06.28.2016 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. Presentations.
Limited Access Roadway Presentation by Collin County Commissioner Susan
Fletcher.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meetings. (RB)
Regular Meeting – June 14, 2016
5b. Consider and act upon authorizing the competitive sealed proposal procurement
method for the purchase and installation of artificial field turf for the Town of
Prosper Frontier Park - North Field Improvements project. (JC)
5c. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plan or Preliminary Site Plan. (AG)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 28, 2016
6:00 p.m.
Page 2 of 3
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing and consider and act upon an ordinance amending the Future
Land Use Plan from Retail & Neighborhood Services to High Density Residential, on the
northeast corner of First Street and Coit Road, to allow for an age-restricted, private
gated, senior living development. (CA16-0002). [Companion Case Z16-0004] (JW)
8. Conduct a Public Hearing and consider and act upon an ordinance rezoning 12.7±
acres, from Retail (R) to Planned Development-Multifamily (PD-MF), located on the
northeast corner of First Street and Coit Road, to allow for an age-restricted, private
gated, senior living development. (Z16-0004). [Companion Case CA16-0002] (JW)
9. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose
Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on the northeast
corner of US 380 and Gee Road. (MD16-0002). (JW)
10. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a retail building with a flat roof, parapet wall and cornice, in the Shops
at Prosper Trail, Block A, Lot 3, on 1.3± acres, located on the east side of Preston Road,
175± feet north of Prosper Trail. (S16-0007). (JW)
11. Conduct a Public Hearing, and consider and act upon a request for a variance to the
Sign Ordinance, Section 1.09(M), regarding Subdivision Monuments, for the Villages at
Legacy, located at the northeast corner of US 380 and Legacy Drive. (V16-0002). (JW)
DEPARTMENT ITEMS:
12. Consider and act upon a request for a façade exception for the Windsong Ranch, Phase
4A Amenity Center, located on the east side of Windsong Parkway, 1,500± feet north of
Fishtrap Road. (MD16-0005). (JW)
13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.087 – To discuss and consider economic development incentives.
13b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
13c. Section 551-074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks and Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
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14. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Backflow Prevention Plan. (FJ)
16. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on June 24, 2016, by 5:00 p.m.,
and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are
limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes
with approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are
wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
January Cook, Purchasing Agent
Leslie Scott, Library Director
Julie Shivers, Parks & Recreation Coordinator
Frank Jaromin, Public Works Director
Doug Kowalski, Chief of Police
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Mike Davis led the invocation. The Pledge of Allegiance and the Pledge to
the Texas Flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Mike Korbuly read the following announcements:
The Library held its Summer Reading Challenge Kickoff event on Saturday June 11.
Approximately 120 people attended, and 250 items were checked out within a two-hour
period. The Summer Reading Challenge runs through the end of July. Other summer
events include storytime and other children’s programs on Tuesdays and Thursdays.
The Parks and Recreation Department and the Library are partnering this year on a brand
new program called “Fun Fridays at Frontier.” Weekly themed programs will promote a fun
and active schedule to keep young people physically and mentally fit and active during the
summer months. More information about summer programs is available on the Town’s
website.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, June 14, 2016
Item 5a
Page 2 of 7
The Prosper Summer Series will continue on Friday, July 1, with the Pride in the Sky
Independence Day Celebration at Frontier Park. Come out and enjoy this community-wide
event that will include lots of family fun. Bring your blankets and lawn chairs and enjoy the
fireworks.
4. Presentations.
Presentation of a check to Reynolds Middle School as the top participating
school in the It’s Time Texas Community Challenge. (RB)
The Town Council presented a check for $1,500 to Mr. Greg Bradley, Principal of
Reynolds Middle School, for school health initiatives.
Mayor Smith postponed the remaining presentation until after Citizen Comments.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meetings.
(RB)
Regular Meeting – May 24, 2016
Special Called Meeting – May 31, 2016
5b. Receive the April Financial Report. (BP)
5c. Consider and act upon Resolution No. 16-41 declaring the Town of Prosper as
a hybrid entity, designating the Town’s health care components, and
designating a HIPAA Privacy and Security Officer. (RB)
5d. Consider and act upon approval of the Prosper Youth Sports Commission’s
amended bylaws. (HW)
5e. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan. (AG)
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a vote of
7-0.
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
Item 5a
Page 3 of 7
John Taylor, 4610 Autumn Sage Drive, Prosper, presented photographs and spoke
regarding road conditions surrounding Windsong Ranch and traffic light timing at the
intersection of US Hwy 380 and Gee Road.
Mark Franklin, 4501 Desert Willow Drive, Prosper, spoke regarding traffic conditions in
Windsong Ranch.
Allen Rutter, 4561 Acacia Parkway, Prosper, spoke regarding traffic conditions in Windsong
Ranch.
Luther Sims, 980 S. Coit Road, Prosper, spoke regarding increased crime in apartment
complexes in Prosper.
Darla Atchley, 4500 Honeyvine Lane, Prosper, spoke regarding traffic conditions in
Windsong Ranch.
Mayor Smith continued with the Presentations following Citizen Comments.
4. Presentations.
Presentation by Library Director Leslie Scott on the Town of Prosper Book
Trail. (RB)
Library Director Leslie Scott presented information on the Town of Prosper Book Trail, a
collaborative effort between Texas A&M Agri-Life, the Prosper Community Library, and
the Town of Prosper Public Works and Parks and Recreation Departments. The Book
Trail Reveal Party will be held on Saturday, June 18.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request for a Special
Purpose Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on
the northeast corner of US 380 and Gee Road. (MD16-0002). (JW)
Development Services Director John Webb presented this item before the Town Council.
The applicant requested this item be tabled to allow time to amend the proposed request.
Councilmember Davis made a motion and Mayor Pro-Tem Vogelsang seconded the motion
to table Item 7 to the June 28, 2016, Town Council meeting. The motion was approved by
a vote of 7-0.
8. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 2.6±
acres, located on the east side of Preston Road, 1,750± feet south of Prosper Trail,
from Single Family-15 (SF-15) to Retail (R). (Z16-0009). (JW)
Item 5a
Page 4 of 7
Development Services Director John Webb presented this item before the Town Council.
The purpose of the request is to allow for the development of a future retail and/or office
development.
Mayor Smith opened the Public Hearing.
David Bond with Spiars Engineering, spoke in favor of the item on behalf of the applicant.
With no one else speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 16-42 rezoning 2.6± acres, located on the east side of
Preston Road, 1,750± feet south of Prosper Trail, from Single Family-15 (SF-15) to Retail
(R). The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
Mayor Smith postponed Item 9 until after Executive Session
10. Consider and act upon canceling the May 10, 2016 award for the purchase of
automated license plate readers from ARC Government Solutions, Inc.; and
approving the purchase of automated license plate readers from Trinity Innovative
Solutions, LLC; and authorizing the Town Manager to execute an Enterprise Service
Agreement and Federal Bureau of Investigation Criminal Justice Information
Services Security Addendum with Vigilant Solutions, Inc., for the related software.
(DK)
Police Chief Doug Kowalski presented this item before the Town Council. Automated
license plate readers (LPR) are used by law enforcement agencies across the country to
identify persons or vehicles whose license plates are connected to a crime or infraction.
Cameras mounted to police vehicles automatically take photos of license plates. The
license plate characters in the photo are then translated into letters and numbers, and
compared to law enforcement databases of registered vehicles known to be, or suspected
of being involved with crimes or infractions. If a license plate that was read matches an
entry on a database, the LPR system will alert the officer that a suspect vehicle is in the
immediate area of that LPR system. Town Council approved the purchase of the LPRs
from ARC Government Solutions, Inc., at the May 10, 2016, Town Council meeting. The
vendor was unable to honor the original proposal, so a new vendor has been selected.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly
seconded the motion to cancel the May 10, 2016, award for the purchase of automated
license plate readers from ARC Government Solutions, Inc.; approve the purchase of
automated license plate readers from Trinity Innovative Solutions, LLC; and authorize the
Town Manager to execute an Enterprise Service Agreement and Federal Bureau of
Investigation Criminal Justice Information Services Security Addendum with Vigilant
Solutions, Inc., for the related software. The motion was approved by a vote of 7-0.
11. Consider and act upon awarding Bid No. 2016-51-B Prosper Road Improvement
Project 2016, to SPI Asphalt, LLC, related to construction services for Prosper Trail
(Coit Road to Custer Road); and authorizing the Town Manager to execute a
construction agreement for same. (FJ)
Item 5a
Page 5 of 7
Public Works Director Frank Jaromin presented this item before the Town Council. The
contractor will reconstruct portions of Prosper Trail between Coit Road and Custer Road by
removing multiple existing asphalt failures, compacting the sub grade, and installing five
inches of new asphalt prior to installing a single course chip seal and new thermoplastic
pavement markings the entire length of the project. During construction, delays are
expected during the day due to the moving lane closure. The contract specifies a
substantial completion time of 50 calendar days. Staff anticipates the construction will begin
before the end of this month and be complete prior to school resuming in the fall.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller
seconded the motion to award Bid No. 2016-51-B to SPI Asphalt, LLC., related to
construction services for the Prosper Trail (Coit Road to Custer Road); and authorize the
Town Manager to execute a construction agreement for same. The motion was approved
by a vote of 7-0.
12. Consider and act upon a request for a façade exception for Windsong Ranch
Townhomes Mail Kiosk, on 1.0± acre, located on the southwest corner of Foxglove
Lane and White Clover Lane. (MD16-0004). (JW)
The developer of the Windsong Ranch Townhome project has submitted a request for a
façade exception for the development’s mail kiosk. In lieu of individual mailboxes at each
townhome unit, the residents will retrieve their mail at the centrally-located kiosk. The
applicant is requesting the exterior of the structure be constructed of stainless steel gabion
baskets filled with limestone aggregate along with Knotwood aluminum boards. The
standards of the Zoning Ordinance require a 100% exterior masonry material; therefore, a
façade exception is required. David Blom, representative of Windsong Ranch, further
explained the design elements of the proposal.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to approve the request for a façade exception for Windsong Ranch
Townhomes Mail Kiosk, on 1.0± acre, located on the southwest corner of Foxglove Lane
and White Clover Lane. The motion was approved by a vote of 7-0.
13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.087 – To discuss and consider economic development incentives.
13b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
13c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with TABC permits for special events, and all matters incident and
related thereto.
Item 5a
Page 6 of 7
13d. Section 551-074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks and Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 7:30 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:10 p.m.
Councilmember Miller made a motion and Councilmember Dugger seconded the motion to
appoint Bobby Atteberry to complete the unexpired term for Place 5 of the Planning &
Zoning Commission. The motion was approved by a vote of 7-0.
9. Consider and act upon appointing a Charter Review Commission. (RB)
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded the
motion to appoint the following individuals to the Charter Review Commission:
Councilmember Kenneth Dugger
Roger Thedford
J.D. Sanders
Bill Beavers
Tom Aiken
Teague Griffin
Robert Griffis
Mike Goddard
Charles Cotten
Cameron Reeves
Alternate:
Councilmember Mike Korbuly
The motion was approved by a vote of 7-0.
Mayor Smith appointed Councilmember Dugger as Chairman of the Charter Review
Commission.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Town Hall/Multi-Purpose Facility. (HW)
Hulon Webb, Executive Director of Development and Community Services, provided an
update on the Town Hall/Multi-Purpose Building project. Council requested to review
the information provided by the project architect at least one week prior to the next
Council presentation on July 12, 2016.
Item 5a
Page 7 of 7
Proposed Timeline for Solid Waste/Recycling RFP. (HJ)
Town Manager Harlan Jefferson provided an update on the request for proposals for
Solid Waste/Recycling Services.
Town Council Subcommittees. (RB)
Town Secretary/PIO Robyn Battle reviewed the existing Town Council subcommittees
and the Council members that serve on each. The Council requested that this item be
discussed again in the spring.
Councilmember Dugger asked Town Manager Harlan Jefferson about future plans for a
new Police Station. Mr. Jefferson responded that the topic would be discussed at the
June 29 Budget Work Session.
Deputy Mayor Pro-Tem Dixon asked staff to follow up with the Prosper Economic
Development Corporation about federal, local, and regional funds that may be available
for security projects.
Councilmember Davis asked staff to look into the policy for closing parking at Town
parks for special events.
16. Adjourn.
The meeting was adjourned at 8:29 p.m. on Tuesday, June 14, 2016.
These minutes approved on the 28th day of June, 2016.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 1
To: Mayor and Town Council
From: January Cook, CPPO, CPPB, Purchasing Agent
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Consider and act upon authorizing the competitive sealed proposal procurement method for the
purchase and installation of artificial field turf for the Town of Prosper Frontier Park - North Field
Improvements project.
Description of Agenda Item:
On January 12, 2016, the Town Council approved the construction manager-at-risk (CMAR)
procurement method for the construction of the Town of Prosper Frontier Park North Field
Improvements Project; and on April 26, 2016, the Town Council approved an agreement with
Dean Electric, Inc., dba Dean Electric, for CMAR services. The estimated CMAR fees include
overseeing the turf installation, but do not include the purchase and installation of the artificial
field turf.
In order to select an artificial field turf system based on other considerations besides price, staff
recommends utilizing the competitive sealed proposal procurement method for this project. The
following criteria will be used to determine the best value for the Town:
The extent to which the proposed system exceeds the minimum requirements. (20%)
The cost of the proposed system. (40%)
The detailed project plan. (10%)
The proven track record of the proposed system. (15%)
The qualifications and experience of the proposed project team. (15%)
Town Staff Recommendation:
Town staff recommends the Town Council approve the competitive sealed proposal
procurement method for the purchase and installation of artificial field turf for the Town of
Prosper Frontier Park - North Field Improvements project.
Proposed Motion:
I move to approve the competitive sealed proposal procurement method for the purchase and
installation of artificial field turf for the Town of Prosper Frontier Park - North Field Improvements
project.
Prosper is a place where everyone matters.
FINANCE
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached are the Preliminary Site Plan and Site Plans acted on by the Planning & Zoning
Commission at their June 21, 2016, meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any Preliminary Site Plan or Site Plan
acted on by the Planning & Zoning Commission.
Attached Documents:
1. Revised Site Plan for Windsong Ranch Marketplace (western portion of development)
2. Site Plan for Blue Star Storage
3. Site Plan for Broadway Station
Attachment Summary:
Project
Name
Type Location Building
Size
Existing/
Proposed Uses
Known
Tenant(s)
Windsong
Ranch
Marketplace
Revised
Site Plan
Northeast corner
of US 380 and
Gee Road
155,017
square feet
(total)
Big box, retail,
restaurant uses
Kroger and
unknown
retail and
restaurant
tenants
Blue Star
Storage
Site Plan 400± feet south of
Prosper Trail,
400± feet west of
Preston Road
22,750
square feet
Mini-warehouse Blue Star
Storage
Broadway
Station
Site Plan South side of
Broadway Street,
650± feet east of
Coleman Street
2,486
square feet
Office Unknown
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5c
SF AC
4 PD-40 RETAIL/RESTAURANT (39.5%)164,301 3.77 31,345 40' 19.1% 0.191:1 1:250 (RET.), 1:100 (REST.)200 201 7 8 3,015 15,636 105,083 11,501 12,237
7 PD-40 GROCERY/RETAIL 551,020 12.65 123,494 40' 22.4% 0.224:1 1:250 494 576 12 12 8,640 23,782 365,158 38,571 38,586
8 PD-40 CONVENIENCE STORE W/FUEL 60,810 1.40 178 40' 0.3% 0.003:1 MIN. 3 SPACES (EMPLOYEE) 3 5 1 1 75 1,718 52,987 4,257 5,927
SUBTOTAL 17.82
ROW DEDICATION 57,499 1.32
TOTAL 833,630 19.14 155,017 697 782 20 21 11,730 41,136 523,228 54,329 56,750
SITE DATA SUMMARY TABLE
ZONING BUILDING
HEIGHT
FLOOR AREA
RATIO
INTERIOR LANDSCAPE
REQUIRED (SF)
INTERIOR LANDSCAPE
PROVIDED (SF)
IMPERVIOUS AREA
(SF)LOT PROPOSED USE LOT AREA PARKING
REQUIRED
PARKING
PROVIDEDREQ. PARKING RATIO OPEN SPACE
REQUIRED (SF)
OPEN SPACE
PROVIDED (SF)
BUILDING AREA
(SF)
COVERAGE
(%)
REQUIRED HANDICAP
PARKING
PROVIDED HANDICAP
PARKING
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DATE : JUNE 14, 2016
SITE PLAN
WINDSONG RANCH MARKETPLACE
LOTS 4, 7 & 8
19.14 AC. SITUATED IN THE
J. SALING SURVEY, ABSTRACT NO. 1675
TOWN OF PROSPER, DENTON COUNTY, TEXAS
Engineer:
KIMLEY-HORN AND ASSOCIATES, INC
12750 MERIT DRIVE
SUITE 1000
DALLAS, TX 75251
TEL NO. (972) 770-1300
CONTACT: MATT LUCAS, P.E.
Owner/Applicant:
NORTHEAST 423/380, LTD
7001 PRESTON ROAD
SUITE 410
DALLAS, TX 75205
TEL NO. (214) 224-4600
CONTACT: ROBERT DORAZIL
U.S. HWY 380
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NORTH
LOCATION MAP
NTS
1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE
ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE
ZONING ORDINANCE.
3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS
CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING
ORDINANCE.
6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE
DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS
DIRECTED BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE
AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF CURRENT,
ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE
SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND
SHALL CONFORM TO THE APPROVED FACADE PLAN.
14. SIDEWALKS OF NOT LESS THAN SIX (6') FEET WIDTH ALONG THOROUGHFARES AND
COLLECTORS AND FIVE (5') IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE
RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.
15. APPROVAL OF SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED
BY THE TOWN ENGINEER.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE
WITH THE ZONING ORDINANCE.
19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE
CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE: HOWEVER, CHANGES
TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT
IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS.
20. LOTS SHALL HAVE FRONTAGE ON A COMMON ACCESS DRIVE OR A PUBLIC STREET. THE
COMMON ACCESS DRIVE SHALL BE A DEDICATED PUBLIC ACCESS, UTILITY, AND FIRE
LANE EASEMENT.
21. ON-SITE PARKING LOT LIGHTING SHALL INCLUDE DIMMERS.
22. DEVELOPER SHALL MAINTAIN THREE (3) FOOT BERMS FOR PURPOSES OF SCREENING
ALONG GEE ROAD AND WINDSONG RANCH PARKWAY, AND SHALL USE BEST EFFORTS TO
INSTALL BERMS ALONG US HIGHWAY 380.
23. ALL RETAINING WALLS ALONG CREEK TO BE STONE.
24. LOADING AREAS LOCATED ADJACENT TO MAJOR CREEKS SHOULD BE SCREENED FROM
THE FLOODPLAIN BY A SOLID LIVING SCREEN TO REACH A MIN. OF 14 FT. TALL WITHIN 2
YEARS.
TOWN OF PROSPER
SITE PLAN NOTES
GENERAL NOTES:
1. DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE
NOTED.
2. FIRE LANES SHALL BE A MINIMUM OF 24' IN WIDTH WITH A 30'
TURNING RADIUS.
3. MEDIANS ALONG WINDSONG PARKWAY SOUTH ARE PRIVATELY
OWNED BY TVG. ANY STREET IMPROVEMENTS ALONG
WINDSONG PARKWAY SOUTH ARE TO DISCUSSED WITH THE
TOWN AND TVG.
4. ALL OUTDOOR SALES AREA SHALL COMPLY WITH ZONING
EXHIBIT D (ORDINANCE NO. PD-40.)
5. FDCS SHALL BE PROVIDED IN ACCORDANCE WITH TOWN OF
PROSPER STANDARDS.
6. TREES SHALL NOT BE LOCATED WITHIN PUBLIC EASEMENTS IN
ACCORDANCE WITH TOWN STANDARDS. ORNAMENTAL TREES
MAY BE LOCATED WITHIN THE 15' WATER EASEMENT (LOCATED
ALONG THE NORTH SIDE OF THE 75' CITY OF IRVING
EASEMENT) NO CLOSER THAN FOUR FEET (4') TO THE WATER
LINE AND REQUIRING INSTALLATION OF A ROOT BARRIER.
7. GEE RD. IS SHOWN AS ULTIMATE BUILD OUT BASED ON
INFORMATION PROVIDED BY OTHERS.
8. FOUNDATION PLANTINGS WILL CONFORM TO LANDSCAPE
PLANS TO BE APPROVED BY THE TOWN.
FIRE LANE
LEGEND
LOT LINE
SETBACK LINE
EASEMENT LINE
PUBLIC ACCESS, UTILITY,
AND FIRE LANE EASEMENT
GRATE INLET
CURB INLET
STORM DRAIN JB/MH
SANITARY SEWER MH
LANDSCAPE SCREEN
Owner
THE KROGER CO.
1331 E. AIRPORT FRWY
IRVING, TX 75062
TEL NO. (972) 785-6015
CONTACT: CHRISTINA KONRAD
PROPOSED IRRIGATION METER
PROPOSED FIRE HYDRANTFH
IM
LANDSCAPE AREA
CASE # D16-0056
*
*
*
*SINGLE-STORY BUILDING
PROPERTY LINE
ID TYPE SIZE
WM DOMESTIC 2"
WM 3"
WATER METER SCHEDULE
NO.
1
1
IM IRRIGATION 2"2
DOMESTIC
PROPOSED WATER METERWM
Item 5c
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209
212
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212 EAST BROADWAY
PART OF BRYANT'S # 1 ADDITION,
BLK.12, LOT 6R
.248 ACRE TRACT
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
Scott Wescoat
Bill Smith
David Izquierdo
OWNER
8676 Highpoint Dr.
Prosper, Texas 75078
(469) 223-0096
05/09/16
OFFICE BUILDING SITE REVIEW
CASE # D16-0053
01 SITE PLAN
SCALE: 1/16"= 1'-0"
02 SITE NOTES
03 VICINITY MAP
Item 5c
Page 1 of 3
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Conduct a Public Hearing and consider and act upon an ordinance amending the Future Land
Use Plan from Retail & Neighborhood Services to High Density Residential, on the northeast
corner of First Street and Coit Road, to allow for an age-restricted, private gated, senior living
development. (CA16-0002). [Companion Case Z16-0004]
History:
At the May 24, 2016, meeting, the Town Council tabled this item per the applicant’s request.
Description of Agenda Item:
Town staff has received a request to rezone 12.7± acres, from Retail (R) to Planned
Development-Multifamily (PD-MF), located on the northeast corner of First Street and Coit
Road, to allow for an age-restricted, private gated, senior living development, Zoning Case Z16-
0004.
According to the Comprehensive Plan, Retail & Neighborhood Services typically include retail
establishments that provide merchandise for retail sale, banks, neighborhood office and small
medical offices. It notes neighborhood service uses should also be strategically placed along
the Town’s perimeter in order to attract patrons from neighboring communities, enhancing sales
tax revenue opportunities. According to the Plan, High Density Residential is for developments
consisting of greater than 2.5 dwelling units per acre and lot sizes less than 10,000 square feet.
It notes High Density Residential may take the form of multifamily or single family attached
dwelling units and may include mixed-use lofts/apartments, patio homes, snout houses,
brownstones and townhomes. The proposed development resembles a townhome
development with single story duplex, four-plex, five-plex, and six-plex alley-served buildings.
Further description of the Retail & Neighborhood Services and High Density Residential land
use types are in the attached excerpt from page 30 of the Comprehensive Plan.
Rezoning requests which do not conform to the Future Land Use Plan shall be accompanied by
a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates
the Town will encounter “development proposals that do not directly reflect the purpose and
intent of the land use pattern as shown on the Future Land Use Plan map.”
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 3
The document recommends that “development proposals that are inconsistent with the Future
Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the
following questions and should be reviewed on their own merit.
Will the proposed change enhance the site and the surrounding area?
Is the proposed change a better use than that originally envisioned and depicted on the
Future Land Use Plan map?
Will the proposed use impact adjacent residential areas in a negative manner?
Will the proposed use be compatible with and/or enhance adjacent residential uses?
Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of
operation, and other general aspects of compatibility?
Does the proposed use present a significant benefit to the public health, safety, welfare
and/or social well-being of the community?
Would it contribute to the Town’s long-term economic stability?
The Plan states, “it should be incumbent upon the applicant making such a proposal to provide
evidence that the proposal meets the aforementioned considerations, supports community goals
and objectives as set forth within this Plan, and represents long term economic and/or social
benefits for the community as a whole, not just a short-term financial gain for whoever is
developing the project.”
In response, the applicant provided a letter regarding the proposed amendment, which
addresses the aforementioned criteria. The applicant met with the adjoining residents of the
Greenspoint Subdivision to inform them of this request, and indicated there is general support
for the proposed Future Land Use Plan amendment and the age-restricted, private gated, senior
living development.
The Plan also recommends that “it is important to recognize that proposals not directly
consistent with the Plan could reflect higher and better long-term uses than those originally
envisioned and shown on the Future Land Use Plan map for a particular area. This may be due
to changing markets, demographics and/or economic trends that occur at some point in the
future after the Plan is adopted. If such changes occur, and especially if there are
demonstrated significant social and/or economic benefits to the Town of Prosper, then these
proposals should be approved and the Future Land Use Plan map should be amended
accordingly.”
The development will consist of 102 units within duplex, four-plex, five-plex, and six-plex
buildings, on 12.7 acres, equating to 8.05 dwelling units per acre on a single lot. Because the
development consists of multiple buildings on a single lot, it is technically classified as a
multifamily development. For comparison purposes, the Multifamily District (MF) allows for a
maximum of 15 dwelling units per acre. While this request is classified as a multifamily
development, it more closely resembles a townhome development.
Item 7
Page 3 of 3
As is noted in the Economic Analysis Section of the Comprehensive Plan (attached for
reference), the Future Land Use Plan can accommodate over 350 acres of retail acres as
projected by the economic analysis; however, in 2012 there was over 750 acres of retail
development expected based on the assumptions of the Future Land Use Plan. While an
abundance of retail and the associated sales tax can benefit to the Town and citizens, the Plan
notes “it is recommended that additional neighborhood service retail zoning beyond what is
recommended on the Future Land Use Plan should be avoided,” and that an oversupply of retail
may have negative consequences. There is currently an approved Preliminary Site Plan for a
retail development of the subject property (Case D15-0010). Staff recommends the Town
Council consider this opportunity to “down-zone” existing interior retail zoning, which is
supported by the Comprehensive Plan.
Legal Obligations and Review:
The Town Council is required to hold a Public Hearing prior to acting on an amendment to the
Future Land Use Plan. Town staff has received four Public Hearing Notice Reply Forms; not in
opposition to the request. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has
approved the standard ordinance as to form and legality.
Attached Documents:
1. Proposed Ordinance
2. Existing Future Land Use Plan
3. Proposed Future Land Use Plan
4. Existing and proposed Future Land Use Plan exhibit
5. Applicant’s Letter Regarding Proposed Amendment
6. Page 30 of the Comprehensive Plan
7. Economic Analysis from the Comprehensive Plan
8. Public Hearing Notice Reply Forms
Planning & Zoning Commission Recommendation:
At their April 19, 2016, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council consider and act upon an ordinance amending the
Town’s Future Land Use Plan.
Proposed Motion:
I move to ____________ (approve / deny) an ordinance amending the Future Land Use Plan
from Retail & Neighborhood Services to High Density Residential, on the northeast corner of
First Street and Coit Road, to allow for an age-restricted, private gated, senior living
development.
Item 7
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE FUTURE LAND USE PLAN MAP OF THE TOWN OF
PROSPER’S COMPREHENSIVE PLAN; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that the Future Land Use Plan of the Town of Prosper (“Prosper”)
Comprehensive Plan, adopted by Ordinance No. 12-21,as amended, should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the
best interests of the citizens of Prosper to amend a portion of the Comprehensive Plan as set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendment to Prosper’s Comprehensive Plan, Ordinance No. 12-21. The Future Land
Use Plan Map of the Town of Prosper's Comprehensive Plan, adopted by Ordinance No. 12-21,
as amended, is hereby amended to reflect High Density Residential uses on the northeast
corner of First Street and Coit Road, as depicted in Exhibit A, attached hereto and incorporated
by reference.
SECTION 3
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 4
Savings/Repealing Clause. Prosper’s Comprehensive Plan, adopted by Ordinance 12-
21, 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
Item 7
Ordinance No. 16-__, Page 2
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 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF JUNE, 2016.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 7
Item 7
Item 7
CURRENT FUTURE
LAND USE
CLASSIFICATION -
RETAIL &
NEIGHBORHOOD
SERVICES
PROPOSED FUTURE
LAND USE
CLASSIFICATION -
HIGH DENSITY
RESIDENTIAL
Item 7
Amendment to the Comprehensive Plan – Future Land Use Plan
The request to change the zoning on property located at the northeast corner of First Street and
Coit Road from Retail to a Planned Development District – Multi-Family necessitates an
amendment to the Town of Prosper’s Comprehensive Plan. The current Future Land Use Map
indicates that the site is to be developed as Retail & Neighborhood Services and appears to have
been based on the existing entitlement on the site.
While the High Density Residential category allows a maximum density of 15 units/acre, the
proposed Planned Development Standards limit the density of the proposed use to 8.53
units/acre. The traffic impacts, noise and light impacts on the neighborhoods and the future
community park will all be significantly reduced with the proposed use.
• Will the proposed change enhance the site and the surrounding area?
Yes. The site is currently vacant with significant drainage issues that will be addressed with
the proposed development. Development of a single-story, independent, senior facility
provides an opportunity to add an important demographic component to the Prosper
community. Seniors that choose an independent living community want to be active and
provide a new volunteer base that could interact well with the adjacent Kids ‘R Us, the
proposed community park and neighborhood churches.
• Is the proposed change a better use than that originally envisioned and depicted on the
Future Land Use Plan map?
Yes.
o From a planning standpoint, the existing, intense retail designation seems to be out of
context with the surrounding properties:
• North – Retail & Neighborhood Service and on the lot immediately north, the Kids R
Kids proposed development
• East – Low Density Residential - Greenspoint neighborhood
• South – Medium Density Residential - undeveloped
• West – Low Density Residential for the future community park
Given the small parcel size, 12.6 acres, there is little opportunity to buffer the negative
secondary effects of the current retail zoning, with an approved Concept Plan that
includes over 65,000 square feet of retail and over 32,000 square feet of office, from the
single family neighborhoods.
o In addition, from a redundancy of use standpoint, there is a large retail tract to the west of
the site at First Street and Preston Road and there is a very large tract south on Coit Road
at SH 380 that is planned for the US 380 District and will include retail and commercial
uses. Both of these commercial centers are more than adequate to serve the resident’s
needs, are more appropriately located and are much less intrusive into the single family
neighborhoods.
Item 7
• Will the proposed use impact adjacent residential areas in a negative manner?
No. The proposed use is significantly less intensive than the existing use shown on the Land
Use Plan.
• Will the proposed use be compatible with and/or enhance adjacent residential uses?
o Yes. The proposed single-story, residential development is more compatible with the
existing uses in numerous ways:
Commercial delivery traffic adjacent to both the Kids ‘R Us and the Greenspoint
neighborhood will be eliminated
There will be a significant reduction in the noise generated from the site
The height of the buildings adjacent to the Greenspoint neighborhood will be reduced
General traffic to and from the site will be greatly reduced
o In a meeting with 7 of the residents whose properties abut the proposed Oak Timbers site,
all preferred the proposed use – a single-story, senior living community.
• Are uses adjacent to the proposed use similar in nature in terms of appearance, hours
of operation, and other general aspects of compatibility?
Yes. Unlike the existing, intense retail/commercial use, the appearance, hours of operation
and other general aspects of the proposed single-story residential community are virtually
identical to the surrounding uses.
• Does the proposed use present a significant benefit to the public health, safety, welfare
and/or social well-being of the community?
Yes. The proposed use brings a new age demographic to Prosper, one that contributes
through volunteerism but does not add students to the school district. It also fulfills an unmet
market demand that allows families to stay together – one generation benefitting another.
• Would it contribute to the Town’s long-term economic stability?
Yes. The proposed use meets an unmet market demand in Prosper. Other senior facilities
have been proposed but none is a single-story cottage concept. As the population ages, this
use will be economically viable for many, many years. It increases ad valorem property
value without placing additional demands on the school district and without significantly
increasing traffic.
Item 7
Item 7
30
Comprehensive Plan
Town of Prosper
COMMUNITY CHARACTER
Residential High Density
High density residential represents the most
intense residential land uses permitted in
Prosper. High density single family uses will
consist of developments greater than 2.5
dwelling units per acre and lot sizes smaller
than 10,000 square feet. Within Prosper, the
high-density residential district is reflective of
the Artesia development, where single family
residential lot sizes and dwelling units per acre
will be substantially higher than the rest of the
community. High density residential may be
located within the Dallas North Tollway,
Highway 380, town Center and Old Town
Districts. In such areas, high density residential
may take the form of multifamily or single
family attached dwelling units and may include
mixed-use lofts/apartments, patio homes,
snout houses, brownstones and townhomes.
Retail and Neighborhood Services
Neighborhood services typically include retail
establishments that provide merchandise for
retail sale, banks, neighborhood office and
small medical offices. Retail uses are
particularly important because they contribute
to Prosper’s tax base through both property
and sales taxes, making their inclusion
attractive and often times competitive. Within
Prosper, neighborhood service uses will likely
occur at major intersections along the Dallas
North Tollway, HIghway 380 and Preston Road
corridors. Neighborhood service uses should
also be strategically placed along the Town’s
perimeter in order to attract patrons from
neighboring communities, enhancing sales tax
revenue opportunities. The majority of
neighborhood service activity within Prosper
will likely be included within the Dallas North
Tollway, Highway 380, Town Center and Old
Town districts.
Item 7
87 Town of Prosper, TX
Comprehensive Plan
ECONOMIC ANALYSIS
Economic Analysis
Analysis from Catalyst
Acreage
Retail Demand Forecast 2011 City Estimate Total Build Out Capacity
Population 10,560 69,303
Households 3,504 23,024
2010 Median Disposable Income $67,422 $67,422
2010 Per Capita Income $35,716 $35,716
Total Retail Trade per HH $37,183 $37,183
Household Income $107,641 $107,641
Retail percentage of HH Income 34.54% 34.54%
Forecasted Total Retail Trade Potential $130,284,948 $856,013,933
Est. Retail Sales per Square Foot $300
Retail Square Footage Demand* 152,575 2,853,379
Sales Tax Analysis
Annual Total $1,103,400 $17,120,278
Allocation General Fund $551,700 $8,560,139
Economic Development $275,850 $4,280,069
Property Tax Reduction $275,850 $4,280,069
*Est. $300 sales per square foot based upon International Council of Shopping Centers
An analysis using the projected build-out population of Prosper at 69,303 served as a basis to
project a retail purchasing power of $856,013,933, assuming 23,024 households with a $37,183
retail trade per household. This would equate to roughly 2,853,379 square feet of retail space.
For assumption purposes, we assumed a Floor to Area Ratio (FAR) of 0.18 for retail. Dividing the
total square footage of retail by the FAR and further dividing by 43,560 achieves the estimated
retail acres that would be needed to accommodate the 2,853,379 square feet of retail space. This
number is 364 acres.
An important factor to consider in the planning process is how land use decisions ultimately
impact the future financial state of the community. Therefore, Prosper’s Future Land Use Plan
not only guides development within the community but it provides the financial framework
enabling Prosper to provide high-quality services for its residents. The following section
pertains to this very topic and provides estimates on the potential sales tax and ad valorem tax
revenue that could be collected by the Town at build-out. In order to provide a detailed analysis,
experts at Catalyst Commercial were consulted and provided information on future retail trade
potential in Prosper based upon the Future Land Use Plan.
Figure 8: Retail Demand Forecast
Item 7
88
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
Future Land Use Plan Acreage
Retail Assumptions Comp. Plan Total
Acres
Retail Acres per
Category
Neighborhood Services* 331 231.7
Town Center** 575 258.8
Tollway District*** 1,426 142.6
US 380**** 1,248 124.8
Total 3,580 757.9
* Assumed 70% retail component
**Assumed 45% retail component
***Assumed 10% retail component
****Assumed 10 % retail component
In order to determine whether or not the Future Land Use Plan could accommodate the 364 retail acres
projected by the economic analysis, a number of additional assumptions were made. These
assumptions were derived from staff discussions, existing zoning regulations and future characteristics
believed to define each district and include:
1. Approximately 70% of the Neighborhood Services will be retail in nature.
2. Approximately 45% of the Town Center would be retail in nature. The Town Center will likely
have a mixture of retail, office, residential and public space. The primary use, however, will likely
be oriented around retail.
3. 10% of the Tollway District will be retail. Office uses will constitute the largest majority of land
within the Tollway District. Retail areas within the Town Center will likely be at major
intersections and on the first floor of vertical mixed-use apartments/lofts.
4. 10% of the Highway 380 district will be retail. Commercial uses and residential uses will
constitute a significant portion of the corridor. Retail areas at major intersections, including big-
box retailers, will constitute the majority of retail establishments within the corridor.
Given these assumptions, a total of 757 retail acres is expected, based upon the Future Land Use Plan
scenario and the above assumptions. Additionally, the presence of visible and attractive corridors in
Prosper suggests the Town will be able to attract patrons from outside of the Town itself. Our
preliminary analysis indicates that, based on current spending trends experienced today, the Future
Land Use Plan contains more than sufficient retail space to meet the future needs of Prosper.
Item 7
89 Town of Prosper, TX
Comprehensive Plan
ECONOMIC ANALYSIS
Analysis
Retail Sales Tax
While 364 acres of retail is recommended by
the economic analysis, a number of different
factors may affect long-term retail needs in
Prosper and include the following:
• A potential build-out population higher
than the current estimate of69,303.
The 2004 Comprehensive Plan and
recent impact fee reports all estimate a
buildout population of over89,000
residents. Assuming a population of
82,000 residents, Prosper could
accommodate approximately 430 acres
of retail.
• Prosper will have a regional retail
center in the Town Center. This area of
the community will have a regional
draw and will attract retail patrons from
outside of Prosper. Additional retail
acreage, therefore, can be
accommodated due to the regional
nature of such retail.
• Within retail areas, other uses such as
churches, public facilities, schools and
other non-retail uses may occur.
Due to the above factors, it is believed that the
Town could potentially accommodate the 757
retail acres depicted in the chart on page 98. As
the Town grows, and as further comprehensive
plan studies are completed, this number should
be carefully examined and adjusted, if
necessary. Based upon the assumptions from
page 97, 750 acres of retail would essentially
double the initial 364 acre estimates from a
17.1 million total sales tax contribution to
approximately $34 million in sales tax revenue
($17.1 million to the general fund, $8.6 million
to Economic Development and $8.6 million to
property tax reduction). This sales tax revenue,
when combined with estimated Ad Valorem Tax
revenue, would enable Prosper to be financially
secure and provide high level services and/or
property tax reductions to its citizens. It is also
recommended that additional neighborhood
service retail zoning beyond what is
recommended on the Future Land Use Plan
should be avoided.
The 750 acres recommended by this economic
analysis should be sufficient to meet Prosper’s
retail needs. Additional neighborhood services
retail zoning should be avoided. Nodal retail
activity should be concentrated at primary
intersections, and the “four corner” principle
should be avoided to reduce the possibility of
an oversupply of retail acreage. Strip center
development along major roadways should also
be avoided, as the plan recommends.
The consequences of an oversupply of retail
may include:
• Vacant, underutilized land;
• Lower rental rates leading to
undesirable uses;
• Pressures for additional multifamily to
fill vacant parcels; and
• Blighted corridors.
Based upon an extremely conservative allocation of retail acres, the Future Land Use Plan may
accommodate approximately 750 retail acres. This is significantly higher than the 364 retail acres
recommended by the economic analysis.
Item 7
90
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
Ad Valorem Tax
An Ad Valorem analysis was conducted. Comparative properties were selected in each of the
following Future Land Use Plan categories. Based upon the data collected from the Collin and
Denton County Appraisal Districts, an average value per acre was assessed on the comparative
properties to derive an estimated value per acre per land use category. The derived value per
acre was then multiplied by the total number of acres within each district to calculate the total
gross value of the district. Using the current tax rate of .52 cents per $100 of assessed value, an
approximate gross Ad Valorem tax contribution per district was calculated. In order to account
for right-of-way, such as public streets, and tax exemptions, such as schools and churches, 30% of
the total value was subtracted to derive the estimated value and Ad Valorem amount that could
be contributed to the General Fund annually.
It is important to note that this analysis is for estimation purposes only and is based upon
assessed values in 2011 dollars. The purpose of this analysis is to determine the approximate Ad
Valorem contributions that could be generated based upon the Future Land Use Plan.
District Taxable Value Value per Acre Tax Revenue (.52)
Dallas North Tollway $2,790,756,612 $1,957,052 $14,511,934
Highway 380 $1,321,585,597 $1,058,963 $6,872,245
Town Center $2,465,780,302 $4,288,314 $12,822,057
Business Park $247,358,925 $666,736 $1,286,266
Neighborhood Services $478,977,403 $1,447,062 $2,490,682
Old Town $140,457,586 $407,123 $730,379
High Density $564,358,076 $928,221 $2,934,661
Medium Density $7,015,502,244 $1,223,919 $36,480,611
Low Density $3,136,282,464 $567,550 $16,308,668
Gross Ad Valorem Total
Value $18,161,059,208 - $94,437,507
Total Ad Valorem Value
(30% ROW & Exemption) $12,712,741,445 - $66,106,255
Figure 9 : Ad Valorem Estimates
Item 7
91 Town of Prosper, TX
Comprehensive Plan
ECONOMIC ANALYSIS
Tax Gap
Total Town Ad Valorem Income at Build-out $66,106,255
Total Sales Tax Income at Build-out $17,120,278
Total Income from Tax at Build-out $83,590,594
Total Expenditures $52,323,765
Tax Gap Surplus* 31,266,829
In order to determine whether or not the sales and Ad Valorem taxes generated by the Future Land
Use Plan will be sufficient to cover the overall expenses incurred by the community at build-out, an
approximate General Fund budget was calculated based upon the average per capita expenditures
at today’s spending levels.
The Fiscal Year 2010-11 budget indicates that the Town of Prosper had a General Fund budget of
$7,115,112. When this number is divided by the 2010 population of 9,423, an average per capita
expenditure of $755 per person is derived. This per capita expenditure by Prosper is comparable
with other regional communities. Southlake has the highest per capital expenditure among the
comparative group primarily due to its high residential property values, high-quality non-residential
uses and its regional Town Center drawing patrons from outside the community. This situation
enables Southlake to provide higher level services and enhanced aesthetics to its residents. The
similarities between the economics and vision between Prosper and Southlake are similar in nature.
2010
Population
FY 2010-2011
General Fund
Budget
Per Capita
Expenditure
Southlake 26,575 $30,410,480 $1,144
Richardson 99,223 $94,180,002 $949
Allen 84,246 $72,270,464 $858
Prosper 9,423 $7,115,112 $755
Argyle 3,282 $2,320,366 $707
Plano 258,841 $182,758,485 $706
McKinney 131,117 $90,788,018 $692
Frisco 116,989 $77,945,250 $666
Celina 6,028 $3,945,684 $655
Desoto 49,047 $29,760,521 $607
Rowlett 56,199 $33,793,677 $601
Little Elm 25,898 $13,157,771 $508
Multiplying the per capita expenditure of
$755 per person by the ultimate capacity
of 69,303, an ultimate capacity General
Fund budget for Prosper of $52,323,765 is
derived.
Discussed in the previous sections, the
approximate Ad Valorem contribution to
the General Fund at build-out would be
approximately $66.1 million. The
approximate sales tax contribution to the
general fund based upon the 750 retail
acres would be approximately $17.1
million. Based upon this scenario, total
General Fund income from taxes at build-
out would be approximately $83.5 million.
This scenario would position Prosper to be
in a similar situation to Southlake and
Richardson, enabling the Town to provide
high quality services for its residents.
It should be noted that additional forms of sales tax, such as Industry Tax and Inventory Tax, are not
included and will create additional avenues for income. These numbers are approximate and are
derived for estimation purposes only.
*This is an estimate based upon the projected sales tax revenue and possible Ad Valorem revenue. This estimate does not include
additional forms of sales tax such as Industry Tax and Inventory Tax.
Figure 10: Tax Gap Analysis
Item 7
92
Comprehensive Plan
Town of Prosper
ECONOMIC ANALYSIS
Economic Analysis Conclusion
Forecasted potential sales tax data indicates
that Prosper has the potential to derive a
significant monetary amount from sales tax
receipts at build-out. This is ultimately
dependent upon the community attracting
high-quality retail establishments that serve
residents of the community and provide
regional retail destinations that attract patrons
from outside of Prosper. The primary regional
destinations will be located within the Town
Center and at the intersection of the Dallas
North Tollway and Highway 380. Additional
retail may be located within the Dallas North
Tollway and Highway 380 districts, but will likely
be less intense in nature.
Retail/Neighborhood Service areas away from
the major districts will likely serve the internal
needs of Prosper, providing less intensive
services to adjacent residential neighborhoods.
Additional retail/neighborhood services zoning
outside of the Dallas North Tollway, Town
Center and Highway 380 districts should be
carefully considered in order to avoid an
oversupply of retail zoning. Flexibility within
the Dallas North Tollway, Highway 380 and
Town Center districts will enable Town staff to
make appropriate, market-based land use
decisions as development occurs.
An estimate of Ad Valorem taxes at build-out
suggests that Prosper will have the potential for
a significant Ad Valorem contribution to its
General Fund. Prosper’s high-quality
neighborhoods and its dedication to providing
high-quality retail destinations will be a primary
factor in determining the ultimate Ad Valorem
value of the community. As development
occurs, the community has expressed a desire
to attract the highest quality development
possible to protect the Town’s visual character
and maximize the taxable value for both the
General Fund and Prosper ISD. Future non-
residential land use decisions should consider
the long-term potential contributions of that
particular development to the community,
favoring clustered nodal retail activity centers,
Class A office space (office space defined by
high-quality furnishings, state-of-the-art
facilities and excellent accessibility) and
corporate campuses over strip retail and stand-
alone retail establishments.
The retail data provided indicates that the
Future Land Use Plan created for Prosper
provides a significant amount of retail space to
meet the future needs of Prosper residents.
The Future Land Use Plan also gives Town Staff,
Planning & Zoning Commission and Town
Council ultimate flexibility to determine where
retail areas should be located within the
established districts.
While the numbers provided are estimates on
the potential sales tax and Ad Valorem income
of the community at build-out, it is important to
note that these are only estimates. To ensure
that Prosper has a financially secure future, the
land use and character principles outlined in
this Plan should be used as a guide to attract
the highest quality development possible. High-
quality and long-lasting development is
ultimately the key in ensuring that Prosper has
a sound financial future. Focusing on attracting
and maintaining such development will enable
Prosper to meet the essential needs of its
future residents.
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Page 1 of 4
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Conduct a Public Hearing and consider and act upon an ordinance rezoning 12.7± acres, from
Retail (R) to Planned Development-Multifamily (PD-MF), located on the northeast corner of First
Street and Coit Road, to allow for an age-restricted, private gated, senior living development.
(Z16-0004). [Companion Case CA16-0002]
History:
At the May 24, 2016, meeting, the Town Council tabled this item per the applicant’s request.
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land
Use Plan
Subject
Property
Retail and Specific Use
Permit-7
(Child Day Care Center)
Undeveloped Land Retail & Neighborhood
Services
North Retail
Undeveloped Land
(Future Child Day Care
Center)
Retail & Neighborhood
Services
East Planned Development-18-
Single Family
Single Family Residential
(Greenspoint)
Low Density
Residential
South Single Family-15 Undeveloped Land Medium Density
Residential
West Single Family-15 Future Community Park Low Density
Residential
Prosper is a place where everyone matters.
PLANNING
Item 8
Page 2 of 4
The proposed development consists of 102 cottage/townhome-style units, on 12.7 acres, within
either duplex, four-plex, five-plex, or six-plex single story buildings. The development will be
private, gated and the homes will be alley served. The residents of the development will be
age-restricted to 55 years and older.
Development of the property is proposed in accordance with Exhibit C (development standards),
Exhibit D (conceptual development plan), Exhibit F (conceptual architectural elevations), and
Exhibit G (conceptual landscape plans), and in accordance with the Multifamily (MF) District.
The request is in accordance with the MF district due to the fact that there are multiple buildings
on one lot; however, the development will resemble a townhome development. The notable
proposed development standards are as follows:
1. Development Regulations – The proposed PD limits residents to 55 years and older; limits the
density to 8.05 dwelling units per acre; allows for minimum 1,100 square foot dwelling units; and
provides for building and landscape setbacks, as indicated in Exhibit C.
2. Parking – The proposed PD requires one enclosed space per unit, and 0.6 field parking spaces
per unit. The Town’s Zoning Ordinance does not provide for a parking ratio for senior living
developments. As such, the applicant has provided a comparable analysis demonstrating the
proposed parking is sufficient. Town staff also conducted a survey of surrounding municipalities
to further determine if the proposed parking was in line with their requirements, and it was
determined the proposed parking is consistent with other municipal requirements and adequate
for a senior living development.
3. Elevations – The proposed PD requires the buildings to be constructed in accordance with
Exhibit F, which includes the requirement for a minimum 8:12 roof pitch.
4. Landscaping – The proposed PD requires a solid living screen adjacent to Greenspoint, and
requires the central detention pond to be amenitized, as show on Exhibit G-2. Staff has indicated
to the applicant that a constant water level detention pond should be considered.
The applicant has indicted that they met with the adjoining residents of the Greenspoint
Subdivision to inform them of this request, and that there is general support for the proposed
rezoning request. In addition, there is Preliminary Site Plan (Case# D15-0010) for a retail
development, which has been approved and is attached for reference. During the Preliminary
Site Plan approval process, residents of the Greenspoint Subdivision attended the Planning &
Zoning Commission meeting to voice concern regarding the proposed retail development, and
requested a masonry wall, as opposed to solid living screening, along their property lines.
Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood
Services for the property, which typically includes retail establishments that provide
merchandise for retail sale, banks, neighborhood office and small medical offices. High Density
Residential is for developments consisting of greater than 2.5 dwelling units per acre and lot
sizes less than 10,000 square feet, and may take the form of multifamily or single family
attached dwelling units and may include mixed-use lofts/apartments, patio homes, snout
houses, brownstones and townhomes. The companion item is a request to amend the Future
Land Use Plan for High Density Residential uses on the property to accommodate an age-
restricted, private gated, senior living development.
Item 8
Page 3 of 4
Thoroughfare Plan – The property is adjacent to First Street, a future 4-lane divided minor
thoroughfare, and Coit Road, a future 6-lane divided major thoroughfare. The zoning exhibit
complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended
to the property.
Access – Primary access to the property will be provided from First Street and Coit Road via a
gated entry.
Schools – This property is served by the Prosper Independent School District. It is not
anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – No 100-year floodplain exists on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners, Homeowner’s Associations, and
Prosper ISD as required by state law. Town staff has received three Public Hearing Notice
Reply Forms; not in opposition to the request. Town Attorney, Terrence Welch of Brown &
Hofmeister, L.L.P., has approved the standard ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Proposed Exhibits A, B, C, D, E, F, and G
3. Surrounding Zoning Map
4. Applicant Provided Parking Analysis
5. Approved Preliminary Site Plan (D15-0010)
6. Public Hearing Notice Reply Forms
Planning & Zoning Commission Recommendation:
At their April 19, 2016, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 5-0, subject to incorporation of all Exhibits into an
approved ordinance, with appropriate deed restrictions, and requiring larger caliper trees at
development.
Since the meeting the applicant has revised Exhibit G to increase the size of the tress within the
solid living screen along the Greenspoint Subdivision from 3-caliper inches to 4-caliper inches.
Town Staff Recommendation:
There are two options for a recommendation, subject to the action taken on the companion case
for the amendment to the Future Land Use Plan (CA16-0002).
1. If the Town Council recommends approval of the amendment to the Future Land Use Plan, the
Council should recommend approval of the zoning request.
2. If the Town Council recommends denial of the amendment to the Future Land Use Plan, the
Council should deny the zoning request.
Item 8
Page 4 of 4
Proposed Motion:
(Motion for approval)
I move to approve ordinance rezoning 12.7± acres, from Retail (R) to Planned Development-
Multifamily (PD-MF), located on the northeast corner of First Street and Coit Road, to allow for
an age-restricted, private gated, senior living development.
(Motion for Denial)
I move to deny an ordinance rezoning 12.7± acres, from Retail (R) to Planned Development-
Multifamily (PD-MF), located on the northeast corner of First Street and Coit Road, to allow for
an age-restricted, private gated, senior living development.
Item 8
TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE, BY REZONING A TRACT OF LAND
CONSISTING OF 12.6639 ACRES, MORE OR LESS, SITUATED IN THE
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM RETAIL (R) TO PLAN NED
DEVELOPMENT-MULTIFAMILY (PD-MF); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that the Town’s Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from Oak
Timbers-Prosper, LLC (“Applicant”), to rezone 12.6639 acres of land, more or less, situated in
the William H. Thomason Survey, Abstract No. 895, 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, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20, is amended as follows: The zoning designation of the below-described
property containing 12.6639 acres of land, more or less, situated in the William H. Thomason
Survey, Abstract No. 895, 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-Multifamily (PD-MF). 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.
Item 8
Ordinance No. 16-__, Page 2
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, attached hereto as Exhibit C; 3) the
concept plan, attached hereto as Exhibit D; 4) the development schedule, attached hereto as
Exhibit E; 5) the conceptual elevations, attached hereto as Exhibits F, and 6) the conceptual
landscape plans, attached hereto as Exhibit G, 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.
Two (2) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance 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.
Item 8
Ordinance No. 16-__, Page 3
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 shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF JUNE, 2016.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 8
EXHIBIT "A"
1"=60’
CONTACT:
MORI AKHAVAN 972-816-2626
moriakhavan@yahoo.com
S ORI
ENGINEERING, INC.
2616 Pickwick Lane Plano, Texas 75093
PREPARED BY:
DATE:SCALE:
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
CONTACT:
MARCH 2016
F-7701
OWNER:
OAK TIMBERS PROSPER
SENIOR COMMUNITY
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895 EXHIBIT "A"
Oak Timbers- Prosper, LLC
Prosper, Texas
VAUGHAN MITCHELL
(817) 996-9083
E-mail: avm@oaktimbers.net
BEING 12.6639 ACRE TRACT OF LAND IN THE WILLIAM H. THOMASON SURVEY, ABSTRACT
NO. 895, IN CITY OF PROSPER, COLLIN COUNTY, TEXAS, AND BEING LOT 2, BLOCK A OF
KIDS R KIDS, BLOCK A, LOTS 1&2 ADDITION, AN ADDITION TO THE CITY OF PROSPER,
COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2014, PAGE 497,
PLAT RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE OF COIT
ROAD (VARIABLE RIGHT-OF-WAY), SAID POINT BEING THE NORTHWEST CORNER OF SAID
LOT 2, AND THE SOUTHWEST CORNER OF LOT 1, BLOCK A OF SAID KIDS R KIDS
ADDITION;
THENCE S 89 58’ 30" E, WITH THE COMMON LINE OF SAID LOTS 1 AND 2, A DISTANCE
OF 521.64 FEET TO A 5/8" INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF
SAID LOT 2 AND THE SOUTHEAST CORNER OF SAID LOT 1, SAID CORNER ALSO BEING IN
THE WEST LINE OF GREENSPOINT-PHASE I ADDITION, AN ADDITION TO THE CITY OF
PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2006,
PAGE 345, PLAT RECORDS, COLLIN COUNTY, TEXAS;
THENCE ALONG THE COMMON LINES OF SAID LOTS 2 AND SAID WEST LINE
GREENSPOINT-PHASE I ADDITION THE FOLLOWING CALLS:
S 45 00’ 00" E, A DISTANCE OF 283.21 FEET TO A 5/8 INCH
IRON ROD FOUND W/ CAP MARKED "RPLS #1890" FOR THE BEGINING OF CURVE TO
THE RIGHT WITH A DELTA ANGLE OF 45 00’ 00", RADIUS OF 182.00 FEET, AND A
CHORD OF S 22 30’ 00" E, 139.30 FEET;
ALONG THE SAID CURVE TO THE RIGHT A DISTANCE OF 142.94 FEET TO A 5/8 INCH
IRON ROD FOUND W/ CAP MARKED "RPLS #1890";
S 00 00’ 00" W, A DISTANCE OF 434.94 FEET TO A 1/2 INCH IRON ROD FOUND IN
THE NORTH RIGHT-OF-WAY LINE OF FIRST STREET (VARIABLE RIGHT-OF-WAY), SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 2 AND THE MOST
SOUTHWESTERLY CORNER OF SAID GREENSPOINT-PHASE I ADDITION;
THENCE ALONG THE SAID NORTH LINE OF FIRST STREET THE FOLLOWING CALLS:
N 89 37’ 06" W, A DISTANCE OF 415.55 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
N 85 48’ 21" W, A DISTANCE OF 150.40 FEET TO A 5/8 INCH IRON ROD SET FOR
CORNER;
N 89 37’ 06" W, A DISTANCE OF 175.00 FEET TO A 5/8 INCH IRON ROD SET FOR
THE BEGINNING OF A CORNER CLIP AT THE NORTEAST CORNER OF SIAD FIRST STREET
AND COIT ROAD CORNER;
THENCE N 44 47’ 48" W, ALONG THE SAID CORNER CLIP A DISTANCE OF 35.47 FEET TO
A 5/8 INCH IRON ROD SET FOR CORNER IN THE SAID EAST LINE OF COIT ROAD;
THENCE ALONG THE SAID EAST LINE OF COIT ROAD THE FOLLOWING CALLS:
N 00 01’ 30" E A DISTANCE OF 170.00 FEET TO A 5/8 INCH
IRON ROD FOUND W/ CAP MARKED "RPLS #1890";
N 03 47’ 51" W A DISTANCE OF 150.00 FEET TO A 5/8 INCH
IRON ROD FOUND W/ CAP MARKED "RPLS #1890";
N 00 00’ 01" E A DISTANCE OF 404.35 FEET TO THE PLACE OF
BEGINNING AND CONTAINING 12.6639 ACRES (551,637 SQUARE FEET) OF LAND MORE
OR LESS.
DESCRIPTION
POWER POLEPP
LEGEND
FIR
MH
FOUND IRON ROD
SAN. SEW. MANHOLE
WM
WV
CO CLEAN OUT
WATER VALVE
WATER METER
FH FIRE HYDRANT
W WATER LINE
SS
T
G
SAN. SEWER LINE
TELEPHONE LINE
GAS LINE
8" SS
LIGHT POLELP
8" W
T
6" OAK TREE
BM
531.84 BENCH MARK
TELEPHONE PEDESTAL
ASPHALT PAVEMENT
SIR SET IRON ROD
GM GAS METER
G
TEL-PED
LOT 1
LOT 2
BLOCK B
GREENSPOINT-PHASE 1
(VOL. 2006, PG. 345)
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 15
COMMON AREA
COMMON AREA
DRAINAGE ESM’T.
5’ UTIL. ESM’T.
5/8" IRF
W/ RPLS
#1890 CAP
5/8" IRF5/8" IRF
1/2"
IRF
5/8"
IRS
5/8"
IRS
CL.
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895
J. STONE SURVEY, ABSTRACT NO. 847
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BEGINNING
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BLOCK A, LOT 2
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VOL. 2014, PG. 497
P.R.C.C.T
VOL. 2014, PG. 497
P.R.C.C.T
VOL. 2014, PG. 497
P.R.C.C.T
VOL. 2014, PG. 497
P.R.C.C.T
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P.R.C.C.T
BLOCK B
GREENSPOINT-PHASE 1
(VOL. 2006, PG. 345)
CL.
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COUNTY CLERK’S
FILE NO.
20140728000786820
COUNTY CLERK’S
FILE NO.
20140728000786820
COUNTY CLERK’S
FILE NO.
20140728000786820
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ILLIAM H. THOM ASON SURVEY, ABSTRACT NO. 895
12.6639 ACRES
(551,637 SF)
VOL. 2014, PG. 497
P.R.C.C.T
ERNEST HEDGCOTH
REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 2804
T
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8
4
4
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TERRA LOAM LLC
INST. NO. 20150810000998890
BLOCK A, LOT 1
VOL. 2014, PG. 497
P.R.C.C.T
DENSITY:
102 UNITS / 12.6639 AC
(8.05 U/AC)
725
730
735
740
745
750
725
7
3
0
735
7
3
5
7
4
0
740
745
750
720
725
730
735
740
745
750
FL. 722.7
FL. 722.5
FL. 741.7 FL. 741.0
FLOOD INFORMATION
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY - NATIONAL FLOOD
INSURANCE PROGRAME- FLOOD INSURANCE RATE MAP (FIRM) FOR THE TOWN OF
PROSPER, TEXAS, COMMUNITY PANEL NO. 4891410235J, EFFECTIVE DATE JUNE 23, 2013,
THE SUBJECT PROPERTY DOES NOT LIE WITHIN ANY DESIGNATED 100 YEAR FLOOD ZONE,
BUT LIES WITHIN ZONE X.
2804
ERNEST HEDGCOTHERNEST HEDGCOTH
2804
Z16-0004
FLUP: LO
W DENSITY RESIDENTIAL
LA
ND USE: SIGLE FAMILY RESIDENTIAL
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)
FLUP: MEDIUM DENSITY RESIDENTIAL
LAND USE: VACANT
ZONING: RESIDENTIAL (SF-15)
FLUP: RETAIL AND NEIGHBORHOOD SERVICES
ZONING: RETAIL
LAND USE: VACANT
PROPOSED FLUP: HIGH DENSITY RESIDENTIAL
PROPOSED ZONING: MULTI-FAMILY
TO THE SW CORNER OF
WILLIAM H. THOMASON SURVEY,
ABSTRACT NO. 895
FLUP: RETAIL AND NEIGHBORHOOD SERVICES
LAND USE: VACANT
ZONING: RETAIL
NOTE:
The thoroughfare alignment(s) shown on this exhibit are
for illustration purposes and does not set the alignment.
The alignment is determined at time of Final Plat.
SEALS / CONSULTANTS:
PROJECT NUMBER:
ISSUE DATE:
REVISIONS:
SHEET NAME:
SHEET NUMBER:
S ORI
ENGINEERING, INC.
F-7701
ENGINEERING AND LAND SURVEYING
2616 Pickwick Lane
Plano, Texas 75093
TEL: 972-816-2626
moriakhavan@yahoo.com
CONTACT: MORI AKHAVAN, P.E.
DEVELOPER
1522
F-7701
March 22, 2016
S
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Oak Timbers- Prosper, LLC
Prosper, Texas
VAUGHAN MITCHELL
(817) 996-9083
CONSULTANTS:
FIRST ST.
C
O
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R
D
.
HWAY 380
STONEYBRO
O
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SI
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E
VICINITY MAP
Not to Scale
N
1"=60’
CONTACT:
MORI AKHAVAN 972-816-2626
moriakhavan@yahoo.com
S ORI
ENGINEERING, INC.
2616 Pickwick Lane Plano, Texas 75093
PREPARED BY:
DATE:SCALE:
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
CONTACT:
MARCH 2016
F-7701
OWNER:
OAK TIMBERS PROSPER
SENIOR COMMUNITY
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895
Oak Timbers- Prosper, LLC
Prosper, Texas
VAUGHAN MITCHELL
(817) 996-9083
E-mail: avm@oaktimbers.net
1 inch = 60 ft.
60 0 30 60
N
KIDS R KIDS OF PROSPER ADDITION
BLOCK A, LOT 2
THE SEAL APPEARING ON THIS
DRAWING IS AUTHORIZED BY
MORI AKHAVAN, P.E. NO.
79174 ON MAR. 22, 2016
Item 8
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
Demand for a single-story, independent senior living is high as this is an unmet market demand
in Prosper. Other senior living communities are recently constructed or are under development
in north Frisco but none is a single-story, non-fee simple community.
Oak Timbers – Prosper is proposed as a rental community for several reasons:
1. The development team has experience with a condo-type ownership senior
community that has failed to be successful because units have been difficult to sell
initially and then have become tied up in probate issues when the owner passes
away.
2. Seniors are hesitant to commit to buying the unit and face the future need to move
into a different level of care facility. The rental community allows seniors
flexibility to plan for their future needs without the worry of selling a property.
This PD application is a request to change the zoning on the 12.66 acres of land at the northeast
corner of First Street and Coit Road from Retail to multifamily to allow development of an age-
restricted, gated, independent senior living community. The development includes 108 one-
story, cottage units, each with an attached one-car garage, an exterior front porch and an average
floor area of approximately 1,200 square feet. The community is designed to emphasize
common open space for the residents and includes a dog park and a 6,000 square foot cultural
center with a pool, a great room, media room, lounge and fitness center.
The community will have senior-focused amenities such as:
o Valet Trash Pickup
o Complimentary Scheduled Transportation
o Personalized Fitness Programs
o Group Exercise & Dance Classes
o Cultural, Social and Activity Programs
o Resort Style Pool
o Water Aerobic Classes
o Movie Theatre
o Arts and Crafts Creative Studio
o Business Center with Internet
o Coffee and Conversation
o Weekly Blood Pressure Checks
o Birthday and Newcomer Celebrations
o Beauty and Barber Salon
o Library and Lounge
o Fitness Center
o Bible Study and Readings
Item 8
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s Zoning
Ordinance (Ordinance No. 05-20, as it exists or may be amended, and the Subdivision
Ordinance, as it exists or may be amended, shall apply.
1. Except as noted below, the Tract shall develop in accordance with the Multi-Family (MF)
District, as it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the attached
concept plan, set forth in Exhibit D.
b. Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F.
c. Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G.
3. Uses. Uses shall be permitted in accordance with the MF District with the exception of the
following:
a. Occupancy shall be limited to residents 55 years of age and older.
4. Regulations
a. Density: Maximum density shall not exceed 8.05 dwelling units per acre, and the
maximum number of units shall not exceed 102 units.
b. Dwelling Size: Minimum residential dwelling size shall be 1,100 square feet.
c. Building Height: One story, and the maximum building height shall not exceed thirty
(30) feet at the tallest building element.
d. Lot Coverage: Maximum lot coverage shall be 30%.
5. Setbacks
a. Building
i. Front yard shall be 50 feet
ii. Side yard (interior) shall be 25 feet
iii. Rear yard shall be 35 feet
b. Landscape
i. Front yard shall be 25 feet
ii. Side yard (interior) shall be 0 feet
iii. Rear yard shall be 15 feet
6. Parking. Required parking shall be as follows:
Item 8
a. A minimum of one (1) off-street, enclosed space per unit shall be provided.
b. A minimum of six-tenths (0.6) space, unenclosed space per unit shall be provided.
7. Architecture
a. Primary and secondary materials shall be permitted as shown on Exhibit F.
b. Minimum roof pitch shall be 8:12.
8. Landscaping
a. A solid living screen in lieu of a masonry wall shall be permitted as provided on Exhibit
G. Plant species may be substituted in kind, subject to approval of Town staff.
b. The central detention pond shall be amenitized as shown on Exhibit G.
Item 8
EXHIBIT "D"
1"=60’
CONTACT:
MORI AKHAVAN 972-816-2626
moriakhavan@yahoo.com
S ORI
ENGINEERING, INC.
2616 Pickwick Lane Plano, Texas 75093
PREPARED BY:
DATE:SCALE:
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
CONTACT:
MARCH 2016
F-7701
OWNER:
OAK TIMBERS PROSPER
SENIOR COMMUNITY
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895 EXHIBIT "D"
Oak Timbers- Prosper, LLC
Prosper, Texas
VAUGHAN MITCHELL
(817) 996-9083
E-mail: avm@oaktimbers.net
POWER POLEPP
LEGEND
FIR
MH
FOUND IRON ROD
SAN. SEW. MANHOLE
WM
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WATER VALVE
WATER METER
FH FIRE HYDRANT
W WATER LINE
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GAS LINE
8" SS
LIGHT POLELP
8" W
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BM
531.84 BENCH MARK
TELEPHONE PEDESTAL
ASPHALT PAVEMENT
SIR SET IRON ROD
GM GAS METER
G
TEL-PED
LOT 1
LOT 2
BLOCK B
GREENSPOINT-PHASE 1
(VOL. 2006, PG. 345)
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 15
COMMON AREA
COMMON AREA
DRAINAGE ESM’T.
5’ UTIL. ESM’T.
5/8" IRF
W/ RPLS
#1890 CAP
5/8" IRF5/8" IRF
1/2"
IRF
CL.
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(VOL. 2006, PG. 345)
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ZONING: RETAIL
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LAND USE: VACANT
ZONING: RESIDENTIAL (SF-15)
TERRA LOAM LLC
INST. NO. 20150810000998890
BLOCK A, LOT 1
VOL. 2014, PG. 497
P.R.C.C.T
DENSITY:
102 UNITS / 12.6639 AC
(8.05 U/AC)
FL. 722.5
FL. 741.7 FL. 741.0
FLOOD INFORMATION
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY - NATIONAL FLOOD
INSURANCE PROGRAME- FLOOD INSURANCE RATE MAP (FIRM) FOR THE TOWN OF
PROSPER, TEXAS, COMMUNITY PANEL NO. 4891410235J, EFFECTIVE DATE JUNE 23, 2013,
THE SUBJECT PROPERTY DOES NOT LIE WITHIN ANY DESIGNATED 100 YEAR FLOOD ZONE,
BUT LIES WITHIN ZONE X.
SITE PLAN GENERAL NOTES
1) Dumpsters and trash compactors shall be screened in accordance with the Zoning
Ordinance.
2) Open storage, where permitted, shall be screened in accordance with the Zoning
Ordinance.
3) Outdoor lighting shall comply with the lighting and glare standards contained within
the Zoning Ordinance and Subdivision Ordinance.
4) Landscaping shall conform to landscape plans approved by the Town.
5) All elevations shall comply with the standards contained within the Zoning Ordinance.
6) Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative
fire protection measures may be approved by the Fire Department.
7) Fire lanes shall be designed and constructed per town standards or as directed by
the Fire Department.
8) Two points of access shall be maintained for the property at all times.
9) Speed bumps/humps are not permitted within a fire lane.
10) Handicapped parking areas and building accessibility shall conform to the Americans
with Disabilities Act (ADA) and with the requirements of the current, adopted Building
Code.
11) All signage is subject to Building Official approval.
12) All fences and retaining walls shall be shown on the site plan and are subject to
Building Official approval.
13) All exterior building materials are subject to Building Official approval and shall
conform to the approved faade plan.
14) Sidewalks of not less than six (6’) feet in width along thoroughfares and collectors
and five (5’) in width along residential streets, and barrier free ramps at all curb
crossings shall be provided per Town standards.
15) Approval of the site plan is not final until all engineering plans are approved by
the Engineering Department.
16) Site plan approval is required prior to grading release.
17) All new electrical lines shall be installed and/or relocated underground.
18) All mechanical equipment shall be screened from public view in accordance with the
Zoning Ordinance.
400’
4
5
0
’
2
3
5
’
7
0
’
60’
Lot Area (square feet & acres)
Building Height (# stories)
Building Height (feet - distance to tallest building element)
1 Story
30 feet
24.3%Lot Coverage
Retail
SITE DATA
EXISTING ZONING
Land Use
12.6639 ACRES
(551,637 SF)
551,637 SF (12.6639 ACRES)
A 1,100 SF 52 57,200 SF
B 1,300 SF24 31,200 SF
122,200 SF
102 COTTAGE UNITS
C 1,300 SF26 33,800 SF
Parking Garages 102
Parking Spaces 62
Accessible Parking 1 SP
S
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745
FL. 722.7
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DETENTION POND
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3
3
3
3
15’ ALLEY WAY
15’ ALL
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1
5
OUTDOOR
AEROBIC
AREA
POOL
CLUB
24’ CONCRETE FIRE LANE
24’ CONCRETE FIRE LANE
24’ CONCRETE FIRE LANE
A A A
A A A
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A
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A A A
A AA
A
A
A
A
A
A
A A
B
BB
B
B
B
B
B
B
B
B
B
B
B
B B
C
C
C
C
C
C
C
CC
C C C C
C
C
C
C
C
C C C B
4
4
3
WILLIAM H. THOMASON SURVEY
ABSTRACT NO. 895
J. STONE SURVEY
ABSTRACT NO. 847
VISITOR LANE
8’ HIKE & BIKE TRAIL
8’ HIKE & BIKE TRAIL
6
’
H
I K
E
&
B
I K
E
T
R
A
I L
6
’
H
I K
E
&
B
I K
E
T
R
A
I L
EXIT ONLY
SENSORED
GATE
IN/OUT
SENSORED
GATE
IN/OUT
SENSORED
GATE
IN/OUT
SENSORED
GATE
IN/OUT
SENSORED
GATE
50’ SET BACK
25’ LANDSCAPING BUFFER
50’ SET BACK
5
0
’
S
E
T
B
A
C
K
5
0
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S
E
T
B
A
C
K
1
5
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L
A
N
D
S
C
A
P
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B
U
F
F
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R
25’ LANDSCAPING BUFFER
2
5
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L
A
N
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S
C
A
P
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U
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R
2
5
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L
A
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A
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B
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F
F
E
R
38’15’58’
Z16-0004
1
5
’
A
L
L
E
Y
W
A
Y
BUILDING AREA
PARKING
TOTAL BUILDING AREA
OPEN SPACE CALCULATION
OPEN SPACE REQUIRED 30.0%
32.4%OPEN SPACE PROVIDED (178731SF/551639SF)
NOTE:
The thoroughfare alignment(s) shown on this exhibit are
for illustration purposes and does not set the alignment.
The alignment is determined at time of Final Plat.
B B B B B BAA
A
A
A
A
A
C
C
C
C
2
POWER POLE TO BE
RELOCATED TO THIS
LOCATION UNDER
"KIDS R KIDS" PROJECT
M
I N
O
R
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T
I M
A
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-
4
L
D
24’
12’
18’
24’
12’
26’26’
UNITS CHART:
5
2
5
64
5
2
4
4
4
4
22
5
5 5
5 5
2
5
5
2
4
5
5
2
4
5
6
6
6
12
1
15,600 SF
28,800 SF
70,800 SF
DUPLEX
4 PLEX
5 PLEX
6 PLEX
BUILDING CHART:
7,000 SF
17,250 SF
30,450 SF
74,100 SF
7,275 SF
5000 SF
134,075 SF
1-CLUBHOUSE AREA
6-DUPLEX AREA
6-4 PLEX AREA
12-5 PLEX AREA
1-6 PLEX AREA
3
5
’
S
E
T
B
A
C
K
25’ SET BACK
PHONE/KEY PAD
PROPOSED ZONING MULTI-FAMILY
EXISTING FLUP RETAIL AND NEIGHBORHOOD SERVICES
PROPOSED FLUP HIGH DENSITY RESIDENTIAL
Enclosed Parking Spaces Ratio 1 SP / unit 1.0
Field Parking Spaces Ratio 62 SP / 102 unit 0.61
Total Parking Spaces Ratio 1.61 / Unit
30’R30’R
30’R
30
’
R
30’R
30’
R
30’
R
30’
R
3
0
’
R
3
0’R
30’R
30’R
30’R
30
’
R
3
0
’
R
30’R
30’
R
3
0
’
R
30’R
30’R
30
’
R
SEALS / CONSULTANTS:
PROJECT NUMBER:
ISSUE DATE:
REVISIONS:
SHEET NAME:
SHEET NUMBER:
S ORI
ENGINEERING, INC.
F-7701
ENGINEERING AND LAND SURVEYING
2616 Pickwick Lane
Plano, Texas 75093
TEL: 972-816-2626
moriakhavan@yahoo.com
CONTACT: MORI AKHAVAN, P.E.
DEVELOPER
1522
F-7701
March 22, 2016
S
E
N
I
O
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C
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S
P
E
R
,
T
E
XA
S
Oak Timbers- Prosper, LLC
Prosper, Texas
VAUGHAN MITCHELL
(817) 996-9083
CONSULTANTS:
FIRST ST.
C
O
I T
R
D
.
HWAY 380
STONEYBRO
O
K
SI
T
E
VICINITY MAP
Not to Scale
N
1"=60’
CONTACT:
MORI AKHAVAN 972-816-2626
moriakhavan@yahoo.com
S ORI
ENGINEERING, INC.
2616 Pickwick Lane Plano, Texas 75093
PREPARED BY:
DATE:SCALE:
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
CONTACT:
MARCH 2016
F-7701
OWNER:
OAK TIMBERS PROSPER
SENIOR COMMUNITY
WILLIAM H. THOMASON SURVEY, ABSTRACT NO. 895
Oak Timbers- Prosper, LLC
Prosper, Texas
VAUGHAN MITCHELL
(817) 996-9083
E-mail: avm@oaktimbers.net
1 inch = 60 ft.
60 0 30 60
N
KIDS R KIDS OF PROSPER ADDITION
BLOCK A, LOT 2
THE SEAL APPEARING ON THIS
DRAWING IS AUTHORIZED BY
MORI AKHAVAN, P.E. NO.
79174 ON MAR. 22, 2016
Item 8
EXHIBIT E
Development Schedule
The proposed development will be constructed in one continuous phase with construction to
commence following site plan approval and the issuance of appropriate construction-related
permits. The current estimated construction start date is September 2016 with construction to
take approximately 12 months. The developer may request that model units be given a
temporary certificate of occupancy prior to completion to facilitate marketing of the project with
final certificate of occupancies to be issued for each building as it completed subject to meeting
all public safety access requirements.
Item 8
Item 8
Item 8
Item 8
Item 8
Item 8
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8
Item 8
Z16-0004
FIRST ST
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SFPD-18
SFPD-25SF-10PD-6
SF-10PD-6
SFPD-39
0 200 400100
Feet ±
Item 8
1
2616 Pickwick Lane
Plano, Texas 75093
Ph. 972-816-2626
moriakhavan@yahoo.com
March 28, 2016
Mr. Alex Glushko, AICP
Senior Planner
Town of Prosper
409 E. First Street
Prosper, Texas 75078
RE:
Oak Timbers-Prosper
Northeast corner of Coit Rd. and First Street
Parking Analysis
Dear Mr. Glushko:
We are providing an analysis of the vehicle parking for the proposed site per your request.
This analysis is based on the data from three other similar sites that are operated by Oak Timbers
LLC. The following data are from site current condition and interviewing the current operational
managers at the sites:
Oak Timbers-Grand Prairie:
- Total Units 80
- Total Parking Provided 160
- Units with no vehicle 18
- Units with married couples 2
- Units with 2 vehicles 2
- Average spaces available at peak use and events 35
- Company Van for residents transportation Yes
Oak Timbers-White Settlement I:
- Total Units 104
- Total Parking Provided 170
- Units with no vehicle 10
- Units with married couples 7
- Units with 2 vehicles 3
- Average spaces available at peak use and events 30
- Company Van for residents transportation Yes
Item 8
2
Oak Timbers-White Settlement II:
- Total Units 100
- Total Parking Provided 213
- Units with no vehicle 15
- Units with married couples 6
- Units with 2 vehicles 2
- Average spaces available at peak use and events 50
- Company Van for residents transportation Yes
It should be pointed out that about 95% of the residents are single people and about 15% do not
have vehicles and do not drive any more.
The above statistics show that there are significant number of empty parking spaces, even at the
peak use and during events.
We are providing 103 parking garages and 60 site parking spaces for the 103 units at the
proposed Oak Timbers-Prosper site, and strongly believe that the total 163 parking are more
than adequate for the site.
We hope that this information has provided a justification for the number of parking provided for
the subject site and satisfies the Town.
Please contact with any question and concerns.
Sincerely,
Mori Akhavan, P.E., SIT
Item 8
P&Z Conditional Approval
04/07/2015
Item 8
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Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Special Purpose Sign
District for Windsong Ranch Marketplace, on 46.6± acres, located on the northeast corner of US
380 and Gee Road. (MD16-0002).
History:
At the May 10, 2016, and June 14, 2016, meetings, the Town Council tabled this item per the
applicant’s request.
Description of Agenda Item:
The applicant has requested this item be tabled and the Public Hearing continued to the July 12,
2016, Town Council meeting, as outlined in the attached letter.
Attachments:
1. Tabling Request Letter
Town Staff Recommendation:
Town staff recommends this item be tabled and the Public Hearing continued to the July 12,
2016, Town Council meeting.
Proposed Motion:
I move to table this item and continue the Public Hearing to the July 12, 2016, Town Council
meeting.
Prosper is a place where everyone matters.
PLANNING
Item 9
June 16, 2016
Alex Glushko
Town of Prosper
409 E. First Street
Prosper, Texas 75078
RE: Windsong Ranch Marketplace – Sign Package
Dear Alex
Please accept this letter a request table the above item from the City Council Agenda on June 28, 2016. After
feedback from the Executive Development Team we will resubmit a sign package that has been discussed with
Terra Verde and has some of the comments incorporated from the EDT.
We would like to postpone until the July 12, 2016 meeting.
Thanks
D. Parks
Dorothy Parks
Cc: Tommy Reynolds
Item 9
Page 1 of 4
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP)
for a retail building with a flat roof, parapet wall and cornice, in the Shops at Prosper Trail, Block
A, Lot 3, on 1.3± acres, located on the east side of Preston Road, 175± feet north of Prosper
Trail. (S16-0007).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use
Future Land
Use Plan
Subject
Property
Planned Development-68-
Retail Undeveloped Retail & Neighborhood
Services
North Planned Development-68-
Retail
Retail (Shops at Prosper
Trail – Kroger)
Retail & Neighborhood
Services
East Planned Development-68-
Retail
Retail (Shops at Prosper
Trail – Kroger and Retail
Shell Building)
Retail & Neighborhood
Services
South Planned Development-68-
Retail Undeveloped Retail & Neighborhood
Services
West Planned Development-31-
Office Undeveloped Retail & Neighborhood
Services
Requested Zoning – The purpose of this request is to allow for a retail building with a flat roof,
parapet wall and cornice. Planned Development-68 (PD-68) states all pad sites shall have a
pitched roof with a minimum 6 in 12 inch slope; however, a flat roof with a parapet wall and
cornice may be permitted subject to Town Council approval of a SUP for same.
During the deliberation and approval process of the PD to accommodate the Shops at Prosper
Trail, the desire was to ensure the multiple pad site buildings project a quality image along
Preston Road. In lieu of the traditional, flat-roofed, rectangular, small box buildings, which have
Prosper is a place where everyone matters.
PLANNING
Item 10
Page 2 of 4
limited architectural appeal; the goal was to create a more residential-type image for the smaller
commercial buildings, as shown in the pictures below. The slope roof requirement is intended
to meet this goal.
La Madeleine Country French Café in Allen
The applicant indicated the flat roof is necessary to accommodate mechanical equipment, as
opposed to providing a screening wall for ground mounted equipment. In conjunction with the
SUP request, the applicant is proposing two associated exhibits, as follows:
1. Exhibit A (Boundary Survey)
2. Exhibit B (Façade Plan) – The exhibit shows a retail building constructed of brick and stone with a
flat roof, parapet wall and cornice. The flat roof provides 6 in 12 inch pitched roof elements and
encompasses the perimeter of the building façade.
The Zoning Ordinance contains four criteria to be considered in determining the validity of a
SUP request. These criteria, as well as staff’s responses for each, are below:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
The proposed retail building is a compatible use with the existing and proposed retail uses
of the Shops at Prosper Trail; however, this request does not focus on the proposed use but
the building’s design, specifically the roof. The applicant has indicated the building’s design
meets the intent of PD-68; however, in the opinion of staff, the proposed roof design does
not meet the intent of the PD and shall be classified as a flat roof with a parapet wall and
cornice.
Item 10
Page 3 of 4
2. Are the activities requested by the applicant normally associated with the requested use?
The activities requested, as shown on the attached exhibits, are normally associated with
the requested use.
3. Is the nature of the use reasonable?
As previously noted, the intent of the PD was to permit pad sites along Preston Road that
resemble residential structures. The proposed design will set a precedent for the remaining
pad sites that is not consistent with the intent of the PD.
4. Has any impact on the surrounding area been mitigated?
With the exception of setting an architectural precedent, the proposed roof design does not
appear to require mitigation measures.
Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood
Services. The proposed request is in conformance with the Future Land Use Plan.
Conformance to the Thoroughfare Plan – The property has access to Preston Road, an existing
six-lane divided major thoroughfare, and Prosper Trail, a future four-lane divided minor
thoroughfare. The SUP exhibits comply with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer service have been extended to
the property.
Access – Access to the property will be provided from Preston Road and Prosper Trail.
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – Per the PD, the subject property is not needed for a park.
Environmental Considerations – There is no 100-year floodplain on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has not received any Public Hearing Notice Reply forms.
Attached Documents:
1. Zoning map of surrounding area
2. Proposed SUP Exhibits A and B
3. Shops at Prosper Trail, Lot 3 Draft Site Plan
Planning & Zoning Commission Recommendation:
At their June 7, 2016, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 4-0.
Town Staff Recommendation:
Town staff recommends the Town Council consider and act upon a request for a Specific Use
Permit (SUP) for a retail building with a flat roof, parapet wall and cornice, in the Shops at
Prosper Trail, Block A, Lot 3, on 1.3± acres, located on the east side of Preston Road, 175± feet
north of Prosper Trail.
Item 10
Page 4 of 4
Proposed Motion:
I move to _____ (approve/deny) a request for a Specific Use Permit (SUP) for a retail building
with a flat roof, parapet wall and cornice, in the Shops at Prosper Trail, Block A, Lot 3, on 1.3±
acres, located on the east side of Preston Road, 175± feet north of Prosper Trail.
Item 10
S16-0007
PROSPER TRL
PR
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CHANDLER CIR
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RPD-68
OPD-31
RPD-55
RPD-46
SFPD-31
R
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C SF-15
R
R
SF
SF-15
SF
0 100 20050
Feet ±
Item 10
Block A, Lot 4
The Shops at Prosper Trail
Cabinet 2016, Page 193-200 (OPRCCT)
#20160324010001180
Lot 5, Block A
The Shops at Prosper Trail
Cabinet 2016, Page 193-200 (OPRCCT)
#2016032401000180
Lot 1, Block A
The Shops at Prosper Trail
Cabinet 2016, Page 193-200 (OPRCCT)
#20160324010001180
PROSPER TRAIL
(VARIABLE WIDTH R.O.W.)
LOT 3, BLOCK A
THE SHOPS AT PROSPER TRAIL
CABINET 2016, PAGE 193-200
#20160324010001180
(OPRCCT)
1.329 ACRES
N88°36'57"W 290.23'
S88°36'57"E 290.23'
VIEWPONT BANK
SADDLE CREEK
COMMERCIAL (CPR)
BLOCK A, LOT 1
SADDLE CREEK
INVESTMENTS LTD
SADDLE CREEK
COMMERCIAL (CPR)
BLOCK A, LOT 2
NORRIS REX
MICHAEL & NANCY
DAWN RAEWOOD
ON PRESTON (CPR)
BLOCK A, LOT 1
BIVEN RANDALL J &
ATHENA RAEWOOD
ON PRESTON (CPR)
BLOCK A, LOT 2
BENNET MICHAEL
RAEWOOD ON
PRESTON (CPR)
BLOCK A, LOT 3
EX. LAND USE: UNDEVELOPED
PROP. LAND USE: RETAIL
EX: ZONING: PD-68
PROP. ZONING: PD-68
15' DRAINAGE ESMT.
15' WATER ESMT.
30' ACCESS ESMT.
15' SSWR. ESMT.WATER ESMT.
10' ONCOR ESMT.
24
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EX. LAND USE: RETAIL
EX: ZONING: PD-68
EX. LAND USE: UNDEVELOPED
EX: ZONING: PD-68
EX. LAND USE: RETAIL
EX: ZONING: PD-68
EX. LAND USE: RETAIL
AND NEIGHBORHOOD
SERVICES
EX: ZONING: PD-31
EX. LAND USE: RETAIL
AND NEIGHBORHOOD
SERVICES
EX: ZONING: PD-31
EX. LAND USE: LOW
DENSITY
RESIDENTRIAL
EX: ZONING: SF-15
EX. LAND USE: LOW
DENSITY
RESIDENTRIAL
EX: ZONING: SF-15
EX. LAND USE: LOW
DENSITY
RESIDENTRIAL
EX: ZONING: SF-15
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File No. 2016-006
05/15/2016
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TEXAS REGISTRATION #14199
CLAYMOORE ENGINEERING
MAM
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SP-1
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
VICINITY MAP
N.T.S.
SITE
LEGEND
PROPERTY BOUNDARY
ADJACENT BOUNDARY
EASEMENT LINE
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
NO. 13 172
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
AJ BEDFORD GROUP, INC.
301 N. ALAMO RD.
ROCKWALL, TX 75087
PH: 972.722.0225
MQ DEVELOPMENT PARTNERS
14801 QUORUM DRIVE
DALLAS, TEXAS 75254
PH: 214-980-8806
THE SHOPS AT PROSPER TRAIL
BLOCK A, LOT 3
1.329 ACRES (57,900 SQ. FT.)
SHOPS AT PROSPER TRAIL, LOT 3
CONTACT NAME: ROLLAND UPHOFF
CONTACT NAME: MATT MOORE
CONTACT NAME: BILL ELAM
SUP: EXHIBIT A
WHEREAS, MQ PROSPER RETAIL, LLC, IS THE SOLE OWNER OF A TRACT OF LAND SITUATED IN THE
COLLIN COUNTY SCHOOL LAND NO. 13 SURVEY, ABSTRACT NO. 172, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, BEING A PORTION A TRACT OF LAND DESCRIBED IN DEED TO MQ PROSPER
RETAIL, LLC AS RECORDED IN COUNTY CLERK'S INSTRUMENT NO. 20140826000915740,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (OPRCCT) AND BEING ALL OF LOT 3, BLOCK A OF
THE SHOPS AT PROSPER TRAIL AN ADDITION TO THE TOWN OF PROSPER ACCORDING TO THE PLAT
RECORDED IN CABINET ____, PAGE ____, PLAT RECORDS COLLIN COUNTY, TEXAS (PRCCT), AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD SET FOR CORNER AT THE NORTHERLY END OF A CORNER CLIP
AT THE INTERSECTION OF THE NORTH LINE OF COUNTY ROAD NO. 81 (PROSPER TRAIL), A VARIABLE
WIDTH RIGHT-OF-WAY, AS ESTABLISHED BY PLAT RECORDED IN CABINET ___, PAGE ___ (PRCCT) WITH
THE EAST LINE OF STATE HIGHWAY NO. 289 (PRESTON ROAD), A VARIABLE WIDTH RIGHT-OF-WAY, AS
ESTABLISHED IN DEED TO THE STATE OF TEXAS (PARCEL 8, PART 2) AS RECORDED IN COUNTY
CLERK'S INSTRUMENT NO. 20110802000807680 (OPRCCT);
THENCE ALONG THE EAST LINE OF SAID STATE HIGHWAY NO. 289, NORTH 01°23'03" EAST A DISTANCE
OF 128.71 FEET TO A 5/8 INCH IRON ROD SET FOR THE POINT OF BEGINNING AT THE SOUTHWEST
CORNER OF SAID LOT 3 AND THE NORTHWEST CORNER OF LOT 4 OF SAID BLOCK A;
THENCE CONTINUING ALONG THE EAST LINE OF SAID STATE HIGHWAY NO. 289, NORTH 01°23'03" EAST
A DISTANCE OF 199.50 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER AT THE NORTHWEST CORNER
OF SAID LOT 3 AND THE SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK A;
THENCE ALONG THE COMMON LINE OF SAID LOT 1 AND LOT 3, SOUTH 88°36'57" EAST A DISTANCE OF
290.23 FEET TO A 5/8 INCH IRON ROD SET FOR CORNER AT THE NORTH EAST CORNER OF SAID LOT 3;
THENCE CONTINUING ALONG SAID COMMON LINE, SOUTH 01°23'03" WEST A DISTANCE OF 199.50 FEET
TO AN X-CUT IN CONCRETE SET FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 3 AND THE
NORTHEAST CORNER OF SAID LOT 4;
THENCE ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 4 NORTH 88°36'57” WEST A DISTANCE OF
290.23 FEET TO THE POINT OF BEGINNING;
CONTAINING 1.329 ACRES OR 57,900 SQUARE FEET OF LAND MORE OR LESS.
BENCHMARK:
1. 'X' CUT IN CONCRETE SOUTHWEST CORNER OF
PRESTON ROAD AND PROPER TRAIL, +/- 105 FEET
WEST OF CENTERLINE OF PRESTON ROAD +/- 80
FEET SOUTH OF CENTERLINE OF PROSPER TRAIL.
POSTED ELEVATION: 760.63
2. SQUARE CUT ON THE TOP, MIDDLE OF A
CONCRETE WALL, NORTH SIDE OF PROSPER
TRAIL, +/- 713.5 FEET
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
CASE NO. S16-0007
2016 193-200
2016 193-200
SUBJECT PROPERTY
BLOCK A, LOT 3
Item 10
Item 10
DRAFT
ONLY
ONLY
S
S
Lot 4, Block A
The Shops at Prosper Trail
Cabinet ____, Page ___ (OPRCCT)
Lot 5, Block A
The Shops at Prosper Trail
Cabinet ____, Page ___ (OPRCCT)
Lot 1, Block A
The Shops at Prosper Trail
Cabinet ____, Page ___ (OPRCCT)
STREET ESMT.
ONCOR ESMT.
15' WATER ESMT.
VOL. 4029, PG 1830
(DRCCT)
EX. ONCOR ESMT.
R.O.W. DEDICATION
EX. WATER ESMT.
EX. WATER ESMT.
EX. ACCESS ESMT.
EX. DRAINAGE ESMT.
EX. ONCOR ESMT.
EX. STREET ESMT.
EX. ONCOR ESMT.
EX. SEWER ESMT.
EX. ACCESS ESMT.
PEDESTRIAN ESMT.
PEDESTRIAN ESMT.
3
0
'
L
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30' LANDSCAPE
BUFFER
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PROSPER TRAIL
(VARIABLE WIDTH R.O.W.)
PROP. RETAIL BUILDING
5,200 SF
18'31'
24'
24'20'20'
24'
FIRE LANE/
ACCESS
ESMT.
15'
91
.
6
6
'
BLOCK A, LOT 3
THE SHOPS AT PROSPER TRAIL
CABINET ____, PAGE ___
(OPRCCT)
4'
24
'
8.
1
7
'
4'
24
'
13
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6
6
'
30
'
R1
5
'
9'
9'
9'
9'
TY
P
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9'
TY
P
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9'
TY
P
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24
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FI
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30'
FIRE LANE
EX. 6'
SIDEWALK
N88°36'57"W 290.23'
S1
°
2
3
'
0
3
"
W
36
6
.
1
5
'
S88°36'57"E 290.23'
N1
°
2
3
'
0
3
"
E
32
8
.
2
1
'
PROP. TRASH ENCLOSURE
W/ BRICK VENEER TO
MATCH BUILDING
EX. FH
TO BE RELOCATED
EX. SSWR MH
EX. INLET
EX. FH
EX. INLET
EX. KROGER
MONUMENT SIGN
EX. FH
EX. VAULT
EX. POWER POLE
EX. POWER POLE
EX. FH
EX. SSWR MH
EX. 12" WATER LINE
EX. COMM. LINE
EX. GAS LINE
PROP. B.F.R.
PROP. B.F.R.
40'
FFE = 756.50
VIEWPONT BANK
SADDLE CREEK
COMMERCIAL (CPR)
BLOCK A, LOT 1
SADDLE CREEK
INVESTMENTS LTD
SADDLE CREEK
COMMERCIAL (CPR)
BLOCK A, LOT 2
NORRIS REX
MICHAEL & NANCY
DAWN RAEWOOD
ON PRESTON (CPR)
BLOCK A, LOT 1
BIVEN RANDALL J &
ATHENA RAEWOOD
ON PRESTON (CPR)
BLOCK A, LOT 2
BENNET MICHAEL
RAEWOOD ON
PRESTON (CPR)
BLOCK A, LOT 3
30'
FIRE LANE
R2.5
'
2.5'
PROP. B.F.R.
R
3
0
'
R30
'
13
.
8
'
13
.
8
'
PROP. RETAINING
WALL
5'
5'
5'
5.5'
14'60'
38.23'18'
5.
5
'
13
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8
4
'
13
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8
4
'
5'
L
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1
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1
9
'
5' LANDSCAPE BUFFER
R1
0
'
18
'
HEADLIGHT SCREENING BERM
HEADLIGHT SCREENING BERM
2
1PROP. FDC
PROP. FIRE
HYDRANT
4
3
.
0
5
'
15.6
8
'
11
'
ACCESS EASEMENT
ELECTRIC EASEMENT
15' UTILITY ESMT.
DA
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No
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RE
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DATE:
SHEET
File No. 2016-006
04/06/2016
CHECKED:
CLC
DRAWN:JEV
DESIGN:
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TEXAS REGISTRATION #14199
PRELIMINARY
CLAYMOORE ENGINEERING
MAM
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GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
VICINITY MAP
N.T.S.
SITE
LEGEND
EX. STORM LINE
EX. SEWER LINE
EX. WATER LINE
EX. FIRE HYDRANT
PROPOSED FIRE HYDRANT
PROPOSED SEWER LINE
PROPOSED WATER LINE
PROPOSED STORM DRAIN
PROPOSED HEAVY DUTY
CONCRETE PAVEMENT
PROPOSED PRIVATE SIDEWALK
PROPOSED DUMPSTER AREA
CONCRETE PAVEMENT
PROPOSED STANDARD DUTY
CONCRETE PAVEMENT
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
NO. 13 172
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
AJ BEDFORD GROUP, INC.
301 N. ALAMO RD.
ROCKWALL, TX 75087
PH: 972.722.0225
MQ DEVELOPMENT PARTNERS
14801 QUORUM DRIVE
DALLAS, TEXAS 75254
PH: 214-980-8806
THE SHOPS AT PROSPER TRAIL
BLOCK A, LOT 3
1.329 ACRES (57,900 SQ. FT.)
SHOPS AT PROSPER TRAIL, LOT 3
CONTACT NAME: ROLLAND UPHOFF
CONTACT NAME: MATT MOORE
CONTACT NAME: BILL ELAM
SITE PLAN
TOWN OF PROSPER SITE PLAN GENERAL NOTES:
1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE
WITH THE ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH
THE ZONING ORDINANCE.
3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS
CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE
ZONING ORDINANCE.
6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE
DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR
AS DIRECTED BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL
TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM
TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS
OF THE CURRENT, ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND
ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL
APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.
14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES
AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND
BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN
STANDARDS.
15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE
APPROVED BY THE ENGINEERING DEPARTMENT.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED
UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN
ACCORDANCE WITH THE ZONING ORDINANCE.
19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE
CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER,
CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT
PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING
REQUIREMENTS.
20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.
BENCHMARK:
1. 'X' CUT IN CONCRETE SOUTHWEST CORNER OF
PRESTON ROAD AND PROPER TRAIL, +/- 105 FEET
WEST OF CENTERLINE OF PRESTON ROAD +/- 80
FEET SOUTH OF CENTERLINE OF PROSPER TRAIL.
POSTED ELEVATION: 760.63
2. SQUARE CUT ON THE TOP, MIDDLE OF A
CONCRETE WALL, NORTH SIDE OF PROSPER
TRAIL, +/- 713.5 FEET
CASE #: D16-0018
WATER METER SCHEDULE
ID TYPE SIZE NO.
DOM. 2" 1
IRR. 1 1/2" 1
1
2
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
Item 10
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a variance to the Sign
Ordinance, Section 1.09(M), regarding Subdivision Monuments, for the Villages at Legacy,
located at the northeast corner of US 380 and Legacy Drive. (V16-0002).
Description of Agenda Item:
The applicant is seeking a variance for an off-premises subdivision monument for the Villages of
Legacy development. Per the Sign Ordinance, “subdivision monuments” are physical
improvements such as signs, walls, or structures, constructed to draw attention to or enhance a
subdivision or its surrounding area. The Villages of Legacy consists of the existing Parks at
Legacy subdivision, and multiple future subdivisions within Planned Development-65, as shown
on the Villages of Legacy subdivision exhibit.
The existing subdivision within the Villages of Legacy (Parks at Legacy) is approximately 2,000
feet north of US 380. The subdivision monument is proposed to be located off-premises
adjacent to US 380 to allow for improved visibility to the existing subdivision, as well as to serve
as the primary entrance for the overall development consisting of the multiple subdivisions. The
proposed subdivision monument is similar to the existing structure located at the northwest
corner of US 380 and La Cima Boulevard for the various phases of the Lakes of La Cima
subdivision.
As shown on the site plan exhibit, the subdivision monument is proposed to be located 95 feet
north of the US 380 right-of-way due to restrictions with multiple existing utility easements. An
access and maintenance easement for the subdivision monument has been granted for the
subdivision monument by the current property owner. The subdivision monument is proposed
to be 20 feet in height and constructed primarily of stone, as shown on the elevation exhibit.
The Sign Ordinance contains five criteria to be considered in determining the validity of a sign
variance request. The applicant has provided a response letter addressing these criteria.
1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical
difficulty on the applicant;
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
Item 11
Page 2 of 2
2. The proposed sign shall not adversely impact and will be wholly compatible with the use and
permitted development of the adjacent property (visibility, size, etc.);
3. The proposed sign shall be of a unique design or configuration;
4. The special exception is needed due to a hardship caused by restricted area, shape, topography,
or physical features that are unique to the property or structure on which the proposed sign would
be erected, and such hardship is not self imposed; and
5. The special exception will substantially improve the public convenience and welfare and does not
violate the intent of this Ordinance.
Staff’s interpretation of this request is that it is in harmony with the intent of the Sign Ordinance
for subdivision monuments, is consistent with other subdivision monuments in the Town, and
that the criteria for variance approval has been satisfied.
Legal Obligations and Review:
Notification was provided to surrounding property owners as required by the Sign Ordinance.
Town staff has not received any public hearing notice reply forms.
Attached Documents:
1. Location Map
2. Villages at Legacy Exhibit
3. Subdivision Monument Site Plan
4. Subdivision Monument Elevations
5. Variance Response Letter
Town Staff Recommendation:
Town staff recommends the Town Council approve the request for a variance to the Sign
Ordinance, Section 1.09(M), regarding Subdivision Monuments, for the Villages at Legacy,
located at the northeast corner of US 380 and Legacy Drive.
Proposed Motion:
I move to approve the request for a variance to the Sign Ordinance, Section 1.09(M), regarding
Subdivision Monuments, for the Villages at Legacy, located at the northeast corner of US 380
and Legacy Drive.
Item 11
V16-0002
UNIVERSITY DR
FISHTRAP RD
LEG
A
C
Y
D
R
PRAIRIE DR
RENMUIR DR
CLEARWATER DR
BOTTLEBR
U
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H
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R
SPEA
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A
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S
L
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EL
M
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CANNON DR
PALESTINE DR
WA
L
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D
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WINECUP RD
CANARY GR
A
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NACONA DR
EASTMINSTER DR
LA
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CELESTIAL
D
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PRAIRIE DR
0 410 820205
Feet ±
Item 11
Villages at Legacy
Master Plan May 3, 2016The information shown is based on the best information available and is subject to change without notice.
500’
SCALE 1”=250’-0”
250’125’0
RETAIL/COMMERCIAL
RETAIL/COMMERCIAL
RETAIL/COMMERCIAL RETAIL/COMMERCIAL
TEXAS HEALTH RESOURCES
HWY 380
LEG
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PROPOSED
TRAIL HEAD
COMMUNITY PARK
(+/-30.7 ACRES)
AMENITY
M M M AMENITY
AMENITY
AMENITY
NEIGHBORHOOD PARK
(+/-6.8 ACRES)
Item 11
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May 23, 2016
Town of Prosper
Planning Department
409 E. First St.
Prosper, TX 75078
Re: Sign Regulations Variance Criteria Responses
The Villages at Legacy – Subdivision Monument
We believe that the variance request for a subdivision monument to be placed near the
intersection of US 380 and Legacy Drive meets all five of the five criteria listed for
consideration in Section 1.17 of the Sign Ordinance. Those criteria along with a response
to each are provided below.
Criterion #1: The literal enforcement of the sign regulations will create an unnecessary
hardship or a practical difficulty on the applicant.
The initial phases of development of the Parks at Legacy single family
development are located approximately 2,250 feet north of US Highway 380.
Placement of standard sign panels at the community entrances and installation of
flags near Legacy have not provided the needed wayfinding for travelers driving
along US 380 at highway speeds. This subdivision monument will act as a
marker to draw potential residents’ to the development.
Criterion #2: The proposed sign shall not adversely impact and will be wholly
compatible with the use and permitted development of the adjacent property (visibility,
size, etc.)
The location and size of the subdivision tower have been coordinated with the
owner of the commercial property. The tower shall be constructed within an
easement and maintained by the HOA. The proposed location will not negatively
impact the commercial property development plans due to its location within the
landscape buffer required along Legacy. The naming on the tower will be “the
Villages at Legacy” which encompasses not only “the Parks at Legacy”
development underway but also the upcoming “the Hills at Legacy” development
in the northeast portion of the property, the planned active adult “the Lakes at
Legacy” development in the southwest portion of the property, and also provides
a master planned intention for the commercial areas.
Criterion #3: The proposed sign shall be of a unique design or configuration.
Materials used for the tower will match the stone, brick, letter finish, etc. that are
used on the existing signage panel and amenity center building for the Parks at
Legacy development and that will also be used throughout the remainder of the
single family development. The design of the subdivision monument itself
utilizes a stone archway on all sides of the monument that could allow the future
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sidewalk along Legacy Drive to be routed through the walkway of the tower
acting as a gateway into the community.
Criterion #4: The special exception is needed due to a hardship caused by restricted
area, shape, topography, or physical features that are unique to the property or structure
on which the proposed sign would be erected, and such hardship is not self-imposed.
The subdivision monument is needed to be constructed outside off of our property
within the future commercial property located along US 380. The land along US
380 warrants commercial zoning with the residential zoning further north.
However, due to the type of road and speeds along US 380, there is a need for the
subdivision monument to identify the residential development. This request
would is similar to other installations along US 380 serving residential
developments offset from the road.
Criterion #5: The special exception will substantially improve the public convenience
and welfare and does not violate the intent of this Ordinance.
We believe the proposed location, design, and materials of the subdivision tower
will provide a sense of location and allow for ease of wayfinding for residents and
their guests. The tower will be able to be seen from a distance and allow for
proper maneuvering along US 380 to access Legacy Drive.
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Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 28, 2016
Agenda Item:
Consider and act upon a request for a façade exception for the Windsong Ranch, Phase 4A
Amenity Center, located on the east side of Windsong Parkway, 1,500± feet north of Fishtrap
Road. (MD16-0005).
Request:
The developer of Windsong Ranch submitted a request for a façade exception for the
development’s Phase 4A Amenity Center.
As depicted in the attached elevations, the applicant is requesting the exterior of the structure
be constructed of natural limestone and Ipe, which is a Brazilian hardwood. The Zoning
Ordinance requires a 100% exterior masonry material. In 2013, the Town Council approved an
amendment to Planned Development-40 (PD-40) to allow the use of Ipe as a primary material
on the Windsong Ranch, Phase 1A amenity center. Approval of the proposed façade exception
would allow the two amenity centers in Windsong Ranch to have consistent façade materials.
In considering an exception to the required masonry requirements, the Planning & Zoning
Commission and Town Council may consider whether a proposed alternate material:
(a) is a unique architectural expression;
(b) includes unique building styles and materials;
(c) is consistent with high quality development;
(d is or would be visually harmoniousness with existing or proposed nearby buildings;
(e) has obvious merit based upon the quality and durability of the materials; and
(f) represents an exterior building material that is in keeping with the intent of this chapter to
balance the abovementioned objectives.
Please reference the attached letter from the application addressing the aforementioned criteria
in support of the request. The attachments also include a letter of support from David Blom,
Director of Development for Terra Verde and developer of Windsong Ranch.
Prosper is a place where everyone matters.
PLANNING
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Page 2 of 2
Attachments:
1. Location Map
2. Amenity Center Elevations
3. Applicant’s Letter Addressing Exception Criteria
4. Letter of Support from David Blom, Terra Verde
Planning & Zoning Commission Recommendation:
At their June 7, 2016, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve a façade exception for the Windsong Ranch,
Phase 4A Amenity Center, located on the east side of Windsong Parkway, 1,500± feet north of
Fishtrap Road.
Proposed Motion:
I move to approve a façade exception for the Windsong Ranch, Phase 4A Amenity Center,
located on the east side of Windsong Parkway, 1,500± feet north of Fishtrap Road.
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MD16-0005
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From:David Blom
To:Jonathan Hubbard
Subject:Re: Windsong - Phase 4A Amenity Center - Letter of Support
Date:Thursday, June 02, 2016 9:22:58 AM
Hi Jonathan-
I believe the case for the alternative materials to be used in the second amenity
center (located in Phase 4A) is going to P&Z next Tuesday evening. Although I know
you have thoroughly reviewed the submittals from TBG on our behalf, I wanted to
provide some comments in support of our case and that explain our approach:
The architectural theme and materials used in the existing amenity center (for
which we received Town approval for the use of Ipe) have been carried through
the community, including influence on the fire station architecture and the
design of Windsong Elementary (angled roof, stone/wood/metal combinations).
The quality of the materials we have used has been for aesthetic purposes as
well as long-term durability - the use of Ipe wood and the standing metal seem
roof are just two examples.
We believe it is important to keep the theme and quality we have established for
the community. The proposed plan uses Ipe and stone to provide a structure
that is consistent with our first amenity center, and feels like it should be part of
a park and belongs outdoors.
As can be seen on our first amenity center that is now two years old, the
building materials are holding up very well.
I plan to attend the P&Z meeting next Tuesday evening. Please let me know if you
need any further information.
Thanks
David
David Blom
Terra Verde Group, LLC
2242 Good Hope Road
Prosper, Texas 75078
cell 214.729.8380
direct 469.532.0681
dblom@tvgllc.com | www.tvgllc.com
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