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2026-28 O - Rezoning 60.1 acres from AG and PD-71 to PD-138 - First St & Legacy Dr - Bella ProsperTOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-28 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 60.1 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY, ABSTRACT 147, TRACTS 29, 73, AND 74, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM AGRICULTURAL (A) AND PLANNED DEVELOPMENT-71 (PD-71) TO PLANNED DEVELOPMENT-138 (PD-138), 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- 24-0025) from Alexa Knight ("Applicant"), to rezone 60.1 acres of land, more or less, Collin County School Land No. 12 Survey, Abstract 147, Tracts 29, 73, and 74, 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 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 60.1 acres of land, more or less, in the Collin County School Land No. 12 Survey, Abstract 147, Tracts 29, 73, and 74, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-138 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 Elevations, attached hereto as Exhibit F; (4) 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 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. Case No. ZONE-24-0025 Ordinance No. 2026-28, Page 2 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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THE 23RD DAY OF JUNE, 2026. Jul David F. Bristol, Mayor ATTEST: luol'illl - tkk Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Case No. ZONE-24-0025 Ordinance No. 2026-26, Page 3 ztxxS. ZONE 24-0025 EXHIBIT A-1: WRITTEN METES AND BOUNDS BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being all of a called 48.090 acre tract of land described in a Special Warranty Deed with Vendor's Lien to Prosper Prairie LLC, as recorded in Instrument No. 2023000090239 of the Official Public Records of Collin County, Texas, being all of a called 6.217 acre tract of land described as Tract 1 and all of a called 5.875 acre tract of land described as Tract 2 in a Special Warranty Deed with Vendor's Lien to PTP Retail Holdings LLC, as recorded in Instrument No. 2023000113173 of the Official Public Records of Collin County, Texas, and being a portion of a called 1.686-acre tract of land described in a Right of Way Deed to Town of Prosper, Texas, recorded in Instrument No. 20220209000224300, said Official Public Records, same being a portion of First Street (Country Road No. 3), a variable width right of way, and being more particularly described as follows: BEGINNING at a 1 /2 inch iron rod found for the southwest corner of said 48.090 acre tract, common to the northwest comer of a called 11.859 acre tract of land as described in a deed to Mahard Resorts LLC, as recorded in Instrument No. 2023000090178 of the Official Public Records of Collin County, Texas, same being on the easterly line of a called 78.483 acre tract of landas described in a Special Warranty Deed with Vendor's Lien to Legacy and First LP, as recorded in Instrument No. 20200618000919920 of the Official Public Records of Collin County, Texas; THENCE North 00°05'43" East, along the westerly line of said 50.02 acre tract and the easterly line of said 78.483 acre tract, passing at a distance of 1331.33 feet the southwest corner of said 1.686 acre tract on the southerly right of way line of said First Street, and continuing along the same course, along the westerly line of said 1.686 acre tract and crossing said First Street, for a total distance of 1378.32 feet to a point for corner in the centerline of said First Street, and at the beginning of a non -tangent curve to the right with a radius of 1,190.00 feet, a central angle of 15011'21 ", and a chord bearing and distance of North 81017'10" East, 314.55 feet, from which, a 1 /2 iron rod with busted plastic cap found for the northwest corner of said 1.686 acre tract bears North 00005'43" East, 44.60 feet; THENCE in an easterly direction departing the westerly line of 1.686 acre tract, along the centerline of said First Street and crossing said 1.686 acre tract, with said non -tangent curve to the right, an arc distance of 315.47 feet to a point for corner on the northerly line of said 1.686 acre tract and the southerly line of a called 1.325 acre tract of land described in a Right of Way Deed to Town of Prosper, Texas, as recorded in Instrument No. 20211228002596420 of the Official Public Records of Collin County, Texas; THENCE North 89'26'15" East, along the northerly line of said 1.686 acre tract and the southerly line of said 1.325 acre tract, and continuing along the centerline of said First Street, a distance of 1210.98 feet to 1/2 inch iron rod found for the northeast corner of said 1.686 acre tract, common to the southeast corner of said 1.325 acre tract, the southwest corner of a called 1.377 acre tract of land described in a Right of Way Deed to Town of Prosper, Texas, as recorded in Instrument No. 20211228002596590 of the Official Public Records of Collin County, Texas, and the northwest comer of a called 1.377 acre tract of land described in a Right of Way Deed to Town of Prosper, Texas, as recorded in Instrument No. 20211015002111910 of the Official Public Records of Collin County, Texas; THENCE South 00°00'23" East, departing the centerline of said First Street, along the easterly line of said 1.686 acre tract, the easterly line of said 48.090 acre tract, the easterly line of said Tract 2, the westerly line of said 1.377 acre tract and the westerly line of a called 188.635 acre tract of land described in a Trustee's Deed and Bill of Sale to M.A.H.G. Partnership, as recorded in Instrument No. 20100601000545080 of the Official Public Records of Collin County, Texas, a distance of 1943.66 feet to the southeast corner of said Tract 2, from which, a 1/2 inch iron rod with plastic cap stamped "RPLS 6677" found for witness bears South 77°06' East, a distance of 0.24 feet; THENCE South 89°22'36" West, departing the westerly line of said 188.635 acre tract and along the southerly line of said Tract 2, a distance of 19.32 feet to a point at the beginning of a tangent curve to the right with a radius of 505.00 feet, a central angle of 05032'47", and a chord bearing and distance of North 87°51'01" West, 48.87 feet; THENCE in a westerly direction continuing along the southerly line of said Tract 2, with said tangent curve to the right, an arc distance of 48.89 feet to a point for corner; THENCE North 85004'37" West, continuing along the southerly line of said Tract 2 and along the southerly line of said Tract 1, a distance of 484.73 feet to a point at the beginning of a tangent curve to the left with a radius of 595.00 feet, a central angle of 05032'47", and a chord bearing and distance of North 87051'01" West, 57.58 feet; THENCE in a westerly direction continuing along the southerly line of said Tract 1, with said tangent curve to the left, an arc distance of 57.60 feet to a point for corner; THENCE South 89022'36" West, continuing along the southerly line of said Tract 1, a distance of 130.29 feet to a point for corner; THENCE North 86°48'19" West, continuing along the southerly line of said Tract 1, a distance of 150.32 feet to a point for corner; THENCE South 89°22'35" West, continuing along the southerly line of said Tract 1, a distance of 222.35 feet to a point for the southwest corner of said Tract 1, being on the easterly line of a called 11.859 acre tract of land described in a deed to Mahard Resorts LLC, as recorded in ,Instrument No. 2023000090178 of the Official Public Records of Collin County, Texas; THENCE North 03010'52" East, along the westerly line of said Tract 1 and the easterly line of said 11.859 acre tract, a distance of 287.00 feet to a point at the beginning of a non -tangent curve to the right with a radius of 580.00 feet, a central angle of 17°41'25", and a chord bearing and distance of North 12054'09" East, 178.37 feet; THENCE in a northerly direction continuing along the westerly line of said Tract 1 and the easterly line of said 11.859 acre tract, with said non -tangent curve to the right, an arc distance of 179.08 feet to the northwest corner of said Tract 1, common to the northeast corner of said 11.859 acre tract, being on the southerly line of aforesaid 48.090 acre tract; THENCE South 89026'39" West, along the southerly line of said 48.090 acre tract and the northerly line of said 11.859 acre tract, a distance of 468.79 feet to the POINT OF BEGINNING and containing 61.743 acres (2,689,531 square feet) of land, more or less. 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The Property is shown on the Town's Future Land Use Map to be within the Dallas North Tollway District and is a proposed, planned development intended to provide for, and encourage development of, a cohesive master planned community that allows for the flexibility of land uses within. The vision for the property is to have a pedestrian oriented community of compatible mix of residential and commercial land uses. The development will have an "all -day" environment with an active component morning, afternoon and evening, through the careful planning of an increased office component, a curated retail mix, hospitality, and a central water oriented public realm. The central water amenity and park esplanade is envisioned for both those who live and work within the development and the Prosper community to use when they dine at the restaurants and shop in the retail. This will be a development that provides a sense of place to live, work, and play within the Town of Prosper. The PD is a district that accommodates planned associations of uses developed as integral land use units such as retail, restaurants, hotel, office, day care, and residential townhome units, or any appropriate combination of uses that may be planned, developed, or operated as integral land use units either by a single owner or a combination of owners. Additionally, the standards are intended to promote an efficient, pedestrian -access network that connects the residential and office to the restaurant and retail parcels. The planned development generally addresses the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment. This is accomplished by the following: ■ Utilizing the natural drainage -way path that bisects the property as a focal point of open space and water feature in the heart of the development; and • Ensuring buildings relate appropriately to surrounding developments and streets which create cohesive visual identity and attractive street scenes; and Ensuring site design promotes efficient pedestrian and vehicle circulation patterns; and - Ensuring the creation of high -quality street and sidewalk environments that are supportive of pedestrian mobility and that are appropriate to the roadway context. The use provisions define land uses and the siting and character of the improvements and structures allowed on the land in a manner that encourages a balanced and sustainable mix of uses. These uses may be combined either vertically in the same building, or horizontally in multiple buildings, or through a combination of the two as depicted on the Concept Plan. ZONE-24-0025 EXHIBIT C DEVELOPMENT STANDARDS Development within this Planned Development (PD) District will conform to the development standards of its specified subdistrict (Neighborhood or Retail) and will follow the additional regulations outlined below and meet the intent of the Concept Plan that is attached as Exhibit D and the permitted uses as noted herein. All proposed land uses are appropriate for the Dallas North Tollway District and comply with the Town's Future Land Use Plan. These planned development regulations will hold precedence over any conflicting regulations created by any current or future overlay district, design guidelines and/or the Town's Zoning Ordinance. Development Plan Concept Plan: A. The Property shall be developed in general accordance with the attached Concept Plan set forth in Exhibit D. However, the Concept Plan is illustrative in nature and does not reflect the exact footprint of proposed buildings nor layout of the associated parking. B. Development Triggers: a. The residential portion of the development shall have a maximum of 86 townhomes. b. The full length of Mahard Parkway (60' ROW), including sidewalks, located on the Property and as shown on the concept plan, will be built with the townhome development (phase 2). c. The commercial development proposed along First Street (phase 1 — 60,950 sf) must have an approved site plan, foundation in, and be released for vertical construction prior to the townhomes commencing vertical construction. d. Notwithstanding the aforementioned, phases 2 through 4 shown on Exhibit D, are only provided as estimates of development phasing and buildings with associated parking are fungible within these phases. The market will dictate how development will occur in phases 2 — 4. Administrative: A. Amendments to the Concept Plan shall be classified as major or minor. a. Minor amendments shall include corrections of distances and dimensions, adjustments of building configuration and placement within the respective sub -district, realignment of drives and aisles, layout of parking, adjustments to open space, landscaping and screening, changes to utilities and service locations which do not substantially change the original plan. The Director of Development Services or his/her designee may approve a minor amendment administratively or if they deem the changes to be a Major Amendment, send to the Planning and Zoning Commission and Town Council for consideration. b. Maior amendments shall include a change in pennitted land uses or any modification to development standards outlined herein. Major amendments will be considered by the Planning & Zoning Commission and Town Council. 1) SECTION 1: NEIGHBORHOOD SUB -DISTRICT a) Neighborhood Sub -District i) General Description The neighborhood sub -district is identified along the western portion of the Property and contains 86 townhome units. This district is meant to provide the residents of Prosper a denser residential product with their own amenity center and open space provided within their district. The neighborhood district has direct access to the neighboring retail district which is supported by the thoroughfares. ii) Permitted Uses The following uses are allowed by right: a maximum of 86 townhomes, amenity facilities, and private open space. b) TH - Townhome District i) General Description The Townhome District will provide for development of attached residential dwelling units in structures accommodating three to six units. This district is a high -density district, not to exceed ten units per gross acre (10 UPA). The standards in this district are intended to promote stable, quality multiple occupancy residential development at increased densities. Other uses, such as parks, trails, open spaces or community gather spaces, will be provided to maintain a balanced, orderly, convenient and attractive sense of place for the residents. (1) Regulations (a) Maximum Permitted Density: Ten (10) units per acre. (b) Size of Yards: (i) Minimum Front Yard —25 feet. (ii) Minimum Side Yard Zero feet for the side of a unit that is attached to another unit. 1. Ten feet for the side of a unit at the end of the structure; 15 feet on corner lot adjacent to side street. 2. Each townhome should be constructed on a single lot. No multiple townhomes on a single lot permitted. (iii)Minimum Rear Yard — 25 feet. (c) Size of Lots: (i) Minimum Lot Area — 2,500 square feet per dwelling unit. (ii) Minimum Lot Width — 20 feet per dwelling unit. (iii)Minimum Lot Depth — 100 feet. (d) Minimum Dwelling Area: 1,300 square feet. (e) Maximum Height: Forty-five (45) feet (as measured from the finish floor to the top plate), or three (3) stories. (f) Lot Coverage: 70 percent. (g) Minimum Open Space: 20 percent. The open space shall be located on the Townhome development. Open space areas can be less than 20,000 square feet but not less than 10,000 square feet minimum and an amenity center may count towards the open space requirement. 2) SECTION 2: RETAIL SUB -DISTRICT a) Retail District i) General Description The Retail District is established to provide locations for various types of general retail, medical and professional office, a hotel, service uses, and a day care facility. ii) Development within the Retail District should utilize established landscape and buffering requirements other than a zero (0) foot buffer along retail sub district roadways. iii) Parking along the east side of the retail sub district roadway, within Tracts 3 and 6 shall be dedicated within a Property Owners Association (POA) Lot to be shared amongst Tracts 1 — 7. A shared parking analysis and agreement will need to be completed during the site plan stage. (1) Retail Regulations (a) Size of Yards: (i) Minimum Front Yard 30 feet. (20 feet along Retail Sub -District Roadway) (ii) Minimum Side Yard: 1. Fifteen feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. 2. Thirty feet for a one story building adjacent to a residential district and 60 feet for a two-story building adjacent to a residential district. 3. Thirty feet adjacent to a street. (iii)Minimum Rear Yard: 1. Fifteen feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. 2. Thirty feet for a one story building adjacent to a residential district and 60 feet for a two-story building adjacent to a residential district. (b) Size of Lots: (i) Minimum Size of Lot Area 10,000 square feet. (ii) Minimum Lot Width 100 feet. (iii)Minimum Lot Depth 100 feet. (c) Maximum Height: Two (2) stories with the exception of the retail with office above building that wraps the parking structure. This building may have the maximum of six (6) stories. (d) Lot Coverage: 40 percent. (e) Floor Area Ratio (FAR): Maximum 0.8:1. (f) Minimum Open Space: Seven (7) percent and can be consolidated with overall district (g) Landscape Buffer (i) Landscape buffer should follow Town Ordinance other than a zero -foot (0') buffer along retail sub district roadways. (2) Motel Reeulations (a) Hotel, Full Service. Full -Service Hotel developments shall be subject to the following development standards: (i) External balconies and walkways shall be set back 200 feet from any residential zoning district in place at the time of this ordinance's approval. (ii) Shall provide management staff on -site 24 hours a day. (iii)Shall provide at least one of the amenities from the list below: 1. Indoor or Outdoor Swimming Pool; or 2. Spa, Sauna, or Wellness Facility (iv) Shall also provide at least three additional amenities from the list below (excluding the amenity selected to satisfy the previous section): 1. Indoor or Outdoor Swimming Pool 2. Spa, Sauna, or Wellness Facility 3. Weight Room/Fitness Center 4. Playground 5. Sports Court 6. Game Room 7. Jogging Trail 8. Executive or Club Lounge (v) Shall provide a full -service restaurant offering three meals a day. (vi)Shall provide concierge services and room service for at least breakfast and dinner. (vii) Shall provide a minimum total of 10,000 square feet of indoor meeting/event space. (viii) No more than 5% of the total number of guest rooms shall have cooking facilities. (ix)All room units must be accessed through an internal hallway, lobby or courtyard. (x) Hotel building height: (xi)Minimum: four (4) stories (xii) Maximum: eight (8) stories (3) Office Regulations General Description The office may accommodate a variety of office developments providing for professional, financial, medical, and similar services for local residents. (a) Size of Yards: (i) Minimum Front Yard 30 feet. 1. Minimum Side Yard: Ten feet adjacent to a nonresidential district. 2. Twenty-five feet for a one story building adjacent to a residential district and forty feet for a two-story building adjacent to a residential district. (ii) Minimum Rear Yard: 1. Ten feet adjacent to a nonresidential district. 2. Twenty-five feet for a one story building adjacent to a residential district and forty feet for a two-story building adjacent to a residential district. (b) Size of Lots: (i) Minimum Size of Lot Area 7,000 square feet. (ii) Minimum Lot Width 70 feet. (iii)Minimum Lot Depth — 100 feet. (c) Maximum Height: Six (6) stories on Tract 6 and three (3) stories on Tract 7. (d) Lot Coverage: 30 percent. (e) Floor Area Ratio (FAR): Maximum. 0.5 :1. (f) Minimum Open Space: Seven (7) percent and can be consolidated with overall district Permitted Uses on the Property The following business establishments shall be permitted on the Property: Items listed are allowed by right; Designation by, (S) - permitted by special use permit. Schedule of Permitted Business Establishments Neighborhood District: Townhome Park or playground Amenity center Retail District: Administrative, medical, insurance or professional office Alcoholic Beverage Sales Antique shop Automobile paid parking lot/garage Automobile parking lot garage Bank, savings and loan, or credit union Beauty salon / Barber shop as an incidental use Big box S Business service Catering business Childcare center Commercial amusement, indoor S) Farmers Market Food truck park(only forspecial events Furniture, home furnishings and appliance store Government office Gymnastics /Dance studio Health / Fitness center Hotel, full service House of worship_ Meeting / banquet / reception facility Mobile food vendor Museum / art gallery Administrative, Medical, or Professional Office Government Office Insurance Office Park oUlayground Print shop, minor Restaurant without drive-thru or drive in service Restaurant with drive through service S Retail stores and shops Retail /service incidental use School, private or parochial S School public Theater, neighborhood Theater, regional Veterinary clinic and/or kennel, indoor Wireless communications and support structures cell tower S 1) SECTION 3: BUILDING DESIGN STANDARDS The Building Design Standards and Guidelines for the Bella Prosper District shall establish a coherent urban character and encourage enduring and attractive development, ensuring the preservation, sustainability, and visual quality of this unique environment. Buildings shall be located and designed so that they provide visual interest and create enjoyable, human -scale spaces. The key design principles are: i) New buildings should utilize building elements and details to achieve a pedestrian - oriented public realm. ii) Compatibility is not meant to be achieved through uniformity, but through the use of variations in building elements to achieve individual building identity. iii) Building facades should include appropriate architectural details and ornamentation to create variety and interest. iv) Open space(s) should be incorporated to provide usable public areas integral to the urban environment. a) General to all Sub -Districts or Tracts i) Building Height (1) Maximum Building Height: Varies. See each land use district. (2) Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 20% of the first -floor footprint may exceed the height limits by up to twenty (20) feet. (3) Mechanical equipment, including mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, provided that: 1.) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2.) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building fagade(s) or as architectural embellishments as described above. Mechanical equipment shall not be visible from the public right-of-way, measured at six (6) feet above finish grade at the Fire, Access, Utility, and Drainage Easement Line. ii) Minimum Building Height by use type: (1) Office: one (1) story. (2) Townhome: two (2) stories. (3) Hotel: four (4) stories. (4) Retail/Restaurant: one (1) story. b) Office Design Standards i) The ground floor condition for office shall have a minimum of 12 feet ceiling and 14- foot floor to floor. ii) Decorative or enhanced concrete tilt wall shall be a permitted material for up to twenty five percent (25%) of any fagade; however, it shall not be permitted on primary facades facing hotel frontage, open space, park space, or streets. iii) Buildings shall incorporate architectural detailing, fagade articulation, and material changes (masonry). c) Design of Parking Structures i) Above -grade parking structure facades along all rights -of -way shall be designed with both vertical (fagade rhythm of 20 feet to 30 feet) and horizontal (aligning with horizontal elements along the block) articulation. ii) Where above -grade structured parking is located at the perimeter of a building with frontage along any right-of-way, openings in their facades shall not exceed 55% of the fagade area. The portion of the parking garage that is visible from the street shall have an architecturally finished fagade compatible with the surrounding buildings. Screening may be achieved through the use of louvered, solid or opaque vertical screening elements. Permitted materials shall be metal, glass, pre -cast concrete, masonry or concrete block. iii) When parking structures are located at corners, corner architectural elements shall be incorporated such as corner entrance, signage, glazing and vertical elements that accentuate the parking structure's vertical circulation. iv) Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. v) Parking structure ramps shall not be directly fronting any right-of-way. vi) Parking Structure Height: No parking structure shall be taller than the primary building it serves. d) Roof Form i) Buildings shall have simple, flat fronts with minimal articulations with flat or low- pitched roofs (2.5:12 or lower) with parapets. Corner hip roof elements and gable accents at the parapet may be permitted. Projecting mansard roofs shall not be permitted. e) Fagade Composition i) Storefronts on facades that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures. ii) Building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. All building elements should be compatible with the architectural style, materials, colors, and details of the building as a whole. Entrances to upper -level uses may be defined and integrated into the design of the overall building facade. iii) Buildings shall generally maintain the alignment of horizontal elements along the block. iv) Corner emphasizing architectural features, pedimented parapets, cornices, awnings, blade signs, arcades, colonnades and balconies may be used along commercial storefronts to add pedestrian interest. v) Buildings which are located on axis with a terminating street or at the intersection of streets shall be considered as feature buildings. Such buildings shall be designed with features which take advantage of that location, such as an accentuated entry and a unique building articulation which is offset from the front wall planes and goes above the main building eave or parapet line. f) Windows and Doors i) Windows and doors on right-of-way fronting facades (except alleys) shall be designed to be proportional and appropriate to the architectural style of the building. First floor windows shall NOT be opaque, tinted or mirrored glass. ii) All ground floor front facades of buildings along rights -of -way or Open Space shall have transparent storefront windows covering no less than 30% of the fagade area. iii) Upper floors along rights -of -way shall feature at least 20% transparent windows in each facade. Single tenant retail that are greater than 20,000 sf shall have no less than 20% along their primary front facade. iv) Windows and doors may require fire ratings depending upon separation per IBC/IFC. g) Building Entries: i) Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies, so they are obvious to pedestrians and motorists. ii) Each building and separate lease space at -grade along the street edge shall have a functioning primary entry from the sidewalk. Corner entries may count as a primary entry for both intersecting street fronts. h) Awnings, Canopies, Arcades & Overhangs: i) Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. ii) The material of awnings and canopies shall be architectural materials that complement the building. iii) Awnings shall not be internally illuminated. iv) Canopies should not exceed one hundred (100) linear feet without a break of at least five (5) feet. v) Canopies and awnings shall respect the placement of street trees and lighting. i) Building Articulation i) That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. ii) Building facades fronting both streets and driveways should have massing changes and architectural articulation to provide visual interest and texture and reduce large areas of undifferentiated building facades. Design articulation should employ changes in volume and plane. Architectural elements and moldings that break up the mass of the building are encouraged. j) Building Materials i) Brick, natural and manufactured stone, and curtain wall and window wall glazing shall be considered primary materials. Primary materials shall comprise at least 80% of each elevation, exclusive of doors and windows. Non -primary, or secondary materials, may include cementitious panel system, resin -impregnated wood panel system, clapboard siding and metal panel systems. ii) Where multifamily is concerned, primary materials shall be limited to brick, natural and manufactured stone, and cementitious panel system (allowed on upper floors only; none on ground floor). iii) Only primary building materials are allowed on the first floor, plus metal panel systems for non-residential uses. For purposes of this section, the first floor shall be at least fourteen (14) feet high and, at a minimum 90% shall be constructed of masonry cladding. iv) All buildings shall be architecturally finished on all sides with articulation, detailing and features. v) Roofing materials visible from any street shall be copper, factory finished standing seam metal, slate, synthetic slate, or similar materials. k) Projections into Setbacks and/or Rights -of -Way: i) The following projections shall be permitted into a Fire, Access, Utility, and Drainage Easement as allowed below, provided that 1.) no projection shall be permitted into a building setback; 2.) such projections do not extend over public rights -of -way; 3.) the property owner has assumed liability related to such projections; 4.) the property owner shall maintain such projection in a safe and non -injurious manner; 5.) no projections allowed over franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finished grade; and 6.) no projections allowed over public utility where located within a fire lane or public utility easement. (1) Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twenty-four (24) inches beyond a building face or architectural projection into the setback, but not the Fire, Access, Utility, and Drainage Easement. (2) Business signs and roof eaves may project up to ten (10) feet beyond the building face or architectural projection into the setback, but not the Fire, Access, Utility, and Drainage Easement. (3) Architectural projections, including balconies, bays, towers, and oriels; show windows (I" floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to ten (10) feet beyond the building face into the setback, but not the Fire, Access, Utility, and Drainage Easement. (4) Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the Fire, Access, Utility, and Drainage Easement to be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than twenty-four (24) inches from the back of curb and does not extend over any fire lane or public utility easement. 4) SECTION 4: LANDSCAPE ENHANCEMENTS a) Mahard Parkway Landscape and Pedestrian Easement Mahard Parkway shall be constructed with a minimum ten -foot (10') wide meandering sidewalk located within a forty -foot (40') landscape and pedestrian easement. Said sidewalk shall be installed during Phase 2 of the development. b) Programmed Open Space — Tracts 5 and 6 The open space area shared between Tract 5 and Tract 6 shall be designated and maintained as programmed open space. Open space requirements for tracts within the Planned Development that do not independently meet the applicable open space requirements for their respective use may be satisfied through the provision of programmed open space located on Tract 5 and Tract 6, subject to compliance with this Planned Development and all applicable City standards. c) Monument Feature A monument feature shall be provided at the northeast corner of Mahard Parkway and Lovers Lane to serve as a gateway to the district. d) Landscape Standards See Appendix A for landscape standards for the Property. Shall also include concrete edging around landscaping throughout the development. 5) SECTION 5: ROADWAY DESIGN CRITERIA a) Street Section `C-C', as depicted in Exhibit D, within the Townhome Subdistrict may be reduced to a 55-foot right-of-way cross section. This shall require approval from the Town's Engineering Department to accommodate a 25' front yard setback. b) Thoroughfares within the Retail Subdistrict shall have a 26-foot right-of-way section as depicted in Exhibit D Section E-E. These shall require approval from the Town's Engineering Department. c) Driveway stacking requirements along thoroughfares shall be met at the Mahard Parkway Intersections d) Thoroughfares within Retail Sub District shall be approved as fire apparatus access roads. Appendix A PROSPER LANDSCAPE DESIGN STANDARDS April20th, 20: 3- NOW RESIDENTIAL l A- INTERIOR PARKING REQUIREMENTS EHH :15 SF of landscape are for every 1 sparkingspace :20 SF of landscape are for every 1 sparking, space 5 SF additional landscape required :1 large 3" cal. tree for every 10 parking spaces .1 large V cal. tree for every 10 parking spaces larger catipet trees requred :3 ornamental trees (6' min. ht ( for can be substituted for a Marge tree (up to 25%of required trees) Landscape island at the end of each parking row Each island contains at least one large tree (Max 15 parking spaces without a landscape island IB - OPEN SPACE Any element that is not paving, parking islands, building footprint, utility yards (landscape setbacks sidewalks or detention ponds tOpen Space must be 7% of lot area. Open Space must be 10%of lot area. 3%of lot area increase tC - PERIMETER REQUIREMENTS 25' width from back of property line along major ROW :L5' width from collector streets 30' for Preston Road, University Drive, and Dallas Parkway :1 large Y cal. tree for eve 30' LF frontage 1 large 4" cal. tree for every 30' LF frontage lar ersall er trees requited 15 5 gat. shrubs for every 30' LF frontage .20 3 gat. shrubs for eve 30' LF frontage 5 additional shrubs per 37 added D - BUILDING LANDSCAPE REQUIREMENTS Foundation planting required for building 100.000 SF or larger (Foundation planting required for buildings 50,000 SF or larger Erna llef bulidirigs require fo[mdatfon p(arriting 1 Large 3" caliper tree per 10,000 SF building area Marge 4" caliper tree per 10.000 SF building area larger caliper trees required Trees within 30' of building face ,Can be within tree grates, grouped. or singular trees within 4' of back of curb must be in grates I5 smallertrees =1 large tree M�•• atif + — �NH LONbld 1d30N00 SVX31'2A.ISO'dd dO NMOl g' .4, a BUJOH<<AaIW!)j d 1181HX3 a3dSOLld H1139 4 NY, .� o ° � r flf 1 � � •r � � s+ y— o w7�.�_, Z w W � —oo��� � zu i ! � � j .. ¢ -y. •a x s :, s � f Lam. � r fj ooi�w—w •aw_ �� � 3 .lag" zaNw�oa< fill f ; i 6 i t 1 I�• w�"ww=o�a���w l NNW m� m� � i I )Jij _ Lj + l I :77 7—;,.LU +i 9 �.I ❑ � r IT Nil Of I S j 1 NV'-1d JNISVHd SVXDi 'd9dSONd �O NMOl �s F I� ILL u.IOH15i(<Aalwi ` d 1I81HX3 IL ( N3dSOad `d1139 ern. Lq FN l' ii ! 9 a Y ■ � � maw W `a°o UL oo =t4�r3 2 00 °o a - o= w w it 4 L M oozo } p p 7 3 y r - F (y WT I p Q g f 2 11 LJ f --- ��- - 3 !]� �C c_w b 1- i3= S� i 1181HX3 win y emu`. •.N �� ,.arnio SHX31 'N3dSOad d0 NMOl N01103S 133b1S w� ; OLL VjW.rA y ` !° yz Cl 1181HX3 H3dSO2Jd V1138 t� 0 d oo 1 F ! 2 W N a°LLJ IS ooifE o IN A 15#1 ll�}33.. a i; F - gS q y w '.: n ¢ CD - -wl uj ... ❑ avra,a;raoHrr,vr, -�- m 9A33k1ti , GIN a = ----------------------_-- --- - - t: ;r; -�—': 1191HX3 NV�d JNISVHd svx31'a3dsoad �o Nnnol r w — — — '" b3dSO2Jd V1139 g uJOH { Wi� ;� �,�"w a3dSOad V1139 Y• I I IJ I I I III f NJr A • i f 6 1 l i t t 1 f / 11 S i $ F618 1 ��p; . w ;4k V11 c� 1)p CIP jr irr` a ii _ !Iyk Jr"F wl�? I , EXHIBIT E DEVELOPMENT SCHEDULE Below is the anticipated project schedule for the proposed Bella Prosper development in accordance with the Town's submittal checklist. This schedule is conceptual and subject to change based on permitting, entitlements, and market conditions. 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