02.16.21 PZ PacketPage 1 of 3
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Notice Regarding Public Participation
Governor Greg Abbott has granted a temporary suspension of certain rules to allow for telephone
or videoconference public meetings in an effort to reduce in-person meetings that assemble large
groups of people, due to the COVID-19 (coronavirus) public health emergency.
Individuals will be able to address the Commission either (1) via videoconference, or (2) via
telephone conference call.
To access the videoconference online, follow these instructions:
Join the Zoom Meeting by clicking on the following link: https://us02web.zoom.us/j/86944373392
Enter Meeting ID: 869 4437 3392
To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.”
The meeting moderator will acknowledge your request and allow you to speak.
To join the meeting by phone, dial any one of the following numbers: +1 346 248 7799
Enter Meeting ID: 869 4437 3392
To request to speak, enter *9. The meeting moderator will acknowledge your request and allow
you to speak.
If you encounter any problems joining or participating in the meeting, please call our help
line at 972-569-1191 for assistance.
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Commission for items listed as public hearings will be recognized when the public hearing is
opened. For individuals wishing to speak on a non-public hearing item, they may either address
the Commission when the item is considered by the Planning & Zoning Commission.
1.Call to Order / Roll Call
2.Pledge of Allegiance
3.CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial.
The Consent Agenda can be acted upon in one motion. A Planning & Zoning Commissioner may remove any
item for discussion and separate action. Planning & Zoning Commissioners may vote nay on any single item
without comment and may submit written comments as part of the official record.)
3a. Consider and act upon minutes from the February 2, 2021, Planning & Zoning
Commission Regular meeting.
AGENDA
Regular Meeting of the
Prosper Planning & Zoning Commission
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 16, 2021, 6:00 p.m.
Prosper is a place where everyone matters.
CANCELLED
Page 2 of 3
3b. Consider and act upon a Final Plat for Windsong Ranch Phases 7A & 7C, for 88 single
family residential lots, and two (2) HOA/open space lots, on 29.7± acres, located on the
west of Windsong Parkway, south of Parvin Road. The property is zoned Planned
Development-40 (PD-40). (D21-0002).
3c. Consider and act upon the Final Plat/Conveyance Plat for Middle School No. 9 Addition,
Block A, Lots 1-5, on 78.3± acres, located east of FM 1385, north of Fishtrap Road. The
property is zoned Agricultural (A). (D21-0003).
REGULAR AGENDA
If you wish to address the Planning & Zoning Commission, please fill out a “Public Meeting Appearance Card”
and present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas
Government Code, individuals wishing to address the Planning & Zoning Commission for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a
non-public hearing item, they may address the Commission when the item is considered by the Planning &
Zoning Commission.
4. Consider and act upon a request for a Site Plan including Solid Living Screening, for
Denton ISD Middle School, No. 9, on 49.9± acres, located east of FM 1385, north of
Fishtrap Road. The property is zoned Agricultural (A). (D20-0102).
5. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land
Use Plan from Medium Density Residential to Retail & Neighborhood Services, generally
located on the northwest corner of Legacy Drive and Prosper Trail. This is a companion
case to Z20-0013. (CA20-0003).
6. Conduct a Public Hearing, and consider and act upon a request to rezone 5.5± acres,
from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy Storage, in order
to allow for an additional mini-warehouse/public storage building. This is a companion
case to CA20-0003. (Z20-0013).
7. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land
Use Plan from Medium Density Residential to Tollway District, generally located on the
south side of Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-
0026. (CA20-0004).
8. Conduct a Public Hearing, and consider and act upon a request to amend Planned
Development-69 (PD-69), on 74.3± acres, generally to amend the residential tract to allow
for non-residential uses, located on the southeast corner of Dallas Parkway and Frontier
Parkway. This is a companion case to CA20-0004. (Z20-0026).
9. Conduct a Public Hearing, and consider and act upon a request to amend Subdistrict 4 of
Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single family
development standards, and to allow for retail uses in the residential neighborhood district
of the Gates of Prosper, located on the northwest corner of Preston road and Lovers Lane.
(Z21-0001).
10. Review actions taken by the Town Council and possibly direct Town Staff to schedule
topic(s) for discussion at a future meeting.
11. Adjourn.
Page 3 of 3
Note: The order in which items are heard on the agenda is subject to change.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the
general public at all times, and said Notice was posted by 5:00 p.m., on Friday, February 12, 2021, and
remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Melissa Lee, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
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 Hall is 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.
Page 1
]
Governor Greg Abbott granted a temporary suspension of certain rules to allow for telephone or
videoconference public meetings in order to reduce in-person meetings that assemble large
groups of people, due to the COVID-19 (coronavirus) public health emergency. This meeting was
held via telephone conference call and videoconference.
1. Call to Order/ Roll Call
The meeting was called to order at 6:01 p.m.
Commissioners present: Vice-Chairman Brandon Daniel (via teleconference), Secretary Chris
Long, Doug Charles (via teleconference), Charles Cotten, Chris Kern, Sarah Peterson, and
Michael Pettis.
Staff present: Alex Glushko, Planning Manager, and Evelyn Mendez, Planning Technician.
2. Recitation of the Pledge of Allegiance.
3. Consider and act upon the appointment of the Planning & Zoning Commission
Chairman.
Motion by Pettis, second by Long, to appoint Charles Cotten as Chairman. Motion approved
7-0.
4. CONSENT AGENDA
4a. Consider and act upon minutes from the January 19, 2021, Planning & Zoning
Commission Regular meeting.
Motion by Peterson, second by Pettis, to approve the Consent Agenda. Motion approved 7-0.
REGULAR AGENDA
5. Conduct a Public Hearing, and consider and act upon a request to amend the Future
Land Use Plan from Medium Density Residential to Retail & Neighborhood Services,
generally located on the northwest corner of Legacy Drive and Prosper Trail. This
is a companion case to Z20-0013. (CA20-0003). [REQUEST TO BE TABLED]
6. Conduct a Public Hearing, and consider and act upon a request to rezone 5.5±
acres, from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy
Storage, in order to allow for an additional mini-warehouse/public storage building.
This is a companion case to CA20-0003. (Z20-0013). [REQUEST TO BE TABLED]
Items 5 and 6 were considered concurrently.
Glushko: Indicated the applicant has requested the items be tabled and the Public Hearings
continued to the February 16, 2021, Planning & Zoning Commission meeting.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 2, 2021, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2
Motion by Charles, second by Long, to table Item 5, and continue the Public Hearing at the
February 16, 2021, Planning & Zoning Commission meeting. Motion approved 7-0.
Motion by Charles, second by Long, to table Item 6, and continue the Public Hearing at the
February 16, 2021, Planning & Zoning Commission meeting. Motion approved 7-0.
7. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Glushko: Provided a summary of recent action taken by Town Council.
8. Adjourn.
Motion by Peterson, second by Long, to adjourn. Motion approved 7-0 at 6:07 p.m.
___________________________________ ______________________________________
Evelyn Mendez, Planning Technician Chris Long, Secretary
Page 1 of 1
To: Planning & Zoning Commission Item No. 3b
From: Scott Ingalls, AICP, Senior Planner
Through: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Consider and act upon a Final Plat for Windsong Ranch Phases 7A & 7C, for 88 single family
residential lots, and two (2) HOA/open space lots, on 29.7± acres, located on the west of
Windsong Parkway, south of Parvin Road. The property is zoned Planned Development-40 (PD-
40). (D21-0002).
Description of Agenda Item:
The Final Plat shows 88 single family residential lots, and two (2) HOA/open space lots. Access
is provided from Old Rosebud Lane. The Final Plat conforms to the PD-40 development
standards.
Attached Documents:
1. Location Map
2. Final Plat
Town Staff Recommendation:
Town staff recommends approval of the Final Plat subject to:
1. Town staff approval of all additions and/or alterations to the easements and dedications on
the Final Plat.
Prosper is a place where everyone matters.
PLANNING
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDGOOD HOPE RDWINDSONG PKWYFREEMAN WAY
SILVER SPUR DR
SPLI
T
R
O
C
K
D
R
SANDHILLS LN
PORTER LNBRIDGES DRIRONWOOD DR
WIL
E
Y
H
I
L
L
D
R
GOLDENROD LNMILL BRANC
H
D
R
PAINT
R
O
C
K
D
R
WALNUT GROVE LN
MILL POND DR
MAYFIELD DR
OLD R
O
S
E
B
U
D
L
N
COTTON BEL
T
L
NOLD ALTON DRMEDIO C
R
E
E
K
D
R
0 1,500750Feet
µ
D21-0002 - Windsong Ranch, Phases 7A & 7C
This map is for illustration purposes only.
PHAS
E
7
A
PHAS
E
7
C
Doc. No. 2018-84666 OPRDCT
Doc. No. 2018-142926 OPRDCT
Doc. No. 2018-84666 OPRDCT
DOC. NO. ________
Doc. No. 2018-142926 OPRDCT
POINT OF
BEGINNING
Scale: 1" = 100' February, 2021 SEI Job No. 20-225
D21-0002
FINAL PLAT
WINDSONG RANCH PHASE 7A & 7C
29.715 GROSS ACRES, 22.598 ACRES NET
OUT OF THE
R.YATES SURVEY ABST. 1538
J. TEETER SURVEY ABST. 1262
TOWN OF PROSPER
DENTON COUNTY, TEXAS
OWNER / APPLICANT
VP WINDSONG OPERATIONS, LLC
2242 Good Hope Road
Prosper, Texas 75078
Telephone (469) 532-0681
Contact: David Blom
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121 / TBPLS No.
F-10043100
Contact: Matt Dorsett
PHASE 3D
PHASE 5D
SITE
LOCATION MAP / KEY MAP
N.T.S.
PHASE 1A
PHASE 1BPHASE 2A
PHASE 2B
PHASE 3B
PHASE 3A-1PHA
S
E
3
A-
2
PHAS
E
1
D
PHASE 1CPHASE 2E
PHASE 2C-1
PHASE 2D-1
PHASE 4A
PHASE 4B
PHA
S
E
2
D-
2PHASE 4EPHASE 4C
PHASE 4D
PHASE 3C
PHASE 5A PHASE 5B
PHASE 5C
PHASE 2C-2PHASE 6C
PHASE 7A
PHASE 7B
PHASE7C
PHASE7H
PHASE
7D
PHASE 7F
PHASE 7G
PHASE 7E
PHASE 6B
PHASE 8
PHASE 9
PHASE 10
LEGEND
1/2" IRON ROD WITH PLASTIC CAP STAMPED"SPIARSENG" SET, UNLESS OTHERWISE NOTED
IRON ROD FOUND
CAPPED IRON ROD FOUND
IRON PIPE FOUND
ALUMINUM MONUMENT FOUND
CONTROL MONUMENT
EASEMENT
UTILITY
DRAINAGE EASEMENT
DRAINAGE AND UTILITY EASEMENT
UTILITY EASEMENT
WATER EASEMENT
SANITARY SEWER EASEMENT
SIDEWALK EASEMENT
STREET EASEMENT
WALL MAINTENANCE EASEMENT
HIKE & BIKE TRAIL EASEMENT
BY THIS PLAT
RIGHT-OF-WAY
MINIMUM FINISH FLOOR ELEVATION
BUILDING LINE
STREET NAME CHANGE
BLOCK DESIGNATION
STREET FRONTAGE
KEY LOT
CABINET
VOLUME
PAGE
NUMBER
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP
INSTRUMENT OR DOCUMENT
DEED RECORDS, DENTON COUNTY, TEXAS
PLAT RECORDS, DENTON COUNTY, TEXAS
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS
Sheet 1 Of 3
S
N
W E
February, 2021 SEI Job No. 20-225
OWNER / APPLICANT
VP WINDSONG OPERATIONS, LLC
2242 Good Hope Road
Prosper, Texas 75078
Telephone (469) 532-0681
Contact: David Blom
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121 / TBPLS No.
F-10043100
Contact: Matt Dorsett
Sheet 2 Of 3
D21-0002
FINAL PLAT
WINDSONG RANCH PHASE 7A & 7C
29.715 GROSS ACRES, 22.598 ACRES NET
OUT OF THE
R.YATES SURVEY ABST. 1538
J. TEETER SURVEY ABST. 1262
TOWN OF PROSPER
DENTON COUNTY, TEXAS
OWNER'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF DENTON §
”“”
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
VP Windsong Operations LLC VP Windsong Investments LLC
WINDSONG RANCH PHASE 7A & 7C VP Windsong Operations LLC VP Windsong Investments LLC,
’’
VP Windsong Operations LLC
A Delaware Limited Liability Company
VP Windsong Investments LLC
A Delaware Limited Liability Company
February, 2021 SEI Job No. 20-225
OWNER / APPLICANT
VP WINDSONG OPERATIONS, LLC
2242 Good Hope Road
Prosper, Texas 75078
Telephone (469) 532-0681
Contact: David Blom
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121 / TBPLS No.
F-10043100
Contact: Matt Dorsett
Sheet 3 Of 3
STATE OF TEXAS §
COUNTY OF DENTON §
SURVEYOR'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF COLLIN §
LIEN HOLDER:
ACCESS EASEMENT
LANDSCAPE EASEMENT
‘’
D21-0002
FINAL PLAT
WINDSONG RANCH PHASE 7A & 7C
29.715 GROSS ACRES, 22.598 ACRES NET
OUT OF THE
R.YATES SURVEY ABST. 1538
J. TEETER SURVEY ABST. 1262
TOWN OF PROSPER
DENTON COUNTY, TEXAS
Page 1 of 1
To: Planning & Zoning Commission Item No. 3c
From: Evelyn Mendez, Planning Technician
Through: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Consider and act upon the Final Plat/Conveyance Plat for Middle School No. 9 Addition, Block A,
Lots 1-5, on 78.3± acres, located east of FM 1385, north of Fishtrap Road. The property is zoned
Agricultural (A). (D21-0003).
Description of Agenda Item:
The purpose of the Final Plat/Conveyance Plat is to create five (5) lots and to allow for
development. Denton ISD Middle School No. 9 is proposed to be constructed on Lot 1, and Lots
2-5 are Conveyance Plat lots which do not currently have plans for development. Public right-of-
way is being dedicated in conjunction with the plat. The Final Plat conforms to the Agricultural
(A) development standards.
As a companion item, the Site Plan for Denton ISD Middle School No. 9 (D20-0102) is on the
February 16, 2021 agenda.
Attached Documents:
1. Location Map
2. Final Plat/Conveyance Plat
Town Staff Recommendation:
Town staff recommends approval of the Final Plat/Conveyance Plat, subject to:
1. Town staff approval of all additions and/or alterations to the easements and dedications on the
Final Plat/Conveyance Plat.
Prosper is a place where everyone matters.
PLANNING
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFM 1385 FISHTRAP RD LIBERTY D
R
NOLES RD
SILVER CLIFF
D
R
SUMM
E
R
VILL
E L
N
DOVE CREEK CIR
MUSTANG LNCOVENTRY
D
R ROCK BARN DRFM 1385 0 1,500750Feet
µ
D21-0003 - Middle School #9 Addition
This map is for illustration purposes only.
Page 1 of 2
To: Planning & Zoning Commission Item No. 4
From: Evelyn Mendez, Planning Technician
From: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Consider and act upon a request for a Site Plan including Solid Living Screening, for Denton ISD
Middle School, No. 9, on 49.9± acres, located east of FM 1385, north of Fishtrap Road. The
property is zoned Agricultural (A). (D20-0102).
Description of Agenda Item:
The Site Plan shows the 128,196
square-foot Denton ISD middle
school building, and 500 square-foot
metal storage building, totaling
128,696 square feet. The
development also includes a football
field, tennis courts, and practice
fields. Access will be provided from
future Denton Way. The number of
off-street parking spaces meets the
minimum standards of the Zoning
Ordinance. The Site Plan conforms
to the Agricultural (A) development
standards.
This item is on the Regular Agenda
as the applicant is requesting
approval of solid living screening in
lieu of a masonry screening wall
along the western property line,
which is designated as Low Density
Residential on the Future Land Use
Plan.
The solid living screen consists of
one (1) large tree, three inch (3”)
caliper minimum, thirty foot (30’) on
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
center, in addition to minimum eight-foot (8’) tall, minimum 45-gallon, evergreen shrubs, six-foot
(6’) on center, within the fifteen (15) foot landscape area.
As a companion item, the Final Plat/Conveyance Plat for Middle School No. 9 Addition, Block A,
Lots 1-5 (D21-0003), is on the February 16, 2021 agenda.
Attached Documents:
1.Location Map
2.Site Plan
Town Staff Recommendation:
Town staff recommends approval of the Site Plan subject to:
1.Planning & Zoning Commission approval of a living screen along the western property line.
2.Town staff approval of civil engineering, façade, open space, landscaping, irrigation, and
address plans.
3.Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes,
including widths, radii, and location.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RD0 1,500750Feet
µ
D20-0102 - Denton ISD Middle School No. 9
This map is for illustration purposes only.
Prop Road
ROW
BFR
Right-Of-Way
Barrier Free Ramp
FH FH FH
FH
FH
FH
FH
FH
FH
FH
FH
BFR
BFRBFR
BFR
BFR
BFR
BFR
BFR
BFR
DENTON WAY
10' Hike & Bike Trail 10' Hike & Bike Trail
10' Hike & Bike Trail
10' Hike & Bike Trail
10' Hike & Bike Trail
6' Walk
6' Walk
6' Walk
6' Walk
60'ROW6
0
'
R
O
W 60'R
O
W
60'
ROW
60'
ROW
37 ft. B-B
DENTON WAY
37 ft. B-B DENTON WAY37 ft. B-BDENTON WAY
37 ft. B-B60'ROWFM 1385FM 1385
100 Year Floodplain
Existing Building ToBe Demolished
Existing Building ToBe Demolished
Existing Building ToBe Demolished
Existing Building ToBe Demolished
Existing Building ToBe Demolished
Proposed Turn Lane
& Striping
Proposed Lane
Striping
Proposed Turn Lane
& Striping
GEE ROAD15' Water Easement 15' Water Easement
15' Water EasementNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGROW Dedication By Separate InstrumentFor Future Turn Lane & Through Lanes
ROW Dedication By
Separate Instrument ForFuture Turn Lane
Future Turn Lane
Future Turn Lane
100 Year FEMAFloodplain
Proposed 100Year Floodplain
Living Screen
NO PARKING NO PARKING NO PARKINGNO PARKINGNO PARKINGNO PARKING
–
”
Page 1 of 2
To: Planning & Zoning Commission Item No. 5
From: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use
Plan from Medium Density Residential to Retail & Neighborhood Services, generally located on
the northwest corner of Legacy Drive and Prosper Road. This is a companion case to Z20-
0013. (CA20-0003).
History:
This item was tabled at the January 19, 2021, and February 2, 2021, Planning & Zoning
Commission meetings, per a request by the applicant.
Description of Agenda Item:
Staff has received a request to rezone 5.5± acres from Agricultural (A) to Planned
Development-Retail (PD-R). The property is proposed to be developed for Mini-
Warehouse/Public Storage uses. 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 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.”
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?
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
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 the attached Request Letter.
Legal Obligations and Review:
The Planning & Zoning Commission is required to hold a Public Hearing prior to acting on an
amendment to the Future Land Use Plan.
Attached Documents:
1. Existing Future Land Use Plan
2. Proposed Future Land Use Plan
3. Request Letter
Staff Recommendation:
Town staff recommends the Planning & Zoning Commission consider and act upon an
amendment to the Town’s Future Land Use Plan.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on March 9, 2021.
Z
0 0.5 1 1.50.25
Miles Plate 2
Future
Land Use
Plan
Updated September 2020
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Parvin Rd.F.M. 1385GeeFishtrap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.
Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461
F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
Mahard PkwyHays RdShawnee Trl.Prairie Dr.
Legend
Low Density Residential
Medium Density Residential
High Density Residential
Retail & Neighborhood Services
Business Park
Old Town District
Town Center
Tollway District
US 380 District
100 Year Floodplain
kjMajor Gateway
kj Minor Gateway
Town of Prosper
ETJ
Note: A comprehensive plan shall not constitute
zoning regulations or establish zoning district
boundaries.
EXISTING
Z
0 0.5 1 1.50.25
Miles Plate 2
Future
Land Use
Plan
Updated January 2021
kj
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Parvin Rd.F.M. 1385GeeFishtrap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.
Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461
F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
Mahard PkwyHays RdShawnee Trl.Prairie Dr.
Legend
Low Density Residential
Medium Density Residential
High Density Residential
Retail & Neighborhood Services
Business Park
Old Town District
Town Center
Tollway District
US 380 District
100 Year Floodplain
kjMajor Gateway
kj Minor Gateway
Town of Prosper
ETJ
Note: A comprehensive plan shall not constitute
zoning regulations or establish zoning district
boundaries.
PROPOSED
February 11, 2021
Mr. Alex Glushko
Senior Planner
Town of Prosper
250 W. First Street
Prosper, TX 75078
Re: Future Land Use Plan Amendment
Legacy Storage – 1201 N. Legacy Drive
Dear Alex:
On behalf of our Client, Legacy Storage, please let this letter serve as a formal
request to amend the Future Land Use Plan for the property located along the
west side of Legacy Drive and north of Prosper Trail. The current plan calls for
this property to be Medium Density Residential and we would request an
amendment to Retail & Neighborhood Services.
This existing storage project was originally built in the County and has been
annexed into the Town several years ago. This property is located near the
intersection of two separate 4-lane arterial roadway and it is our opinion that
commercial uses are warranted at this location. This self storage project is a low
impact development with little traffic impacts and little impact to Town services.
The existing facility has been in its current location for approximately 13 years
and plans to be a service to the Town residents for many years to come.
We would respectfully request that the Future Land Use Plan be amended to
allow the proposed commercial uses.
Please contact me if you have any questions.
Respectfully,
ClayMoore Engineering, Inc.
Matt Moore, P.E.
Page 1 of 3
To: Planning & Zoning Commission Item No. 6
From: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 5.5± acres, from
Agriculture (A) to Planned Development-Retail (PD-R), for Legacy Storage, located on the west
side of Legacy Drive, north of Prosper Road. This is a companion case to CA20-0003. (Z20-
0013).
History:
This item was tabled at the January 19, 2021, and February 2, 2021, Planning & Zoning
Commission meetings, per a request by the applicant.
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 Agricultural
Mini-Warehouse/Public
Storage Facility
(Legacy Storage)
Medium Density
Residential
North Agricultural Undeveloped and Single
Family Residential
Medium Density
Residential
East Agricultural Undeveloped Low Density Residential
South Agricultural Single Family
Residential
Medium Density
Residential
West Agricultural Single Family
Residential
Medium Density
Residential
Requested Zoning – The Town has received a request to rezone 5.5± acres, from Agriculture
(A) to Planned Development-Retail (PD-R), located on the west side of Legacy Drive, north of
Prosper Road, to allow for a Mini-Warehouse/Public Storage facility (Legacy Storage). As
background, prior to annexation of the subject property in June of 2010, Denton County issued
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
ten (10) development permits to allow for the construction of the Legacy Storage Mini-
Warehouse/Public Storage facility on the subject property. Since that time nine (9) Mini-
Warehouse/Public Storage buildings have been constructed on the property as shown below.
The remaining development permit is for a 3,800 square-foot Mini-Warehouse/Public Storage
building, generally located in the highlighted area shown above. As opposed to developing the
final building in accordance with the County permit, the property owner is proposing to construct
a larger structure, located closer to Legacy Drive. As a result, rezoning is required. The
proposed rezoning request is for a three-story, 120,117 square-foot building, constructed
primarily of brick. The proposed site layout and front building elevations are shown below.
Page 3 of 3
If the rezoning request is approved, the property owner has agreed to enter into a Development
Agreement with the Town of Prosper to adopt architectural regulations consistent with Town
standards.
Future Land Use Plan – The Future Land Use Plan recommends Medium Density Residential
for the subject property. The proposed zoning request does not conform to the Future Land
Use Plan. The companion item is a request to amend the Future Land Use Plan to
Neighborhood & Retail Services to accommodate the rezoning request.
Thoroughfare Plan – The property has direct access to Legacy Road, an ultimate 4-lane divided
thoroughfare.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail will be needed at the time of development.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. To date,
Town staff has received one (1) Public Hearing Notice Reply Form, in opposition to the request.
Attached Documents:
1. Aerial and Zoning Maps
2. Exhibits A-G
3. Public Hearing Notice Reply Form
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 (CA20-0003).
1. If the Planning & Zoning Commission recommends approval of the amendment to the Future
Land Use Plan, the Commission should recommend approval of the rezoning request with the
condition that the property owner enter into a Development Agreement with the Town of Prosper.
2. If the Planning & Zoning Commission recommends denial of the amendment to the Future Land
Use Plan, the Commission should recommend denial of the rezoning request.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on March 9, 2021.
Z20-0013 LEGACY DRPROSPER RD
PROSPER TRL
GENTLE KNOLL LNSUMMERSIDE
LN
WOODLAWN DR
±0 375 750187.5
Feet
Z20-0013
S-16
PD-63
PD-66
PD-66
PD-14
PD-14
PD-14
A
A
R
R
SF
SF
SF-15
SF-12.5
SF-10
A LEGACY DRPROSPER RD
PROSPER TRL
GENTLE KNOLL LNSUMMERSIDE
LN
WOODLAWN DR
±0 375 750187.5
Feet
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5.497 ACRES
D.R.D.C.T.
C.C.F.N. 04-46357
13 April 2004 (1.515 Ac.)
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23 March 1979
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2007-139928
27 November 2006
Legacy Storage Center LLC.
100'SCALE: 1"=
COLLINSVILLE 903-429-6125 FAX 903-429-6971 E-mail: CLSC108@aol.com
P.O. BOX 597 108 N. MAIN ST. COLLINSVILLE, TEXAS 76233
COX LAND SURVEYING CO.
Job No.
Land Surveyors Seal
Registered Professional
1201 North Legacy Drive
5.497 Acres in the
J. H. Durrett Survey Abst. No. 350
Town of Prosper
MJC
DKC
Drawn by:
Check by:
13-9779-1
19 March 2013
Date:
S3R = Set 3/4" Rod
FIP = Found Rebar
SIP = Set 1/2" Sq.Tubing
FST = Fd 1/2" Sq.Tubing
FSR = Fd Sq. Rod
ROW = Right-of-Way
-X- = Fence Line
( ) = Deed Calls
-E- = Electric Line
-T- = Telephone Line
-C- = TV Cable
GM = Gas Meter
PP = Power Pole
WM = Water Meter
AC = Air Cond.
BL = Building Line
UGT = Undergd phone
FCP = Fence Corner Post
UE = Utility Easement
BC = Back of Curb
LEGEND
2007-139928
Legacy Storage Deed
Course along the south line
* * Basis of Bearing * *
Gainesville 940-612-LAND Denton 940-381-5070 McKinney 469-952-5070
**Note:
There May Or May Not Be Pipe Lines On This Property.
COX
903-429-6125CoxLandSurveying
C
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rp.saxeTellivsnilloC
County of Denton
State of Texas
* * PROPERTY DESCRIPTION * *
All that certain tract or parcel of land situated in the J.H Durrett Survey, Abstract Number 350, County
of Denton, State of Texas, said tract being all of a called 5.5 acre tract as described in Deed to Legacy
Storage Center LLC, filed 29 November 2006, and Recorded at clerk's filed number 2006-145432 of the
Real Property Records of the County of Denton, State of Texas, and being more fully described as
follows:
Beginning for the southeast corner of the tract being described herein at a found ½ inch Steel Rebar,
said rebar being the southeast corner of said Legacy tract, and the northeast corner of a called 6.6178
acre tract as described in Deed to Albert R. Tucker, filed 26 December 2001, and Recorded in Volume
4990 Page 4594 of said Real Property Records, said rebar also being in Legacy Drive (gravel
surfaced), said rebar also being on the common line between Denton County and Collin County;
Thence: North 89 degrees 08 minutes 42 seconds West, with the south line of said Legacy tract, and the
north line of said Tucker tract, and passing at 14.48 feet a found ½ inch Steel Rebar on the west side of
Legacy Drive, and continuing on said course for a total distance of 841.77 feet to a found ½ inch Steel
Rebar at the base of a fence corner post for the southwest corner of said Legacy tract and the northwest
corner of said Tucker tract;
Thence: North 02 degrees 26 minutes 45 seconds East, with the west line of said Legacy tract, a
distance of 284.84 feet to a found ½ inch Steel Square Tubing for the northwest corner of said Legacy
tract, said tubing being south 40 degrees 39 minutes 37 seconds west, a distance of 0.44 feet from a
found ¾ inch Steel Rebar;
Thence: South 89 degrees 09 minutes 00 seconds East, with the north line of said Legacy tract, a
distance of 839.84 feet to a set ½ inch Steel Square Tubing for the northeast corner of said Legacy tract,
and in Legacy Drive, said nail being south 68 degrees 27 minutes 24 seconds west, a distance of 0.31
feet from a found capped ½ inch Steel Rebar;
Thence: South 02 degrees 03 minutes 26 seconds West, with the east line of said Legacy tract, and in
Legacy Drive, a distance of 284.87 feet to the POINT OF BEGINNING and containing 5.497 acres of
land.
The undersigned does hereby state to Legacy Storage Center LLC and Independent Bank , that a survey
was made on the ground, dated 11 March 2013, on the property legally described hereon or in attached
field notes and is correct; except as shown on the plat hereon, there are no visible discrepancies,
conflicts, shortages in area, boundary line conflicts, overlapping of improvements, easements or
right-of-ways, or of which I have been informed; that the quantity of land therein has been accurately
calculated, that said property has access to and from a public roadway; and, that the plat hereon is a
true, correct and accurate representation of the property described hereinabove.
This Plat and Description was prepared for the exclusive use of the person or persons named in the
above statements. Said statement does not extend to any unnamed person without an express restating
by the surveyor naming said person, This survey was prepared for the transaction as dated hereon, this
Plat or Map is the Property of Legacy Storage and Cox Land Surveying Corp., and IS NOT to be used in
any other Transactions, and the COPY RIGHTS ARE RESERVED.
19 March 2013
03 April 2013 Rev.
______________________________
Don K. Cox, Texas Registered
Professional Land Surveyor
Number 4577
POB
NOTES:
1. Denton County Electric CO-OP, 402/318, Blanket ROW Easement, affects this tract.
2. Denton County Electric CO-OP, 402/374, Blanket ROW Easement, affects this tract.
Firm # 10005500
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Don K. Cox
EXHIBIT A
Exhibit B
April 20, 2020
Mr. Alex Glushko
Planning Dept.
Town of Prosper
250 W. First Street
Prosper, Texas 75078
Re: PD Zoning Request
Legacy Storage
Letter of Intent
Dear Alex,
Please let this letter serve as the Letter of Intent for the PD Zoning request
associated with the existing Legacy Storage development located just west of
Legacy Drive and north of Prosper Trail. This tract was originally developed
while in Denton County and under those guidelines. The property has since been
annexed into the Town. The owner has area available for a future multi-story
storage building and we would like to request a Planned Development to
accompany the previously developed buildings and this proposed facility. The
specific PD standards requested as part of this submittal are further detailed in
Exhibit C attached.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymoore Engineering, Inc.
301 S. Coleman, Suite 40
Prosper, TX 75078
817-281-0572
Matt Moore, P.E.
1
Z20-0013
EXHIBIT C
DEVELOPMENT STANDARDS
LEGACY STORAGE
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, 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 Retail District, as it
exists or may be amended.
2. Development Plans
1.Concept Plan: The tract shall be developed in general accordance with the attached
concept plan, set forth in Exhibit D.
2.Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F.
3.Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G.
3.Permitted Uses
Mini-Warehouse/Public Storage shall be a permitted use by right.
N 89°24'59" W
825.54'N 02°03'41" E288.24'S 89°12'34" E
827.35'S 02°26'22" W285.30'N 89°24'59" W
825.54'N 02°03'41" E288.24'S 89°12'34" E
827.35'S 02°26'22" W285.30'EMILY C LEWIS
A0350A J.M. DURRETT, TR
5A, 1.515 ACRES
PROSPER RETAIL PARTNERS LP
SHOPS AT QUAIL HOLLOW (CPR)
BLK A, LOT 7R
PROSPER RETAIL PARTNERS LP
SHOPS AT QUAIL HOLLOW (CPR)
BLK A, LOT 5R
TOWN OF PROSPER
SHOPS AT QUAIL HOLLOW (CPR)
LOT R001, 0.303 ACRES (ROW)
PROSPER RETAIL PARTNERS LP
SHOPS AT QUAIL HOLLOW (CPR)
BLK A, LOT 4R
PROSPER RETAIL PARTNERS LP
SHOPS AT QUAIL HOLLOW (CPR)
BLK A, LOT 3R
PROSPER RETAIL PARTNERS LP
SHOPS AT QUAIL HOLLOW (CPR)
BLK A, LOT 1RCOLLIN COUNTYQUAIL HOLLOW ESTATES (CPR),LOT R001, 1.7156 ACRES (ROW)DAVID & CHARLOTTE TITTLE
A0350A J.M. DURRET, TR 7, 6.5
ACRES. OLD DCAD TR #3(1)
VINGRIDS CAPITAL LLC
A0350A J.M. DURRETT, TR 5,
0.459 ACRES, OLD DCAD TR #3C
PROSPER RETAIL PARTNERS LP
SHOPS AT QUAIL HOLLOW (CPR)
BLK A, LOT 7R
VINGRIDS CAPITAL LLC
A0350A J.M. DURRETT, TR 4,
10.27 ACRES
NORMA MCCASLAND REVOCABLE
LIVING TRUST
A0350A J.M. DURRET, TR 2A,
3.405 ACRES.
LEONARD & NORMA MCCASLAND
TR,MCCASLAND REV LIV
A0350A J.M. DURRET, TR 2A,
40.595 ACRES. OLD DCAD TR #2
35,075 SF
BASE PLATE
3-STORY BUIDLING
LEGACY STORAGE CENTER LLC
A0350A J.M. DURRET, TR 6, 5.5
ACRES. OLD DCAD TR #3A(2)
EXISTING GATE
EXISITNG
BUILDING
EXISITNG
BUILDING
EXISITNG
BUILDING
EXISITNG
BUILDING
EXISITNG
BUILDING EXISITNG
BUILDING
EXISITNG
BUILDING
ADA
SIGN
30' ROW DEDICATION
EXISTING CONCRETE
DRIVE LONGITUDINAL
BUTT JOINT
LEGACY DR30' LANDSCAPE EASEMENTR60'26'EXISTING
SIDEWALK
EXISTING
FIRE LANEEXISITNGBUILDING 59.4' EX. ROW
ULTIMATE 6LD
CURB LINE
ULTIMATE 6LD
CURB LINE
59.43' EX. ROW
12'12'12'
24'
12'12'12'
5' LANDSCAPE
SETBACK
5' LANDSCAPE
SETBACK
EX LAND USE:RESIDENTIAL
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE: RESIDENTIAL
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: LOW
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: LOW
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: LOW
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIAL
EX ZONING: AG
EX LAND USE:AG
FUTURE LAND USE: LOW
DENSITY RESIDENTIAL
EX ZONING: AG
PROP
FHYD
PROP
FHYD
PROP
FHYD
PROP
FDC
EX LAND USE:AG
FUTURE LAND USE: LOW
DENSITY RESIDENTIAL
EX ZONING: AG
9'9'9'20'20'9'27'9'11'10'
BOLLARDS
(TYP)10'226'51.02'EXISTING DRIVE
65'146.63'28'10'15'42.79'51.03'11.16'
R30
'
39.09'58.78'R30'PROP
FHYD
LEFT TURN LANE150' STORAGE100' TRANSITION60'10.5'10'24'4'24'150' STORAGE100' TRANSITIONDECEL LANE75' STORAGE100' TRANSITION10'
R250'
R250'
R250'
R250'
R30'DECEL LANE366' ±TO PROSPER TRAILR30'R60'R30'
40'
30' FUTURE ROW
DEDICATION
R30'R30'R30'
FUTURE
POTENTIAL
CROSS ACCESS
(LOCATION TBD)DATENo.REVISIONBYDATE:
SHEET
File No.
02/10/2021
CHECKED:MAM
DRAWN:LRR
DESIGN:LRRLEGACY STORAGELEGACY DRIVEPROSPER, TEXAS1105 CHEEK SPARGER RD. SUITE #1PHONE: 817.281.0572COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2020-055
PRELIMINARY
CLAYMOORE ENGINEERING
0
GRAPHIC SCALE
1 inch = ft.
50 50 10
50
25
EXHIBIT DEX-D
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. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY
OTHER TYPE OF EASEMENT.
20. 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.
21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE
NOTED.
22. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A
PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF
APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE
END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED
AND RECEIVED APPROVAL OF ENGINEERING PLANS AND
BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING
PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL,
TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE
PROPERTY, IS NULL AND VOID.
COUNTY SURVEY:ABSTRACT NO.
DENTON
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572 CONTACT NAME: MATT MOORE
TRACT 6,
5.5 ACRES
LEGACY STORAGE
EXHIBIT D
CASE #: Z20-0013
OWNER:
LEGACY STORAGE CCENTER LLC
P.O. BOX 1300
PROSPER, TX 75078
PH: 972.347.0772 CONTACT NAME: TRAVIS SIMS
J.M. DURRET 0350A
ACCORDING TO MAP NO. 48121C0290G, DATED APRIL 18, 2011 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF DENTON
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS
DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF
THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS
FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE
STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.
ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD
HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD
STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.
FLOODPLAIN NOTE
SITE
VICINITY MAP
N.T.S.LEGACY DRDALLAS PKWYPARVIN RD
PROSPER RD
FRONTIER PKWY
LEGEND
LIGHT DUTY CONCRETE PAVEMENT
HEAVY DUTY PAVEMENT PER TOWN OF
PROSPER STANDARDS
PROPOSED SIDEWALK
PROPOSED CONCRETE CURB AND GUTTER
EXISTING FIRELANE
PROPOSED FIRELANE
PARKING COUNT
APPLICANT:
COX ALND SURVEYING
108 N MAIN ST
COLLINSVILLE, TX 76233
PH: 940.429.6125 CONTACT NAME: DON COX
Exhibit E – Legacy Storage Development Schedule
Below is an anticipated project schedule for the proposed Legacy Storage Schedule in
accordance with the submittal checklist. This schedule is conceptual and subject to change
based on permitting/entitlements. The proposed developer is working on obtaining the required
manufacturer approvals for the subject tract. Once obtained, then the permitting approvals will
start with the Town.
Zoning Submittal to Town – 4/20/20
Zoning Approval from Town – 7/14/20
Final Site Plan Submittal to Town – TBD
Final Site Plan Approval from Town – TBD
Submit Building Permit – TBD
Final Engineering Approval from Town – TBD
Building Permit Issuance – TBD
Start Construction – TBD
Construction Complete – TBD
Thank you and please call if you have any comments or need additional information.
Sincerely,
Matt Moore, P.E.
1' - 0"226' - 0"4' - 0"45' - 0"50' - 0"50' - 0"BRICK 1BRICK 2STUCCO FOAM DETAILBRICK 2STUCCO FOAM DETAILBRICK 2 TRIMSTUCCO FOAM DETAILBRICK 1BRICK 2 TRIMBRICK 2STONEINSTULATED METAL DOORMETAL STORAGE DOORBRICK 2BRICK 2 WATERTABLESTONE226' - 0"36' - 7 3/4"39' - 0"FAUX WINDOWROOF PITCHROOF PITCH65' - 0"42' - 0"45' - 0"50' - 0"1' - 0"161' - 0"STUCCO FOAM DETAILBRICK 2BRICK 1BRICK 2BRICK 2 TRIMMETAL DETAILSTUCCO FOAM DETAILBRICK 1BRICK 2 TRIMINSULATED METAL DOORBRICK 2BRICK 2 TRIMSTOREFRONT GLAZINGSTOREFRONT GLAZINGMETAL DETAILSTONEBRICK 2 WATER TABLE36' - 7 3/4"39' - 0"226' - 0"FAUX WINDOWROOF PITCHROOF PITCHBRICK 2BRICK 1STUCCO FOAM DETAILSTONEBRICK 1BRICK 1 SOLDIER COURSEMETAL DETAILBRICK 1BRICK 1 SOLDIER COURSEMETAL DETAIL45' - 0"50' - 0"42' - 0"24' - 0"36' - 9"174' - 6"GLAZINGSTOREFRONT GLAZINGMETAL DETAIL42' - 0"45' - 0"50' - 0"58' - 8"29' - 2"58' - 8"28' - 0"146' - 6"BRICK 2BRICK 1METAL DETAILBRICK 1STUCCO FOAM DETAILSTUCCO FOAM DETAILBRICK 2INSULATEDMETAL DOORMETAL STORAGE DOORMETAL STORAGE DOORMETAL DETAILSTONESTUCCO FOAM DETAILBRICK 1BRICK 2BRICK 2 TRIMBRICK 2WATER TABLEBRICK 2SHEET CONTENTPROJECT No.DESIGNED BY :DRAWN BY :DATE ISSUED :SHEET No.PROJECT DESCRIPTIONREVISIONSTAGREVISIONDATEREVISIONDESCRIPTION123-BUILDING PERMIT COMMENTARCHITECT LLC1615 BARCLAY DRIVECARROLLTON, TEXAS 75007COPYRIGHT C TL SULLIVAN ARCHITECTS2345DCBADCBA123451TLS214 533 9899tlsarch@aol.com214 682 0307jcabaya@live.comTERRY SULLIVAN JO ABAYAA - 401EXTERIOR ELEVATION 1LEGACY STORAGE CENTER-PROSPER, TEXAS75078PROJECT OWNERTRAVIS SIMS1201 N. LEGACY DRIVE0000---JC ABAYAJC ABAYA01/08/2021 3/32" = 1'-0"1North 3/32" = 1'-0"2South 3/32" = 1'-0"3East - Front Elevation 3/32" = 1'-0"4West 1" = 100'-0"5Building OutlineNORTHMATERIAL TABULATIONNORTH ELEVATION Stone - Gray Lueder StoneGlazingInsulated Metal DoorMetal Storage DoorSq. Ft.PercentTotalEAST ELEVATION - FRONTSq. Ft.PercentSOUTH ELEVATION Sq. Ft.PercentMetal DetailStucco Foam Detail1,9966,101189216301,425-50810,465Stone - Gray Lueder StoneGlazingInsulated Metal DoorMetal Storage DoorTotalMetal DetailStucco Foam Detail3,2562,3335881,464--2813518,27242%28%7%18%--1%4%100%19%58%2%2%-14%-5%100%Stone - Gray Lueder StoneGlazingInsulated Metal DoorMetal Storage DoorTotalMetal DetailStucco Foam Detail4,1385,26217824928-2763910,52138%50%2%4%---6%100%WEST ELEVATION Sq. Ft.PercentStone - Gray Lueder StoneGlazingInsulated Metal DoorMetal Storage DoorTotalMetal DetailStucco Foam Detail1,3864,942156-1357601003537,93918%62%2%-2%10%1%5%100%OWNER/APPLICANT:LEGACY STORAGE1201 N. Legacy DriveProsper, Texas 75078CONTACT: TRAVIS SIMSENGINEER:CLAYMOORE ENGINEERING1903 CENTRAL DRIVE, SUITE #406BEDFORD, TEXAS 76021(817) 458 8976CONTACT: LYNN ROWLANDARCHITECT:TLS ARCHITECT LLC1615 BARCLAY DRIVECARROLLTON, TEXAS 75007(214) 682 0307 / (214) 533 9899CONTACT: JO ABAYA / TERRY SULLIVANLEGAL DESCRIPTION:LEGACY STORAGE CENTER LLCABSTRACT 0350A, JM DURRET SURVEY, TRACT 6.5.5 ACRES.OLD DCAD TR #3A(2)CITY CASE NUMBER Z20-0013• “THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDINGINSPECTIONS DEPARTMENT”• "ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE"• “WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING”• "ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS FACADE PLAN SUBMITTALLEGACY STORAGE CENTERIN THE TOWN OF PROSPERBrick 1 - Midnight IS by Cloud CeramicsBrick 2 - Vintage White by Blackson BrickBrick 2 - VINTAGE WHITE by Blackson BrickBrick 1 - Midnight IS by Cloud CeramicsBrick 2 - Vintage White by Blackson BrickBrick 1 - Midnight IS by Cloud CeramicsBrick 2 - Vintage White by Blackson BrickBrick 1 - Midnight IS by Cloud CeramicsBrick 2 - Vintage White by Blackson Brick
30' Landscape
Easement
CE
CE
CE
CE
CE
CE
CE
CE
LO
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
BH
SO
SO
SO
LO
RY RY
RYRY RY
RY
TX
TX
TX
DY
DY DY
DY
DIH
DIH
DIH
DIH
DIH
DIH
TX
TX TX
RY
RY
Hydromulch BermudaHydromulch Bermuda
Hydromulch Bermuda
Solid Sod BermudaDIH
DIH
DIH
TY TY TY TY TYTYTYTYTYTYTYWMTYWMWMWMWMWMWMWMWMWM
WM TX TX TX TXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTXTX
TX
TXTX
TX
TX
TX
TX TX
CE
RY
RYRYRYRY
RY
RY
RY
TX
TX
TX
TX
TX
TX
TX
RYRYRY
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
AB
5' Landscape setback
CR
BH
DY DY
DY DY
TX
TX
TX
RY
RY
N 89°24'59" W
825.54'N 02°03'41" E288.24'S 89°12'34" E
827.35'S 02°26'22" W285.30'35,075 SF
BASE PLATE
3-STORY BUIDLING
DATENo.REVISIONBYDATE:
SHEET
File No.
01/11/2021
CHECKED:MAM
DRAWN:LRR
DESIGN:LRRLEGACY STORAGELEGACY DRIVEPROSPER, TEXAS1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2020-055H.U
HN M
OSAJETSTA
3
O F
9 7
ET XR
F
P
YL-1LANDSCAPE PLANTREE LEGEND
Canopy Trees
LO Live Oak SO Shumard Oak
HATCH LEGEND
Solid Sod
Bermuda Grass
SHRUB LEGEND
Install 4" steel edging between all shrub beds and grass
areas.
Install 4" layer of shredded hardwood mulch to all planting
beds.
The project will have an undergound automatic irrigation
system to water all new plantings.
LANDSCAPE NOTES
1.
2.
3.
4.Shrub beds to have 8 inches of prepared planting mix
(75% import topsoil, 15% composted amendment, 10%
washed sand)
5.Shredded hardwood mulch must contain long strands
along with double shred finer material obtained from a
local source.
6.Install 4 inches of clean topsoil in all areas of the site disturbed
by grading and construction operations. Topsoil shall be free
from sticks, debris and rocks larger than 2 inches in diameter
and have an organic matter level of 3 percent minimum and a
pH range between 5.5 and 7.4 percent. Provide soil test
analysis from a soil test laboratory showing soil makeup and
organic percentage.
7.Solid sod or hydromulch all areas disturbed by
construction activities as shown on plan.
Ornamental Trees
CR Crapemyrtle
CE Cedar Elm
0
GRAPHIC SCALE
1 inch = ft.
WM Wax Myrtle
15
30
3030 60
EX. STORAGE BUILDING
EX. STORAGE BUILDING EX. STORAGE BUILDING
EX. STORAGE BUILDING
EX. STORAGE BUILDING EX. STORAGE BUILDING
EX. STORAGE BUILDING
PROPOSED STORAGE BUILDING
LEGACY DRIVEEX. STORAGE BUILDING
Burford Holly
Red Yucca
Dwarf Indian Hawthorne
BH
RY
DIH
Texas SageTX
Dwarf YauponDY
AbeliaAB
TY Tree Yaupon
4" Decomposed Granite
on fabric
DATENo.REVISIONBYDATE:
SHEET
File No.
01/11/2021
CHECKED:MAM
DRAWN:LRR
DESIGN:LRRLEGACY STORAGELEGACY DRIVEPROSPER, TEXAS1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2020-055H.U
HN M
OSAJETSTA
3
O F
9 7
ET XR
F
P
YL-2LANDSCAPE DETAILSWATER BASIN
SHRUB PLANTING
SEE PLAN
TRIANGULARSPACING
SCALE: NONE
EQUAL
MULTI-TRUNK PLANTING
PREPARE SOIL MIXAND FERTILIZERPER SPECS.
TOP OF BALL ORROOT CROWN1" ABOVE FIN.
STEEL EDGING
SEE PLAN
GRADE
PLACING PREPARED MIX
SCARIFY BOTTOM OFPLANTING BED BEFORE
EQUALPREPARED SOIL MIXAND FERTILIZER (SEE SPECS)
12"
4" MULCH LAYER
SCALE: NONE4"NATIVE SOIL
4" MULCH LAYER
4" MULCH LAYER
12" DEPTH OF
PLANTING MIX
TRIANGULARSPACING EQUALEQUAL
SCALE: NONE
GROUNDCOVER PLANTING234
8"
DETAIL FORARBOR-GUY
REFER TO
ANCHORING
STEEL EDGING
SEE PLAN
CANOPY TREE PLANTING
SCALE: NONE1
TREE STAKE SOLUTIONS LLC
9973 FM 521 ROAD
ROSHARON, TX 77583
PHONE: (281) 778-1400
FAX: (281) 778-1425
www.treestakesolutions.com™Solutions
UNDISTURBEDSOIL
NAIL
STAKE
ROOT ANCHOR
U-BRACKET
ROOTBALL
PLANTING HOLE
UNDISTURBED
SOIL
ROOT ANCHOR
U-BRACKET
ROOTBALL
PLANTING HOLE
TREE TREE
NAIL STAKE
PLANTING HOLE
TREE
U-BRACKET
ROOT ANCHORTREE TRUNK
ROOTBALL
1. WITH TREE IN A STRAIGHT & PLUMB
POSITION, CENTER THE APPROPRIATE ROOT
ANCHOR SAFETY STAKE AROUND THE TRUNK,
WITH RINGS LAYING FLAT AGAINST
ROOTBALL, U-BRACKETS FACING UP.
2. INSERT 1 OF 3 NAIL STAKES THROUGH EACH OF
THE U-BRACKETS. NAILS SHOULD REST IN THE
UNDISTURBED SOIL AT THE BOTTOM OF THE TREE
PIT. ALL NAILS SHOULD FIT SNUG AGAINST THE SIDE
OF THE ROOTBALL.
(FOR HAND OR MACHINE DUG TREES, IT MAY BE
NECESSARY TO PENETRATE 1" - 4" OF OUTER AREA
OF THE ROOTBALL WITH THE NAIL.)
3. NAIL STAKES SHOULD BE DRIVEN STRAIGHT DOWN
INTO THE UNDISTURBED SOIL BELOW THE
ROOTBALL. THE NAILS ARE NOW CAGING THE
ROOTBALL IN PLACE, WHILE THE TOP BRACKET PINS
THE ROOTBALL DOWN.
AFTER THE TREE STAKE IS INSTALLED, A LAYER OF
MULCH CAN BE ADDED OVER THE STAKE. REMOVE
ROOT ANCHOR AFTER TREE IS ESTABLISHED.
ITEM #
5 BG
15 BG
30 BG
45/65 BG
DESCRIPTION
5 GALLON OR 10" ROOTBALL
10/15 GALLON OR 17" ROOTBALL
20/30 GALLON OR 22" ROOTBALL
45/65 GALLON OR 27-30" ROOTBALL
NAIL LENGTH X 3PC
(INCLUDED)
#4 X 24"
#4 X 36"
#4 X 36"
#4 X 48"
ITEM #
100 BG
150 BG
200 BG
300 BG
DESCRIPTION
95/100 GALLON OR 36" ROOTBALL
150 GALLON OR 42" ROOTBALL
200 GALLON OR 48" ROOTBALL
300 GALLON OR 58" ROOTBALL
NAIL LENGTH X 3PC
(INCLUDED)
#5 X 48"
#5 X 60"
#5 X 72"
#5 X 72"
ROOT ANCHORTM BELOW GRADE SAFETY STAKE SIZING CHART
Landscape Calculations
Town of Prosper, Texas
Interior Landscape Area
Provided
1 tree / 15 spaces
Required
22 spaces
1 tree per 30 LF
2 trees
ProvidedRequired
Street Landscape Area
At least 1 tree within 150'
of each parking space.
15 shrubs per 30 LF
15 sf area for each parking space 330 SF 874 SF
Perimeter Landscape ProvidedRequired
1 tree and 1 shrub per 15 LF
22 trees
22 shrubs
North property line 22 trees
22 shrubs
329 LF
10 trees
284.92 LFLegacy Drive 143 shrubs 143 shrubs
4 trees
10 trees
Cedar Elm Ulmus crassifolia
30 gal. 8' ht. 3 trunk 3" cal. min.Lagerstroemia indica 'Basham Pink'Crapemyrtle
7 gal. 36" oc 36" ht. at timeIlex chinensis burfordi Burford Holly
5 gal. 36" ocHesperaloe parvifloraRed Yucca
Shumard Oak Quercus shumardii
5 gal. 36" ocRaphiolepis indica 'Clara' Dwarf Indian Hawthorne
CE
CR
BH
RY
SO
DIH
ORNAMENTAL TREES
SHRUBS & GROUNDCOVERS
PLANT LIST
CANOPY TREES
Live Oak Quercus virginianaLO 3" cal. B&B 11' ht. 5' spread
3" cal. B&B 11' ht. 5' spread
3" cal. B&B 11' ht. 5' spread
5 gal. 36" ocLeucophyllum frutescens 'Silverado'Texas SageTX
5 gal. 36" ocIlex vomitoria 'Nana'Dwarf YauponDY
9
1
55
21
3
9
2
45
8
30 gal. 8' ht. 3 trunk 3" cal. min.Ilex vomitoriaTree YauponTY12
30 gal. 8' ht. 3 trunk 3" cal. min.Myrica ceriferaWax MyrtleWM11
of planting
5 gal. 36" ocAbelia grandifloraAbeliaAB24
DEVELOPMENT SERVICES
DEPARTMENT
250 W. First Street TOWN OF PRDSPER Prosper, TX 75078
Phone: 972-346-3502
Prosper is a place where everyone matters.
REPLY FORM
SUBJECT:
Zoning Case Z20-0013: The Town of Prosper has received a request to rezone 5.5t acres, from Agriculture (A) to
Planned Developmnent-Retail (PD-R),in order to allow for an additional mini-warehouse/public storage bulding
LOCATION OF SUBJECT PROPERTY:
The property is located on the west side of Legacy Drive, north of Prosper Trail
x IOPPOSE the request as described Hearing. If in oppostion, pleae provide areason for
opposition
I DO NOT OPPOSE the request as described in the notice of Public Hearing
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY)
Signature Name (please prinl)
Date Address
E-mail Add City, State, and Zip Code
January 14, 2021
Development Services Department
Town of Prosper
250 W. First Street
Prosper, TX 75078
972-346-3502
To the care of the Planning and Zoning Commission and Staff regarding the Zoning Case Z20 -
0013 (Legacy Storage),
We are writing you in opposition to the Zoning Case Z20 -0013. We own the single-family
residence immediately to the north (1251 N. Legacy Drive) and adjacent to the Legacy Storage
facility. We purchased the property in 2004, well before Travis and Michel le Sims purchased
the property from Corky Underwood in approximately 2007 -2008. Our property assets such as
driveway and pond were in existence prior to the development of Legacy Storage.
I’ve attached my comments from April 27, 2010 (EXHIBIT A) when the Town held an Annexation
hearing and I gave my comments in favor of annexations for many of the reasons to the Town’s
benefit, not just my own. I would encourage you to review them for contextual reference.
While the Sim’s have developed Legacy Storage over the years, we’ve had trouble receiving
cooperation from them regarding building on our property (over our property line) and not
providing any detention/retention structures to reduce the burden of our pond managing their
increased storm water runoff due to the impervious driveways and metal buildings.
This rezoning case compounds these existing issues of building setbacks and detention, or lack
thereof (directly affecting our property) and creates new issues (directly impacting the Town of
Prosper). These new issues the Town is faces with this request are as follows.
1. Conformity to new zoning cannot be realized for 5+ years ,
2. There are no prior development rights in the northeast corner of the property left over
from Denton County’s previous building permits that the Town must honor,
3. Rezoning Legacy Storage would handcuff and handicap the Town’s opportunities in the
Legacy/Prosper Trail region prematurely,
4. The highest and best use of the Legacy Storage property may look different in 5+ years,
so don’t lock in today what may change in the future,
5. Legacy Storage’s proposed preliminary site plan attached to the rezoning request, that
includes a 3-story self-storage building, does not meet current development standards
in terms of storm water detention/retention,
6. Approving this rezoning case prematurely sets in motion a slew of other small -tract
rezoning requests that aren’t congruous with the Town’s Comprehensive Plan, setting a
precedent that is going to require P&Z to follow, eventually giving up future
opportunities for that major region in the future when utilities arrive.
First, according to the Town’s engineers within Development Services, water and sewer are not
expected to arrive at this section of Legacy Drive for another 5 -7 years. Legacy Storage
currently has no [groundwater well] water, OSSF [on site sewer facility] nor fire protection
sprinklers within their buildings. Although approving the rezoning request would require
Legacy Storage bring their property into conformity, the practicality or enforcement of this is
unlikely as the utilities needed to conform won’t be available to that area for another 5-7 years.
Be sure that, as adjacent landowners to Legacy Storage, one of the larger risks threatening our
property and residence is the absence of any fire suppression in a storage facility that stores a
variety of flammable possessions with no oversight from management. For this reason, the
Town has no incentive to approve the zoning request simply because immediate conformity
after a zoning change cannot be realized.
Secondly, the Denton county building permit acquired by Legacy Storage prior to the Town of
Prosper annexation includes a hand-sketched site plan that has no plans for the portion of the
property that is now slated for a 3-story storage building. The Town has no obligation to honor
a Denton county building permit that has a site plan sketch that doesn’t include a plan for the
northeast corner of the property. For the sake of hypothetical exercise, let’s assume the
Denton county building permit authorized a storage building in the northeast corner of the
property. The Town could no longer recognize that building because it couldn’t be built in
conformity to the newly issued zoning change. For this reason, whether the Denton count y
building permit included a building in the northeast quadrant of the property or not, it would
be a moot point because the Town could not approve the construction of said building because
it would not conform to the Town’s building ordinances. The permit binder for all building
permits acquired by Legacy Storage from Denton County prior to the Town’s annexation are
attached. Please particularly note in document 20100290 on page 5, the unpermitted void in
the NE corner where their new preliminary site plan proposes a 3 story storage building.
Thirdly, approving this rezoning request would handcuff and handicap the Town’s ability to wait
for a showcase development once the northwest corner individual, small-tract properties are
potentially acquired and aggregated for a larger planned development. It begs the question,
“what’s the hurry?” I argued this point on a similar case - Z10-0021 - in January of 2011 with
regards to a request by Mr. Ron Berlin to rezone 13.6 acres on the northeast corner of Legacy
Drive and Prosper Trail. As a result of the conversation that ensued, staff recommended the
denial of the request and the P&Z commissioners followed the recommendation and that tract
is still available as an incredible opportunity to the Town even today. Had the zoning request
passed in 2010, you would now be handcuffed to a project that didn’t fit the evolution of plans
and development on that corner. I’ve attached the supplemental staff guidance document as
EXHIBIT B.
Fourth, the value of the metal storage buildings and current Comprehensive Plan proposed
zoning for medium density residential could lend itself to a higher land value versus structure
value (same for my property) and this fact does not eliminate the possibility of Legacy Storage
selling the land in an aggregate purchase for a larger Planned Development, better suited to the
Town’s Comprehensive Plan. Since Legacy Storage could not conform until water and sewer
arrive (5-7 years, per Town Development Services engineers), what unintended consequences
could come from premature rezoning? I argue an unintended consequence to the Town is a
missed opportunity to amortize a sunset the current self-storage use and develop it in a higher
and better use that suits the intent of the Comprehensive Plan.
Fifth, the proposed preliminary site plan labeled “Exhibit D” in the Z20-0013 rezoning request
does not contain conforming elements such as storm water detention and/or retention.
According to the preliminary site plan, Legacy Storage proposes to either 1) direct all post -
development storm water volumes and velocities into our pond and property or 2) divert all
post-development flows away from our pond and property. Both of these scenarios violate not
only the Town’s building ordinances with regards to pre-development storm water flows but
either plan violate water laws established and maintained by TCEQ. As downstream property
owners, we have a right to receive pre-development storm water flows to our pond – not any
more and not any less. This is the same requirement you have for storm water in the rest of
the Town.
Lastly, as I explained in my arguments to the P&Z commission in 2010/2011 regarding Berlin’s
Quail Hollow zoning case the approval of this 5.5-acre Legacy Storage rezoning could set a
dangerous precedent for all the other <10-20 acre tracts situated in close vicinity to Legacy
Storage. If the Town holds firm to their commitment to not prematurely rezone small tracts or
existing, unconforming uses, they can open the door to future development opportunities that
are of higher and better use, according to the planning intent set forth in the Comprehensive
Plan. If a tract like Legacy Storage is rezoned for a lower, less productive use prematurely, the
Town opens itself to having to fight tooth and nail to hold the rest of the small tract developers
from the landslide of unintended uses as compared to the Comprehensive Plan.
Albeit Legacy Storage is a “small” case that, on the surface, doesn’t seem to have many
negative rezoning effects, the reality is it could prematurely set the tone for the Legacy/Prosper
Trail area that can’t be undone. With water and sewer being more than five years away, what’s
the hurry to approve a rezoning case that 1) doesn’t fit the intent of the Comprehensive Plan, 2)
can’t conform even if rezoned and 3) negatively impacts the future development opportunities
for that important corner.
We want to thank you for your consideration of this rezoning case. Although it seems small and
inconsequential, when fully explored and vetted, it’s arguably the most important rezoning
decision you’ll make for the fate of west-central Prosper and the Legacy/Prosper Trail
intersection.
Best regards,
Trent Lewis, FPC
and
Emily Lewis, P.E.
1251 N. Legacy Drive
Prosper, TX 75078
214.402.4297 – Trent’s cell phone
214.514.2665 – Emily’s cell phone
EXHIBIT A – Remarks to Town Council during the Annexation Hearing
4.27.10
RE: Annexation hearing
Town of Prosper Councilmen and Staff,
My name is Trent Lewis – 1251 N Legacy Drive, Prosper, TX.
Let me preface with this…my wife, Emily, and I purchased our Legacy property with the
knowledge that we were offered no development protection from the Town of Prosper. We
fully understood this and assume responsibility for it. Emily and I, having been involved heavily
in land development in north Texas, knew and assumed these risks. As a matter of fact, Emily
and I joked about the fact we’ll probably have a storage facility on one side and a concrete
batch plant on the other side of us if we didn’t get annexed soon. That was 2004. In 2007, that
joke became a reality. Now, there sits Legacy Storage to our south and a concrete silo and
loading area to our north – both adjacent to our property. In 20/20 hindsight, we shouldn’t
have joked about it, I guess.
Now, within two feet of my property line, I have a storage building. No set back, no building
ordinances applied, no landscape buffers or planting requirements, no architectural standards,
no storm water detention, etc. Just metal storage buildings, a few concrete drives and a rock
lot for outdoor parking. Did the owners of Legacy Storage know what t hey were planning? Did
they know that by building this facility within Prosper’s ETJ they would be able to circumvent
the inevitable development requirements of the Town? Absolutely. But only temporarily.
That’s why, as we speak, more buildings are bei ng erected. Coincidentally, the earth moving for
the new buildings commenced just a few, short days after everyone received the notice of
annexation by mail. The owners of Legacy Storage are well aware that the upcoming
annexation of their property will subject their project to all the Town’s zoning, ordinances and
enforcement of Prosper, bringing the ease at which they’ve built metal buildings, in the past, to
an abrupt halt.
It is these scenarios with Legacy Storage that speak to the need for Prosper t o annex the
remainder of our ETJ at this time. Investors hoping to develop land that doesn’t meet the
future plans of our town need to be brought into conformity. The best way to do this is with
early annexation.
I’ve stood here on several occasions and spoken in support of your plans to annex the land
located within Prosper’s ETJ, specifically on the west side of town. Tonight, is no different. You
will continue to find my support in your plans for annexation.
EXHIBIT A – Remarks to Town Council during the Annexation Hearing
(cont’d)
Many will oppose the annexation plans for one reason or another, but all of their reasons are
secondary to the ultimate goal of annexation – to protect Prosper’s future. I encourage each
councilman to stand firm in their convictions and reasoning’s for annexing the rest of the land
in Prosper’s ETJ. Amid the doubts and fears that owners’, whose land is subject to the
annexation, they too want the protection of their property as it applies to being annexed, but
they want it at no additional cost.
I see it differently. The additional cost I’m burdened with, as a result of being annexed, I see as
protection (or what’s left) for the future value and use of my property and those landowners
adjacent to me. Annexation is not all about the “tangible” services the Town gives me –
annexation is also about the potential FUTURE value gained many years down the road. This
protection comes in the way of the jurisdiction and enforcement of Town ordinances, zoning
and planning laws.
I know it will be many years before I see the “tangible” services the Town will provide as a
result of being annexed – the water, sewer and other infrastructure. But those that oppose the
annexation will throw this at you all day.
I encourage any person who is opposed to the Town’s annexation of the remaining ETJ to
strongly consider the long-term benefits this could provide you, rather than only focusing on
the short-term losses, and turn your opposition into support for the upcoming annexation.
Thank you again, councilmen, for walking the hard road and doing what’s in the best interest of
the Town and its future, rather than pleasing a group of individuals seeking after their own
interests. Your efforts may not be truly realized by the majority of t he Town residents until
many years from now. Then, it will not be me, alone, thanking you – we ALL will thank you.
EXHIBIT B – Staff Guidance Report to Quail Hollow from 2010
Page 1 of 2
To: Planning & Zoning Commission Item No. 7
From: Scott Ingalls, AICP, Senior Planner
Through: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use
Plan from Medium Density Residential to Tollway District, generally located on the south side of
Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-0026. (CA20-
0004).
Description of Agenda Item:
Staff has received a request to rezone Planned Development-69 (PD-69), on 74.3± acres,
generally to rezone the single-family tract to allow for retail uses. 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 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.”
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
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
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 the attached Request Letter.
Legal Obligations and Review:
The Planning & Zoning Commission is required to hold a Public Hearing prior to acting on an
amendment to the Future Land Use Plan.
Attached Documents:
1. Existing Future Land Use Plan
2. Proposed Future Land Use Plan
3. Request Letter
Staff Recommendation:
Staff recommends the Planning & Zoning Commission consider and act upon an amendment to
the Town’s Future Land Use Plan.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on March 9, 2021.
Z
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Future
Land Use
Plan
Updated September 2020
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Parvin Rd.F.M. 1385GeeFishtrap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.
Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461
F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
Mahard PkwyHays RdShawnee Trl.Prairie Dr.
Legend
Low Density Residential
Medium Density Residential
High Density Residential
Retail & Neighborhood Services
Business Park
Old Town District
Town Center
Tollway District
US 380 District
100 Year Floodplain
kjMajor Gateway
kj Minor Gateway
Town of Prosper
ETJ
Note: A comprehensive plan shall not constitute
zoning regulations or establish zoning district
boundaries.
EXISTING
Z
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Miles Plate 2
Future
Land Use
Plan
CA20-0004 Proposed
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Parvin Rd.F.M. 1385GeeFishtrap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.
Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461
F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
Mahard PkwyHays RdShawnee Trl.Prairie Dr.
Legend
Low Density Residential
Medium Density Residential
High Density Residential
Retail & Neighborhood Services
Business Park
Old Town District
Town Center
Tollway District
US 380 District
100 Year Floodplain
kjMajor Gateway
kj Minor Gateway
Town of Prosper
ETJ
Note: A comprehensive plan shall not constitute
zoning regulations or establish zoning district
boundaries.
PROPOSED
February 11, 2021
Mr. Alex Glushko
Senior Planner
Town of Prosper
250 W. First Street
Prosper, TX 75078
Re: Future Land Use Plan Amendment
Metten Tract – SEQ of Dallas North Tollway/Frontier Parkway
Dear Alex:
On behalf of our Client, Metten Real Estate, LP, please let this letter serve as a
formal request to amend the Future Land Use Plan for the property located along
the southside of Frontier Parkway and east of Dallas North Tollway. The current
plan calls for this property to be Medium Density Residential and we would
request an amendment to Tollway District.
Our team feels that this site is better suited for commercial uses along the
Frontier Parkway which will be a 6-lane major thoroughfare in the near future. It
is our belief that including the additional eastern acreage to the Tollway District
is more suited for commercial with the access to Frontier and the Dallas North
Tollway. The location of Frontier Park to the east of the tract is a compatible
adjacent use to this tract. We do have single family adjacency to the south of this
tract and we have incorporated additional setbacks for any use that has multi-
story height. Given the imminent construction of the Dallas North Tollway and
the tracts proximity to the established Town limits, if this tract stays residential it
is our team’s belief this will hinder commercial development at this corner and
likely positions the northern corners of this intersection for that commercial
development This additional commercial acreage affords the Town additional
commercial development opportunities at one of their gateway intersections
along the Dallas North Tollway which we believe helps the long term economics
of the Town.
We would respectfully request that the Future Land Use Plan be amended to
allow the proposed commercial uses.
Please contact me if you have any questions.
Respectfully,
ClayMoore Engineering, Inc.
Matt Moore, P.E.
Page 1 of 3
To: Planning & Zoning Commission Item No. 8
From: Scott Ingalls, AICP, Senior Planner
Through: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend Planned
Development-69 (PD-69), on 74.3± acres, generally to amend the residential tract to allow for
non-residential uses, located on the southeast corner of Dallas Parkway and Frontier Parkway.
This is a companion case to CA20-0004. (Z20-0026).
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-69-
Retail and Single Family-12.5 Undeveloped
Tollway District and
Medium Density
Residential
North City of Celina Undeveloped and Single
Family Residential City of Celina
East Agricultural Town of Prosper
Frontier Park
Medium Density
Residential
South Commercial Corridor and
Planned Development-8
Undeveloped and Lakes of
Prosper North
Medium Density
Residential
West Commercial Undeveloped Tollway District
Requested Zoning – The purpose of this request is to amend Planned Development-69 (PD-69)
generally to rezone the residential tract to retail. PD-69 currently consists of the following:
• Tract 1 which is 35.2± acres located on the southeast corner of Frontier Parkway and Dallas
Parkway and allows for retail uses, in accordance with the Retail (R) District.
• Tract 2 which is 45.6± acres located on the south side of Frontier Parkway, east of Dallas
parkway, adjacent to Frontier Park and Lakes of Prosper North, and allows for single family uses,
in accordance with the Single Family-12.5 (SF-12.5) District, as shown below.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
With this request the applicant is proposing to replace the existing single family residential (SF-
12.5) zoning of Tract 2, with the retail (R) zoning of Tract 1. Tract 1 is proposed to remain retail,
no amendments are proposed on Tract 1. If approved, entire property would be zoned Planned
Development-Retail. With the request there are no conceptual site layout exhibits. Rather, t he
PD currently requires approval of Conceptual Development Plans by the Planning & Zoning
Commission and the Town Council prior to any development of the property. At this point in
time, there are no plans for development of the property. This request is primarily to designate
additional land along the Dallas Parkway (future Dallas North Tollway) for non-residential uses.
Because the Future Land Use Plan currently designates the residential area (Tract 2) for
Medium Density Residential uses, this zoning request is accompanied by a request to amend
the subject property on the Future Land Use Plan entirely for Tollway District uses.
Staff has recommended the applicant meet with representatives of the adjacent residential
neighborhood to the south, Lakes of Prosper North, prior to the Public Hearing; however, staff is
currently unaware if that meeting has occurred. Secondly, staff requested market data to
substantiate the viability of the additional non-residential acreage of Tract 2. However, staff was
informed such data would not necessarily be conclusive or reliable but did suggest confidence
in non-residential development of this area in the future.
If the rezoning request is approved, the property owner has agreed to enter into a Development
Agreement with the Town of Prosper to adopt architectural regulations consistent with Town
standards.
Future Land Use Plan – The Future Land Use Plan recommends Tollway District and Medium
Density Residential for the subject property. The proposed zoning request does not conform to
the Medium Density Residential District of the Future Land Use Plan. The companion item is a
request to amend the Future Land Use Plan to Tollway District to accommodate the rezoning
request.
Thoroughfare Plan – The property has direct access to the Dallas Parkway and Frontier
Parkway, 6-lane divided major thoroughfares. The property also has direct access to a 2-lane
undivided north/south Commercial Collector along the west side of the property as shown
above. This request conforms to the Thoroughfare Plan.
Page 3 of 3
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail along Frontier Parkway will be required at the time of
development.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. To date,
Town staff has not received any Public Hearing Notice Reply Forms.
Attached Documents:
1. Aerial and Zoning Maps
2. Existing PD-69
3. Proposed Exhibits
4. Exhibit C (Redlined)
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 (CA20-0004).
1. If the Planning & Zoning Commission recommends approval of the amendment to the Future
Land Use Plan, the Commission should recommend approval of the rezoning request with the
condition that the property owner enter into a Development Agreement with the Town of Prosper.
2. If the Planning & Zoning Commission recommends denial of the amendment to the Future Land
Use Plan, the Commission should recommend denial of the rezoning request.
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on March 9, 2021.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFRONTIER PKWY
DALLAS PKWYTALON LNLAKE TRAIL LNKIRKWOOD LNSTADIUM DREVENING SUN DR WESLEY DRCARUTH DR BEACON HILL DRBAINBRIDGE LNSABINE DR
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0 1,500750Feet
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Z20-0026 - Metten Tract
This map is for illustration purposes only.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
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WATERVIEW DR
COLEMAN STINWOOD LN
FAWN MIST DR
SHENANDOAH ST
FOX CROSSING LNQUIET OAK LN
0 1,500750Feet
µ
Z20-0026 - Metten Tract
This map is for illustration purposes only.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-41
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 80.71 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY-12.5/RETAIL (PD-SF-12.5/R); DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Metten
Real Estate, L.P. ("Applicant") to rezone 80.71 acres of land, more or less, situated in the Collin
County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
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 Zonina Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below-described property containing 80.71 acres of
land, more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147,
in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and
alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-
Single Family-12.5/Retail (PD-SF-12.5/R). The property as a whole and the boundaries for
PD-69
each zoning classification are more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as
Exhibit "C"; 3) the conceptual development plan requirements, attached hereto as Exhibit "D";
and 4) the development schedule, attached hereto as Exhibit "E", which are incorporated herein
for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may
be amended.
Three (3) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be 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.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Ordinance No. 14-41,Page 2
SECTION 6
Severabilitv. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 22nd DAY OF JULY, 2014.
Ray Smith, Miyor
ATTEST:
i
Robyn ittle, ToVn Secre£ary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-41,Page 3
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Exhibit B for Z14-0006
Statement of Intent and Purpose
The purpose of this planned development is to create a mix of retail and single family residential uses
which are consistent with the Town's comprehensive plan. It is intended to utilize the Town's base
standards and incorporate some additional uses and criteria which will better position the proposed
development due to the properties proximity to the future Tollway and surrounding uses.
Ordinance No. 14-41,Page 6
Exhibit C for Z14-0006
Planned Development Standards
Tract 1 Retail
A. General Description: The areas identified as Retail will provide the ability to
encourage and to accommodate the development of office and retail service
centers within growth corridors located along the North Dallas Tollway extension.
The property within these areas shall develop under the standards for the Retail
District as contained within the Town of Prosper Zoning Ordinance, as it exists or
may be amended, subject to the specific provisions contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail District of
the Town of Prosper Zoning Ordinance, the following use shall be permitted in the retail
areas indicated on Exhibit"D". Uses followed by an S are only permitted by Specific Use
Permit. Uses followed by a C are permitted subject to the conditional standards in the
Town's Zoning Ordinance:
1.Hotels-C
2. Theater, Regional
3.Research & Development Center-S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max. FAR
for all other buildings shall be 0.4:1.
D. Buildinq Heiqhts: The permitted height of all buildings within the retail areas of the
Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings, and Hospitals located within the
retail tract shall be eight (8) stories, not greater than one hundred (100) feet. All
other uses shall be limited to two(2)stories, not greater than forty(40) feet.
b.Non-residential buildings located within one hundred fifty feet (150') of a single-
family zoned area shall be limited to a maximum height of two(2)stories.
C.Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas. These
additional setbacks will require one foot (1') of setback, beyond the
aforementioned one hundred fifty feet (150'), for each additional foot of building
height above two (2)stories.
E. Lot Area: The minimum area of any lot shall be then thousand (10,000)square feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet(100').
G. Lot Depth: The minimum depth of any lot shall be one hundred (100').
H. Lot Coveraqe: In no case shall more than sixty percent (60%) of the total lot area be
covered by the combined area of the main buildings exceeding 2-stories. Parking
structures and surface parking facilities shall be excluded from the coverage
computations. Lot coverage is limited to forty percent (40%) excluding parking and
parking structures for all structures 2-stories and less.
F.TRI Civil 69311700-Metten 80 Ac Prosper Submittals 2014 Frh,bits B-F for Z14 Revised 2 doc,
Ordinance No. 14-41, Page 7
I.All required detention areas shall be developed as an amenity with upgrades
such as landscaping, trees, trails, benches, etc., and constructed as a wet
detention pond (constant water level) with a fountain and/or bubblers. The wet
pond requirement may be waived if in conflict with TCEQ regulations, other
applicable City/Town downstream water rights and/or other applicable regulatory
requirements. Underground detention may be utilized within nonresidential
components of the Planned Development.
Tract 2 Sinqle Familv Residential
A. The property shall be developed in accordance with the Single Family-12.5
District as outlined in the Town of Prosper Zoning Ordinance 05- 20, as it exists or
may be amended, unless identified below.
B. Fencing: Privacy fences on single family residential lots shall be located ten (10) feet
behind the front elevation of the main building and shall not exceed eight(8)feet in height
above grade. All fencing located on single family residential lots adjacent to open space,
parks, or floodplain shall consist of ornamental metal (wrought iron or decorative tubular
steel). All wood fencing shall consist of cedar, board on board with a top rail, and comply
with the Town's fencing standards as they exist or may be amended. A common wood
fence stain color shall be established for the development.
C. All required detention areas shall be developed as an amenity with upgrades
such as landscaping, trees, trails, benches, etc., and constructed as a wet
detention pond (constant water level) with a fountain and/or bubblers. The wet
pond requirement may be waived if in conflict with TCEQ regulations, other
applicable City/Town downstream water rights and/or other applicable regulatory
requirements. Underground detention may be utilized within nonresidential
components of the Planned Development.
D. All homes shall provide an exterior lighting package to illuminate front entrances,
landscaping and/or trees located in the front yard and garages.
K:TRI Ci,it 69311700-Melt-SO Ac Prosper Submittals 2014 Exhibits B-F for Z14 ReN—d 2 d-
Ordinance No. 14-41,Page 8
Exhibit D for Z14-0006
Conceptual Development Plan
Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a
Preliminary Plat, a Conceptual Development Plan shall be submitted, receive a
recommendation from the Planning & Zoning Commission and be approved by the
Prosper Town Council. This Conceptual Development Plan shall only be required for the
general area within which development is to occur. This general area shall be bounded
by thoroughfares, ownership lines, creekways or other physical barriers that define a
geographic boundary that separates the area of interest from other parcels.
Plats and/or site plans submitted for the development of the PD District shall conform to
the data presented and approved on the Conceptual Development Plan. Changes of
detail on these final development plan(s) that differ from the Conceptual Development
Plan may be authorized by the Planning & Zoning Commission, with their approval of the
final development plan(s) and without public hearing, if the proposed changes do not:
1.alter the basic relationship of the proposed development to adjacent property,
2.alter the uses permitted,
3.increase the density,
4.increase the building height,
5.increase the coverage of the site,
6.reduce the off-street parking ratio,
7.reduce the building lines provided at the boundary of the site, or
8.significantly alter any open space plans
If the Director of Development Services or the Planning & Zoning Commission determines that
the proposed changes(s) violates one (1) or more of the above eight (8) criteria, then a public
hearing shall be held to adequately amend the Conceptual Development Plan that is attached to
the PD District's granting ordinance prior to the Planning & Zoning Commission's approval of the
final development plan(s).
Ordinance No. 14-41, Page 9
Exhibit E for Z14-0006
Development Schedule
The development schedule will be influenced by actual market conditions. It is believed the single family
residential development will occur in the next 2 to 3 years and will likely be an extension of the ongoing
residential development to the south. The retail/office development will likely occur once the future
improvements to Frontier Pkwy and the Dallas North Tollway are underway and/or completed.
OWNER: BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEMEXISTING ZONING: NOT ZONED (CITY OF CELINALAND USE: AGRICULTURALOWNER: TOM MOSEYEXISTING ZONING: C-1 (RETAIL)LAND USE: AGRICULTURALLAKES OF PROSPER NORTH PHASE 2EXISTING ZONING: SF-10 (SINGLE FAMILY)LAND USE: RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TREJAX, LPEXISTING ZONING: CC (COMMERCIAL CORRIDOR)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TOWN OF PROSPER
EXISTING ZONING: A (AGRICULTURAL)
LAND USE: SCHOOL
FUTURE LAND USE: MED DENSITY RESIDENTIAL
OWNER: TEXAS REPUBLIC REALTY, LTDEXISTING ZONING: C (COMMERCIAL)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICT
APPROX 2,705' TO CR51APPROX 5,850' TO LEGACYAPPROX 4,025' TOPROSPER TRCALLED 6.034 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL 5772, PG 2404O.P.R.C.C.T.PERMANENTRIGHT-OF-WAYPERMANENTDRAINAGE EASMENTFRONTIER PARKWAYDALLAS PARKWAYTRACT 1EXISTING ZONING: PD-69 (BASE ZONING - R)LAND USE: AGRICULTURALGROSS AREA:1,532,076.52 SF | 35.17 ACNET AREA:1,165,147.71 SF | 26.75 ACCOMMERCIAL COLLECTOR ROAD
622
624
626
628
630
632
620
S89°18'17"W2457.03'N0°45'03"W 1325.54'
S0°09'51"W 1323.33'POBN89°21'20"E2665.09'TRACT 2EXISTING ZONING: PD-69 (BASE ZONING - SF-12.5)LAND USE: AGRICULTURALGROSS AREA:1,983,481.83 | 45.55 ACNET AREA:1,854,383.38 | 42.57 ACN0°52'03"W120.37'N89°10'03"E951.46'N89°26'37"E1515.03'S0°09'56"W70.03'S89°26'34"W29.93'N84°31'47"W100.00'S89°26'34"W1384.64'S86°34'24"W239.17'S89°12'34"W418.71'S44°13'50"W71.48'S0°52'03"E49.48'N89°12'34"E469.21'N86°34'24"E239.17'N89°12'34"E242.79'N89°26'34"E1379.17'S84°31'47"E100.00'N89°26'34"E33.94'N0°09'56"E100.01'DATENo.REVISION BYDATE:SHEETFile No.01/10/2020CHECKED:MAMDRAWN:MAMDESIGN:MAMMETTEN PROSPER
PROSPER, TEXAS 75078
1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572
COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992016-XXXPRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-ACOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:KIMLEY HORNE & ASSOCIATES5750 GENESIS COURT, STE 200FRISCO, TX 75034PH: 972.335.3580METTEN REAL ESTATE, LP4872 NASHWOOD LANEDALLAS, TX 75244 CASE # : Z20-0026CONTACT NAME: MATT MOORECONTACT NAME: FRANK ABBOTABS A0147 COLLIN COUNTY SCHOOL LAND #12SURVEY, SHEET 1, TRACT 35, 74.336 ACRESPROSPER, TX 75078TRACT 1:EXISTING ZONING: PD-69 (BASE -R) (35.17 AC)PROPOSED ZONING: PD-69TRACT 2:EXISTING ZONING: PD-69 (BASE SF-12.5) (45.55 AC)PROPOSED ZONING: PD-69ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: CHRISTIAN METTENSITENVICINITY MAPN.T.S.DALLAS PKWY
FRONTIERW PROSPER TRAILN COLEMANCOOK LN 5051THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FORILLUSTRATION PURPOSES ONLY AND DO NOT SET THE ALIGNMENT. THEALIGNMENT WILL BE DETERMINED AT THE TIME OF FINAL PLATTHOROUGHFARE NOTE
Z20-0026
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
The subject Tract 1 is currently zoned PD-69-Retail and tract 2 is currently zoned PD-69-SF
12.5. The purpose of the planned development is to create retail and office uses which are
consistent with the Town’s Comprehensive Plan for the overall tract. It is intended to utilize the
Town’s base standards and incorporate some additional uses and criteria which will better
position the proposed development due to proximity to the future Tollway.
Z20-0026
EXHIBIT C
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning and Subdivision Ordinances: Except as otherwise set forth
in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or
may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply.
Tract 1 & Tract 2 Retail
A. General Description: The areas identified as Retail will provide the ability to
encourage and to accommodate the development of office and retail service
centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas shall develop under the
standards for the Retail District as contained within the Town of Prosper Zoning
Ordinance, as it exists or may be amended, subject to the specific provisions
contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail
District of the Town of Prosper Zoning Ordinance, the following use shall be
permitted in the retail areas indicated on Exhibit “D”. Uses followed by an S are
only permitted by Specific Use Permit. Uses followed by a C are permitted subject
to the conditional standards in the Town’s Zoning Ordinance:
1. Hotels - C
2. Theater, Regional
3. Research & Development Center - S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max.
FAR for all other buildings shall be 0.4:1.
D. Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings, and Hospitals located
within the retail tract shall be eight (8) stories, not greater than one
hundred (100) feet. All other uses shall be limited to two (2) stories, not
greater than forty (40) feet.
b. Non-residential buildings located within one hundred fifty feet (150') of a
single- family zoned area shall be limited to a maximum height of two (2)
stories.
c. Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas.
These additional setbacks will require one foot (1') of setback, beyond the
aforementioned one hundred fifty feet (150'), for each additional foot of
building height above two (2) stories.
E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot
area be covered by the combined area of the main buildings exceeding 2-stories.
Parking structures and surface parking facilities shall be excluded from the
coverage computations. Lot coverage is limited to forty percent (40%) excluding
parking and parking structures for all structures 2-stories and less.
I. All required detention areas shall be developed as an amenity with upgrades such
as landscaping, trees, trails, benches, etc., and constructed as a wet detention
pond (constant water level) with a fountain and/ or bubblers. The wet pond
requirement may be waived if in conflict with TCEQ regulations, other applicable
City/Town downstream water rights and/ or other applicable regulatory
requirements. Underground detention may be utilized within nonresidential
components of the Planned Development.
Z20-0026
Exhibit D
Conceptual Development Plan
Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a Preliminary
Plat, a Conceptual Development Plan shall be submitted, receive a recommendation from the
Planning & Zoning Commission and be approved by the Town Council. This Conceptual
Development Plan shall only be required for the general area within which development is to
occur. This general area shall be bounded by thoroughfares, ownership lines, creek ways or
other physical barriers that define a geographic boundary that separates the area of interest from
other parcels.
Site Plans and and/or Plats submitted for the development within the PD District shall conform
to the data presented and approved on the Conceptual Development Plan. Changes of detail
on these final development plan(s) that differ from the Conceptual Development Plan may be
authorized by the Planning & Zoning Commission, with their approval of the final development
plan(s) and without public hearing, if the proposed changes do not:
1) alter the basic relationship of the proposed development to adjacent property,
2) alter the uses permitted,
3) increase the density,
4) increase the building height,
5) increase the coverage of the site,
6) reduce the off-street parking ratio,
7) reduce the building lines provided at the boundary of the site, or
8) significantly alter any open space plans
If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or
more of the above eight (8) criteria, then a public hearing must be held to adequately amend the
PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final
development plan(s).
Z20-0026
EXHIBIT E
DEVELOPMENT SCHEDULE
With the impending improvements to Frontier Parkway and the Dallas North Tollway, it is
anticipated that the development schedule will accelerate in the next couple of years. It is
believed the development will occur in the next 2-5 years.
Z20-0026
EXHIBIT C
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning and Subdivision Ordinances: Except as otherwise set forth
in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or
may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply.
Tract 1 & Tract 2 Retail
A. General Description: The areas identified as Retail will provide the ability to
encourage and to accommodate the development of office and retail service
centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas shall develop under the
standards for the Retail District as contained within the Town of Prosper Zoning
Ordinance, as it exists or may be amended, subject to the specific provisions
contained herein below.
B. Permitted Uses: In addition to those permitted uses as allowed per the Retail
District of the Town of Prosper Zoning Ordinance, the following use shall be
permitted in the retail areas indicated on Exhibit “D”. Uses followed by an S are
only permitted by Specific Use Permit. Uses followed by a C are permitted subject
to the conditional standards in the Town’s Zoning Ordinance:
1. Hotels - C
2. Theater, Regional
3. Research & Development Center - S
C. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max.
FAR for all other buildings shall be 0.4:1.
D. Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a. The allowed height for Hotels, Office buildings, and Hospitals located
within the retail tract shall be eight (8) stories, not greater than one
hundred (100) feet. All other uses shall be limited to two (2) stories, not
greater than forty (40) feet.
b. Non-residential buildings located within one hundred fifty feet (150') of a
single- family zoned area shall be limited to a maximum height of two (2)
stories.
c. Non-residential buildings, which exceed two (2) stories in height, shall be
required to have additional setbacks from single-family zoned areas.
REDLINED
These additional setbacks will require one foot (1') of setback, beyond the
aforementioned one hundred fifty feet (150'), for each additional foot of
building height above two (2) stories.
E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot
area be covered by the combined area of the main buildings exceeding 2-stories.
Parking structures and surface parking facilities shall be excluded from the
coverage computations. Lot coverage is limited to forty percent (40%) excluding
parking and parking structures for all structures 2-stories and less.
I. All required detention areas shall be developed as an amenity with upgrades such
as landscaping, trees, trails, benches, etc., and constructed as a wet detention
pond (constant water level) with a fountain and/ or bubblers. The wet pond
requirement may be waived if in conflict with TCEQ regulations, other applicable
City/Town downstream water rights and/ or other applicable regulatory
requirements. Underground detention may be utilized within nonresidential
components of the Planned Development.
Tract 2 Single Family Residential
A. The property shall be developed in accordance with the Single Family-12.5
District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it
exists or may be amended, unless identified below.
B. Single Family Lots within 300’ of the perimeter of Tract 2 may be developed
in accordance to Single Family-10 District as long as the overall residential
density does not exceed 2.5 units per acre.
C. Fencing: Privacy fences on single family residential lots shall be located ten (10)
feet behind the front elevation of the main building and shall not exceed eight (8)
feet in height above grade. All fencing located on single family residential lots
adjacent to open space, parks, or floodplain shall consist of ornamental metal
(wrought iron or decorative tubular steel). All wood fencing shall consist of cedar,
board on board with a top rail, and comply with the Town's fencing standards as
they exist or may be amended. A common wood fence stain color shall be
established for the development.
D. All required detention areas shall be developed as an amenity with
upgrades such as landscaping, trees, trails, benches, etc., and/or as a wet
detention pond (constant water level) with a fountain.
E. All homes shall provide an exterior lighting package to illuminate front
entrances, landscaping and trees located in the front yard and garages.
Page 1 of 3
To: Planning & Zoning Commission Item No. 9
From: Scott Ingalls, AICP, Senior Planner
Through: Alex Glushko, AICP, Planning Manager
Re: Planning & Zoning Commission Meeting – February 16, 2021
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend Subdistrict 4 of
Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single family
development standards, and to allow for retail uses in the residential neighborhood district of the
Gates of Prosper, located on the northwest corner of Preston road and Lovers Lane. (Z21-
0001).
Description of Agenda Item:
The purpose of the request is to amend a portion Subdistrict 4 PD-67 for the Gates of Prosper,
regarding the residential neighborhood subdistrict, located on the northwest corner of Preston
Road and Lovers Lane. This request has two main components, amendments to the residential
development standards, and allowances for retail uses in the residential neighborhood
subdistrict. Detail of each are as follows.
Residential Development Standards – The current PD requires development of residential in
accordance with the Single Family-10 (SF-10) District. The applicant is proposing to allow for
two (2) lot types, Type A and Type B, in accordance with the standards in Star Trail, Planned
Development-66 (PD-66). A comparison of the existing and proposed lot types and standards is
shown below:
Current SF-10 Proposed Lot Type A Proposed Lot Type B
Min. permitted lot sizes 10,000 sq. ft. 8,640 sq. ft. 9,990 sq. ft.
Min. Front Yard 25 ft. 25 ft. 25 ft.
Min. Side Yard
Corner Lot
8 ft.
15 ft.
7 ft.
15 ft.
7 ft.
15 ft.
Min. Rear Yard 25 ft. 25 ft. 25 ft.
Max. building Height 40 ft. 40 ft. 40 ft.
Max. Lot Coverage 45% 50% 50%
Min. Lot Width 80 ft. 64 ft. 74 ft.
Min. Lot Depth 125 ft. 125 ft. 125 ft.
Min. Dwelling Area 2,100 sq. ft.
2,300 sq. ft. single story
2,650 sq. ft. two story
2,500 sq. ft. single story
3,000 sq. ft. two story
Max. Number of Lots 200 200
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
Staff has requested the applicant incorporate a provision requiring a minimum of 40% of the lots
provided to be Type B lots. The applicant has requested to exclude this recommended
provision.
Architectural Regulations - The current PD-67 does not include single family residential
architectural development standards and defers to the Zoning Ordinance. The proposed
amendment would incorporate the architectural development standards of Star Trail, PD-66,
which includes addition regulations for roofing, garages, fencing, and landscaping.
Retail Uses - The current PD does not permit retail uses in the residential neighborhood
subdistrict. The proposed amendment would allow approximately 5.5± acres located at the
northwest corner of Preston Road and Lovers Lane to develop for retail uses. The proposed
amendment would require development standards for retail development to be in accordance
with Subdistrict 1, i.e. to have the same architectural requirements as Gates of Prosper, Phases
1 and 2, as currently constructed. In addition, the proposed amendment limits the permitted
retail uses, as identified on pages 13-15 of Attachment 2. Due to the limited area, land uses
that require larger sites such as automotive related, major hardware and building supply, and
outdoor nursery are not permitted.
The 5.5± acres on the northwest corner of Preston Road and Lovers Lane are physically
separated from the remaining portion of the single-family neighborhood by a wooded, drainage
channel that drains water southwestward from Preston Road. The applicant wishes to preserve
the existing wooded area and maintain the drainage channel. This area would be difficult to
develop for single-family due to its limited area and location adjacent to Preston Road and
Lovers Lane.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. To date, staff has
not received any responses to this request.
Attached Documents:
1. Aerial and Zoning Maps
2. Current and Proposed Standards
3. Current and Proposed Exhibit D
Staff Recommendation:
Staff recommends the Planning & Zoning Commission approve the request to amend
Subdistrict 4 of Planned Development-67 (PD-67), on 71.5± acres, generally to rezone 5.5±
acres from Single Family Residential to Retail and to modify the single family development
standards for the Gates of Prosper, located on the northwest corner of Preston Road and
Lovers Lane, subject to the following:
1. A minimum of 40% of the lots provided are Type B Lots.
Page 3 of 3
Town Council Public Hearing:
Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item
will be scheduled for the Town Council at their Regular meeting on March 9, 2021.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
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W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
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FM 1385W UNIVERSITY DR
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PARVIN RD
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W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFIRST ST
PRESTON RDLOVERS LN
SECOND ST
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RWILLOWVIEW DRABBEY LNMOSS GLEN DRS COLEMAN STHAWTHORN DRCHURCH STWILLOW
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S-3
PD-2
PD-67
PD-67
PD-67
PD-67
PD-67
PD-7
PD-93
PD-17
PD-80
PD-3
PD-2
PD-2
PD-3
PD-17
PD-93PD-81
PD-100
PD-17
M
M SF-10
R/C/O
SF-10
R/C/O
C
SF-15
SF-15
SF-15
R
DTCSF-15
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DTO
C
CC
DTSF
DTO
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DTR
DTO
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COR
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Z21-0001 - Gates of Prosper
This map is for illustration purposes only.
5.0 subdistrict 4—RESIDENTIAL NEIGHBORHOOD
5.1 GENERAL PURPOSE AND DESCRIPTION
The Residential Neighborhood Subdistrict will serve the purpose of providing a planned
residential community to serve the needs of the Town by facilitating a range of housing
opportunities. The development standards included in this Subdistrict are generally consistent
with the Single-Family-10, zoning district in the existing Town of Prosper Zoning Ordinance. By
providing additional housing opportunities in close proximity to the services included in the other
Subdistricts as well as varied transit opportunities will allow for an overall development that will
be more self-sufficient and ultimately more sustainable.
5.2 SITE CRITERIA
5.2.1 Property Development Regulations. The proposed housing types shall conform to the
property development regulations in Tables 5-1 and 5-2.
Table 5-1. Size of Yards
Housing Type
Minimum
Front
Minimum
Side
Minimum
Corner Minimum Rear
Single-Family 25 ft. 8 ft. 15 ft. 25 ft.
Table 5-2. Size of Lots and Lot Coverage
Building Type
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot
Depth
Maximum
Lot
Coverage
Maximum
Density
Single-Family 10,000 sq.
ft. 80 ft.(1) 125 ft. 50% 200 lots
Notes
1. The minimum lot width is defined as the minimum width as measured along the platted
building setback line.
5.2.2 Minimum Dwelling Area. The minimum dwelling area for standard residential uses
shall be as follows:
a. Single-Family. The minimum dwelling area shall be 2,100 square feet.
5.2.3 Parking. Refer to Section 6.3 of this Ordinance for the general requirements pertaining
to parking standards.
5.2.4 Private Street Development. Restricted access or gated entrances may be permitted as
means of establishing a private street development or
gated community within Subdistrict 4 via a specific use
permit.
5.2.5 Garage Entry. Garages with ‘L’ or ‘J’ hook driveway
entrances shall be permitted in Subdistrict 4.
Ordinance No. 18-55, Page 40
CURRENT DEVELOPMENT STANDARDS
TO BE REPLACED ENTIRELY
5.3 PERMITTED USES
The permitted uses within Subdistrict 4 shall be in accordance with the Permitted Use Matrix in
Section 6.6 of this Ordinance.
5.4 CONCEPTUAL ELEVATIONS
The following elevations shall be representative of the architectural style, color and material
selections depicted therein.
Ordinance No. 18-55, Page 41
CURRENT DEVELOPMENT STANDARDS
TO BE REPLACED ENTIRELY
Ordinance No. 18-55, Page 42
CURRENT DEVELOPMENT STANDARDS
TO BE REPLACED ENTIRELY
5.0 SUBDISTRICT 4-RESIDENTIAL NEIGHBORHOOD
5.1 GENERAL PURPOSE AND DESCRIPTION
The Residential Neighborhood Subdistrict will serve the primary purpose of providing a
planned residential community to serve the needs of the Town by facilitating a range of
detached single-family housing opportunities. In addition, a small commercial tract will
provide additional limited retail and commercial uses along Preston Road. 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
(as it currently exists or may be amended) and Subdivision Ordinance (as it currently
exists or may be amended) shall apply.
5.2 SINGLE FAMILY RESIDENTIAL TRACT
5.2.1 Property Development Regulations: This property may develop, under the standards
for SF-10 as contained in the Town’s Zoning Ordinance as it exists or may be amended,
as front entry lot product subject to the specific provisions contained herein below. There
will be no alley-served lots within the property.
5.2.2 Density: The maximum number of single family detached dwelling units for this PD is
200. This equates to an overall gross density of 2.82 units per acre.
5.2.3 Lot Types: The single family detached lots developed within the Properties shall be in
accordance with the following Lot Types:
Type A Lots: Minimum 8,640 square foot lots
Type B Lots: Minimum 9,990 square foot lots
5.2.4 Area and building regulations:
1. Type A Lots: The area and building standards for Type A Lots are as
follows and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type A Lots shall be
eight thousand six hundred forty (8640) square feet. A typical lot will
be 64’ x 135’ but may vary provided that the requirements in Table 1
are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type A Lots shall be
sixty four (64) feet, as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of fifty four (54) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Front Yard Setback: The minimum front yard setback
for Type A Lots shall be twenty-five (25) feet.
(2) Minimum Side Yard Setback: The minimum side yard setback
for Type A Lots shall be seven (7) feet. For corner lots adjoining
a street, the minimum side yard setback shall be fifteen (15) feet
on the side adjacent the street.
PROPOSED DEVELOPMENT STANDARDS
(3) Minimum Rear Yard Setback: The minimum rear yard setback
shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and porches
may encroach into required front and rear yards up to five (5) feet.
Swing-in garages may encroach into required front yards up to ten
(10) feet provided that the wall of the garage facing the street
contains a glass pane window with a minimum size of three (3)
feet by five (5) feet and the height of the garage does not exceed
one (1) story. Front facing garages are permitted to extend to the
front façade of the main structure but may not encroach into the
required front yard.
(d) Minimum Floor Space. Each one-story dwelling constructed on a
Type A Lot shall contain a minimum of two thousand, three hundred
(2300) square feet of floor space; two story dwellings shall be a
minimum of two thousand six hundred fifty (2650) square feet. Floor
space shall include air-conditioned floor areas, exclusive of porches,
garages, patios, terraces or breezeways attached to the main dwelling
(e) Height. The maximum height for structures on Type A Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type A Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services.
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementitious fiber board is
considered masonry but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementitious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementitious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementitious fiber board or any other siding material will be allowed
on any front elevation nor on any side/rear elevation which is visible
from an adjacent community street, common area, open space, park
or perimeter.
(h) Windows. All window framing shall be bronzed, black, cream, sand
or white anodized aluminum, vinyl or wood.
(i) Roofing. Structures constructed on the Type A Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
PROPOSED DEVELOPMENT STANDARDS
The color of any composition roof must appear to be weathered wood
shingles, black or slate.
Composition roof shingles must be laminated and have a minimum
warranty of 30 years.
The main roof pitch of any structure shall have a minimum slope of 8”
in 12” except for clay tile and cement/concrete tile roofs which shall
have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no more
than three (3). No carports shall be permitted.
(2) Homes with three (3) garages shall not have more than two (2)
garage doors facing the street.
(3) No standard, traditional steel garage doors, painted or stained, will
be allowed.
(4) Doors must be constructed of a material that gives the appearance
of a real wood door when viewed from any community street.
Materials may consist of paint or stain grade wood (Cedar, Ash,
Hemlock, etc.) or other material, including fiberglass or steel, that
when stained or painted gives the appearance of a real wood door.
(5) Doors may be single or double wide doors.
(6) Additionally, two of the following upgrades must be incorporated:
(a) If single doors, doors must be separated by a masonry column.
(b) Garage doors may be “carriage style door” designs giving the
appearance of a classic swing-open design with the flexibility
of an overhead door operation.
(c) Doors may incorporate decorative hardware.
(d) Doors may incorporate windows.
(k) Plate Height. Each structure on a Type A Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type A Lots shall be
constructed to meet the following guidelines.
(1) All Type A Lots backing or siding to land designated by plat as
public park or public hike and bike trail shall have a decorative
metal fence, minimum 6 foot in height, abutting said public area.
(2) All other Type A lot fencing shall be constructed of masonry,
decorative metal or cedar. All cedar fencing will be board on board
with a top rail and shall be supported with galvanized steel posts,
PROPOSED DEVELOPMENT STANDARDS
8-foot OC minimum. A common fence stain color as well as fence
detail shall be established for the community by the developer.
(3) Solid masonry fencing shall only be allowed on lots adjacent to or
abutting HOA-owned common area lots.
(4) Type A corner lots adjacent to a street shall be constructed of
either decorative metal or cedar board-on-board along the side
yard adjoining the street with masonry columns, per developer
guidelines, placed at 21 feet OC.
(5) No fencing shall extend beyond a point fifteen feet (15’) behind the
front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require two additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass and
irrigated by an automated underground irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, or guest house, will not be allowed.
2. Type B Lots: The area and building standards for Type B Lots are as follows
and as set forth in Table 1:
(a) Minimum Lot Size. The minimum lot size for Type B Lots shall be
nine thousand nine hundred ninety (9990) square feet. A typical lot
will be 74’ x 135’ but may vary provided that the requirements in Table
1 are accommodated.
(b) Minimum Lot Width. The minimum lot width for Type B Lots shall be
seventy-four (74) feet as measured at the front setback, except for lots
located at the terminus of a cul-de-sac, curve or eyebrow which may
have a minimum width of sixty-four (64) feet at the front setback
provided all other requirements of this section are met.
(c) Minimum Yard Setbacks.
(1) Minimum Front Yard Setback: The minimum front yard setback
for Type B Lots shall be twenty-five (25) feet.
(2) Minimum Side Yard Setback: The minimum side yard setback
for Type B Lots shall be seven (7) feet. For corner lots adjoining
a street, the minimum side yard setback shall be fifteen (15) feet
on the side adjacent the street.
(3) Minimum Rear Yard Setback: The minimum rear yard setback
shall be twenty-five (25) feet.
(4) Permitted Encroachment. Architectural features and porches
may encroach into required front and rear yards up to five (5) feet.
PROPOSED DEVELOPMENT STANDARDS
Swing-in garages may encroach into required front yards up to ten
(10) feet provided that the wall of the garage facing the street
contains a glass pane window with a minimum size of three (3)
feet by five (5) feet and the height of the garage does not exceed
one (1) story. Front facing garages are permitted to extend to the
front façade of the main structure but may not encroach into the
required front yard.
(d) Minimum Floor Space. Each single-story dwelling constructed on a
Type B Lot shall contain a minimum of two thousand five hundred
(2500) square feet of floor space; two story dwellings shall contain a
minimum of three thousand (3000) square feet of floor space. Floor
space shall include air-conditioned floor areas, exclusive of porches,
garages, patios, terraces or breezeways attached to the main
dwelling.
(e) Height. The maximum height for structures on Type B Lots shall be
forty (40) feet.
(f) Driveways. Driveways fronting on a street on Type B Lots shall be
constructed of any of the following materials: colored concrete, brick
pavers, stone, interlocking pavers, stamped concrete, salt finish
concrete, concrete with stone or brick border OR any other treatment
as approved by the Director of Development Services
No broom finish concrete driveways will be allowed.
(g) Exterior Surfaces. The exterior facades of a main building or
structure, excluding glass windows and doors, shall be constructed of
one hundred (100) percent masonry. Cementitious fiber board is
considered masonry but may only constitute thirty (30) percent of the
area for stories other than the first story. However, cementitious fiber
board may not be used as a façade cladding material for portions of
upper stories that are in the same vertical plane as the first story.
Cementitious fiber board may also be used for architectural features,
including window box-outs, bay windows, roof dormers, garage door
headers, columns, chimneys not part of an exterior wall, or other
architectural features approved by the Building Official.
No cementitious fiber board or any other siding material will be allowed
on any front elevation nor on any side/rear elevation which is visible
from an adjacent community street, common area, open space, park
or perimeter.
(h) Windows. All window framing shall be bronzed, black, cream, sand
or white anodized aluminum, vinyl or wood.
(i) Roofing. Structures constructed on the Type B Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
The color of any composition roof must appear to be weathered wood
shingles, black or slate.
PROPOSED DEVELOPMENT STANDARDS
Composition roof shingles must be laminated and have a minimum
warranty of 30 years.
The main roof pitch of any structure shall have a minimum slope of 8”
in 12” except for clay tile and cement/concrete tile roofs which shall
have a minimum slope of 3” in 12”. Pitch ends shall be 100% guttered.
(j) Garages.
(1) Homes shall have a minimum of two (2) car garages but no more
than four (4). No carports shall be permitted.
(2) Homes with three (3) car garages shall not have more than two (2)
garage doors facing the street.
(3) No standard, traditional steel garage doors, painted or stained, will
be allowed.
(4) Doors must be constructed of a material that gives the appearance
of a real wood door when viewed from any community street.
Materials may consist of paint or stain grade wood (Cedar, Ash,
Hemlock, etc.) or other material, including fiberglass or steel, that
when stained or painted gives the appearance of a real wood door.
(5) Doors may be single or double wide doors.
(6) Additionally, two of the following upgrades must be incorporated:
a. If single doors, doors must be separated by a masonry
column.
b. Garage doors may be “carriage style door” designs giving the
appearance of a classic swing-open design with the flexibility
of an overhead door operation.
c. Doors may incorporate decorative hardware.
d. Doors may incorporate windows.
(k) Plate Height. Each structure on a Type B Lot shall have a minimum
principal plate height of 9’ on the first floor.
(l) Fencing. Fences, walls and/or hedges on Type B lots shall be
constructed to meet the following guidelines.
(1) All Type B Lots backing or siding to land designated by plat as a
public park or public hike and bike trail shall have a decorative
metal fence, minimum 6 foot in height, abutting said public area.
(2) All other fencing shall be constructed of masonry, decorative metal
or cedar. All cedar fencing will be board on board with a top rail,
and shall be supported with galvanized steel posts, 8-foot OC
minimum. A common fence stain color as well as fence detail shall
be established for the community by the developer.
PROPOSED DEVELOPMENT STANDARDS
(3) Solid masonry fencing shall only be allowed on lots adjacent to or
abutting HOA-owned common area lots.
(4) Type B corner lots adjacent to a street shall be constructed of
either decorative metal or cedar board-on-board along the side
yard adjoining the street with masonry columns, per Developer
guidelines, placed at 21 feet OC.
(5) No fencing shall extend beyond a point fifteen feet (15’) behind the
front wall plane of the structure into the front yard.
(m) Landscaping.
(1) Corner lots adjacent to a street require two additional trees be
planted in the side yard @ 30 feet OC.
(2) The front, side and rear yard must be fully sodded with grass and
irrigated by an automated underground irrigation system.
(n) Accessory Structures. Accessory structures used as a garage, a
garage apartment, a storage building or guest house, will not be
allowed.
PROPOSED DEVELOPMENT STANDARDS
TABLE 1
Lot Type A Lot Type B
Min. permitted lot sizes 8,640 sq. ft. 9,990 sq. ft.
Min. Front Yard 25 ft. 25 ft.
Min. Side Yard
Corner Lot
7 ft.
15 ft.
7 ft.
15 ft.
Min. Rear Yard 25 ft. 25 ft.
Max. building
Height
40 ft. 40 ft.
Max. Lot Coverage 50% 50%
Min. Lot Width 64 ft. 74 ft.
Min. Lot Depth 125 ft. 125 ft.
Min. Dwelling Area 2,300 sq. ft. single story
2,650 sq. ft. two story
2,500 sq. ft. single story
3,000 sq. ft. two story
PROPOSED DEVELOPMENT STANDARDS
5.3 COMMERCIAL TRACT
5.3.1 PROPERTY DEVELOPMENT REGULATIONS: The approximately 5.5 acre
Commercial Tract of this subdistrict shall develop in conformance to the property
development regulations established within this planned development ordinance for
Subdistrict 1 except as indicated below.
5.4 PERMITTED USES
5.4.1 General. The following conditions apply to Subdistrict 4.
a. Big Boxes are not permitted within Subdistrict 4.
5.4.2 Permitted Use Matrix. The permitted uses within Subdistrict 4 shall be in accordance
with the Permitted Use Matrix in Section 6.7 of this Ordinance.
PROPOSED DEVELOPMENT STANDARDS
TRANSPORTATION, UTILITY SUBDISTRICT
AND COMMUNICATIONS USES (continued) 1 2 3 4
Landfill
Office and Storage Area for Public/Private Utility
Private Utility, Other Than Listed
Radio and Television Studios and Broadcasting Facilities
School District Bus Yard 6 6 6
Sewage Treatment Plant/Pumping Station S S S S
Telephone Exchange S
Transit Center S S
Utility Distribution/Transmission Facility S S S S
Water Treatment Plant S S S S
SUBDISTRICT
OFFICE AND PROFESSIONAL USES 1 2 3 4
Administrative, Medical, or Professional Office
Corporate Campus
Governmental Office
Insurance Office
Multi-Tenant Office Building
Research and Development Center –see conditions in Town Zoning
Ord. S S S
SUBDISTRICT
RETAIL USES 1 2 3 4
Antique Shop and Used Furniture
Alcohol Sales (Must comply with all the conditional standards in the
zoning ordinance as it exists, or may be amended.)
Building Material and Hardware Sales, Major S
Building Material and Hardware Sales, Minor
Convenience Store with Gas Pumps 10 10 10
Convenience Store without Gas Pumps
Equipment and Machinery Sales and Rental, Major
Equipment and Machinery Sales and Rental, Minor
Farmer's Market S S S
Feed Store
Flea Market, Inside
Flea Market, Outside
Furniture, Home Furnishings and Appliance Store
Gas Pump as Accessory Use 13 13
Nursery, Major S S
Nursery, Minor
Pawn Shop
Retail Stores and Shops
Ordinance No. 18-55, Page 51
18
18
18
18
18, S
18
18
18
18
18, S
18
18
18
PROPOSED USE CHART
SUBDISTRICT
SERVICE USES 1 2 3 4
Artisan's Workshop
Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop
Bed and Breakfast Inn S
Body Art Studio
Business Service
Cabinet/Upholstery Shop
Campground or Recreational Vehicle Park
Catering Establishments
Commercial Amusement, Indoor
Commercial Amusement, Outdoor S S S
Computer Sales and Repairs
Contractor's Shop and/or Storage Yard
Dance Hall S S
Day Care Center, Adult S S S
Day Care Center, Child 7 7 7 7
Day Care Center, In-Home 8 8 8
Day Care Center, Incidental S S S S
Dinner Theater
Dry Cleaning, Minor
Fairgrounds/Exhibition Area S S
Fortune Teller/Psychic
Furniture Restoration S
Golf Course and/or Country Club S S S
Gunsmith
Gymnastics/Dance Studio
Health/Fitness Center
Hotel – see conditions in Town Zoning Ord., 17
Household Appliance Service and Repair
Indoor Gun Range 9 9 9
Landscaping Service
Laundromat
Locksmith/Security System Company
Massage Therapy, Licensed
Massage Therapy, Unlicensed
Medical and Health Care Facilities/Clinics
Messenger/Courier and Telegraph Services
Mortuary/Funeral Parlor S S S
Motel
Pest Control/Exterminating Shops
Pet Day Care – see conditions in Town Zoning Ord.
Print Shop, Minor
Ordinance No. 18-55, Page 52
18
18
18
18
18
18
18
18
18
18
18
18
PROPOSED USE CHART
SUBDISTRICT
SERVICE USES (continued) 1 2 3 4
Private Club S S S
Residence Hotel – See conditions in Town Zoning Ord.
Restaurant or Cafeteria
Restaurant, Drive Through 16 16 16
Sexually Oriented Uses
Small Engine Repair Shop
Stable, Commercial
Taxidermist
Theater, Drive In
Theater, Neighborhood
Theater, Regional
Trailer Rental
Veterinarian Clinic and/or Kennel, Indoor
Veterinarian Clinic and/or Kennel, Outdoor
SUBDISTRICT
AUTOMOBILE AND RELATED USES 1 2 3 4
Auto Parts Sales, Inside
Auto Parts Sales, Outside
Automobile Parking Lot/Garage
Automobile Paid Parking Lot/Garage
Automobile Repair, Minor
Automobile Sales / Leasing, New 11 11 11
Automobile Sales, Used
Automobile Storage
Car Wash S S
Car Wash, Self-Serve
Motorcycle Sales/Service S S S
Recreational Vehicle/Truck Parking Lot or Garage
Recreational Vehicle Sales and Service, New/Used 9 9 9
Salvage Yard
Truck/Bus Repair
Truck Sales, Heavy Trucks
Truck Terminal
SUBDISTRICT
WHOLESALE USES 1 2 3 4
Apparel Distribution Center 15
Bottling Works 15
Clothing, Footwear and Textile Center 15
Food Product Distribution Center 15
Mini-Warehouse/Public Storage S
Office/Showroom 15
Ordinance No. 18-55, Page 53
18
18
18
PROPOSED USE CHART
1. For the purposes of this section, a residential lot means a lot on
which a residential use is located, a lot zoned residential, or a lot
designated as residential on the Future Land Use Plan.
2. Accessory gas pumps do not have to meet the spacing requirement if:
i. A major thoroughfare separates the accessory gas pumps
from the residential lot; or
ii. The Future Land Use Plan designates a lot as residential, but
Town Council subsequently rezones the property to a
nonresidential zoning district and no residential use is
located on the lot.
d. Canopies shall have pitched roofs.
e. Canopy support columns shall be fully encased with masonry materials that
are complementary to that used on the main building.
f. The canopy band face shall be of a color consistent with the main structure or
an accent color and may not be backlit or used as signage.
14. Requires a S.U.P. if located within 250 feet of single family detached zoning.
15. Uses only allowed west of railroad.
16. Limited to 3 locations on the east side of Preston and 3 locations on the west side of
Preston and no more than 2 adjacent to each other. Additional drive-through
restaurants are permitted subject to approval of a Specific Use Permit (SUP).
17. Subject to conditions in Town Zoning Ord., except as follows:
a. Hotels in Subdistrict 1, as shown on Exhibit D, shall have a maximum height
of eighty feet (80’).
This space intentionally left blank}
Ordinance No. 18-55, Page 58
18. Use is permitted only within the Commercial tract of this subdistrict in
addition to any other conditions indicated.
PROPOSED USE CHART
Or
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CURRENT EXHIBIT D
Proposed Commercial AreaUpdated Residential LayoutPROPOSED EXHIBIT D
Page 1 of 4
]
Prosper is a place where everyone matters.
Notice Regarding Public Participation
Governor Greg Abbott has granted a temporary suspension of certain rules to allow for telephone
or videoconference public meetings in an effort to reduce in-person meetings that assemble large
groups of people, due to the COVID-19 public health emergency.
Individuals may attend the Prosper Town Council meeting in person, or access the meeting via
videoconference, or telephone conference call.
Join the Zoom Meeting by clicking on the following link:
https://us02web.zoom.us/j/87189889684
Enter Meeting ID: 87189889684
To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.”
The meeting moderator will acknowledge your request and allow you to speak.
To join the meeting by phone, dial (346) 248-7799
Enter Meeting ID: 87189889684
To request to speak, enter *9, and *6 to mute/unmute yourself. The meeting moderator will
acknowledge your request and allow you to speak. When addressing the Council, please state
your name and address before beginning your comments. Please limit your comments to three
minutes.
If you encounter any problems joining or participating in the meeting, please call our help
line at 972-569-1191 for assistance.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation of a Proclamation to the family of former Councilmember Ane Casady in
honor of her service to the Town of Prosper. (RB)
Discussion Items.
2. SmartSheet Demonstration (LH)
RESULTS
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, February 09, 2021
5:45 PM
Page 2 of 4
CONSENT AGENDA: All Consent Agenda Items Approved, 7-0
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
3. Consider and act upon the minutes from the January 26, 2021, Town Council
meeting. (ML)
4. Consider and act upon an ordinance ordering a General Election to be held on May 1,
2021, and authorizing the Town Manager to execute contracts with the Collin County
Election Administration, the Denton County Election Administration, and the Prosper
Independent School District for joint election services. (ML)
5. Consider and act upon a resolution designating The Prosper Press as the official
newspaper of the Town of Prosper, and The Dallas Morning News and The Frisco
Enterprise as alternative advertising sources, for Fiscal Year 2020-2021. (ML)
6. Receive the December Financial Report. (BP)
7. Receive the Quarterly Investment Report. (BP)
8. Consider and act upon an ordinance of the Town of Prosper, Texas amending Chapter
13, “Utilities,” Section 13.07.009(a), Penalties or Disconnections During Coronavirus
Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief
Fund” establishing an effective date to reinstate late payment fees or penalties and
disconnection of services for non-payment of utility customer accounts. (BP)
9. Consider and act upon approving the purchase of a Multi Pro 5800 chemical spray
unit from Professional Turf Products, through the Texas Local Government Purchasing
Cooperative; and authorizing the Town Manager to execute documents for the same.
(DR)
10. Consider and act upon authorizing the Town Manager to execute the First Amendment
to the Wastewater Impact Fees Reimbursement Agreement between VP WINDSONG
OPERATIONS LLC, and VP WINDSONG INVESTMENTS LLC, both as successors-
in-interest to TVG Texas I, LLC, and the Town of Prosper, Texas, related to the
extension of wastewater lines to serve the Windsong Ranch development. (HW)
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, or request to address
the Council via videoconference or telephone.
REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened.
For individuals wishing to speak on a non-public hearing item, they may either address the
Council during the Citizen Comments portion of the meeting or when the item is considered by
the Town Council.
Page 3 of 4
Items for Individual Consideration:
11. Conduct a Public Hearing, and consider and act upon a request to amend Subdistrict
2 of Planned Development-67 (PD-67), on 217.8± acres, generally to modify the
multifamily development standards for the Gates of Prosper, located on the southwest
corner of Coleman Street and Lovers Lane. (Z20-0022). (AG) Approved, 7-0
12. Consider and act to authorize the Town Manager to execute a Development
Agreement between Founders Classical Academy of Prosper and the Town of
Prosper, Texas, related to the Founders Classic Academy Charter School
development on the southwest corner of First Street and Custer Road. (AG) Tabled
to the February 23rd meeting
13. Consider and act upon authorizing the Town Manager to execute the First Amendment
to the Development Agreement between Cook Children’s Health Care System and the
Town of Prosper, Texas, related to the Cook Children’s Medical Center. (AG)
Approved, 7-0
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives.
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.
Section 551.074 - To discuss and consider personnel matters and all matters
incident and related thereto.
Section 551.074 - To discuss and review the Town Manager's performance
evaluation.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
14. Discussion on honoring former Councilmembers. (RB)
15. Discussion on Future Budget Amendment:
Public Safety and Veterans Honor Wall
Communications Manager Position (HJ)
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday,
February 5, 2021, and remained so posted at least 72 hours before said meeting was convened.
Page 4 of 4
_______________________________ _________________________
Melissa Lee, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
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.