 - 100,000 - - 100,000 - 186,169
Total Developer Reimbursements 1,348,304$ 558,726$ -$ 558,726$ -$ -$ 558,726$ 468,998$ 879,306$
Transfer to Capital Project Fund 2,568,378$ 2,568,378$ -$ 2,568,378$ 2,568,378$ -$ -$ -$ -$
Total Transfers Out 2,568,378$ 2,568,378$ -$ 2,568,378$ 2,568,378$ -$ -$ -$ -$
Total Expenditures 3,916,682$ 3,127,104$ -$ 3,127,104$ 2,568,378$ -$ 558,726$ 468,998$ 879,306$
REVENUE OVER (UNDER) EXPENDITURES (727,104)$ (2,047,628)$
Beginning Fund Balance October 1 2,463,452 2,463,452
Ending Fund Balance Current Month 1,736,348$ 415,824$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
WASTEWATER IMPACT FEES FUND
12 Page 27
Item 6.
EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER
ANNUAL BUDGET $1,200,000 4,500,000 $3,250,000 $2,000,000
YTD ACTUAL $233,728 $1,462,582 $835,628 $416,762
% OF BUDGET 19%33%26%21%
19%
33%
26%
21%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
IMPACT FEE REVENUE
YTD Actual to Annual Budget
13 Page 28
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
Water Impact Fees 50,000$ -$ 50,000$ 106,986$ (56,986)$ 214%54,253$ 97%
Wastewater Impact Fees 700,000 - 700,000 191,896 508,104 27%198,787 -3%
East Thoroughfare Impact Fees 50,000 - 50,000 91,780 (41,780) 184%32,573 182%
Property Taxes - Town (Current)1,376,961 - 1,376,961 - 1,376,961 0%1 - 0%
Property Taxes - Town (Rollback)- - - - - 0%1 - 0%
Property Taxes - County (Current)295,022 - 295,022 - 295,022 0%1 - 0%
Sales Taxes - Town 1,386,765 - 1,386,765 580,000 806,765 42%552,254 5%
Sales Taxes - EDC 1,161,416 - 1,161,416 485,750 675,666 42%462,513 5%
Interest Income 50,000 - 50,000 36,418 13,582 73%49,634 -27%
Transfer In - - - - - 0%- 0%
Total Revenue 5,070,164$ -$ 5,070,164$ 1,492,830$ 3,577,334$ 29%1,350,014$ 11%
EXPENDITURES
Professional Services 3,000$ -$ 3,000$ -$ 3,000$ 0%-$ 0%
Developer Reimbursement 6,480,373 - 6,480,373 - 6,480,373 0%- 0%
Transfers Out - - - - - 0%- 0%
Total Expenses 6,483,373$ -$ 6,483,373$ -$ 6,483,373$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES (1,413,209)$ 1,492,830$ 1,350,014$
Beginning Fund Balance October 1 2,004,259 2,004,259 2,542,101
Ending Fund Balance Current Month 591,050$ 3,497,089$ 3,892,115$
Notes
1 Property tax documentation typically received in March to make transfer.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
TIRZ #1 - BLUE STAR
14 Page 29
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes - Town (Current)151,173$ -$ 151,173$ -$ 151,173$ 0%1 -$ 0%
Property Taxes - Town (Rollback)- - - - - 0%1 - 0%
Property Taxes - County (Current)9,285 - 9,285 - 9,285 0%1 - 0%
Sales Taxes - Town 2,200 - 2,200 504 1,696 23%456 10%
Sales Taxes - EDC 2,200 - 2,200 504 1,696 23%456 10%
Interest Income 1,500 - 1,500 676 824 45%443 53%
Total Revenue 166,358$ -$ 166,358$ 1,684$ 164,674$ 1%1,356$ 24%
EXPENDITURES
Professional Services -$ -$ -$ -$ -$ 0%-$ 0%
Developer Reimbursement 184,122 - 184,122 - 184,122 0%- 0%
Transfers Out - - - - - 0%- 0%
Total Expenditures 184,122$ -$ 184,122$ -$ 184,122$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES (17,764)$ 1,684$ 1,356$
Beginning Fund Balance October 1 41,205 41,205 25,751
Ending Fund Balance Current Month 23,441$ 42,889$ 27,107$
Notes
1 Property tax documentation typically received in March to make transfer.
TIRZ #2
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
15 Page 30
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 3,426,536$ -$ 3,426,536$ 1,442,310$ -$ 1,984,226$ 42%1,366,278$ 6%
Interest Income 1,200 - 1,200 525 - 675 44%2,130 -75%
Other - - - - - - 0%- 0%
Total Revenue 3,427,736$ -$ 3,427,736$ 1,442,835$ -$ 1,984,901$ 42%1,368,408$ 5%
EXPENDITURES
Personnel -$ -$ -$ -$ -$ -$ 0%946,371$ -100%
Other 1,200 - 1,200 - - 1,200 0%715 -100%
Transfer Out 3,426,536 - 3,426,536 1,442,310 - 1,984,226 42%1 - 0%
Total Expenditures 3,427,736$ -$ 3,427,736$ 1,442,310$ -$ 1,985,426$ 42%947,086$ -200%
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 525$ 421,322$
Beginning Fund Balance October 1 97,422 97,422 398,065
Ending Fund Balance Current Month 97,422$ 97,947$ 819,387$
Notes
1 Payroll costs will be tranferred monthly.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT
16 Page 31
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 3,460,319$ -$ 3,460,319$ 1,441,378$ -$ 2,018,941$ 42%1,363,892$ 6%
Interest Income 600 - 600 560 - 40 93%444 26%
Other - - - - - - 0%- 0%
Total Revenue 3,460,919$ -$ 3,460,919$ 1,441,938$ -$ 2,018,981$ 42%1,364,335$ 6%
EXPENDITURES
Personnel -$ -$ -$ -$ -$ -$ 0%1,164,545$ -100%
Other 2,400 - 2,400 - - 2,400 0%715 -100%
Transfer Out 3,458,519 - 3,458,519 1,441,378 - 2,017,141 42%1 - 0%
Total Expenditures 3,460,919$ -$ 3,460,919$ 1,441,378$ -$ 2,019,541$ 42%1,165,260$ -200%
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 560$ 199,075$
Beginning Fund Balance October 1 75,732 75,732 382,940
Ending Fund Balance Current Month 75,732$ 76,292$ 582,015$
Notes
1 Payroll costs will be tranferred monthly.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT
17 Page 32
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Park Dedication Fees 1,550,000$ -$ 1,550,000$ -$ -$ 1,550,000$ 0%-$ 0%
Park Improvement Fees 800,000 - 800,000 4,500 - 795,500 1%640,000 -99%
Interest - Park Dedication 20,000 - 20,000 23,573 - (3,573) 118%20,006 18%
Interest - Park Improvement 20,000 - 20,000 15,738 - 4,262 79%6,848 130%
Contributions/Grants - - - - - - 0%- 0%
Transfers In - - - - - - 0%- 0%
Total Revenue 2,390,000$ -$ 2,390,000$ 43,811$ -$ 2,346,189$ 2%666,854$ -93%
EXPENDITURES
Transfers Out - Park Dedication 1,400,000$ -$ 1,400,000$ 1,400,000$ -$ -$ 100%-$ 0%
Park Dedication - - - - - - 0%- 0%
Transfers Out - Park Improvement 750,000 - 750,000 750,000 - - 100%- 0%
Park Improvement - - - - - - 0%- 0%
Total Expenditures 2,150,000$ -$ 2,150,000$ 2,150,000$ -$ -$ 100%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES 240,000$ -$ 240,000$ (2,106,189)$ 666,854$
Beginning Fund Balance October 1 2,379,093 2,379,093 1,232,390
Ending Fund Balance Current Month 2,619,093$ 272,904$ 1,899,244$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
PARK DEDICATION AND IMPROVEMENT FUND
18 Page 33
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Interest Income 31,550$ -$ 31,550$ 22,736$ -$ 8,814$ 72%139,866$ -84%
Police Donation Revenue 15,500 - 15,500 8,332 - 7,168 54%9,755 -15%
Cash Seizure Forfeiture - - - 41,901 - (41,901) 0%2,613 1503%
Fire Donation Revenue 15,500 - 15,500 7,410 - 8,090 48%6,812 9%
Child Safety Revenue 28,000 - 28,000 - - 28,000 0%9,485 -100%
Court Technology/Security Revenue 16,723 - 16,723 14,488 - 2,235 87%12,101 20%
Municipal Jury revenue 170 - 170 163 - 7 96%135 21%
Tree Mitigation 300,000 - 300,000 156,595 - 143,406 52%14,805 958%
Escrow Income - - - - - - 0%- 0%
LEOSE Revenue 3,000 - 3,000 - - 3,000 0%4,626 -100%
60-A Inspection Revenue - - - 3,080 - (3,080) 0%- 0%
Transfer In - - - - - - 0%- 0%
Total Revenue 410,443$ -$ 410,443$ 254,703$ -$ 155,740$ 62%200,198$ 27%
EXPENDITURES
Police Donation Expense 25,000$ -$ 25,000$ 12,367$ 580$ 12,053$ 52%3,851$ 221%
Police Seizure Expense 23,000 - 23,000 7,278 - 15,722 32%500 1356%
Fire Donation Expense 10,000 - 10,000 599 - 9,401 6%33,399 -98%
Child Safety Expense 80,000 - 80,000 4,677 - 75,323 6%- 0%
Court Technology/Security Expense 25,060 - 25,060 - - 25,060 0%- 0%
Tree Mitigation Expense - - - - - - 0%- 0%
LEOSE Expense 10,000 - 10,000 - - 10,000 0%- 0%
60-A Inspection Expense - - - - - - 0%- 0%
Transfer Out (Escrow Funds)- - - - - - 0%- 0%
Transfer Out (Tree Mitigation)850,000 - 850,000 850,000 - - 100%- 0%
Total Expenses 1,023,060$ -$ 1,023,060$ 874,921$ 580$ 147,559$ 86%37,750$ 2218%
REVENUE OVER (UNDER) EXPENDITURES (612,617)$ -$ (612,617)$ (620,217)$ 162,448$
Beginning Fund Balance October 1 1,359,045 1,359,045 2,356,265
Ending Fund Balance Current Month 746,428$ 738,828$ 2,518,713$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
SPECIAL REVENUE FUNDS
19 Page 34
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Hotel Occupancy Tax 302,675$ -$ 302,675$ 30,524$ -$ 272,151$ 10%-$ 0%
Interest Income 2,000 - 2,000 58 - 1,942 3%- 0%
Other - - - - - - 0%- 0%
Total Revenue 304,675$ -$ 304,675$ 30,582$ -$ 274,093$ 10%-$ 0%
EXPENDITURES
Personnel -$ -$ -$ -$ -$ -$ 0%-$ 0%
Hotel Occupancy Tax Rebate 100,892 - 100,892 - - 100,892 0%- 0%
Other - - - - - - 0%- 0%
Total Expenditures 100,892$ -$ 100,892$ -$ -$ 100,892$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES 203,783$ -$ 203,783$ 30,582$ -$
Beginning Fund Balance October 1 - - -
Ending Fund Balance Current Month 203,783$ 30,582$ -$
Notes
*Holiday Inn Express opened November 13, 2025.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
HOTEL OCCUPANCY TAX FUND
20 Page 35
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Water Charges for Services 27,821,398$ -$ 27,821,398$ 8,509,024$ -$ 19,312,374$ 31%3 7,885,119$ 8%
Sewer Charges for Services 18,074,593 - 18,074,593 6,766,161 - 11,308,432 37%3 5,537,667 22%
Licenses, Fees & Permits 193,000 - 193,000 76,205 - 116,795 39%5 196,374 -61%
Utility Billing Penalties 205,500 - 205,500 103,472 - 102,028 50%118,456 -13%
Interest Income 350,000 - 350,000 173,149 - 176,851 49%232,811 -26%
Other 691,700 - 691,700 317,198 - 374,502 46%300,001 6%
Transfer In - - - - - - 0 - 0%
Total Revenues 47,336,191$ -$ 47,336,191$ 15,945,210$ -$ 31,390,981$ 34%14,270,428$ 12%
EXPENDITURES
Administration 996,176$ -$ 996,176$ 661,224$ 68,377$ 266,575$ 73%2,4 700,289$ -6%
Debt Service 8,313,546 - 8,313,546 3,614,477 - 4,699,069 43%1 2,853,209 27%
Water Purchases 15,819,798 - 15,819,798 4,997,327 - 10,822,471 32%5,562,191 -10%
Wastewater Treatment Fees 6,035,065 - 6,035,065 1,991,014 - 4,044,051 33%2,654,166 -25%
Franchise Fee 2,172,380 - 2,172,380 818,339 - 1,354,041 38%473,689 73%
Public Works 10,776,413 - 10,776,413 3,796,754 549,667 6,429,992 40%3,612,150 5%
Transfer Out 1,829,753 - 1,829,753 762,397 - 1,067,356 42%550,292 39%
Total Expenses 45,943,131$ -$ 45,943,131$ 16,641,534$ 618,043$ 28,683,554$ 38%16,405,985$ 1%
REVENUE OVER (UNDER) EXPENDITURES 1,393,060$ -$ 1,393,060$ (696,324)$ (2,135,557)$
Beginning Working Capital October 1 9,120,375 9,120,375 12,212,476
*Ending Working Capital 10,513,435$ 8,424,051$ 10,076,919$
Notes
1 Annual debt service payments are made in February and August.
2 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months.
3 Charges for services are low in the winter months and peak in summer causing revenues to show lower than expected in the early months of the fiscal year.
4 Property and Liablility insurance paid early in the fiscal year causing higher than expected YTD percentages.
5 Down from prior year due to change in processing for credit card fees.
*Minimum Ending Working Capital balance for FY26 = $10,637,474 (25%).
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
WATER-SEWER FUND
21 Page 36
Item 6.
Growth %
WATER SEWER WATER SEWER Change
# of Accts Residential 14,299 13,604 13,724 13,028 4.38%575
# of Accts Commercial 544 507 481 435 12.33%63
Consumption-Residential 106,120,740 93,215,458 83,565,180 88,477,270 16.03%
Consumption-Commercial 24,012,430 19,906,010 20,836,640 16,991,920 30.34%
Consumption-Commercial Irrigation 6,523,270 2,694,540 56.49%
Avg Total Res Water Consumption 7,417 6,090 21.14%
Billed ($) Residential 874,130$ 1,123,987$ 686,184$ 930,203$ 24.12%
Billed ($) Commercial 208,181$ 249,794$ 222,242$ 179,788$ 28.14%
Billed ($) Commercial Irrigation 66,298$ 28,378$ 133.63%
Total Billed ($)1,255,729$ 1,357,257$ 972,951$ 1,095,338$ 26.34%
Five Year Cumulative
Month Avg. Temp (°F)# Rain Days Rainfall (in)Avg. Temp (°F)# Rain Days Rainfall (in)Month FY2026 FY2025 Average Average
October 73°4 3.05 75°1 0.41 October 15,618 17,490 17,477 17,477
November 63°7 4.1 61°9 4.09 November 12,738 14,260 11,974 29,450
December 54°2 0.03 61°13 5.91 December 8,559 9,080 7,760 37,211
January 47°3 1.8 43°6 5.94 January 7,680 6,340 6,932 44,142
February 60°2 1.71 49°10 2.12 February 7,417 6,090 6,344 50,487
March 64°7 1.31 March 6,308 6,631 57,117
April 69°10 4.65 April 10,638 9,897 67,014
May 74°10 6.07 May 11,310 11,332 78,347
June 82°6 3.09 June 13,536 11,912 90,259
July 85°11 2.58 July 15,430 18,548 108,806
August 85°4 2.97 August 19,802 22,581 131,387
September 81°6 3.08 September 18,840 20,443 151,830
Annual 18 10.69 93 42.22 TOTAL (gal)52,012 149,124 151,830
Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2025-11
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.67%
WATER-SEWER FUND
Average Total Residential Water Consumption by Month
FY2026 FY2025
Feb-26 Feb-25
22 Page 37
Item 6.
31%
37%39%
50%49%
46%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
WATER SEWER FUND
REVENUE YTD % OF ANNUAL BUDGET
23 Page 38
Item 6.
$8,509,024
$4,997,327
$7,885,119
$5,562,191
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
Water Charges for Services Water Purchases
WATER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year Prior Year
24 Page 39
Item 6.
$6,766,161
$1,991,014
$5,537,667
$2,654,166
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
Sewer Charges for Services Wastewater Treatment Fees
SEWER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year Prior Year
Due to the timing of payments, prior year Sewer Management Fees were paid in Nov-2024
25 Page 40
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
45-4 Storm Drainage Utility Fee 1,726,111$ -$ 1,726,111$ 589,806$ -$ 1,136,305$ 34%3 405,204$ 46%
Drainage Review Fee 25,000 - 25,000 6,100 - 18,900 24%- 0%
45-4 Interest Income 8,000 - 8,000 6,169 - 1,831 77%4,493 37%
Other Revenue - - - 25,350 - (25,350) 0%- 0%
Transfer In - - - - - - 0%- 0%
Total Revenue 1,759,111$ -$ 1,759,111$ 627,425$ -$ 1,131,686$ 36%409,698$ 53%
EXPENDITURES
Administration 558,690$ -$ 558,690$ 175,160$ -$ 383,530$ 31%160,521$ 9%
Debt Service 220,338 - 220,338 151,331 - 69,007 69%2 133,388 13%
45-7 Operating Expenditures 119,546 (990) 118,556 20,857 996 96,703 18%9,375 122%
Capital 267,374 - 267,374 - - 267,374 0%- 0%
Transfers Out 229,954 - 229,954 212,481 - 17,473 92%1 65,832 223%
Total Expenses 1,395,902$ (990)$ 1,394,912$ 559,829$ 996$ 834,087$ 40%369,116$ 52%
REVENUE OVER (UNDER) EXPENDITURES 363,209$ 990$ 364,199$ 67,596$ 40,582$
Beginning Working Capital October 1 342,877 342,877 251,393
Ending Working Capital Current Month 707,076$ 410,473$ 291,975$
Notes
1 Capital project funds are transferred as needed; General fund transfers are made monthly.
2 Annual debt service payments are made in February and August.
3 Stormwater fees raised for FY2026.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
STORMWATER DRAINAGE UTILITY FUND
26 Page 41
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sanitation Charges for Services 3,938,626$ -$ 3,938,626$ 1,703,250$ -$ 2,235,376$ 43%2 1,409,269$ 21%
Interest Income 3,500 - 3,500 4,390 - (890) 125%2,699 63%
Transfer In - - - - - - 0%- 0%
Total Revenues 3,942,126$ -$ 3,942,126$ 1,707,640$ -$ 2,234,486$ 43%1,411,968$ 21%
EXPENDITURES
Administration 75,588$ (30,000)$ 45,588$ 24,952$ -$ 20,636$ 55%25,175$ -1%
Sanitation Collection 3,445,196 - 3,445,196 1,195,695 2,249,501 - 100%1 924,237 29%
Capital Expenditure - - - - - - 0%- 0%
Debt Service 257,501 - 257,501 107,292 - 150,209 42%107,292 0%
Transfer Out 195,951 30,000 225,951 69,146 - 156,805 31%- 0%
Total Expenses 3,974,236$ -$ 3,974,236$ 1,397,085$ 2,249,501$ 327,650$ 92%1,056,704$ 32%
REVENUE OVER (UNDER) EXPENDITURES (32,110)$ -$ (32,110)$ 310,556$ 355,264$
Beginning Working Capital October 1 278,792 278,792 52,403
Ending Working Capital 246,682$ 589,348$ 407,667$
Notes
1 Full trash collection budget encumbered. Actual YTD spend is under expected percentage.
2 Town adopted a weekly bulk service pickup in February 2025.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
SOLID WASTE FUND
27 Page 42
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Charges for Services 1,566,797$ 5,267$ 1,572,064$ 655,027$ -$ 917,037$ 42%655,027$ 0%
Grant Revenue - - - - - - 0%- 0%
Other Reimbursements - - - 57,400 - (57,400) 0%- 0%
Interest Income 250,000 - 250,000 66,378 - 183,622 27%103,003 -36%
Auction Proceeds 150,000 - 150,000 7,750 - 142,250 5%107,500 -93%
Total Revenue 1,966,797$ 5,267$ 1,972,064$ 786,555$ -$ 1,185,509$ 73%865,529$ -128%
EXPENDITURES
Vehicle Replacement 1,972,462$ 400$ 1,972,862$ 138,197$ 6,418,124$ (4,583,459)$ 332%1, 2 331,968$ -58%
Equipment Replacement 77,706 1,089,094 1,166,800 684,990 123,444 358,366 69%1 128,928 431%
Technology Replacement 1,089,094 (1,089,094) - - - - 0%- 0%
Total Expenditures 3,139,262$ 400$ 3,139,662$ 823,186$ 6,541,568$ (4,225,092)$ 235%460,896$ 79%
REVENUE OVER (UNDER) EXPENDITURES (1,172,465)$ 4,867$ (1,167,598)$ (36,632)$ 404,633$
Beginning Fund Balance October 1 17,159,865 17,159,865 6,055,897
Ending Fund Balance Current Month 15,992,267$ 17,123,233$ 6,460,530$
Notes
1 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months.
2 Encumbrances include $4,861,328 of fire equipment on order but not expected until FY27 or later.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
VEHICLE AND EQUIPMENT REPLACEMENT FUND
28 Page 43
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Health Charges 7,231,912$ -$ 7,231,912$ 2,227,384$ -$ 5,004,528$ 31%1 2,171,988$ 3%
Cobra and Stop Loss Reimbursements 300,000 - 300,000 240,863 - 59,137 80%2 200,941 20%
Interest Income 20,000 - 20,000 1,836 - 18,164 9%2,876 -36%
Transfers In 710,000 - 710,000 - - 710,000 0%
Total Revenue 8,261,912$ -$ 8,261,912$ 2,470,082$ -$ 5,791,830$ 30%2,375,805$ 4%
EXPENDITURES
Contractual Services 133,911$ -$ 133,911$ 52,378$ 8,000$ 73,533$ 45%41,119$ 27%
Employee Health Insurance/Claims 8,371,480 - 8,371,480 2,744,357 - 5,627,123 33%3,098,649 -11%
Total Expenditures 8,505,391$ -$ 8,505,391$ 2,796,736$ 8,000$ 5,700,655$ 33%3,139,768$ -11%
REVENUE OVER (UNDER) EXPENDITURES (243,479)$ -$ (243,479)$ (326,653)$ (763,964)$
Beginning Fund Balance October 1 65,965 65,965 148,135
Ending Fund Balance Current Month (177,514)$ (260,688)$ (615,829)$
Notes
1 Health Chrages expected to increase later in the FY. New plan year starts January 2026. Additional staff bugeted February 2026.
2 Stop loss reimbursements are received after health claims are paid.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
Expected Year to Date Percent 41.7%
HEALTH INSURANCE FUND
29 Page 44
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
REVENUES
Property Taxes - Capital Dedicated 10,500,000$ (10,500,000)$ -$ 10,500,000$
Contributions/Interlocal Revenue 3,600,000 - 3,600,000 400,000
Bond Proceeds - 2026 GO Bonds 23,297,062 - 23,297,062 -
Interest Income 3,000,000 - 3,000,000 1,373,369
Transfers In - Impact Fee Funds 5,500,000 - 5,500,000 5,400,000
Transfers In - Tree Mitigation 850,000 - 850,000 850,000
Transfers In - Park Dedication/Improvement 2,150,000 - 2,150,000 2,150,000
Grants - - - 547,284
Other Revenue - - - 7,287
Transfers In - - - -
Total Revenues 48,897,062$ (10,500,000)$ 38,397,062$ 21,227,941$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
GOVERNMENTAL CAPITAL PROJECTS FUND
30 Page 45
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
GOVERNMENTAL CAPITAL PROJECTS FUND
EXPENDITURES
Street & Traffic Projects
Street Projects
First Street (DNT - Coleman)24,758,067$ -$ -$ 24,758,067$ 49,718$ 20,868,629$ 3,466,462$ 373,258$
Coit Road (First-Frontier)27,789,900 - (6,881,407) 20,908,493 2,089,276 8,896,553 2,286,547 7,636,117
DNT Main Lane (US 380 - FM 428)7,671,186 - - 7,671,186 2,557,062 - 5,114,123 1
Fishtrap (Elem-DNT)32,230,732 - (22,051) 32,208,681 75,549 506,089 31,499,530 127,512
Teel (US380 Intersection Improv.)- - 493,527 493,527 493,527 - - -
First Street (Coit-Custer) 4 Lanes 26,563,812 - - 26,563,812 210 - 26,372,036 191,567
Preston Road / First Street Dual Le 900,000 - - 900,000 - 22,077 71,523 806,400
Craig Street (Preston - Fifth)750,000 4,400,000 - 5,150,000 37,665 32,393 719,042 4,360,900
Coleman (Gorgeous - Talon)4,022,596 15,500,000 1 19,522,597 141,921 185,745 2,847,712 16,347,219
Legacy (Prairie - Fishtrap) - 4 lan 10,000,000 - 171,519 10,171,519 - - 10,171,519 -
Teel Parkway (US 380 - Fishtrap Rd)6,040,289 - 26,212 6,066,501 1,237 9,161 6,056,103 -
Coit Road / US 380 SB Dual Left Tur 27,917 - - 27,917 2,064 - 23,986 1,867
Parvin (FM 1385 - Legacy)500,000 - - 500,000 - - 500,000 -
Street Impact Fee Analysis 105,627 - - 105,627 1,750 - 57,110 46,766
US 380 Deceleration Lanes - Denton 500,000 - - 500,000 - - 43,600 456,400
Safety Way (Cook - Technology)800,000 - - 800,000 - - 454,085 345,915
Gorgeous/McKinley 700,000 - - 700,000 15,000 - 608,940 76,060
First Street (Coleman - Craig)2,500,000 - - 2,500,000 5,000 58,489 516,408 1,920,103
Gee Road (US 380 - FM 1385) - 2 NB 3,900,000 1,100,000 - 5,000,000 36,337 114,515 1,590,688 3,258,460
Frontier Parkway (Legacy - DNT)300,000 - - 300,000 - - 300,000 -
Star Trail, Phase 5: Street Repairs 1,450,000 - - 1,450,000 - 300,000 - 1,150,000
Prosper Trail (Coit - Custer) - 2 W 1,400,000 - - 1,400,000 63,559 121,263 578,178 637,000
Windsong Parkway/US 380 Dual Left T 152,620 - - 152,620 - - 73,318 79,302
Legacy Drive (Prosper Tr. to P - - 10,000 10,000 - - 167 9,833
Coleman St (First-Georgeous)660,000 - - 660,000 - 278,698 381,902 (600)
Teel Parkway (First-Freeman)855,510 - 26,690 882,200 - 262,357 619,844 -
Legacy (First St. - Prosper Tr 200,000 - - 200,000 134,800 - - 65,200
Legacy (First St. - Prosper Tr 550,000 - - 550,000 - - - 550,000
Prosper Trail (Legacy - DNT)1,200,000 - - 1,200,000 157,164 576,530 260,306 206,000
Roundabout Peer Review and Tho 28,500 - - 28,500 - 4,463 24,038 -
West Gorgeous (McKinley-Colema 230,000 - - 230,000 17,889 120,979 84,128 7,004
Godwin Parkway (DNT - BNSF RR)- 2,000,000 - 2,000,000 1,000,000 - - 1,000,000
Whitley Place/First St. - Open Spac - 250,000 - 250,000 - - - 250,000
Unprogrammed Future Projects 522,874 - (66,187) 456,687 - - - 456,687
31 Page 46
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
GOVERNMENTAL CAPITAL PROJECTS FUND
Street & Traffic Projects
Traffic Projects
Fifth Street Quiet Zone 500,000 - - 500,000 - - - 500,000
Traffic Signal - Fishtrap & Artesia 525,000 140,000 - 665,000 1,305 6,707 323,079 333,909
Median Lighting US 380 (Mahard-Love 300,000 - - 300,000 - - - 300,000
Traffic Signal - DNT/Frontier 281,500 - - 281,500 - 56,637 213,560 11,303
Traffic Signal - Teel Pkway & Prair 525,000 140,000 (1,280) 663,720 - 533,332 39,304 91,084
Traffic Signal Acacia Parkway/Gee R 667,573 - - 667,573 15,780 5,400 645,373 1,020
Traffic Signal First Street/Legacy 992,259 - 50,780 1,043,039 128,212 666,599 246,948 1,280
Opticom Repair/Installation 85,000 - - 85,000 - 6,960 75,597 2,443
Gee/Lockwood Pedestrian Hybrid 357,113 - - 357,113 115,049 121,394 113,650 7,020
First/Copper Canyon Pedestrian 331,054 - - 331,054 115,049 98,858 108,867 8,280
First/Chaucer Pedestrian Hybri 316,374 - - 316,374 115,049 86,377 106,658 8,290
Tr. Signal (Denton-Fishtrap)390,428 - - 390,428 - - 377,974 12,454
Traffic Improvement Projects (767,160 1,500,000 (232,500) 2,034,660 5,655 - - 2,029,005
Traffic Signal Comunications P 495,000 - - 495,000 - - - 495,000
Traffic Signal - Legacy & Prai 525,000 140,000 (49,500) 615,500 - - - 615,500
School Zone Flashers 140,544 - - 140,544 - - 140,544 -
Traffic Equipment 15,928 - - 15,928 - - 15,928 -
Crosswalk Development Projects 140,000 - - 140,000 57,839 5,101 62,984 14,076
Traffic Signal - Legacy & Prosper T - 85,000 (24,750) 60,250 - - - 60,250
Traffic Signal - Legacy & Starwood - 85,000 (24,750) 60,250 - - - 60,250
Traffic Signal Warrant Studies - 85,000 (35,500) 49,500 - 49,500 - -
Total Street & Traffic Projects 164,664,563$ 25,425,000$ (6,559,196)$ 183,530,365$ 7,433,666$ 33,994,805$ 97,191,761$ 44,910,135$
32 Page 47
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
GOVERNMENTAL CAPITAL PROJECTS FUND
Park Projects
Neighborhood Park
Windsong Park #3 350,000$ -$ -$ 350,000$ 307,824$ -$ -$ 42,176$
Lakewood Preserve, Phase 2 5,587,255 - (1) 5,587,255 8,889 5,499 5,563,948 8,919
Downtown Park (Broadway/Parvin)1,158,240 200,000 (127,000) 1,231,240 4,085 562,077 99,058 566,020
Raymond Community Park Dam Repair - 350,000 - 350,000 - 101,000 - 249,000
Playground Shade Structures - Lakew - 200,000 - 200,000 - - - 200,000
Security Cameras - Raymond Communit - 250,000 - 250,000 - - - 250,000
Pecan Grove & Whitley Place HOA Irr - 125,000 - 125,000 - - - 125,000
Mirabella Park (Tellus)- 500,000 - 500,000 - - - 500,000
Creekside Park (Shaddock)- 445,000 - 445,000 - - - 445,000
Trails
Doe Branch Trail Connections 1,684,000 - - 1,684,000 160,688 280,066 124,111 1,119,134
Downtown Improvements
Downtown Improvements 329,383 - 9,930 339,313 86,909 10,587 239,166 2,650
Downtown Monumentation 164,700 - 40,531 205,231 7,627 33,264 164,341 -
Downtown Monumentation, Broadway &370,000 255,000 (21,293) 603,707 - 603,707 - -
Prosper Parking Lot and Alley Impro 552,500 - (23,168) 529,332 555 419,681 100,550 8,546
Community Park
Raymond Community Park 24,787,000 128,000 390,000 25,305,000 3,617,650 2,264,669 17,375,181 2,047,500
Raymond Comm. Park, Trail/Brid 916,802 - - 916,802 - 916,535 - 267
Froniter Park Pond Repairs 473,000 - - 473,000 - 33,768 420,123 19,109
Frontier Park Concrete Repairs 120,000 - - 120,000 - - - 120,000
Parks & Recreation Admin Facil 80,000 - - 80,000 - - 72,803 7,197
Doe Branch Property Masterplan 140,000 - - 140,000 30,150 21,750 82,700 5,400
Dream Park - 3,000,000 - 3,000,000 504 2,057,990 - 941,506
Playgr. Shade Struct.-Pecan Gr 160,000 - - 160,000 - - 158,923 1,077
Median/ Landscape Screening
US 380 Green Ribbon Lndscp- Irrigat 2,295,000 - - 2,295,000 - 217,895 1,601,537 475,567
Mahard Medians - 500,000 - 500,000 8,550 41,450 - 450,000
Prairie Medians - 250,000 - 250,000 5,400 44,600 - 200,000
Richland Median Lndscp (Prosper Com - 150,000 - 150,000 - - - 150,000
Prosper Trail Screening (Preston -550,000 - 7,000 557,000 45,739 29,836 472,986 8,439
Parks Master Plan Update 140,000 - - 140,000 - - 132,707 7,293
Unprogrammed Future Projects 400,190 - (333,333) 66,857 - - - 66,857
Total Park Projects 40,258,070$ 6,353,000$ (57,334)$ 46,553,736$ 4,284,570$ 7,644,374$ 26,608,134$ 8,016,657$
33 Page 48
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
GOVERNMENTAL CAPITAL PROJECTS FUND
Facility Projects
Public Safety
Fire Station #4 Design 950,680$ -$ -$ 950,680$ 47,833$ 61,052$ 856,971$ (15,175)$
Fire Station #4 Other Developm 413,422 - - 413,422 6,121 26,611 111,496 269,195
Fire Station #4 Construction 11,610,003 - - 11,610,003 4,105,865 822,292 6,534,244 147,602
Fire Station #4 (FF&E)700,000 - - 700,000 153,325 224,712 - 321,963
Public Safety Fiber Ring 1,000,000 - - 1,000,000 - 76,621 - 923,380
PD Needs Assessment 78,740 - 1 78,741 11,775 - 66,966 -
Town Hall HVAC Unit - - 61,933 61,933 - 61,933 - -
Repairs Fire Station 2 - - 57,429 57,429 57,429 - - -
Central Fire BAS System - - 65,732 65,732 - 65,732 - -
Fire Station 2 BAS System - - 16,435 16,435 7,540 8,895 - -
Fire Station 3 BAS System - - 39,694 39,694 26,140 13,554 - -
Quint Fire Engine (New Central Fire 1,495,000 - 1,495,000 - - 1,469,880 25,120
Ambulance (New Central Fire Station 495,000 - 495,000 - - 487,388 7,612
Fire Engine Station #4 1,250,000 - 1,250,000 - - 1,246,418 3,582
Ambulance Station #4 552,000 - 552,000 - - 551,600 401
Non-Public Safety
Parks & Public Works, Phase 1 5,802,938 5,397,062 8,319,788 19,519,788 118,920 17,572,951 777,468 1,050,449
Finish Out Interior Spaces Town Hal 685,416 - 685,416 260,768 4,922 419,725 -
Library Master Pan 130,000 - 130,000 8,600 5,389 116,011 -
Town Hall Repairs - N. Parking 290,892 - 7,320 298,212 37,746 209,977 50,489 -
Facility Improvement Projects - 300,000 (241,223) 58,777 - - - 58,777
Unprogrammed Future Projects 511,916 - (340,653) 171,263 - - - 171,263
Total Facility Projects 25,966,007$ 5,697,062$ 7,986,456$ 39,649,526$ 4,842,061$ 19,154,641$ 12,688,657$ 2,964,169$
Transfer Out
CIP Salaries - Streets -$ 400,000$ -$ 400,000$ 400,000$ -$ -$ -$
CIP Salaries - Parks - 300,000 - 300,000 300,000 - - -
CIP Salaries - Facilities - 300,000 - 300,000 300,000 - - -
Total Expenditures 230,888,640$ 38,475,062$ 1,369,926$ 270,733,627$ 17,560,296$ 60,793,820$ 136,488,551$ 55,890,961$
REVENUE OVER (UNDER) EXPENDITURES (232,336,565)$ 3,667,644$
Beginning Fund Balance (Restricted for Capital Projects) October 1 82,578,172 82,578,172
Ending Fund Balance (Restricted for Capital Projects) Current Month (149,758,393)$ 86,245,816$
34 Page 49
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Year Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
REVENUES
Interest Income 807,800$ -$ 807,800$ 841,529$
Bond Proceeds 26,538,619 - 26,538,619 -
Grant Revenue - - - -
Transfers In - - - -
Transfers In - Impact Fee Funds 6,868,378 - 6,868,378 6,868,378
Transfers In - Drainage Fund 200,000 - 200,000 200,000
Total Revenues 34,214,797$ -$ 34,214,797$ 7,909,907$
EXPENDITURES
Water Projects
Lower Pressure Plane 42"18,931,100$ -$ (420,550)$ 18,510,550$ -$ -$ 18,510,550$ -$
LPP Water Line Phase, 2A 9,000,000 (1,080,312) 7,919,688 42 - 7,919,646 -
Water Line Relocation-Frontier Park 6,900,000 - - 6,900,000 2,618,018 1,441,658 1,554,570 1,285,753
Parks & Public Works, Phase 1 5,600,000 - 2,395,576 7,995,576 705,785 6,901,784 388,007 -
DNT (Prosper Trail - Frontier Parkw 23,785 - - 23,785 - - 3,585 20,200
Water Impact Fee Analysis 105,627 - - 105,627 - - 105,487 139
DNT Water Line Relocation 37,019 - - 37,019 - - 25,127 11,893
5 MG Ground Storage Tank 8,100,000 5,695,000 - 13,795,000 113,544 172,790 524,677 12,983,990
Craig Street 2 MG EST Rehabili 460,000 2,540,000 - 3,000,000 39,705 255,940 73,305 2,631,050
First Street (DNT - Coleman) - 12"- 2,500,000 - 2,500,000 - 2,500,000 - -
US 380 30-inch Water/8" WW Line Rel - 1,800,000 - 1,800,000 - 1,018,600 - 781,400
Godwin Pkwy Materials - - 261,980 261,980 261,980 - - -
Unprogrammed Future Projects 356,728 - - 356,728 - - - 356,728
Wastewater Projects
Doe Branch Parallel Interceptor 16,253,327 - - 16,253,327 3,750,000 - 3,750,000 8,753,327
Upper Doe Branch WW Line 8,025,000 (1,061,980) 6,963,021 1,230,469 1,129,320 4,573,501 29,731
Sewer Impact Fee Analysis 115,947 - - 115,947 - - 115,807 139
Doe Branch, Phase 3 WWTP 104,946,277 - - 104,946,277 27,500,000 3,835 33,636,712 43,805,730
Wilson Creek WW Line 400,000 - (94,714) 305,286 - - 305,286 -
Denton ISD WW Line Reimburseme 531,622 - - 531,622 - - - 531,622
Total Water & Wastewater Projects 179,786,432$ 12,535,000$ -$ 192,321,431$ 36,219,542$ 13,423,927$ 71,486,261$ 71,191,702$
Drainage Projects
Old Town Regional Retention Pond #2 98,386$ 200,000$ -$ 298,386$ -$ -$ 48,323$ 250,063$
Doe Branch Creek Erosion Control 225,000 - - 225,000 - 14,472 183,560 26,968
Total Drainage Projects 323,386$ 200,000$ -$ 523,386$ -$ 14,472$ 231,883$ 277,031$
Transfer Out
CIP Salaries - Water -$ 300,000$ -$ 300,000$ 300,000$ -$ -$ -$
CIP Salaries - Wastewater - 200,000 - 200,000 200,000 - - -
Total Expenses 180,109,818$ 13,235,000$ -$ 193,344,817$ 36,719,542$ 13,438,399$ 71,718,144$ 71,468,733$
REVENUE OVER (UNDER) EXPENDITURES (159,130,020)$ (28,809,635)$
Beginning Fund Balance (Restricted for Capital Projects) October 1 115,732,372 115,732,372
Ending Fund Balance (Restricted for Capital Projects) Current Month (43,397,648)$ 86,922,737$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
February 28, 2026
UTILITY CAPITAL PROJECTS FUND
35 Page 50
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Judith Jacinto, Court Administrator
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Chris Landrum, Finance Director
Ryan Patterson, Assistant Finance Director
Re: Associate Municipal Judge Agreement – Caprice Garcia
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Provide Excellent Municipal Services
Agenda Item:
Consider and act upon the appointment of an Associate Municipal Judge for a two-year term and
authorize the Town Manager to execute an agreement for same.
Description of Agenda Item:
Article VII, Section 7.01.002 of the Town Charter allows Town Council to appoint an Associate
Municipal Judge by the affirmative vote of a majority of the full membership of the Town Counci l.
The Associate Municipal Judge is appointed to a term of two years and may be appointed to
additional consecutive terms. If appointed, the Judge’s term will begin May 1, 2026, and end on
April 30, 2028.
Judge Caprice Garcia is a licensed attorney, currently serving as Municipal Judge over various
municipalities. Judge Garcia is currently an independent contractor of the Town performing
services such as judicial authorization of blood draws when authorized under state law. The
Associate Municipal Judge will be compensated at a rate of one hundred fifty and no/100 dollars
($150.00) per hour, billed in quarter (.25) hour increments, with a minimum of one hour’s
compensation guaranteed, which is reflected in the attached agreement.
Budget Impact:
Compensation for the Associate Municipal Judge is a budgeted item and is paid from the Judicial
Services Account.
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. Agreement
MUNICIPAL COURT
Page 51
Item 7.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommend the Town Council appoint Judge Caprise Garcia as the Associate Judge
for the Town of Prosper for a two-year term and authorize the Town Manager to execute an
agreement for the same.
Proposed Motion:
I move to appoint Judge Caprise Garcia as the Associate Municipal Judge for the Town of Prosper
for a two-year term and authorize the Town Manager to execute an agreement for the same.
Page 52
Item 7.
Page 1 of 3
ASSOCIATE MUNICIPAL JUDGE AGREEMENT BETWEEN THE TOWN OF
PROSPER, TEXAS, AND CAPRICE GARCIA
THIS ASSOCIATE MUNICIPAL JUDGE AGREEMENT BETWEEN THE
TOWN OF PROSPER, TEXAS, AND CAPRICE GARCIA (“Agreement”) is made and
entered into on this ____ day of ________________, 2026, by and between the Town of Prosper,
Texas (“Town”), and Caprice Garcia (“Judge”), subject to the following terms and conditions.
Section 1. Appointment and Term of Service.
1. The Town, exercising its discretion pursuant to the laws of State of Texas, and in
accordance with Section 4.03 of the Town’s Charter and ordinances, hereby appoints Caprice
Garcia, a Texas municipal judge, as an Associate Municipal Judge for the Town with all the
powers, rights and duties of said appointment and agrees to compensate the Judge for her services
as hereinafter set forth.
2. Judge agrees to perform the services of Associate Municipal Judge in accordance
with state law, the Town Charter and the Town’s Code of Ordinances, all as may be amended,
and to maintain eligibility and the appropriate licenses, as may be required by law to serve in
such capacity, commencing on May 1, 2026, and ending on April 30, 2028; however, nothing in
this Agreement shall prevent, limit, or otherwise interfere with the right of the Town to terminate
the services of Judge at any time.
3. The Town and Judge agree that Judge shall possess all authority as authorized for
Associate Municipal Judges under Texas law.
Section 2. Duties.
4. The Judge shall perform the functions and duties specified by the Code of Judicial
Conduct, the Town of Prosper Charter and Code of Ordinances, the laws of the State of Texas, and
all other applicable laws, and shall perform such other legally permissible and proper duties and
functions as the Town shall assign from time to time. Upon request, the Judge shall provide the
Town Council with periodic updates about her position and acts taken on behalf of the Town as an
Associate Municipal Judge, either in writing or in person at scheduled Town Council meetings.
5. The Judge shall perform all services and duties customarily performed by Associate
Municipal Judges in the State of Texas, including but not limited to judicial authorization for blood
draws when authorized under state law for suspects alleged to have been driving a motor vehicle
while intoxicated, consistent with the suspect’s constitutional, statutory and other legal rights
guaranteed by state or federal law.
6. The Judge is required to keep abreast of federal law, state law, pertinent case law
and local ordinances which in any way may affect her position as an Associate Municipal Judge.
Although a recognized function of judicial discretion, the Judge shall endeavor to enforce the law
consistently and within suggested state guidelines.
Page 53
Item 7.
Page 2 of 3
Section 3. Applicable Terms and Conditions; Termination.
7. Judge shall perform all services in accordance with the Code of Judicial Conduct
applicable to judges of courts in the State of Texas and agrees to conduct herself in a judicial
demeanor at all times in performing her duties.
8. Judge shall be, at all times and for all purposes, an independent contractor of the
Town, as that term is defined by Texas legal authority. The Judge is not precluded from
performing such legal services in maintaining her private practice of law, and nothing construed
herein shall preclude her from maintaining her private legal practice.
9. Judge hereby agrees not to knowingly undertake any legal matter that would
compromise or conflict with her duties and responsibilities as an Associate Municipal Judge or
otherwise knowingly undertake to represent a client on a legal matter against the Town.
10. In the event Judge voluntarily resigns her position with Town before expiration
of the aforesaid term, then Judge shall give Town 30 days’ notice in advance, unless the parties
otherwise agree.
Section 4. Compensation
11. Compensation for the duties performed herein shall be at a rate of One Hundred
and Fifty and No/100 Dollars ($150.00) per hour, billed in quarter (.25) hour increments, with a
minimum of one hour’s compensation guaranteed and to be paid to Judge for services. Duties
shall primarily include the review and issuance of warrants for blood draws, as referenced above,
presented and prepared by the Prosper Police Department, including the setting aside of a
reasonable amount of time to ensure all necessary documents are reviewed and signed as
appropriate, when warranted by the law, and to conduct such other services as may be required
from time-to-time as an Associate Municipal Judge. Judge shall make herself reasonably
available to review and sign such documents, as appropriate, in a timely manner and use her
education and professional expertise to ensure that, based on the information provided and/or
obtained, all documents are properly completed to promote the enforceability of the same. Judge
shall act in an independent, neutral and detached manner in accordance with the law.
12. Judge shall not be entitled to any employee benefits, including but not limited to
vacation leave, sick leave, retirement and pension system contribution, holidays, health
insurance, long-term disability insurance, or retirement under the Texas Municipal Retirement
System. Judge is an independent contractor, and not an employee of the Town.
13. The Town shall pay Judge once per month on the last day of each month.
14. The Town Council will endeavor to periodically evaluate Judge.
15. The Town understands and agrees that certain judicial training is mandated by the
State of Texas for Judge. Such training and expenses associated with such training, and payment
therefor, if approved, shall be coordinated with the Town’s Finance Director in advance of any
Page 54
Item 7.
Page 3 of 3
such training.
Section 5. Bonding
16. Town shall bear the full cost of any fidelity or other bonds that may be required of
Judge under any law or ordinance requiring the same to be paid as a condition of the performance
of an obligation or pursuant to duty in connection with Judge’s performance of her duties for the
Town of Prosper.
Section 6. General Provisions
17. This Agreement consists of this document, upon which the parties have affixed
their signatures, and those documents specifically incorporated herein by reference. This
Agreement as so constituted is the entire agreement between the parties, with respect to the
subject matter hereof, and supersedes all other previous statements, communications, or
agreements, whether oral or written. No modification, alteration, or waiver of any provision
hereof shall be binding upon the parties unless evidenced in writing and signed by both parties.
18. The validity of this Agreement and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas, and any
venue for any action concerning this Agreement shall be exclusively in Collin County, Texas.
19. In the event, one or more of the provisions contained in the Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect other provisions, and the Agreement shall be
constructed as if such invalid, illegal, or unenforceable provision had never been contained in it.
IN WITNESS WHEREOF, the Town Manager, duly authorized, has signed and
executed this Agreement on behalf of the Town, and Judge has signed and executed this
Agreement, both in duplicate, the day and year first above written.
ACKNOWLEDGED AND ACCEPTED:
__________________________________ __________________________________
Caprice Garcia, Associate Municipal Judge Mario Canizares, Town Manager
Town of Prosper, Texas
__________________________________ __________________________________
Date Signed Date Signed
March 3, 2026
Page 55
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Re: Code of Conduct Ordinance Amendments
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance amending Chapter 1, “General Provisions,” of the Code of
Ordinances by amending Subsections (8) and (10) and adding a new Subsection (11) to Section
1.02.129 relative to the Code of Conduct for Town Councilmembers and amending Section
1.04.003(b) by amending Subsections (7) and (9) and adding a new Subsection (10) relative to
the Code of Conduct for Town Board, Commission and Committee Members.
Description of Agenda Item:
On March 10, 2024, the Town Council adopted Ordinance No. 2026-11 to provide for uniform
standards of conduct for both Board, Commission and Committee Members and members of the
Town Council. The attached Ordinance provides minor revisions to Ordinance No. 2026-11 to
clarify the scope of subsections (8) and (10) of the Town Council Code of Conduct and
subsections (7) and (9) of the Code of Conduct for Board, Commission and Committee Members.
Both Codes contain an added provision that the ruling of the presiding officer may be appealed
to the body as a whole, in conformity with Robert’s Rules of Order.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Ordinance has been approved by the Town Attorney.
Attached Documents:
1. Draft Ordinance
Town Staff Recommendation:
Town staff recommend the Town Council approve an ordinance amending Chapter 1, “General
Provisions,” of the Code of Ordinances by amending Subsections (8) and (10) and adding a new
Subsection (11) to Section 1.02.129 relative to the Code of Conduct for Town Councilmembers
and amending Section 1.04.003(b) by amending Subsections (7) and (9) and adding a new
Subsection (10) relative to the Code of Conduct for Town Board, Commission and Committee
Members.
TOWN ATTORNEY
Page 56
Item 8.
Page 2 of 2
Proposed Motion:
I move to approve an ordinance amending amending Chapter 1, “General Provisions,” of the Code
of Ordinances by amending Subsections (8) and (10) and adding a new Subsection (11) to
Section 1.02.129 relative to the Code of Conduct for Town Councilmembers and amending
Section 1.04.003(b) by amending Subsections (7) and (9) and adding a new Subsection (10)
relative to the Code of Conduct for Town Board, Commission and Committee Members.
Page 57
Item 8.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 2026-11 BY AMENDING SUBSECTIONS (8) AND (10) AND
ADDING SUBSECTION (11) TO SECTION 1.02.129, “CODE OF CONDUCT
FOR TOWN COUNCILMEMBERS,” CONTAINED IN DIVISION 5, “RULES OF
CONDUCT,” OF ARTICLE 1.02, “TOWN COUNCIL,” OF CHAPTER 1,
“GENERAL PROVISIONS,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS; AMENDNG SUSECTIONS (7) AND (9) AND
ADDING SUBSECTION (10) TO SUBSECTION (b), “CONDUCT OF
MEMBERS,” TO SECTION 1.04.003, “CODE OF CONDUCT FOR TOWN
BOARD, COMMISSION AND COMMITTEE MEMBERS,” CONTAINED IN
DIVISION 1, “GENERALLY,” OF ARTICLE 1.04, “BOARDS, COMMISSIONS
AND COMMITTEES,” OF CHAPTER 1, “GENERAL PROVISIONS,” OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY
CLARIFYING THE PROVISIONS OF SAID CODES OF CONDUCT;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about March 10, 2026, the Town of Prosper, Texas (“Town”), clarified
provisions in its Code of Conduct for both Town councilmembers as well as board, commission
and committee members, among others; and
WHEREAS, in an effort to further clarify said provisions, the Town Council deems it
advisable to slightly revise the wording in said Codes of Conduct so there is no ambiguity
regarding same.
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
From and after the effective date of this Ordinance, Subsections (8) and (10) and a new
Subsection (11) in Section 1.02.129, “Code of Conduct for Town Councilmembers,” Division 5,
“Rules of Conduct,” of Article 1.02, “Town Council,” of Chapter 1, “General Provisions,” of the
Code of Ordinances of the Town of Prosper, Texas, are hereby amended to read as follows:
“ARTICLE 1.02 TOWN COUNCIL
* * *
§ 1.02.129. Code of Conduct for Town Councilmembers.
All Members of the Town Council:
* * *
Page 58
Item 8.
Ordinance No. 2026-__, Page 2
(8) shall cease speaking immediately if called to order by the presiding officer and
shall not continue speaking until the question of order is determined. If ruled to be
in order, the Town Councilmember shall be permitted to proceed. If ruled not to be
in order, the Town Councilmember shall remain silent or make additional remarks
in compliance with the ruling of the presiding officer;
* * *
(10) may be subject to removal from the meeting if they fail to comply with the ruling of
the presiding officer.
(11) Any ruling of the presiding officer may be subject to an immediate appeal by a
member of the Town Council. Such appeal shall be made by motion and must be
seconded.”
SECTION 3
From and after the effective date of this Ordinance, Subsections (7) and (9) and a new
Subsection (10) in Subsection (b), “Conduct of Members,” of Section 1.04.003, “Code of Conduct
for Town Board, Commission and Committee Members,” of Division 1, “Generally,” of Article 1.04,
“Boards, Commissions and Committees,” of Chapter 1, “General Provisions,” of the Code of
Ordinances of the Town of Prosper, Texas, are hereby amended to read as follows:
“ARTICLE 1.04 BOARDS, COMMISSIONS AND COMMITTEES
* * *
Sec. 1.04.003 Code of Conduct for Town Board, Commission and Committee
Members.
* * *
(b) Conduct of Members. All Members:
(7) shall cease speaking immediately if called to order by the presiding officer and
shall not continue speaking until the question of order is determined. If ruled to be
in order, the Member shall be permitted to proceed. If ruled not to be in order, the
Member shall remain silent or make additional remarks in compliance with the
ruling of the presiding officer;
* * *
(10) may be subject to removal from the meeting if they fail to comply with the ruling of
the presiding officer.
(11) Any ruling of the presiding officer may be subject to an immediate appeal by a
Member. Such appeal shall be made by motion and must be seconded.”
Page 59
Item 8.
Ordinance No. 2026-__, Page 3
SECTION 5
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.
SECTION 6
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 7
This Ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 24TH DAY OF MARCH, 2026.
APPROVED:
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Page 60
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Re: Amendment to High Weeds and Grass Ordinance
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance amending Section 6.03.002, “Regulation of weeds, rubbish,
brush, and other objectionable, unsightly, or unsanitary matter,” of Article 6.03, “Maintenance of
Property,” of Chapter 6, “Health and Sanitation,” of the Town’s Code of Ordinances by defining a
nuisance and extending nuisance control areas 5,000 feet outside the Town’s corporate
boundaries, pursuant to state law.
Description of Agenda Item:
At the March 10, 2026, Town Council meeting, an ordinance was adopted that provided when
noise may be considered a nuisance. As was addressed in the documentation describing when
noise may constitute a nuisance, state law provides that the governing body of a municipality may
undertake measures to address any nuisance within the limits of the municipality. Additionally,
pursuant to Section 217.042 of the Texas Local Government Code, the Town, as a home-rule
municipality, may define and prohibit any nuisance within the limits of the Town and within five
thousand feet (5,000’) outside the corporate limits of the municipality and further, may enforce all
ordinances necessary to prevent and summarily abate and remove a declared nuisance. The
attached amendment to Section 6.03.002 accomplishes this by providing that weeds, rubbish,
brush and other objectionable, unsightly or unsanitary matter may constitute a nuisance both in
the corporate limits of the Town and within the foregoing 5,000-foot area. As such, the Town may
regulate such nuisances both inside the Town’s corporate limits and in the 5,000-foot area.
Budget Impact:
There is no financial impact to the Town.
Legal Obligations and Review:
Terrence S. Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to
form and legality.
Attached Documents:
1. Draft Ordinance
TOWN ATTORNEY
Page 61
Item 9.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends the Town Council approve the attached ordinance.
Proposed Motion:
I move to approve an ordinance amending Section 6.03.002, “Regulation of weeds, rubbish, brush,
and other objectionable, unsightly, or unsanitary matter,” of Article 6.03, “Maintenance of
Property,” of Chapter 6, “Health and Sanitation,” of the Town’s Code of Ordinances by defining a
nuisance and extending nuisance control areas 5,000 feet outside the Town’s corporate
boundaries, pursuant to state law.
Page 62
Item 9.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 6.03.002, “REGULATION OF WEEDS,
RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR
UNSANITARY MATTER,” OF ARTICLE 6.03, “MAINTENANCE OF
PROPERTY,” OF CHAPTER 6, “HEALTH AND SANITATION,” OF THE TOWN’S
CODE OF ORDINANCES BY DEFINING A NUISANCE AND ADDING A
PROVISION THAT AN AREA WITHIN 5,000 FEET OF THE TOWN’S
CORPORATE LIMITS MAY BE SUBJECT TO REGULATION; MAKING
FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town’s duly adopted Charter; and
WHEREAS, as an additional means to address complaints related to high grass and
weeds, and other unsightly and unsanitary conditions, it is necessary to amend the Town’s
current noise ordinance and nuisance provisions as set forth in this Ordinance; and
WHEREAS, pursuant to Texas Local Government Code Section 217.022, the
governing body of a municipality may undertake measures to address any nuisance within the
limits of the municipality; and
WHEREAS, the Town, as a home-rule municipality, pursuant to Texas Local Government
Code Section 217.042, may define and prohibit any nuisance within the limits of the municipality
and within five thousand feet (5,000’) outside the corporate limits of the municipality and further,
may enforce all ordinances necessary to prevent and summarily abate and remove a declared
nuisance; and
WHEREAS, the Town Council has determined that this Ordinance is in the best interests
of the Town and the health, safety and welfare of its residents.
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.
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Item 9.
Ordinance 2026-XX, Page 2
SECTION 2
From and after the effective date of this Ordinance, Section 6.03.002, “Regulation of
weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter,” of Article 6.03,
“Maintenance of Property,” of Chapter 6, “Health and Sanitation,” of the Town’s Code of
Ordinances is hereby amended to read as follows:
Ҥ 6.03.002. Regulation of weeds, rubbish, brush, and other objectionable, unsightly, or
unsanitary matter.
(a) The owner or occupant of any property or a portion thereof, occupied or unoccupied, shall
not keep, store, allow, maintain, permit, or accumulate upon any property any refuse, trash
and debris, stagnant water, filth, carrion, junk, garbage, impure or unwholesome matter,
or objectionable, unsightly, or unsanitary matter that:
(1) Is visible from a street or alley;
(2) Creates or may create an unsanitary condition likely to attract or harbor mosquitoes,
rodents, vermin, or disease carrying pests; or
(3) Emits a noxious odor.
(b) The owner or occupant of any property or a portion thereof, occupied or unoccupied,
within the town, shall not allow, maintain, or permit upon any property grass, weeds,
brush, or other unsightly vegetation to grow thereon to a height greater than 12 inches.
Such property shall include the area between the property and the curb or edge of
pavement of any adjacent street or alley. With respect to uncultivated or agricultural
properties, the owner or occupant of such property shall be required to maintain grass,
weeds, brush, or other unsightly vegetation to a height less than 12 inches only within 100
feet of any adjacent street, alley, or property of different ownership.
(c) A violation of this Section 6.03.002 is hereby declared to be a nuisance if it exists within
the corporate limits of the town or within 5,000 feet of such limits. It shall further be
unlawful for a person who owns, manages, or controls a property to allow such property
to be used in a manner that violates this section.”
SECTION 4
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
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Item 9.
Ordinance 2026-XX, Page 3
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 6
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of five hundred dollars ($500.00), and each and every day such violation shall continue shall
constitute a separate offense.
SECTION 7
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 24TH DAY OF MARCH, 2026.
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 65
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: Lease Agreement for Placement of Cell Antenna on the Town Water
Tower at 1880 Newpark Way
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Accelerate Infrastructure Delivery
Agenda Item:
Consider authorizing the Town Manager to execute a lease agreement with New Cingular
Wireless PCS, LLC, for the installation of an AT&T wireless service antenna on the Town water
tower at 1880 Newpark Way.
Description of Agenda Item:
AT&T has requested a lease agreement for the placement of a wireless service antenna on the
Town’s water tower along with any necessary ground equipment at 1880 Newpark Way just off
First Street, east of Preston Road. The town currently has other providers utilizing this tower for
wireless antennas.
The agreement is consistent with the other providers with a monthly payment of $2,750 per month
with a 3% increase after five years. Another provider on the tower is currently paying $2,883 per
month after a 3% increase to their payment after five years.
Allowing this lease will provide improved wireless service to the community as Prosper continues
to grow and demand for consistent mobile wireless services increases.
Budget Impact:
Additional annual revenue of $33,000.
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. Agreement
2. Location Map
ADMINISTRATION
Page 66
Item 10.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommend the Town Council approve authorizing the Town Manager to execute a
lease agreement with New Cingular Wireless PCS, LLC, for the installation of an AT&T wireless
service antenna on the Town water tower at 1880 Newpark Way.
Proposed Motion:
I move to approve/deny authorizing the Town Manager to execute a lease agreement with New
Cingular Wireless PCS, LLC, for the installation of an AT&T wireless service antenna on the Town
water tower at 1880 Newpark Way.
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Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Park Improvement Fee Agreement for Creekside Development
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Provide Excellent Municipal Services
Accelerate Infrastructure Delivery
Agenda Item:
Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and
Shaddock-Creekside Prosper, LLC, for the Creekside development.
Description of Agenda Item:
By Town Ordinance, developers in Prosper are assessed park improvement fees for residential
development. These park improvement fees are used to build parks, park amenities, and hike and
bike trails. The grandfathered fee structure is $1,500 per single-family residential unit.
The developer of Creekside is requesting consideration of an Agreement to:
(1) Receive a credit to the park improvement fees due in the amount of the increased costs to
construct the ten-foot Connector Trail as shown on the Town’s Hike and Bike Trail Master
Plan along the east side of Legacy Drive vs. the cost to construct the Town’s standard six-
foot sidewalk. The trail improvements are illustrated on Exhibit B of the attached
Agreement. The developer will construct the trail improvements outlined in the Agreement
and provide proof of costs to Town Staff for review.
(2) The remaining park improvement fee due from the Developer will be credited towards
development of the proposed Neighborhood Park within the Creekside community. The
land area for the Neighborhood Park is being dedicated by the Developer to satisfy the
Town’s parkland dedication requirements and the provisions of the PD for the property.
(3) The developer will cover all costs above any credits to complete the park construction. If
the developer fails to complete these improvements, all fees will be due to the Town.
The Parks and Recreation Board approved this Park Improvement Fee Agreement at its October
9, 2025, meeting with a 5 to 1 vote.
Budget Impact:
Park improvement fees credited for Creekside – 221 lots @ $1,500 = $331,500.00
PARKS AND RECREATION
Page 109
Item 11.
Page 2 of 2
Park improvements construction costs = $709,827.50
Additional developer costs to construct park = $419,449.58
Estimated completion of Creekside Park is Fall 2026.
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. Park Improvement Fee Agreement for Creekside
Town Staff Recommendation:
Town Staff recommend the Town Council approve a Park Improvement Fee Agreement between
the Town of Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development.
Proposed Motion:
I move to approve a Park Improvement Fee Agreement between the Town of Prosper and
Shaddock-Creekside Prosper, LLC, for the Creekside development.
Page 110
Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 1
(Creekside)
After Recording Return to:
Town Manager
Town of Prosper
P. O. Box 307
Prosper, Texas 75078
PARK IMPROVEMENT FEE AGREEMENT
(CREEKSIDE)
THIS PARK IMPROVEMENT FEE AGREEMENT (the "Agreement") is made and
entered into as of this _____ day of ____________, 2026 (the "Effective Date"), by and among
SHADDOCK-CREEKSIDE PROSPER LLC, a Texas limited liability company ("Developer")
Developer, and the TOWN OF PROSPER, TEXAS, a Texas home-rule municipality ("Town"),
on the terms and conditions hereinafter set forth.
W I T N E S S E T H:
WHEREAS, Developer desires to fulfill its park improvement fee obligations associated
with the development of the Property (as hereinafter defined in Section 1), as prescribed in the
Town's ordinances; and
WHEREAS, in consideration of Developer's actions set forth below, the Town agrees that
Developer may fulfill its park improvement fee obligations in the manner set forth below.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Town, and Developer agree as follows:
1. Land Subject to Agreement. The land that is subject to this Agreement is that certain
real property owned by Developer in the Town of Prosper, Denton County, Texas, as more
particularly described on Exhibit A, attached hereto and incorporated herein by reference (the
"Property"); and
2. Assessments. Notwithstanding any provision in this Agreement to the contrary, the
Property shall be assessed park improvement fees in the amount of $1,500 per single family unit
and $2,000 per multi-family unit, in the Property (the "Park Improvement Fees") in accordance
with the Town's ordinances at the time of application. These payments of and/or credits to the
Park Improvement Fees shall be in accordance with the obligations set forth in this Agreement.
3. Trail Improvements Credits.
(a) The Town shall provide credits to the Park Improvement Fees in an amount equal
to the Construction Costs (as hereinafter defined in Section 3(b)) of the trails constructed
by Developer adjacent to the Property as generally shown on Exhibit B and illustrated on
the Town’s Hike and Bike Master Plan (collectively, the "Trail Improvements") less the
Construction Cost of a standard width sidewalk (the "Trail Upsize Costs"). Provided that
the Developer completes the Trail Improvements in accordance with this Agreement, the
Town shall provide Credits (as hereinafter defined in Section 3(c)) to residential
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 2
(Creekside)
development within the Property for the Trail Upsize Costs. No Credits will be given to
non-residential developments.
(b) As a condition to receiving any Credit, Developer shall tender to the Town
evidence, in a form(s) reasonably acceptable to the Town, including affidavits of
payment/affidavits as to debts and liens ("Evidence of Payment(s)"), of the Construction
Costs incurred and paid by Developer. The term "Construction Costs" as used herein
shall include engineering and landscape architecture design costs, surveying costs,
construction costs, and geotechnical materials testing costs.
(c) Upon Developer providing the Town the Evidence of Payment(s), the Town will
credit the Developer for the amount of Trail Upsize Costs (the "Credit") set forth in the
Evidence of Payment(s), which Credit shall be applied toward the actual amount of the
Park Improvement Fees due or that may become due on the Property.
(d) Developer represents that the estimated Trail Upsize Costs are Forty-five Thousand
and No/100 Dollars ($45,000.00), as more particularly described in Exhibit E, attached
hereto and incorporated herein for all purposes.
(e) The Park Improvement Fees less the amount of the Credit (the "Net Park
Improvement Fees") shall be utilized to construct the Park Improvements (as hereinafter
defined in Section 4).
4. Park Improvements. Developer agrees to complete improvements to the approximately
7.0 acres of land within the Property to be dedicated via plat to the Town and as described on
Exhibit D (the "Parkland").
(a) The improvements proposed for the Parkland are generally shown on Exhibit C (the
"Park Improvements"). Developer represents that the estimated Construction Costs for
the Park Improvements are Seven Hundred Ten Thousand and No/100 Dollars
($710,000.00) (the "Estimated Park Improvements Costs"), as more particularly
described in Exhibit E. The final scope of the Park Improvements and the resulting
Estimated Park Improvement Costs shall be developed and agreed upon by both Developer
and the Town.
(b) Developer shall obtain bids on the construction of the Park Improvements from at
least three (3) qualified contractors and shall provide a copy of such bids received, together
with an estimated time frame for completion of construction of such portion of the Park
Improvements, to the Town for their review and approval (the "Approved Contractor(s)"
and the "Approved Costs").
(c) Developer shall: (i) execute a contract for the construction of the Park
Improvements with the Approved Contractors; (ii) manage the construction of the Park
Improvements; (iii) use commercially reasonable efforts to complete the Park
Improvements within the applicable estimated time frame; and (iv) obtain the Town's
acceptance of same.
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 3
(Creekside)
(d) Provided that the Developer constructs the Park Improvements in accordance with
this Agreement, the Developer will retain all park improvement fees for the Park
Improvements.
(e) The Park Improvements shall be constructed in accordance with all applicable
Town ordinances, rules and regulations, and substantially in accordance with the plans and
specifications to be prepared by Developer and approved by the Town for construction of
the Park Improvements. Any modification or amendment to such plans and specifications
is subject to approval by Developer and the Town, which approval will not be unreasonably
withheld, conditioned or delayed.
(f) Notwithstanding anything to the contrary set forth herein or in applicable Town
ordinances, rules or regulations, the Town agrees that if, in connection with construction
of the Park Improvements, any trees are required to be removed pursuant to the Town
approved plans and specifications for construction of the Improvements, Developer shall
not be required to comply with any applicable tree mitigation requirements. Developer
must inform the Town of any tree removals and must limit the tree removal to those areas
that are required to complete the Park Improvements. Town will provide trees given to the
Town in lieu of tree mitigation fees from other projects to the Developer for this project.
5. Park Operation.
(a) Town agrees, at its sole cost and expense, to maintain the completed Park
Improvements within the Parkland in accordance with Town Standards including (i)
mowing and maintenance of the landscaping and (ii) maintenance of the irrigation system
(the "Maintenance Obligations"). The Town and Developer agree that under no
circumstances shall the Developer be responsible for any part or portion of the costs
associated, directly or indirectly, with the Maintenance Obligations.
6. Default. Prior to the exercise of any remedy by the Town or Developer due to a default by
any of the parties, (i) the non-defaulting party shall deliver a written notice to the defaulting party
formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s)
identified in the default notice shall not be a default hereunder and the non-defaulting party shall
not exercise any remedy if the default is cured within thirty (30) days following the defaulting
party's receipt of such default notice; provided, however, that if such default is non-monetary and
cannot reasonably be cured within such thirty (30) day period, the defaulting party may have a
reasonable period of time to cure such default if the defaulting party commences action to cure
such default within such period of thirty (30) days and thereafter diligently proceeds to cure such
default and provided that such extended period does not exceed an additional thirty (30) days.
Notwithstanding anything to the contrary, the parties agree that if a default is not cured within the
applicable time period, the sole and exclusive remedies of the non-defaulting party will be to
terminate this Agreement and thereafter the parties will not have any further rights, duties or
obligations under this Agreement, except that any obligations or liabilities that accrued prior to the
date of termination will survive.
7. Covenant Running with Land. The obligations set forth herein relate to the Property, in
whole and in part, and this Agreement shall be a covenant running with the land and the Property
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 4
(Creekside)
and shall be binding upon the Developer and their respective successors, assignees, and grantees.
In addition, the parties shall cause this Agreement to be filed in the Real Property Records of
Denton County, Texas. Notwithstanding the foregoing, the obligations herein that burden the
Property shall be released either by (i) upon request by Developer upon completion of the Trail
Improvements within its limits and payment of its Park Improvement Fees as established by
Section 2 less the Credits established by Section 3(c), or (ii) upon request by Developer upon
completion of items in (i), completion of the Park Improvements, and receipt of all
Reimbursements for the Park Improvements as established by Section 4(g), or (iii) automatically
as to each lot therein which is conveyed subsequent to the final plat for the Property, or portion
thereof, being reviewed, approved and executed by the Town and filed in the Denton County Real
Property Records. Any third party, including any title company, grantee or lien holder, shall be
entitled to rely upon this Section to establish whether such termination has occurred with respect
to any lot.
8. Notices. Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by depositing same in the United States mail, addressed to the party to
be notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via facsimile or a hand–delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual delivery of
same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt
at the address of the addressee. For purposes of notice, the addresses of the parties shall be as
follows:
If to Town: Town of Prosper
Attn: Town Manager
250 W. First Street
P. O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
With a copy to: Town Attorney
250 W. First Street
P. O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
If to Developer: Shaddock-Creekside Prosper LLC
ATTN: William Shaddock
2400 Dallas Parkway, Suite 560
Plano, TX 75093
Telephone: (972) 985-5505
9. Captions and Headings. The captions and headings of the Sections of this Agreement are
for convenience and reference only and shall not affect, modify or amplify the provisions of this
Agreement nor shall they be employed to interpret or aid in the construction of this Agreement.
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 5
(Creekside)
10. Application of Texas Laws and 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 Denton County, Texas. Venue for any action arising under
this Agreement shall lie in Denton County, Texas.
11. Prevailing Party in Event of Legal Action. 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 final non-appealable judgement 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).
12. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto 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.
13. Invalidation. Invalidation of any one of the provisions of this document by judgment or
court order shall in no way affect any of the other provisions, which shall remain in full force and
effect.
14. Counterparts. A telecopied facsimile or emailed pdf of a duly executed counterpart of
this Agreement shall be sufficient to evidence the binding agreement of each party to the terms
herein.
15. Town Manager Authorized to Execute. The Town Manager of the Town of Prosper is
authorized to execute this Agreement on behalf of the Town.
16. 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.
17. Binding Obligation. The Agreement shall become a binding obligation on the signatories
upon execution by all signatories 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 its behalf has full authority to execute this Agreement and bind Developer to same.
Further, this Agreement is and shall be binding upon Developer, its successors, heirs, assigns,
grantees, vendors, trustees, representatives, and all others holding any interest now or in the future.
18. 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 mediation.
19. Roughly Proportionate Determination under Texas Law. Developer has been
represented by legal counsel in the negotiation of this Agreement and been advised, or have had
the 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
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 6
(Creekside)
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 in this
Agreement, if any, as a condition of zoning approval, including the terms of this Agreement, are
roughly proportional or roughly proportionate to the Project's anticipated impact. Developer
specifically reserves their rights to appeal the apportionment of municipal infrastructure costs in
accordance with § 212.904 of the Texas Local Government Code; however, notwithstandin g the
foregoing, Developer hereby waives and releases the Town from any and all liability under §
212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of
those municipal infrastructure improvements required by this Agreement. This Paragraph shall
survive the termination of this Agreement.
20. Rough Proportionality Determination under Federal Law . Developer hereby waives
any federal constitutional claims and any statutory or state constitutional takings claims under the
Texas Constitution and Chapter 395 of the Texas Local Government Code in regard to this
Agreement. 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 in this Agreement, if any, 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 projected impact of the terms of this Agreement.
Developer further acknowledges that the benefits of zoning and platting have been accepted with
full knowledge of potential claims and causes of action which may be raised now and in the future,
and Developer acknowledges the receipt of good and valuable consideration for the release and
waiver of such claims. This Paragraph shall survive the termination of this Agreement.
21. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all
ordinances of the Town, whether now existing or in the future arising. This Agreement shall confer
no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In
addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter
245, Texas Local Government Code, and nothing in this Agreement provides the Town with fair
notice of Developer's project. This Section shall survive the termination of this Agreement.
22. Developer's Warranties/Representations. All warranties, representations and covenants
made by Developer in this Agreement or in any certificate or other instrument delivered by
Developer to the Town under this Agreement shall be considered to have been relied upon by the
Town and will survive the satisfaction of any fees under this Agreement, regardless of any
investigation made by the Town or on the Town's behalf.
23. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
24. Sovereign Immunity. The parties agree that the Town has not waived its sovereign
immunity by entering into and performing its obligations under this Agreement, except as to
Chapter 271, Subchapter I of the Local Government Code, to the extent applicable, if at all.
25. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not intend to create
any third party beneficiaries by entering into this Agreement.
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Page 7
(Creekside)
26. Conveyances. All conveyances required herein shall be made in a form acceptable to the
Town and free and clear of any and all liens and encumbrances.
27. Waiver. Waiver by any party of any breach of this Agreement, or the failure of any party
to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit
or waive any such party's right thereafter to enforce and compel strict compliance.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Signature Page 1
(Creekside)
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective as of the Effective Date.
TOWN:
TOWN OF PROSPER, TEXAS
By:
Mario Canizares, Town Manager
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Mario
Canizares, Town Manager, known to me to be one of the persons whose names are subscribed to
the foregoing instrument; he acknowledged to me he is the duly authorized representative for THE
TOWN OF PROSPER, TEXAS, and he executed said instrument for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of
___________________, 2026.
Notary Public in and for the State of Texas
My Commission Expires: __________________________
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Item 11.
PARK IMPROVEMENT FEE AGREEMENT – Signature Page 2
(Creekside)
DEVELOPER:
SHADDOCK-CREEKSIDE PROSPER LLC
a Texas limited liability company
By:
William C. Shaddock, Jr., Manager
STATE OF TEXAS §
§
COUNTY OF _____________ §
BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared
William C. Shaddock, Jr., Manager of SHADDOCK-CREEKSIDE PROSPER LLC, a Texas
limited liability company, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and who acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated on behalf of said limited
liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of
________________________, 2026.
Notary Public in and for the State of Texas
My Commission Expires:
Page 119
Item 11.
Exhibit A – Legal Description of the Property
(Creekside)
Exhibit A
Legal Description of the Property
WHEREAS, Shaddock Acquisitions, LLC is the owner of a 90.730-acre (3,952,213-square-foot)
tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of
Prosper, Collin County, Texas; said tract being part of that certain tract of land described in
Special Warranty Deed to Legacy Frontier, LLC recorded in Instrument No.
20150203000121210 of the Official Public Records of Collin County, Texas; said 90.730-acre-
tract of land being more particularly described by metes and bounds as follows:
COMMENCING, at a 5/8-inch iron rod with illegible cap found for the southeast corner of that
called 1.436-acre tract of land described in Right-of-Way Dedication to the City of Celina
recorded in Instrument No. 2008-9821 of said Official Records of Denton County, and at the
intersection of the approximate centerline of Legacy Drive (a variable-width public right-of-way)
and the south right-of-way line of Frontier Parkway (a variable-width public right-of-way); said
point being the northwest corner of said Legacy Frontier tract, the northeast corner of that called
18.954-acre tract of land described in Right-of-Way Warranty Deed to City of Celina recorded in
Instrument No. 2022-24205 of the Official Records of Denton County, Texas;
THENCE, South 00 degrees 30 minutes 57 seconds West, with the approximate centerline of
said Legacy Drive, a west line of said Legacy Frontier tract, the east line of the said 18.954-acre
City of Celina tract, and the east line of those certain tracts of land described in Special Warranty
Deeds to Merritt/Thornton Farm Partnership, L.P. recorded in Instrument No. 99-096577, 99-
096578, and 99-096579 of the Deed Records of Denton County, Texas, a distance of 189.17 feet
to a 5/8-inch iron rod with "RPLS 5674" cap found; said point being a southwest corner of said
Legacy Frontier tract, the northwest corner of that certain tract of land described in Right-of-
Way Warranty Deed to the Town of Prosper recorded in 20100518000498080 of said Official
Public Records of Collin County, and the northeast corner of that certain tract of land described
in General Warranty Deed to Denton County, Texas recorded in Instrument No. 2010-62874 of
said Official Records of Denton County;
THENCE, South 89 degrees 49 minutes 05 seconds East, departing the approximate centerline of
said Legacy Drive and the said east line of Merritt/Thornton tract and with a south line of said
Legacy Frontier tract and the north line of said Town of Prosper tract, a distance of 39.21 feet to
a point; said point being an ell corner of said Legacy Frontier tract and the northeast corner of
said Town of Prosper tract;
THENCE, South 00 degrees 10 minutes 55 seconds West, with a west line of said Legacy
Frontier tract and the east line of said Town of Prosper tract, a distance of 320.00 feet to a 5/8-
inch iron rod; said point being an ell corner of said Legacy Frontier tract and the southeast corner
of said Town of Prosper tract;
THENCE, North 89 degrees 49 minutes 05 seconds West, with a north line of said Legacy
Frontier tract and the south line of said Town of Prosper tract, a distance of 40.90 feet to a PK
nail found in the said approximate centerline of Legacy Drive; said point being a northwest
Page 120
Item 11.
Exhibit A – Legal Description of the Property
(Creekside)
corner of said Legacy Frontier tract, the southwest corner of said Town of Prosper tract, the
southeast corner of said Denton County tract, and a northeast corner of that called 26.822-acre
tract described in Special Warranty Deed to Merritt Crossing Development LLC recorded in
Instrument No. 2021-213963 of said Official Records of Denton County;
THENCE, South 00 degrees 29 minutes 02 seconds West, with the said approximate centerline
of Legacy Drive, a west line of said Legacy Frontier tract, and an east line of said Merritt
Crossing Development tract, a distance of 358.02 feet to a 5/8-inch iron rod with "BGE" cap set
for corner at the POINT OF BEGINNING;
THENCE, North 89 degrees 17 minutes 48 seconds East, departing the said approximate
centerline of Legacy Drive, the said east line of Merritt Crossing Development tract, and the said
west line of Legacy Frontier tract and into and across said Legacy Frontier tract, a distance of
1,515.50 feet to a 5/8-inch iron rod with "BGE" cap set for corner in an east line of said Legacy
Frontier tract and a west line of a called 99.522-acre tract of land described as Tract 1 in Special
Warranty Deed to Toll Southwest LLC recorded in Instrument No. 2024000009613 of said
Official Public Records of Collin County;
THENCE, South 00 degrees 00 minutes 38 seconds East, with the said east line of Legacy
Frontier tract and the said west line of Tract 1, a distance of 288.74 feet to a 1/2-inch iron rod
found for corner; said point being an interior corner of said Legacy Frontier tract and a southwest
corner of said Tract 1;
THENCE, North 89 degrees 11 minutes 50 seconds East, with a north line of said Legacy
Frontier tract and a south line of said Tract 1, a distance of 1,532.96 feet to a 1/2-inch iron rod
with illegible cap found for corner; said point being a northeast corner of said Legacy Frontier
tract and an interior corner of said Tract 1;
THENCE, South 01 degrees 14 minutes 54 seconds East, with an east line of said Legacy
Frontier tract and a west line of said Tract 1, a distance of 1,151.46 feet to a 60D nail found for
corner in the north line of a called 221.617-acre tract of land described in Special Warranty Deed
to BGY Prosper 221 LLC in Instrument No. 20171121001544530 of said Official Public
Records of Collin County; said point being the southeast corner of said Legacy Frontier tract and
the southwest corner of said Tract 1;
THENCE, South 89 degrees 13 minutes 16 seconds West, with the south line of said Legacy
Frontier tract and the said north line of BGY Prosper 221 tract, a distance of 1,063.46 feet to a
5/8-inch iron rod with "KHA" cap found for corner; said point being an angle point for said
Legacy Frontier tract, the northwest corner of said BGY Prosper 221 tract, and the northeast
corner of a called 37.554-acre tract of land described as Tract 2 in Special Warranty Deed to Toll
Southwest LLC recorded in Instrument No. 2024000009613 of said Official Public Records of
Collin County;
THENCE, South 89 degrees 44 minutes 50 seconds West, continuing with the south line of said
Legacy Frontier tract and with the north line of said Tract 2 and the north line of that called
38.572-acre tract of land described in Special Warranty Deed to Prosper Independent School
Page 121
Item 11.
Exhibit A – Legal Description of the Property
(Creekside)
District recorded in Instrument No. 20200817001344070 of said Official Public Records of
Collin County, at a distance of 645.55 feet passing a 1/2-inch iron rod found for the northwest
corner of said Tract 2 and the northeast corner of said Prosper Independent School District tract
and continuing for a total distance of 2,022.01 feet to a point for corner in the said approximate
centerline of Legacy Drive and in the said east line of Merritt Crossing Development tract; said
point being the southwest corner of said Legacy Frontier tract and the northwest corner of said
Prosper Independent School District tract;
THENCE, North 00 degrees 29 minutes 02 seconds East, with the said approximate centerline of
Legacy Drive, the west line of said Legacy Frontier tract, and the east line of said Merritt
Crossing Development tract, a distance of 1,423.27 feet to the POINT OF BEGINNING and
containing 90.730 acres or 3,952,213 square feet of land, more or less.
Page 122
Item 11.
Exhibit B – Trail Improvements
(Creekside)
Exhibit B
Trail Improvements
Page 123
Item 11.
Exhibit C – Depiction of the Park Improvements
(Creekside)
Exhibit C
Park Improvements
Page 124
Item 11.
Exhibit D – Legal Description of the Parkland
(Creekside)
Exhibit D
Legal Description of the Parkland
Page 125
Item 11.
Exhibit E – Estimated Costs
(Creekside)
Exhibit E
Trail Upsize Costs
Estimated Park Improvement Costs
Page 126
Item 11.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Specific Use Permit Ordinance for Private Streets
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for
Development
Agenda Item:
Consider and act upon an Ordinance for a Specific Use Permit for Private Streets on Jeremiah
Horn Survey, Abstract 411, Tract 35 and a portion of Tracts 5 and 48, on 21.4± acres, located
530± feet north of University Drive and 2,575± feet east of Lakewood Drive. (ZONE-25-0002)
Description of Agenda Item:
On February 24, 2026, the Town Council unanimously approved the proposed Specific Use Permit
request by a vote of 7-0. An ordinance has been prepared accordingly.
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
2. Ordinance Exhibits
Town Staff Recommendation:
Town Staff recommend the Town Council approve an Ordinance for a Specific Use Permit for
Private Streets on Jeremiah Horn Survey, Abstract 411, Tract 35 and a portion of Tracts 5 and 48,
on 21.4± acres, located 530± feet north of University Drive and 2,575± feet east of Lakewood
Drive.
Proposed Motion:
I move to approve/deny an Ordinance for a Specific Use Permit for Private Streets on Jeremiah
Horn Survey, Abstract 411, Tract 35 and a portion of Tracts 5 and 48, on 21.4± acres, located
530± feet north of University Drive and 2,575± feet east of Lakewood Drive.
PLANNING
Page 127
Item 12.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY GRANTING A SPECIFIC
USE PERMIT (SUP) TO ALLOW PRIVATE STREETS ON A TRACT OF LAND
CONSISTING OF 21.4 ACRES, MORE OR LESS, SITUATED IN JEREMIAH
HORN SURVEY, ABSTRACT 411, TRACT 35 AND A PORTION OF TRACTS 5
AND 48, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS;
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE-
25-0002) from Ryan Sextro (“Applicant”) for a Specific Use Permit (SUP) for Private Streets, on
a tract of land Planned Development-114 (PD-114) and Specific Use Permit-52 (S-52), consisting
of 21.4 acres of land, more or less, in Jeremiah Horn Survey, Abstract 411, Tract 35 and a portion
of Tracts 5 and 48, in the Town of Prosper, Collin County, Texas, and being more particularly
described in Exhibit “A-1” and Exhibit “A-2”, attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, and public hearings have been held on the
proposed rezoning and all other requirements of notice and completion of such zoning procedures
have been fulfilled; and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: Applicant is granted a Specific Use Permit (SUP) for Private Streets, on a tract of land
zoned Planned Development-114 (PD-114) and Specific Use Permit-52 (S-52), consisting of 21.4
acres of land, more or less, in Jeremiah Horn Survey, Abstract 411, Tract 35 and a portion of
Page 128
Item 12.
Case No. ZONE-25-0002 Ordinance No. 2026-__, Page 2
Tracts 5 and 48, Town of Prosper, Collin County, Texas, and being more particularly described in
1) the Property Legal Description, Exhibit “A-1” and 2) Survey, Exhibit “A-2”, attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Specific Use Permit
shall conform to, and comply with (1) the Site Plan, attached hereto as Exhibit “B”, which is
incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
Page 129
Item 12.
Case No. ZONE-25-0002 Ordinance No. 2026-__, Page 3
expressly provided that all remaining portions of this Ordinance shall remain in full force and
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THE 24TH DAY OF MARCH, 2026.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 130
Item 12.
Page 131
Item 12.
Page 132
Item 12.
Page 133
Item 12.
EX WEX W7257307357407257307
3
5
740705710715720725705710715720
717
718
719
721
710
7
1
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711
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7137
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710715
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715
720720720
EX SSLOT 1, BLOCK A
BROOKHOLLOW APARTMENTS
INST. NO. 20210727010002730
P.R.C.C.T.
PART OF TRACT 2
310 PROSPER LP
VOLUME 5823, PAGE 3462
O.P.R.C.C.T.
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
PART OF TRACT 2
310 PROSPER LP
VOLUME 5823, PAGE 3462
O.P.R.C.C.T.
55 PROSPER LP
INST. NO. 2023000139028
O.P.R.C.C.T.XXXXXXXXXXXXXXXXXXXXXXXXOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
X
XXXXXXXXXXXXXXXXXXXXEXISTING 30' WATEREASEMENTINST. NO. 2023000139418O.P.R.C.C.TFUTURE U.S. 380 ROW
10' WATER EASEMENT
INST. # 20211001610170
INST. # 2022000112331
O.P.R.C.C.T.10' WATER EASEMENTINST. # 20211001610170INST. # 2022000112331O.P.R.C.C.T.PRELIMINARY ULTIMATE
100-YR FLOODPLAIN
EXISTING 100-YR
FLOODPLAIN
PRELIMINARY ULTIMATE
100-YR FLOODPLAIN
E. UNIVERSITY DR. (U.S. HWY 380)
(VARIABLE WIDTH PUBLIC R.O.W.
ALSO KNOWN AS U.S. HIGHWAY NO. 360)
EXISTING SCS
EASEMENT
3345' DRIVEWAY TO N. CUSTER ROAD
998' DRIVEWAY TO EX. DRIVEWAY
3313' DRIVEWAY TO EX. DRIVEWAY
FUTURE SCS
EASEMENT
PART OF
PROSPER HOLLOW LP
INST.# 2022000135693
O.P.R.C.C.T.
LOT 1, BLOCK A
BROOKHOLLOW APARTMENTS
INST. NO. 20210727010002730
P.R.C.C.T.
BARBED WIRE FENCE
WELL
JERE
M
I
A
H
H
O
R
N
S
U
R
V
E
Y
ABST
R
A
C
T
N
U
M
B
E
R
4
1
1
21.394 ACRES
931909 SQ.FT.
"NO BUILDINGS
OBSERVED"
TEMPORARY CONSTRUCTION
EASEMENT
INST. # 2023000139419
O.P.R.C.C.T
TEMPORARY CONSTRUCTION
EASEMENT
INST. # 2023000139419
O.P.R.C.C.T
PART OF
PROSPER HOLLOW LP
INST.# 2022000135693
O.P.R.C.C.T.
BARBED WIRE FENCE
5/8 CIRF
"SPOONER 5922"
1/2" CIRF "OWENS 5387" BRS
N 10°16'32" W, 2.20'
S89°35'27"E 1,498.64'S00°40'54"E 537.96'N89°35'30"W 1,420.72'139.90'S49°36'17"W
1.92'
S40°17'29"E
6
0
.
0
0
'
S
4
5
°
4
8
'
3
5
"
E
L=236.74'CH=234.35'CHB=N 30°03'39" ER=480.00'Δ=28°15'31"N15°55'54"E 136.52'L=320.60'
CH=308.14'
CHB=N 12°27'33" W
R=330.00'
Δ=55°39'52"
9
9
.
9
8
'N4
0
°
1
7
'
2
9
"WL=186.54'CH=182.85'CHB=N 20°29'55"
WR=270.00
'Δ=39°35'08"
59.05'
S89°18'00"W
L=4.83'
CH=4.83'
CHB=N 12°21'43" W
R=270.00'
Δ=1°01'30"
L=4.82'
CH=4.82'
CHB=S 0°59'37" E
R=470.00'
Δ=0°35'15"L=227.91'CH=223.41'CHB=S 20°30'21" ER=330.00'Δ=39°34'16"N:7131893.109
E:2504694.455
N:7131302.657
E:2506242.480
N:7131840.582
E:2506236.081
N:7131010.581
E:2504734.760
N:7131221.709
E:2504715.601
POINT OF
BEGINNING
Drawing: N:\_PLS\G_Drive\JOB\DLR23003_Brookhollow_33Ac\3_Design\32_Entitlements\322_PreliminaryPlat\Specific Use Permit\DLR23003-C-PPLAT_EXHIBIT-ALast Saved by: RJimenezLast Saved: 1/23/2026 8:34 AMPlot Date/Time: 1/23/2026 8:35 AMTHIRD SUBMITTALVICINITY MAP
N.T.S.
BROOKHOLLOW TOWNHOMES
21.394 CONTAINING BLOCK 1, LOTS 1-24; BLOCK 2, LOTS 1-28; BLOCK 3, LOTS 1-24; BLOCK 4, LOTS 1-20; BLOCK 5;
LOTS 1-30; BLOCK 6, LOTS 1-30; BLOCK 7, LOTS 1-17; BLOCK 8, LOTS 1-21; AND LOTS 1X-8X; FOR A TOTAL OF 194
TOWNHOME LOTS AND 8 OPEN SPACE LOTS
FOUND IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411
PROSPER, COLLIN COUNTY, TEXAS
CCB
RCS
CCB
MYTHRI BROOKHOLLOW TOWNHOMES - SPECIFIC USE PERMITDESIGNED:
DRAWN:
SHEET
REVIEWER:
DLR23003
JANUARY 2026DATE:
WPS PROJECT #:
OWNER / DEVELOPER PLANNER / ENGINEER / SURVEYOR
OF 3
LEGEND
PHASE LINE
NOTES:
1.NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM.
2.ALL VISIBILITY EASEMENTS TO BE 10'x10. EXCEPT AT INTERSECTIONS WITH
ALLEYS WHERE THEY SHALL BE 5'x15'.
3.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR
ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS
DETERMINED ON FINAL PLAT.
4.NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A
VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES
AND WITHHOLDING OF UTILITIES AND PERMITS
5.ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE
EASEMENTS, ECT. ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS
SUCCESSORS AND/OR ASSIGNS.
6.THIS PROPERTY FALLS IN ZONE A, ACCORDING TO THE FLOOD INSURANCE
RATE MAPS, PANEL NO. 48085C0255J MAP REVISION JUNE 2, 2009 AND ZONE
AE ACCORDING TO THE LOMR 16-06-4255P, EFFECTIVE MAY 25, 2017.
7.SUBDIVISION DISTRICT STANDARDS WILL BE PER PD-114 WITH A BASE ZONING
OF SF-10
8.ULTIMATE FLOODPLAIN PROVIDED IS PRELIMINARY AND IS SUBJECT TO
CHANGE. A DAM BREACH ANALYSIS AND FLOOD STUDY WILL BE PROVIDED AT
TIME OF FINAL PLAT.
9.FENCES ADJACENT TO PUBLIC OR PRIVATE OPEN SPACE, PUBLIC OR PRIVATE
PARKS, OR HIKE AND BIKE TRAILS SHALL BE ORNAMENTAL METAL, TUBULAR
STEEL OR SPLIT RAIL WITH A MINIMUM 50 PERCENT THROUGH VISION SEC.
3.19.001(10)"
10.FOR ANY LINE WORK DEALING WITH THE SUBDIVISION TO THE NORTH OF
PROPERTY, REFERENCE EXISTING PRELIMINARY PLAT D22-0036.PRELIMINARY
PLAT FOR SUBDIVISION WAS APPROVED BUT NEVER FILED. THEREFORE, LINE
WORK IS CONCEPTUAL ONLY
11.ALL BARRIER FREE RAMPS WILL BE DIRECTIONAL WHEN DESIGNED IN THE
CONSTRUCTION PLANS PER FEDERAL GUIDELINES
12.TOWNHOMES WITH <20' DRIVEWAYS SHALL NOT ALLOW PARKING
13.NO LANDSCAPING, FENCING, OR HVAC EQUIPMENT SHALL BE LOCATED IN THE
10' CLEAR WIDTH SPACE BETWEEN TOWNHOME BLOCKS.
14.THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR
ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT
IS DETERMINED AT THE TIME OF FINAL PLAT
15.ALL ACCESS GATES SHALL BE AUTOMATIC ONLY. 4 FT. PEDESTRIAN GATE
REQUIRED AT ALL AUTOMATIC GATES.
EASEMENT LINE
RIGHT OF WAY LINE
LOT LINE
N
Phone (469) 213-1800 11000 Frisco Street, Suite 400
Toll Free (888) 937-5150 Frisco, TX 75033
TBPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. 10074301
DEVELOPER NAME: PROSPER HOLLOW LP &
PROSPER 380 TOLLWAY LP
ADDRESS: 826 MANGO CT
COPPELL, TEXAS 75019
CONTACT: RAMAKRISHNA GULLAPALLI
(214)416-9227
TOWN OF PROSPER
E. UNIVERSITY DR. (U.S. HWY 380)REDBUD DRIVEN CUSTER RDCOUNTY ROAD 933
E. FIRST ST
FIRST STREET
F.M. 2478AERO COUNTRY RD.F.M. 2478THESE DOCUMENTS ARE FOR
DESIGN REVIEW ONLY AND ARE
NOT INTENDED FOR
CONSTRUCTION, BIDDING, OR
PERMIT PURPOSE. THEY ARE
PREPARED BY, OR UNDER THE
SUPERVISION OF:
PRELIMINARY
-FOR REVIEW ONLY-
RYAN C. SEXTRO
TYPE OR PRINT NAME DATEPE #
134341 01/23/2026
CASE NUMBER: ZONE-25-0002
SITE
N
0 80'160'
SCALE: 1" = 80'
1
EXHIBIT A-2: BOUNDARY EXHIBIT
1
NOTES:
1.NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A
VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES
AND WITHHOLDING OF UTILITIES AND PERMITS
2.THIS PROPERTY FALLS IN ZONE A, ACCORDING TO THE FLOOD INSURANCE
RATE MAPS, PANEL NO. 48085C0255J MAP REVISION JUNE 2, 2009 AND ZONE
AE ACCORDING TO THE LOMR 16-06-4255P, EFFECTIVE MAY 25, 2017.
3.SUBDIVISION DISTRICT STANDARDS WILL BE PER PD-114 WITH A BASE ZONING
OF SF-10
4.ULTIMATE FLOODPLAIN PROVIDED IS PRELIMINARY AND IS SUBJECT TO
CHANGE. A DAM BREACH ANALYSIS AND FLOOD STUDY WILL BE PROVIDED AT
TIME OF FINAL PLAT.
5.FOR ANY LINE WORK DEALING WITH THE SUBDIVISION TO THE NORTH OF
PROPERTY, REFERENCE EXISTING PRELIMINARY PLAT D22-0036.PRELIMINARY
PLAT FOR SUBDIVISION WAS APPROVED BUT NEVER FILED. THEREFORE, LINE
WORK IS CONCEPTUAL ONLY
DEFINITIONS:
SCS - SOIL CONSERVATION SERVICE
- 1/2" IRON ROD WITH A YELLOW PLASTIC
CAP STAMPED "WESTWOOD PS" SET
Page 134
Item 12.
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2X
3X
4X EX SSLOT 1, BLOCK A
BROOKHOLLOW APARTMENTS
INST. NO. 20210727010002730
P.R.C.C.T.
PART OF TRACT 2
310 PROSPER LP
VOLUME 5823, PAGE 3462
O.P.R.C.C.T.
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
PART OF TRACT 2
310 PROSPER LP
VOLUME 5823, PAGE 3462
O.P.R.C.C.T.
55 PROSPER LP
INST. NO. 2023000139028
O.P.R.C.C.T.
OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
27.0'22.0'20.0'22.0'27.0'22.0'27.0'27.0'20.0'20.0'20.0'27.0'27.0'22.0'22.0'
4.6'27.2'20.3'
19.9'1.0'22.0'22.0'22.0'22.0'22.0'22.0'27.0'27.0'20.0'6 2.8'45.0'14.1'29.8'22.0'22.0'22.2'22.0'22.0'22.0'27.0'22.0'22.0'22.0'27.0'22.0'22.0'27.0'22.0'22.0'22.0'22.0'22.0'22.0'45.0'14.1'29.8'22.0'22.0'27.0'22.0'22.0'22.0'22.0'22.0'22.0'22.0'22.0'22.0'22.0'22.0'27.0'14.0
'
60.3'15.8'15.8'25.0'22.0'22.0'22.0'8.5'23.4'34.0'9.
7
'27.0'27.0'22.0'20.0'19.4'22.0'20.0'22.0'27.0'27.0'22.0'22.0'27.0'27.0'20.0'45.0'45.0'22.0'22.0'27.0'20.0'27.0'22.0'22.0'27.0'27.0'19.4'19.4'20.0'20.0'20.0'27.0'20.0'20.0'20.0'27.0'13.2'21.8'29.2'1
4
.
1
'19.4'22.0'27.0'20.0'20.0'27.0'22.0'22.0'20.0'27.0'27.0'22.0'22.0'27.0'22.0'20.0'22.0'19.4'45.0'22.6'24.4'20.4'23.1'71.1'22.0'22.0'70.0'27.0'20.0'22.0'22.0'45.0'24.4'24.4'24.4'45.0'45.0'24.4'24.4'7.0'95.6'14.1'27.0'15.8'15.8'22.0'20.0'22.0'45.0'
15.8'
11.7'20.0'70.0'14.1'27.2'27.0'27.0'70.0'27.0'27.0'31.8'22.0'20.0'
27.0'70.0'70.0'50'
FADUE
50'FADUE50'
FADUE
50'
FADUE
50'
FADUE
50'
FADUE50'FADUE50'FADUE50'
FADUE
18'
FADUE
18'
FADUE
18'
FADUE
18'
FADUE
18'
FADUE
18'
FADUE
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FADUE
18'FADUEALLEY AALLEY BALLEY CALLEY EALLEY FALLEY GALLEY DALLEY H31.4'22.0'27.0'6.9'20.0'27.4'27.0'22.0'20.0'22.0'37.0'22.0'27.0'22.0'45.0'20.1'22.3'27.0'1
4
.
1
'29.8'27.0'22.0'EXISTING 30' WATEREASEMENTINST. NO. 2023000139418O.P.R.C.C.TPROPOSED 15'
DRAINAGE EASEMENT
PROPOSED 15'
SEWER EASEMENT
FUTURE U.S. 380 ROW
59.5'24.4'77.5'73.8'22.0'20.0'27.0'62.8'25.0'
62.
8
'32.0'27.0'22.1'27.0'15.8'45.0'15.8'22.0'1
4
.
1
'
15.8'14.1'19.4'14.1'15.8'15.8'1
4
.
1
'19.4'15.8'32.0'34.8'22.0'1
4
.
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'
45.0'
62
.
8
'22.0'22.0'27.0'37.0'14.1'70.0'
96.6'20.0'20.0'1
4
.
1
'19.4'15.8'45.0'14.1'15.8'
15.8'14.1'15.8'
1
4
.
1
'14.1'15.8'24.4'24.4'15.8'45.0'24.4'24.4'14.1'15.8'15.8'14.0
'70.0'20.0'
15.8'32.0'19.4'22.0'22.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'70.0'27.0'
7.2'25.0'6 4.8'10' WATER EASEMENT
INST. # 20211001610170
INST. # 2022000112331
O.P.R.C.C.T.10' WATER EASEMENTINST. # 20211001610170INST. # 2022000112331O.P.R.C.C.T.PROPOSED VARIABLEWIDTH DRAINAGEEASEMENT7.9'14.1'20.0'34.6'34.8'27.0'VARIABLE WIDTH
LANDSCAPE
EASEMENT
1969 SF
1540 SF
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2897 SF1969 SF
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2560 SF1540 SF1400 SF1540 SF1890 SF1890 SF1540 SF1540 SF1890 SF1890 SF1400 SF1400 SF1400 SF1890 SF1890 SF1540 SF1540 SF1896 SF1946 SF1511 SF2344 SF20' WATER EASEMENTINST. NO20060622000859330O.P.R.C.C.T.20' WATER EASEMENTVOL. 5741, PG. 37O.P.R.C.C.T.5/8 CIRF
"SPOONER 5922"
1/2" CIRF "OWENS 5387" BRS
N 10°16'32" W, 2.20'
TXDOT MONUMENT (C.M.)
1/2" CIRF "OWENS 5387"
BRS N 36°44'25" E, 1.71'
1/2" IRF
1/2" CIRF "OWENS 5387"
BRS N 31°02'47" E, 1.46'
1890 SF
1540 SF1540 SF
2503 SF
27.0'27.0'27.0'27.0'1540 SF
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2502 SF 70.0'
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6
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45.0'
45.0'13.5'7.0'
62
.
8
'1.4'1
4
.
1
'39.8'9.8'34.8'100' STORAGE 246' DECELERATION
100' TAPER
RIGHT OF WAY DEDICATION FOR
TURN LANE TO BE PROVIDED AT
TIME OF CONSTRUCTION PLANS
70.0'40' DRAINAGEEASEMENT15' DRAINAGEEASEMENT18'2
5
'
1
2
'
24.0'70.8'69.6'1
5
'
L
A
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D
S
C
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UNIVERSITY DRIVE
(VARIABLE WIDTH PUBLIC R.O.W.
ALSO KNOWN AS U.S. HIGHWAY NO. 360)100' STA
C
KI
N
G
3345' DRIVEWAY TO N. CUSTER ROAD31'31'
12'
31'
12'
31'
12'
31'
12'
31'
12'
992' DRIVEWAY TO EX. DRIVEWAY
3077' DRIVEWAY TO EX. DRIVEWAY 31'31'
12'
12'31'12'31'
15'
31'
50'
FADUE
PRIVATE STREETPRIVATE STREETPRIVATE STREETPRIVATE STREETPRIVATE STREETPRIVATE STREETPRIVATE STREETPRIVATE STREET
PRIVATE STREET
PRIVATE STREET
PRIVATE STREET PRIVATE STREET
PRIVATE STREET26' FIRE ACCESS /
DRAINAGE / UTILITY
EASEMENT
1
0
0
'
FADUE
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'27.0'8.9'27.0'70.0'
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74.5'
78.6'27.0'3.9'
22.4'
27.0'70.0'PROPOSED 15'
SEWER EASEMENT
PRELIMINARY ULTIMATE
100-YR FLOODPLAIN
EXISTING 100-YR
FLOODPLAIN
ACCESS, FIRE LANE, UTILITY
AND DRAINAGE ESMT.
COMMON PLACE TO BE
MAINTAINED BY HOA
PRELIMINARY ULTIMATE
100-YR FLOODPLAIN
PROPOSED SCS
EASEMENT
EXISTING SCS
EASEMENT
GATED ENTRANCE PER
TOWN OF PROSPER
ENGINEERING DESIGN
STANDARDS
PROPOSED
GATED EXIT
DRAINAGE
EASEMENT
6' WOOD SCREEN
FENCE BY OTHERS
6' MASONRY WALL WITH
MASONRY COLUMNS
6' MASONRY WALL WITH
MASONRY COLUMNS
S89°35'27"E 1,498.64'S00°40'54"E 537.96'N89°35'30"W 1,420.72'139.90'S49°36'17"W
1.38'
S40°17'29"E
6
0
.
0
0
'
S
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5
°
4
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'
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"
E
L=236.74'CH=234.35'CHB=N 30°03'39" ER=480.00'Δ=28°15'31"N15°55'54"E 136.52'L=320.60'
CH=308.14'
CHB=N 12°27'33" W
R=330.00'
Δ=55°39'52"
9
9
.
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'N4
0
°
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'
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"WL=186.54'CH=182.85'CHB=N 20°29'55"
WR=270.00
'Δ=39°35'08"
59.05'
S89°18'00"W
L=4.83'
CH=4.83'
CHB=N 12°21'43" W
R=270.00'
Δ=1°01'30"
L=4.82'
CH=4.82'
CHB=S 0°59'37" E
R=470.00'
Δ=0°35'15"L=227.91'CH=223.41'CHB=S 20°30'21" ER=330.00'Δ=39°34'16"N:7131302.657
E:2506242.480POINT OF
BEGINNING
N:7131221.709
E:2504715.601
N:7131840.582
E:2506236.081
N:7131893.109
E:2504694.455
N:7131010.581
E:2504734.760
Drawing: N:\_PLS\G_Drive\JOB\DLR23003_Brookhollow_33Ac\3_Design\32_Entitlements\322_PreliminaryPlat\Specific Use Permit\DLR23003-C-PPLAT_EXHIBIT-BLast Saved by: RJimenezLast Saved: 1/16/2026 11:00 AMPlot Date/Time: 1/16/2026 11:36 AMTHIRD SUBMITTALVICINITY MAP
N.T.S.
BROOKHOLLOW TOWNHOMES
21.394 CONTAINING BLOCK 1, LOTS 1-24; BLOCK 2, LOTS 1-28; BLOCK 3, LOTS 1-24; BLOCK 4, LOTS 1-20; BLOCK 5;
LOTS 1-30; BLOCK 6, LOTS 1-30; BLOCK 7, LOTS 1-17; BLOCK 8, LOTS 1-21; AND LOTS 1X-8X; FOR A TOTAL OF 194
TOWNHOME LOTS AND 8 OPEN SPACE LOTS
FOUND IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411
PROSPER, COLLIN COUNTY, TEXAS
CCB
RCS
CCB
MYTHRI BROOKHOLLOW TOWNHOMES - SPECIFIC USE PERMITDESIGNED:
DRAWN:
SHEET
REVIEWER:
DLR23003
JANUARY 2026DATE:
WPS PROJECT #:
OWNER / DEVELOPER PLANNER / ENGINEER / SURVEYOR
OF 3
LEGEND
PHASE LINE
NOTES:
1.NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM.
2.ALL VISIBILITY EASEMENTS TO BE 10'x10. EXCEPT AT INTERSECTIONS WITH
ALLEYS WHERE THEY SHALL BE 5'x15'.
3.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR
ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS
DETERMINED ON FINAL PLAT.
4.NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A
VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES
AND WITHHOLDING OF UTILITIES AND PERMITS
5.ALL PRIVATE OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE
EASEMENTS, ECT. ARE THE RESPONSIBILITY OF THE DEVELOPER OR ITS
SUCCESSORS AND/OR ASSIGNS.
6.THIS PROPERTY FALLS IN ZONE A, ACCORDING TO THE FLOOD INSURANCE
RATE MAPS, PANEL NO. 48085C0255J MAP REVISION JUNE 2, 2009 AND ZONE
AE ACCORDING TO THE LOMR 16-06-4255P, EFFECTIVE MAY 25, 2017.
7.SUBDIVISION DISTRICT STANDARDS WILL BE PER PD-114 WITH A BASE ZONING
OF SF-10
8.ULTIMATE FLOODPLAIN PROVIDED IS PRELIMINARY AND IS SUBJECT TO
CHANGE. A DAM BREACH ANALYSIS AND FLOOD STUDY WILL BE PROVIDED AT
TIME OF FINAL PLAT.
9.FENCES ADJACENT TO PUBLIC OR PRIVATE OPEN SPACE, PUBLIC OR PRIVATE
PARKS, OR HIKE AND BIKE TRAILS SHALL BE ORNAMENTAL METAL, TUBULAR
STEEL OR SPLIT RAIL WITH A MINIMUM 50 PERCENT THROUGH VISION SEC.
3.19.001(10)"
10.FOR ANY LINE WORK DEALING WITH THE SUBDIVISION TO THE NORTH OF
PROPERTY, REFERENCE EXISTING PRELIMINARY PLAT D22-0036.PRELIMINARY
PLAT FOR SUBDIVISION WAS APPROVED BUT NEVER FILED. THEREFORE, LINE
WORK IS CONCEPTUAL ONLY
11.ALL BARRIER FREE RAMPS WILL BE DIRECTIONAL WHEN DESIGNED IN THE
CONSTRUCTION PLANS PER FEDERAL GUIDELINES
12.TOWNHOMES WITH <20' DRIVEWAYS SHALL NOT ALLOW PARKING
13.NO LANDSCAPING, FENCING, OR HVAC EQUIPMENT SHALL BE LOCATED IN THE
10' CLEAR WIDTH SPACE BETWEEN TOWNHOME BLOCKS.
14.THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR
ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT
IS DETERMINED AT THE TIME OF FINAL PLAT
15.ALL ACCESS GATES SHALL BE AUTOMATIC ONLY. 4 FT. PEDESTRIAN GATE
REQUIRED AT ALL AUTOMATIC GATES.
EASEMENT LINE
RIGHT OF WAY LINE
LOT LINE
N
Phone (469) 213-1800 11000 Frisco Street, Suite 400
Toll Free (888) 937-5150 Frisco, TX 75033
TBPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. 10074301
DEVELOPER NAME: PROSPER HOLLOW LP &
PROSPER 380 TOLLWAY LP
ADDRESS: 826 MANGO CT
COPPELL, TEXAS 75019
CONTACT: RAMAKRISHNA GULLAPALLI
(214)416-9227
TOWN OF PROSPER
E. UNIVERSITY DR. (U.S. HWY 380)REDBUD DRIVEN CUSTER RDCOUNTY ROAD 933
E. FIRST ST
FIRST STREET
F.M. 2478AERO COUNTRY RD.F.M. 2478THESE DOCUMENTS ARE FOR
DESIGN REVIEW ONLY AND ARE
NOT INTENDED FOR
CONSTRUCTION, BIDDING, OR
PERMIT PURPOSE. THEY ARE
PREPARED BY, OR UNDER THE
SUPERVISION OF:
PRELIMINARY
-FOR REVIEW ONLY-
RYAN C. SEXTRO
TYPE OR PRINT NAME DATEPE #
134341 01/16/2026
CASE NUMBER: ZONE-25-0002
SITE
N
0 80'160'
SCALE: 1" = 80'
1
EXHIBIT B: SITE PLAN
1
DEFINITIONS:
SCS - SOIL CONSERVATION SERVICE
FADUE - FIRE ACCESS, DRAINAGE, & UTILITY
EASEMENT
- 1/2" IRON ROD WITH A YELLOW PLASTIC
CAP STAMPED "WESTWOOD PS" SET
NOTE: THIS DESIGN LAYOUT IS PRELIMINARY
AND FOR THE PURPOSES OF EVALUATING THE
REQUEST FOR PRIVATE STREETS.
Page 135
Item 12.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Specific Use Permit Ordinance for Accessory Building/Guest House
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an Ordinance 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)
Description of Agenda Item:
On March 10, 2026, the Town Council unanimously approved the proposed Specific Use Permit
request by a vote of 6-0. An ordinance has been prepared accordingly.
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
2. Ordinance Exhibits
Town Staff Recommendation:
Town Staff recommend the Town Council approve an ordinance 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.
Proposed Motion:
I move to approve/deny an ordinance 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.
PLANNING
Page 136
Item 13.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY GRANTING A SPECIFIC
USE PERMIT (SUP) TO ALLOW AN ACCESSORY BUILDING/GUEST HOUSE
ON A TRACT OF LAND CONSISTING OF 5.1 ACRES, MORE OR LESS,
SITUATED IN WHISPERING FARMS, PHASE 2, BLOCK G, LOT 9, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE-
26-0001) from Paul Kuhar (“Applicant”) for a Specific Use Permit (SUP) for an Accessory
Building/Guest House, on a tract of land Planned Development-5 (PD-5) and Specific Use Permit-
53 (S-53), consisting of 5.1 acres of land, more or less, in Whispering Farms, Phase 2, Block G,
Lot 9, in the Town of Prosper, Collin County, Texas, and being more particularly described in
Exhibit “A”, attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, and public hearings have been held on the
proposed rezoning and all other requirements of notice and completion of such zoning procedures
have been fulfilled; and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: Applicant is granted a Specific Use Permit (SUP) for Private Streets, on a tract of land
zoned Planned Development-5 (PD-5) and Specific Use Permit-53 (S-53), consisting of 5.1 acres
of land, more or less, in Whispering Farms, Phase 2, Block G, Lot 9, Town of Prosper, Collin
Page 137
Item 13.
Case No. ZONE-26-0001 Ordinance No. 2026-__, Page 2
County, Texas, and being more particularly described in 1) the Survey, Exhibit “A”, attached
hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Specific Use Permit
shall conform to, and comply with (1) the Site Plan, attached hereto as Exhibit “B”, and (2) the
Elevations, attached hereto as Exhibit “D”, which are incorporated herein for all purposes as if set
forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
Page 138
Item 13.
Case No. ZONE-26-0001 Ordinance No. 2026-__, Page 3
expressly provided that all remaining portions of this Ordinance shall remain in full force and
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THE 24TH DAY OF MARCH, 2026.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 139
Item 13.
GSPublisherVersion 0.31.100.100
EXHIBIT A: BOUNDARY EXHIBIT FOR PROPERTY
(ZONE: 26-0001)
Page 140
Item 13.
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"Page 141
Item 13.
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'
Page 142
Item 13.
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'Page 143
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Planned Development Ordinance for McCasland Tract
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for
Development
Agenda Item:
Consider and act upon an Ordinance to rezone J. Durrett Survey, Abstract 350, Tracts 2 & 2A,
and John M. McKim Survey, Abstract 889, Tract 4, on 49.9± acres from Agricultural to a Planned
Development for Single-Family Residences, located on the north side of Prosper Trail and 855±
feet west of Legacy Drive. (ZONE-25-0006)
Description of Agenda Item:
On February 10, 2026, the Town Council approved the proposed rezoning request by a vote of 6-
0 (Councilmember Bartley absent). An ordinance has been prepared accordingly.
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
2. Ordinance Exhibits
Town Staff Recommendation:
Town Staff recommend the Town Council to approve an Ordinance to rezone J. Durrett Survey,
Abstract 350, Tracts 2 & 2A, and John M. McKim Survey, Abstract 889, Tract 4, on 49.9± acres
from Agricultural to a Planned Development for Single-Family Residences, located on the north
side of Prosper Trail and 855± feet west of Legacy Drive.
PLANNING
Page 144
Item 14.
Page 2 of 2
Proposed Motion:
I move to approve/deny an Ordinance to rezone J. Durrett Survey, Abstract 350, Tracts 2 & 2A,
and John M. McKim Survey, Abstract 889, Tract 4, on 49.9± acres from Agricultural to a Planned
Development for Single-Family Residences, located on the north side of Prosper Trail and 855±
feet west of Legacy Drive.
Page 145
Item 14.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 49.9 ACRES MORE OR LESS SITUATED IN THE
JOHN M. MCKIM SURVEY, ABSTRACT 889, AND THE J. DURRETT SURVEY,
ABSTRACT 350, TOWN OF PROSPER, DENTON COUNTY TEXAS, BEING
ALL OF A TRACT CONVEYED TO GEORGE L. MCCASLAND, BY DEED
RECORDED IN DOCUMENT NUMBER 2022-128993 OF THE OFFICIAL
PUBLIC RECORDS OF DENTON COUNTY, TEXAS, IN THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS FROM AGRICULTURAL (A) TO
PLANNED DEVELOPMENT-135 (PD-135), DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE-
25-0006) from George L. McCasland (“Applicant”), to rezone 49.9 acres of land, more or less,
situated in the J. Durrett Survey, Abstract 350, Tracts 2 & 2A, and John M. McKim Survey,
Abstract 889, Tract 4, in the Town of Prosper, Denton County, Texas, and being more particularly
described in Exhibit “A-1” and Exhibit “A-2”, attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 49.9 acres of land,
more or less, situated in the J. Durrett Survey, Abstract 350, Tracts 2 & 2A, and John M. McKim
Page 146
Item 14.
Case No. ZONE-25-0006 Ordinance No. 2026-__, Page 2
Survey, Abstract 889, Tract 4, in the Town of Prosper, Denton County, Texas, and all streets,
roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned
Development-135 and being more particularly described in Exhibit “A-1” and Exhibit “A-2”,
attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Development Standards, attached
hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Development
Schedule, attached hereto as Exhibit E; (4) the Conceptual Elevations, attached hereto as Exhibit
F; and (5) the Landscape Plan, attached hereto as Exhibit G, all of which are incorporated herein
for all purposes as if set forth verbatim.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
Page 147
Item 14.
Case No. ZONE-25-0006 Ordinance No. 2026-__, Page 3
expressly provided that all remaining portions of this Ordinance shall remain in full force and
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THE 24TH DAY OF MARCH, 2026.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 148
Item 14.
Exhibit A-1Zone-25-0006Page 149Item 14.
POINT OF
BEGINNING
Doc. No. 2021-63248
OPRDCT
Doc. No. 2017-89464
OPRDCT
Doc. No. 2021-12954
OPRDCT
Doc. No. 2007-139928
OPRDCT
Doc. No. 2021-121368
OPRDCT
Doc. No. 2022-27503
OPRDCT
90' Right-of-Way
60' Right-of-Way
Doc. No. 2019-65177
OPRDCT
Existing Zoning: Agriculture
Proposed Zoning: Planned Development Single-Family (2.49 Lots/Acre)
Document No. 2022-128993
OPRDCT
49.980 Acres
( 2,177,145 S.F.)120' Right-of-WayScale: 1" = 150' April, 2025 SEI Job No. 24-202
S
N
W E
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPELS No. F-2121 And No. F-10043100
Contact: Tristan Poore
ZONE-25-0006
EXHIBIT A-2 (Survey)
McCasland Tract
2,177,145 SQUARE FEET OR 49.98 ACRES OF LAND,
OUT OF THE
JOHN M. MCKIM SURVEY
ABSTRACT NO. 889
J. DURRETT SURVEY
ABSTRACT NO. 350
TOWN OF PROSPER
DENTON COUNTY, TEXAS
APPLICANT
M&A Development Services
1845 Woodall Rogers Freeway, Suite 150
Dallas, TX 75201
Telephone: (214) 516-5166
Contact: John Mckenzie
LEGEND
LOCATION MAP
N.T.S.
METES AND BOUNDS DESCRIPTION
”
”
”
“”
OWNER
George L. McCasland
5902 Winchester Drive
Texarkana, TX 75503
Telephone: (903) 276-4260
Page 150
Item 14.
ZONE-25-0006
-EXHIBIT B-
Letter of Intent
This planned development district is located between W Prosper Trail and Parvin Road. The area to
the south of W Prosper Trail is being developed into single-family homes while the areas to the west
and north of this tract are undeveloped. To the east there is a storage center and is planned for
medium density residential and retail.
These single-family lots will be at 2.49 units per acre with a proposed 96 single-family units on a
gross 49.98 acres and residential use net 38.5 acres. Lots will be front entry along curvilinear
streets. The proposed landscaping and amenities are included in this submittal and show how
intentional landscaping and amenity design will create a desirable community and trail system
connection.
Regards,
SPIARS Engineering
Tristan R. Poore, P.E.
Page 151
Item 14.
ZONE 25-0006
-EXHIBIT C-
Planned Development Standards
The proposed development will conform to the development standards of the Town of
Prosper’s Zoning Ordinance and Subdivision Ordinance, as they exist or may be amended,
except as otherwise set forth in these Development Standards.
1. Except as noted below, the Tract shall develop in accordance with the Single Family
– 12.5 District requirements of the Town of Prosper’s Zoning Ordinance, as it exists
or may be amended.
2. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the
attached concept plan, set forth in Exhibits D.
b. Elevations: The tract shall be developed in general accordance with the
attached elevations, set forth in Exhibits F.
3. Uses: The following uses shall be permitted:
a. Model Home
b. Single Family Dwelling, Detached
c. Accessory Building
d. Park or Playground
e. Private Recreation Center
f. Private Utility, Other Than Listed
4. Regulations: Regulations shall be permitted in accordance with the Single Family –
12.5 District and as specifled below:
a. Development Standards:
DEVELOPMENT STANDARDS –
SINGLE FAMILY – 12.5
PROSPER STANDARDS PROPOSED PD
STANDARDS
MAX DENSITY 2.5 UPA 2.5 UPA
MIN FRONT YARD SETBACK 30’ 30’
MIN SIDE YARD SETBACKS 8’ 8’
ADJACENT TO SIDE STREET 15’ 15’
MIN REAR YARD SETBACK 25’ 25’
MIN LOT DEPTH 125’ 150’
MIN LOT WIDTH 80’ 76’
MIN LOT AREA 12,500 SQFT 12,500 SQFT
MAXIMUM HEIGHT 2.5 STORIES, < 40’ 2.5 STORIES, < 40’
LOT COVERAGE 45 PERCENT 45 PERCENT
MIN ENCLOSED GARAGE AREA 400 SQFT 400 SQFT
Page 152
Item 14.
b. Lot Yield: The maximum number of single-family detached units shall be
ninety-six (96), subject to the limits per lot type specifled below.
c. Open Space and Amenities:
i. An amenity area for family-oriented activities shall be provided in the
northern central portion of this community as shown in Exhibit D. The
amenity area shall be completed prior to the issuance of certiflcates
of occupancy of greater than 50% of the homes within this
community. The program for the amenity area shall contain a
minimum of three (3) elements from the following list and must
contain at least one (1) element from numbers 1–4 as approved by the
Director of Development Services:
1. Fitness station
2. Pickleball court
3. Fishing pier
4. Children’s playground facility
5. Shade structure with seating
6. Dog park
7. Bike pump/ repair station with shade structure
8. Landscape gathering area
9. Grill & picnic area
ii. Minimum of 10% Usable Open Space Required.
iii. 5’ Sidewalks along local street sections and 8’ Trails through open
space and natural creek areas.
d. Visibility Corridor Creek View
i. A visibility corridor into the creek shall be provided at the north and
south ends of the open-space system, as generally depicted in Exhibit
D.
e. Architectural and Building Material Standards: Should a discrepancy exist
between the Town Zoning or Subdivision Ordinance and the standards within
this PD, the language herein shall prevail. The architectural and building
material standards for the single-family lots are as follows:
1. Driveways: Driveways shall be constructed of the following materials:
brick pavers, stone, interlocking pavers, stamped concrete, or concrete
with stone or brick border.
Page 153
Item 14.
2. Exterior Surfaces:
a. Masonry is deflned as clay flred brick, natural and manufactured
stone, granite, marble, 3 step stucco, and cementitious material
(20% maximum).
b. The exterior facade of a main building or structure, excluding glass
windows and doors, shall comply with the following standards:
1. The exterior facades shall be constructed of 100 percent
(100%) masonry, unless otherwise specifled herein.
2. Cementitious materials may constitute up to flfty percent
(50%) of the area for stories other than the flrst story
provided it does not exceed 20% for the entire home.
3. Any portion of an upper story, excluding windows, that
faces a street, public or private open space, public or
private parks, or hike and bike trails, shall be a minimum
of eighty percent (80%) masonry and cementitious
material may be used for up to twenty percent (20%)
provided it does not exceed 20% for the entire home.
4. The exterior cladding of chimneys shall be brick, natural
or manufactured stone, or 3 step stucco.
5. Cementitious materials may be used for architectural
features, including window box outs, bay windows, roof
dormers, garage door headers, columns, chimneys not
part of an exterior wall, or other architectural features
approved by the Director of Development Services.
3. Roofing:
a. Structures shall have a composition, slate, clay tile, standing
seam metal, or cement/concrete tile roof. Wood shingles are
prohibited. All roofs shall be guttered.
b. Metal roofs shall be non-refiective colors
4. Street Network Design:
a. Local residential streets incorporate curvilinear street alignments
Page 154
Item 14.
b. Front Setback Staggering. If curvilinear streets are provided,
standard stagger requirements shall not be required.
c. Block lengths exceeding 1,000 feet shall be permitted as shown on
Exhibit D due to constraints created by the fioodplain, required
open-space corridors, and connectivity needs.
5. Garages:
a. Dwellings shall have a minimum of two (2) car garage bays totaling
a minimum of four hundred feet (400 sf).
b. Side entry garages shall be permitted on corner lots.
c. Garage doors directly facing a street shall be located no closer
than thirty feet (30’) from the property line.
6. Plate Height: Each structure shall have a minimum principal plate height
of nine feet (9’) on the flrst fioor.
7. Air Conditioners: No window or wall air conditioning units will be
permitted on structures. All mechanical equipment (pool, air
conditioning, solar collectors, etc.) must be completely screened from
public view. A combination of screens, hedges, or walls should be used to
screen equipment or mechanical areas.
8. Porches: Porches are required for lots facing the creek or open space.
9. Anti-Monotony: Each house design shall not be the same as its
neighboring and adjacent houses.
f. Landscaping:
i. Required trees shall not be smaller than four (4) caliper inches. A
minimum of two (4) inch caliper shall be located in the front yard. The
total caliper inches shall be eleven (11) caliper inches per lot.
ii. The minimum of twenty (20) shrubs, each a minimum of three (3)
gallons in size when planted, shall be planted in the front yard of each
lot.
iii. One hundred percent of all fronts, side, and rear yards not covered by
hardscape or landscape beds shall be irrigated and sodded.
Page 155
Item 14.
iv. All foundations visible from street shall have fiower beds or evergreen
shrubs generally screening foundation.
v. Thoroughfare screening trees are to be 4” minimum.
vi. Berming is required on both Parvin Road and Prosper Trail
vii. Underbrush along creek should be cleared for more visibility and
overall tidiness of the creek banks.
Page 156
Item 14.
POINT OF
BEGINNING
Proposed Zoning: Planned Development-Single-Family
(2.49 Lots/ Usable Acre)
Document No. 2022-128993
OPRDCT
49.980 Acres
( 2,177,145 S.F.)
Doc. No. 2021-63248
OPRDCT
Doc. No. 2017-89464
OPRDCT
Doc. No. 2021-12954
OPRDCT
Doc. No. 2007-139928
OPRDCT
Doc. No. 2022-27503
OPRDCT
90' Right-of-Way
Doc. No. 2019-65177
OPRDCT
60' Right-of-Way
Scale: 1" = 150' January 26 SEI Job No. 24-202
S
N
W E
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPELS No. F-2121 And No. F-10043100
Contact: Tristan Poore
ZONE-25-0006 EXHIBIT D (Conceptual Plan)
McCasland Tract
96 SINGLE-FAMILY LOTS & 8 OPEN SPACE LOTS
2,177,145 SQUARE FEET OR 49.98 ACRES OF LAND,
OUT OF THE
JOHN M. MCKIM SURVEY
ABSTRACT NO. 889
J. DURRETT SURVEY
ABSTRACT NO. 350
TOWN OF PROSPER
DENTON COUNTY, TEXAS
APPLICANT
M&A Development Services
1845 Woodall Rogers Freeway, Suite 150
Dallas, TX 75201
Telephone: (214) 516-5166
Contact: John Mckenzie
LOCATION MAP
N.T.S.
OWNER
George L. McCasland
5902 Winchester Drive
Texarkana, TX 75503
Telephone: (903) 276-4260
Page 157
Item 14.
ZONE-25-0006
-EXHIBIT E-
Development Schedule
It is anticipated that the development will begin within 12 months after approval of zoning
ordinance.
Horizontal civil construction is estimated at 12-15 months’ completion and the construction of
single-family homes will be completed in one phase.
This schedule is subject to change due to various factors beyond the control of the developer such
as housing market conditions, construction materials and labor availability.
Let us know if you need any additional information.
Regards,
SPIARS Engineering
Tristan R. Poore, P.E.
Page 158
Item 14.
PROSPER – ELEVATIONS
Zone 25-006
Exhibit F
Elevations
ZONE-25-0006
Page 159
Item 14.
Goodland Boulevard
DD Presentation
03/13/2025
PRA
Grand Prairie, Texas
Garrison/Jones Landscape Architects
400 N Ervay St #132815
Dallas, TX 75201
0 25 50 100
This information is based on the most
current information available and is
intended for conceptual use only.
0 50 100 200McCasland Tract
Conceptual Landscape Plan
01/22/2026
M&A Development
Prosper, TX
Garrison/Jones Landscape Architects
400 N Ervay St #132815
Dallas, TX 75201 This information is based on the most
current information available and is
intended for conceptual use only.
existing creek
NOTE: All proposed parks, trails, etc within EHS
to stabilize creek bank
Total Site Area: 2,176,682 sqft
Required 10% Open Space: 217,668 sqft
Provided Open Space: 458,000 sqft existing pond
visibility corridor (N)
visibility corridor (S)
10’ trail
ZONE-25-0006
Exhibit G: Landscape Plan
10’ trail
open spaceopen space
open spaceLarger park with shade structure,
seating area and lawn
Pocket park with
seating area and lawn
Existing trees, subject to change
pending on final design and grading
town of Prosper regional trail
(12’ width)
PARVIN RD.
PROSPER RD.
bridge
floodplain
8’ trail
8’ trail
Page 160
Item 14.
0 50 100 200McCasland Tract
Program Diagram
01/22/2026
M&A Development
Prosper, TX
Garrison/Jones Landscape Architects
400 N Ervay St #132815
Dallas, TX 75201 This information is based on the most
current information available and is
intended for conceptual use only.
PARVIN RD.
PROSPER RD.
ZONE-25-0006
Exhibit G: Landscape Plan
South Pocket Park
Neighborhood
Connector
Street Frontage & Secondary Entries
•Mason Screen Wall with Masonry
Columns
•Canopy Trees 50’-0” O.C.
•Landscape & Irrigation
(Ornamental Trees, Beds, and Lawn)
Pond Amenity
•Trellis Structured at Pond
•Furnishings – Benches, Seat Walls
•Fishing Pier
•Bridge, 30ft
•Canopy Trees 50’-0” O.C.
•Landscape & Irrigation
(Ornamental Trees, Beds, and Lawn)
•Lighting & Electrical for Trees
Street Frontage & Secondary Entries
•Mason Screen Wall with Masonry
Columns
•Canopy Trees 50’-0” O.C.
•Landscape & Irrigation
(Ornamental Trees, Beds, and Lawn)
Main Entrance
•Entry Monument (Low Wall)
•Landscape & Irrigation
(Ornamental Trees, Beds, and Lawn)
•Lighting & Electrical for Signage &
Trees
North Pocket Park
(all parks & connector)
•Fitness Station
•Board on Board Wood Fence with
Masonry Columns
•Covered Gazebo
•Canopy Trees 50’-0” O.C.
•Landscape & Irrigation
(Ornamental Trees, Beds, and Lawn)
•Lighting & Electrical for Trees
•Bike pump/repair station
bridge
town of Prosper regional trail
(12’ width)
Page 161
Item 14.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Development Agreement for McCasland Tract
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for
Development
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between George L. McCasland and the Town of Prosper relative to McCasland Tract. (DEVAGRE-
26-0002)
Description of Agenda Item:
On February 10, 2026, the Town Council approved the proposed rezoning request by a vote of 6-
0 (Councilmember Bartley absent). A Development Agreement has been prepared accordingly.
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. Development Agreement
Town Staff Recommendation:
Town Staff recommend the Town Council authorize the Town Manager to execute a Development
Agreement between George L. McCasland and the Town of Prosper relative to McCasland Tract.
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a Development Agreement
between George L. McCasland and the Town of Prosper relative to McCasland Tract.
PLANNING
Page 162
Item 15.
DEVAGRE-26-0002 Page 1 of 13
McCASLAND TRACT DEVELOPMENT AGREEMENT
THIS McCASLAND TRACT ADDITION DEVELOPMENT AGREEMENT
(“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and
George L. McCasland (“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 McCasland
Tract (“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 March
10, 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 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. 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.
3. 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.
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Item 15.
DEVAGRE-26-0002 Page 2 of 13
4. 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
5. 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 Denton County, Texas. Exclusive venue for any action
arising under this Agreement shall lie in Denton County, Texas.
6. 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
If to Developer: George L McCasland
5902 Winchester Drive
Texarkana, TX 75503
7. 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).
8. 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.
9. 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
Page 164
Item 15.
DEVAGRE-26-0002 Page 3 of 13
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.
10. 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.
11. 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.
12. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Denton County,
Texas.
13. 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.
14. 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 Assign ee 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 unde r 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.
Page 165
Item 15.
DEVAGRE-26-0002 Page 4 of 13
15. 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.
16. 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.
17. Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
18. 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.
19. 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.
20. 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 a gainst any Party shall not apply.
21. 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.
22. 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.
23. 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
Page 166
Item 15.
DEVAGRE-26-0002 Page 5 of 13
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.
24. Exactions/Infrastructure Costs. Developer has been represented by
legal counsel in the negotiation of this Agreement and been advised or has had the
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 all 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.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
(INTENTIONALLY LEFT BLANK)
Page 167
Item 15.
DEVAGRE-26-0002 Page 6 of 13
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:
_________________
Page 168
Item 15.
Page 169
Item 15.
DEVAGRE-26-0002 Page 8 of 13
EXHIBIT A-1
ZONE-25-0006
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the John M. McKim Survey, Abstract No. 889 and the
J. Durrett Survey, Abstract No. 350, Town of Prosper, Denton County, Texas, being all
of a tract conveyed to George L. McCasland, by deed recorded in Document Number
2022-128993 of the Official Public Records of Denton County, Texas (OPRDCT), with
the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the south line of Parvin Road, a variable width
right-of-way, at the northeast corner of a tract of land conveyed to Prosper Meadows,
LP, by deed recorded in Document Number 2019-65177 (OPRDCT);
THENCE N 89°08’40" E, along said south line of Parvin Road, at a distance of 576.76
feet passing a 5/8" iron rod found, continuing in all a total distance of 775.24 feet, to a
PK Nail set in asphalt at the northwest corner of a tract of land conveyed to
Legacyparvin26, LLC, by deed recorded in Document Number 2021-63248
(OPRDCT);
THENCE S 00°45'36" W, 1,238.32 feet, departing said south line of Parvin Road, with
the west line of said Legacyparvin26, LLC tract, to a 5/8” iron rod found at the
southwest corner of said Legacyparvin26, LLC tract and the northwest corner of a
tract of land conveyed to Vingrids Capital LLC, by deed recorded in Document
Number 2017-89464 (OPRDCT);
THENCE S 00°35’32" W, 574.42 feet, with the west line of said Vingrids Capital LLC
tract, to a point for corner;
THENCE S 00°02’56" W, 69.42 feet, continuing with said west line of said Vingrids
Capital LLC tract, to a 1/2" iron rod found at the southwest corner of said Vingrids
Capital LLC tract and the northwest corner of a tract of land conveyed to Legacy
Storage Center, LLC, by deed recorded in Document Number 2007 -139928
(OPRDCT);
THENCE S 00°51’49" W, at a distance of 284.96 feet passing a 1/2" iron rod found at
the southwest corner of said Legacy Storage Center, LLC, continuing in all a total
distance of 397.40 feet, to a point for corner in the west line of a tract of land
Page 170
Item 15.
DEVAGRE-26-0002 Page 9 of 13
conveyed to 1185 Legacy, LLC, by deed recorded in Document Number 2021 -121368
(OPRDCT);
THENCE S 00°37’06" W, 229.75 feet, with said west line of 1185 Legacy, LLC tract, to
a 1/2" iron rod found at the southwest corner of said 1185 Legacy, LLC tract and the
northwest corner of a tract of land conveyed to Prosper Fellowship Church, by deed
recorded in Document Number 2022-27503 (OPRDCT);
THENCE S 00°34’49" W, 309.66 feet, to a point for corner in Prosper Road, a variable
width right-of-way;
THENCE S 89°25'57" W, 772.26 feet, with said Prosper Road, to a 1/2" iron rod with
plastic cap stamped “SPIARSENG" set in the apparent centerline of said Prosper
Road;
THENCE N 00°37'58" E, at a distance of 45.74 feet, passing a 5/8" capped iron rod
found at the northeast corner of a tract of land conveyed to the Town of Prosper, by
Right-of-Way deed recorded in Document Number 2023- 98156 (OPRDCT) and the
southeast corner of said Prosper Meadows, LP tract, continuing in all a total distance
of 2,815.00 feet, to the POINT OF BEGINNING with the subject tract containing
2,177,145 square feet or 49.98 acres of land.
Page 171
Item 15.
DEVAGRE-26-0002 Page 10 of 13
Page 172
Item 15.
DEVAGRE-26-0002 Page 11 of 13
EXHIBIT B
ZONE-25-0006
Architectural and Building Material Standards: Should a discrepancy exist between the
Town Zoning or Subdivision Ordinance and the standards within this PD, the language
herein shall prevail. The architectural and building material standards for the single-family
lots are as follows:
1. Driveways: Driveways shall be constructed of the following materials:
brick pavers, stone, interlocking pavers, stamped concrete, or concrete
with stone or brick border.
2. Exterior Surfaces:
a. Masonry is defned as clay fred brick, natural and manufactured
stone, granite, marble, 3 step stucco, and cementitious material
(20% maximum).
b. The exterior facade of a main building or structure, excluding glass
windows and doors, shall comply with the following standards:
1. The exterior facades shall be constructed of 100 percent
(100%) masonry, unless otherwise specifed herein.
2. Cementitious materials may constitute up to ffty percent
(50%) of the area for stories other than the frst story
provided it does not exceed 20% for the entire home.
3. Any portion of an upper story, excluding windows, that
faces a street, public or private open space, public or
private parks, or hike and bike trails, shall be a minimum
of eighty percent (80%) masonry and cementitious
material may be used for up to twenty percent (20%)
provided it does not exceed 20% for the entire home.
4. The exterior cladding of chimneys shall be brick, natural
or manufactured stone, or 3 step stucco.
5. Cementitious materials may be used for architectural
features, including window box outs, bay windows, roof
dormers, garage door headers, columns, chimneys not
part of an exterior wall, or other architectural features
approved by the Director of Development Services.
Page 173
Item 15.
DEVAGRE-26-0002 Page 12 of 13
3. Roofing:
a. Structures shall have a composition, slate, clay tile, standing
seam metal, or cement/concrete tile roof. Wood shingles are
prohibited. All roofs shall be guttered.
b. Metal roofs shall be non-relfiective colors
4. Street Network Design:
a. Local residential streets incorporate curvilinear street alignments
b. Front Setback Staggering. If curvilinear streets are provided,
standard stagger requirements shall not be required.
c. Block lengths exceeding 1,000 feet shall be permitted as shown on
Exhibit D due to constraints created by the lfioodplain, required
open-space corridors, and connectivity needs.
5. Garages:
a. Dwellings shall have a minimum of two (2) car garage bays totaling
a minimum of four hundred feet (400 sf).
b. Side entry garages shall be permitted on corner lots.
c. Garage doors directly facing a street shall be located no closer
than thirty feet (30’) from the property line.
6. Plate Height: Each structure shall have a minimum principal plate height
of nine feet (9’) on the frst lfioor.
7. Air Conditioners: No window or wall air conditioning units will be
permitted on structures. All mechanical equipment (pool, air
conditioning, solar collectors, etc.) must be completely screened from
public view. A combination of screens, hedges, or walls should be used to
screen equipment or mechanical areas.
8. Porches: Porches are required for lots facing the creek or open space.
9. Anti-Monotony: Each house design shall not be the same as its
neighboring and adjacent houses.
Page 174
Item 15.
DEVAGRE-26-0002 Page 13 of 13
10. Landscaping:
a. Required trees shall not be smaller than four (4) caliper inches. A
minimum of two (4) inch caliper shall be located in the front yard.
The total caliper inches shall be eleven (11) caliper inches per lot.
b. The minimum of twenty (20) shrubs, each a minimum of three (3)
gallons in size when planted, shall be planted in the front yard of
each lot.
c. One hundred percent of all fronts, side, and rear yards not covered
by hardscape or landscape beds shall be irrigated and sodded.
d. All foundations visible from street shall have lfiower beds or
evergreen shrubs generally screening foundation.
e. Thoroughfare screening trees are to be 4” minimum.
f. Berming is required on both Parvin Road and Prosper Trail
g. Underbrush along creek should be cleared for more visibility and
overall tidiness of the creek banks.
ELEVATIONS
Page 175
Item 15.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Notice of Appeals
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for
Development
Agenda Item:
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 and Zoning
Commission on Preliminary Site Plans and Site Plans.
Description of Agenda Item:
Attached is the Site Plan that was acted on by the Planning and Zoning Commission on March 3,
2026.
Per the Zoning Ordinance, the Town Council can direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department for any Preliminary Site
Plans and Site Plans acted on by the Planning and Zoning Commission.
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. DEVAPP-25-0153 – Jeremiah Horn Survey, Abstract 411, Tract 26 (Approved 5-0)
2. PowerPoint Slides
Town Staff Recommendation:
Town Staff recommend the Town Council take no action on this item.
Proposed Motion:
N/A
PLANNING
Page 176
Item 16.
668
6696696
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CEDAR ELM 6"(20')
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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
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CP TEST CHAIN LINK FENCECHAIN LINK FENCE
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WATER VALVE
TOP=658.53
O/NUT=667.07
BOLLARD
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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
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FL/IN=563.86 (S)
FL/IN=570.61 (W)
FL/OUT=563.84
PIPE END
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RIM=673.87
ELEC MH
ELEC MH
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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
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MAINTENANCE BUILDING
EX 3.0 MG
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PUMP ROOMCHEM
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TOP=674.98
O/NUT=670.30
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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
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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
Page 177
Item 16.
Jeremiah Horn Survey, Abstract 411, Tract 26
(DEVAPP-25-0119)
Page 178
Item 16.
Information
Purpose:
•Construct new ground storage tank on Town owned property.
•Existing Ground Storage Tanks (2)
•Existing Parking Stalls (8)
•Existing Pump Stations (2)
Page 179
Item 16.
Page 180
Item 16.
Page 181
Item 16.
Page 1 of 5
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Planned Development for Denton Way Office Park
Town Council Meeting – March 24, 2026
Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for
Development
Agenda Item:
Conduct a Public Hearing and consider and act upon a 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. (ZONE-
25-0007)
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 be 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.
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
Page 182
Item 17.
Page 2 of 5
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.
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.
Noticing:
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
Page 183
Item 17.
Page 3 of 5
Compatibility:
This zoning change would not be out of character with the existing area due to compatibility with
the surrounding properties.
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.
Current 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
Page 184
Item 17.
Page 4 of 5
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 Commercial Amusement, Sports Facility (Indoor)
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.
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.*
Page 185
Item 17.
Page 5 of 5
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 Granite
o Marble
o Stone (Natural or Manufactured)
The following are allowed on sports facilities with 40%
o Stucco (Three-Coat)
o Split-faced concrete masonry units
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.
Planning and Zoning Recommendation:
The Planning and Zoning Commission unanimously recommended approval of this item by a vote
of 5-0 at their meeting on March 3, 2026.
Proposed Motion:
I move to approve/deny a 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.
Page 186
Item 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 DevelopmentPage 187
Item 17.
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 DevelopmentPage 188
Item 17.
Future Land Use Exhibit
Page 189
Item 17.
Page 190Item 17.
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
”
”
”
”
Page 191
Item 17.
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.
Page 192
Item 17.
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
Page 193
Item 17.
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.)
Page 194
Item 17.
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.
Page 195
Item 17.
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
Page 196
Item 17.
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.
Page 197
Item 17.
Page 198
Item 17.
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
Page 199
Item 17.
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
Page 200
Item 17.
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.
Page 201
Item 17.
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.
Page 202
Item 17.
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:
Page 203
Item 17.
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.
Page 204
Item 17.
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.
Page 205
Item 17.
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
Page 206
Item 17.
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)
Page 207
Item 17.
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:
_________________
Page 208
Item 17.
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:
_________________
Page 209
Item 17.
DEVAGRE-26-0002 Page 10 of 15
Page 210
Item 17.
DEVAGRE-26-0002 Page 11 of 15
ZONE-25-0007
EXHIBIT A-2
Page 211
Item 17.
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.
Page 212
Item 17.
DEVAGRE-26-0002 Page 13 of 15
Page 213
Item 17.
DEVAGRE-26-0002 Page 14 of 15
Page 214
Item 17.
DEVAGRE-26-0002 Page 15 of 15
Page 215
Item 17.
Denton Way Office Park
ZONE-25-0007
Page 216
Item 17.
Agenda Item
Conduct a Public Hearing and consider and act upon a 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. (ZONE-25-0007)
Page 217
Item 17.
Page 218
Item 17.
Information
Purpose:
•To rezone the property from Agriculture to a Planned Development with a base zoning of Office on two
lots.
•30,000 square foot sports facility on 9.7±acres
•11 office buildings totaling 62,100 square feet on 8.1±acres
Page 219
Item 17.
Page 220
Item 17.
Page 221
Item 17.
Surrounding Zoning
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 Page 222
Item 17.
Page 223
Item 17.
Page 224
Item 17.
Page 225
Item 17.
Page 226
Item 17.
Page 227
Item 17.
Closing
Noticing:
•Friday, March 6th
•No Response
Recommendation:
•Staff: Approval
•Planning and Zoning Commission: Approval (5-0)
Page 228
Item 17.