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03.02.21 PZ Packet
Page 1 of 3 ] 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/81847978852 Enter Meeting ID: 818 4797 8852 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: 818 4797 8852 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, March 2, 2021, 6:00 p.m. Prosper is a place where everyone matters. 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 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, generally located east of FM 1385, north of Fishtrap Road. The property is zoned Agricultural (A). (D21-0003). 3d. Consider and act upon a Conveyance Plat for La Cima Crossing, Block B, Lots 2R & 3R, on 14.3± acres, located on the northwest corner of Richland Boulevard and La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D21-0001). 3e. Consider and act upon a Site Plan for a Utility Distribution/Transmission Facility (Oncor Prosper Substation), on 9.5± acres, located on the north side of Richland Boulevard, west of La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D21- 0004). 3f. Consider and act upon a Final Plat for La Cima Crossing, Block B, Lot 3R, on 9.5± acres, located north side of Richland Boulevard, west of La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D21-0005). 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 meetin g 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 rezone 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. (Z201-0002). 6. 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). 7. 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). 8. 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). Page 3 of 3 9. 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). 10. 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). 11. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 12. Adjourn. 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 26, 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 – March 2, 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 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 – March 2, 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, generally 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 which is a Final Plat lot, 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 March 2, 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, including a drainage and floodplain easement on Lot 5, subject to approval by the Engineering Department. 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. 2001000102550NL E G E N DP.O. BOX 686 · DENTON, TEXAS 76202 PH(940)565-8215, FAX (940)565-9800, WWW.COLEMANSURVEYING.COM REGISTRATION # 10095100 L AND S U R VEYING COLEMAN & A S SO C . Coleman & Assoc. Land Surveying OFD.I.S.D. CLIENT FINAL PLAT/CONVEYANCE PLAT 12-12-20209601031" = 00'TOWN OF PROSPER J. MORTON SY. A-75 MIDDLE SCHOOL #9 ADDITIONLOTS 1-5, BLOCK A DENTON COUNTY, TEXASTown Case # D21-0003A FINAL PLAT OF LOT 1 A CONVEYANCE PLAT OF LOTS 2, 3, 4 AND 5 Z:\2000-2099\17-2096 J MORTON SY A-793 (DISD)PROSPER SCHOOL SITE\CARLSON\2096-SURFACE.dwg, 2/25/2021 11:49:36 AM 2001000102550NP.O. BOX 686 · DENTON, TEXAS 76202 PH(940)565-8215, FAX (940)565-9800, WWW.COLEMANSURVEYING.COM REGISTRATION # 10095100 L AND S U R VEYING COLEMAN & A S SO C . Coleman & Assoc. Land Surveying OFD.I.S.D. CLIENT FINAL PLAT/CONVEYANCE PLAT 12-12-20209602031" = 00'TOWN OF PROSPER J. MORTON SY. A-75 MIDDLE SCHOOL #9 ADDITIONLOTS 1-5, BLOCK A DENTON COUNTY, TEXASL E G E N DTown Case # D21-0003A FINAL PLAT OF LOT 1 A CONVEYANCE PLAT OF LOTS 2, 3, 4 AND 5 Z:\2000-2099\17-2096 J MORTON SY A-793 (DISD)PROSPER SCHOOL SITE\CARLSON\2096-SURFACE.dwg, 2/25/2021 11:50:14 AM THIS DOCUMENTIS RELEASED FOR THE PURPOSEOF INTERIM REVIEW UNDER THEAUTHORITY OF WILLIAM M. COLEMAN,RPLS 4001DURING OCTOBER 2013. IT ISNOT TO BE USED FOR RECORDING,CONSTRUCTION, BIDDING, OR PERMITPURPOSES. THIS DOCUMENT IS NOTTO BE RELIED UPON AS ACOMPLETE SURVEY ANDSHALL NOTBE RECORDEDP.O. BOX 686 · DENTON, TEXAS 76202 PH(940)565-8215, FAX (940)565-9800, WWW.COLEMANSURVEYING.COM REGISTRATION # 10095100 L AND S U R VEYING COLEMAN & A S SO C . Coleman & Assoc. Land Surveying OFD.I.S.D. CLIENT FINAL PLAT/CONVEYANCE PLAT 12-12-20209603031" = 00'TON OF PROSPER J. MORTON SY. A-75 MIDDLE SCHOOL #9 ADDITIONLOTS 1-5, BLOCK A DENTON COUNTY, TEXAS “”“”“”“”“”“”Town Case # D21-0003A FINAL PLAT OF LOT 1 A CONVEYANCE PLAT OF LOTS 2, 3, 4 AND 5 Z:\2000-2099\17-2096 J MORTON SY A-793 (DISD)PROSPER SCHOOL SITE\CARLSON\2096-SURFACE.dwg, 2/25/2021 11:50:35 AM Page 1 of 1 To: Planning & Zoning Commission Item No. 3d From: Evelyn Mendez, Planning Technician Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 2021 Agenda Item: Consider and act upon a Conveyance Plat for La Cima Crossing, Block B, Lots 2R & 3R, on 14.3± acres, located on the northwest corner of Richland Boulevard and La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D21-0001). Description of Agenda Item: The purpose of the Conveyance Plat is to subdivide Lot 2 into two (2) lots and dedicate easements necessary for development. The Conveyance Plat conforms to the Planned Development-2 development standards. As companion items, the Site Plan (D21-0004) for the Oncor Prosper Substation, and the Final Plat (D21-0005) for La Cima Crossing, Block B, Lot 3R are on the March 2, 2021 agenda. Attached Documents: 1. Location Map 2. Conveyance Plat Town Staff Recommendation: Town staff recommends approval of the Conveyance Plat, subject to: 1. Town staff approval of all additions and/or alterations to the easements and dedications on the 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 RDUNIVERSITY DR US HIGHWAY 380 LA CIMA BLVD RICHLA N D B L V D AMISTAD DR ECHO DR CEDAR LAKE DRLANCER LN DENTWOOD TRL WHISTLER LN MILLERS CREEK DR MYSTIC WAYHAWTHORN DRDREXEL LNSTRATFORD DR CHAPAL A CTLA CIM A BLV D 0 500250Feet µ D21-0001 - La Cima Crossing, Block B, Lots 2R & 3R This map is for illustration purposes only. E. BR A D L E Y S U R V E Y ABST R A C T N O. 8 6 H. JAM I S O N S U R V E Y ABST R A C T N O. 4 8 0 POINT OF BEGINNING LOT 3R, BLOCK B 9.524 ACRES ∆ ∆ ∆ ∆ RICHLAND BOULEVARD RICHLAN D B O U L E V A R DLA CIMA BOULEVARD LOT 2R, BLOCK B 4.790 ACRES RICHLAN D B O U L E V A R D TEXAS REGISTERED SURVEYING FIRM NO. 10098100 PLOTTED BY: James Gardella ON: Tuesday, February 02, 2021 AT: 11:51 AM FILEPATH: G:\Production4000\005700\5700\032-Prosper Sub\Survey\Drawings\B005700.032 - Prosper Sub- Conveyance Plat.dwg D21-0001CONVEYANCE PLAT OFLA CIMA CROSSING LOTS 2R AND 3R, BLOCK B 14.314 ACRES Situated in Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract No. 480 Town of Prosper Collin County, Texas D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXASP.R.C.C.T. = PLAT RECORDS, COLLIN COUNTY, TEXASO.P.R.C.T.C. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS SITE NOTICE: A CONVEYANCE PLAT IS A RECORD OF PROPERTY APPROVED BY THE TOWN OF PROSPER, TEXAS, FOR THE PURPOSE OF SALE ORCONVEYANCE IN ITS ENTIRETY OR INTEREST THEREON DEFINED. NOBUILDING PERMIT SHALL BE ISSUED NOR PERMANENT PUBLIC UTILITYSERVICE PROVIDED UNTIL A FINAL PLAT IS APPROVED AND PUBLIC IMPROVEMENTS APPROVED IN ACCORDANCE WITH THE PROVISIONS OFTHE SUBDIVISION ORDINANCE OF THE TOWN OF PROSPER. SHEET 1 OF 2 = 5/8" IRON ROD WITH YELLOW CAP STAMPED "DUNAWAY ASSOC.LP" SET UNLESS OTHERWISE NOTED TEXAS REGISTERED SURVEYING FIRM NO. 10098100 PLOTTED BY: James Gardella ON: Tuesday, February 02, 2021 AT: 9:02 AM FILEPATH: G:\Production4000\005700\5700\032-Prosper Sub\Survey\Drawings\B005700.032 - Prosper Sub- Conveyance Plat.dwg Situated in Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract No. 480 Town of Prosper Collin County, Texas D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXASP.R.C.C.T. = PLAT RECORDS, COLLIN COUNTY, TEXASO.P.R.C.T.C. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS SITE NOTICE: A conveyance plat is a record of property approved by the Town of Prosper, Texas, for the purpose of sale or conveyance in its entirety or interest thereon defined. No building permit shall be issued nor permanent public utility service provided until a final plat is approved and public improvements approved in accordance with the provisions of the subdivision ordinance of the Town of Prosper. SURVEYOR'S CERTIFICATE I hereby certify that this map or plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the subdivision regulations of the Town of Prosper, Texas. Hal Mollenkopf date Registered Professional Land Surveyor State of Texas, No. 5439 CERTIFICATE OF APPROVAL Approved this ________ day of _________, 2021 by the PLANNING & ZONING COMMISSION OF TOWN OF PROSPER. ________________________TOWN SECRETARY ________________________TOWN ENGINEER ________________________PLANNING DEPARTMENT STATE OF TEXAS )( COUNTY OF COLLIN )( Before me, the undersigned, a notary public in and for the State of Texas on this day personally appeared Hal Mollenkopf, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated. given under my hand and seal of office this ________ day of _____________, 2021 __________________________________________ notary public in and for the State of Texas SHEET 2 OF 2 Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. OWNER'S CERTIFICATE STATE OF TEXAS )( COUNTY OF COLLIN )( WHEREAS, MUSTANG-MIDWAY PLANO, LTD, IS THE SOLE OWNER OF THE FOLLOWING DESCRIBED PROPERTY TO WIT: PROPERTY DESCRIPTION METES & BOUNDS BEING a 14.314 acre tract of land situated in Edward Bradley Survey, Abstract No. 86, and the Harrison Jamison Survey, Abstract No. 480, Collin County, Texas, and being all of Lot 2, Block B, La Cima Crossing, and addition to the Town of Prosper, recorded in Cabinet 2018, Page 936, Plat Records of Collin County (P.R.C.C.T.), Texas and being a portion of a tract of land described in deed to Mustang-Midway Plano, LTD, recorded in Document Number 96-38753, Official Public Records of Collin County, Texas (O.P.R.C.C.T.), said 14.314 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2-inch iron rod for the northwest corner of said Lot 2 and the northeast corner of a tract of land described in deed to Chris, LLC, recorded in Document No. 20190211000141320, O.P.R.C.C.T., said corner being on the south line of Block B, Willow Ridge Phase Three, and addition to the Town of Prosper, recorded in Cabinet Q, Page 618, P.R.C.C.T., said POINT OF BEGINNING being locatable by NAD83 Grid Coordinate N: 7,131,776.68, E: 2,491,930.53; THENCE North 89 degrees 31 minutes 10 seconds East, with the north line of said Lot 2 and the south line of said Willow Ridge Phase Three, a passing distance of 579.78 feet to a found 1/2-inch iron rod with cap stamped “DAA” for the southeast corner of said Willow Ridge Phase Three and the southwest corner of Tract 2X, Lakes of La Cima Phase Two, an addition to the Town of Prosper, recorded in Cabinet P, Page 959, P.R.C.C.T., continuing for a total distance of 630.05 feet to a found 1/2-inch iron rod with cap stamped “DAA” for the most northerly northeast corner of said Lot 2 and the northwest corner of Lot 1, Block B, La Cima Crossing Addition, an addition to the Town of Prosper, recorded in Cabinet 2020, Page 238, P.R.C.C.T.; THENCE South 05 degrees 24 minutes 34 seconds West, departing the south line of said Tract 2X, with the east line of said Lot 2 and the west line of said Lot 1, a distance of 205.94 feet to a found 1/2-inch iron rod with cap stamped “DAA” for an interior corner of said Lot 2 and the southwest corner of said Lot 1; THENCE North 89 degrees 31 minutes 10 seconds East, with the north line of said Lot 2 and the south line of said Lot 1, a distance of 461.83 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the most easterly northeast corner of said Lot 2 and the southeast corner of said Lot 1, said corner being on the west right-of-way line of La Cima Boulevard (variable width), said corner being on a circular curve to the left, having a radius of 792.50 feet and a chord bearing of South 09 degrees 53 minutes 13 seconds East, a distance of 127.14 feet; THENCE Southeast, along said west right-of-way line and said curve to the left, through a central angle of 09 degrees 12 minutes 06 seconds, an arc distance of 127.28 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for corner, said corner being the northern point of a right-of-way dedication recorded in said Cabinet 2018, Page 936; THENCE South 13 degrees 11 minutes 58 seconds East, continuing along said west right-of-way line, a distance of 109.68 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the beginning of a circular curve to the left, having a radius of 802.50 feet and a chord bearing of South 25 degrees 26 minutes 54 seconds East, a distance of 86.88 feet; THENCE Southeast, along said west right-of-way line and said curve to the left, through a central angle of 06 degrees 12 minutes 21 seconds, an arc distance of 86.92 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the end of said curve; THENCE South 28 degrees 28 minutes 27 seconds East, continuing along said west right-of-way line, a distance of 13.13 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the north end of a corner clip; THENCE South 21 degrees 44 minutes 07 seconds West, continuing along said west right-of-way line, a distance of 37.76 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the south end of said corner clip, said corner being on the north right-of-way line of Richland Boulevard (variable width) as dedicated by plat recorded in Cabinet 2015, Page 200, P.R.C.C.T.; THENCE South 69 degrees 26 minutes 08 seconds West, along said north right-of-way line, a distance of 159.42 feet to a found 1/2-inch iron rod with a cap “UNREADABLE”; THENCE South 70 degrees 42 minutes 30 seconds West, along said north right-of-way line, a distance of 151.43 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the beginning of a circular curve to the right, having a radius of 805.00 feet and a chord bearing of South 85 degrees 45 minutes 02 seconds West, a distance of 153.54 feet; THENCE Southwest, along said north right-of-way line and said curve to the right, through a central angle of 10 degrees 56 minutes 41 seconds, an arc distance of 153.77 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the end of said curve; THENCE South 88 degrees 46 minutes 47 seconds West, along said north right-of-way line, a distance of 137.45 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for corner; THENCE North 88 degrees 45 minutes 52 seconds West, along said north right-of-way line (now 90' right-of-way), recorded in Cabinet 2015, Page 727 and Cabinet 2017, Page 490, P.R.C.C.T., a distance of a distance of 313.19 feet to set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the beginning of a circular curve to the right having a radius of 805.00 feet and a chord bearing of North 79 degrees 53 minutes 29 seconds West, a distance of 248.34 feet; THENCE Northwest continuing along said north right-of-way line and said circular curve to the right, through a central angle of 17 degrees 44 minutes 47 seconds, an arc distance of 249.33 feet to a set 1/2-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the end of said curve and the southwest corner of said Lot 2 and a corner being on the east line of said Chris, LLC tract. THENCE North 00 degrees 47 minutes 50 seconds West, departing said north right-of-way line, with the west line of said Lot 2 and the east line of said Chris, LLC tract, a distance of 617.16 feet to the POINT OF BEGINNING, and containing 623,513 square feet, or 14.314 acres. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That MUSTANGE-MIDWAY PLANO, LTD, a Texas limited partnership, acting herein by and through a duly authorized manager of its general partner, Mustang-Midway Plano, LLC, a Texas limited liability company, does hereby certify and adopt this plat designating the herein above described property as La Cima Crossing, and do hereby dedicate to the public use forever, the streets and alleys shown hereon. the Mustang-Midway Plano, LTD., a Texas limited partnership, does herein certify the following: 1. The street and alleys are dedicated for street and alley purposes. 2. All public improvements and dedications shall be free and clear of all debt, liens, and or encumbrances. 3. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicted on this plat. 4. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements if approved by the Town of Prosper. 5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused by maintenance or repair. 6. Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and Town of Prosper's use thereof. 7. The Town of Prosper and public utilities shall have the right to remove and keep removed all parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in the easements. 8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. 9. All modifications to this document shall be by means of plat and approved by the Town of Prosper, Texas. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas. This plat approved subject to all platting ordinances, rules, regulation of the Town of Prosper, Texas. Witness my hand and seal of office this ________ day of _________, 2021 MUSTANG-MIDWAY, PLANO, LTD.A TEXAS LIMITED PARTNERSHIP BY: MUSTANG-MIDWAY PLANO, GP, LLCA TEXAS LIMITED LIABILITY COMPANYA GENERAL PARTNER By: ________________________________ Name: _____________________________ Title Manager STATE OF TEXAS )( COUNTY OF COLLIN )( This instrument was acknowledged before me on the ______ day of _________, 2021 by _____________________________Manager of Mustang-Midway Plano, LLC a Texas limited liability company, general partner of Mustang-Midway Plano, LTD a Texas limited partnership on behalf of said limited liability company and limited partnership. __________________________________________ notary public in and for the State of Texas NOTES: The basis of bearing for this plat is the Texas Coordinate System of 1983 (NAD83), North Central Zone, based upon GPS measurements, according to the GPS Reference Network. Distances and areas hereon are surface values. A combined scale factor of 0.99984733 was used for this plat. According to graphical plotting of the Flood Insurance Map for Collin County, Texas, and Incorporated Areas, Panel 235 of 600, Map Number 48085C0235 J, map effective date June 2, 2009, the subject property is located in Zone "X" (Unshaded), defined as "areas determined to be outside the 0.2% annual chance floodplain". This statement does not reflect any type of flood study by this firm. No 100-year flood plain exists on this site. Notice: Selling a portion of this addition by metes and bounds is a violation of the town ordinance and state law, and is subject to fines and withholding of utilities and building permits. All property corners are 5/8" iron rod with yellow cap stamped "DUNAWAY ASSOC. LP" unless otherwise noted hereon. ACCESS EASEMENTS: The undersigned covenants and agrees that the access easement(s) may be utilized by any person or the general public for ingress and egress to other real property and for the purpose of general public vehicular and pedestrian use and access, and for the fire department, police and emergency use in, along, upon and across said premises, with the right and privilege at all times of the Town of Prosper, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises via the access easements. FIRE LANE EASEMENT: The undersigned covenants and agrees that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface paved in accordance with town standards and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear on any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking, loading, or unloading of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of pavement in accordance to town standards of the fire land easements is the responsibility of the owner, and the owner shall post and maintain signage in accordance to town standards in conspicuous places along the fire lanes, stating "Fire Lane, No Parking". The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergencyuse. LANDSCAPE EASEMENT The undersigned covenants and agrees that the landscape easement and restrictions herein set forth shall run with the land and be binding on the owner(s) of the property in this subdivision, their successors and assigns, and all parties claiming by, through and under them. In the event a replat is requested on all or part of this property, the Town may require any similar or additional restrictions at its sole discretion. The sole responsibility for maintenance and replacement of landscape materials thereof shall be borne by any 'property owners' association hereafter established for the owners of lots in this subdivision and/or the owners of the individual lots within this subdivision. Such maintenance and replacement shall be in conformance with the requirements, standards, and specifications of the Town of Prosper, as presently in effect or as may be hereafter amended. This provision may be enforced by specific performance or by any other remedy allowed by law. This Landscape Easement shall be void of utilities and other elements unless otherwise approved on the plat. D21-0001CONVEYANCE PLAT OFLA CIMA CROSSING LOTS 2R AND 3R, BLOCK B 14.314 ACRES Page 1 of 1 To: Planning & Zoning Commission Item No. 3e From: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 2021 Agenda Item: Consider and act upon a Site Plan for a Utility Distribution/Transmission Facility (Oncor Prosper Substation), on 9.5± acres, located on the north side of Richland Boulevard, west of La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D21-0004). Description of Agenda Item: A Revised Preliminary Site Plan was approved by the Planning & Zoning Commission at their meeting on January 19, 2021. The Revised Preliminary Site Plan included approval of a solid living screen in lieu of a masonry screening wall along the northern property line, as well as an an eight foot (8’) tall, concrete pre-cast panel screening wall around the actual substation equipment. The solid living screening and wall are included on the Site Plan. The Site Plan complies with the requirements of PD-2. As companion items, the Conveyance Plat (D21-0001) for La Cima Crossing, Block B, Lots 2R & 3R, and the Final Plat (D21-0005) for La Cima Crossing, Block B, lot 3R, are on the March 2, 2021 agenda. Attached Documents: 1. Location Map 2. Site Plan Staff Recommendation: Staff recommends approval of the Site Plan subject to: 1. Staff approval of civil engineering, irrigation plans, open space plans, landscape plans, façade plans, and address plans. 2. Staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Prosper is a place where everyone matters. PLANNING FM 1385W UNIVERSITY DR E FIRST ST PARVIN RD E UNIVERSITY DR FISHTRAP RD N CUSTER RDE PROSPER TRL W FIRST ST W FRONTIER PKWY E FRONTIER PKWY PROSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDGEE RDUNIVERSITY DR US HIGHWAY 380 LA CIMA BLVDRICHLA N D B L V D AMISTAD DR ECHO DR DENTWOOD TRL DREXEL LNHAWTHORN DR WHISTLER LN BUCHANAN DRCHAPAL A CTLA C IMA BLVD 0 750375Feet µ D21-0004 - Oncor Prosper Substation This map is for illustration purposes only. 380380 G D G W D G G S S OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEDRAINAGE EASEMENT DOC. NO. 2005-0052275 O.P.R.C.C.T. 100' ONCOR ELECTRIC TRANSMISSION EASEMENT VOL. 493, PG. 96 VOL. 493, PG. 191 D.R.C.C.T. RICHLAND BOULEVARD (90' RIGHT-OF-WAY) DOC. NO. 201706260100003050 O.P.R.C.C.T. SANITARY SEWER EASEMENT VOL. 5481, PG. 6961 D.R.C.C.T. 10' SANITARY SEWER EASEMENT DOC. NO. 2005-0052274 O.P.R.C.C.T. UNKNOWN 12" RISER ON CONCRETE PAD S FLOODWAY, DRAINAGE AND DETENTION EASEMENT EROSION HAZARD SETBACK N89°31'10"E 629.95'S5°24'34"W205.91'N89°31'10"E 50.55'S5°25'04"W471.24'N88°45'52"W 313.14' ∆=17°44'47" R=804.88' L=249.30' CB=N79°53'29"W C=248.30'N0°47'50"W617.07'N88°46'47"W 50.48' 25' LANDSCAPE BUFFER LA CIMA CROSSING ADDITION BLOCK A, LOT 1 AND LOT 2 DOC. NO. 201512160100004530 LOT 3, BLOCK A LA CIMA CROSSING CAB. 2017, PG. 490 P.R.C.C.T ZONING: PD-2 COR USE: COMMERCIAL LOT 4, BLOCK A LA CIMA CROSSING CAB. 2017, PG. 490 P.R.C.C.T ZONING: PD-2 COR USE: QUALIFIED OPEN SPACE AG LAND MUSTANG-MIDWAY PLANO LTD DOC. NO. 20181214010005640 O.P.R.C.C.T. LOT 2, BLOCK B LA CIMA CROSSING CAB. 2018, PAGE 936 P.R.C.C.T ZONING: PD-27 CCUSE: QUALIFIED OPEN SPACE AG LANDLOT 3R, BLOCK B 9.524 ACRES ZONING: PD-2 COR EXISTING USE: QUALIFIED OPEN SPACE AG LAND PROPOSED USE: ELECTRICAL SUBSTATION DRAINAGE EASEMENT DOC. NO. 2005-0052275 O.P.R.C.C.T. 100' ONCOR ELECTRIC TRANSMISSION EASEMENT VOL. 493, PG. 96 VOL. 493, PG. 191 D.R.C.C.T. RICHLAND BOULEVARD (90' RIGHT-OF-WAY) DOC. NO. 201706260100003050 O.P.R.C.C.T. RICHLAN D B O U L E V A R D (90' RIG H T - O F - W A Y) DOC. NO. 2 0 1 7 0 6 2 6 0 1 0 0 0 0 3 0 5 0 O.P.R.C.C. T.H. JAMISON SURVEYABSTRACT NO. 480D BRADLEY SURVEYABSTRACT NO. 86APPROXIMATE LOCATION OF ABSTRACT LINE N89°31'10"E 629.95'S5°25'04"W471.24'N88°45'52"W 313.14' ∆=17°44'47" R=804.88' L=249.30' CB=N79°53'29"W C=248.30'N0°47'50"W617.07'S5°24'34"W205.91'N89°31'10"E 50.55' SANITARY SEWER EASEMENT VOL. 5481, PG. 6961 D.R.C.C.T. 10' SANITARY SEWER EASEMENT DOC. NO. 2005-0052274 O.P.R.C.C.T. N88°46'47"W 50.48' FLOODWAY, DRAINAGE AND DETENTION EASEMENT EROSION HAZARD SETBACK 25' LANDSCAPE BUFFER LA CIMA CROSSING ADDITION BLOCK A, LOT 1 AND LOT 2 DOC. NO. 201512160100004530 ZONING: PD-2 COR USE: COMMERCIAL LOT 3, BLOCK A LA CIMA CROSSING CAB. 2017, PG. 490 P.R.C.C.T ZONING: PD-2 COR USE: COMMERCIAL LOT 4, BLOCK A LA CIMA CROSSING CAB. 2017, PG. 490 P.R.C.C.T ZONING: PD-2 COR USE: QUALIFIED OPEN SPACE AG LAND MUSTANG-MIDWAY PLANO LTD DOC. NO. 20181214010005640 O.P.R.C.C.T. LOT 2, BLOCK B LA CIMA CROSSING CAB. 2018, PAGE 936 P.R.C.C.T ZONING: PD-27 CCUSE: QUALIFIED OPENSPACE AG LANDWILLOW RIDGE PHASE 3 BLOCK B, LOT 85 ZONING: PD-2 SF-10 USE: RESIDENTIAL SF WILLOW RIDGE PHASE 3 BLOCK B, LOT 86 ZONING: PD-2 SF-10 USE: RESIDENTIAL SF WILLOW RIDGE PHASE 3 BLOCK B, LOT 87 ZONING: PD-2 SF-10 USE: RESIDENTIAL SF WILLOW RIDGE PHASE 3, BLOCK B, LOT 88 & 89 ZONING: PD-2 SF-10, USE: RESIDENTIAL SF WILLOW RIDGE PHASE 3 BLOCK B, LOT 90 ZONING: PD-2 SF-10 USE: RESIDENTIAL SF LOT 2, BLOCK B LA CIMA CROSSING ADDITION CAB. 2020, PAGE 238 P.R.C.C.T ZOINING: PD-2 COR USE: GODDARD SCHOOL FAM SCHOOLS LLC. DOC. NO. 20181219001538410 O.P.R.C.C.T LOT 2, BLOCK B LA CIMA CROSSING CAB. 2018, PAGE 936 P.R.C.C.T ZONING: PD-2 COR USE: COMMERCIAL MUSTANG-MIDWAY PLANO LTD DOC. NO. 20181214010005640 O.P.R.C.C.T. LOT 3R, BLOCK B 9.524 ACRES ZONING: PD-2 COR EXISTING USE: QUALIFIED OPEN SPACE AG LAND PROPOSED USE: ELECTRICAL SUBSTATION LOT 2R, BLOCK B 4.790 ACRES PLOTTED BYMYERS, ROB 2/16/2021 11:32 AMDWG NAME K:\FRI_CIVIL\FRISCO SINGLE FAMILY PURSUITS\_2020\2020114 - ONCOR - PROSPER SUB\CAD\PLANSHEETS\C-SITE PLAN.DWG [C-05 PROPOSED SITE PLAN]LAST SAVED 2/16/2021 11:31 AM RICHLAND BOULEVARD PROSPER, TX 750778 BEING 9.524 ACRES OUT OF LOT 2, BLOCK B, LA CIMA CROSSING CABINET 2018, PAGE 936 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS ONCOR PROSPER SUBSTATION 6160 Warren Parkway. Suite 210 Frisco, TX 75034 Tel: (972) 335-3580 Contact: Thomas L. Fletcher, P.E. ENGINEER/SURVEYOR: DESIGNED DRAWN CHECKED DATE KH PROJECT NO. DEVELOPER: FOR Oncor 115 West 7th Street, Suite 505, Fort Worth, TX 76102 Tel: (817) 215-6061 Contact: Jill L. Alvarez, P.E. RJM TLF 02/01/2021 064424910 SEC CASE NO. D21-0004 SCALE AS SHOWN SITE VICINITY MAP SCALE: 1" = 4,000' PROPERTY LAYOUT SCALE: 1"=100' SITE DATA TABLE SITE PLAN SUBSTATION PAD PAVEMENT 6" FIRE LANE CONCRETE PAVEMENT 9" RICHLAND BLVD. CONCRETE PAVEMENT PROPOSED HIKE AND BIKE TRAIL LEGEND PROPERTY LINE ADJACENT PROPERTY LINE EXISTING CONTOUR PROPOSED WALL PROPOSED FIRE HYDRANT PROPOSED TEE & VALVE PROPOSED FIRE LANE PROPOSED LANDSCAPE SCREENING EXISTING OVERHEAD POWER LINE EXISTING SANITARY SEWER LINE EXISTING NATURAL GAS LINE EXISTING WATER LINE EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING SANITARY SEWER MANHOLE EXISTING STORM SEWER MANHOLE EXISTING TREE GAS PAVING CRITERIA WATER METER SCHEDULE Any revision to this plan will require Town approval and will require revisions to any corresponding plans to avoid conflicts between plans. 1) Dumpsters and trash compactors shall be screened per the Zoning Ordinance. 2) Open storage, where permitted, shall be screened per 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) Occupant notification per this section and 907.5 shall be required for all new construction, or existing construction complying with the International Building Code, for renovations to existing buildings, tenant spaces, changes in occupancy, replacement or modification of the existing fire alarm system, or as required by the Fire Code Official, for all buildings or spaces provided with an approved automatic sprinkler system. 8) Fire lanes shall be designed and constructed per Town Standards or as directed by the Fire Department. 9) Two points of access shall be maintained for the property at all times. 10) Speed bumps/humps are not permitted within a fire lane. 11) Fire lanes shall be provided within 150 feet of all exterior walls of any building for hose lay requirements. Amendment 503.1.1 12) The fire lane shall be a minimum of 24 feet wide. Amendment 503.2.1 13) Buildings more than 30 feet in height are required to have a minimum of a 26-foot wide fire lane in the immediate vicinity for firefighting operations of the building. One of the 26-foot wide fire lanes shall be located a minimum of 15 feet from the building and no more than 30 feet. Appendix D105 14) The inside turning radius of the 24-foot fire lane shall be a minimum of 30 feet. Amendment 503.2.4 15) The inside turning radius of the 26-foot fire lane shall be a minimum of 30 feet. Amendment 503.2.4 16) Dead-end fire lanes are only permitted with approved hammerheads. 17) Fire hydrants shall be provided at the entrances and intersections. Amendment 507.5.1 18) As properties develop, fire hydrants shall be located at all intersecting streets and the maximum spacing shall be every 300 feet (300') for all developments, and facilities other than R3. R-3 developments shall be every 500 feet (500'). Distances between hydrants shall be measured along the route that fire hose is laid by a fire apparatus from hydrant-to-hydrant, not as the "crow flies." Amendment 507.5.1 19) Fire department connection (FDC) for the fire sprinkler system shall be located within 50 feet of a fire hydrant and 50 feet of a fire lane. 5” Storz, 30-degree downward turn with locking cap. Amendment 507.5.1 20) Fire hydrants shall be located 2 foot (2') to 6 foot (6') back from the curb or fire lane and shall not be located in the bulb of a cul-de-sac. Amendment 507.5.1 21) There shall be a minimum of two (2) fire hydrants serving each property within the prescribed distances listed above. A minimum of one fire hydrant shall be located on each lot. Amendment 507.5.1 22) A minimum 10-foot unobstructed width shall be provided around a building for adequate Fire Department access. A continuous row of parking and landscaping shall be considered a barrier. Amendment 503.1.1 23) The maximum dead- end cul-de-sac length shall not exceed six hundred feet (600') as measured from the centerline of the intersection street to the center point of the radius. Amendment 503.1.5 24) One-and two-family dwellings automatic fire systems. Automatic fire protection systems per NFPA 13D or NFPA 13R shall be provided in all one-and two-family dwellings with a conditioned floor area of 5,500 square feet (511 m2) or greater, dwellings three (3) stories or greater, or dwellings with roof heights exceeding thirty-five feet (35') from grade. IRC-2015 Amendment R313.2 25) 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. 26) All signage is subject to Building Official approval. 27) All fences and retaining walls shall be shown on the Site Plan and are subject to Building Official approval. 28) All exterior building materials are subject to Building Official approval and shall conform to the approved façade plan. 29) Sidewalks of not less than six (6) feet in width along thoroughfares and collectors and five (5) feet in width along residential streets and barrier-free ramps at all curb crossings shall be provided per Town Standards. 30) Approval of the Site Plan is not final until all engineering plans are approved by the Engineering Services Department. 31) Site Plan Approval is required before the grading release. 32) All new electrical lines shall be installed and/or relocated underground. 33) All mechanical equipment shall be screened from public view per the Zoning Ordinance. 34) All landscape easements must be exclusive of any other type of easement. 35) Impact fees will be assessed per the land use classification(s) identified on the Site Data Summary Table; however, changes to the proposed land use at the time of CO and/or finish-out permit may result in additional impact fees and/or parking requirements. 36) The approval of a Site Plan shall be effective for 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 the 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. 37) Cross-sections and hydraulic data taken from flood study performed by Dowdey Anderson, dated 1/26/2015. Hike and bike trail to be located outside floodway easement. 00 40'80' GRAPHIC SCALE 40' LOT 2, BLOCK B LA CIMA CROSSING ADDITION CAB. 2020, PAGE 238 P.R.C.C.T ZOINING: PD-2 COR USE: GODDARD SCHOOL FAM SCHOOLS LLC. DOC. NO. 20181219001538410 O.P.R.C.C.T LOT 2, BLOCK B LA CIMA CROSSING CAB. 2018, PAGE 936 P.R.C.C.T ZONING: PD-2 COR USE: COMMERCIAL MUSTANG-MIDWAY PLANO LTD DOC. NO. 20181214010005640 O.P.R.C.C.T. Page 1 of 1 To: Planning & Zoning Commission Item No. 3f From: Evelyn Mendez, Planning Technician Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 2021 Agenda Item: Consider and act upon a Final Plat for La Cima Crossing, Block B, Lot 3R, on 9.5± acres, located north side of Richland Boulevard, west of La Cima Boulevard. The property is zoned Planned Development-2 (PD-2). (D21-0005). Description of Agenda Item: The Final Plat dedicates all easements necessary for development and conforms to Planned Development-2 development standards. As companion items, the Site Plan (D21-0004) for the Oncor Prosper Substation, and the Conveyance Plat (D21-0001) for La Cima Crossing, Block B, Lots 2R & 3R are on the March 2, 2021 agenda. 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 annotations, 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 FISHTRAP RD N CUSTER RDE PROSPER TRL W FIRST ST W FRONTIER PKWY E FRONTIER PKWY PROSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDGEE RDUNIVERSITY DR US HIGHWAY 380 LA CIMA BLVDRICHLA N D B L V D AMISTAD DR ECHO DR DENTWOOD TRL DREXEL LNHAWTHORN DR WHISTLER LN BUCHANAN DRCHAPAL A CTLA C IMA BLVD 0 750375Feet µ D21-0005 - La Cima Crossing, Block B, Lot 3R This map is for illustration purposes only. E. BR A D L E Y S U R V E Y ABST R A C T N O. 8 6 H. JAM I S O N S U R V E Y ABST R A C T N O. 4 8 0 POINT OF BEGINNING LOT 3R, BLOCK B 9.524 ACRES ∆ RICHLAND BOULEVARD RICHLAN D B O U L E V A R D LA CIMA BOULEVARD ∆ ∆ RICHLAN D B O U L E V A R D EROSION HAZARD SETBACK TEXAS REGISTERED SURVEYING FIRM NO. 10098100 PLOTTED BY: James Gardella ON: Thursday, February 25, 2021 AT: 1:50 PM FILEPATH: G:\Production4000\005700\5700\032-Prosper Sub\Survey\Drawings\B005700.032 - Prosper Sub- Final Plat.dwg D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXASP.R.C.C.T. = PLAT RECORDS, COLLIN COUNTY, TEXASO.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS SITE SHEET 1 OF 2 = 5/8" IRON ROD WITH YELLOW CAP STAMPED "DUNAWAY ASSOC.LP" SET UNLESS OTHERWISE NOTED FINAL PLAT OFLA CIMA CROSSING LOT 3R, BLOCK B 9.524 ACRES Situated in Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract No. 480 Town of Prosper, Collin County, Texas February 19, 2021 CITY CASE NO. D 21-0005 CERTIFICATE OF APPROVAL APPROVED THIS ________ DAY OF _________, 20___ BY THE PLANNING & ZONING COMMISSION OF TOWN OF PROSPER. ________________________TOWN SECRETARY ________________________ENGINEERING SERVICES ________________________DEVELOPMENT SERVICES TEXAS REGISTERED SURVEYING FIRM NO. 10098100 PLOTTED BY: James Gardella ON: Thursday, February 25, 2021 AT: 1:50 PM FILEPATH: G:\Production4000\005700\5700\032-Prosper Sub\Survey\Drawings\B005700.032 - Prosper Sub- Final Plat.dwg SITE SURVEYOR'S CERTIFICATE That I, Hal Mollenkopf, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the Town of Prosper, Texas. Dated this the ______________ day of _______________, 20___. Hal Mollenkopf Registered Professional Land Surveyor State of Texas, No. 5439 STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Hal Mollenkopf, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the________ day of _____________, 20____. __________________________________________ Notary Public, State of Texas SHEET 2 OF 2 Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. OWNER'S CERTIFICATE STATE OF TEXAS )( COUNTY OF COLLIN )( WHEREAS, MUSTANG-MIDWAY PLANO, LTD, IS THE SOLE OWNER OF THE FOLLOWING DESCRIBED PROPERTY TO WIT: PROPERTY DESCRIPTION METES & BOUNDS BEING a 9.524 acre tract of land situated in Edward Bradley Survey, Abstract No. 86, and the Harrison Jamison Survey, Abstract No. 480, Collin County, Texas, and being all of Lot 2, Block B, La Cima Crossing, and addition to the Town of Prosper, recorded in Cabinet 2018, Page 936, Plat Records of Collin County (P.R.C.C.T.), Texas and being a portion of a tract of land described in deed to Mustang-Midway Plano, LTD, recorded in Document Number 96-38753, Official Public Records of Collin County, Texas (O.P.R.C.C.T.), said 9.524 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2-inch iron rod for the northwest corner of said Lot 2 and the northeast corner of a tract of land described in deed to Chris, LLC, recorded in Document No. 20190211000141320, O.P.R.C.C.T., said corner being on the south line of Block B, Willow Ridge Phase Three, and addition to the Town of Prosper, recorded in Cabinet Q, Page 618, P.R.C.C.T., said POINT OF BEGINNING being locatable by NAD83 Grid Coordinate N: 7,131,776.68, E: 2,491,930.53; THENCE North 89 degrees 31 minutes 10 seconds East, with the north line of said Lot 2 and the south line of said Willow Ridge Phase Three, a passing distance of 579.78 feet to a found 1/2-inch iron rod with cap stamped “DAA” for the southeast corner of said Willow Ridge Phase Three and the southwest corner of Tract 2X, Lakes of La Cima Phase Two, an addition to the Town of Prosper, recorded in Cabinet P, Page 959, P.R.C.C.T., continuing for a total distance of 630.05 feet to a found 1/2-inch iron rod with cap stamped “DAA” for the most northerly northeast corner of said Lot 2 and the northwest corner of Lot 1, Block B, La Cima Crossing Addition, an addition to the Town of Prosper, recorded in Cabinet 2020, Page 238, P.R.C.C.T.; THENCE South 05 degrees 24 minutes 34 seconds West, departing the south line of said Tract 2X, with the east line of said Lot 2 and the west line of said Lot 1, a distance of 205.94 feet to a found 1/2-inch iron rod with cap stamped “DAA” for an interior corner of said Lot 2 and the southwest corner of said Lot 1; THENCE North 89 degrees 31 minutes 10 seconds East, with the common north line of said Lot 2 and the south line of said Lot 1, a distance of 50.56 feet to a set 5/8-inch iron rod with cap stamped “DUNAWAY ASSOC. LP” for corner; THENCE South 05 degrees 25 minutes 04 seconds West, departing said common line, crossing said Lot 2, a distance of 471.31 feet to a set 5/8-inch iron rod with cap stamped “DUNAWAY ASSOC. LP” for corner, being on the north right-of-way line of Richland Boulevard (variable width) as dedicated by plat recorded in Cabinet 2015, Page 200, P.R.C.C.T. THENCE North 88 degrees 46 minutes 47 seconds West, along said north right-of-way line, a distance of 50.49 feet to a set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for corner; THENCE North 88 degrees 45 minutes 52 seconds West, along said north right-of-way line (now 90' right-of-way), recorded in Cabinet 2015, Page 727 and Cabinet 2017, Page 490, P.R.C.C.T., a distance of a distance of 313.19 feet to set 5/8-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the beginning of a circular curve to the right having a radius of 805.00 feet and a chord bearing of North 79 degrees 53 minutes 29 seconds West, a distance of 248.34 feet; THENCE Northwest continuing along said north right-of-way line and said circular curve to the right, through a central angle of 17 degrees 44 minutes 47 seconds, an arc distance of 249.33 feet to a set 1/2-inch iron rod with yellow cap stamped “DUNAWAY ASSOC. LP” for the end of said curve and the southwest corner of said Lot 2 and a corner being on the east line of said Chris, LLC tract. THENCE North 00 degrees 47 minutes 50 seconds West, departing said north right-of-way line, with the west line of said Lot 2 and the east line of said Chris, LLC tract, a distance of 617.16 feet to the POINT OF BEGINNING, and containing 623,513 square feet, or 14.314 acres. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That MUSTANG-MIDWAY PLANO, LTD, a Texas limited partnership, acting herein by and through a duly authorized manager of its general partner, Mustang-Midway Plano, LLC, a Texas limited liability company, does hereby certify and adopt this plat designating the herein above described property as La Cima Crossing, and do hereby dedicate to the public use forever, the streets and alleys shown hereon. the Mustang-Midway Plano, LTD., a Texas limited partnership, does herein certify the following: 1. The street and alleys are dedicated for street and alley purposes. 2. All public improvements and dedications shall be free and clear of all debt, liens, and or encumbrances. 3. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicted on this plat. 4. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements if approved by the Town of Prosper. 5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused by maintenance or repair. 6. Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and Town of Prosper's use thereof. 7. The Town of Prosper and public utilities shall have the right to remove and keep removed all parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in the easements. 8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. 9. All modifications to this document shall be by means of plat and approved by the Town of Prosper, Texas. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas. NOTES: The basis of bearing for this plat is the Texas Coordinate System of 1983 (NAD83), North Central Zone, based upon GPS measurements, according to the GPS Reference Network. Distances and areas hereon are surface values. A combined scale factor of 0.99984733 was used for this plat. According to graphical plotting of the Flood Insurance Map for Collin County, Texas, and Incorporated Areas, Panel 235 of 600, Map Number 48085C0235 J, map effective date June 2, 2009, the subject property is located in Zone "X" (Unshaded), defined as "areas determined to be outside the 0.2% annual chance floodplain". This statement does not reflect any type of flood study by this firm. Fully developed 100-year flood plain exists on this site. Refer to 100 year flood study for Parvin Branch Tributary 3 prepared by Dowdy, Anderson and Associates dated July 1, 2015. Notice: Selling a portion of this addition by metes and bounds is a violation of the town ordinance and state law, and is subject to fines and withholding of utilities and building permits. All property corners are 5/8" iron rod with yellow cap stamped "DUNAWAY ASSOC. LP" unless otherwise noted hereon. ACCESS EASEMENTS: The undersigned covenants and agrees that the access easement(s) may be utilized by any person or the general public for ingress and egress to other real property and for the purpose of general public vehicular and pedestrian use and access, and for the fire department, police and emergency use in, along, upon and across said premises, with the right and privilege at all times of the Town of Prosper, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises via the access easements. FIRE LANE EASEMENT: The undersigned covenants and agrees that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface paved in accordance with town standards and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear on any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking, loading, or unloading of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of pavement in accordance to town standards of the fire land easements is the responsibility of the owner, and the owner shall post and maintain signage in accordance to town standards in conspicuous places along the fire lanes, stating "Fire Lane, No Parking". The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergencyuse. LANDSCAPE EASEMENT The undersigned covenants and agrees that the landscape easement and restrictions herein set forth shall run with the land and be binding on the owner(s) of the property in this subdivision, their successors and assigns, and all parties claiming by, through and under them. In the event a replat is requested on all or part of this property, the Town may require any similar or additional restrictions at its sole discretion. The sole responsibility for maintenance and replacement of landscape materials thereof shall be borne by any 'property owners' association hereafter established for the owners of lots in this subdivision and/or the owners of the individual lots within this subdivision. Such maintenance and replacement shall be in conformance with the requirements, standards, and specifications of the Town of Prosper, as presently in effect or as may be hereafter amended. This provision may be enforced by specific performance or by any other remedy allowed by law. This Landscape Easement shall be void of utilities and other elements unless otherwise approved on the plat. DRAINAGE AND FLOODWAY EASEMENT This plat is hereby adopted by the Owners and approved by the Town of Prosper (Called “Town”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees, successors and assigns: The Portion of Block____, as shown on the plat is called “Drainage and Floodway Easement” and is the natural drainage channel across each lot. The existing creek or creeks traversing along the Drainage and Floodway Easement within the limits of this addition, will remain as an open channel at all times and will be maintained by the owners of the lot or lots that are traversed by or adjacent to the drainage courses in the Drainage and Floodway Easement. The Town will not be responsible for the maintenance and operation or said creek or creeks or for any damage to private property or person that results for the flow of water along said creek, of for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Floodway Easement or the natural drainage channels, as herein above defined. Provided it is understood that in the event it becomes necessary for the Town to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by streets and alleys in or adjacent to the subdivision, then in such event, the Town shall have the right to enter upon the Drainage and Floodway Easement at any point, or points, to investigate, survey or to erect, construct, and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the natural drainage channels traversing or adjacent to his property clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Floodway Easement, as in the case of all natural channels, are subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The Town shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure or structures, within the natural drainage channels. Building areas outside the Drainage and Floodway Easement line shall be filled to a minimum elevation as shown on the plat. The minimum floor elevation for each lot shall be as shown on the plat. DRAINAGE AND DETENTION EASEMENT This plat is hereby adopted by the Owners and approved by the Town of Prosper (Called “Town”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees, successors and assigns: The Portion of Block _____, as shown on the plat is called “Drainage and Detention Easement”. The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement, The Town will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstructions to the natural flow or storm water run-off shall be permitted by construction of any type of building, fence or any other structure within the Drainage and Detention Easement, as herein above defined, unless approved by the Town Engineer. Provided, however, it is understood that in the event it becomes necessary for the Town to erect of consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by drainage in or adjacent to the subdivision, then in such event, the Town shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The Town shall not be held liable for any such damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure or structures, within the Easement. FINAL PLAT OFLA CIMA CROSSING LOT 3R, BLOCK B 9.524 ACRES Situated in Edward Bradley Survey, Abstract No. 86 and the Harrison Jamison Survey, Abstract No. 480 Town of Prosper, Collin County, Texas February 19, 2021 CITY CASE NO. D 21-0005 This plat approved subject to all platting ordinances, rules, regulation of the Town of Prosper, Texas. Witness my hand and seal of office this ________ day of _________, 20___ MUSTANG-MIDWAY, PLANO, LTD.A TEXAS LIMITED PARTNERSHIP BY: MUSTANG-MIDWAY PLANO, GP, LLCA TEXAS LIMITED LIABILITY COMPANYA GENERAL PARTNER By: ________________________________ Name: _____________________________ Title Manager STATE OF TEXAS )( COUNTY OF COLLIN )( This instrument was acknowledged before me on the ______ day of _________, 20___ by _____________________________Manager of Mustang-Midway Plano, LLC a Texas limited liability company, general partner of Mustang-Midway Plano, LTD a Texas limited partnership on behalf of said limited liability company and limited partnership. __________________________________________ notary public in and for the State of Texas Page 1 of 1 To: Planning & Zoning Commission Item No. 4 From: Evelyn Mendez, Planning Technician From: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 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, generally 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 1 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 March 2, 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: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 2021 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 9.5± acres from Planned Development-65-Single Family (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. (Z201-0002). 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- 65-Single Family Undeveloped Tollway District North Planned Development- 71-Single Family and Commercial Undeveloped Tollway District East Planned Development- 71-Single Family Undeveloped Tollway District South Planned Development- 98- Multifamily (Age- Restricted) and Office Undeveloped US 380 District West Planned Development- 65-Single Family Undeveloped Tollway District Requested Zoning – The purpose of this request is to rezone the 9.5± acre tract of land from its current single-family residential designation in PD-65 to Office, in order to allow for development in the future. At the time of an application for “straight” zoning, the applicant is not required to submit an exhibit depicting how the property will be specifically developed or elevations of the proposed building. Prior to development, the developer will be required to submit a Site Plan for review and approval by the Planning & Zoning Commission. The applicant has been advised of the standards necessary for development. Prosper is a place where everyone matters. PLANNING Page 2 of 2 The applicant has agreed to enter into a Development Agreement with the Town of Prosper regarding architecture and building materials. Future Land Use Plan – The Future Land Use Plan recommends Tollway District. The proposed zoning request conforms to the Future Land Use Plan. Thoroughfare Plan – The property is adjacent to Mahard Parkway and Prairie Drive, future four- lane divided minor thoroughfares. The proposed request conforms to the Thoroughfare Plan. Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject property; however, hike and bike trails will be required along Prairie Drive and Mahard Parkway 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. Exhibit A Staff Recommendation: Staff recommends approval of the request to rezone 9.5± acres from Planned Development-65 (PD-65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. subject to approval of a Development Agreement by Town Council. 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 23, 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 RDLEGACY DRPRAIRIE D R BOTTLE B R U S H D RSPEARGRASS LNWINECUP RD CANARY G R A S S L N DAYFLOWER DR 0 750375Feet µ Z21-0002 - Villages at Legacy Office 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 GEE RDS-19 PD-65 PD-71 PD-41 PD-47 PD-104 PD-98 PD-41 PD-97 PD-99 PD-99 PD-101 PD-14 SF M C SF-10 CC SF M MF A C O C C O BP A ALEGACY DRPRAIRIE D R BOTTLE B R U S H D RSPEARGRASS LNWINECUP RD CANA R Y G R A S S L N 0 750375Feet µ Z21-0002 - Villages at Legacy Office This map is for illustration purposes only. 125' TEMP. CONSTRUCTION EASEMENT INST. NO. 20150903001126910 AND 20150903001126920, O.P.R.C.C.T. COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT No. 147 COLLIN CO. 1" IPF 1/2" IRFC, 1.7' NORTH OF PROP. LINE 10' ATMOS ENERGY CORPORATION EASEMENT AND RIGHT-OF-WAY INST. NO. 20171020001402920 O.P.R.C.C.T. PRAIRIE DRIVE 50' ENERGY TRANSFERFUEL LP EASEMENTINST. NO. 2006-0001078O.P.R.C.C.T.CALLED 20.000 ACRES MSW PROSPER 380, LP INSTR. NO. 20131226001678930 O.P.R.C.C.T. LOT 5, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 DOC. NO. 2019-455 P.R.D.C.T. LOT 6, BLOCK DPROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8DOC. NO. 2019-455 P.R.D.C.T. EXISTING ZONING: OFFICE EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: US 380 DISTRICT RIGHT-OF-WAY DEDICATION 2.501 ACRES (108,947 SQ. FT.) DEDICATED TO THE TOWN OF PROSPER IN FEE SIMPLE DOC. NO. 2019-455 P.R.D.C.T. CALLED 60.914 ACRES SC TW-380, LLC INSTR. NO. 20190724000876240 O.P.R.C.C.T. PORTION OF PROSPER CENTER BLOCK B, LOT 2 DOC. NO. 2016-241, P.R.D.C.T. EXISTING ZONING: COMMERCIAL EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT CALLED 78.483 ACRESLEGACY AND FIRST LP INSTR. NO. 20200618000919920O.P.R.C.C.T. 6 2 0 6206 2 5 630 61661 6 617617617617617 61761 8 6186 1 9 6196216216226226 2 3 6246 2 6 62 7 6 2 8 6 2 9 631 22.5'45.0'5/8" IRFC "KHA"5/8" IRFC "KHA" P.O.B. EXISTING ZONING: PD-71 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-47 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-98 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT EXISTING ZONING: PD-65 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT MAHARD PARKWAY5/8" IRFC "KHA" 40' SANITARY SEWER EASEMENT, INST. NO. 20150903001126910 AND 20150903001126920, O.P.R.C.C.T. REMAINDER OF PROSPER CENTER BLOCK B, LOT 2 DOC. NO. 2016-241, P.R.D.C.T. EXISTING ZONING: PD-65 EXISTING LAND USE: UNDEVELOPED FUTURE LAND USE: TOLLWAY DISTRICT GROSS AREA: 9.504 ACRES 413,978 SQ. FT. NET AREA 8.160 ACRES 355,445 SQ FT.N0°05'16"W478.36'N14°46'04"E 115.83' N5°14'31"W 70.00' C1 N89°40'36"W 540.21'S0°26'47"W655.00'S89°40'36"E 629.62' FUTURE RIGHT-OF-WAY 1.344 ACRES (58,533 SQ. FT.) S 42°29' W, 3072' TO SEC OF L. NETHERLY SURVEY ABSTRACT NO. 962 Copyright © 2019 Kimley-Horn and Associates, Inc. All rights reserved EXHIBIT A 9.504 ACRES (GROSS) 8.160 ACRES (NET) PORTION OF LOT 2, BLOCK B OF PROSPER CENTER COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. Z21-0002 DWG NAME: K:\FRI_SURVEY\061179110-PROSPER CENTER LOT 1 BLOCK B SURVEY\DWG\061179110 HILLS AT LEGACY OFFICE ZONING EXHIBIT.DWG PLOTTED BY GUNAWAN, SYLVIANA 2/16/2021 8:15 AM LAST SAVED 2/12/2021 11:11 AM Scale Drawn by DLG1" = 60' Checked by Date Project No.Sheet No. Frisco, Texas 750346160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580Fax No. (972) 335-3779FIRM # 10193822 KHA DEC. 2021 067252045 1 OF 1 GRAPHIC SCALE IN FEET 060 30 60 120 1" = 60'@ 24X36 NORTH N.T.S.VICINITY MAP NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPRAI R I E SITE N.T.S.VICINITY MAP NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPRAI R I E NOTES: 1. Bearing system based on the south line of Prosper Center Block B, Lot 1R and 2 as recorded in Doc. No. 2016-241 P.R.D.C.T. 2. According to Map No. 48085C0230J, dated June 2, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located within Zone "X-Unshaded", which is not a special flood hazard area. 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. 3. The thoroughfare alignment(s) shown on this exhibit are for illustration purposes and does not set the alignment. The alignment is determined at time of Final Plat. 4. Screening wall maintenance easements shown hereon are for the private use and benefit of the Homeowners Association (H.O.A.) for the purpose of maintaining screen walls 5. Private wall maintenance easements shown hereon are for the private use and benefit of the respective owners of the lots adjacent to said easements for the purpose of maintaining retaining walls. LEGEND P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IPF = IRON PIPE FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS P.R.C.C.T. = PLAT RECORD, COLLIN COUNTY,TEXES O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS DESCRIPTION OF PROPERTY BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being a portion of Lot 2, Block B of Prosper Center, Block B, Lots 1R and 2, according to the Revised Conveyance Plat thereof recorded in Volume 2016, Page 400 of the Plat Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1 inch iron pipe found for the northeast corner of said Lot 2, Block B, being on the westerly line of a called 60.914 acre tract of land described in a deed to SC TW-380, LLC, as recorded in Instrument No. 20190724000876240 of the Official Public Records of Collin County, Texas; THENCE South 0°26'47" West, along the easterly line of said Lot 2, Block B, the westerly line of said 60.914 acre tract, and the westerly line of a called 20.000 acre tract of land described in a deed to MSW Prosper 380, LP, as recorded in Instrument No. 20131226001678930 of the Official Public Records of Collin County, Texas, a distance of 677.50 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found for the southeast corner of said Lot 2 being in the centerline of Prairie Drive, a variable width right of way; THENCE North 89°40'36" West, departing the westerly line of said 20.000 acre tract, and along the southerly line of said Lot 2, Block B and the centerline of said Prairie Drive, a distance of 540.16 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” found at the beginning of a tangent curve to the left having a central angle of 5°33'54", a radius of 1077.5 feet, and a chord bearing and distance of South 87°32'27" West, 104.62 feet; THENCE in a southwesterly direction, with said curve to the left continuing along the southerly line of said Lot 2, Block B and the centerline of said Prairie Drive, an arc distance of 104.66 feet to a point for corner; THENCE North 5°14'37" West, departing the southerly line of said Lot 2 Block B and the centerline of said Prairie Drive, and crossing Lot 2, Block B, a distance of 92.50 feet to a point for corner; THENCE North 14°46'04" East, continuing across said Lot 2, Block B, a distance of 115.83 feet to a point for corner; THENCE North 0°05'16" West, continuing across said Lot 2, Block B, a distance of 478.36 feet to a point for corner on the northerly line of said Lot 2, Block B and the southerly line of a called 78.483 acre tract of land described in a deed to Legacy and First LP, as recorded in Instrument No. 20200618000919920 of the Official Public Records of Collin County, Texas; THENCE South 89°40'36" East, along the northerly line of said Lot 2, Block B, the southerly line of said 78.483 acre tract, and the westerly line of said 60.914 acre tract, a distance of 629.62 feet to the POINT OF BEGINNING and containing 9.837 acres (428,512 square feet) of land, more or less. 02/16/2021 IL OETATS S AXETF D S U R V EYORL AN ES S ALPROF ONR E G I STERED SYLVIANA GUNAWAN 6461 SYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com OWNER: Prosper Villages at Legacy LLC 10950 Research Road Frisco, Texas 75033 Ph: 214.387.3993 Contact: Clint Richardson ENGINEER: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Marissa Volk, P.E. Page 1 of 3 To: Planning & Zoning Commission Item No. 6 From: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 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 of PD-67 for the Gates of Prosper, regarding Subdistrict 2, 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. Details 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 of 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 Town staff has received two (2) Public Hearing Notice Reply Forms. 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 71.4± 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, 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 23, 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 RDFIRST ST PRESTON RDLOVERS LN SECOND ST CRAIG RDE S S E X D RWILLOWVIEW DRABBEY LNMOSS GLEN DRS COLEMAN STHAWTHORN DRCHURCH STWILLOW R IDGE DRBLUE RIDGE DRMAIN STLANE STWHITE CREST LNFIELD STHUNTERS PLKIOWA DR GABLES DR WILLOWGA T E D R SW I S S L NPECAN STCAMDEN WAY 0 1,500750Feet µ Z21-0001 - Gates of Prosper 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 GEE RDFIRST ST PRESTON RDLOVERS LN SECOND ST CRAIG RDE S S E X D RWILLOWVIEW DRABBEY LNMOSS GLEN DRS COLEMAN STHAWTHORN DRCHURCH STWILLOW R IDGE DRBLUE RIDGE DRMAIN STLANE STWHITE CREST LNFIELD STHUNTERS PLKIOWA DR GABLES DR WILLOWGA T E D R SW I S S L NPECAN STCAMDEN WAY 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 R O/R SF-15 DTO C CC DTSF DTO SF-15 DTR DTO R O SF-15 O DTO DTO COR SF-10 DTO DTO DTODTO DTO DTO DTSF DTO DTO DTO DTO R SF-15 DTOSF-15 0 1,500750Feet µ 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 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 Ordinance No. 18-55, Page 42 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. (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. 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, 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. 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. 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. (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. 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 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. 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 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 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 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 Or d i n a n c e No 18 5 5 Pa g e 78 Page 1 of 2 To: Planning & Zoning Commission Item No. 7 From: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 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 23, 2021. Z 0 0.5 1 1.50.25 Miles Plate 2 Future Land Use Plan Updated September 2020 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj 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. Z 0 0.5 1 1.50.25 Miles Plate 2 Future Land Use Plan Updated January 2021 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj 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. 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. 8 From: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 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 23, 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 RDLEGACY DRPROSPER TRL 0 500250Feet µ Z20-0013 - Legacy Storage 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 GEE RDPD-14 PD-14 PD-66 A A RSF-10 A LEGACY DRPROSPER TRL 0 500250Feet µ Z20-0013 - Legacy Storage This map is for illustration purposes only. 35' X 180 ' M e t a l B l d g . E E E E E E E E E E PP PP PP PP PP PP PP PP X Gravel Surfaced Area 5.497 ACRES D.R.D.C.T. C.C.F.N. 04-46357 13 April 2004 (1.515 Ac.) N 89°08 ' 4 2 " W 8 4 1 . 7 7 ' N 0 2 ° 2 6 ' 4 5 " E 2 8 4 . 8 4 ' S 89°09 ' 0 0 " E 8 3 9 . 8 4 ' S 0 2 ° 0 3 ' 2 6 " W 2 8 4 . 8 7 ' Robert W. Yarbrough 23 March 1979 X X X X J. H. Durrett Survey Abst. 350 2 7 S e p t e m b e r 2 0 0 0 N o r m a M c C a s l a n d T r u s t e e s L e o n a r t M c C a s l a n d e t u x , Vol.4990 Pg. 4594 D.R. 26 December 2001 (6.6178 Ac.) X X FIPFIP FIP FST Fd. 60D Nail Wi r e F e n c e n o t s t r a i g h t Albert R. Tucker 14.48' Concrete Surfaced Concrete Surfaced 30' X 1 8 0 ' M e t a l B l d g . Concrete Surfaced V o l . 4 6 8 3 P g . 1 9 1 9 D . R . O/H Electric Line O/H Electric Line 35' X 1 8 0 ' M e t a l B l d g . Vol.943 Pg. 687 D.R. Emily C. Lewis Le g a c y D r i v e Gr a v e l S u r f a c e d R o a d De n t o n C o u n t y Co l l i n C o u n t y Me t a l F e n c e Meta l F e nc e O/H Electric Line O/ H E l e c t r i c L i n e Gravel Surfaced Area30' X 1 8 0 ' M e t a l B l d g . Me t a l B l d g . C o n c r e t e S u r f a c e d AC Legacy Storage Center 35' X 2 3 5 ' M e t a l B l d g . FST AC AC Electric Box Box Electric Box Electric 40' 35' 17 0 ' 11 0 ' 28 0 ' Electric Box 18.41' No F e nc e 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 o 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 r o yev ruSdnaLState o fTexasl a n o i sseforPRegister ed4577 Don K. Cox 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. 9 From: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 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 23, 2021. Z 0 0.5 1 1.50.25 Miles Plate 2 Future Land Use Plan Updated September 2020 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj 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. Z 0 0.5 1 1.50.25 Miles Plate 2 Future Land Use Plan CA20-0004 Proposed kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj 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. 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. 10 From: Scott Ingalls, AICP, Senior Planner Through: Alex Glushko, AICP, Planning Manager Re: Planning & Zoning Commission Meeting – March 2, 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 received nine (9) Public Hearing Notice Reply Forms, five (5) being located within 200’ feet of the subject property, all in opposition. Attached Documents: 1. Aerial and Zoning Maps 2. Existing PD-69 3. Proposed Exhibits 4. Exhibit C (Redlined) 5. Public Hearing Notice Reply Forms (within 200’ of subject property) 6. Public Hearing Responses (outside 200’ of subject property) 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 23, 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 RUSTIC LN WATERVIEW DR COLEMAN STINWOOD LN HIGHBRI D G E L N HAVENBROOK LNGREENWOOD MEMOR IAL DR FAWN MIST DR SHENANDOAH ST FOX CROSSING LNCLUB OAK CT 0 1,500750Feet µ 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 GEE RDS-35 PD-36 PD-8 PD-22 PD-83 PD-8 PD-69 PD-44 PD-69 PD-35 PD-63 AC A SF-10 SF-10/12.5 R SF-10/15 SF CC CC MF SF-10 SF-12.5 C SF-15 FRONTIER PKWY DALLAS PKWYTALON LNLAKE TRAIL LN KIRKWOOD LNSTADIUM DREVENING SUN DR WESLEY DRCARUTH DR BEACON HILL DRBAINBRIDGE LNSABINE DR 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 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 Marc, 00 c-1.1—iu FEET® e f` zLNE uun OP.2 af;' OG PPG _ - cuaaFUr wxo UxE+r.RaulTURAr 1 R curruxn ___- c2 O`' p pz In orvEO L t Lin of LErix iaElea olarRic'i IF FRONTIER PARKWAY 7__r_7 ow a0w e'4ry ar`i=00 1 5C'pQ'PO ry e/ II 11 I TOTA- 2.CzO1GROSSAREA TRACT, 3,515,55835 sf(BD 71 AC) y0 kACT2 PROPOSEDiZONING PD-RETAIL IRI NET AREA PROPOSEDFONING PD-SINGLE FAMILY-125 Y FkUP?OIIyJAY DISTRICT z f RENYZONING SF-ts 3.025,84125 sf(6946 AC1 POTENTIAL DENSITY x25 UTAC IQ a.= . IS jI LL,TAA I,',S DISTRICTI FLOP MEDIUM DENEU RESIDENTIAL n' ;'-.,, I--URRENT LAND USE 6URRENTZONING SF-15 II 811 r rcioI `3.' AGRICULTURAL SINGLEFAMILV-15DISTRICTI CURRENT LAND USE GROSS AREA AGRICULTURALoJ1,532.076A52 sf K J 351 GROSS ImA I19634B,83 s! INETAREA I/Q I 5,J77t si as ss AL I Ofz I11 I--+—-- 166]SAC 18543B33BS, D J.s]AC o of o c aw III l O n`I I 1 II I A I n xoTxs E11181TA 6I ZONING CASE#14-0006 a IiR .enas"„r.ry<wnss,.m m/u,. e__rovynAouELSoe F Metten Tract Ao a w.c15.REes o COLLIN COUNTY SCHOOL LANG RV 1 wITHIN,AIOa AOx HTS Fwe. i I SU EY NO 2 ABSTRACT p14] MAY,2014 r, IIIeAIvuEUrisocTCaNlxeoerTiNCSCF OWNER APPLICANT ENGINEER SURVEYOR FINAr vrnT F` con,.,,cnns,ian n,enen sui,e lm xs11117 U} .9oll,sPRELIMINARYI w R SE VICINITY MAP 11,. .=uAe:1-111-1—Kimley»>NornvW Ordinance No. 14-41,Page 5 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. 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. From: To: Subject: Date: Caleb Heaton Scott Ingalls; Evelyn Mendez [*EXTERNAL*] - Zoning Case Z20-0026 Wednesday, February 24, 2021 1:11:52 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hello, My name is Caleb Heaton and I live at 860 Waterview Trail in Prosper TX 75078. I am voting no, against the rezoning. Please reach out to me if you have any questions. Thanks! -- Caleb Heaton From: To: Cc: Subject: Date: Importance: Jeanine Kirk Scott Ingalls; Evelyn Mendez Ron Kirk [*EXTERNAL*] - VOTE - Zoning Case Z20-0026 Wednesday, February 24, 2021 6:23:44 PM High ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hello, We are both voting AGAINST the proposed rezone. Ron & Jeanine Kirk 991 Waterview Dr. Prosper, TX 75078 All my best, ~ Jeanine From: To: Subject: Date: Randall Rogers Evelyn Mendez [*EXTERNAL*] - Zoning Wednesday, February 24, 2021 9:04:12 AM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** I reside at 840 waterview drive in Lakes of prosper north and I would like to vote against the rezoning of the property north of us , it should remain residential. Randy Rogers From: To: Subject: Date: Adam Corder Scott Ingalls [*EXTERNAL*] - Vote Wednesday, February 24, 2021 11:12:53 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Reference zoning case z20-0026 The property owners at 921 Sabine vote against the retail zoning. Adam Corder From: To: Subject: Date: Lindsey Corder Scott Ingalls [*EXTERNAL*] - Vote Wednesday, February 24, 2021 11:15:26 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Case - Z20-0026 The home owner at 921 Sabine vote against the decision to re zone this area to retail. Please consider the families this will affect. Lindsey Corder From: To: Subject: Date: Mcgowan, Jim (Nokia - US/Dallas) Evelyn Mendez [*EXTERNAL*] - Proposed re-zoning of the property located at SE corner of Frontier Pkwy & Dallas Pkwy (Tract 2) Wednesday, February 24, 2021 10:11:44 AM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** I am a resident in Lakes of Prosper North, and would like to voice my opposition to the proposal to change the zoning of this property (Tract 2), which is currently zoned for medium residential. Is there a specific process to follow to ensure my “rejection” vote counts? Regards. Jim McGowan From:Scott Ingalls To:Evelyn Mendez Subject:FW: [*EXTERNAL*] - Zoning Case Z20-0026 Date:Thursday, February 25, 2021 3:37:14 PM Here is one more opposed. From: Eli Smith <binspoonal@gmail.com> Sent: Thursday, February 25, 2021 12:25 PM To: Scott Ingalls <SIngalls@prospertx.gov> Cc: Alina Ryn <alinamryn@gmail.com> Subject: [*EXTERNAL*] - Zoning Case Z20-0026 ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Hi, We would like to vote against re-zoning. 941 Rustic Ln Prosper TX 75078 Regards, Eli L. Smith 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/87047432329 Enter Meeting ID: 87047432329 To request to speak, click on “Participants” at the bottom of the screen, and click “Rai se 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: 87047432329 To request to speak, enter *9, and *6 to mute/unmute yourself. 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. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1.Recognition of members of the Town of Prosper staff for outstanding service during the recent winter storm emergency. (HJ) Discussion Items. 2.Community Picnic Update (DR) 3.Employee Survey Results (JE) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, February 23, 2021 5:45 PM Page 2 of 4 CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 4. Consider and act upon the February 9, 2021, Town Council Minutes. (ML) 5. Consider and act upon approving the purchase of one Apex Officer Pro-Training Simulator from Govred Technology, Inc., a sole source provider. (DK) 6. Consider and act upon receiving the 2020 Annual Racial Profiling Report for the Prosper Police Department as required by state law. (DK) 7. Consider and act upon an ordinance 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) 8. Consider and act upon an ordinance rezoning 58.1± acres, from Planned Development-86 (PD-86) to Planned Development-Single Family-15 (PD-SF-15), to allow for a Funeral Home with Crematorium and Cemetery, located on the west side of Custer Road, north of US 380. (Z20-0020). (AG) 9. Consider and act to authorize the Town Manager to execute a Development Agreement between 310 Prosper, L.P., and the Town of Prosper, Texas, related to the Prosper Funeral Home development. (AG) 10. Consider and act upon an ordinance rezoning 55.8± acres, located on the west side of Good Hope Road, south of Parvin Road, from Agricultural (A) to Planned Development-40 (PD-40), generally to incorporate tracts of land into the Windsong Ranch development. (Z20-0023). (AG) 11. Consider and act upon authorizing the Town Manager to execute a Second Amended Development Agreement between VP Windsong Operation, LLC and VP Windsong Investments, LLC, and the Town of Prosper, Texas, related to the Windsong Ranch development. (AG) 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. Items for Individual Consideration: 12. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020- 2021 Budget). (BP) Page 3 of 4 13. Consider and act upon authorizing the Town Manager to execute an agreement between Brown Reynolds Watford Architects (BRW) and the Town of Prosper, Texas, related to architectural and engineering design services for the Public Safety Complex, Phase 2 (Central Fire Station and Fire Administration). (SB) 14. Consider and act upon awarding Bid No. 2021-30-B to Tiseo Paving Co., related to construction services for the Fishtrap Road Segment 4 Construction and Segment 1- 4 Landscaping Architecture project; and authorizing the Town Manager to execute a construction agreement for same. (HW) 15. 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) 16. Consider and act upon awarding CSP No. 2021-02-A to Tyler Technologies, Inc. for a Community Development System; and authorizing the Town Manager to execute documents for the same. (RZ) 17. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Sciens, LLC and the Town of Prosper, Texas, related to Phase II Project Implementation Support for the Tyler EnerGov Community Development System. (RZ) 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. 18. Water Bill Relief (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 19, 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.