09.20.22 PZ PacketPage 1 of 3
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Notice Regarding Public Participation
Welcome to the Planning & Zoning Commission meeting. Individuals may attend the meeting in
person, or access the meeting via videoconference, or telephone conference call.
To access the videoconference online, follow these instructions:
Join the Zoom Meeting by clicking on the following link:
https://us02web.zoom.us/j/86944373392
Enter Meeting ID: 869 4437 3392
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The meeting moderator will acknowledge your request and allow you to speak.
To join the meeting by phone, dial any one of the following numbers: +1 346 248 7799
Enter Meeting ID: 869 4437 3392
To request to speak, enter *9. The meeting moderator will acknowledge your request and allow
you to speak.
Addressing the Planning & Zoning Commission:
• Those wishing to address the Commission must complete the Public Comment Request Form
located on the Town website or in Council Chambers.
• If you are attending in person, please submit this form to the Board Chair or a staff member
prior to the meeting. When called upon, please come to the podium and state your name and
address for the record.
• If you are attending online/virtually, please submit this form prior to 5:00 p.m. on the day of
the meeting. Please ensure your full name appears on the screen and you are unmuted so
the meeting moderator can recognize you and allow you to speak. The Chat feature is not
monitored during the meeting. The Town assumes no responsibility for technical issues that
are beyond our control.
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 address the
Commission when the item is considered by the Planning & Zoning Commission.
1. Call to Order / Roll Call
2. Pledge of Allegiance
AGENDA
Regular Meeting of the
Prosper Planning & Zoning Commission
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, September 20, 2022, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 3
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 September 6, 2022, Planning & Zoning
Commission Regular meeting.
3b. Consider and act upon a Conveyance Plat for Ladera Prosper Phase 1 Block A, Lots 1
and 1X on 63.3± acres, located on the west side of Custer Road, south of First Street. The
property is zoned Planned Development-107 (PD-107) (D22-0076).
CITIZEN COMMENTS
The public is invited to address the Planning & Zoning Commission on any topic. However, the Commission
is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment
Request Form” and present it to the Development Services Department prior to the meeting.
REGULAR AGENDA
If you wish to address the Planning & Zoning Commission, please fill out a “Public Meeting Appearance Card”
and present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas
Government Code, individuals wishing to address the Planning & Zoning Commission for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a
non-public hearing item, they may address the Commission when the item is considered by the Planning &
Zoning Commission.
4. Conduct a Public Hearing, and consider and act upon a request to rezone 13.3± acres
from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow
for an office/retail development, located on the east side of Preston Road, north of St.
Peter Lane. (Z21-0003). This is a companion case to CA21-001. (Z21-0003).
5. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land
Use Plan from Residential Low Density to Retail and Neighborhood Services, generally
located, located on the east side of Preston Road, north of St. Peter Lane. This is a
companion case to Z21-0003. (CA22-0001).
6. 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, September 16, 2022, and
remained so posted at least 72 hours before said meeting was convened.
Page 3 of 3
_______________________________ _________________________
Michelle Lewis Sirianni, 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 of 2
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1. Call to Order / Roll Call
The meeting was called to order at 6:00 p.m.
Commissioners Present: Chair Brandon Daniel, Vice-Chair Sarah Peterson, Secretary Mike
Pettis, Doug Charles, Sekou Harris, Damon Jackson and Tommy Van Wolfe
Staff Present: David Soto, Planning Manager; Paul Rodriguez, Senior Planner
2. Recitation of the Pledge of Allegiance
3. CONSENT AGENDA
3a. Consider and act upon minutes from the July 19, 2022, Planning & Zoning
Commission Regular meeting.
3b. Consider and act upon minutes from the August 16, 2022, Planning & Zoning
Commission Regular meeting.
3c. Consider and act upon a Final Plat for Prosper Center, Lot 9, Block D, on 1.8± acres,
located on the north side of University Drive and west of Mahard Parkway. The
property is zoned Planned Development-101 (PD-101). (D22-0064).
3d. Consider and act upon a Revised Conveyance Plat for Crossland Phase 4 & 5 of the
Prosper Business Park Addition, Block B, Lots 4, 5 and 9, on 15.67 acres, located
on the south side of Industry Way, east of Cook Lane. The property is zoned
Planned Development (PD-26). (D22-0072).
3e. Consider and act upon a Site Plan for a Star Trails West Amenity Center, on 1.85
acres, located on the north side of Starwood Drive, west of Savanna Ridge Trail.
The property is zoned Planned Development-66 (PD-66). (D22-0075).
Motioned by Jackson, seconded by Harris, to approve the Consent Agenda, subject to staff
recommendations. Motion approved 7-0.
REGULAR AGENDA
4. Review actions taken by the Town Council and possibly direct Town Staff to
schedule topic(s) for discussion at a future meeting.
Soto: Provided a summary of recent action taken by Town Council.
MINUTES
Regular Meeting of the
Prosper Planning & Zoning Commission
Prosper Town Hall
Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, September 6, 2022, 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 2
5. Adjourn.
Motioned by Harris, seconded by Van Wolfe to adjourn. Motion approved 7-0 at 6:04 p.m..
_______________________________ _________________________
Doug Braches, Planning Technician Michael Pettis, Secretary
Page 1 of 1
Prosper is a place where everyone matters.
To: Planning & Zoning Commission Item No. 3b
From: David Soto, Planning Manager
Re: Planning & Zoning Commission Meeting –September 20, 2022
Agenda Item:
Consider and act upon a Conveyance Plat for Ladera Prosper Phase 1 Block A, Lots 1 and 1X
on 63.3± acres, located on the west side of Custer Road, south of First Street. The property is
zoned Planned Development-107 (PD-107) (D22-0076).
Description of Agenda Item:
The purpose of the Conveyance Plat for Ladera Prosper Phase 1, Block A, Lots 1 and 1X, is to
create two lots. The plat conforms to Planned Development-107 (PD-107) development
standards.
Attached Documents:
1. Location Map
2. Conveyance Plat
Staff Recommendation:
Staff recommends approval of Conveyance Plat, subject to:
1. Town staff approval of all additions and/or alterations to the easements and dedications on the
Conveyance Plat.
2. Approved contingent access easement shall be annotated prior to recording at the county.
Larkin McCarty Survey, Abstract No. 600Jeremiah Horn Survey, Abstract No. 411CUSTER ROAD (F.M. 2478)∆ 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.18291CONVEYANCE PLATPROJECTSITEL E G E N D
111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.18291’”””””“”””“”””“”””””””””“”””””””””””””””’’ PROJECTSITECONVEYANCE PLAT
Page 1 of 6
To: Planning & Zoning Commission Item No. 4
From: David Soto, Planning Manager
Re: Planning & Zoning Commission Meeting – September 20, 2022
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 13.3± acres from Single
Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail
development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003). This
is a companion case to CA21-001. (Z21-0003).
History:
The applicant has submitted this request on February 1, 2021. It was tabled indefinitely at its July
15, 2021 Planning & Zoning meeting.
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 Single Family-15 Undeveloped Low Density Residential
North Planned Development-
15-Single Family Town of Prosper Park Low Density Residential
East Single Family-15
Single Family Residence
& Prosper Lake
Subdivision
Low Density Residential
South Single Family-15 Montclair Subdivision Low Density Residential
West Single Family-12.5 Cambridge Park Estates,
Phase 1
Medium Density
Residential
Prosper is a place where everyone matters.
PLANNING
Page 2 of 6
Requested Zoning – The purpose of this request is to rezone 13.3± acres from Single Family-15
(SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail
development. The applicant is proposing to introduce a new Planned Development that includes
but not limited to permitted uses, development regulations, and design guidelines. Outline below
is a few of the development standards, please refer to the Exhibit D for all the regulations.
It’s important to note that the applicant has created its own allowable uses and the list of uses are
shown below.
List of Uses allowed:
1. Administrative, Medical or Professional Office
2. Antique Shop
3. Artisan’s Workshop
4. Bank, Savings and Loan, or Credit Union, Lots 1-6 only
5. Bed and Breakfast Inn
6. Beauty Salon, Barber Shop, Lots 1, 2 and 3 only
7. Building Materials and Hardware Sales, Minor, Lots 1-3 only
8. Business Service, Lots 1 - 4only
9. Child Care Center, Licensed, only one permitted in PD, Lots 3 and 4by SUP only
10. Convenience Store without Gas Pumps, Lots 1-3 by SUP only
11. Day Care Center, Adult, only one permitted in PD, Lots 1, 3 and 4 by SUP only
12. Dry Cleaning, Minor
13. Commercial Amusement, Indoor, Lots 1, 2, 5 and 6
14. Farmer’s Market, Lots 1-4
15. Furniture, Home Furnishings and Appliance Store, Lot 3
16. Health/Fitness Center, Lots 1-6
17. Insurance Office, Lots 1-6
18. Message Therapy, Licensed, Lots 1-6
19. Print Shop, Minor, Lots 1-4
20. Restaurant, Lots 1, 2, 5 and 6 only (May include outdoor entertainment in Lots 1, 5 and 6
provided speakers face west away from the single family residential to the east.)
21. Retail Stores and Shops, Lots 1-6
22. Retail Service, Indoor, Lots 1-6 only
23. Retail/Service Incidental Use, Lots 1-6
24. School, Private
25. Theatre, Neighborhood, Lots 2 and 3 by SUP only
Page 3 of 6
Exhibit D
Exhibit D is proposing six (6) buildings that includes office/retail/restaurant totally approximately
48,950. The applicant is also providing 2 residential lots with a based zoning of SF-22 toward the
rear of the property.
Parking
Parking Requirements. For parking purposes in satisfying off-street parking requirements in
Subdistrict A, Lots 1-6 are considered one lot.
The applicant has requested to utilize lots 1-6 to act as one lot to meet the minimum standards
The applicant is required 337 parking spaces based on the sqft and use on lots 1-6 and is
providing 384. Although lot 2 does not meet the minimum standards, the overall parking does
meet the minimum parking requirements.
ROW Abandonment
Staff has concerns on the abandonment of Emerald Trace. The applicant is proposing to abandon
and, in discussions, would compensation (purchase) similar to procedures of TxDOT and some
other municipalities. Town’s Subdivision Ordinance has procedures for straight abandonment,
but does not address any additionally methods or steps. Additionally, abandoning the right-of-
Page 4 of 6
way decreases ability of right-of-way to eventually be extended to land locked property as
originally intended when platted.
Residential Lots
Staff has concerns with residential lots not fronting standard public right-of-way or more specially
just on a private access easements will have issues with common day-to-day occurrences such
as postal (and on-line) deliveries, garbage pick-up, and guest parking. Applicant has provided
some measures to address these issues, but staff feels there may be situations where the
accommodations provided would not be sufficient.
Exhibit F-1, F-2 and F-3 shows a conceptual rendering of the architectural look and style of the
building.
Below is a comparison table of the request by the applicant regarding masonry
Retail District New Planned
Development
Building Materials • 90%-100 % masonry
(which includes clay
fired brick, natural
and manufactured
stone, granite,
marble, and stucco)
• The use of stucco
and EIFS are only
permitted as
secondary or accent
materials (0%-10%
maximum
allowance).
• 90%-100% (Which
includes
Architectural
Structural Block,
under the trade
name “Quik Brick” (a
4” manufactured
concrete masonry
unit) and cultured
stone
(manufactured)
individually stacked.
• Split-faced block,
architectural
concrete block, and
painted/textured
concrete tilt wall
shall be limited to a
maximum of ten
percent (0%-10%) of
any single elevation
on any pad site.
The applicant has agreed to enter into a development agreement regarding the building materials.
Below are exhibits of renderings of the building.
Page 5 of 6
Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential for the
subject property. The proposed zoning request does not conform to the comprehensive plan. The
Page 6 of 6
companion item is a Future Land Use Plan Amendment to revise the FLUP to reflect Retail and
Neighborhood Services uses.
Thoroughfare Plan – The property has direct access to the Preston Road and Emerald Tract
Drive.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property due to an existing park (Cedar Grove) toward the north. The applicant is proposing a 8’
hike and bike trail on the northeast corner (Lot 8). This trail has been planned since 2007 on the
Parks Trail Master Plan.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has received 5 Public Hearing Notice Reply Forms/ Letter in
response to this request.
Attached Documents:
1. Aerial and Zoning Maps
2. Proposed Exhibits
3. Public Hearing Notice Reply Forms/letters
Staff Recommendation:
Town staff understands that the zoning request currently does not align with the comprehensive
plan request, however the comprehensive plan allows flexible due to market demands and criteria
for amendments. Staff still has concerns with the request due to the commercial uses proximity
of the residence and Staff would recommend less intense uses such as office and increase
landscape buffers between the existing residence and proposed buildings. Staff recommends
denial of the zoning request. Should the applicant revise the request addressing the concerns,
staff would be willing to revise the recommendation upon further review.
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 (CA21-0001).
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 on this item
will be scheduled for the Town Council at their Regular meeting on October 11, 2022.
717.68FF
726.70HI
RIGHT-OF-WAY DEDICATION
PARCEL 8, PART 1
CC #20110802000807680
SANITARY SEWER EASEMENT
CC #20150909001143310
SANITARY SEWER EASEMENT
CC #2015090900143280
SANITARY SEWER EASEMENT
CC #20150909001143310
AMON
XCF
XCF
1/2" CIRF
"VORTEX" (Y)
1/2" CIRF
VORTEX (Y)
1/2" CIRF
"EAGLE" (G)
1/2" CIRF
"5310" (Y)
1/2" CIRF
"5310" (Y)
1/2" CIRF
VORTEX (Y)
1/2" CIRF
5310/Y
1/2" CIRF
"ROOME" (Y)
1/2" CIRF
"VORTEX" (Y)
1/2" CIRF
"WESTWOOD" CM1/2" CIRF (Y)
5/8" CIRF
"SPIAR" (Y)
1/2" CIRF
"VORTEX" (Y)
CM
1/2" CIRF
"VORTEX" (Y)
MQ PROSPER NORTH LLC
CC #20161229001766390
13.310 ACRES
(579,776 SQ. FT.)
NO ADDRESS AVAILABLE
STATE HIGHWAY 289[PRESTON ROAD](variable width right-of-way)LISA COULTER
TRACT1
CC #20150721000897920
SINGLE FAMILY RESIDENT
1/2" CIRF
"VORTEX" (Y)
SIDEWALK
POINT OF
BEGINNING
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2"
CIRS
1/2" CIRS1/2" CIRS
1/2" CIRS
1/2"
CIRS
N 01°26'22" E
280.61'
N 04°24'27" W
179.93'
N 02°33'29" E
192.43'
LOT 9, BLOCK A
THE SHOPS AT PROSPER TRAIL
CAB. 2016, PG. 194
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 2, BLOCK A
FRONTIER ESTATES,
PHASE 1
CAB. 2013, PG. 561
LOT 1, BLOCK D
PROSPER LAKE ON
PRESTON, PHASE 2
CAB. 2018, PG. 108
LOT 3X, BLOCK A
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 1, BLOCK A
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 1, BLOCK B
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 2, BLOCK B
LOT 3, BLOCK B
LOT 4 BLOCK B
LOT 5, BLOCK B
LOT 6, BLOCK B
ST. PETER LANE (80' right-of-way)
LINE TABLE
LINE #BEARING DISTANCE
CURVE TABLE
NO.DELTA RADIUS LENGTH CH. L CH. B
1/2" CIRS
1/2" CIRS
EMERALD TRACE
DRIVE
(50' right-of-way)
TO BE ABANDONED
& FIRELANE/ACCESS
ESMT ESTABLISHED
MM FINISHED LOTS III,
LLC
CC #20171016001381730
MM FINISHED LOTS III, LLC
CC #20171016001381730
BLAINE & STACIE MASON
CC #2018110200136858
MM FINISHED LOTS III, LLC
CC #20171016001381730
MM FINISHED LOTS III, LLC
CC #20171016001381730
PROSPER LAKE HOA
CAB. 2018, PG. 108
CITY OF PROSPER
CC #20131220010003650
BLOCK I
LOT 11
SINGLE FAMILY
RESIDENTIAL
LOT 10
SINGLE FAMILY
RESIDENTIAL
LOT 9
SINGLE FAMILY
RESIDENTIAL
LOT 8
SINGLE FAMILY
RESIDENTIAL
ALA & PAMELA
AL-KHOURI
HARI
MADHUNAPANTULA
SCOTT
HAVLOVIC
WENDY MILLS
FRONTIER ESTATES,
PHASE 3
CAB. 2016, PG. 573
VACANT
VACANT
VACANT
SF RESIDENTIAL
VACANT
VACANT
SF RESIDENTIAL
SF RESIDENTIAL
389.8
4'
N 62°
5
2'
0
3"
E223.85'S 06°10'33" E389.8
4'S 62°
5
7'
3
9"
W
S 06°07'02" E
39.97'280.07'S 05°25'34" ES 82°49'43" W
529.60'
914.83'
N 89°20'16" E
S 82°52'21" W
732.63'
N 01°25'46" E
96.43'
N 88°34'14" W
100.71'104.25'S 07°10'17" ES 55°02'25" W
63.23'ZONING EXHIBIT13.310 ACRESCOLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172TOWN OF PROSPERCOLLIN COUNTY, TEXASMQ DEVELOPMENT COMPANY4622 MAPLE AVENUE SUITE 200DALLAS, TEXAS 7521934271-Zoning08.01.20221" = 60'VICINITY MAP
NOT TO SCALE
34271.00Date :Scale :File :Project No. :G:\342\71\ENGINEERING\Exhibits\34271-Zoning.dwgTexas Engineers Registration No. 89Texas Surveyors No. 10086600 Expires 12/31/2019COPYRIGHT ã 2022, Winkelmann & Associates, Inc.No.DATEREVISIONAPPROV.Scale 1" = 60'
N
S
EW
12060030
G
e
n
t
l
e
C
r
e
e
k
HIGHPOINT
PRAIRIEVIEWNORTHERNBURLINGTONRAEWOOD
CHANDLER
PROSPER TRAIL
STATE HIGHWAY 289SITE
COIT ROADCOLEMAN STREETFUTURE LAND USE:
RESIDENTIAL
PD-RETAIL
PARK
PD FOR
RESTAURANT/RETAIL
& OFFICE USES
ZC 21-003
EXHIBIT A
FUTURE LAND USE:
RESIDENTIAL
FUTURE LAND USE:
FUTURE LAND USE:
RESIDENTIAL
RESIDENTIAL
RETAIL/
RESTAURANT/
OFFICE
Z21-0003
Statement of Purpose and Intent
MQ Development Prosper North Exhibit B
MQ Development proposes a Planned Development District to accommodate neighborhood services
development on Lots 1-8, and single family residential on Lots A and B on the 12.011-acre site located
on the east side of Preston Road, north of St. Peter Lane. The proposed planned development district
would be tailored to allow a range of restaurant and retail uses, as well as office and personal service
uses. Lots A and B would be developed with a single family residence on each lot with lot area greater
than 25,000+ square feet. Lot 8 and the eastern portion of Lot 3 would provide a transition buffer to
the existing and planned single family to the east.
The proposal would be anchored by upscale restaurant development with outdoor patios that take
advantage of a planned amenity pond. The programming of restaurants on Preston Road takes
advantage of visibility while office or other neighborhood services are planned on east side to ensure a
compatible transition to conventional single family development to the east and southeast. Moreover,
appropriate vegetative screening would provide additional separation and ensure compatibility between
properties. A north-south solid vegetive hedge along the eastern perimeter of Lot 2 and extending
through Lot 3 will screen and provide greater separation from residential to the east. Lot 2 has been
programmed with the flexibility to accommodate a boutique high end grocer, or other appropriate retail
use.
As an extension of established development on Preston Road, the proposal would carry forward high
quality building design and aesthetics of the Shops at Prosper Trail development, anchored by Kroger to
the south. Please find the enclosed building elevations exhibit for illustrations of the proposed
development. MQ Development is amenable to volunteering deed restrictions to impose a requirement
of exterior building materials at the expense of the developer. Lastly, per the Town’s request, MQ
Development has agreed to dedicate an easement and build a walking trail on Lot 8 to allow for
connection between the park to the north and trail to the east.
1
Z21-0003
EXHIBIT C
PLANNED DEVELOPMENT CONDITIONS
MQ PROSPER NORTH
A1. Statement of Effect: Lots 1-8, Subdistrict A, shall develop under the regulations of the Retail (R)
District of the Town’s Zoning Ordinance as it exists or may be amended except as otherwise set
forth herein. Lots A and B, Subdistrict B, shall develop under the regulations of the Single Family-
22 (SF-22) District of the Town’s Zoning Ordinance as it exists or may be amended except as
otherwise set forth herein.
A2. Development Plans (Retail and SF-22 Districts); Exhibit – D Concept Plan, Exhibit – E Landscape
Plan; Exhibit F-1-F3 Building Elevations; Exhibit - H Screening Plan
Permitted Uses. Subdistrict A, for Lots 1-6, conditional development standards (C) must be met
per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses shall be permitted as
a Specific Use with the approval of a specific use permit (SUP). Building and parking lot
development is prohibited on Lots 7 and 8.
List of Permitted Uses:
1. Administrative, Medical or Professional Office
2. Antique Shop
3. Artisan’s Workshop
4. Bank, Savings and Loan, or Credit Union, Lots 1-6 only
5. Bed and Breakfast Inn
6. Beauty Salon, Barber Shop, Lots 1, 2 and 3 only
7. Building Materials and Hardware Sales, Minor, Lots 1-3 only
8. Business Service, Lots 1 - 4only
9. Child Care Center, Licensed, only one permitted in PD, Lots 3 and 4by SUP only
10. Convenience Store without Gas Pumps, Lots 1-3 by SUP only
11. Day Care Center, Adult, only one permitted in PD, Lots 1, 3 and 4 by SUP only
12. Dry Cleaning, Minor
13. Commercial Amusement, Indoor, Lots 1, 2, 5 and 6
14. Farmer’s Market, Lots 1-4
15. Furniture, Home Furnishings and Appliance Store, Lot 3
16. Health/Fitness Center, Lots 1-6
17. Insurance Office, Lots 1-6
18. Message Therapy, Licensed, Lots 1-6
19. Print Shop, Minor, Lots 1-4
20. Restaurant, Lots 1, 2, 5 and 6 only (May include outdoor entertainment in Lots 1, 5 and 6
provided speakers face west away from the single family residential to the east.)
21. Retail Stores and Shops, Lots 1-6
22. Retail Service, Indoor, Lots 1-6 only
23. Retail/Service Incidental Use, Lots 1-6
24. School, Private
25. Theatre, Neighborhood, Lots 2 and 3 by SUP only
2
Permitted Uses, Subdistrict B: For Lots A and B, permitted uses are those uses allowed in the SF-
22 District, Section 5.3 of the Zoning Ordinance, Town of Prosper.
A3. Regulations. For Lots 1-8, development is subject to the Retail District except for the following
regulations:
1. Maximum Height
a. Buildings on Lots 1-6 are limited to one story and a maximum of 30 feet in height.
2. Building Setbacks
a. For Lots 1-6, the minimum building setback from an interior property line is 5 feet, except
that patios may encroach into interior lot line setbacks on Lots 1, 5 and 6. Patios may not
encroach into required landscape setbacks.
3. Maximum Floor Area: Amendment to the Concept Plan is not required for modifications to
the building floor area shown at permit application provided the following criteria is met:
a. Compliance with off-street parking regulations is maintained for the PD District as a
whole.
b. The proposed building floor area does not cause a substandard condition or violate any
other applicable development standard
c. The proposed building floor area does not exceed the following parameters for each lot:
Lot 1: 8,500 square feet; Lot 2: 26,000 square feet; Lot 3: 5,500 square feet; Lot 4: 5,000
square feet; Lot 5: 7,500 square feet; Lot 6: 6,600 square feet
A4. Regulations. For Lots A and B, development shall adhere to the regulations of the SF-22 District,
Section 5 of the Zoning Ordinance, Town of Prosper, except as provided herein.
1. Lots A and B are not required to front on a public street right-of-way provided each lot has
access to a dedicated public access, fire lane and utility easement.
2. The minimum lot width for Lot A is 85 feet and the minimum Lot width for B is 100 feet.
3. Standard street dimensions and curb and gutter standards do not apply to the mutual access
easement provided the fire lane/driveway width is a minimum of 31 feet. Sidewalk, curb and
gutter etc.
4. The mutual access easement serving Lots A and B shall be maintained and the responsibility of a
property or homeowner’s association.
A5. Design Guidelines. For Lots 1-6, the development shall adhere to the following design guidelines
if an agreement is made between the Town and the property owner:
1. Elevation Review and Approval
a. Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits
F-1, F-2 and F-3.
b. Building Materials in addition to the building materials permitted in Chapter 4, Section 8 of
the Zoning Ordinance, as exists or may be amended, such materials shall also include
Architectural Structural Block, under the trade name “Quik Brick” (a 4” manufactured
concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in
the building elevations Exhibits F-1 – F-3 which is a part herein. The clay-fired brick colors
used in Exhibits F-1 – F-3 shall be consistent throughout the Planned Development District.
Split-faced block, architectural concrete block, and painted/textured concrete tilt wall shall be
limited to a maximum of ten percent (10%) of any single elevation on any pad site.
3
A 6. Additional Standards
1. Open Space
a. Lots 7 and 8, as depicted on the Exhibit D, shall be maintained as open spaces. Lot 7 shall
contain an amenity pond
b. The amenity pond in Lot 7 shall contain an operable fountain.
c. Lots 7 and 8 improvements shall be developed at the time of construction of phase 1.
d. Lots 7 and 8 improvements shall be constructed at the developer’s cost.
e. Lots 7 and 8 shall be maintained by the property owner, or property management
association.
2. Hike and Bike Trail
a. An 8-foot wide hike and bike trail is required as noted in Lot 8.
b. The hike and bike trail shall be constructed at the time of construction of phase 1.
c. The section of hike and bike trail located on Lot 8 shall be constructed at the developer’s
cost.
3. Landscape and Screening, perimeter
a. A minimum 30-foot landscape easement is required along Preston Road in Lot 1. The
perimeter trees and shrub requirement may be satisfied through a combination of existing
and proposed trees per Landscape Plan, Exhibit G-1 and G-2.
b. A berm is required in the landscape easement along Preston Road in Lot 1. A conventional
berm is not required in the landscape easement along Preston Road in Lot 7. Alternative
berming is required in the two areas generally identified on the east side of Lot 7 on the
Concept Plan and Landscape Plan.
c. A minimum 15-foot landscape easement is required along Saint Peter Lane in Lots 4 and 5.
d. Perimeter landscaping shall generally comply with the Landscape Plan, Exhibit G-1 and G-2.
4. Landscape, parking lots. Parking lot landscaping shall comply with Section 2 of Prosper
Development Requirements.
5. Landscape Requirements for Certificate of Occupancy. All perimeter landscaping along
Preston Road and Saint Peter Lane shall be installed prior to issuance of a certificate of
occupancy (CO).
6. Lot Frontage
a. Lots are not required to front on a public right-of-way provided each lot has access to a
dedicated public access, fire lane and utility easement.
7. Perimeter Screening/Fencing. Perimeter screening and fencing shall be provided as shown
on the Perimeter Screening Plan, Exhibit H.
a. Man-made perimeter screening or fencing is not required along the following perimeters:
i. northern perimeter of Lot 1
ii. eastern northern, and southern perimeters of Lot 8
iii. the northern perimeter of Lot 3
iv. northern (a portion of) and eastern perimeter, and southern perimeter where the mutual
access easement exists of Lot 3
v. between Lots 3 and Lots A and B
vi. southern perimeter of Lot 2
b. Perimeter screening is required as follows:
i. a4-foot tall masonry wall is required for a portion of the eastern perimeter of Lot 2
ii. a 6-foot tall masonry wall along the eastern and southern perimeters of Lot 4
4
and the southern and western perimeter of Lot 5.
iii. a 6-foot tall wall along a portion of the southern perimeter of Lot 7.
8. Screening buffer requirements
a. A continuous vegetative hedge is required generally along the eastern perimeter of Lot
2 and extending through Lot 3 as shown on the Concept Plan. The vegetative hedge shall
be made of a row of shrubs that grow to a minimum height of 8 feet at maturity. A row
of trees is also required in the 15’ Landscape Setback as noted in Lots 2 and 3 on the
Concept Plan and Landscape Plan.
b. A perimeter screening buffer is not required along the southern perimeter of Lot 3 due
to an established mutual access easement provided the following conditions are met:
i. Parking spaces or loading areas are located a minimum of 30 feet from the southern
property line
ii. Buildings are located a minimum of 30 feet from the southern property line
iii. Three canopy trees are provided along the southern elevation of Building 3
9. Parking Requirements. For parking purposes in satisfying off-street parking requirements
in Subdistrict A, Lots 1-6 are considered one lot.
A 7. Additional Provisions:
Restaurants located on Lots 1, 5 and 6 may have outdoor dining patios oriented toward the open space
(Lot 7).
Detention facilities are permitted to be dry ponds, subject to compliance with Town of Prosper
Stormwater Regulations, and review and approval by Town Engineering.
(80' right-of-way)[PRESTON ROAD](variable width right-of-way)(50' right-of-way)ã VICINITY MAP
NOT TO SCALE
N
S
EW
·
·
3" Cal.
(4) QUE VIR
3" Cal.
(3) QUE SHU
3" Cal.
QUE SHU (4)
3" Cal.
ACE CDD (5)
3" Cal.
ACE CDD (4)
3" Cal.
QUE SHU (6)
7 gal.
(22) LEU FRU
3" Cal.
(1) CER CAN
3" Cal.
(2) QUE SHU
3" Cal.
QUE VIR (2)
3" Cal.
(4) ULM CRA
3" Cal.
(3) PIS CHI
3" Cal.
(5) ULM CRA
3" Cal.
(3) PIS CHI
3" Cal.
(3) PIS CHI
7 gal.
(25) HES PAR
3" Cal.
(2) QUE SHU
3" Cal.
(2) QUE VIR
3" Cal.
(2) ULM CRA
3" Cal.
(5) ACE CDD
3" Cal.
(2) PIS CHI
3" Cal.
(3) QUE VIR
3" Cal.
(3) QUE VIR
3" Cal.
(2) ULM CRA
3" Cal.
(2) ACE CDD
3" Cal.
(2) QUE SHU
3" Cal.
PIS CHI (2)
7 gal.
LEU FRU (24)
3" Cal.
(2) ULM CRA
3" Cal.
(4) ULM CRA
3" Cal.
QUE SHU (1)
45 gal.
(3) ILE DEC
45 gal.
(3) ILE DEC
45 gal.
(3) LAG DA2
45 gal.
ILE DEC (3)
45 gal.
(4) LAG T31
45 gal.
(4) LAG T31
3" Cal.
PIS CHI (1)
45 gal.
ILE DEC (6)
3" Cal.
(3) ACE CDD
3" Cal.
ACE CDD (1)
10 gal.
(15) ILE NEL
45 gal.
VIT CHA (1)
45 gal.
VIT CHA (1)
45 gal.
VIT CHA (1)
45 gal.
VIT CHA (1)
3" Cal.
CER CAN (3)
3" Cal.
CER CAN (3)
3" Cal.
CER CAN (2)
3" Cal.
CER CAN (5)
7 gal.
ILE NAN (32)
7 gal.
LEU FRU (31)
7 gal.
YUC MUL (17)
7 gal.
HES PAR (24)
7 gal.
LEU FRU (57)
7 gal.
ILE NAN (56)
7 gal.
YUC MUL (48)
7 gal.
HES PAR (65)
3" Cal.
QUE VIR (2)
3" Cal.
(3) CER CAN
3" Cal.
QUE SHU (3)
3" Cal.
CER CAN (6)
3" Cal.
ACE CDD (2)
3" Cal.
ULM CRA (2)
7 gal.
HES PAR (7)
3" Cal.
ACE CDD (2)
3" Cal.
(1) CER CAN
10 gal.
(17) ILE NEL
3" Cal.
(1) PIS CHI
7 gal.
(13) LEU FRU
7 gal.
(5) YUC MUL
7 gal.
(16) HES PAR
7 gal.
(52) ILE NAN
7 gal.
LEU FRU (26)
7 gal.
ILE NAN (44)
7 gal.
HES PAR (14)
7 gal.
YUC MUL (5)
3" Cal.
(2) PIS CHI
10 gal.
(18) ILE NEL
45 gal.
LAG T31 (2)
3" Cal.
(1) QUE SHU
3" Cal.
(6) QUE VIR
3" Cal.
(2) PIS CHI
45 gal.
(9) JUN EAS
45 gal.
(18) JUN EAS
3" Cal.
(6) QUE VIR
45 gal.
(4) LAG DA2
3" Cal.
PIS CHI (4)
3" Cal.
ULM CRA (3)
3" Cal.
CER CAN (5)
3" Cal.
(1) PIS CHI
3" Cal.
ULM CRA (3)
3" Cal.
(4) CER CAN
10 gal.
(16) ILE NEL
3" Cal.
(2) QUE VIR
3" Cal.
(3) PIS CHI
45 gal.
(4) ILE DEC
3" Cal.
CER CAN (4)
3" Cal.
(3) ULM CRA
3" Cal.
(3) QUE VIR
3" Cal.
(2) QUE SHU
3" Cal.
(2) PIS CHI
7 gal.
(48) HES PAR
7 gal.
ILE NAN (41)
3" Cal.
(4) CER CAN
10 gal.
ILE NEL (20)
7 gal.
LEU FRU (33)
10 gal.
ILE NEL (12)
45 gal.
VIT CHA (2)
7 gal.
(21) LEU FRU
3" Cal.
(2) ULM CRA
3" Cal.
ULM CRA (1)
3" Cal.
ULM CRA (2)
3" Cal.
PIS CHI (3)
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED
IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT
REGISTRATION NUMBER 2672) ON 08/29/22 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND
REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
1921 MAPLEWOOD DR
WEATHERFORD, TX 76087 682-215-9151
PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN
50'0'
THIS LANDSCAPE PLAN IS PROVIDED TO SHOW REQUIRED LANDSCAPING TO
MEET TOWN OF PROSPER CODES. THERE ARE EXISTING TREES ON SITE THAT
MAY BE PRESERVED AND/OR MITIGATED BASED ON FINAL GRADING. PERMIT
DRAWINGS WILL REFLECT EXISTING TREES AND PRESERVATION/MITIGATION.
TREES PRESERVED WITH FINAL GRADING MAY OR MAY NOT COUNT TOWARDS
REQUIRED LANDSCAPING AS DEFINED IN TOWN LANDSCAPE ORDINANCE.
09/15/22
100'ã TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
ACE CDD 24 Acer saccharum `Caddo`Caddo Sugar Maple 3" Cal.12` Height Min As Shown
CER CAN 43 Cercis canadensis Eastern Redbud 3" Cal.8`As Shown
ILE DEC 19 Ilex decidua Possumhaw Holly 45 gal.8`As Shown 3" caliper Min.
JUN EAS 27 Juniperus virginiana Eastern Redcedar 45 gal.8`-10` Ht.3" caliper Min.
LAG DA2 7 Lagerstroemia indica `Dallas Red`Red Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min.
LAG T31 11 Lagerstroemia indica `Tuscarora`Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min.
PIS CHI 35 Pistacia chinensis Chinese Pistache 3" Cal.10` Min.As Shown
QUE SHU 30 Quercus shumardii Shumard Red Oak 3" Cal.12` Height Min As Shown
QUE VIR 32 Quercus virginiana Southern Live Oak 3" Cal.12` Height Min As Shown
ULM CRA 37 Ulmus crassifolia Cedar Elm 3" Cal.12` Height Min As Shown
VIT CHA 6 Vitex agnus-castus Chaste Tree 45 gal.8`As Shown 3" Caliper Min.
SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
HES PAR 200 Hesperaloe parviflora Red Yucca 7 gal.18"-24"48" O.C.
ILE NAN 225 Ilex vomitoria 'Nana'Dwarf Yaupon Holly 7 gal.18"-24"36" O.C.
ILE NEL 98 Ilex x `Nellie R. Stevens`Nellie R. Stevens Holly 10 gal.36" Min 48" O.C.
LEU FRU 223 Leucophyllum frutescens Texas Sage 7 gal.24"-36"48" O.C.
YUC MUL 75 Yucca recurvifolia Soft Leaf Yucca Multi-Trunk 7 gal.18"-24"48" O.C.
GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS
CYN DAC 157,309 sf Cynodon dactylon Bermuda Grass Hydro-Mulch
NAS PON 5,870 Nassella tenuissima `Pony Tails`Mexican Feathergrass 4" pots 18" O.C.18" o.c.
PLANT SCHEDULE
NOTE:
THIS PLAN IS CONCEPTUAL IN
NATURE AND THE DETAIL PER THE PD
AND TOWN ORDINANCE WILL BE
PROVIDED WITH THE SP/PSP.
COMBINATION 4' RETAINING
WALLS AND LANDSCAPE TO
PROVIDE MINIMUM 8' SCREEN
TRAIL BRIDGE
09/15/22
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED
IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT
REGISTRATION NUMBER 2672) ON 08/29/22 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND
REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
1921 MAPLEWOOD DR
WEATHERFORD, TX 76087 682-215-9151
PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN ã LOT 1 LOT 2 LOT 3 LOT 4 LOT 5
LOT 6 LOT 7 LOT 8
1
Pamela Clark
From:Colleen Berlinger <colleenberlinger@gmail.com>
Sent:Wednesday, September 14, 2022 9:43 PM
To:Brandon Daniel; Sarah Peterson; Damon Jackson; sekou_harris@prospertx.gov; Michael Pettis; Doug
Charles; Tommy Van Wolfe; David Soto; Paul Rodriguez; Pamela Clark; Douglas Braches
Subject:[*EXTERNAL*] - Don Silverman-MQ Development/Re-Zoning Preston Rd.
Follow Up Flag:Follow up
Flag Status:Flagged
***** 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. *****
Good Morning,
I wanted to share my opposition and concern about the proposed rezoning of the land north of the Prosper Kroger on
Preston Rd, which is set to be discussed at the September 10, 2022 meeting. Unfortunately I am unable to attend in
person.
This property is adjacent to a street in our neighborhood, where homeowners spent significant sums of money for their
'premium lots' due to the location, privacy and the greenspace area behind them. They are now facing having their
home values plummet by having a commercial complex built behind their homes. This is completely unacceptable and
in my opinion would be irresponsible for the town to approve. What is next, The Montclair, the old Deion Sanders
property? You should not be approving communities and then changing the aesthetic of them once something else
comes along.
I am also concerned about what effects the building and regrading are going to have on the area where the current
retention pond in Prosper Lake on Preston overflows to. If the area is disturbed and not handled appropriately it could
very well cause the retention pond to overflow and flood homes in the adjacent area.
Our home is at the opposite end of the overflow/outlet but this is a very real concern for us. Previously we lived in a
home that flooded for a similar issue. Our former town redirected water into a retention pond next to our home, we
had a heavy rain and our entire neighborhood flooded causing massive damage, service interruptions, and health
issues. I do not want to experience that again.
Finally, all I can ask is that each of you come walk the area and think about what your reaction would be to the proposed
changes if you owned a home on Dublin Ridge or any property in Prosper Lake on Preston?
Thank you for your thoughtful consideration.
Respectfully,
Colleen Berlinger
1711 Lakefront Dr.
1
Pamela Clark
From:David Soto
Sent:Friday, September 16, 2022 4:09 PM
To:Douglas Braches
Subject:FW: [*EXTERNAL*] - Objection to Zoning change
David I. Soto
Planning Manager
972.569.1095
250 W. First Street
Town of Prosper
www.prospertx.gov
‐‐‐‐‐Original Message‐‐‐‐‐
From: Don Larrenaga <dllarrenaga@gmail.com>
Sent: Friday, September 16, 2022 4:04 PM
To: David Soto <dsoto@prospertx.gov>
Subject: [*EXTERNAL*] ‐ Objection to Zoning change
***** 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.
*****
Dear Mr Soto,
I live at 1521 Saint Peter Ln, Prosper, Tx.
I want to formally object to a zoning change to the property directly behind my house. I bought my home know the
property behind my house was not zoned commercial. A zoning change will drastically reduce the value of my property
as well as my neighbors. I am out of town for business until 9‐26‐22. I will file a file a written objection to any zoning
changes upon my return. Once again I want to express my adamant objections to any zoning changes to the property
behind my home.
Thank you,
Don Larrenaga
Sent from my iPhone
1
Pamela Clark
From:Jayson Maslowski <jayson.maslowski@gmail.com>
Sent:Tuesday, September 13, 2022 4:03 PM
To:Douglas Braches
Subject:[*EXTERNAL*] - RE: Public Hearing Notice Z21-0003 MQ Prosper North
***** 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. *****
Doug,
Thank for sending the forms over. For the record, my wife and I strongly oppose zoning case: Z21‐0003. We oppose to
the residental property because it is too close to our walking path, it would cause the destruction of mature trees, we
oppose the extention of the walking path that would look into our backyard, retail spaces too close to our property and
would have a view into our back yard and finally we don't want to hear the additional traffic that this would generate.
Please save our response in the case file.
I will be sending in my written response and plan on attending the formal meeting.
Thank you,
Jayson Maslowski
1601 Dublin Ridge Dr
Prosper TX 75078
Ph: 603‐501‐9158
‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐
From: Douglas Braches <DBraches@prospertx.gov>
Date: 9/13/22 3:50 PM (GMT‐06:00)
To: jayson.maslowski@gmail.com
Subject: Public Hearing Notice Z21‐0003 MQ Prosper North
Hello,
See attached for the public hearing notice for zoning case Z21‐0003.
Feel free to email me back any comments or reply that you have and I will save it to our case file.
2
Thank you and if you have any questions please let me know,
Doug Braches
Planning Technician
Town of Prosper
250 W. First Street
Prosper, TX 75078
972‐569‐1097
DBraches@prospertx.gov
www.prospertx.gov
Confidentiality notice: This email and any files accompanying its transmission are intended only for the recipient to
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received this in error, please notify the sender by return email and then remove it immediately from your system.
Page 1 of 3
To: Planning & Zoning Commission Item No. 5
From: David Soto, Planning Manager
Re: Planning & Zoning Commission Meeting – September 20, 2022
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use
Plan from Residential Low Density to Retail and Neighborhood Services, generally located,
located on the east side of Preston Road, north of St. Peter Lane. This is a companion case to
Z21-0003. (CA22-0001).
Description of Agenda Item:
Town staff has received a request to rezone 13.3± acres from Single Family-15 (SF-15) to
Planned Development-Retail (PD-R), generally to allow for an office/retail development. The
applicant is proposing to introduce a new Planned Development that includes but not limited to
permitted uses, development regulations, and design guidelines, located on the east side of
Preston Road, north of St. Peter Lane. Zoning Case Z21-0003. The applicant is also providing
2 residential lots with a based zoning of SF-22 toward the rear of the property.
Rezoning requests, which do not conform, to the Future Land Use Plan shall be accompanied
by a request to amend the Future Land Use Plan. The Comprehensive Plan document
anticipates the Town will encounter “development proposals that do not directly reflect the
purpose and intent of the land use pattern as shown on the Future Land Use Plan map.”
Land use districts designated on the Future Land Use Plan are intended to depict general areas
where land uses are considered appropriate for an area, and such districts are not intended to
be parcel specific. If the Planning & Zoning Commission and Town Council believe the property
located on the east side of Preston Road, north of St. Peter Lane is more appropriately
classified as Retail and Neighborhood Services on the Future Land Use Plan, then it would be
appropriate to reclassify the property.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 3
See below for proposed plan amendment. Images of the existing and proposed amendment are
shown below.
Existing
Proposed
Page 3 of 3
At the time of the 2012, the expected build out capacity population was approximately 60,485
population excluding Artesia. As mentioned below with that capacity, 757.9 acres would be the
maximum supported. The latest 2022 expected buildout capacity population is approximately
71,000. Approximately 300 acres was added since the 2012 comprehensive plan, however,
11,000 residences were also added to the expected build out capacity.
Retail Assumptions Comp. Plan Total Acres Retail Acres per Category
Neighborhood Services * 938 656.6
Town Center ** 340 153
Tollway District *** 1236 123.6
US 380 **** 949 94.9
Total 3463 1028.1
*Assumed 70% retail component
**Assumed 45% retail component
***Assumed 10% retail component
****Assumed 10% retail component
Page 4 of 3
Comprehensive Factors
Per the comprehensive plan, additional neighborhood services retail zoning should be avoided.
Nodal retail activity should be concentrated at primary intersections, and the “four corner”
principle should be avoided to reduce the possibility of an oversupply of retail acreage. Strip
center development along major roadways should also be avoided, as the plan recommends.
The consequences of an oversupply of retail may include:
• Vacant, underutilized land;
• Lower rental rates leading to
undesirable uses;
• Pressures for additional multifamily to
fill vacant parcels; and
• Blighted corridors.
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.”
The applicant provided the attached letter (attachment 3), in response.
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.Please see the response to each
criteria listed below.
• Will the proposed change enhance the site and the surrounding area?
o The proposed use will enhance the surrounding area by providing additional
neighborhood services for established residential neighborhoods. The developer
has interested restaurants in demand of this location and unique natural features of
the property.
• Is the proposed change a better use than that originally envisioned and depicted
on the Future Land Use Plan map?
o The proposed change in use is optimal to single family residential given the
aforementioned physical and financial challenges. Neighborhood services will
support existing and prospective residential neighborhoods while avoiding a sub-
optimal single family development on the subject property that could negatively
impact prevailing residential property values.
• Will the proposed use impact adjacent residential areas in a negative manner?
o The limited single family development of Lots A and B with large lots will allow for
high priced residences that preserve or enhance the prevailing housing stock of
Prosper. The proposal will not impact residential areas in a negative way.
Negative impacts will be avoided by the implementation of careful site planning,
use restrictions, and development parameters.
• Will the proposed use be compatible with and/or enhance adjacent residential
uses?
Page 5 of 3
o The proposal for a Planned Development will set forth appropriate safeguards to
ensure compatibility with adjacent residential uses. Measures and parameters
such as use limitation, building height and setbacks, and landscaping and
buffering will allow a harmonious juxtaposition of uses while providing
conveniently located neighborhood services. Moreover, the planned north-to-
south solid vegetative hedge and the natural tree line along the eastern perimeter
will remain and act as a buffer for the residences to the east.
• Are uses adjacent to the proposed use similar in nature in terms of appearance,
hours of operation, and other general aspects of compatibility?
o Adjacent uses are residential and a planned city park to the north. The proposed
architectural building scale of one-story, and residential design aligns with the
general look and feel of the adjacent residential housing stock. Prospective
businesses will have reasonable operating hours. Any restaurants would be
located on lots closer to Preston Road, more than 400 feet from residential
properties outside of the PD. Operations will be managed so as to not cause any
detrimental impacts to residential properties. Measures will be taken to avoid
noise nuisance and light pollution spilling into adjacent residential
neighborhoods.
• Does the proposed use present a significant benefit to the public health, safety,
welfare and/or social well-being of the community?
o The proposed use presents significant benefit to the public health safety, welfare
and/or social well-being of the community by encouraging destination sit down
restaurants fronting a beautiful amenity pond near a city park. Additional
neighborhood services will provide convenient goods and services for the
community.
• Would it contribute to the Town’s long-term economic stability?
o See attachment #3
The Plan also recommends that “it is important to recognize that proposals not directly
consistent with the Plan could reflect higher and better long-term uses than those originally
envisioned and shown on the Future Land Use Plan map for a particular area. This may be due
to changing markets, demographics and/or economic trends that occur at some point in the
future after the Plan is adopted. If such changes occur, and especially if there are
demonstrated significant social and/or economic benefits to the Town of Prosper, then these
proposals should be approved and the Future Land Use Plan map should be amended
accordingly.”
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:
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 (CA21-0001).
Page 6 of 3
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 October 11, 2022.
FUTURE LAND USE MAP AMENDMENT
MQ Prosper North
MQ Development Company requests amendment to the Future Land Use Map (FLUM) of the Town
of Prosper Comprehensive Plan. The FLUM calls for single family. Through extensive due diligence
and site planning exercises, it was determined that physical characteristics of the site make
conventional single-family development for most of the site impractical from standpoints of both
prospective homeowner desirability and economic viability.
The irregular shape, topography and flood plain play a role in optimal use type for the property.
There is a creek and low areas that traverse the western perimeter, the north central, and eastern
sections of the property. To generate the necessary lot yield, residential lots would be planned along
the northern perimeter, requiring additional grading and tree removal. The creek makes residential
pad site layout a challenge and compromises necessary yields to build out necessary public
infrastructure including a public street.
The costs associated with the significant grading required would far outweigh economic benefits of a
limited residential lot yield. Financial feasibility notwithstanding, the lot layout necessary to make
the project work, would be a compact and efficient cookie cutter rectangular pattern, creating and
uninspiring and underwhelming development that could fall short of the high standard of aesthetics
and quality expected in Prosper. Moreover, it would place residential back yards up against the
existing residential homes along the southern perimeter, unnecessarily crowding existing neighbors.
In contrast, the property with its adjacency to Preston Road and topography, is better suited for
non- residential uses that serve residential development. The proposal would preserve a certain
degree of trees and grade along the northern perimeter. Lot 8 is planned as open space, preserving
the natural treed areas. Commercial development also allows greater building setbacks and larger
perimeter buffers from the adjacent properties, instead of smaller residential yards with back to back
lots.
The PD would ensure that the appropriate type of uses are allowed and at the right scale given these
residential adjacencies. A carefully planned, limited scaled neighborhood service development can
be site planned to take advantage of the natural topography, maintain vistas that take advantage of
a planned amenity pond, and integrates with the physical features of the property. Moreover,
creating Lot 8 and Lots A and B for residential provide an excellent transition buffer to established
single family subdivisions to the northeast, east and southeast.
Please consider the following considerations from the Comprehensive Plan in evaluating
amendment to the FLUM to accommodate the proposal:
• The proposed use will enhance the surrounding area by providing additional
neighborhood services for established residential neighborhoods. The developer has
interested restaurants in demand of this location and unique natural features of the
property.
• The proposed change in use is optimal to single family residential given the
aforementioned physical and financial challenges. Neighborhood services will support
existing and prospective residential neighborhoods while avoiding a sub-optimal single
family development on the subject property that could negatively impact prevailing
residential property values.
• The limited single family development of Lots A and B with large lots will allow for high
priced residences that preserve or enhance the prevailing housing stock of Prosper.
• The proposal for a Planned Development will set forth appropriate safeguards to ensure
compatibility with adjacent residential uses. Measures and parameters such as use
limitation, building height and setbacks, and landscaping and buffering will allow a
harmonious juxtaposition of uses while providing conveniently located neighborhood
services. Moreover, the planned north-to-south solid vegetative hedge and the natural
tree line along the eastern perimeter will remain and act as a buffer for the residences to
the east.
• The proposal will not impact residential areas in a negative way. Negative impacts will
be avoided by the implementation of careful site planning, use restrictions, and
development parameters.
• Adjacent uses are residential and a planned city park to the north. The proposed
architectural building scale of one-story, and residential design aligns with the general look
and feel of the adjacent residential housing stock. Prospective businesses will have
reasonable operating hours. Any restaurants would be located on lots closer to Preston
Road, more than 400 feet from residential properties outside of the PD. Operations will be
managed so as to not cause any detrimental impacts to residential properties. Measures will
be taken to avoid noise nuisance and light pollution spilling into adjacent residential
neighborhoods.
• The proposed use presents significant benefit to the public health safety, welfare and/or
social well-being of the community by encouraging destination sit down restaurants
fronting a beautiful amenity pond near a city park. Additional neighborhood services will
provide convenient goods and services for the community.