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08-055 - OTOWN OF PROSPER, TEXAS AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 202.573 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY LAND SURVEY NO. 12, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY -15 (SF -15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -MIXED USE (PD -M); 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 Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from MF 380 Tollway West, L.P. ("Applicant") to rezone 202.573 acres of land, more or less, situated in the Collin County Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County, Texas; 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: SECTION 1: FindiiVs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No, 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 202.573 acres of land, more or less, situated in the Collin County Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development -Mixed Use (PD -M). The property as a whole and the boundaries for each zoning classification are more particularly described in 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 Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards and design guidelines, attached hereto as Exhibit "C"; 3) the conceptual land use plan, attached hereto as Exhibit "D", "D-115, "D-2", and "D-3"; 4) and the village thoroughfare plan, attached hereto as Exhibit "H"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be fled and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be fled 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. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area to be amended. 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 No. 05-20, or 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 any and 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 No. 05-20 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 THIS 8TH DAY OF JULY, 2008. ATTESTED TO AND 4attC RECTLY DECO hew Denton, TRMC Town Secretary APPROVED AS TO FORM: harles Niswanger, Mayor of PRO `fr caw.g,"►� w na s ! O 0 aa W • , s 40 qb a°op mow` k (. `� !�- 2 W of DATE OF PUBLICATION. { _ �tV1 , euls — Collin County Addition ZONED: SP 10/129 CURRENT LAND I/ �E, A5RICULIURAL PROSPER -LEGACY LAKES, LTD - C C.F./ 200609 ' 2001315720 C DA C.T ETJ CURRENT LAND U5E, A&RICUL.TURAL JAMES B. BELL. JR, AND WIFE PECGY M. BELL 1 VOL- 5988, PC. 3863 D.R.C.C.T. f ETJ CURRENT LAND UW. A-91R4CUI.TURAL PROSPER 110 ON 380, LTO. C,C,F.0 200608010DIO85930 D.R.0-C.T. N89'28' ZONED: OFFICE / 5ERVICe GURREW LAND USE: A6RICULIVIRAL 2DD6 PROSPER PARTNERS, LP C.C.F.1 20070323000391310 DRCC.T, 47' P1G,11.1X-aeAT E4SCa&x}rT mAlrr Dr tatx., TEx4s D C€P,FC.C.T. 9 763 .C.T, d41a/AIW 19, 19 PR O: PLANNED DEVELOPMENT (Ofi7CF -mWm)- S ZONEM 9P-15 OfiRItgNTLALL . AgMM PARM i M A.N.O, PAR114ERSTiIP C.G.F.! 02-•11038959 C.C.F. 32-0042,827 II 92.30 ACNES ORM AREA MET AREA PARCH II LLA.N.C. PARTNER9fIP I C.C.F. 92-OW89S9 ay C.C.F. 32-•0042827 „, .ft,C.C.t {iy' 110.86 ACRES ETJG1FIRENJG 115E COMMERCIAL Y -C NURSERIES, INC. VOL. 4917, PG. 2974 D.R.C.C.T. U s 0 CITY OF FRISOO Note: Except as shown, no 100 -year flood plain exists Dn this properly. 1'IPf ETJ CURRENT LAND UW- COMMERCIAL MARILYNN RICHTER VOLUME 4097, PAGE 1096 D.R.0 C.T. ETJ CAIRRENT LAND USe: Re-SIDENCE CIPROSPER TOLLWAY PARTNERS, LP. VOLUME 6049, PACE 312 D.R.C,C,T. eTJ e4apEITF LAND Um. CDH!-ER,lA,L MCCINNI$ FARMS, INC. VOL. 4919. PG. 1793 D,R.FG.Y. 14.80 ACRES 41 IrOF %1 - to In TSI4D I z yC� W ,Ili P,-111. L,a9'�6ri RD V dy) `y AFO LAND COMPANY, RlR g - LLC. VOL 4599, T, 2164 to rj W ddy}dV 41 JJ FF �a o 01ARRE41' LAND, Val, FRf � i5 PRESACANT TI .NIC. 03 5 VOL 4474, PG. 988 v�1 N89 -39'24-E 1297.47' 202.57 ACRES 1ft50 ACRES PROPOSED 20" LINE 94.44 AfltES PROPOSED ZONNIG: PLANNED DEVELOPMENT (OFFICE. RETAIL, MCM-US c) OAUtCW L,40 Uft AMC.LLTWtM. PARCEL R Y.A-H.6. PARTNERSHIP GC.F912-0036959 C.C.rj 92-0042927 A'=T. 110.86 ACM 7S vmm TRAlislom" PrOAR TAsTIteNr Cry 4tr NN M erg& 939, PG 3234 D.R. C.C.T. -_-________--_r_-_ CS N N ?N- DOD 150 O 900 6007 I'-900•-0' BRENDA J SAVOY SECOND TRA' VOL 4140, PG. 127 LEL1A JOYI:E tvl D.R.C.C.T. VOL 3493, PG. D.R.C.C.T, a a+C ,Oa M tow ZONED, RE'FAIL/COHNERCIAL NRTREW LAND USE, AO RICULTURAL MF 380 IOLLWAY EAST, LP C.C.F.# 20D70601000772640 D.R.C.C.L A-5'00'00" R=11459,16' L=1000,01' T=500.32' CB=SO2'04'26"W C=999.69' cull' r R11 -p 141 3 L IROEO= SET O'W SITE r L LOCATION # / O "` NVY 3B0 O MFL FENCE POST FOUND -_ 000110" INVESTMENTS, LTD. VOL. 5931, PG. 1651 D.R,C.C,T, 183,342 ACRES LOCATION MAP N.T.S. dX L IROEO= SET O'W IRON ROD FOUND O "` PX NAIL FOUND O MFL FENCE POST FOUND -_ ASPHALT PAVEMENT EXHIBIT A 6Ew6 a pared of land locotod. F the To•h M FreaP", Cohn taxdy, Teroo, a Pat of ihr Cape Countr Ikltael Land SW,ey No. 14 Aaelroal Nomb&r 647, 6,d't oR UeeI 9239 w,. kawt M Ibod daMa-d w PWC -41 and n Roue of that 110.86 Otto k4cf 411aavtl discli 4d as Pofed 0 con wRod is ki') 1,O. Parlocrahl, record€d i. County penia no ria 9't,-.0ow 9, and County Dews Two Na 92 0642627, Cohn, Caney Deed ito-se, and being furlh" del ub" as raF9wlc 190INNNC at a 6n hol Inch Yon red found to the rw th."I 4anef of mad, Pored L sold Poem wkg lhr norlh.aal -0 M 6 Vool of land COh"yk4l to Wnwa 0. 11,14 ,V. end •ffk Pa y Re 806 racwid,.d In val, - 595% Page 3563, Cdr- county Cwwd R.Cmd...am Pahl letklg M Rha ooulh Hot 01 001 treat o1 teed woeltjed fo 206 F rOfper PottMom 1P, racaded In Count CloWs File No. ,70070323000391NG, toah wanly Dam Raea4a, and sold POW owing In th. cans., N CM01ty Rood No, k t1 Nonp 89 deg,.- 36 minulw 49 eefooh E --t, 1332,71 f..l along Ina Aalh 11.0 01 Wald Powd I and 61m9 the aentwr of County Rood No 3 to a one-half inch Hon rod bund fcf cornu, THENCE ofe" the cog the of am Pored 1 oa f000.x South 00 tw..e 37 mYw1.1 09 awaonda Egli. 499.13 goal to a ma -ho" inch Iron rad found for oarner; Swtb 00 paged.. 32 mWvl- 59 ..coal! [owl, 664,37 feet to o ah4-half inch won rod Tdr,d far cern,,, Soalh 010 &glee 34 M16'.166 52 9-oodo fell. 65).64 lest to 0 4nrnalf kewh Iran ad found Raw comae; $Win e0 9091- 31 h"Ire 42 e0cande foot, 631.172 fowl 1. 0 ono -hall I"b ken rod found 1. the no th *1� OF .aid Fare.) N; 710110E North 09 degree* 39 mMlutee 24 A.eeApe EWL 1297.47 fall along the hath line of fold Pacal It Io a p61n1 In Rho cant., of the Da.ot Nath ToiFwy to roHabk width right-Pl-way); n ENM e" Inw went" of to. Odfu. Nath Talle49y a, left- S- L+ m 4e91d" 34 mle,uin 26 Be4Mds Mel. 720,73 feat Ie n Pool, tx come, S4vIhw4sterlyl IBOO.OI furl 010PO a CW" to Int dolt handling on ng a Canted nl OS dyne% Orl rnlfvAes OD aeco,de• a MdA.4 4r 1140 r5 (M1, o tom9kal at 690.32 foot, and whole shad bMwo South 02 daglrl 04 mMrlso 25 ..twode NRI, M,ft fart lc 6 Point fw conler- SwO, GO degrwa 25 -*.tae 34 roconds E -L 933,44 loot to a point r9udd a1 Rho 'MIM" Flwre4at1", all the Dal" North 7-Raoy wlih U. S Howay 360 to 1 Raaf. width Fight -of -way, TXEliLE SaAh s9 "was Be .1-t- 57 -.ands Wool, 1615.77 feet slag In. cwnlMMa of US Hlghmy 350 to o Point for comer. TFOICE NWth 00 dagraea 10 rnteutot 16 aewaerea Coal, 3W O$ kw1 Re a one-Fth trod p "Do"d F the rail line W 0-044 Pott" I, 066 P9h1 4" the ~11bbOal to ntf 91 a tiatt of Nnd dewcanwyrd la oF1. Litt w aF reedad Cantly Clan'. F" Ito. 2G071XWOOM020, C4alin County d Raaa'rd6 111,04t a 4 Yin al, as -deega atsa431 mt%A" 30 -Condo NwL 9,77,35 fact 0" the west Dna at mid Plea }aW&d toe eawv, ouW pdnl oeNg u4. nnrlPh 2474, Cabin. Ir"t dt Imo r -a eyed la Y -C IIur.Nlee; tot, ae fecordtd F VOlwna 4917, Cad,ty Goad R.eard'1 aW mW poi,& bekg h Ih4 wool now or o lrnrt m fond te."d io Prow., 110 an 550, 00 Pe rouadad N County C1a,k". File Pio, 2006D601O61CBM30. Cdlh Ca mLy Owed Retatdfc 1f10iCE Nath Do dag o. 24 utew 51 second. East 974.29 feel d.9 th. weal Ilse o/ said rofp4r 110 4n Sek L.1 nut" to a onr-hoef In Ch Von rat founds line wall fro of sold Parcel H, THOU Nzwkik e9 degre- 28 m1 -t- 46 -wand. W-1. 38.26 tool along the ,.at In. .1 sold P.,.,1 and along the Baal Ilse or -old PI -0- 110 - 360• LTD, to o an. -WI Fah Han rod found for cornu: 711iNCC Nunn 60 hp 00 mutat- 43 Xacmda Winn, 21134,01 14al along the Meat Ane of paid Parch I to In P01fi! 1}F 89GW C and sa Rini g 207.57 Pcrar. Thle doaum.M sow nw.o under 22 TAO 063-21, does not rollout the wount, al en on the g5yeBend wunay, IVId Sa 1 la be used la Can vey w aataeiah FI"MIs n rent PraprrtY eacop shade eight, and nl"d.l. 10NOW 9r nlabr0A0d ay iha e+rollon or r4wanDg&rallon o1 the D-day d U. Po911cd eluodi". far whkh 11 tow Frepwad, GAN 6. RAHSEV, R9.LS Na. 4172 F7. d.... a4. a a a •., FS�;1v FO 9 EXHIBIT A MF 380 TOLLWAY WEST, LP, 202.973 ACRES OUT OF COLLIN COUNTY SCHOOL LAND SURVEY NO, 12, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS M.A.H.% PARTNERSHIP OWNER 10305 CRITTENDON DRIVE (214)599-01852 DALLAS. TEXAS 75229 MF 380 TOLLWAY WEST, LP. APPLICANT 4515 LOVERS LANE, SUITE 350 (214}599-01352 DALLAS, TEXAS 75225 ,ZONES alt BOYO. INC. PLANNER SURVEYOR NC NEER '17090 altos Parkway, Sults 200 (972)24$-71p76 Dotlo6, Taxos 75248 MAY 5. 20DO Sheaf 1 of 1 .9 EXHIBIT A BEING a parcel of land located in the Town of Prosper, Collin County, Texas, a part of the Collin County School Land Survey No. 12, Abstract Number 147, and being all that 92.30 acre tract of land described as Parcel I and a part of that 110.86 acre tract of land described as Parcel II conveyed to M.A.H.G. Partnership recorded in County Clerk's File No. 92-0036959, and County Clerk's File No. 92-0042827, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found for the northwest corner of said Parcel I, said point being the northeast corner of a tract of land conveyed to James B. Bell, Jr. and wife, Peggy M. Bell recorded in Volume 5988, Page 3863, Collin County Deed Records, said point being in the south line of that tract of land conveyed to 206 Prosper Partners, LP. recorded in Count Clerk's File No. 20070323000391310, Collin County Deed Records, and said point being in the center of County Road No. 3; THENCE North 89 degrees 35 minutes 49 seconds East, 1332.71 feet along the north line of said Parcel I and along the center of County Road No. 3 to a one-half inch iron rod found for corner; THENCE along the east line of said Parcel I as follows: South 00 degrees 37 minutes 09 seconds East, 499.13 feet to a one-half inch iron rod found for corner; South 00 degrees 32 minutes 59 seconds East, 884.32 feet to a one-half inch iron rod found for corner; South 00 degrees 34 minutes 52 seconds East, 651.64 feet to a one-half inch iron rod found for corner; South 00 degrees 31 minutes 42 seconds East, 651.92 feet to a one-half inch iron rod found in the north line of said Parcel II; THENCE North 89 degrees 39 minutes 24 seconds East, 1297.47 feet along the north line of said Parcel II to a point in the center of the Dallas North Tollway (a variable width right-of-way); THENCE along the center of the Dallas North Tollway as follows: South 04 degrees 34 minutes 26 seconds West, 720.73 feet to a point for corner; Southwesterly, 1000.01 feet along a curve to the left having a central angle of 05 degrees 00 minutes 00 seconds, a radius of 11459.16 feet, a tangent of 500.32 feet, and whose chord bears South 02 degrees 04 minutes 26 seconds West, 999.69 feet to a point for corner; South 00 degrees 25 minutes 34 seconds East, 933.44 feet to a point found at the centerline intersection of the Dallas North Tollway with U. S. Highway 380 (a variable width right-of-way); THENCE South 89 degrees 56 minutes 57 seconds West, 1615.77 feet along the centerline of U.S. Highway 380 to a point for corner; THENCE North 00 degrees 10 minutes 18 seconds East, 1667.88 feet to a one -inch iron pipe found in the west line of said Parcel II, said point being the northeast corner of a tract of land conveyed to DF1, LLC as recorded in County Clerk's File No. 20070619000836920, Collin County Deed Records; THENCE South 89 degrees 43 minutes 30 seconds West, 927.35 feet along the west line of said Parcel II to a one -inch iron pipe found for corner, said point being the northwest corner of a tract of land conveyed to Y -C Nurseries, Inc. as recorded in Volume 4917, Page 2974, Collin County Deed Records, and said point being in the east line of a tract of land conveyed to Prosper 110 on 380, LTD as recorded in County Clerk's File No. 20060801001085930, Collin County Deed Records; THENCE North 00 degrees 24 minutes 51 seconds East, 974.29 feet along the east line of said Prosper 110 on 380, LTD. to a one-half inch iron rod found in the west line of said Parcel I; THENCE North 89 degrees 28 minutes 46 seconds West, 3 8.2 8 feet along the west line of said Parcel I and along the east line of said Prosper 110 on 380, LTD. to a one-half inch iron rod found for corner; THENCE North 00 degrees 00 minutes 43 seconds West, 2684.01 feet along the west line of said Parcel I to the POINT OF BEGINNING and containing 202.57 acres. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. re�,� DAN B. kAr, R.P.L.S. No. 4172 6125107 r^r of LN .DUNE 12, 2008 . walk `,-rive Ilk cit, . . oi'_ 4L A A.y, CONTRIBUTORS Beeler Guest Owens Architects TOWN OF PE, IMM®VA . emmeope Deshm + DeweNpment John J. Will 25 Moblend hrk Villas. Sts 100. u 501 Bello, TN 75205.214697-9901 GPB `' -- Jones & Boyd, Inc. lFoUNDER i OREL \ND Engineering . Development • Construction Ff uf i t- . v41'�, '�ti 4 • ' w .:� �r t F r -w . v41'�, 4 f 4 U -i 0 0 CLI IL y 4-1 CUD6- iL N' CL 4.1 N - 44 4 ) _u y 4-1 CUD6- CL 4 ) _u Nk whs I i W I "-I lip - 5. � I., I Ake i - gall 12 < M 4-3 E FL E 0 O F2- UJ U, in 4-S E VL 41 Lu EO - U) Z :3 tj "X-1 ILL I L:: � I EL Ln �aJ LLJ z Mi CL 4.31 to Z Uj z10 CL U- (L z a WIN LIM NEW. --j now, -AMOK A-A=MMI; 97 ®r I -A 73ir I . . two. NEW. --j now, -AMOK A-A=MMI; 97 ®r I -A I . . two. IT I :1 I&Vw­ � � \ §*: r 000000 A - 'low, - 14 M�Aw oC Q Z U Z w m N oC Q O Z Q H ((i z U.1 a.O J W W D E7 c W I N > PLANNED DEVELOPMENT NO. EXHIBIT B --PLANNED DEVELOPMENT PURPOSE AND INTENT: This planned development is intended to provide for and encourage development that contains a compatible mix of residential, office, and commercial uses within close proximity to each other, rather than separating uses. The use provisions define land uses and the siting and character of the improvements and structures allowed on the land in a manner that encourages a balanced and sustainable mix of uses. These uses may be combined either vertically in the same building, or horizontally in multiple buildings, or through a combination of the two. Additionally, the standards are intended to promote an efficient pedestrian -access network that connects the nonresidential and residential uses. The planned development generally addresses the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment. This is accomplished by the following; * Ensuring buildings relate appropriately to surrounding developments and streets which create cohesive visual identity and attractive street scenes. ■ Ensuring site design promotes efficient pedestrian and vehicle circulation patterns. • Ensuring the creation of high quality street and sidewalk environments that are supportive of pedestrian mobility and that are appropriate to the roadway context. Ensuring large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity and attractive street scene. In order to implement this vision, the standards affecting development are intended to be consistent with the overall goal. To accomplish this goal, the area has been subdivided into a series of sub -districts with development restrictions that will be necessary to achieve their collective individuality. The purpose of sub -district requirements is to define the character of new development within each sub -district. They have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. JUNE 12, 20o8 PAGE EXHI BIT C--SUB-DISTRICT REGULATIONS: DOWNTOWN SUB -DISTRICT PURPOSE & INTENT The purpose of the Downtown Sub -District is to encourage the creation of a pedestrian -oriented, vertically integrated, mixed-use, urban environment, providing shopping, employment, housing, business and personal services. The Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. SITE CRITERIA A. SIZE OF YARDS: The Downtown Sub -District is to be an area with a mixture of moderately intense uses that are developed surrounding an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. 1. Minimum Front Yard: a. On Dallas Parkway and SH 38o: Thirty (30) feet. b. On all other streets: Ten (1o) feet. 2. Minimum Side Yard: Zero (o) feet. 3. Minimum Rear Yard: Zero (o) feet. B. BUILD -TO -LINE: On streets with on -street parking, a build -to -line shall be required. A "build -to -line" is a line parallel to a public or private street where the primary fagade of the building must be built to. 1. Buildings with non-residential uses on the first floor: A build - to -line shall be established at the minimum front yard setback. The primary facade shall be continuous along a JUNE 12, 2Oo8 PAGE 2 block face and at least 70% shall be located adjacent to the build -to -line. 2. Buildings with residential uses on the first floor: The primary fa4ade of a residential dwelling shall be built 1o' from the property line. Stairs, stoops, and elevated patios shall be allowed within the front setback. Any land remaining in the setback shall be landscaped with plant materials other than grass and shall be irrigated per the requirements established. C. SIZE OF LOTS: 1. Minimum Size of Lot Area: Three thousand (3,000) square feet. 2. Minimum Lot Width: Fifty (50) feet. 3. Minimum Lot Depth: Sixty (6o) feet. D. MAXIMUM LOT COVERAGE: One hundred (loo) percent. E. FLOOR AREA RATIO: Maximum 5.0:1. F. HOUSING: The maximum number of dwellings allowed within the Downtown Sub -District shall be 2,000. The following performance standards however, shall apply to residential development. 1. The minimum density allowed shall be 40 units/net acre. 2. A minimum of 75% of the first floor square footage of all buildings containing residential units shall be used for nonresidential uses. 3. A minimum of 8o% of the first floor nonresidential square footage of buildings containing residential units shall have Certificates of Occupancy issued for them prior to the issuance of any building permit for an additional phase of residential units subsequent to the first phase. 4. A minimum of 75% of the residential units of each phase must be leased prior to the issuance of any building permit for an additional phase of residential units subsequent to the first phase. 5. Upon request of the Director of Development Services, actual tenant names and leasing contact information shall be provided to the Town staff for verification that the leases needed to validate items 3 and 4 above are third -party, arms -length, and bona fide commercial and residential leases. 6. The first phase of residential development shall consist of no less than 600 units and no greater than 1,200 units. This first phase shall be constructed within the Downtown Sub -District. JUNE 12, 20o8 PAGE 3 7. Development of residential units in the Uptown Sub -District shall not take place until a minimum 80% of the first floor nonresidential square footage of buildings containing residential units in the Downtown Sub -District has Certificates of Occupancy issued for them. G. PARKING: 1. The number of parking spaces provided for uses shall be in accordance with the breakdown established in the "GENERAL REQUIREMENTS" section of these standards. i. Required parking shall be located and maintained anywhere within the Downtown Sub -District. 3. On -street parking and shared parking anywhere within the Downtown Sub -District may be counted towards meeting the off- street parking requirement for any use within the sub -district. 4. All off-street parking shall be located to the side or rear of the property behind the front building lines. Exceptions to this requirement include lots containing surface parking only and multiple fronted lots. Where on -street parking is provided, angled, as well as parallel parking shall be permitted. However, no on -street parking shall be permitted within 30' of the cross curb line for a cross street, drive, or common access easement. 6. Where on -street parking is provided, vehicle maneuvering shall be allowed within the 7• Et1 public right-of-way. Additionally, where off- street parking is adjacent to a "Village Lane", the maneuvering for that parking shall be allowed within the right-of-way of the "Village Lane". Parking may be located in structured garages provided the garages are located generally in the center of a property and lined with building. When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. g. Parking aisles, where practicable, shall be designed to be perpendicular to the front of the 10 primary building in the development. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. JUNE iz, 2008 PAGE 11. Speed bumps/humps are not permitted within a fire lane. 12. Dead-end parking aisles are not permitted. 13. In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Director of Development Services the parking for two (2) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: a. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. b. The applicant shall submit a parking analysis, done by a registered engineer, to the Director of Development Services for his approval. c. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:0o P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Director of Development Services. H. SERVICE EQUIPMENT AND AREAS: 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed behind or on the side of a building. On corner lots, these areas should be located behind the buildings. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. SCREENING: 1. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets. 2. Solid waste collection and loading areas shall be located to minimize visibility. These areas shall be screened by a six (6) foot high wall built with the same materials as used for the principal building, or an otherwise approved solid masonry material. Trash compactors shall be treated comparably with the height of the screening being a minimum eight (8) feet tall. Trash dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall generally remain closed at all times. JUNE 12, 2008 PAGES J. FENCING: Fencing is allowed between the primary facade of the building and the property line. In the above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least 50% open in construction for each resident!al unit or retail/restaurant/office/service lease space. Each residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to the street. K. STREETS AND SIGHT TRIANGLES: Within the Downtown Sub -District the following street design standards shall apply. 1. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles, per the Town of Prosper's requirements, for vehicles exiting the development for both public streets and private driveways shall be provided at intersections with Dallas Parkway and US Highway 380. 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (i) feet in height and tree branching shall provide seven (7) feet of clearance measured from the top of the ground surface to the first branch along the tree trunk. L. Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Prosper. LANDSCAPING: The standards and criteria contained in this Section are the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance, the regulations of this Section shall apply. Unless specifically identified in this Section, new developments shall comply with the landscape standards established in the Town of Prosper Zoning Ordinance as of the date of adoption of this ordinance. 7. A landscaped area consisting of living trees, — - turf, or other living ground cover and being at least thirty (30) feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on all properties adjacent to Dallas Parkway and US Hwy 380. One (1) large tree, three (3) inch caliper minimum per thirty (30) feet of linear roadway frontage JUNE 92, 20o8 PAGE 6 3• shall be planted within the required landscaped area. The trees may be planted in groups with appropriate spacing for species. A minimum fifteen (15) shrubs with a minimum size of five (5) gallons each will be planted in the landscaped area for each thirty (30) feet of linear frontage. Parking abutting the landscaped area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. A "Buffer Region" which shall be located in the right-of-way, shall be established along streets which have on -street parking. The Buffer Region shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. The region shall be planted with street trees located a minimum four (4) feet from the curb, at an average spacing not greater than thirty (30) feet on center. All trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. The landscaping shall be provided, installed, and maintained by the developer and/or the owner of the adjacent property. In addition, the region is intended for the placement of street furniture including seating, street lights, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks, public utility equipment such as electric transformers and water meters, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Any non -structured, off-street, surface parking that contains twenty (20) or more spaces shall provide interior landscaping as follows: a. Fifteen (15) square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking area. b. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. c. Landscaped islands shall be located at j the terminus of all parking rows and shall t contain at least one (1) large tree, three (3) inch caliper minimum, with no more than fifteen (15) parking spaces permitted in a continuous row without being interrupted by a landscape island. d. Landscaped islands shall be a minimum of one hundred sixty (16o) square feet, not less than nine (g) feet wide and a length equal to the abutting space. JUNE 12, 2Oo8 PAGE e. There shall be at least one (1) large tree, three (3) inch caliper minimum, within one hundred fifty (150) feet of every parking space. 4. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 %) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be utilized with approval from the Town as part of the Final Site Plan process. BUILDING CRITERIA The standards and criteria contained in this Section are the minimum standards for all new development. The regulations of this Section shall apply where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance. 3 A. TRI -PARTITE ARCHITECTURE: All multi -story, mixed use buildings shall be designed and constructed in tri -partite architecture so they have a distinct base, middle, and top. B. MAXIMUM BUILDING HEIGHT: 1. Buildings Other than a Hotel: Five (5) stories, no greater than eighty (80) feet. 2: Hotel: Twelve (12) stories, no greater than one hundred eighty (180) feet. For purposes of this section, a mix of uses, both residential and nonresidential, may be located in U building classified as a hotel. In all instances, the hotel portion of the building shall comply with the definition of a hotel established in the Town of Prosper Zoning Ordinance. Parking Structures: In no instance shall a parking structure be taller than the building it is closest to. Notwithstanding, the maximum height for a parking structure shall be eighty (80) feet. 4. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (20) feet. JUNE 12, 2008 PAGE 8 5. 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 fa4ade(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 high at the right-of-way line. C. MAXIMUM BUILDING LENGTH: Buildings shall not be longer than three hundred and thirty (330) feet without an unconnected physical separation of at least fifteen (15) feet between another building. D. BUILDING MATERIALS: 1. Only durable materials such as clay fired brick, natural and manufactured stone, granite, marble, and stucco shall be considered primary materials. Primary materials shall comprise as least ninety (go) percent of each floor, exclusive of doors and windows. For purposes of this section, window walls shall be considered windows. 2. Only primary building materials with the exceptionof stucco, are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. Stucco shall be allowed as a primary building material above the first floor. For purposes of this section, the first floor shall be at least nine (g) feet high. 3. No single building material shall cover more than eighty (80) percent of the front of any building. 4. Secondary materials used on a building fa4ade are those which comprise not more than a total of ten (1o) percent of an elevation area. Permitted secondary materials are aluminum or other metal, cedar or similar quality decorative wood, EIFS, or other materials as approved by the Planning & Zoning Commission. 5. All buildings shall be architecturally finished on all sides with articulation, detailing, and features. Architectural articulation, detailing, and features are not required for facades adjacent to a building or parking garage. - 6. An architectural design that does not conform with the specific requirements of this Section, but which has merit by making a positive JUNE 12, 20o8 PAGE 9 contribution to the visual environment may be submitted for consideration to the Planning and Zoning Commission in conjunction with the final site plan submittal process. E. WINDOW AREAS: For buildings which front on streets with on -street parking and contain nonresidential uses on the ground floor, between forty (40) and seventy-five (75) percent of the ground floor fa4ade shall be windows. a. Clear glass is required in all nonresidential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is prohibited. Windows shall have a maximum exterior visible reflectivity of ten (1o) percent. b. Pink or gold glass shall be prohibited. c. Windows shall be vertical in proportion by a ratio of 1.25:1 or more (height to width). Multiple vertical windows however, may be placed together to form a compound window which may be wider than it is tall. F. BUILDING ENTRIES: 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. z. 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. G. AWNINGS, CANOPIES, ARCADES, & OVERHANGS: 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. 2. The material of awnings and canopies shall be architectural materials that complement 3• 4• 5• the building. Awnings shall not be internally illuminated. Canopies should not exceed one hundred (loo) linear feet without a break of at least five (5) feet. Canopies and awnings shall respect the placement of street trees and lighting. JUNE 12, 20o8 PAGE 10 6. All structural columns that support a canopy shall have a masonry (or other approved material) finish. Materials used on columns and canopies shall be complementary to the building. H. BUILDING ARTICULATION: 1. That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. i. 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 fagade. Design articulation should not apply evenly across the building fa4ade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. I. ABOVE GRADE STRUCTURED PARKING: 1. At least forty (40) percent of the area occupied along the street level fa4ade of any parking structure that is adjacent to a sidewalk or street right-of-way shall be developed for active nonresidential uses. i. Where parking garages are within views of streets, openings in parking garages shall not exceed 55% of the fa4ade area. The portion of the parking garage that is visible from the street shall have an architecturally finished fa4ade compatible with the surrounding buildings. 3. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. J. PROJECTIONS INTO SETBACKS AND/OR RIGHTS-OF-WAY: The following projections shall be permitted into a building setback or right-of-way as allowed below, provided that 1) no projection shall be permitted into a building setback or right-of-way of Dallas Parkway or US Highway 380; i) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non -injurious manner. JUNE 1z, zoo8 PAGE 11 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection into the setback, but not the right-of-way. 2. Business signs and roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection into the setback, but not the right-of-way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1St floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way 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. 5. Below -grade footings approved in conjunction with building permits. PERMITTED USES List of Permitted Uses: Uses followed by an "S" are permitted by Specific Use Permit. Uses followed by a "C" are permitted subject to conditional development standards located in the Town's Zoning Ordinance as it exists at the time of adoption of this ordinance. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial ---C • Antenna and/or Antenna Support Structure, Non-Commercial—C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility ---S • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage JUNE 12, 2Oo8 PAGE 12 Automobile Parking Lot/Garage Bank, Savings and Loan, or Credit Union Beauty Salon/Barber Shop Bed and Breakfast Inn Beer & Wine Package Sales—C Building Material and Hardware Sales, Minor Business Service Caretaker's/Guard's Residence Civic/Convention Center College, University, Trade, or Private Boarding School Commercial Amusement, Indoor Community Center Convenience Store without Gas Pumps Dance Hall ---S Day Care Center, Child—C Day Care Center, Incidental --S Dry Cleaning, Minor Farmer's Market Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Furniture, Home Furnishings and Appliance Store Governmental Office Gymnastics/Dance Studio Health/Fitness Center Home Occupation Hospital Hotel House of Worship Household Appliance Service and Repair Insurance Office Laundromat Locksmith/Security System Company Massage Therapy, Licensed Mini -Storage Facility ---S Mobile Food Vendor—C Multifamily Dwelling Multi -Tenant Office Building Municipal Uses Operated by the Town of Prosper Museum/Art Gallery Nursery, Minor Park or Playground Pet Day Care ---C Print Shop, Minor JUNE 12, zoo8 PAGE 13 • Private Club—S Private Recreation Center ---C Private Utility, Other than Listed Real Estate Sales/Leasing Office Recycling Collection Point • Rehabilitation Care Institution—S • Restaurant or Cafeteria ---C • Restaurant, Drive In • Retail Stores and Shops • Retail/Service Incidental Use • School, Private or Parochial • School, Public • Stealth Antenna, Commercial—C • Studio Dwelling • Telephone Exchange Temporary Building—C • Theater, Regional • Utility Distribution/Transmission Facility—S • Veterinarian Clinic and/or Kennel, Indoor • Work/Live Units (Property that has been specifically designed for use both as a residential unit and an employment space. While the segregation of uses may take place vertically, they will be located in the same leasable area, be accessed by the same doorway and may or may not share plumbing.) JUNE 12, zoo8 PAGE 14 OFFICE PARK SUB -DISTRICT PURPOSE & INTENT SITE CRITERIA A. SIZE OF YARDS: The purpose of the Office Park Sub -District is to provide for a variety of developments in a "suburban" type setting which will provide office space for professional, financial, medical, and similar services. Additional facilities within this sub- district are intended to accommodate corporate offices for regional and national operations. 1. Minimum Front Yard: Twenty-five (25) feet. i. Minimum Side Yard: a. Ten (1o) feet adjacent to any nonresidential district. b. Twenty-five (25) feet for a one (1) story building adjacent to property zoned to a single family zoning district. Forty (40) feet for a two (i) story building adjacent to property zoned to a single family zoning district. Where buildings exceed two (i) stories in height, the setback shall be forty (40) feet plus the height of the building above two (i) stories where the building is adjacent to property zoned to a single family zoning district. 3. Minimum Rear Yard: a. Ten (1o) feet adjacent to any nonresidential district. b. Twenty-five (25) feet for a one (1) story building adjacent to property zoned to a single family zoning district. Forty (40) feet for a two (i) story building adjacent to property zoned to a single family zoning district. Where buildings exceed two (i) stories in height, the setback shall be forty (40) feet plus the height of the building above two (z) stories where the building is adjacent to property zoned to a single family zoning district. B. MAXIMUM LOT COVERAGE: Fifty (50) percent. Parking structures and surface parking facilities shall be excluded from lot coverage computations. C. FLOOR AREA RATIO: Maximum 5.0:1. D. MAXIMUM FLOOR AREA PER BUILDING: Six hundred thousand (600,000) square feet. JUNE 12, 20o8 PAGE 15 E. PARKING: 1. The number of parking spaces provided for uses shall be in accordance with the breakdown established in the "GENERAL REQUIREMENTS" section of these standards. i. When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. 3, Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. 4. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. 5. Where on -street parking is provided, vehicle maneuvering shall be allowed within the public right-of- way. Additionally, where off-street parking is adjacent to a "Village Lane", the maneuvering for that parking shall be allowed within the right-of-way of the "Village Lane". 6. Speed bumps/humps are not permitted within a fire lane. 7. Dead-end parking aisles are not permitted. 8. In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Planning Director the parking for two (i) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: a. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. b. The applicant shall submit a parking analysis, done by a registered engineer, to the Planning Director for his approval. c. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:oo P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Planning Director. F. SERVICE EQUIPMENT AND AREAS: 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed JUNE 1z, zoo8 PAGE 16 behind or on the side of a building. On corner lots, these areas should be located behind the buildings. z. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. G. SCREENING: 1. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets. z. Solid waste collection and loading areas shall be located to minimize visibility. These areas shall be screened by a six (6) foot high wall built with the same materials as used for the principal building, or an otherwise approved solid masonry material. Trash compactors shall be treated comparably with the height of the screening being a minimum eight (8) feet tall. Trash dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall generally remain closed at all times. H. LANDSCAPING: The standards and criteria contained in this Section are the minimum standards for all new development. Unless specifically identified in this Section, new developments shall comply with the landscape standards established in the Town of Prosper Zoning Ordinance. 1. A landscaped area consisting of living trees, turf, or other living ground cover and being at least twenty-five (25) feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on all properties adjacent to a major or minor thoroughfare as defined by the Town of Prosper Thoroughfare and Circulation Design Standards. One (1) large tree, three (3) inch caliper minimum per thirty (30) feet of linear roadway frontage shall be planted within the required landscaped area. The trees may be planted in groups with appropriate spacing for species. A minimum fifteen (15) shrubs with a minimum size of five (5) gallons each will be planted in the landscaped area for each thirty (30) feet of linear frontage. Parking abutting the landscaped area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. 2. A landscaped area consisting of living trees, turf, or other living ground cover and being at least fifteen (15) feet in width measured from the property line interior to the property shall be provided adjacent to all streets where no on -street parking is provided except for those streets identified in (1) above. The landscape requirements identified in (1) above shall also be required for these streets. 3. Any non -structured, off-street, surface parking that contains twenty (20) or more spaces shall provide interior landscaping as follows: JUNE 1i, 2008 PAGE 17 H a. Fifteen (15) square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking area. b. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. c. Landscaped islands shall be located at the terminus of all parking rows and shall contain at least one (1) large tree, three (3) inch caliper minimum, with no more than fifteen (15) parking spaces permitted in a continylous row without being interrupted by a landscape island. d. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not less than nine (g) feet wide and a length equal to the abutting space. e. There shall be at least one (1) large tree, three (3) inch caliper minimum, within one hundred fifty (150) feet of every parking space. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (i %) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be utilized with approval from the Town as part of the Final Site Plan process. BUILDING CRITERIA The standards and criteria contained in this Section are the minimum standards for all new development. The regulations of this Section shall apply where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance. A. MAXIMUM BUILDING HEIGHT: 1. Twelve (12) stories, no greater than one hundred eighty (180) feet. i. Parking Structures: In no instance shall a parking structure be taller than the building it is closest to. Notwithstanding, the maximum height for a parking structure shall be eighty (80) feet. 3. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, JUNE 12, 20o8 PAGE 18 domes, and roof forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (zo) feet. 4. 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 fa�ade(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 high at the right-of-way line. B. BUILDING MATERIALS: i. Only durable materials such as clay fired brick, natural and manufactured stone, granite, marble, stucco, architectural concrete block, and architecturally finished concrete tilt wall shall be considered primary materials. Primary materials shall comprise as least ninety (go) percent of each floor, exclusive of doors and windows. For purposes of this section, window walls shall be considered windows. It Only primary building materials with the exception of stucco, are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. Stucco shall be allowed as a primary building material above the first floor. For purposes of this section, the first floor shall be at least nine (g) feet high. - -r — 3. Secondary materials used on a buildingfarade are those which comprise not more than a total of ten (10) percent of an elevation area. Permitted secondary materials are aluminum or other metal, cedar or similar quality decorative wood, EIFS, or other materials as approved by the Planning & Zoning Commission. 4. All buildings shall be architecturally finished on all sides with articulation, detailing, and features. Architectural articulation, detailing, and features are not required for facades adjacent to a building or parking garage. 5. An architectural design that does not conform with the specific requirements of this Section, but which has merit by making a positive contribution to the visual environment may be submitted for consideration to the Planning and Zoning Commission in conjunction with the final site plan submittal process. JUNE 12, zoo8 PAGE19 C. WINDOWS: Clear glass is required in all nonresidential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is prohibited. Windows shall have a maximum exterior visible reflectivity of ten (1o) percent. Pink or gold glass shall be prohibited. D. HORIZONTAL ARTICULATION: For buildings three (3) stories or shorter, no building wall shall extend for a distance equal to four (4) times the wall's height without having an off -set equal to 25% of the wall's height. The new plane shall then extend for a distance equal to at least 25% of the maximum length of the first plane. E. BUILDING ENTRIES: Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. F. ABOVE GRADE STRUCTURED PARKING: 9 Where parking garages are within views of streets, openings in parking garages shall not exceed 55% of the fa4ade area. The portion of the parking garage that is visible from the street shall have an architecturally finished fa4ade compatible with the surrounding buildings. 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. PERMITTED USES List of Permitted Uses: Uses followed by an "S" are permitted by Specific Use Permit. Uses followed by a "C" are permitted subject to conditional development standards located in the Town's Zoning Ordinance as it exists or may be amended. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial ---C • Antenna and/or Antenna Support Structure, Non-Commercial—C • Assisted Care or Living Facility ---S • Automobile Paid Parking Lot/Garage JUNE 12, 20o8 PAGE 20 Automobile Parking Lot/Garage Bank, Savings and Loan, or Credit Union Business Service Caretaker's/Guard's Residence Civic/Convention Center College, University, Trade, or Private Boarding School Community Center Corporate Campus Day Care Center, Child—C Day Care Center, Incidental Dry Cleaning, Minor Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Governmental Office Health/Fitness Center Home Occupation Hospital House of Worship Insurance Office Massage Therapy, Licensed Mobile Food Vendor—C Multifamily Dwelling as Identified on Exhibit D Multi -Tenant Office Building Municipal Uses Operated by the Town of Prosper Museum/Art Gallery Park or Playground Print Shop, Minor Private Club—S Private Recreation Center ---C Private Utility, Other than Listed Real Estate Sales/Leasing Office Rehabilitation Care Institution—S Restaurant or Cafeteria Retail/Service Incidental Use School, Private or Parochial School, Public Stealth Antenna, Commercial—C Studio Dwelling Telephone Exchange Temporary Building—C Utility Distribution/Transmission Facility—S JUNE 12, 2008 PAGE 21 UPTOWN SUB -DISTRICT PURPOSE & INTENT The purpose of the Uptown Sub -District is to encourage the creation of a pedestrian -oriented, mixed-use, transitional environment by providing opportunities for leisure activities, employment, housing, and business services. The Uptown Sub -District is, intended to be the linkage between the suburban neighborhoods of Prosper and the more urban environment of the Downtown Sub -District. This is achieved by promoting a mix of moderately intense uses that are developed around an identifiable central open space. This central element creates a public place where people can gather throughout the year irrespective of where they live or work in Prosper. SITE CRITERIA A. SIZE OF YARDS: I. Minimum Front Yard: a. On Lovers Lane and the North-South Arterial: Twenty-five (25) feet. b. On all other streets: Ten (1o) feet. 2. Minimum Side Yard: Zero (o) feet. 3. Minimum Rear Yard: Zero (o) feet. B. BUILD -TO -LINE: On streets with on -street parking, a build -to - line shall be required. A "build -to -line" is a line parallel to a public or private street where the primary fa4ade of the building must be built to. 1. Buildings with non-residential uses on the first floor: A build -to -line shall be established at the minimum front yard setback. The primary facade shall be continuous along a block face and at least 70% shall be located adjacent to the build -to -line. JUNE 12, 2oo8 PAGE22 C. SIZE OF LOTS: Buildings with residential uses on the first floor: The primary fa4ade of a residential dwelling shall be built 1o' from the property line. Stairs, stoops, and elevated patios shall be allowed within the front setback. Any land remaining in this setback shall be landscaped with plant materials other than grass and shall be irrigated per the requirements established. 1. Minimum Size of Lot Area: Three thousand (3,000) square feet. 2. Minimum Lot Width: Fifty (50) feet. 3. Minimum Lot Depth: Sixty (6o) feet. D. MAXIMUM LOT COVERAGE: One hundred (loo) percent. E. FLOOR AREA RATIO: Maximum 5.0:1. HOUSING: The maximum number of dwellings allowed within the Uptown Sub -District development shall be 40o. The following performance standards however, shall apply to residential development. 1. The minimum density allowed shall be 40 units/net acre. 2. A minimum of 75% of the first floor square footage of all buildings containing residential units shall be used for nonresidential uses. 3. A minimum of 8o% of the first floor nonresidential square footage of buildings containing residential units shall have Certificates of Occupancy issued for them prior to the issuance of any building permit for an additional phase of residential units subsequent to the first phase. 4. A minimum of 75% of the residential units of each phase must be leased prior to the issuance of any building permit for an additional phase of residential units subsequent to the first phase. 5. Upon request of the Director of Development Services, actual tenant names and leasing contact information shall be provided to the Town staff for verification that the leases needed to validate items 3 and 4 above are third -party, arms -length, and bona fide commercial and residential leases. 6. Development of residential units in the Uptown Sub -District shall not take place until a minimum 8o% of the first floor nonresidential square footage of buildings containing residential units in the Downtown Sub -District has Certificates of Occupancy issued for them. JUNE 12, 2008 PAGE 23 G. PARKING: 1. The number of parking spaces provided for uses shall be in accordance with the breakdown established in the "GENERAL REQUIREMENTS" section of these standards. 2. Required parking for residential/nonresidential mixed use buildings shall be located and maintained anywhere within three hundred (300) feet of the building as long as the parking is located within the Uptown Sub -District. 3. Required parking for predominantly single use buildings shall be located on the same lot as the use. 4. On -street parking within the Uptown Sub -District may be counted towards meeting the off-street parking requirement for any uses within a mixed use building located in the sub -district. 5. Where on -street parking is provided, angled, as well as parallel parking shall be permitted. However, no on -street parking shall be permitted within 30' of the cross A curb line for a cross street, drive, or common access easement. Where on -street parking is provided, vehicle maneuvering shall be allowed within the public right-of-way. Additionally, where off- street parking is adjacent to a "Village Lane", the maneuvering for that parking shall be allowed within the right-of-way of the "Village Lane". 7. Parking may be located in structured garages provided the garages are located generally in the center of a property and lined with building. within a fire lane. 8. When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. g. Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. 10. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. 11. Speed bumps/humps are not permitted 12. Dead-end parking aisles are not permitted. 13. In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Director of Development Services the parking for two (2) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: JUNE 12, 2008 PAGE 24 a. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. b. The applicant shall submit a parking analysis, done by a registered engineer, to the Director of Development Services for his approval. C. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:0o P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Director of Development Services. H. SERVICE EQUIPMENT AND AREAS: 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed behind or on the side of a building. On corner lots, these areas should be located behind the buildings. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. I. SCREENING: 1. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets. 2. Solid waste collection and loading areas shall be located to minimize visibility. These areas shall be screened by a six (6) foot high wall built with the same materials as used for the principal building, or an otherwise approved solid masonry material. Trash compactors shall be treated comparably with the height of the screening being a minimum eight (8) feet tall. Trash dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall generally remain closed at all times. J. FENCING: Fencing is allowed between the primary facade of the building and the property line. In the above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least 50% open in construction for each residential unit or JUNE i2, 2008 PAGE 25 retail/restaurant/office/service lease space. Each residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to the street. K. STREETS AND SIGHT TRIANGLES: Within the Uptown Sub -District the following street design standards shall apply. 1. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles, per the Town of Prosper's requirements, for vehicles exiting the development for both public streets and private driveways shall be provided at intersections with Lover's Lane and the north -south spine road. 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance measured from the top of the ground surface to the first branch along the tree trunk. Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Prosper. L. LANDSCAPING: The standards and criteria contained in this Section are the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance, the regulations of this Section shall apply. Unless specifically identified in this Section, new developments shall comply with the landscape standards established in the Town of Prosper Zoning Ordinance as of the date of adoption of this ordinance. 1. A landscaped area consisting of living trees, turf, or other living ground cover and being at least twenty five (25) feet in width measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on all properties adjacent to Lover's Lane and the north -south spine road. One (1) large tree, three (3) inch caliper minimum per thirty (30) feet of linear roadway frontage shall be planted within the required landscaped area. The trees may be planted in groups with appropriate spacing for species. A minimum fifteen (15) shrubs with a minimum size of five (5) gallons each will be planted in the landscaped area for each thirty (30) feet of linear frontage. Parking abutting the landscaped area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. 2. A landscaped area consisting of living trees, turf, or other living ground cover and being at least fifteen (15) feet in width measured from the property line interior to the property shall be provided adjacent to all streets where no on -street parking is provided except for those streets identified in (1) above. The landscape requirements identified in (1) above shall also be required for these streets. JUNE 12, 2oo8 PAGE 26 3. A "Buffer Region" which shall be located in the right-of-way, shall be established along streets which have on -street parking. The Buffer Region shall have a minimum width of six (6) feet and shall be continuous and located adjacent to the curb. The region shall be planted with street trees located a minimum four (4) feet from the curb, at an average spacing not greater than thirty (30) feet on center. All trees shall be a minimum of three (3) inch caliper when planted. Root barriers shall be used in conjunction with all street trees. The landscaping shall be provided, installed, and maintained by the developer and/or the owner of the adjacent property. In addition, the region is intended for the placement of street furniture including seating, street lights, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks, public utility equipment such as electric transformers and water meters, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. 4. Any non -structured, off-street, surface parking that contains twenty (20) or more spaces shall provide interior landscaping as follows: a. Fifteen (15) square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking area. b. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. r� c. Landscaped islands shall be located at the terminus of all parking rows and shall contain at least one (1) large tree, three (3) inch caliper minimum, with no more than fifteen (15) parking spaces permitted in a continuous row without being interrupted by a landscape island. d. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not less than nine (g) feet wide and a length equal to the abutting space. e. There shall be at least one (1) large tree, three (3) inch caliper minimum, within one hundred fifty (150) feet of every parking space. 5. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 %) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be JUNE 12, 2008 PAGE27 provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 6. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be utilized with approval from the Town as part of the Final Site Plan process. BUILDING CRITERIA The standards and criteria contained in this Section are the minimum standards for all new development. The regulations of this Section shall apply where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance. A. TRI -PARTITE ARCHITECTURE: All multi -story, mixed use buildings shall be designed and constructed in tri -partite architecture so they have a distinct base, middle, and top. B. MAXIMUM BUILDING HEIGHT: i. Five (5) stories, no greater than eighty (80) feet. z. Parking Structures: In no instance shall a parking structure be taller than the building it is closest to. Notwithstanding, the maximum height for a parking structure shall be eighty (80) feet. 3. Architectural embellishments not intended for 4• human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof 4, forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (zo) feet. 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 i) 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 high at the right-of-way line. C. MAXIMUM BUILDING LENGTH: Mixed use buildings shall not be longer than three hundred and thirty (330) feet without an unconnected physical separation of at least fifteen (15) feet between another building. JUNE 12, 2oo8 PAGE z8 D. BUILDING MATERIALS: Only durable materials such as clay fired 1 brick, natural and manufactured stone, granite, marble, stucco, architectural concrete block, and architecturally finished x + concrete tilt wall shall be considered primary materials. Primary materials shall -- comprise as least ninety (go) percent of each floor, exclusive of doors and windows. For purposes of this Section, window walls shall be considered windows. 2. Only primary building materials with the exception of stucco, are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. Stucco shall be allowed as a primary building material above the first floor. For purposes of this section, the first floor shall be at least nine (g) feet high. 3. On mixed use buildings, a single building material shall cover more than eighty (8o) percent of the front of any building. 4. Secondary materials used on a building fa4ade are those which comprise not more than ten (1o) percent of an elevation area. Permitted secondary materials are aluminum or other metal, cedar or similar quality decorative wood, EIFS, or other materials as approved by the Planning & Zoning Commission. 5. All buildings shall be architecturally finished on all sides with articulation, detailing, and features. Architectural articulation, detailing, and features are not required for facades adjacent to a building or parking garage. 6. An architectural design that does not conform with the specific requirements of this Section, but which has merit by making a positive contribution to the visual environment may be submitted for consideration to the Planning and Zoning Commission in conjunction with the final site plan submittal process. E. WINDowAREAS: For buildings which front on streets with on -street parking and contain nonresidential uses on the ground floor, between forty (4o) and seventy-five (75) percent of the ground floor fa4ade shall be windows. a. Clear glass is required in all nonresidential storefronts. Smoked, reflective, of black glass that blocks two-way visibility is prohibited. Windows shall have a maximum exterior visible reflectivity of ten (10) percent. b. Pink or gold glass shall be prohibited. c. Windows shall be vertical in proportion by a ratio of 1.25:1 or more JUNE 12, 2Oo8 PAGE 29 (height to width). Multiple vertical windows however, may be placed together to form a compound widow which may be wider than it is tall. F. BUILDING ENTRIES: 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. 2. For mixed use buildings, 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. G. AWNINGS, CANOPIES, ARCADES, & OVERHANGS: 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. H. BUILDING ARTICULATION: i. The material of awnings and canopies shall be architectural materials that complement the building. 3. Awnings shall not be internally illuminated. 4. Canopies should not exceed one hundred (loo) linear feet without a break of at least five (5) feet. 5. Canopies shall respect the placement of street trees and lighting. 6. All structural columns that support a canopy shall have a masonry (or other approved material) finish. Materials used on columns and canopies shall be complementary to the building. For mixed use buildings, 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. i. For mixed use 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 fa4ade. Design articulation should not apply evenly across the building fagade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and JUNE iz, zoo8 PAGE30 moldings that break up the mass of the building are encouraged. 3. For buildings three (3) stories or shorter, no building wall shall extend for a distance equal to four (4) times the wall's height without having an off -set equal to 25% of the wall's height. The new plane shall then extend for a distance equal to at least 25% of the maximum length of the first plane. I. ABOVE GRADE STRUCTURED PARKING: 1. At least forty (40) percent of the area occupied along the street level fagade of any parking structure that is adjacent to a sidewalk or street right-of-way shall be developed for active nonresidential uses. 3• Where parking garages are within views of streets, openings in parking garages shall not exceed 55% of the fa4ade area. The portion of the parking garage that is visible from the street shall have an architecturally finished fa4ade « compatible with the surrounding buildings. 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. J. PROJECTIONS INTO SETBACKS AND/OR RIGHTS-OF-WAY: For mixed use buildings, the following projections shall be permitted into a building setback or right-of-way, provided that 1) no projection shall be permitted into a M -1d building setback or right-of-way of Lover's Lane or the north -south spine road; z) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non -injurious manner. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection into the setback, but not the right-of-way. 2. Business signs and roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection into the setback, but not the right-of-way. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1St floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches beyond the building face into the setback, but not the right-of-way. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the right-of-way to be within eight (8) inches JUNE 12, 2oo8 PAGE 31 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. 5. Below -grade footings approved in conjunction with building permits. PERMITTED USES List of Permitted Uses: Uses followed by an "S" are permitted by Specific Use Permit. Uses followed by a "C" are permitted subject to conditional development standards. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial ---C • Antenna and/or Antenna Support Structure, Non-Commercial—C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility ---S • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Beer & Wine Package Sales—C • Building Material and Hardware Sales, Minor • Business Service ■ Caretaker's/Guard's Residence • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Community Center • Convenience Store without Gas Pumps • Dance Hall ---S • Day Care Center, Child—C • Day Care Center, Incidental • Dry Cleaning, Minor • Farmer's Market • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture, Home Furnishings and Appliance Store • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • Home Occupation • Hospital JUNE 12, 2oo8 PAGE32 ■ House of Worship • Household Appliance Service and Repair Insurance Office • Laundromat Locksmith/Security System Company Massage Therapy, Licensed • Mobile Food Vendor—C • Multifamily Dwelling Multi -Tenant Office Building Municipal Uses Operated by the Town of Prosper ® Museum/Art Gallery Nursery, Minor Park or Playground • Pet Day Care ---C • Print Shop, Minor • Private Club—S • Private Recreation Center • Private Utility, Other than Listed Real Estate Sales/Leasing Office + Recycling Collection Point • Rehabilitation Care Institution—S • Restaurant or Cafeteria ---C • Retail Stores and Shops • Retail/Service Incidental Use School, Private or Parochial • School, Public • Stealth Antenna, Commercial—C • Studio Dwelling • Telephone Exchange Temporary Building—C Theater, Neighborhood Utility Distribution/Transmission Facility—S Veterinarian Clinic and/or Kennel, Indoor • Work/Live Units (Property that has been specifically designed for use both as a residential unit and an employment space. While the segregation of uses may take place vertically, they will be located in the same leasable area, be accessed by the same doorway and may or may not share plumbing.) JUNE 12, 20o8 PAGE33 NEIGHBORHOOD SHOPPING SUB -DISTRICT PURPOSE & INTENT The purpose of the Neighborhood Shopping Sub - District is to provide for a variety of retail and service uses in a "suburban" type setting. These shopping facilities should serve more than one (1) neighborhood. SITE CRITERIA A. SIZE OF YARDS: 1. Minimum Front Yard: Twenty-five (25) feet. i. Minimum Side Yard: a. Ten (1o) feet adjacent to any nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Twenty-five (25) feet for a one (1) story building adjacent to property zoned to a single family zoning district. Forty (40) feet for a two (z) story building adjacent to property zoned to a single family zoning district. c. Twenty five (25) feet adjacent to a street. 3. Minimum Rear Yard: a. Ten (1o) feet adjacent to any nonresidential district. The minimum rear yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Twenty-five (25) feet for a one (1) story building adjacent to property zoned to a single family zoning district. Forty (40) feet for a two (i) story building adjacent to property zoned to a single family zoning district. B. MAXIMUM LOT COVERAGE: Fifty (50) percent. Parking structures and surface parking facilities shall be excluded from lot coverage computations. C. FLOOR AREA RATIO: Maximum 0.5:1. D. PARKING: 1. The number of parking spaces provided for uses shall be in accordance with the breakdown established in the "GENERAL REQUIREMENTS" section of these standards. i. Parking aisles, where practicable, shall be designed to be perpendicular to the front of the primary building in the development. JUNE 12, 20o8 PAGE34 3. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. 4. Where on -street parking is provided, vehicle maneuvering shall be allowed within the public right-of-way. Additionally, where off-street parking is adjacent to a "Village Lane", the maneuvering for that parking shall be allowed within the right-of-way of the "Village Lane". 5. Speed bumps/humps are not permitted within a fire lane. 6. Dead-end parking aisles are not permitted. 7. In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Director of Developmejit Services and/or his designee the parking for two (i) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: a. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. b. The applicant shall submit a parking analysis, done by a registered engineer, to the Planning Director for his approval. c. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:0o P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved by the Planning Director. E. SERVICE EQUIPMENT AND AREAS: 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed behind or on the side of a building. On corner lots, these areas should be located behind the buildings. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. F. SCREENING: i. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets. Solid waste collection and loading areas shall be located to minimize visibility. These areas shall be screened by a six (6) foot high wall built with the same materials as used for the principal building, or an otherwise approved solid masonry material. Trash compactors shall be treated comparably with the height of the screening being a minimum eight (8) feet tall. Trash dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall generally remain closed at all times. G. LANDSCAPING: The standards and criteria contained in this Section are the minimum standards for all new development. Unless specifically identified in this Section, new JUNE 1z, zoo8 PAGE35 developments shall comply with the landscape standards established in the Town of Prosper Zoning Ordinance. 1. A landscaped area consisting of living trees, turf, or other living ground cover and being at least twenty-five (25) feet in width ,,,- " measured from the property line interior to the property shall be provided adjacent to and outside of the right-of-way on all properties adjacent to a major or minor thoroughfare as defined by the Town of Prosper Thoroughfare and Circulation Design Standards. One (1) large tree, three (3) inch caliper minimum per thirty (30) feet of linear roadway frontage shall be planted within the required landscaped area. The trees may be planted in groups with appropriate spacing for species. A minimum fifteen (15) shrubs with a minimum size of five (5) gallons each will be planted in the landscaped area for each thirty (30) feet of linear frontage. Parking abutting the landscaped area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. i. A landscaped area consisting of living trees, turf, or other living ground cover and being at least fifteen (15) feet in width measured from the property line interior to 3 the property shall be provided adjacent to all streets where no on -street parking is provided except for those streets identified in (1) above. The landscape requirements identified in (1) above shall also be required for these streets. Any non -structured, off-street, surface parking that contains twenty (20) or more spaces shall provide interior landscaping as follows: a. Fifteen (15) square feet of landscaping for each parking space shall be provided within the paved boundaries of the parking area. b. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. c. Landscaped islands shall be located at the terminus of all parking rows and shall contain at least one (1) large tree, three (3) inch caliper minimum, with no more than fifteen (15) parking spaces permitted in a continuous row without being interrupted by a landscape island. d. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not less than nine (g) feet wide and a length equal to the abutting space. e. There shall be at least one (1) large tree, three (3) inch caliper minimum, within one hundred fifty (150) feet of every parking space. 4. Permanent irrigation shall be provided for all required landscaping as follows: JUNE iz, zoo8 PAGE36 a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 %) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town Ore required for compliance. Other species may be utilized with approval from the Town as part of the Final Site Plan process. BUILDING CRITERIA The standards and criteria contained in this Section are the minimum standards for all new development. The regulations of this Section shall apply where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance. A. MAXIMUM BUILDING HEIGHT: Two (2) stories, no greater than forty (40) feet. 1. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (20) feet. 2. 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 fa4ade(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 high at the right-of-way line. B. BUILDING MATERIALS: 1. Only durable materials such as clay fired brick, natural and manufactured stone, granite, marble, stucco, architectural concrete block, and architecturally finished concrete tilt wall shall be considered primary materials. Primary materials shall comprise as least ninety (go) percent of each floor, exclusive of doors and windows. JUNE 12, 2008 PAGE 37 z. Only primary building materials with the exception of stucco, are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. Stucco shall be allowed as a primary building material above the first floor. For purposes of this section, the first floor shall be at least nine (g) feet high. 3. Secondary materials used on a building fa4ade are those which comprise less than a total of ten (io) percent of an elevation area. Permitted secondary materials are aluminum or other metal, cedar or similar quality decorative wood, EIFS, or other materials as approved by the Planning & Zoning Commission. 4. All buildings shall be architecturally finished on all sides with articulation, detailing, and features. Architectural articulation, det4iling, and features are not required for facades adjacent to a building or parking garage. 5. An architectural design that does not conform with the specific requirements of this Section, but which has merit by making a positive contribution to the visual environment may be submitted for consideration to the Planning and Zoning Commission in conjunction with the final site plan submittal process. C. WINDOWS: 1. Clear glass is required in all nonresidential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is prohibited. Windows shall have a maximum exterior visible reflectivity of ten (1o) percent. i. Pink or gold glass shall be prohibited. D. HORIZONTAL ARTICULATION: No building wall shall extend for a distance equal to four (4) times the wall's height without having an off -set equal to 25% of the wall's height. The new plane shall then extend for a distance equal to at least 25% of the maximum length of the first plane. I' T E. BUILDING ENTRIES: Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. PERMITTED USES List of Permitted Uses: Uses followed by an "S" are permitted by Specific Use Permit. Uses followed by a "C" are permitted subject to conditional development standards. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial ---C • Antenna and/or Antenna Support Structure, Non-Commercial—C JUNE 12, 20o8 PAGE38 • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility—S • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Automobile Repair, Minor • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales—C • Building Material and Hardware Sales, Major • Building Material and Hardware Sales, Minor • Business Service • Caretaker's/Guard's Residence • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Community Center • Convenience Store with Gas Pumps (Only allowable on property within zoo' of the right- of-way adjacent to the intersection of First Street and the North-South thoroughfare depicted on Exhibit D.) • Convenience Store without Gas Pumps • Dance Hall ---S • Day Care Center, Adult ---S • Day Care Center, Child—C • Dry Cleaning, Minor • Equipment and Machinery Sales and Rental, Minor • Farmer's Market • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture, Home Furnishings and Appliance Store • Gas Pumps (Only allowable on property within zoo' of the right-of-way adjacent to the intersection of First Street and the North-South thoroughfare depicted on Exhibit D.) • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • Hospital • House of Worship • Household Appliance Service and Repair • Insurance Office • Laundromat • Locksmith/Security System Company JUNE 12, 20o8 PAGE39 Massage Therapy, Licensed Mobile Food Vendor—C Municipal Uses Operated by the Town of Prosper Museum/Art Gallery Nursery, Minor Park or Playground Pet Day Care ---C Print Shop, Minor Private Club—S Private Recreation Center Private Utility, Other than Listed Real Estate Sales/Leasing Office Recycling Collection Point Rehabilitation Care Institution—S Restaurant or Cafeteria ---C Restaurant, Drive In Retail Stores and Shops Retail/Service Incidental Use School, Private or Parochial School, Public Small Engine Repair Shop Stealth Antenna, Commercial—C Telephone Exchange Temporary Building—C Theater, Neighborhood Trailer Rental—S Utility Distribution/Transmission Facility—S Veterinarian Clinic and/or Kennel, Indoor Water Treatment Plant --S JUNE 12, 2008 PAGE 40 GENERAL REQUIREMENTS A. Development shall generally take place in accordance with attached Concept Plan (Exhibit D) and Village Thoroughfare Plan (Exhibit H). Plats and/or site plans submitted for the development shall conform to the data presented and approved on the conceptual development plan. Changes of detail on these final development plan(s) that differ from the conceptual development plan may be authorized by the Town staff, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. alter the basic relationship of the proposed development to adjacent property, i. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans. If the Town staff determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held by the Planning and Zoning Commission and the Town Council to adequately amend the granting ordinance prior to the Planning & Zoning Commission's approval of the final development plan(s). B. The applicant shall provide an exhibit as appropriate with each Preliminary Site Plan application showing the development meets the standards outlined in the Design Guidelines, as amended and adopted by the Town Council. C. Conceptual fa4ade plans and sample boards shall be submitted with the Preliminary Site Plan application. The purpose of the conceptual fa4ade plan is to ensure consistency and compatibility for all buildings within the development. Facade plans will be used only to ensure minimum standards are met. D. A final fagade plan and sample boards shall be submitted with the Final Site Plan application. Fagade plans will be used only to ensure minimum standards are met. E. A minimum seven (7) percent of the total area covered by this planned development shall be provided as open space. Open spaces may include areas used for facilities such as plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicular access and parking. JUNE 12, zoo8 PAGE 41 Additionally, if detention areas contain a constant water level and are landscaped or otherwise treated as an amenity for the development, they may be used to meet the open space requirement. The open space may not consist of any of the following elements: 1. Vehicular parking. i. Required parking lot tree islands. 3. Building footprints. 4. Utility yards. 5. Required landscape edges. , 6. Sidewalks. 7. Detention areas not treated as described above. F. Common open space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any common open space without the prior approval of the Town Council. G. Sidewalks shall be constructed in accordance with the "Infrastructure Design Standards" established in the ordinance, as well as the "Streetscape Alternatives" established in the Shops at Prosper West Design Guidelines. In those instances where a street type is not addressed by the "Infrastructure Design Standards", sidewalks shall be constructed in accordance with the Town of Prosper's standards. H. All utility lines shall be underground from the building to the property line. Utility lines within the right-of-way shall be placed underground or relocated to the rear of the site to the maximum extent practicable. Parking Requirements Based on Use. In all Sub- Districts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements: • Automobile Oil change and Similar Establishments: One (1) parking space per service bay plus one (1) parking space per maximum number of employees on a shift. • Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred and fifty (350) square feet of gross floor area. • Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use. • Business or professional office (general): One (1) space per three hundred and fifty (350) square feet of gross floor area except as otherwise specified herein. • Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium. • College or University: One (1) space per each day student. • Community Center, Library, Museum, or Art Gallery: Ten (1o) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in JUNE i2, 2008 PAGE42 excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on t he basis of one (1) space for each four (4) seats that it contains. • Commercial Amusement: One (1) space per three (3) guests at maximum designed capacity. • Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each two hundred (200) square feet of floor area thereof. • Dwellings, Multifamily: One (1) spaces for each bedroom in one (1) and two (2) bedroom units, plus one half (%) additional space for each additional bedroom. • Farmer's Market, Flea Market: One (1) space for each five hundred (500) square feet of site area. • Fraternity, Sorority, or Dormitory: One (i) parking space for each two (2) beds on campus, and one and one-half (1 %) spaces for each two beds in off campus projects. • Furniture or Appliance Store, Wholesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000). • Gasoline Station: Minimum of three (3) spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. • Health Studio or Club: One (1) parking space per tow hundred (zoo) square feet of exercise area. • Hospital: One (1) space per employee on the largest shift, plus one and one-half (1 %) spaces per each bed or examination room whichever is applicable. • Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (zoo) square feet of commercial floor area contained therein. • Kindergartens, day schools, and similar child training and care establishments: shall provide one (i) paved off-street loading and unloading space for an automobile on a through "circular" drive for each ten (1o) students, or one (1) space per ten (1o) students, plus one (1) space per teacher. • Library or Museum: Ten (1o) spaces plus one (1) space for every three hundred (300) square feet, over one thousand (1,000) square feet. • Lodge or Fraternal Organization: One (1) space per two hundred (zoo) square feet. • Medical or Dental Office: One (1) space per three hundred (300) square feet of floor area. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals. • Mini -Warehouse: Four (4) spaces per complex plus one (1) additional space per three hundred (300) square feet of rental office. • Motor Vehicle Repair and Service: Three (3) parking spaces per service bay plus one (1) parking space per maximum number of employees on a shift. • Nursing Home: One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses. • Private Club: One (1) parking space for each seventy five (75) square feet of gross floor area. JUNE 12, zoo8 PAGE 43 ■ Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1) space per two hundred and fifty (250) square feet of gross floor area. Restaurant, Restaurant with a Private Club, Cafe or Similar Dining Establishment: One (1) parking space for each one hundred (loo) square feet of gross floor area for stand alone buildings without a drive-through, and one (1) parking space for each two hundred (zoo) square feet of gross floor area for restaurants located within a multi - tenant buildings, and one (1) parking space for each one hundred (loo) square for stand alone buildings with a drive-through. • Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for each five (5) beds. • School, Elementary, Secondary, or Middle: One and one half (i %) parking spaces per classroom, or the requirements for public assembly areas contained herein, whichever is greater. • School, High School: One and one half (1 %) parking spaces per classroom plus one (1) space per five (5) students the school is designed to accommodate, or the requirements for public assembly areas contained herein, whichever is greater. Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking space for each four (4) seats or bench seating spaces. JUNE 12, 20o8 PAGE44 PROSPER WEST DOWNTOWN AND UPTOWN INFRASTRUCTURE DESIGN STANDARDS A. PUBLIC STREETS Pavement Cross Fall: All streets shall have a minimum cross fall of one-quarter (A) inch per foot and a maximum crossfall of three-eighths (3/8) inch per foot. Streets with medians may have a crossfall that slopes down towards the median. Paving sections may have a center invert instead of a crown. Center invert shall transition towards the curb at inlet locations. z. Grades: Street grades may vary between o.6o% and 6% as indicated in Table A. 3. Design Speeds: Streets shall be designed with design speeds given in Table A. 4. Roundabouts: Roundabouts shall be allowed to provide vehicles with free-flow capability while enhancing pedestrian safety with reduced traffic speeds. Roundabout design shall be based upon Federal Highway Administration and Institute of Traffic Engineers design guidelines. 5. Curb Radius: Curb return radii should be as small as possible in high volume pedestrian areas. A typical curb return radius of fifteen (15) feet shall be used. In no instance shall curb radii exceed twenty-five (25) feet. Occasional encroachment of a large truck or bus into the opposing turn lane is acceptable. 6. Parkway Grades: Grades within the parkway shall slope 2% towards the street for the first 1o' of parkway from the face of curb. The remainder of the parkway slopes may vary to fit the building design. 7. Grades Across Parking Areas: Slopes across on -street parking areas may vary from 0.50% to 12% in any direction. 8. Right Turn Lanes on Village Thoroughfares: Right turn lanes are not required along any village thoroughfare. g. Left Turn Lanes on Village Thoroughfares: Left turn lanes are not required on village thoroughfares except as shown on Exhibits D and H. More specifically, left turn lanes are required on the primary north -south boulevard in the Downtown Sub -District where public streets intersect and a round -about is not provided. When left turn lanes are provided, the turn lane shall be designed with fifty (50) feet of storage and fifty (50) feet of transition. lo. Deceleration Lanes: Deceleration lanes are not required along any village thoroughfare. B. DRAINAGE 1. The drainage plan submitted with the preliminary site plan will identify sheet flow and water conveyance across adjacent properties. 2. Inlets: Inlets shall be provided along all village thoroughfares at such intervals that the maximum depth of flow in the loo year storm event is curb deep. Combination curb/grate inlets shall be allowed in medians and other places where space limitations exist, or design otherwise requires. Grate inlets, slotted drains, and JUNE 12, 20o8 PAGE45 recessed curb inlets shall be allowed in addition to curb inlets and drop inlets. Materials shall meet NCTCOG standards. 3. Storm Sewer Pipe: Storm pipe located within the parkway for the purpose of landscape drains, area drains in walkways, and building roof drains, may be constructed of PVC or HDPE pipe. C. WATER Water Mains: Water mains within the right-of-way are to be located under the street pavement or parking area pavement. Water Services: Water services shall be located to eliminate the necessity of disturbing the street pavement, curb, gutter, sidewalks, drainage structures, and landscaping when connections are made. D. WASTEWATER 1. Wastewater Mains: Wastewater mains within the right-of-way are to be located under the street pavement or parking area pavement. i. Wastewater Lateral: Wastewater laterals shall be located to eliminate the necessity of disturbing the street pavement, curb, gutter, sidewalks, drainage structures, and landscaping when connections are made. E. DRIVEWAYS 1. Driveways accessing a village thoroughfare shall not be required to be divided. i. An internal driveway storage length of twenty-five (25) feet shall be provided at all driveways which access a village thoroughfare. The storage length shall be measured from the intersecting curb line to the first aisle or parking space. JUNE iz, zoo8 PAGE 46 PROSPER WEST TABLE A HAProjects\M0D017\exce1\STREET SUMMARY-20080422-JYS.xis Standard Thoroughfares Minor Thoroughfare Commercial ROADWAY TYPE DESCRIPTION Tollwa Frontage 4LD' Collector ROW Varies 90' 60' z O F -F 36' 2 at 24' 36' i= TRAFFIC LANES 3 4 2 L) w PARKWAY Varies 12' 12' N HEAD IN PARKING None None None LU j MEDIAN None 18.0 None LU tY TREES None 30' OC 30' OC. SIDEWALKS None 6' Both Sides 6' Both Sides MIN GRADE Per TXDOT 0.6% 0.6% g MAX GRADE Per TXDOT 6% 6% w w DESIGN SPEED MPH Per TXDOT 45 30 MIN HORIZONTAL RADII Per TXDOT 1100' 450' V MIN TANGENT BETWEEN CURVES Per TXDOT 100' 100' Z 0 CURB RETURN RADIUS Per TXDOT 20' 15' 70 LU 0 MINIMUM PAVEMENT THICKNESS NOTES Per TXDOT Per TXDOT Standards Per Town Per Town Per Town Standards Per Town Standards ROADWAY TYPE Village Boulevard with Varying DESCRIPTION with Pa!Vng without Parkin Median Z ROW 127' 87' Varies 0 F -F 2 at 24' 2 at 24' 2 at 24' U U TRAFFIC LANES 4 4 4 w N PARKWAY 12.5' 12.5' _ 10.5' w HEAD IN PARKING 20' None None Lu MEDIAN 14' 14' Varies LL TREES 30' OC 30' OC 30' OC N SIDEWALKS 12' Both Sides 12' Both Sides 6' Both Sides a Fe MIN GRADE 0.6% 0.6% 0.6% w r— MAX GRADE 6% 6% 6% v DESIGN SPEED OLPH 20 25 25 Z MIN HORIZONTAL RADII 200' 200' 200' 0 MIN TANGENT BETWEEN CURVES None None None w CURB RETURN RADIUS 15' 15' 15' MINIMUM PAVEMENT THICKNESS Per Town Per Town Per Town NOTES HAProjects\M0D017\exce1\STREET SUMMARY-20080422-JYS.xis PROSPER WEST TABLE A HAProjecls\M0D017\exce1\STREET SUMMARY-20080422-JYS.As ROADWAY TYPE Village Avenue with Parallel One Way with DESCRIPTION with Angled Parkin without Parkin Parkin Angled Parkin Z ROW 89' 49' 65' 89' 0 F -F 24' 24' 24' 24' U U TRAFFIC LANES 2 2 2 2 w u1 PARKWAY 12.5' _ 12.5' 12.5' 12.5' w HEAD IN PARKING 20' None 8' 20' MEDIAN None None None None It TREES 30' OC 30' OC 30' OC 30' OC SIDEWALKS 12' Both Sides 12' Both Sides 12' Both Sides 12' Both Sides MIN GRADE 0.6% 0.6% 0.6% 0.6% MAX GRADE 6% ' 6% 6% 6% V DESIGN SPEED MPH 20 25 20 20 Z MIN HORIZONTAL RADII 200' 200' 200' 200' U MIN TANGENT BETWEEN CURVES None None None None N W CURB RETURN RADIUS 15' 15' 15' 15' o MINIMUM PAVEMENT THICKNESS Per Town Per Town Per Town Per Town NOTES Village Avenue ROADWAY TYPE (Town Hall One way with Village Street DESCRIPTION Angled PaEkinq without Parkin ROW 55' 60' o F -F 12' 12' p TRAFFIC LANES 1 2 U PARKWAY 10.5'/ 12.5' 11' U) LU HEAD IN PARKING 20' None LU MEDIAN None 14' TREES 30' OC 30' OC U) rq SIDEWALKS 6' Both Sides 6' Both Sides MIN GRADE 0.6% 0.6% MAX GRADE 6% 6% w DESIGN SPEED ffPH 20 30 R MIN HORIZONTAL RADII 200' 200' Z MIN TANGENT BETWEEN CURVES None None 0 CURB RETURN RADIUS 15' 15' U) w c MINIMUM PAVEMENT THICKNESS Per Town Per Town NOTES HAProjecls\M0D017\exce1\STREET SUMMARY-20080422-JYS.As Wl ,LT7°`i� THE SHOPS AT PROSPER WEST 31 Ar BRv 0 tu t i se a n gr, I I c Zo . it . 614 sip= 011 r Ul Id Tones & BUY(f, Inc. D E S G N I D E L N E S DESIGN PRINCIPLES Overall planning and building arrangement should create a compact pedestrian- ; scaled environment. Individual buildings should be designed and detailed to 4 reinforce the pedestrian -oriented nature of downtown and uptown. • Buildings should be located and designed so they provide visual interest and create enjoyable, human -scaled spaces. The key design, principles are: • As new buildings are constructed, building facades should utilize building elements and details to achieve compatibility with existing buildings in the Downtown and Uptown sub -districts. • Compatibility is not meant to be achieved through uniformity, but through the use of variations in building elements to achieve individual building identity. Buildings should be built to, or close to, the sidewalk to define and enhance the pedestrian environment. DESIGN PRINCIPLES SITE DESIGN In order to create attractive, pedestrian friendly streets and provide street -level activity and interest, buildings should: • Be built to or close to the sidewalk. • Have entrances oriented to the sidewalk for ease of pedestrian access. • Be located in such a manner as to minimize conflicts between pedestrians and automobiles. BUILDING ORIENTATION: Buildings should be oriented toward the major street front with the primary entrance located on that street. CORNER LOTS: At key intersections, buildings located on corner lots should utilize Jt y x variations in building massing to emphasize street intersections as points of interest in the district. PARKING: On -street parking should be constructed in the Downtown and Uptown sub- district. Off-street surface parking should be predominantly located behind buildings and accessed by alleys or rear drives whenever possible. 01 9M SITE DESIGN I I2 BUILDING DESIGN BUILDING MASSING AND SCALE: A building's massing is its exterior volume and its scale is the relationship of its overall size and its component parts with its adjoining buildings, spaces, and people. • A building's massing should relate to its site, use, and to the massing of adjacent buildings. • A building's massing should serve to define entry points and help orient pedestrians. a The scale of individual building fagade components should relate to one another and the human scale, particularly at the street level. 9 Buildings and/or facades should emphasize and frame or terminate important vistas. BUILDING RHYTHM: A building's rhythm is the pattern created by the regular recurrence or alteration of its constituent architectural components. • Nonresidential and mixed-use buildings in both the Downtown and Uptown sub - districts, to the extent practicable, should maintain a 25' or multiples of 25' building fa4ade widths. • Variations of the rhythms within individual building facades should be achieved within any block of building facades. • Breaks in the predominant rhythm may also be used to reinforce changes in massing and important elements such as building entrances or pedestrian pass- throughs. ARCHITECTURAL ELEMENTS: Architectural elements are the individual components of a building, including walls, doors, windows, cornices, parapets, roofs, pediments, and other features. Architectural elements should be designed to the appropriate scale and proportions of the selected architectural style. For example, building designs based on an Art Deco style should utilize architectural elements of a scale and proportion characteristic of that style. BUILDING DESIGN - BUILDING DESIGN ENTRANCES: The design and location of building entrances in the Downtown district are important to help define the pedestrian environment and create retail -friendly environments. • Entrances should be easily identifiable as primary points of access to buildings. • Building entrances may 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 fagade. FACADE TREATMENTS: Facade treatments are that portion of a building's street fa4ade elevation extending from the ground to the roof that consists of a single layer or architectural expression. • Retail ground floors should have windows covering a minimum of 6o% of the major street fronting fa�ade(s). Other ground level uses shall have fa4ade treatments appropriate to such uses(s). • All sides of a building shall be consistent with respect to style, colors, and details only to the extent they establish continuity with the main street front facades. • On facades fronting on service or parking areas and along secondary streets, windows need not be provided at the ground level. However, buildings should avoid long, monotonous, uninterrupted walls. Building wall off -sets, including projections, recesses, niches, fenestration, or changes of materials or color shall be used to add architectural variety and interest, and to relieve the visual impact of a blank wall. • Parapet and roof -line offsets between facades may be provided in order to break down the scale of the block and create architectural interest and variety. Architectural elements, such as canopies, awnings, roof and floor overhangs, and colonnades should be provided as appropriate to protect pedestrians, help unify parts of a building or block, provide human scale, or provide a backdrop for signage and graphics. 4❑ BUILDING DESIGN STOREFRONTS: Storefronts on fa4ade treatments that span multiple tenants shall use architecturally compatible materials, colors, details, awnings signage, and lighting fixtures. LIGHTING: The placement and orientation of lighting can be a critical part of creating an inviting and safe downtown/uptown environment. • Exterior lighting shall be architecturally integrated with the building style, material, and color. • Lighting intensities shall be controlled to ensure that excessive light spillage and glare are not directed toward neighboring areas and motorists. • Pedestrian level lighting of building entrance -ways should be provided. • Illuminations of portions of buildings, direct or indirect, may be used for safety or aesthetic results. SIGNAGE: • A comprehensive sign package shall be developed for the project and shall be approved by the Planning & Zoning Commission and Town Council. Signage in the Downtown and Uptown sub -districts shall enhance the pedestrian character of the districts by providing signs that are pedestrian in scale and located so as to be legible to pedestrians the sidewalks. Signs may be attached flush to the building so long as they do not obscure any significant architectural details. • Businesses are encouraged to create individually styled signage that distinguishes their establishment. • Signs which are pedestrian oriented may be painted on the storefront glass. The maximum percentage of glazed surface area allowed shall be identified in the project's comprehensive sign package. • Directory signs may be provided to help direct the public to different businesses and services in the Downtown and Uptown sub -districts. These may be provided at prominent locations in the downtown or uptown. Signs may be lit by external light sources as long as such sources are not visually intrusive as determined with the project's comprehensive sign package. PAD SITE BUILDINGS: For a building that occupies a pad, the building should have similar design characteristics as the remainder of the project. This includes use of similar materials, patterns, rhythms, and proportions. j l f y . f r BUILDING DESIGN S PUBLIC REALM DESIGN The public realm is where the community meets, gathers, shops, works, and recreates. It consists of those places where people have unlimited and direct access to and includes streets, sidewalks, walkways, parks, and publicly accessible open spaces. PEDESTRIAN NETWORK: • Mid -block pedestrian connections from the street to parking lots at the rear of the buildings should be provided at key points. • Pedestrian crosswalks shall be clearly marked and provided at all key street intersections. • Sidewalks shall be constructed from the back of curb to the building front or property line. • Sidewalks shall be a minimum of 6' measured from the face of the curb to the building fa4ade. STREET FRAMEWORK: A street framework that supports a high level of connectivity providing development flexibility over time and encourages pedestrian activity. Key design features necessary to create the characteristics within the public realm include: • Street patterns based on a grid system of interconnected streets. • Continuity of sidewalks along each street. • Crosswalk demarcation at street intersections. • Wide sidewalks with shade trees. • Parallel and head -in parking to protect pedestrians from traffic movements. • Narrow street cross sections and neck downs at crosswalks. PUBLIC REALM DESIGN STREETSCAPE TREATMENT: An important element of an urban streetscape is the streetscape design. It is that portion of a street that accommodates both social and business activity. It extends from the face of the building to the face of the curb. A well designed streetscape is important to a street's function as a public place and is the most extensively used civic space in a community. a The streetscape consists of the following four distinct functional zones: O EDGE ZONE: The area between the face of the curb and the Furnishing Zone. An area of required clearance between parked vehicles or traveled way and accessories or landscaping. This area shall be a minimum of 18" to facilitate the door swing of a parked car and prevent conflicts with elements within the Furnishing Zone. O FURNISHING ZONE: The area of the roadside that provides a buffer between pedestrians and vehicles. Items which shall be located in this zone, to minimize impact on the Throughway Zone include; street trees, planting strips, street furniture, utility poles, sidewalk vaults, newspaper racks, cabinets, traffic signal cabinets, fire hydrants, bicycle racks, etc. A typical dimension for this zone is 4'-6'. O THROUGHWAY ZONE: This zone which must remain clear, both horizontally and vertically, allows for the movement of people. This zone shall be a minimum 6' wide. o FRONTAGE ZONE: The distance between the Throughway Zone and the building front used to buffer pedestrians from window shoppers, accessories, and doorways. Since this zone is in the building's front setback, it may contain private street furniture, signage, merchandise displays, etc. and can also be used for restaurant seating. • Street trees shall be planted in accordance with a unified landscaping plan. • Street furnishings shall be installed in accordance with a streetscape plan. Street furnishings may include planting strips, raised planters, trash receptacles, street lights, street signs, wayfinding signs, media boxes, seating, public art, water features, fire hydrants, etc. INTERSECTIONS AND CROSSWALKS: Intersections shall be as compact as practical. They shall minimize crossing distance as well as crossing time, minimize exposure to t+�affic, an l ape THE SHOPS AT PROSPER WEST Awe - 4.4", 'Ile I *mm -iwl,m I U-0- 670 AM PUBLIC REALM DESIGN PUBLIC REALM DESIGN PUBLIC PARKS AND OPEN SPACES: Publicly accessible parks and open space organize and reinforce neighborhood structure. They offer a wide variety of passive and active recreational experiences ranging in size and type, but together, they create an integrated system enhancing livability, natural appearance, and ecological values while providing gathering places and interaction opportunities for the community. • Public parks and open spaces should be visible and easily accessible from public areas such as building entrances and adjacent streets and sidewalks. Within these parks, ample seating should be provided, including wa(Is, ledges, and other raised surfaces which can serve a similar purpose. • Active uses such as retail, cafes, restaurants, higher density residential and office uses which provide pedestrian traffic should be considered as appropriate uses to line public parks and open spaces. LI 1 PUBLIC REALM DESIGN1 3 9 RESIDENTIAL DEVELOPMENT GUIDELINES Residential units shall be located in a manner as to provide privacy for residents by one or a combination of the following. • Providing a small landscaped front setback.„ • Raising or lowering the finished ground level relative to the sidewalk level. _ • Allowing for encroachments by stoops, stairs, and porches within the area between the front fa4ade and the property line. PARKING: Off-street parking shall be accessed through alleys along the rear or side property lines, thus eliminating driveways from the residential streetscape with the following exception: • Driveways and garages may front onto, and be accessed from a street in the case of a corner lot. The garage and/or driveway shall be allowed to front on the side street. ARCHITECTURAL ELEMENTS • Residential buildings shall have relatively flat fronts and simple roofs with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies, and similar extensions are exempt from this standard. • Gable roofs if provided, shall have a minimum itch of p p 9/12. When hipped roofs are used, the minimum pitch shall be 6/12. Other roof types shall be appropriate to the architectural style of the building.'F • Architectural embellishments that add visual interest to the roof, such as dormers and masonry chimneys may be provided.,;,, V7 A .I. ,. Y ` ♦��,�.5 •�{ j� 1 ��l m ILA n EXHIBITS Legal Notices TOWN OF PROSPER, TEXAS ORDINANCE NO. R8• S5. AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in THE DALLAS MORNING NEWS — Metro North Edition on; July 17, 2008 (Lynda Black) Sworn to and subscribed before me this July 17, 2008 ( r�tar ubli RMEJ ELOZIERtate of exes n E%pi 8S201 t M. r-, ?,;'X) 600 900 12r R.O.W. Ll 1 3 �I MULEVARO WITH IRARKiNEi I I I f Y llpiii -- )I 20' --/-12'4-12' f 12' % 12' -f — 20'-.�-7,• IJW X 12'-6^ /Fi 1R "I 12'-6" !u w Kp d 1010 -- 89' R.O.W.ail — f AVENUE WITH �o ANGLED PARKING 20' /112,112', 20' E I l0'e� -.k—— 5S R.O.W. —•I'- 3 0 a I a I2' f-- 20'— U °a m 65'R.O.W. — ac � IiI 10Prl / f8'/ 12 r IT48'4'- icy 971 R.O.W. ._ . pl BOUL1iVAKD �® r a1 WITHOUTPARMNO 'a 12'! 12',,' 14' -f 121.e 1 z' y 1 I0 t t , XH 1 ,o 60' R.O.W. —�'r- 1� A R v 1 YZ' 1 STREET I? WITHOUT AVENUE TOWN HALL PARKING WYALL) - 4' NOTE: ALLTHOROUGHFAREALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT(S) THE ALIGNMENT(S) ARE DETERMINED AT TIME OF FINAL PLAT. MOORELA ND DEVELOPMENT VILLAGE THOROUGHFARE PLAN --(EXHIBIT H) PROSPER WEST PROSPER, TEXAS APR 25, 2008 MOD017 T=300• &*At fns kwft Plsmm 11AWme s A4*mkn I Os rprptss lMssllr ssm J*W& 80yd, Inc. 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