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02.28.23 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: https://prospertx.new.swagit.com/views/378/ Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the Town Council meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session of the Town Council. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Presentation of a Proclamation declaring February 28, 2023, as Prosper Community Library Day. (LS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 28, 2023 6:15 PM Page 1 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. 2. Consider and act upon the minutes from the February 14, 2023, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes from the February 14, 2023, Town Council Regular meeting. (MLS) 4. Consider and act upon the minutes from the February 18, 2023, Town Council Work Session meeting. (MLS) 5. Consider and act upon an ordinance canceling the May 6, 2023 General Election. (MLS) 6. Receive the Quarterly Investment Report. (CL) 7. Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. (CL) 8. Consider and act upon approval of annual software maintenance and operational open purchase orders with MCCi, for the Information Technology Department during FY 2023. (LJ) 9. Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk Management Consultant services for the Town of Prosper, effective February 28, 2023, and authorizing the Town Manager to execute all documents for the same. (JE) 10. Consider and act upon approving an update to the Library Policies. (LS) 11. Receive the 2022 Annual Racial Profiling Report for the Prosper Police Department as required by state law. (DK) 12. Consider and act upon an ordinance to rezone for a Specific Use Permit for a Restaurant with Drive-Through Service on 1.12± acres, located on the north side of US 380, west of Custer Road. (S22-0002) (DS) 13. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Eric Walker, and the Town of Prosper, Texas, related to the Prosper Plaza development, located on the north side of US 380, west of Custer Road. (DS) 14. Consider and act upon an ordinance to amend a Specific Use Permit-19 (S-19) for a Child Care Center, licensed on 2.3± acres, located on the north side of Prairie Drive, west of Legacy Drive. (S22-0010) (DS) 15. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Srkmer Real Estate Holding 2 LLC, and the Town of Prosper, Texas, related to the Prosper Center development, located on the north side of Prairie Drive, west of Legacy Drive. (DS) 16. Consider and act upon an ordinance for a Specific Use Permit for a new Wireless Communications and Support Structure, on .05± acre, located on the north side of Prosper Trail, west of Legacy Drive. (S22-0011) (DS) Page 2 Page 3 of 4 17. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Anthemnet Inc, and the Town of Prosper, Texas, related to the Legacy Tower, located on the north side of Prosper Trail, west of Legacy Drive. (DS) 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 Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins. 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: 18. Conduct a public hearing and consider and act upon a request to amend Planned Development-94 (PD-94), for the Westside Development, on 63.7± acres., located northside of University Drive and east of FM 1385. (Z22-0020) (DS) 19. Conduct a public hearing and consider and act upon a request to rezone 34.7± acres from Commercial District (C) to a new Planned Development for Mixed Use, located northside of Prosper Trail and west of Dallas Parkway. (Z22-0019) (DS) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 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 and all matters incident and related thereto. 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 551.071 - Raphael Sanseverino v. Town of Prosper, Case No. 429-00932- 2020, pending in the 429th Judicial District Court of Collin County. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, and the Community Engagement Committee, and all matters incident and related thereto. Page 3 Page 4 of 4 Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 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 r eadily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, February 24, 2023, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ 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 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. Page 4 Page 1 of 2 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 3:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Charles Cotten Council Members Absent: Councilmember Chris Kern Staff Members Present: Bob Scott, Interim Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Robyn Battle, Executive Director of Community Services Chuck Ewings, Executive Director of Development and Infrastructure Services Hulon Webb, Engineering Director Dan Heischman, Assistant Director of Engineering Services David Soto, Planning Manager Dan Baker, Parks and Recreation Director Frank Jaromin, Public Works Director Scott Brewer, Assistant Police Chief Items for Individual Consideration 1. Discussion regarding submittal checklists for Planned Developments. (DS) Mr. Soto recapped the information previously presented from the last work session. Staff is seeking feedback/direction on the level of detail to be submitted on a Conceptual Development Plan. Three options were presented from bubble diagrams to conceptual to a very detailed plan. The Town Council discussed how submittals align with other municipalities, existing design regulations/standards of a development, what happens when concepts move within a plan, using “triggers” or “conditions” within a PD, the current process for developers, and when an existing PD requests to be modified/updated. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 14, 2023 Page 5 Item 2. Page 2 of 2 The consensus of the Town Council was to have a conceptual plan, and to use the Development Standards to apply additional guidelines within the development. Adjourn. The meeting was adjourned at 4:00 p.m. These minutes approved on the 28th day of February 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 2. Page 1 of 5 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 4:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Charles Cotten Council Members Absent: Councilmember Chris Kern Staff Members Present: Bob Scott, Interim Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Robyn Battle, Executive Director of Community Services Chuck Ewings, Executive Director of Development and Infrastructure Services Hulon Webb, Engineering Director Dan Heischman, Assistant Director of Engineering Services Chris Landrum, Finance Director David Soto, Planning Manager Leigh Johnson, IT Director Frank Jaromin, Public Works Director Dan Baker, Parks and Recreation Director Whitney Rehm, Grants Administrator Mary Ann Moon, EDC Executive Director Todd Rice, Communications Manager Stuart Blasingame, Fire Chief Scott Brewer, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mike Martin with Hope Fellowship Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Cotten made the following announcements: Join us on Saturday, February 18 from 9 to 11 a.m. for the Prosper Fishing Derby at the Frontier Park Pond, located at 1551 Frontier Pkwy. The Prosper Fishing Derby is a friendly competition for kids and a relaxing morning for the entire family. Judges will be stationed around the pond to chart fish caught and prizes will be awarded at 11 a.m. The event is free of charge and registration is not required. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 14, 2023 Page 7 Item 3. Page 2 of 5 The Downtown Prosper Park Public Input Survey is underway. Town residents and Prosper business owners are encouraged to watch a descriptive video and respond to the survey to share thoughts and visions for the park. Developing the Downtown Prosper Park will add an exciting, yet passive, dimension to the revitalization of the downtown area. Residents may access the video and survey through the Parks and Recreation page on the Town’s website. The survey will remain open through March 1. Get to know your local police officers and connect with your neighbors over coffee and a casual conversation. Bring the kids along and feel free to ask questions while you're here! This event will take place on Wednesday, March 1 from 7:30-9:30 a.m. at 1418 Coffee in Downtown Prosper located at 102 East Broadway. Mayor Bristol recognized and presented Mr. Scott with a Mayor’s Coin for serving as Interim Town Manager. 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. 1. Consider and act upon the minutes from the January 24, 2023, Town Council Work Session meeting. (MLS) 2. Consider and act upon the minutes from the January 24, 2023, Town Council Regular meeting. (MLS) 3. Consider and act upon Ordinance 2023-14 ordering a General Election to be held on May 6, 2023, for the purpose of electing a Councilmember Place 3 and Councilmember Place 5; designating location of polling places; ordering notices of election to be given as prescribed by law and authorizing the Interim Town Manager to execute contracts with Collin County and Denton County Election Departments for joint election services. (MLS) 4. Consider and act upon Ordinance 2023-15 by the Town Council, acting as the Board of Directors of the Crime Control and Prevention District, ordering a Special Election to be held May 6, 2023, for the purpose of submitting to the qualified voters a referendum on the continuation of the Town of Prosper Crime Control and Prevention District for twenty (20) years, and a sales and use tax at the rate of one-fourth of one percent dedicated to crime control and prevention programs. (MLS) 5. Consider and act upon Ordinance 2023-16 by the Town Council, acting as the Board of Directors of the Fire Control, Prevention and Emergency Medical Services District, ordering a Special Election to be held May 6, 2023, for the purpose of submitting to the qualified voters a referendum on the continuation of the Town of Prosper Fire Control, Prevention and Emergency Medical Services District for twenty (20) years, and a sales and use tax at the rate of one- fourth of one percent dedicated to fire safety and emergency medical services programs. (MLS) 6. Consider and act upon approving the purchase of a subscription for weather alert software (web + mobile) from Perry Weather Consulting, Inc., for Frontier Park, Folsom Park, and Eagles Landing Park, and authorizing the Interim Town Manager to execute documents for the same. (DB) Page 8 Item 3. Page 3 of 5 7. Consider and act upon approving the purchase of Public Safety, Firehouse Supplies, and Equipment through the Texas Local Government Purchasing Cooperative from GT Distributors, Inc. (SB) 8. Consider and act upon approving a unit price, as needed contract, between DHS Automation Inc., a sole source provider, and the Town of Prosper, Texas, related to SCADA, maintenance, and water and wastewater electrical services and repair; and authorizing the Interim Town Manager to execute documents for the same. (FJ) 9. Consider and act upon approving the purchase and installation of streetlights from Groves Electrical Services, Inc., through the Texas Local Government Purchasing Cooperative; and authorizing the Interim Town Manager to execute documents for the same. (FJ) 10. Consider and act upon the purchase of ammunition and range supplies from GT Distributors Inc., utilizing the Buyboard Contract #603-20; and authorizing the Interim Town Manager to execute documents for same. (DK) 11. Consider and act upon Resolution 2023-17 authorizing the Interim Town Manager, and/or his/her designee, to apply for the Office of the Governor, FY 2024 Criminal Justice Division, General Victim Assistance Grant Program and consider and act upon authorizing the Interim Town Manager and/or his/her designee to accept the Office of the Governor, FY 2024 Criminal Justice Division, General Victim Assistance Grant Program upon award. (DK) 12. Consider and act upon authorizing the Interim Town Manager, and/or his/her designee, to accept the award for the Office of the Governor, Criminal Justice Division, Bullet Resistant Shield Grant Program, FY2023. (DK) 13. Consider and act upon Resolution 2023-18 authorizing the Interim Town Manager, and/or his/her designee, to apply for the Office of the Governor, Homeland Security Grants Division, 2022 SHSP – Town of Prosper SWAT Communication Headsets Project Grant and consider and act upon authorizing acceptance of the Office of the Governor, Homeland Security Grants Division, 2022 SHSP – Town of Prosper SWAT Communication Headsets Project Grant, if awarded. (DK) 14. Consider and act upon awarding RFP No. 2022-57-B Comprehensive Broadband Analysis to Lit Communities, related to the EDA Prosper Subregional Broadband Assessment & Strategy Project, and authorizing the Interim Town Manager execute an agreement for the same. (MM) 15. Consider and act upon authorizing the Interim Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Water, Wastewater, and Roadway Impact Fee Update project. (HW) 16. Consider and act upon authorizing the Interim Town Manager to execute Contract Amendment No. 2 to the Professional Services Agreement, between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation project. (HW) 17. Consider and act upon Ordinance 2023-19 granting a non-exclusive gas franchise to Atmos Energy Corporation and repealing Ordinance No. 2023-02. (RBS) Page 9 Item 3. Page 4 of 5 18. Consider authorizing the Interim Town Manager to execute on behalf of the Town settlement documentation relative to the State of Texas’ and other governmental entities’ litigation against Allergan, CVS, Walmart and Walgreens for the marketing, sale and dispensing of opioids, and to take all actions incident and related thereto. (TW) 19. Consider and act upon Ordinance 2023-20 to rezone 0.177± acres from Single Family-15 (SF-15) to Downtown Office (DTO), on Lots 10A & 11B, located on the north side of Broadway Street, east of Coleman Street. (Z22-0017). (DS)) Councilmember Ray requested to pull item 18. Councilmember Ray made a motion to approve consent agenda items 1 through 17 and 19. Mayor Pro-Tem Hodges seconded that motion, and the motion was unanimously approved. Councilmember Ray left the dais. Councilmember Bartley made a motion to approve consent agenda item 18. Councilmember Cotten seconded that motion, and the motion passed with a 5-0 vote. Councilmember Ray returned to the dais. CITIZEN COMMENTS No comments were made. There were no regular session items. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Ray requested an update on the medians and luminaries on Preston Road. Councilmember Cotten requested to schedule a Capital Improvements Sub Committee meeting to discuss CIP projects. 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 and all matters incident and related thereto. 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 appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, and the Community Engagement Committee, and all matters incident and related thereto. Section 551.071 - Litigation update. Page 10 Item 3. Page 5 of 5 The Town Council recessed into Executive Session at 4:26 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 6:06 p.m. Mayor Pro-Tem Hodges made a motion to appoint Cameron Reeves to the Planning and Zoning Commission. Councilmember Bartley seconded that motion. Motion passed with a 5-0 vote. Councilmember Cotten was not present during the vote. Adjourn. The meeting was adjourned at 6:06 p.m. These minutes approved on the 28th day of February 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 11 Item 3. Page 1 of 2 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 8:11 a.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Bob Scott, Executive Director of Administrative Services Bret Bauer, Government Professional Services Items for Individual Consideration 1. Discuss the strategic vision and goals for the Town. The Town Council began with a visioning exercise and discussion of the previously held strategic planning sessions. The Town Council recessed from 10:00 a.m. to 11:00 a.m. to at tend the Fishing Derby. Councilmembers Ray and Cotten arrived at 11:00 a.m. The Town Council reconvened by breaking into groups to continue prioritizing goals, which was narrowed down by one group to: Excellence, Intentional, Texanic (word to communicate attitude of friendliness and community), and the other group narrowed it down to: excellence, Community-Oriented, and Downtown. Staff will develop specific actions to implement the vision based on discussed guidelines of a stable tax rate, increasing property values, and municipal excellence. The Town Council requested a follow up session for further discussion. Adjourn. The meeting was adjourned at 3:02 p.m. MINUTES Prosper Town Council Work Session Prosper Police Department – Multipurpose Room 801 Safety Way, Prosper, Texas Saturday, February 18, 2023 Page 12 Item 4. Page 2 of 2 These minutes approved on the 28th day of February 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 13 Item 4. Page 1 of 1 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director of Community Services Re: Canceling May General Election Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon an ordinance canceling the May 6, 2023, General Election. Description of Agenda Item: In accordance with the Texas Election Law, the filing period deadline for casting a place on the May 6, 2023, ballot was Friday, February 17 and the write-in deadline was Tuesday, February 21. No other applications for a place on the ballot were received other than the incumbents. Therefore, allowing the Town to cancel the General Election. Due to the Town also holding a Special Election for the Special Purpose Districts, it shall be noted that Senate Bill 1 amended Section 2.053 of the Election Code to state if a separate election is being held at the same time as a cancelled election, the unopposed candidates must be listed on the ballot for the separate election under the heading “Unopposed Candidates Declared Elected.” Names will be listed in relative order with no votes being cast in connection with the candidates. An unopposed candidate who is declared elected may not qualify for office until after the regular canvassing takes place. Budgetary Impact: The Town will hold the Special Election with services funded through account 100-5460-10-02, Election Expenses. There is no direct budgetary impact associated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the ordinance as to form and legality. Attached Documents: 1. Ordinance: English & Spanish 2. Certification of Unopposed Candidates Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance canceling the May 6, 2023, General Election. Proposed Motion: I move to approve an ordinance canceling the May 6, 2023, General Election. Prosper is a place where everyone matters. TOWN SECRETARY Page 14 Item 5. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CANCELING THE GENERAL ELECTION SCHEDULED TO BE HELD ON THE MAY 6, 2023, FOR THE PURPOSE OF ELECTING COUNCILMEMBER PLACE 3 AND COUNCILMEMBER PLACE 5; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE POSTING OF THIS ORDINANCE AT TOWN HALL ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2023-14, was adopted by the Town Council on February 14, 2023, for the purpose of electing Councilmember Place 3 and Councilmember Place 5 to the Prosper Town Council; and WHEREAS, the election is for officers of the Town in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which each candidate whose name is to appear on the ballot is unopposed; and WHEREAS, the filing deadlines for name placement on the ballot and declaration of write- in candidacy have passed; and WHEREAS, the Town Council has received the Town Secretary’s certification that each candidate is unopposed for the election; and, WHEREAS, Section 2.053(a) of the Texas Election Code authorizes the governing body to declare each unopposed candidate elected to office and to cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1. The General Election for the purpose of electing Councilmember Place 3 and Council Place 5 previously called for May 6, 2023, is hereby canceled. SECTION 2. The following candidates, who are unopposed for the May 6, 2023, General Election, are hereby declared elected to office and shall be issued a certificate of election: Councilmember Place 3 Amy Bartley Councilmember Place 5 Jeff Hodges SECTION 3. Pursuant to Section 2.053 of the Texas Election Code, the Town Secretary shall post a copy of this ordinance on Election Day, at the polling place used or that would have been used in the election. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the code of Ordinances, as amended hereby, be adjudged or held to be void or Page 15 Item 5. Ordinance No. 2023-XX, Page 2 unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. This ordinance shall take effect immediately in accordance with the provisions of the Charter of the Town of Prosper, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ON THIS THE 28TH DAY OF FEBRUARY, 2023. APPROVED: ______________________________ David F. Bristol, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 16 Item 5. CUIDAD DE PROSPER, TEXAS ORDENANZA NO. 2023-XX UNA ORDENANZA DEL CONCEJO MUNICIPAL DE LA CUIDAD DE PROSPER, TEXAS, QUE CANCELA LAS ELECCIONES GENERALES PROGRAMADAS PARA EL 6 DE MAYO DE 2023, CON EL FIN DE ELEGIR AL CONCEJAL LUGAR 3 Y AL CONCEJAL LUGAR 5; DECLARAR A CADA CANDIDATO SIN OPOSICIÓN ELEGIDO PARA EL CARGO; ORDENAR LA PUBLICACIÓN DE ESTA ORDENANZA EN EL AYUNTAMIENTO EL DÍA DE LAS ELECCIONES; PROPORCIONAR UNA CLÁUSULA DE DIVISIBILIDAD; Y PREVIENDO UNA FECHA EFECTIVA. MIENTRAS, la Ordenanza Núm. 2023-14, fue adoptada por el Concejo Municipal el 14 de febrero de 2023, con el propósito de elegir al Concejal Lugar 3 y al Concejal Lugar 5 para el Concejo Municipal de Prosper; y MIENTRAS, la elección es para funcionarios de la cuidad en la que los votos por escrito se pueden contar solo para los nombres que aparecen en una lista de candidatos por escrito y en la que cada candidato cuyo nombre debe aparecer en la boleta no tiene oposición; y MIENTRAS, han pasado los plazos de presentación para la colocación del nombre en la boleta y la declaración de candidatura por escrito; y MIENTRAS, el Consejo Municipal ha recibido la certificación del Secretario del Pueblo de que cada candidato no tiene oposición para la elección; y, MIENTRAS, la sección 2.053(a) del Código Electoral de Texas autoriza al órgano rector a declarar elegido para el cargo a cada candidato sin oposición ya cancelar la elección. AHORA, POR LO TANTO, EL CONCEJO DE LA CUIDUAD DE LA CUIDAD DE PROSPER, TEXAS, ORDENA QUE: SECCIÓN 1 Por la presente se cancela la Elección General con el propósito de elegir al Concejal Lugar 3 y el Concejo Lugar 5 convocada anteriormente para el 6 de mayo de 2023. SECCIÓN 2 Los siguientes candidatos, que no tienen oposición para las Elecciones Generales del 6 de mayo de 2023, son declarados elegidos para el cargo y se les emitirá un certificado de elección: Miembro del Consejo Lugar 3 Amy Bartley Miembero del Consejo Lugar 5 Jeff Hodges SECCIÓN 3 De conformidad con la Sección 2.053 del Código Electoral de Texas, el Secretario del Pueblo publicará una copia de esta ordenanza el Día de la Elección, en el lugar de votación utilizado o que se hubiera utilizado en la elección. Page 17 Item 5. Ordenanza No. 2023-XX, Página 2 SECCIÓN 4 Si alguna palabra, oración, párrafo, subdivisión, cláusula, frase o sección de esta ordenanza o del código de Ordenanzas, según enmendado por la presente, se declara nula o inconstitucional, esto no afectará la validez de las partes restantes. de dicha ordenanza o el Código de Ordenanzas, según enmendado por la presente, que permanecerá en pleno vigor y efecto. SECCIÓN 5 Esta ordenanza y la orden para una Elección General entrarán en vigencia a partir de la aprobación de esta ordenanza. DEBIDAMENTE APROBADO Y APROBADO POR EL CONCEJO DE LA CUIDAD DE LOS CONDADOS DE PROSPER, COLLIN Y DENTON, TEXAS, EL DÍA 28 DE FEBRERO DE 2023. AP ROBADO: ______________________________ David F. Bristol, Alcalde DOY FE: ________________________________________ Michelle Lewis Sirianni, Secretaria de la Cuidad APROBADO EN FORMA Y LEGALIDAD: ____________________________________ Terrence S. Welch, Abogado de la Cuidad Page 18 Item 5. Page 19 Item 5. Page 20 Item 6. Summary Quarter End Results by Investment Category: Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value MMA/NOW 1.91%41,450,612$ 41,450,612$ 3.63%31,294,332$ 31,294,332$ Pools 2.31%49,720,257 49,720,257 3.97%71,672,414 71,672,414 Securities 1.48%23,145,288 22,208,630 1.90%43,112,743 42,191,915 Certificates of Deposit 0.28%39,602,746 39,602,746 1.38%34,641,918 34,641,918 Total 1.56%153,918,903$ 152,982,245$ 3.17%180,721,406$ 179,800,579$ Average Yield - Current Quarter (1) Fiscal Year-to-Date Average Yield (2) Total Portfolio 3.17%Total Portfolio 3.17% Rolling Three Month Treasury 4.19%Rolling Three Month Treasury 4.19% Rolling Six Month Treasury 3.90%Rolling Six Month Treasury 3.90% TexPool 3.98%TexPool 3.98% Interest Earnings (Approximate) Quarter 1,002,277$ Fiscal Year-to-date 1,002,277$ December 31, 2022September 30, 2022 (1)Quarter End Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market balances. (2)Fiscal Year-to-Date Average Yield - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Town of Prosper Valley View Consulting, L.L.C.1 Page 21 Item 6. Town of Prosper, TexasDecember 31, 2022 Quarterly Investment Report Investment Strategy AddendumAs noted in the Economic Overview, the FOMC has tightened 425 basis points in the since early 2022 and as anticipated, tightened an additional 25 basis points on February 1, 2023 resulting in a Fed Funds target of 4.50%‐4.750%. These increases reflect The Federal Reserve's efforts to slow the economy and reduce inflationary pressures.In the low interest environment of 2021 and prior, Certificates of Deposit (CD) often provided a yield advantage over Treasury and Agency securities. This yield advantage is still selectively prevalent, but combined with the greater administrative requirements and lack of liquidity associated with CD's the Town will continue shifting more available funds into fixed income securities. In addition, the Town premier money market account with its Depository Bank that pays the Fed Funds rate. The Town also maintains balances in two local government investment pools to ensure liquidity and for diversification purposes.Town of ProsperValley View Consulting, L.L.C.2Page 22Item 6. Economic Overview12/31/2022The Federal Open Market Committee (FOMC) raised the Fed Funds target range 0.50% to 4.25% - 4.50% December 14th (Effective Fed Funds are trading +/-4.33%). A 0.25% increase is projected February 1st. Third Quarter GDP jumped to 3.2% in the final number. December Non-Farm Payroll added 223k new jobs with the Three Month Average declining to 247k. Crude oil continues moderating at +/-$75 per barrel. The Stock Markets drifted between +/-15% to +/-19% below the 2021 peak. The yield curve is fully negatively sloped (3 months to 10 years, with peak yield at 6 months) and continues to indicate lower future interest rates. Inflation remained well over the FOMC 2% target (Core PCE +/-5% and CPI +/-6%). International challenges add to economic uncertainty. 02505007501,0001,2501,5001,7502,0002,2502,5002,7503,0003,2503,5003,7504,0004,2504,5004,7505,0005,250S&P 5000.000.501.001.502.002.503.003.504.004.505.005.50US Treasury Historical Yields - Since Nov 2015Six Month T-BillTwo Year T-NoteTen Year T-Note0.001.002.003.004.005.006.00Treasury Yield CurvesDecember 31, 2021September 30, 2022December 31, 20220.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since 2006Six Month T-BillTwo Year T-NoteTen Year T-NoteValley View Consulting, L.L.C.3Page 23Item 6. MMA/DDA/NOW 17% Pools 40% CDs 19% Securities 24% Composition -Current Quarter $0 $20 $40 $60 $80 $100 $120 $140 $160 $180 $200 Total Portfolio (Millions) Quarter End Book Value MMA/DDA/NOW 27% Pools 32% CDs 26% Securities 15% Composition -Prior Quarter 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 PercentageTown Portfolio Performance Town WAY TexPool Rolling 3 mo T-Bill Rolling 6 mo T-Bill Town of Prosper Valley View Consulting, L.L.C.4 Page 24 Item 6. Investment Holdings Coupon/Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (Days)Yield Independent Bank DDA 1.76%01/01/23 12/31/22 1,393,119$ 1,393,119$ 1.00 1,393,119$ 1 1.76% Independent Bank DDA #2 1.76%01/01/23 12/31/22 7,505,376 7,505,376 1.00 7,505,376 1 1.76% Independent Bank DDA #3 4.43%01/01/23 12/31/22 17,059,507 17,059,507 1.00 17,059,507 1 4.43% NexBank MMA 4.40%01/01/23 12/31/22 5,108,280 5,108,280 1.00 5,108,280 1 4.40% PlainsCapital Bank MMA 0.00%01/01/23 12/31/22 228,050 228,050 1.00 228,050 1 0.00% TexSTAR AAAm 3.97%01/01/23 12/31/22 35,894,668 35,894,668 1.00 35,894,668 1 3.97% TexPool AAAm 3.98%01/01/23 12/31/22 35,777,746 35,777,746 1.00 35,777,746 1 3.98% Legend Bank IntraFi CD 0.35%03/23/23 03/25/21 1,500,000 1,500,000 100.00 1,500,000 82 0.35% CapTex Bank IntraFi CD 0.40%03/23/23 03/25/21 3,000,000 3,000,000 100.00 3,000,000 82 0.40% The American Nat'l Bank CD 0.43%06/01/23 06/01/21 5,032,378 5,032,378 100.00 5,032,378 152 0.43% T-Note Aaa/AA+0.13%07/31/23 10/20/21 1,500,000 1,497,971 97.37 1,460,505 212 0.36% Veritex Community Bank CD 0.25%08/23/23 08/23/21 10,031,341 10,031,341 100.00 10,031,341 235 0.25% Independent Financial CD 4.00%09/04/23 10/11/22 10,062,563 10,062,563 100.00 10,062,563 247 4.00% Veritex Community Bank CD 0.25%09/15/23 09/17/21 5,015,636 5,015,636 100.00 5,015,636 258 0.25% T-Note Aaa/AA+2.88%10/31/23 10/20/21 1,500,000 1,530,433 98.50 1,477,560 304 0.43% T-Note Aaa/AA+4.75%02/29/24 02/09/22 5,000,000 5,058,758 97.43 4,871,300 425 1.35% FHLB Aaa/AA+4.75%03/08/24 12/21/22 10,000,000 9,995,011 99.91 9,990,600 433 4.79% T-Note Aaa/AA+2.25%04/30/24 03/16/22 10,000,000 10,049,418 96.86 9,685,900 486 1.87% T-Note Aaa/AA+1.25%08/31/24 02/09/22 5,000,000 4,981,152 94.72 4,735,950 609 1.48% FHLB Aaa/AA+4.48%10/03/24 12/22/22 10,000,000 10,000,000 99.70 9,970,100 642 4.48% Total Portfolio 180,608,664$ 180,721,406$ 179,800,579$ 160 3.17% (1)(2) December 31, 2022 (1)Weighted average life - For purposes of calculating weighted average life, overnight bank and pool balances are assumed to have a one day maturity. (2)Weighted average yield to maturity - The weighted average yield to maturity is based on Book Value, realized and unrealized gains/losses and investment advisory fees are not included. The yield for the reporting month is used for overnight bank and pool balances. Town of Prosper Valley View Consulting, L.L.C.5 Page 25 Item 6. Book and Market Value Comparison Issuer/Description Yield Maturity Date Book Value 09/30/22 Increases Decreases Book Value 12/31/22 Market Value 09/30/22 Change in Market Value Market Value 12/31/22 Independent Bank DDA 1.76%01/01/23 28,823,024$ –$ (27,429,905)$ 1,393,119$ 28,823,024$ (27,429,905)$ 1,393,119$ Independent Bank DDA #2 1.76%01/01/23 7,472,368 33,009 – 7,505,376 7,472,368 33,009 7,505,376 Independent Bank DDA #3 4.43%01/01/23 – 17,059,507 – 17,059,507 – 17,059,507 17,059,507 NexBank MMA 4.40%01/01/23 5,061,391 46,889 – 5,108,280 5,061,391 46,889 5,108,280 PlainsCapital Bank MMA 0.00%01/01/23 93,829 134,221 – 228,050 93,829 134,221 228,050 TexSTAR 3.97%01/01/23 42,087,949 – (6,193,281) 35,894,668 42,087,949 (6,193,281) 35,894,668 TexPool 3.98%01/01/23 7,632,308 28,145,438 – 35,777,746 7,632,308 28,145,438 35,777,746 The American Nat'l Bank CD 0.37%12/01/22 5,023,213 – (5,023,213) – 5,023,213 (5,023,213) – Prosperity Bank CD 0.15%12/27/22 10,015,010 – (10,015,010) – 10,015,010 (10,015,010) – Legend Bank IntraFi CD 0.35%03/23/23 1,500,000 – –1,500,000 1,500,000 – 1,500,000 CapTex Bank IntraFi CD 0.40%03/23/23 3,000,000 – –3,000,000 3,000,000 – 3,000,000 The American Nat'l Bank CD 0.43%06/01/23 5,026,987 5,391 – 5,032,378 5,026,987 5,391 5,032,378 T-Note 0.36%07/31/23 1,497,091 880 – 1,497,971 1,450,485 10,020 1,460,505 Veritex Community Bank CD 0.25%08/23/23 10,025,023 6,317 – 10,031,341 10,025,023 6,317 10,031,341 Independent Financial CD 4.00%09/04/23 – 10,062,563 – 10,062,563 – 10,062,563 10,062,563 Veritex Community Bank CD 0.25%09/15/23 5,012,512 3,124 – 5,015,636 5,012,512 3,124 5,015,636 T-Note 0.43%10/31/23 1,539,643 – (9,210) 1,530,433 1,477,845 (285) 1,477,560 T-Note 1.35%02/29/24 5,071,477 – (12,719) 5,058,758 4,868,750 2,550 4,871,300 FHLB 4.79%03/08/24 – 9,995,011 – 9,995,011 – 9,990,600 9,990,600 T-Note 1.87%04/30/24 10,058,773 – (9,355) 10,049,418 9,684,400 1,500 9,685,900 T-Note 1.48%08/31/24 4,978,305 2,847 – 4,981,152 4,727,150 8,800 4,735,950 FHLB 4.48%10/03/24 – 10,000,000 – 10,000,000 – 9,970,100 9,970,100 TOTAL / AVERAGE 3.17%153,918,903$ 75,495,197$ (48,692,693)$ 180,721,406$ 152,982,245$ 26,818,334$ 179,800,579$ Town of Prosper Valley View Consulting, L.L.C.6 Page 26 Item 6. Allocation Book Value Yield Maturity Date Total Cash Positions - Bank Investments Cash Positions - Pool Investments Certificates of Deposit / CDARS US Agency US Treasury Independent Bank MMA 1.76%1,393,119$ 1,393,119$ –$ –$ –$ –$ Independent Bank MMA #2 1.76%7,505,376 7,505,376 – – – – Independent Bank MMA #3 4.43%17,059,507 17,059,507 – – – – NexBank MMA 4.40%5,108,280 5,108,280 – – – – PlainsCapital Bank MMA 0.00%228,050 228,050 – – – – TexSTAR 3.97%35,894,668 – 35,894,668 – – – TexPool 3.98%35,777,746 – 35,777,746 – – – Legend Bank IntraFi CD 0.35%03/23/23 1,500,000 – – 1,500,000 – – CapTex Bank IntraFi CD 0.40%03/23/23 3,000,000 – – 3,000,000 – – The American Nat'l Bank CD 0.43%06/01/23 5,032,378 – – 5,032,378 – – T-Note 0.36%07/31/23 1,497,971 – – – 1,497,971 Veritex Community Bank CD 0.25%08/23/23 10,031,341 – – 10,031,341 – – Independent Financial CD 4.00%09/04/23 10,062,563 – – 10,062,563 – – Veritex Community Bank CD 0.25%09/15/23 5,015,636 – – 5,015,636 – – T-Note 0.43%10/31/23 1,530,433 – – – – 1,530,433 T-Note 1.35%02/29/24 5,058,758 – – – – 5,058,758 FHLB 4.79%03/08/24 9,995,011 – – – 9,995,011 – T-Note 1.87%04/30/24 10,049,418 – – – – 10,049,418 T-Note 1.48%08/31/24 4,981,152 – – – – 4,981,152 FHLB 4.48%10/03/24 10,000,000 – – – 10,000,000 – Totals 180,721,406$ 31,294,332$ 71,672,414$ 34,641,918$ 19,995,011$ 23,117,732$ December 31, 2022 Town of Prosper Valley View Consulting, L.L.C.7 Page 27 Item 6. Allocation December 31, 2022 Market Value Yield Maturity Date Total Cash Positions - Bank Investments Cash Positions - Pool Investments Certificates of Deposit / CDARS US Agency US Treasury Independent Bank MMA 1.76%1,393,119$ 1,393,119$ –$ –$ –$ –$ Independent Bank MMA #2 1.76%7,505,376 7,505,376 – – – – Independent Bank MMA #3 4.43%17,059,507 17,059,507 – – – – NexBank MMA 4.40%5,108,280 5,108,280 – – – – PlainsCapital Bank MMA 0.00%228,050 228,050 – – – – TexSTAR 3.97%35,894,668 – 35,894,668 – – – TexPool 3.98%35,777,746 – 35,777,746 – – – Legend Bank IntraFi CD 0.35%03/23/23 1,500,000 – – 1,500,000 – – CapTex Bank IntraFi CD 0.40%03/23/23 3,000,000 – – 3,000,000 – – The American Nat'l Bank CD 0.43%06/01/23 5,032,378 – – 5,032,378 – – T-Note 0.36%07/31/23 1,460,505 – – – – 1,460,505 Veritex Community Bank CD 0.25%08/23/23 10,031,341 – – 10,031,341 – – Independent Financial CD 4.00%09/04/23 10,062,563 – – 10,062,563 – – Veritex Community Bank CD 0.25%09/15/23 5,015,636 – – 5,015,636 – – T-Note 0.43%10/31/23 1,477,560 – – – – 1,477,560 T-Note 1.35%02/29/24 4,871,300 – – – – 4,871,300 FHLB 4.79%03/08/24 9,990,600 – – – 9,990,600 – T-Note 1.87%04/30/24 9,685,900 – – – – 9,685,900 T-Note 1.48%08/31/24 4,735,950 – – – – 4,735,950 FHLB 4.48%10/03/24 9,970,100 – – – 9,970,100 – Totals 179,800,579$ 31,294,332$ 71,672,414$ 34,641,918$ 19,960,700$ 22,231,215$ Town of Prosper Valley View Consulting, L.L.C.8 Page 28 Item 6. Allocation Book Value Yield Maturity Date Total Cash Positions - Bank Investments Cash Positions - Pool Investments Certificates of Deposit / CDARS US Treasury Independent Bank MMA 1.76%28,823,024$ 28,823,024$ –$ –$ –$ Independent Bank MMA #2 1.76%7,472,368 7,472,368 – – – NexBank MMA 3.05%5,061,391 5,061,391 – – – PlainsCapital Bank MMA 0.00%93,829 93,829 – – – TexSTAR 2.29%42,087,949 – 42,087,949 – – TexPool 2.41%7,632,308 – 7,632,308 – – The American Nat'l Bank CD 0.37%12/01/22 5,023,213 – – 5,023,213 – Prosperity Bank CD 0.15%12/27/22 10,015,010 – – 10,015,010 – Legend Bank IntraFi CD 0.35%03/23/23 1,500,000 – – 1,500,000 – CapTex Bank IntraFi CD 0.40%03/23/23 3,000,000 – – 3,000,000 – The American Nat'l Bank CD 0.43%06/01/23 5,026,987 – – 5,026,987 – T-Note 0.36%07/31/23 1,497,091 – – – 1,497,091 Veritex Community Bank CD 0.25%08/23/23 10,025,023 – – 10,025,023 – Veritex Community Bank CD 0.25%09/15/23 5,012,512 – – 5,012,512 – T-Note 0.43%10/31/23 1,539,643 – – – 1,539,643 T-Note 1.35%02/29/24 5,071,477 – – – 5,071,477 T-Note 1.87%04/30/24 10,058,773 – – – 10,058,773 T-Note 1.48%08/31/24 4,978,305 – – – 4,978,305 Totals 153,918,903$ 41,450,612$ 49,720,257$ 39,602,746$ 23,145,288$ September 30, 2022 Town of Prosper Valley View Consulting, L.L.C.9 Page 29 Item 6. Allocation September 30, 2022 Market Value Yield Maturity Date Total Cash Positions - Bank Investments Cash Positions - Pool Investments Certificates of Deposit / CDARS US Treasury Independent Bank MMA 1.76%28,823,024$ 28,823,024$ –$ –$ –$ Independent Bank MMA #2 1.76%7,472,368 7,472,368 – – – NexBank MMA 3.05%5,061,391 5,061,391 – – – PlainsCapital Bank MMA 0.00%93,829 93,829 – – – TexSTAR 2.29%42,087,949 – 42,087,949 – – TexPool 2.41%7,632,308 – 7,632,308 – – The American Nat'l Bank CD 0.37%12/01/22 5,023,213 – – 5,023,213 – Prosperity Bank CD 0.15%12/27/22 10,015,010 – – 10,015,010 – Legend Bank IntraFi CD 0.35%03/23/23 1,500,000 – – 1,500,000 – CapTex Bank IntraFi CD 0.40%03/23/23 3,000,000 – – 3,000,000 – The American Nat'l Bank CD 0.43%06/01/23 5,026,987 – – 5,026,987 – T-Note 0.36%07/31/23 1,450,485 – – – 1,450,485 Veritex Community Bank CD 0.25%08/23/23 10,025,023 – – 10,025,023 – Veritex Community Bank CD 0.25%09/15/23 5,012,512 – – 5,012,512 – T-Note 0.43%10/31/23 1,477,845 – – – 1,477,845 T-Note 1.35%02/29/24 4,868,750 – – – 4,868,750 T-Note 1.87%04/30/24 9,684,400 – – – 9,684,400 T-Note 1.48%08/31/24 4,727,150 – – – 4,727,150 Totals 152,982,245$ 41,450,612$ 49,720,257$ 39,602,746$ 22,208,630$ Town of Prosper Valley View Consulting, L.L.C.10 Page 30 Item 6. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Executive Director of Administrative Services Re: Authorized Signatories Updates Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon a resolution authorizing various individuals as signers of specific accounts and certain investment matters. (CL) Description of Agenda Item: This item supersedes the actions taken at the September 13, 2022, Council meeting, which authorized signatory authority for bank accounts, ACH and Wires, and investments. This item includes bank account signers, electronic funds transfers, investment pools, and investment accounts. The following table summarizes the proposed authorizations: Bank Accounts ACH and Wires Texpool/TexStar Investment Accounts Mario Canizares Mario Canizares Mario Canizares Mario Canizares Robert B. Scott Robert B. Scott Robert B. Scott Robert B. Scott Robyn D. Battle Robyn D. Battle Robyn D. Battle Robyn D. Battle Charles R. Ewings Charles R. Ewings Charles R. Ewings Charles R. Ewings John C. Landrum John C. Landrum John C. Landrum John C. Landrum Ryan Patterson Ryan Patterson Ryan Patterson Ryan Patterson Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution 2. TexPool Resolution Prosper is a place where everyone matters. FINANCE Page 31 Item 7. Page 2 of 2 3. TexStar Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution authorizing various individuals as signers of specific accounts and certain investment matters. Proposed Motion: I move to approve a resolution authorizing various individuals as signers of specific accounts and certain investment matters. Page 32 Item 7. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING VARIOUS INDIVIDUALS AS SIGNATORIES ON SPECIFIC ACCOUNTS AND CERTAIN INVESTMENT MATTERS; REPEALING RESOLUTION NO. 2020-52, ADOPTED ON OR ABOUT SEPTEMBER 13, 2022; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, periodically the Town updates the list of specific individuals authorized to perform certain financial transactions on the Town’s behalf; and WHEREAS, it is the intent of the Town Council of the Town of Prosper, Texas, to authorize the following individuals to be signatories and take all appropriate and necessary actions relative to the following Town accounts. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Town-approved signatories for current and possible future Independent Bank accounts and those of any other depository of the Town are hereby authorized to include Town’s Executive Director of Administrative Services, Town Manager, Town’s Executive Director of Communications, Town’s Executive Director of Development Services, Town’s Finance Director and Town’s Assistant Finance Director. Presently the incumbents for each position hereby authorized are Robert B. Scott, Mario Canizares, Robyn D. Battle, Charles R. Ewings, John C. Landrum and Ryan Patterson respectively. SECTION 2 The Town-approved signatories authorized to perform wire and ACH transfers include the Town’s Executive Director of Administrative Services, Town Manager, Town’s Executive Director of Communications, Town’s Executive Director of Development Services, Town’s Finance Director and Town’s Assistant Finance Director. Presently the incumbents for each position hereby authorized are Robert B. Scott, Mario Canizares, Robyn D. Battle, Charles R. Ewings, John C. Landrum and Ryan Patterson respectively. SECTION 3 The Town-approved signatories authorized to make financial transactions for TexPool, and TexSTAR, local government investment pools, to include the Town’s Executive Director of Administrative Services, Town Manager, Town’s Executive Director of Communications, Town’s Executive Director of Development Services, Town’s Finance Director and Town’s Assistant Finance Director. Presently the incumbents for each position hereby authorized are Robert B. Scott, Mario Canizares, Robyn D. Battle, Charles R. Ewings, John C. Landrum and Ryan Patterson respectively. SECTION 4 The Town-approved signatories authorized to make financial transactions for current and possible future investment accounts to include the Town’s Executive Director of Administrative Page 33 Item 7. Resolution No. 2023-__, Page 2 Services, Town Manager, Town’s Executive Director of Communications Town’s Executive Director of Development Services, Town’s Finance Director and Town’s Assistant Finance Director. Presently the incumbents for each position hereby authorized are Robert B. Scott, Mario Canizares, Robyn D. Battle, Charles R. Ewings, John C. Landrum and Ryan Patterson respectively. SECTION 5 Resolution No. 2020-52 approved on or about September 13, 2022, is hereby repealed in its entirety. SECTION 6 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF FEBRUARY, 2023. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 34 Item 7. Form Continues on Next Page 1 of 2 Please complete this form to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. * Required Fields 1. Resolution WHEREAS, Participant Name* Location Number* (“Participant”) is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“TexPool / Texpool Prime”), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant’s TexPool / TexPool Prime account or (2) is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an offi cer, employee, or agent of the Participant; List the Authorized Representative(s) of the Participant. Any new individuals will be issued personal identifi cation numbers to transact business with TexPool Participant Services. 1. Name Title Phone Fax Email Signature 2. Name Title Phone Fax Email Signature 3. Name Title Phone Fax Email Signature Resolution Amending Authorized Representatives Print Form Clear Form Town of Prosper 7 7 2 9 4 Robert B. Scott Executive Director of Administrative Services 9 7 2 5 6 9 1 0 6 2 bscott@prospertx.gov Mario Canizares Town Manager 9 7 2 5 6 9 1 0 1 0 mcanizares@prospertx.gov Robyn D. Battle Executive Director of Communications 9 7 2 5 6 9 1 0 1 1 rbattle@prospertx.gov Page 35 Item 7. 1-866-TEXPOOL (839-7665) • TexPool.com Managed and Serviced by© 2022 Federated Hermes, Inc. G45340-17 (3/22) TEX-REP 2 OF 2 1. Resolution (continued) 4. Name Title Phone Fax Email Signature List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confi rmations and monthly statements under the Participation Agreement. Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. Name Title Phone Fax Email D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the day of , . Note: Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. Name of Participant* SIGNED Signature* Printed Name* Title* ATTEST Signature* Printed Name* Title* 2. Delivery Instructions Please return this document to TexPool Participant Services: Email: texpool@dstsystems.com Fax: 866-839-3291 Charles R. Ewings Executive Director of Development Services 9 7 2 5 6 9 1 1 6 3 cewings@prospertx.gov Robert B. Scott Lynn Regan Accounting Manager 9 7 2 5 6 9 1 1 0 9 lregan@prospertx.gov 2 8 February 2 3 Town of Prosper 77294 David F. Bristol Mayor Michelle Lewis Sirianni Town Secretary Page 36 Item 7. Form Continues on Next Page 1 of 2 Please complete this form to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. * Required Fields 1. Resolution WHEREAS, Participant Name* Location Number* (“Participant”) is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“TexPool / Texpool Prime”), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant’s TexPool / TexPool Prime account or (2) is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an offi cer, employee, or agent of the Participant; List the Authorized Representative(s) of the Participant. Any new individuals will be issued personal identifi cation numbers to transact business with TexPool Participant Services. 1. Name Title Phone Fax Email Signature 2. Name Title Phone Fax Email Signature 3. Name Title Phone Fax Email Signature Resolution Amending Authorized Representatives Print Form Clear Form Town of Prosper 7 7 2 9 4 John C. Landrum Finance Director 9 7 2 5 6 9 1 0 0 8 clandrum@prospertx.gov Ryan Patterson Assistant Finance Director 9 7 2 5 6 9 1 1 1 9 rpatterson@prospertx.gov Page 37 Item 7. 1-866-TEXPOOL (839-7665) • TexPool.com Managed and Serviced by© 2022 Federated Hermes, Inc. G45340-17 (3/22) TEX-REP 2 OF 2 1. Resolution (continued) 4. Name Title Phone Fax Email Signature List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confi rmations and monthly statements under the Participation Agreement. Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. Name Title Phone Fax Email D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the day of , . Note: Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. Name of Participant* SIGNED Signature* Printed Name* Title* ATTEST Signature* Printed Name* Title* 2. Delivery Instructions Please return this document to TexPool Participant Services: Email: texpool@dstsystems.com Fax: 866-839-3291 Robert B. Scott Lynn Regan Accounting Manager 9 7 2 5 6 9 1 1 0 9 lregan@prospertx.gov 2 8 February 2 3 Town of Prosper 77294 David F. Bristol Mayor Michelle Lewis Sirianni Town Secretary Page 38 Item 7. AMENDING RESOLUTION WHEREAS, _________________________________________________________ (the “Government Entity”) by authority of the Application for Participation in TexSTAR (the “Application”) has entered into an Interlocal Agreement (the “Agreement”) and has become a participant in the public funds investment pool created there under known as TexSTAR Short Term Assert Reserve Fund (“TexSTAR”); WHEREAS, the Application designated on one or more “Authorized Representatives” within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the “Authorized Representatives” within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The following officers, officials or employees of the Government Entity specified in this document are hereby designated as “Authorized Representatives” within the meaning of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. SECTION 2. This document supersedes and replaces the Government Entity’s previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement SECTION 3. This resolution will continue in full force and effect until amended or revoked by Government Entity and written notice of the amendment or revocation is delivered to the TEXSTAR Board. SECTION 4. Terms used in this resolution have the meanings given to them by the Application. Town of Prosper Page 39 Item 7. Authorized Representatives. Each of the following Participant officials is designated as Participant’s Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: 1. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 2. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 3. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 4. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ {REQUIRED} PRIMARY CONTACT: List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements Name:________________________________________________________________________ {OPTIONAL} INQUIRY ONLY CONTACT: In addition, the following additional Participant representative (not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ Participant may designate other authorized representatives by written instrument signed by an existing Participant Authorized Representative or Participant’s chief executive officer. DATED ____________________ _______________________________________________ (NAME OF PARTICIPANT) SIGNED BY: _____________________________________________ (Signature of official) __________________________________________________ (Printed name and title) ATTESTED BY: ___________________________________________ (Signature of official) ___________________________________________________ (Printed name and title) FOR INTERNAL USE ONLY APPROVED AND ACCEPTED: TEXAS SHORT TERM ASSET RESERVE FUND …………………………………………………………………… AUTHORIZED SIGNER *REQUIRED* PLACE OFFICIAL SEAL OF ENTITY HERE Robert B. Scott Executive Director of Administrative Services 972-569-1062 Mario Canizares bscott@prospertx.gov Town Manager 972-569-1010 Robyn D. Battle mcanizares@prospertx.gov Executive Director of Communications 972-569-1011 Charles R. Ewings rbattle@prospertx.gov Executive Director of Development Services 972-569-1163 cewings@prospertx.gov bscott@prospertx.gov Lynn Regan Accounting Manager 972-569-1109 lregan@prospertx.gov Town of Prosper David F. Bristol, Mayor Michelle Lewis Sirianni, Town Secretary Page 40 Item 7. AMENDING RESOLUTION WHEREAS, _________________________________________________________ (the “Government Entity”) by authority of the Application for Participation in TexSTAR (the “Application”) has entered into an Interlocal Agreement (the “Agreement”) and has become a participant in the public funds investment pool created there under known as TexSTAR Short Term Assert Reserve Fund (“TexSTAR”); WHEREAS, the Application designated on one or more “Authorized Representatives” within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the “Authorized Representatives” within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The following officers, officials or employees of the Government Entity specified in this document are hereby designated as “Authorized Representatives” within the meaning of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. SECTION 2. This document supersedes and replaces the Government Entity’s previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement SECTION 3. This resolution will continue in full force and effect until amended or revoked by Government Entity and written notice of the amendment or revocation is delivered to the TEXSTAR Board. SECTION 4. Terms used in this resolution have the meanings given to them by the Application. Town of Prosper Page 41 Item 7. Authorized Representatives. Each of the following Participant officials is designated as Participant’s Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: 1. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 2. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 3. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ 4. Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ {REQUIRED} PRIMARY CONTACT: List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements Name:________________________________________________________________________ {OPTIONAL} INQUIRY ONLY CONTACT: In addition, the following additional Participant representative (not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: ________________________________________ Title:_______________________________________ Signature: ____________________________________ Phone: ____________________________________ Email:_____________________________________ Participant may designate other authorized representatives by written instrument signed by an existing Participant Authorized Representative or Participant’s chief executive officer. DATED ____________________ _______________________________________________ (NAME OF PARTICIPANT) SIGNED BY: _____________________________________________ (Signature of official) __________________________________________________ (Printed name and title) ATTESTED BY: ___________________________________________ (Signature of official) ___________________________________________________ (Printed name and title) FOR INTERNAL USE ONLY APPROVED AND ACCEPTED: TEXAS SHORT TERM ASSET RESERVE FUND …………………………………………………………………… AUTHORIZED SIGNER *REQUIRED* PLACE OFFICIAL SEAL OF ENTITY HERE John C. Landrum Finance Director 972-569-1008 Ryan Patterson clandrum@prospertx.gov Assistant Finance Director 972-569-1119 rpatterson@prospertx.gov bscott@prospertx.gov Lynn Regan Accounting Manager 972-569-1109 lregan@prospertx.gov Town of Prosper David F. Bristol, Mayor Michelle Lewis Sirianni, Town Secretary Page 42 Item 7. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Mario Canizares, Town Manager Bob Scott, Executive Director of Administrative Services Re: Annual Software Maintenance Purchase Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon approval of annual software maintenance and operational open purchase orders with MCCi, for the Information Technology Department during FY 2023. (LJ) Description of Agenda Item: In order to conform with State purchasing law and best practices, the Purchasing Division has asked the Information Technology Department to annually request Council approval of various open or blanket purchase orders for routine maintenance, repair, and operational items. These items are considered routine in nature and occur each year. This includes renewal of annual contracts bid out by the Town, cooperative/interlocal agreements, and sole source items. Each purchase order requested meets all aspects of State purchasing laws as well as Town purchasing procedures. At this time, the Information Technology Department is requesting approval of the following item: Cooperative Description Vendor Amount BuyBoard 544-17 Laserfiche Software MCCi $46,118.75 Budget Impact: Funding is available through the FY 2023 operating budget. Legal Obligations and Review: This item does not require legal review. Attached Documents: 1. BuyBoard Information Town Staff Recommendation: Town staff recommends approval of annual software maintenance and operational open purchase orders with MCCi for the Information Technology Department during FY 2023. Prosper is a place where everyone matters. INFORMATION TECHNOLOGY Page 43 Item 8. Page 2 of 2 Proposed Motion: I move to approve annual software maintenance and operational open purchase orders with MCCi for the Information Technology Department during FY 2023. Page 44 Item 8. Vendor Contract Information Summary MCCi, LLC (Self-reporting Vendor)Vendor Stephanie WoodContact 8507010725Phone 1768Phone Extension swood@mccinnovations.comEmail www.mccinnovations.comVendor Website 33-1069550TIN 1958A Commonwealth LaneAddress Line 1 TallahasseeVendor City 32303Vendor Zip FLVendor State USAVendor Country 10Delivery Days FOB DestinationFreight Terms Net 30 daysPayment Terms Prepaid and added to invoiceShipping Terms Common CarrierShip Via NoDesignated Dealer YesEDGAR Received NoService-disabled Veteran Owned NoMinority Owned NoWomen Owned YesNational YesNo Foreign Terrorist Orgs YesNo Israel Boycott NoMWBE All Texas RegionsESCs All StatesStates Copy-Print and Document Management ServicesContract Name 625-20Contract No. 12/01/2020Effective 11/30/2023Expiration YesAccepts RFQs 625-20Quote Reference Number 2/21/2023 9:23 AM Page 45 Item 8. Vendor Contract Information Summary For software orders, within 30 days of order, if software has not been activated, a full refund will be granted; if software has been activated, a 15% processing fee will apply. No refunds will be granted after 30 days. For scanning orders, MCCi will correct only those valid discrepancies outlined in our agreement above the acceptable error rate reported within 90 days after delivery of electronic data to client. All product warranties are limited to manufacturer's standard warranty provisions. Return Policy 2/21/2023 9:23 AM Page 46 Item 8. Page 1 of 2 To: Mayor and Town Council From: James Edwards, Director of Human Resources Through: Mario Canizares, Town Manager Bob Scott, Executive Director of Administrative Services Re: Benefits and Risk Management Consultant Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk Management Consultant services for the Town of Prosper, effective February 28, 2023, and authorizing the Town Manager to execute all documents for the same. (JE) Description of Agenda Item: The Town of Prosper Human Resources department contracts with a benefits consultant to assist with the town’s self-insurance fund, ensuring we provide competitive benefits to our employees while containing costs. The Town’s current agreement with McGriff, Seibels and Williams is at the end of its contractual obligation, HR released RFP No. 2023-09-A for consulting services. Under the current agreement Risk Management consulting services were not included. Due to the Town’s growth a risk consultant will provide expertise to ensure the Town’s coverages are adequate and priced competitively providing potential savings for the Town. Attached is the RFP Analysis. Holmes Murphy and Associates provided the best scope of services to provide benefits and risk consulting for the Town of Prosper at an annual cost of $50,000. Budget Impact: HR benefits and risk consulting services are budgeted out of account #730-5410-10-00, for an annual cost of $50,000. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has approved the Holmes Murphy and Associates service agreement paperwork as to their form and legality. Attached Documents: 1. Homes Murphy Service Agreement 2. RFP No. 2023-09-A Analysis Town Staff Recommendation: Town staff recommends awarding RFP No. 2023-09-A to Holmes Murphy and Associates and authorizing the Town Manager to execute all documents for the same. Prosper is a place where everyone matters. HUMAN RESOURCES Page 47 Item 9. Page 2 of 2 Proposed Motion: I move to award RFP No. 2023-09-A for benefits and risk consulting services to Holmes Murphy and Associates and authorize the Town Manager to execute all documents for the same. Page 48 Item 9. RFP NO. 2023-09-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Presentation of Firm and Scope of Services Offered 40%4.25 1.70 7.00 2.80 10.00 4.00 8.50 3.40 4.25 1.70 4.50 1.80 8.00 3.20 Qualifications of Project Personnel 25%4.25 1.06 7.25 1.81 10.00 2.50 9.00 2.25 5.25 1.31 5.50 1.38 9.00 2.25 References 10%5.00 0.50 6.00 0.60 9.00 0.90 9.00 0.90 6.00 0.60 4.00 0.40 9.00 0.90 Cost Proposal 25%2.22 0.56 4.44 1.11 4.00 1.00 3.10 0.78 1.82 0.45 10.00 2.50 4.30 1.08 TOTAL 100%3.82 6.32 8.40 7.33 4.07 6.08 7.43 McGriff, Seibels and Williams Marsh & McLennan Agency (Marsh USA) BENEFITS AND RISK CONSULTANT EVALUATION MATRIX Digital Insurance LLC Gallagher Benefit Services Holmes Murphy & Associates HUB International IMA Financial Group Page 49 Item 9. SERVICES AGREEMENT This Agreement for Services (“Agreement”) is made the 21st day of February 2023 (“Effective Date”) between Town of Prosper (“Client”), and Holmes Murphy & Associates, LLC (“Holmes Murphy”), either or both of which entities may be referred to individually or collectively as “Party” or “Parties”, respectively. WHEREAS Holmes Murphy provides consulting and brokerage services to clients in the field of health and welfare benefits; therefore, Client hereby engages in the services of Holmes Murphy, and in consideration of the promises herein contained. NOW, THEREFORE, the Parties hereby agree as follows: I. SCOPE OF SERVICES Holmes Murphy will provide professional services in the area of health and welfare benefits as outlined in the Exhibit A attached hereto and hereby incorporated into this Agreement. Holmes Murphy is not responsible for services offered by a third party regardless of whether the third party was recommended by Holmes Murphy in their capacity as Broker of Record. II. SERVICES FEES Compensation for medical and dental consulting is outlined in Exhibit A. Compensation for non- medical/dental benefit coverages are paid by the vendor to Holmes Murphy. National Carrier bonus payments may be paid to Holmes Murphy based on national volume not specific to Client and those funds are directed to corporate initiatives. In addition to the consulting fee, Holmes Murphy is eligible to receive commissions from insurance companies and vendors whose products are utilized by Client. Client will authorize the fees Client pays for these products. Holmes Murphy must disclose in writing the amount of any such commissions received. Client will not incur any additional monthly fees after the Agreement is terminated as provided in Section III, however Holmes Murphy may still receive commissions from insurance companies following termination of this Agreement. Notwithstanding the foregoing, regardless of termination, in addition to payment of commissions, fees and other amounts due under this Agreement, Client is responsible for payment of any sales and use tax due on or with respect to commissions, fees and other amounts payable this Agreement. Client will pay applicable sales or use tax to Holmes Murphy or the proper tax authority as required by law. III. TERM This Agreement will begin on April 1, 2023 and will continue for a period of one (1) year thereafter (Initial Term). This Agreement will automatically renew for additional one year terms (each, a Renewal Term). The Initial Term and Renewal Term are collectively referred to herein as the Term. This Agreement may be terminated at any time and for any reason by either Party by providing ninety (90) days prior written notice to the other Party. In the event Client is transitioning health and welfare benefit services to another provider upon termination, Holmes Murphy shall use all reasonable efforts to share information and coordinate such transition with the new provider in a professional and workmanlike manner. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 50 Item 9. IV. INDEMNIFICATION To the extent authorized by Texas law, each Party (“Indemnitor”) hereby agrees to indemnify, defend and hold harmless the other Party (“Indemnitee”), including the Indemnitee’s subsidiaries and affiliates and their respective officers, directors, employees, agents, successors and assigns, from and against any and all losses, claims, demands, actions, costs, liabilities, damages, and expenses (including but not limited to reasonable attorney fees) arising out of or related to (i) the Indemnitor’s performance or failure to perform any of its obligations under this Agreement, or (ii) any other negligent act or failure to act on the part of Indemnitor. In no event will either Party be liable for any special, incidental, punitive, indirect or consequential damages whatsoever arising out of the services, even if the party has been advised of that possibility. Notwithstanding the foregoing, Holmes Murphy’s total liability under this section shall not exceed the sum of fees paid by Client or commissions received (excluding any insurance premiums) over the previous twelve (12) months. V. REPRESENTATIONS AND WARRANTIES Each Party represents and warrants to the other Party that: (i) it is duly authorized and licensed to do business and carry out its obligations under this Agreement; (ii) the making of this Agree ment does not violate any law, regulation or agreement to which it is a party; (iii) in fulfilling its obligations pursuant to this Agreement, it will comply with all applicable federal, state and local laws or regulations; (iv) it has full power and authority to enter into this Agreement and the execution, delivery and performance of this Agreement has been authorized by all necessary corporate action; (v) it has obtained all third party consents required to enter into this Agreement and neither the execution, delivery or performance of this Agreement will conflict with or constitute a breach of its certificate of incorporation, charter or by -laws; (vi) it has had the opportunity to read this Agreement, has voluntarily entered into this Agreement, and is fully aware of its terms and conditions. The representations and warranties of this Section shall survive the termination of this Agreement. VI. CONFIDENTIALITY Holmes Murphy acknowledges that during the term of this Agreement, it will have access to or may come in to possession of various confidential materials of Client, including without limitation: employee information including name, address, social security number or any other personally identifiable information; contact information; account information; financial information; and security and operational procedures and information. Holmes Murphy agrees that it will not divulge any confidential material to any third party without Client’s prior written consent, provided, however, Holmes Murphy shall be permitted to divulge confidential material to third parties that are utilized to provide the services to Client . Holmes Murphy further agrees that all confidential material shall be and remain the property of Client. All such information in tangible form, including all tools and equipment, shall be returned to Client promptly upon written request or the termination of the Agreement, and shall not thereafter be retained or used in any form or manner by Holmes Murphy. Notwithstanding the foregoing, subject to its obligations of confidentiality, Holmes Murphy may retain one copy of documents containing confidential information necessary for archival purposes and to defend its work product. This undertaking shall survive any termination of this Agreement. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 51 Item 9. VII. ASSIGNMENT This Agreement shall be binding upon, and shall inure to the benefit of the Parties, their administrators, executors, personal representatives, and successors. VIII. NOTICES Notices will be effective under this Agreement when in writing and delivered by next-day delivery service (with proof of delivery) or mailed by certified or registered mail, return receipt requested, to the appropriate Party below, with a copy to each Party’s respective General Counsel, Attn: General Counsel Jay Carter, Purchasing Manager Holmes Murphy & Associates, LLC Town of Prosper 2727 Grand Prairie Parkway Town Hall, 3rd Floor Waukee, IA 50263 250 W. First Street, PO Box 307 Prosper, TX 75078 or to the person and at the address designated in the future. Notices shall be deemed given on the date delivered or date of attempted delivery, if service is refused. IX. SEVERABILITY In the event any one or more of the provisions of this Agreement is held to be unenforceable or invalid under applicable law: (i) such unenforceability or invalidity shall not affect any other provision of this Agreement; (ii) this Agreement shall be construed as if said unenforceable or invalid provision had not been contained herein; and (iii) the Parties shall negotiate in good faith to replace the unenforceable or invalid provision by such as has the effect nearest to that of the provision being replaced. X. CAPTIONS The captions used in this Agreement are for convenience of reference only and are not to be used in interpreting the obligations of the Parties under this Agreement. XI. INDEPENDENT CONTRACTORS Nothing contained in this Agreement shall create any association, partnership, joint venture or principal/agent relationship between Client and Holmes Murphy, it being understood that the Parties are, with respect to each other, independent contractors, and neither Party shall have an authority to bind the other in any way. XII. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the substantive laws of the Stat e of Iowa, without regard to its conflict of law rules. XIII. WAIVER The failure to exercise any right under this Agreement shall not be deemed to be a waiver of such right, and shall not affect the right to enforce each and every right hereof. The waiver of any breach of any term, provision, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent, actionable breach. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 52 Item 9. XIV. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto constitute the entire understanding between the Parties concerning the subject matter hereof and supersede all prior discussions, agreements and representations, whether oral or written. This Agreement or any part or provision hereof shall not be deemed waived, amended, or modified by either Party unless such waiver, amendment or modification is in writing and executed by authorized representatives of both Parties. XV. COUNTERPART EXECUTION This Agreement may be executed in multiple counterparts, including emailed or telecopied facsimile, each of which when so executed shall be an original, and all of which shall constitute one and the same instrument. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 53 Item 9. In Witness Whereof, the Parties have caused their duly authorized representatives to execute this Agreement as of the day and year first above written. AGREED: Client: Town of Prosper Holmes Murphy & Associates, LLC By: _______________________________________ By: ___________________________________________ Name: ____________________________________ Date: _____________________________________ Name: ____Charisse Vaughn___________________ Date: ______2/21/2023_______________________ Title: _____________________________________ Title: _______Senior Vice President___________ DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 54 Item 9. Exhibit A – Scope of Services 1. Client management and Consulting Services  Facilitate initial client onboarding: Core Beliefs Exercise  Develop an annual set of milestones/project plans and deliverables based on scope of service offered.  Provide all guidance on all aspects of the employee benefit portfolio including plan design and contribution strategies.  Conduct semi-annual strategic meetings.  Facilitate pre-renewal strategic meetings to discuss objectives, expected financial impacts, and desired outcomes.  Manage and oversee day-to-day interactions with client vendor partners.  Provide HR team support for management of benefit plans and programs.  Provide nationally and regionally validated sources for benchmarking related to health and welfare programs.  Provide general education and consulting. 2. Marketing Services (New Clients/Renewals)  Facilitate the Request for Proposal (RFP) process requesting proposals, pricing, and specific benefit detail for insurance products to which we are appointed. In scope services encompass general insurance products and administration of insurance products only.  Evaluate provider networks which include provider discounts, access, service level, and potential disruption to the Town.  Conduct vendor negotiations and oversee finalist presentations. 3. Employee Communication Services  Develop enrollment communication calendar and timeline.  Create enrollment communications using our proprietary templates to educate and engage employees. These items can include postcards, posters, announcement emails, newsletters, benefits enrollment guides, and required notices. To meet deadlines, a maximum of two edits is requested. If multiple iterations are required, an additional fee may apply.  Prepare, strategize, and facilitate virtual Open Enrollment meetings.  Evaluate and provide feedback on communication tools and materials included in carrier contracts, such as plan selection tools, wellness newsletters, etc.  Provide templates for monthly employee benefits and wellness newsletters/emails.  Create and administer benefit satisfaction surveys. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 55 Item 9. 4. Compliance Services  Generate a proprietary Compliance Scorecard, which provides insight into areas that may need further attention.  Develop a plan of action to address any Compliance Scorecard items of concern.  Provide access to in-house compliance resources for routine questions and inquiries.  Provide on-going webinar and in-person education opportunities.  Provide access to online benefits and human resources portal containing compliance tools and resources.  Provide timely updates on compliance-related alerts via email.  Prepare compliance required notices in electronic format.  Recommend and assist with the implementation of vendor partners that facilitate compliance-related administration such as Leave of Absence administration, and ACA (Affordable Care Act) requirements. The costs of these services are not included in our scope of services. 5. Financial/Reporting/Data Analysis  Collect carrier and vendor claims, utilization, and cost data to provide financial reporting and analysis. Self-funded clients will receive this financial reporting monthly.  Prepare routine evaluations of the financial performance of benefit programs for which Holmes Murphy has been appointed.  Develop budgets using Holmes Murphy proprietary and actuarially validated budget and modeling tools, including and analysis of contribution strategies and plan design strategies.  Assist in risk levels and provide stop loss modeling when appropriate.  Proprietary Clinical Learning and Understanding Engine (CLUE) reporting when minimum employee lives, and revenue are met. 6. Pharmacy Strategy Consulting  Consult on evaluation and marketing of carve-out pharmacy solutions.  Facilitate formulary & prescription disruption analysis.  Represent client through negotiation of discounts off AWP, Rebates, Administrative fees, performance guarantees, and overall contract improvements.  Assist with new PBM installation/implementation support.  Review PBM contracts, policies, Summary Plan Descriptions (SPDs), and Summary of Benefit Coverage (SBC’s) for accuracy and consistency with the terms of the coverage sold. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 56 Item 9. 7. Clinical/Wellbeing Services  Consult on evaluation, implementation, and management of clinical and wellbeing solutions to meet client benefit portfolio goals.  Develop, with client team, a Disease-Specific Battle Plan to address current and future member health risks based on utilization and disease states.  Manage and oversee day-to-day interactions with client’s clinical and wellbeing vendor partners. 8. Additional Services not in scope  Language translation, printing, postage, and document delivery expenses.  Custom employee communication materials, including stock video libraries, custom videos, microsites, benefit apps, enrollment decision support tools, etc.  Plan document and SPD creation.  Compliance-related deliverables such as: Non-discrimination testing, ACA Section 6055 and 6056 reporting.  Partner/vendor file feed charges.  Employee compensation/total rewards statements.  Consult on evaluation, implementation, and management of clinical and wellbeing solutions to meet client benefit portfolio goals. 9. Value-Added Services  Clinical Plan review and Data Warehouse services through Holmes Murphy’s Clinical Learning and Understanding Engine (C.L.U.E.). We will compare the clinical and disease states of the Town’s population in comparison to normative and best practice plans so that the Town can better understand where gaps currently exist, along with the recommended programs and strategies to close those gaps.  Texas Municipal Medical Plan Benchmark. This benchmark includes 130 plans from 60 Texas Municipalities so that the Town can understand where your plans rank to other similar Employers that you are competing against for your talent. This will be provided to the Town at no additional cost. 10. Cost Control Services  Holmes Murphy will review the existing programs and will provide detailed costs estimates associated with changes to the current benefit programs based on affordability and best-fit for your employees for the following programs: Tax-advantage programs, Innovative RX plan designs, Clinical Wellness Programs, Employee Nurse Programs, Value-based Plan Designs, Contractual Discount Analysis, and Funding Alternatives. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 57 Item 9. 11. Quality Assurance  Holmes Murphy will establish an agreed upon scope of services on an annual basis aft er discussion with the Town, its leaders, and our team. At the end of the plan year, we will produce a Stewardship Report that reviews the agreed upon scope of service and provide insights into the services delivered including financial savings and overall performance.  The Holmes Murphy team assigned will internally utilize our Client Retention Tool to evaluate our ongoing service to the Town. This tool will allow the team to monitor project timelines, key deliverables, upcoming meetings, and deadlines. 12. Price Quote We propose to provide the full scope of services as outlined in this proposal for a fee of: Fee Description: Employee Benefit Consulting based on current size and headcount; a compensation amount of $50,000 plus standard commissions already built into select coverages. Fees that fall outside of the scope of services proposed include the following: Printing costs associated with employee communication materials and fulfillment. (Note: Our communications team designs the materials customized to the Town and then furnishes the digital file for you to print in-house or through your own print provider if necessary) Clinical data warehouse and analytics file feeds charges. (These charges are often one -time or as a pass- through charge to the Town’s medical/pharmacy carriers.) These charges enable a carrier’s EDI file feed to interface with our data warehouse and analytics platform. Wrap Plan & Summary Plan Document creation, if needed and not funded by the Town’s vendors. Use of Benefit Technology Resources (BTR) for special projects and RFPs, if needed. You have our commitment that in the event there are services needed that fall outside of our agreement, Holmes Murphy will never invoice you without first obtaining consent based upon an agreed upon fee. In this way, we avoid having any surprises that are not pre-approved. DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C Page 58 Item 9. Page 1 of 1 To: Mayor and Town Council From: Leslie Scott, Director of Library Services Through: Mario Canizares, Town Manager Robyn Battle, Executive Director of Community Services Re: Library Policies Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon approving an update to the Library Policies. Description of Agenda Item: The Prosper Community Library Board has conducted a review of the current Library Policy with the assistance of staff. The Board determined that the existing Library Policy was overly restrictive on teleconferencing in the study rooms and time limitations of study rooms, yet not restrictive enough with children left unattended in library. The proposed updates to the policies include changes in word choice, children left alone in library unattended, study room teleconferencing, and time allotments. These formalized policies will protect both the patrons and the library, present a professional mode of business, and support the American Library Association standards of library conduct. The Prosper Community Library Board approved the proposed changes at their February 9, 2023 meeting. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the policies as to form and legality. Attached Documents: 1. Library Policies Redline Version 2. Library Policies Clean Version Town Staff Recommendation: Town staff recommends that the Town Council approve an update to the Library Policies. Proposed Motion: I move to approve an update to the Library Policies. Prosper is a place where everyone matters. LIBRARY SERVICES Page 59 Item 10. Prosper Community Library Policies Mission Statement To inform, encourage, engage, and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning, and build community. The library upholds and supports the “Library Bill of Rights.” Purpose of Policy This document states the policies and plans governing the Prosper Community Library. Hours of Operation The library's hours of operation are intended to serve the needs of the greater community. Hours of operation of the library facility will be recommended by the Library Director and Library Board, with approval of the Executive Director of Community Services, Town Manager, or Town Council. Hours of operation are dependent upon budget, staffing levels, and usage patterns. Hours may be modified, reduced, or extended depending upon these factors. Business hours are subject to change due to town recognized holidays, emergencies, inclement bad weather or by other library actions. Circulation Policy Borrowing materials from the Prosper Community Library is a service and a privilege extended by the Town of Prosper to facilitate the use of its library materials, programs, and space. The Library Director is authorized to promulgate and enforce such rules, procedures, and limitations as may be necessary for the protection of the town's library property, as well as for the widest and best use of the materials and space. This includes limiting by type, subject, format, quantity, and time the materials which may be circulated. The library is also authorized to establish rules, procedures, and parameters for the provision of borrower registration privileges, library card uses, and the renewal of privileges. Misuse, abuse, or neglect of returning library materials repeatedly may result in forfeiture of library membership. Patron Registration Any taxpaying resident of the Town of Prosper, upon completion of an application, proof of identification and tTown residency, is eligible for free library membership. Identification will be a valid US or Texas government photo ID card or driver’s license. Proof of residency will be confirmed through CAD (County Appraisal District). In lieu of an expired or invalid government state issued photo ID card and/or CAD verification, some form of official photo identification and or driver’s license, a lease/home closing documents and/or most current a utility bill (i.e., water/sewer, gas, electric) may suffice. There are two (2) categories of membership to obtain library cards: • Free permanent as well as limited memberships are available to those who can document* that they live in a household that receives/pays a Town of Prosper utility bill and the CPR/C48 (Prosper Town) tax. o In-person renewal is required bi-annually (every 2 years). Page 60 Item 10. • Paid memberships apply to those who do not pay a Town of Prosper utility bill or the CPR/C48 (Prosper Town) tax. The cost is $50 per library card holder annually. o In-person membership renewal and payment are required annually. o Acceptable Residence Verification Documents: There are two primary ways to prove residency: 1. Present a valid/non-expired government issued photo identification indicating your correct address. 2. If your the photo ID does not indicate your correct applicant’s correct address, you the applicant will also need a paper or digital utility bill (water, sewer, gas, electric) indicating services to the your place of residence in addition to a your photo ID. o If you are the applicant is a new resident and has have not yet received a utility bill, closing documents or rental/lease agreements indicating your place of residence will suffice. Purchase contracts are not accepted. Collin or Denton County’s Appraisal District databases may be referenced to determine which city or town a the library card applicant pays their taxes to. These databases can be found at www.collincad.org/ or www.dentoncad.com/. Non-residents must may pay an annual membership fee of $50 per card. Identification requirements are the same for a resident. Membership is non-refundable and is not prorated. A Temporary Membership may be obtained with other forms of identification. See library staff for qualifications and rules for this type of adult membership. By applying for a library card and the associated privileges, the individual agrees to abide by all policies and rules of the library and acknowledges responsibility for all items checked out on the card including reasonable care and protection from damage. By use of the library card the patron agrees to pay for any lost or damaged materials checked out on the card, as well as any fees assessed on the account. The patron also agrees to promptly notify the library if the card is lost or stolen. The parent accepts legal responsibility for the child's use of the library and all materials checked out on the child's card, including charges for lost or damaged materials or any library fees assessed on the account. Individuals who have attained the age of eighteen (18) are an adult as to library usage and may assume the responsibilities which accompany the obtaining of a library card by applying for their own separate card. This does not relieve the parent/guardian of any obligations that are incurred by their minor child, as defined by and under the laws of the State of Texas. The library reserves the right to verify identity and confirm patron information at any time. Borrowers holding a valid library card must present their own card at the time they wish to check out materials; however, a family member or designated individual is permitted to check out materials on another member's card if they have possession of that card. Positive identification Formatted: Not Expanded by / Condensed by Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 1.32", No bullets or numbering Page 61 Item 10. may be requested for verification purposes. A patron may not check out items on a card they do not hold in their possession by any other means. Circulation Procedures Borrowers in good standing regarding overdue/lost items and whose accounts are clear of fees, charges, or other restrictions will be permitted to check out materials for the time specified for those materials. • Patron may check out up to twenty (20) items maximum per card. • Materials are loaned for a period of two (2) weeks. • One (1) kit maximum per card. • Library materials should be returned on or before the due date. If they are not returned by the due date, they will be considered overdue. • Patrons are responsible for all materials that are checked out on their account. • When materials are not returned by the proper time, procedures will be initiated to contact the patron. Once an item becomes overdue, patrons will receive overdue notices via email and the The patron’s account will be locked restricted until all items are returned and borrowing privileges will be suspended. • E-books are available with a library card in good standing through the library’s electronic materials provider in accordance with their contracted use policies. Overdrive/Libby. Up to five (5) items may be checked out at one time, each for a maximum of two (2) weeks. Items may not be renewed, but they may be returned and checked out again if not on hold for another patron. A hold may also be placed on items that are not currently available for checkout. Holds/ To Go Service Prosper Community Library permits patrons to place a hold on certain designated types of materials. A maximum of 10 holds may be placed per library card. If a library card already has 20 items checked out, it will not allow holds to be checked out until enough items are returned to allow for the holds to be checked out. When the hold item becomes available, the items will be checked out to the patron and the patron will be notified and given five (5) three (3) library business days to pick up the item(s). When holds are repeatedly not picked up, the library software will restrict designate their card and all associated cards as blocked for future holds due to abuse. This restriction designation is irrevocable by library staff and the Library Director. New cards may not be issued to circumvent the abuse block. Renewals Items, except for hotspots and kits, may be renewed one time unless a hold has been placed on the items. • Renewals may should be made online, by phone, or in person by the patron through their account’s login the day before the items is due. • Once an item is overdue, renewal is may no longer be possible due to repeated overdue/abuse of the library’s lending policy, at which time the item(s) must be returned to the library and made available for other patrons. an option, and the item must be returned to the library. Formatted: Not Expanded by / Condensed by Page 62 Item 10. • Patrons may not circumvent this renewal policy by checking an item in only to check it out again. Library Fines/Replacement Costs for Lost/Damaged Materials: Library materials that are returned in a damaged condition are evaluated according to current library guidelines. Minor damage may be repaired so that the material may continue to be used. Significantly Heavily damaged or missing pieces to items will remain in the patron’s account until the missing piece(s) has been returned and will be withdrawn from the collection and replacement cost and fee assessed. • The replacement cost of library materials will be charged to the patron for a lost or damaged item. • Items may NOT be purchased by a patron and brought to the library to replace an item they lost or damaged. • The patron will be charged a $5.00 replacement fee in addition to the assessed value of the item. • Patrons and their dependents who owe a fine or have lost overdue materials will not be allowed to check out items or renew membership until all fees are paid. • A refund may be issued if lost item is found and returned to the library in the same condition it was borrowed within 30 days of payment. Abuse of this policy will result in forfeiture of this refund policy. Staff Computer Assistance Computer Assistance by Library Staff The library provides computers and wireless access as a resource to the community and expects patrons to use them independently. Library staff does not provide one-on-one training on how to use the computers, websites, or computer programs. Library staff does not provide technical services for gaining access to the wireless network for personal computers brought into the library, cell phones, electronic reading devices, or other personal devices. Patron Confidentiality Prosper Community Library supports intellectual freedom for everyone and has established these regulations to protect personal identifiable information contained in library records accessible in the library or through its computer systems. • Patron records are regarded as confidential by library employees. Library staff will not discuss contents with others. • Library staff will access patron records to conduct library business only. • Library staff will seek counsel from the Town’s Attorney before responding to any request by a third party for personally identifiable information about any user. Such information includes database search records, reference interviews, electronic requests for information, circulation records, and other personally identifiable uses of library materials, facilities, or services. • A person who presents a library card belonging to another individual for any purpose is not granted access to the confidential records associated with the library card, unlesscard unless that person is the parent or guardian of the minor card holder owner who is a minor. Formatted: Bulleted + Level: 1 + Aligned at: 0.32" + Indent at: 0.57" Formatted: Font: 12 pt Page 63 Item 10. Study Rooms The library has limited study room space.; Aas a result, this our policy is in place an attempt to create fair access to these space. Study rooms may be used on a first come, first served basis. Study Room Use 1. Patrons (adult or juvenile) must have a valid Prosper Community Library card in good standing. 2. Users must sign up for the use of the rooms at the time of use at the 2nd floor reference desk. Member users must check-out the room via presentation of their library card or photo ID. 3. Study rooms can be utilized for one-hour sessions. If there is no further demand for use of the room, the patron can request the room for an additional one-hour session. Patrons will be limited to two hours’ total use of a study room use per day. Study rooms may be utilized for two hours on a first come, first served basis. After two hours, the occupants may continue to use the space provided no one requests the space. The room in which the occupant has used the room the longest will be the first required to vacate. 4. If a study room is not available upon arrival, the patron will be informed as to when one will be available. 5. If a study room is not available, a patron may sign up to be next in line, and must remain in the library to wait their turn., and their time begins when they take possession of the study room. 6. Any study room left unattended for more than 15 minutes will be considered vacant and available for use by others. Unattended items will be placed in the library’s lost and found. 7. The Prosper Community Library assumes no responsibility for either library or personal possessions left in the study room. 8. Light pre-packaged snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 9. Reservations are not taken for study rooms. No phone or email requests are allowed. Requests can only be made in person at the time of use. 10. No one under the age of 13 years old may utilize a study room without adult supervision, nor use the room alone. 11. Maximum of four individuals may use occupy a study room at one time. 12. In the case of groups (four or less) using the room, one person will represent the group for its tenure in the room. Consecutive, hourly signups by other persons of the same group are not allowed. only allowed for one additional hour if no one is waiting for the room. 13. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 14. Disruptive behavior will lead to a loss of access to the study room(s). Noise should be held to a reasonable level as the rooms are not soundproof. No teleconferencing allowed of any kind (Skype, FaceTime, Zoom, conference call, etc.). 14.15. Teleconferencing and/or phone calls are allowed as long as the volume is not considered disruptive or intrusive as the rooms are not soundproof. 15.16. Study Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Page 64 Item 10. Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual. 2nd Level Conference Room/Quiet Room The 2nd Level Conference/Quiet Room serves a maximum of eight (8) people for the purpose of allowing individuals or small groups to meet or to have a quiet workspace. It cannot serve both roles (conference and quiet space) at the same time, and therefore can only be one or the other at any given time. Used as a Conference Room: The intent is to accommodate activities such as discussion groups, panels, small lectures, or meetings. Social events are not permitted. 1. Conference Room must be reserved by an adult via a Prosper Community Library cCard in good standing. Card holder must be in attendance of the meeting taking place in the conference room. 2. Reservations must be made in person and no more than one week in advance. at the 2nd floor reference desk. No phone or email reservations are accepted. 3. A maximum of 8 people may use the room at any time. No additional seating may be taken from the library and relocated into the room. 4. Attendees must be at least 1315 years old. 5. Conference room may be reserved for a maximum of two hours. Once a room is booked by one library card holder, it may not be booked further by anyone else in the group. 6. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 7. Light snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 8. The library will not provide computers, projectors, or other electronic equipment. Nor does the library provide personnel to assist in technical support, room set up/take down, or other materials needed by groups using the conference room. 9. Disruptive behavior or group activities which may cause a disruption to regular library operations will lead to an immediate loss of access to the conference room. 10. Chairs and tables exclusive to the room are provided by the library and restoring to original furniture set up is the responsibility of the user. 11. Meetings taking place near the end of the library operating day must be completed, cleaned up and vacated 10 minutes before the end of the reservation/close of library. 12. Conference Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual (including professional tutoring services). 13. Solicitation or sales of products and services is prohibited. Charging fees, selling items, charging fees for attendance, or a requirement to purchase materials is not allowed. Page 65 Item 10. Used at a Quiet Room: When not reserved for a meeting, this space is intended for quiet study or reading. 1. Furniture set up is not to be adjusted. 2. Light snacks and drinks in covered containers are allowed. Proper disposal of forementioned items is required upon vacancy. 3. Foods that emit smells are prohibited. 4. Cell phones must be set to silent, and all calls taken outside the library. 5. Group study or work are considered a meeting and should be booked as such. Minimum number of 4 people are required to reserve the conference room for that use. 6. Room reservations will be posted on the entrance to the Conference Room/Quiet Room and occupants will be given a 10-minute notice to vacate 5 minutes before the next scheduled reservation. 6.7.Occupants must be 13 years of age or older. Collection Development Prosper Community Library seeks to fulfill its mission by selecting, acquiring, organizing, preserving, maintaining, and providing access to a collection of materials in the most current formats available, including electronic resources. The collection will address the interests and needs of the diverse community it serves in a format that is best suited to meet those needs and interests. Materials Selection Policy This policy guides the development and continuous evaluation of library materials to reflect Prosper Community Library’s mission to inform, encourage, engage and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning and build community. Prosper Community Library provides library materials in a variety of formats that: • Inform the public of timely issues and timeless ideas. • Encourage people to discover, create, and learn. • Engage citizens to explore diverse opinions and conduct research on topics of interest. • Entertain all ages seeking recreation and leisure. 1. Philosophy and Objectives Prosper Community Library’s service commitment is to the people within its service area, including people of every age, education, background, personal philosophy, religious beliefs, occupation, economic level, ethnic origin, and human condition. The library upholds the right of the individual to secure information, even though the content may be controversial, unorthodox, or unacceptable to others. To represent the diversity of thought within the Prosper community, materials available in the library encompass a variety of viewpoints enabling citizens to make the informed choices necessary in a democracy. The library does not endorse beliefs or views, nor does the selection of an item express or imply an endorsement of the viewpoint expressed by the author. Prosper Community Library encourages free expression and free access to ideas, both essential elements in a democratic society. The library supports the individual’s right to access Page 66 Item 10. ideas and information representing all points of view. The library subscribes to the principles of the American Library Association’s “Library Bill of Rights,” the “Freedom to Read Statement,” and the “Freedom to View Statement,” which are included as appendices to this policy. The collection contains information on a variety of subjects and views and is organized to provide free access to patrons within the limitation of space and budget. A complete collection of all that is published is not a realistic goal. However, the library strives to create an attractive, current, and balanced collection representing all fields of knowledge and all sides of issues in an unbiased manner. 2. Responsibility The authority and responsibility for the selection of library materials rests with the Library Director. Library card holders may recommend materials for consideration through the library’s membership software. 3. Collection Structure The placement of materials within the library is determined by several factors. The library uses the Dewey decimal classification scheme which divides materials by subject. Professional catalogers use Dewey and Library of Congress subject headings to place materials into the proper subject areas and assign them to Adult, Young Adult, Juvenile, Reference, or other specific areas of the library. 4. General Selection Criteria Prosper Community Library seeks to develop an outstanding collection within the constraints of budget allocations and shelf space. Materials purchased for the collection are not an endorsement by the library of either the content or viewpoint presented in them. The library provides, within its financial and space limitations, a general collection of materials embracing broad areas of knowledge, as well as literary and cultural genres. Included are works of enduring value and timely materials on current issues. Within the framework of these broad objectives, selection is based on community demographics and evidence of areas of interest. Collections are reviewed and revised on an ongoing basis to meet contemporary needs. Collections are current and popular, not archival, and materials are not needlessly duplicated. Collections provide general coverage of subjects and reflect the characteristics of the community. Materials are withdrawn from the collection to maintain the collection’s usefulness, timeliness, and relevance. To build and maintain a collection of merit, materials are evaluated according to one or more of the following criteria. Not all criteria must be met and no one criterion will be decisive. Additional criteria may be used to select materials for specific collections. • Current and relevant to community needs and interests • Suitability of subject and style for intended audience • Attention of critics and expert reviewers Page 67 Item 10. • Cost in relation to value to the collection • Comprehensiveness • Skill, competence, purpose of author • Reputation and significance of author • Objectivity • Authenticity of history or social setting • Consideration of the work as a whole • Representation of diverse point of view • Suitability in physical form for library use • Technical quality • Local or national significance • Legal or licensing rights • Adheres to accreditation standards set by TSLAC 5. Selection Tools Among the selection tools used by the Library Director and library staff include professional library journals, trade journals, subject bibliographies, publisher’s reputation, promotional materials, and reviews from reputable sources. Since the Library collection reflects the unique community culture of Prosper, consideration is also given to materials requested by citizens of the community. Circulation history, statistics, and books in series will determine additions to the collection as well. 6. Excluded from selection: • Textbooks and curriculum-related works unless they are considered useful to the general reader as introduction to a subject and their presentation is superior to other sources. • Scholarly and technical materials that are carried by academic or specialty libraries. • Items having removable media such as memorabilia, patterns, stickers, sound, or toys. • Items that have moveable parts such as flap book, tactile learning, or manipulatives (with the exception to items deemed “kits.”) • Puzzles or workbooks that encourage filling in blanks. • Materials that are publicized solely through infomercials or personal websites. • Self-published/subsidy published materials unless they are reviewed in established publications. • Rare book: Since it is the public library’s function to make materials available to all users, the Prosper Community Library does not collect rare or unusual materials that require special handling. Rare publications pertaining to Prosper, or Texas history will be given to the Prosper Historical Society or another appropriate institution for preservation and protection. • Genealogical materials. Collection Responsibilities Responsibility for the collection rests with the Library Director, who operates within the framework of the Collection Development Policy. The Library Director delegates to staff Formatted: Not Expanded by / Condensed by Page 68 Item 10. members authority to interpret and apply this policy in daily operations. All staff contributes to the development of collections driven by patron needs and expectations by: • Engaging in open, continuous communication with patrons. • Handling all requests equitably. • Understanding and responding to continually changing demographics, as well as societal and technological changes. • Recognizing materials of varying complexity and format necessary to satisfy diverse needs. Collection Maintenance The library keeps its collection vital and useful by withdrawal and replacement of essential materials, and by removal of those works that are worn, outdated, unnecessary duplicates, or no longer in demand. The library uses the Texas State Library and Archive Commission’s CREW Method (Continuous Review, Evaluation, and Weeding) for guidance when reviewing collection. Donated Materials (Donations may not be accepted during COVID-19 health crisis spikes to decrease exposure to library staff.) The library accepts donations of books, audiobooks, and DVDs that are gently used, in excellent condition, with current publication dates. However, nNot all donations are added to the collection. Self-published donated items will not be added to the collection without positive professional reviews. Donated materials not added to the collection are not returned to the donor but may be sold in the annual Friends of Prosper Community Library book sale fundraiser or disposed of if not deemed suitable. Games, toys, puzzles, workbooks, sheet music, etc., are not accepted. The library retains unconditional ownership of all donations. The library does not place a value on donations, nor provide appraisals for income tax or any other purpose. A tax deduction receipt letter is available for all donations. Gift subscriptions to periodicals are welcomed and accepted if the periodical falls within the guidelines of the Collection Development Policy and must be pre-approved by the Library Director. Purchase Requests Purchase suggestions from patrons provide librarians with useful information about local interests or needs not currently met by the collection. The librarians evaluate requests for specific items in accordance with the established selection objectives and criteria. If the item is not added to the collection, the patron may have an opportunity to borrow the items through Interlibrary Loan. Local Author Donation A Local Author Donation form must be completed and submitted to the library. The Local Author Donation Committee will review the application and notify the donor of its determination. Forms are available in the library only. Public Notices and Non-Library Materials Only information pertaining to created/published by the Town of Prosper and Prosper Community Library and its programs and events may be displayed or distributed in the library. Formatted: Font: Not Bold Page 69 Item 10. Reconsideration of Materials Prosper Community Library believes that censorship is a purely individual matter and declares that, while any person is free to reject for themselves materials of which they do not approve, they cannot exercise this right of censorship to restrict the freedom of others to read, view, listen, or inquire. The Prosper Community Library subscribes to the American Library Association’s “Library Bill of Rights” and has set these regulations in place to assist in fulfilling the library’s mission to serve the residents of Prosper. Any patron who is a resident of the Town of Prosper and holds a library card in good standing from the Prosper Community Library is encouraged to speak with library staff if they have questions about the library’s collection development policies. If a resident’s concern is not satisfied through discussion with library staff, the resident may create/write a letter titled “Recommendation for Reconsideration of Materials Letter” and send it to the Library Director. For a Recommendation for Reconsideration of Materials to be considered by the library administration, it must meet the following criteria: • The patron must be a Town of Proser resident (Town of Prosper [CPR/C48] taxpayer) and hold a library card in good standing from the Prosper Community Library. • The recommendation letter must be submitted to the Library Director. The Library Director will respond directly to the patron or refer the recommendation to the library administration and Library Board for review. The Library Board and administration will review the recommendation and prepare a report to the Library Director. This report will determine whether the materials in question continue to meet the selection criteria of the library, and the Library Director will utilize this report in providing a response to the patron. The review process will be completed within thirty (30) days from the date the Recommendation for Reconsideration of Materials letter is received by the Library Director. Interlibrary Loan Interlibrary Loan (ILL) is a service that allows Prosper Community Library card holders access to materials in the collections of other libraries by request. If the materials a cardholder desires are not available in the Prosper Community Library’s collection, library staff can attempt to borrow it via the ILL system. An ILL request form must be submittedcompleted in person and a nominal the return shipping fee determined by current USPS fee schedule, will be charged to the patron’s account upon the library’s receipt of the item. This fee must be paid when the item arrives regardless of whether the item is ever picked-up by the patron. Cancellation of the ILL request does not negate this fee.. Availability and speed of service is solely dependent on the ILL request software system, lending library processing, and USPS delivery timelines. Children in the Library The Prosper Community Library provides a warm, welcoming, exciting, and safe environment for people of all ages. Children are welcome in the library, and the staff cares about their welfare. Responsibility for the safety and behavior of children in the library rests with the parent or caregiver., not with library staff. Page 70 Item 10. The safety of children left alone in the library is a serious concern of the library staff. The staff have many duties to perform to serve all users of the library. Library staff cannot monitor the behavior and safety of children using the library. Children under the age of 8 must be physically with an adult parent/caregiver. Parent/caregiver must attend and be engaged in programs with the child as well. Children under the age of 13 must be supervised by a responsible adult (18 years or older). If a child under the age of 13 is in the library attending a library program, a parent/caregiver must be in the building and aware of the location and behavior of the child. Children ages 13 - 17 may use the library on their own if they and are expected to comply with all library rules and the Prosper Community Library Standards of Conduct Policy. Parents/caregivers are still, however, responsible for the behavior of their children. If children do not comply with library rules and the Prosper Community Library Standards of Conduct Policy, library staff may ask them to leave the library and the parent/guardian or police may be contacted. If a child is not able to leave the library without an adult, he/she should not be in the library alone. Children must also have the phone number of a parent/caregiver who may be contacted in an emergency. Unattended/Abandoned Children after Closing Time Children under 13 are to be always supervised while at the library. The library is not responsible for children without transportation at closing. Library staff will exercise appropriate procedures to ensure the safety of unattended children when the library is closing. Parents/caregivers are responsible for being aware of the library’s hours of operation. Parents/caregivers must also keep in mind that the library may close unexpectedly for reasons out of the control of staff, such as a power outage, inclement weather, etc. If no one has arrived for the child within ten (10) minutes after closing time, the staff will call the Prosper Police Department. Two library staff members will wait for the police with the child. Once the police arrive, the child will be turned over to the Prosper Police, and the library staff members will no longer be responsible for the unattended child. Orientation/Tours Private group tours are available by scheduling directly with the Library Director. Exam Proctoring The Prosper Community Library does not offer proctoring services. Page 71 Item 10. Purpose Standards of Conduct Policy The purpose of this policy is to establish standards of conduct for the comfort, safety and protection of library patrons and library staff. Library staff will firmly and courteously enforce these rules. The library expectsasks for each patron’s cooperation in maintaining an environment conducive to enjoyable use of the library for all. Conduct Policy Those using the library are responsible for conducting themselves and minor children in their care in a manner that does not threaten the safety, or disturb, or interfere with the right of any other patron or with library employees’ performance of their duties. Visitors, while in the library, shall be engaged in activities normally associated with the use of a library such as reading, studying, using library materials, attending programs/events, or other appropriate activities. The library reserves the right to restrict a person’s use of the library if they violate the Prosper Community Library Standards of Conduct Policy. Standards Improper conduct is prohibited while on library premises, include but are not limited toincluding: 1. Weapons of any kind. 2. Damaging or vandalizing library facilities, equipment, or materials. 3. Using abusive, obscene, or profane language or acts. 4. Abandoning, neglecting, or leaving children under the age of thirteen (13) unattended by a parent or authorized caretaker or otherwise violating the Children in the Library portion specified in the policy document. 5. Arriving late (more than 5 minutes) to a children’s library program or being disruptive during a program. 6. Using or being under the influence of any intoxicant, narcotic, or similar substance while in the library building or on library grounds. 7. Using tobacco products, including e-cigarettes. 8. Offensive bodily hygiene that constitutes a nuisance to others. 9. Inappropriate attire, i.e., attire including swimsuits, revealing or filthy/odorous clothing, etc. (Shirt/top, pants/skirt/shorts, shoes/sandals/etc. are required.) 10. Selling, soliciting, or panhandling. 11. Gambling. 12. Lying on the floor or sleeping. 13. Blocking library entrances or exits. 14. Petitioning, proselytizing, soliciting, or selling merchandise or services (other than tutoring) without written permission from the Library Director. 15. Removing library materials without following proper checkout protocol. 16. Moving other patron’s items without their permission. Page 72 Item 10. 17. Causing noise that interferes with patron use of the library, including but not limited to the playing of audible electronic devices or engaging in loud or disruptive conversations. 18. Audible sound coming from an electronic device. (Earbuds or headphones must be worn such that residual sound cannot be heard.) 19. Audible cell phone notifications. (Cell phones must be put on silent or vibrate mode.) 20. Phone conversations. Cellular phone calls must be conducted outside the library. must be brief and non-disruptive to library patrons. Patrons are encouraged to take phone calls outside of the library. 21. Excessive noise of any kind. The library expects patrons to be respectful of other patrons’ ability to concentrate and focus while utilizing the library’s resources. 22. Consuming food or drink on the library premises except in authorized situations (drinks are allowed in closed containers only). 23. Bringing in any animals except service dogs. 24. Entering library with bicycles, roller skates, roller shoes, scooters, skateboards, or other similar devices. 25. Monopolizing library space, seating, tables, or equipment to the exclusion of other patrons or staff as determined by library staff. 26. Leading or conducting a program or event in the library without Library Director’s prior approval. 27. Harassing a patron or staff member through noisy or boisterous activities, staring at or following another person with intent to annoy that person, or fighting physically or verbally. 28. Refusing to follow reasonable direction from library staff, including but not limited to leaving the library during normal closing procedures or during an emergency evacuation. Program Etiquette For the enjoyment of all attendees, arriving on time, participating, interacting, and refraining from socializing (phone and in person) is expected during the event. Ticketed entry for programs is for card holders or their designated users as a guardian (nanny, grandparent, etc.) Non-members may not utilize member’s cards for program access. Library patrons who choose not to follow the Library’s Standards of Conduct Policy, will be asked to correct the unacceptable behavior. If the behavior continues, that patron will be asked to leave. Prosper Police Department will be called if the patron refuses to leave. Responsibility and Authority Final responsibility and authority for maintaining acceptable standards of conduct in the library rests with the Library Director, who will operate within a framework of policies and procedures adopted by the Town. The staff will operate under the Library Director’s delegated authority. The library is authorized to develop such procedures, guidelines, and rules as may be necessary to carry out these policies. Further, the library is authorized to utilize appropriate technologies to address the implementation of these policies. Lost and Found Prosper Community Library assumes no liability for the personal possessions of patrons using the facility or items left at the library. As a public service, the library does maintain a lost and found. Page 73 Item 10. All items found by the library staff will be taken to and stored for two weeks in the library workroom area. When a lost item provides information regarding the possible/potential owner, library staff will attempt to contact the owner. Flash drives found in the library will not be viewed for any reason by staff and will be disposed of at the close of the day lost/left. Items that pose a potential health risk are disposed of immediately. Lost items will be kept for 30 days before being discarded. Emergency Situations Fire In the event of a fire, library staff will sound the fire alarm, report the fire to 911, and ask everyone to evacuate the building. Sudden Inclement Weather In the event the Town sounds its Emergency Sirens, staff will instruct/require library occupants to move and occupy its first-floor interior restrooms until safety authorities lift the emergency protocol. Medical Emergencies In the event of an ill/injured patron, library staff will respond positively with any reasonable help. If the ill/injured person is unable to make a call, the library staff will assist in notifying their requested person or call 911 if necessary. Patron Confidentiality Prosper Community Library is committed to the protection of all library patron’s right to privacy in the use of library resources and discloses patron information to the patron only. In regard to minors, information may be disclosed to the registered parent/guardian listed on the account. Library records will only be disclosed under court order, subpoena, or warrant as outlined in state statue, Texas Government Code, Section 552.124 and the surveillance provisions included in the USA PATRIOT ACT (Public Law 107-56) Formatted: Justified, Right: 0.2", Space Before: 0 pt Formatted: No Spacing, Justified Formatted: Justified, Space Before: 0 pt Formatted: Font: Bold Formatted: Font: Bold Page 74 Item 10. Prosper Community Library Patron Acceptable Use Policy For Internet and other Technology-Related Items Services Available Typical services may include Internet access, computer applications such as word processor, spreadsheets, database access, children’s educational and software applications, and other technologies as they become available. Services may be added and deleted as decided by the Library Director. The library’s electronic services are not intended to provide access to every software or hardware application or to every source of information available. The library does not offer email accounts but allows access to free email providers on the Internet. Information on the Internet is not necessarily current, accurate, or complete. While valuable information is available on the Internet, some may be obscene, patently offensive, or harmful, especially to minor children, as defined by applicable state and/or federal laws. For purposes of this policy, minors are defined to include all individuals under the age of eighteen (18) years. Since the Internet makes accessible a rapidly changing array of resources, it is not possible for the library to control or monitor content on a regular basis. The library utilizes software that blocks sources on the Internet that are obviously inconsistent with the library’s mission. This does not fully guarantee that individual users are protected from accessing information they personally deem undesirable or disturbing. Be advised that filtering software is not foolproof; it diminishes the likelihood of seeing offensive material on the Internet but does not eliminate the possibility. User information is deleted after logging off and each evening software resets the computers to default library settings clearing all cached data from that day. Internet Access Library electronic resources are for educational, informational, and appropriate recreational purposes only. The library takes precautions to restrict access to controversial materials. However, a global network is impossible to control. Any user may access a website that is potentially controversial. We firmly believe that the valuable information and interaction available on the Web far outweighs the possibility that users may access material that is not consistent with the goals of the Prosper Community Library. Although the library provides access to electronic information, this does not imply sponsorship or endorsement. It is the responsibility of the patron, parent, or guardian to determine the accuracy, appropriateness, and usefulness of information accessed through electronic resources. The Prosper Community Library assumes responsibility only for the information found on the Town of Prosper website. Page 75 Item 10. Restriction of a minor's access to, or use of, electronic resources is the responsibility of the minor's parents or legal guardians. The library is not responsible for the content of electronic resources to which its patrons link, for the content of sources accessed through secondary links, or for the previous patron’s search history. Patrons should expect no privacy when using electronic resources provided by the library whether accessed from an external site or internally, as these are public computers used in a public place. Neither the Town of Prosper nor the Prosper Community Library can be held responsible for losses or liabilities, direct or indirect, incurred using electronic resources provided by the library. The library is not responsible in any way for a personal electronic device brought into the library. The library does not guarantee the availability of electronic resources. Ages, Registration & Time Limits 1st floor: • 1st floor Internet computers require a library card to sign in. • Children twelve (12) and younger are to use the 1st floor computers. Adults and teens assisting a child may utilize the computer in this area only if they child is with them, and they are working on an activity with the child. • AWE computers are first-come first-served and do not have time limits. Headphones must be worn during use. • Earbuds or headphones must be worn any time sounds are emitted from computer. 2nd floor: • All users of 2nd floor computer workstations must sign in at the reference desk. • Computers on the 2nd floor are intended for adult use, but if utilized by a child under the age of 13, it must be under the immediate guidance and supervision of their parent or guardian.Only adults eighteen (18) and older may use the adult computer area. • Laptops are to may be used in the Teen area by children ages thirteen (13) – seventeen (17). • Earbuds or headphones must be worn any time sounds are emitted from computer. All computer workstations are available on a first-come, first-served basis. Time limits may be imposed on all computer workstation use. Time limits may vary depending on available computers and waiting patrons. Use by Children/Minors Children’s Internet computer access on 1st floor requires library card login. Parent/guardian signing minor in assumes responsibility for use. Although the library has a filter in place to uphold the Children’s Internet Protection Act (CIPA), the library nor its staff is responsible for assuring the appropriateness of information accessed by children. Adult assumes responsibility of cost of printing from children’s computers at $0.20 .10 per page. Page 76 Item 10. Prosper Community Library Computer and Internet Use Policy 1. Parents, and legal guardians, and caregivers are responsible for monitoring their children’s use of the library computers, access to the Internet, and the information accessed by minors. 2. Reasonable care of the computers by the user is expected. Misuse of computers will result in loss of computer privileges. 3. Library staff may assist the user in accessing the Internet and appropriate printing devices but cannot provide in-depth assistance and/or training. 4. The charge for printing is $0.20 10¢ per page (color or black & white) and must be paid at the time of printing. Exact change is required. Credit cards may be used for printing equaling $3.00 or more. 5. Printers are not available via wireless connections from library laptops or personal devices. 6. Users may not store materials on the hard drive of any computer owned by the library. Users are expected to store materials using their own peripherals, e.g., flash drive. 7. Use of any information or materials on sites you access is entirely at your own risk. 8. Users will not perform any of the following acts: a. Attempt to access devices or resources to which you have no explicit, legitimate rights. b. Copy, reproduce, or transmit any copyrighted files or information other than in accordance with the requirements and allowances of the copyright holder. c. Launch network attacks of any kind including port scans, DoS/DDoS, packet floods, replays or injections, session hijacking or interception, or other such activity with malicious intent. d. Transmit malicious software such as viruses, Trojans, and worms. e. Surreptitiously install software or make configuration changes to any device or application, by means of the installation or execution of key loggers, registry keys, or other executable or active application or script. 9. Users will use the access provided here responsibly and with full regard to the safety, security, and privacy of all other users, devices, and resources. 10. Users will be mindful of the cultural sensitivities of others while using this portal so as not to provoke reaction or offense, and will not intentionally access pornographic, graphically violent, hateful, or other offensive material (as deemed by the Town) regardless of others' sensitivities. Page 77 Item 10. 11. Users understand that unauthorized use of resources through this portal may give rise to a claim for damages and/or be a criminal offense. 12. As with most public internet connections, the library’s internet connections, especially via wireless connections are not guaranteed to be secure. Caution should be exercised when using the library’s computers. Wireless users should not transmit their credit card information, passwords and any other sensitive personal information while using any wireless connection. The library will not be responsible for any personal information (e.g., credit card) that is compromised. Restarting the computer at the end of use will erase all data from that station. 13. The library will not be responsible for any damage caused to your hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up-to-date virus protection on their personal laptop computers or wireless devices. 14. The library reserves the right to log or monitor traffic to ensure that these terms are being followed as directed by Town of Prosper legal counsel. 15. Misuse or unauthorized use of Library computers and information resources will result in revocation of library privileges. User privileges can and will be revoked upon any violation of this policy. The library staff in charge has full authority to disallow further usage of workstations. Any appeal for reinstatement of privileges must be made through the Library Director and Information Technology Director, with whom the final decision will rest. Usage that encroaches upon standards set by law will be dealt with appropriately and firmly. Federal, state, and local laws concerning these matters will be upheld, and violators may be subject to prosecution. Wireless Use Library visitors who bring their own devices to the library may access the Internet through a wireless network. Library wireless users are required to adhere to the same expectations as outlined in the Computer and Internet Use Policy. Users are encouraged to utilize anti-malware and virus protection on their personal electronic devices. The library cannot assure that data or files downloaded by users are virus-free. Users agree to indemnify the library for copyright infringement conducted using the library’s wireless network. The library is not responsible for damages to equipment or data on a user’s personal computer from the use of data downloaded from the Library’s Internet service. Hotspot usage policy and electronic device agreement Prosper Community Library has established a Wi-Fi hotspot lending program to provide patrons in our community with high-speed internet access. With this program, students can use the Internet for help with homework and projects, employees can have reliable internet access to Page 78 Item 10. meetings and presentations, and patrons can have home access to the library’s digital resources such as our databases, catalog, and eBooks. Patrons can take advantage of our Wi-Fi hotspot lending program with a current Prosper Community Library card. The library is not responsible for any liability, damages or expense resulting from use or misuse of the device, connection of the device to other electronic devices, or data loss resulting from use of device. Any use of the device for illegal purposes, unauthorized copying of copyright- protected material in any format, or transmission of threatening, harassing, defamatory or obscene materials is strictly prohibited. Wi-Fi hotspots may be borrowed by card holders ages 18 and above with a library card in good standing. Checkout is limited to one per household at any given time. The library reserves the right to refuse service to patrons who abuse equipment or who are repeatedly late in returning items. Wi-Fi hotspots are available at the Circulation Desk on a first-come, first-served basis. They may not be reserved or placed on hold. To borrow a hotspot, the patron must have their library card or valid government ID and must complete and agree to the Electronic Device Agreement. Once a hotspot is checked out to a patron, it becomes the responsibility of that patron. Hotspots are not intended to be a long-term internet solution. We reserve the right to implement restrictions if checkout is being abused. Hotspots may be borrowed for two weeks and may be renewed one-time within a 30-day period. They must be returned in person to the Circulation Desk, and never to another library, left outside the library door, or in the book drop. If damage to the device is discovered by library staff, these costs will be added to the patron’s account. If a hotspot is not returned, or returned damaged, the borrower will be charged a $84.00 replacement cost. If a device is not returned in a timely manner, civil and criminal action will be taken. If the borrower fails to pay the replacement cost for a lost device, their membership will be suspended until the account is clear. Copier/Printer The Prosper Community Library offers a printer/copy machine to the public. Printing is $0.2010 per page (regardless of front/back or color/black and white). Payment for printing is due at the time of printing. Printing may not be placed as a balance fee on a library membership account. Cash or checks must be used as acceptable forms of payment for amounts less than $3.00. Credit card may be used for printing of $3.00 or more. and may not be paid for with a credit card if less than $3.00. 3D Printing The Prosper Community Library offers a 3D printer to library card holders. The 3D printer is intended to inspire all ages to create and innovate. Patrons eighteen (18) years and older and who have a current Prosper Community Library card may submit digital designs (currently in .stl) to be printed on the library’s 3D printer. Children under eighteen (18) years of age must be accompanied by a parent or guardian. The parent or guardian must sign a permission form and agree to payment of printing for each minor. Cardholder must be in good standing to submit a file for printing. Page 79 Item 10. The printer may only be used for lawful purposes and be for objects appropriate for a public library environment. No weapons of any kind shall be created on the printer. No patron will be permitted to use the library’s 3D printer to create material that is: • Prohibited by local, state, or federal law. • Unsafe, harmful, dangerous, or poses an immediate threat to the well-being of others. • Obscene or otherwise inappropriate for the library environment or violates the library’s Standard of Conduct Policy. • In violation of another’s intellectual property rights. The printer will not be used to reproduce material that is subject to copyright, patent, proprietary, or trademark protection. The library reserves the right to refuse any 3D print request. Cost of printing is set by Town Ordinance at $1.00 per hour of printing. Payment is due at the time of pickup of the object. Items must be picked up within five (5) business days or they will become property of the library and will be disposed of. The patron will still be responsible for the cost of printing the item and the charges will be added to the patron’s library account. Disclaimer In consideration for the privilege of using the library and for having access to the information contained in it, library patrons hereby release and hold harmless the Town of Prosper, its officers, agents, servants, or employees, the library, its staff, volunteers, representatives, or advisors, from any and all liability or responsibility for any and all claims or expenses arising either directly or indirectly from the use of the library, whether or not caused, in whole or in part, by alleged negligence of the Town of Prosper, its officers, agents, servants, employees, volunteers, representatives, or advisors. Violation of Prosper Acceptable Use Policy Violation of any part of the Prosper Community Library Patron Acceptable Use Policy or failure to use the computer workstations appropriately and responsibly may result in the revocation of all computers and/or library privileges as determined by the Library Director. Unlawful activities will be referred to the appropriate legal authority and will be dealt with in a serious and appropriate manner. Page 80 Item 10. These policies incorporate: Library Bill of Rights The Freedom to Read Statement Freedom to View Statement The Texas Library Association Intellectual Freedom Statement Approved by Prosper Town Council: Page 81 Item 10. Prosper Community Library Policies Mission Statement To inform, encourage, engage, and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning, and build community. The library upholds and supports the “Library Bill of Rights.” Purpose of Policy This document states the policies and plans governing the Prosper Community Library. Hours of Operation The library's hours of operation are intended to serve the needs of the greater community. Hours of operation of the library facility will be recommended by the Library Director and Library Board, with approval of the Executive Director of Community Services, Town Manager, or Town Council. Hours of operation are dependent upon budget, staffing levels, and usage patterns. Hours may be modified, reduced, or extended depending upon these factors. Business hours are subject to change due to town recognized holidays, emergencies, inclement weather or by other library actions. Circulation Policy Borrowing materials from the Prosper Community Library is a service and a privilege extended by the Town of Prosper to facilitate the use of its library materials, programs, and space. The Library Director is authorized to promulgate and enforce such rules, procedures, and limitations as may be necessary for the protection of the town's library property as well as for the widest and best use of the materials and space. This includes limiting by type, subject, format, quantity, and time the materials which may be circulated. The library is also authorized to establish rules, procedures, and parameters for the provision of borrower registration privileges, library card uses, and the renewal of privileges. Misuse, abuse, or neglect of returning library materials repeatedly may result in forfeiture of library membership. Patron Registration Any taxpaying resident of the Town of Prosper, upon completion of an application, proof of identification and Town residency, is eligible for free library membership. Identification will be a valid US or Texas government photo. Proof of residency will be confirmed through CAD (County Appraisal District). In lieu of an expired or invalid government issued photo ID card and/or CAD verification, some form of official photo identification and , a lease/home closing documents and/or most current utility bill (i.e., water/sewer, gas, electric) may suffice. There are two (2) categories of membership to obtain library cards:  Free permanent as well as limited memberships are available to those who can document* that they live in a household that receives/pays a Town of Prosper utility bill and the CPR/C48 (Prosper Town) tax. o In-person renewal is required bi-annually (every 2 years). Page 82 Item 10.  Paid memberships apply to those who do not pay a Town of Prosper utility bill or the CPR/C48 (Prosper Town) tax. The cost is $50 per library card holder annually. o In-person membership renewal and payment are required annually. Acceptable Residence Verification Documents: There are two primary ways to prove residency: 1. Present a valid/non-expired government issued photo identification indicating your correct address. 2. If the photo ID does not indicate applicant’s correct address, the applicant will also need a paper or digital utility bill (water, sewer, gas, electric) indicating services to the place of residence in addition to a photo ID. o If the applicant is a new resident and has not yet received a utility bill, closing documents or rental/lease agreement indicating place of residence will suffice. Purchase contracts are not accepted. Collin or Denton County’s Appraisal District databases may be referenced to determine which city or town a the applicant pays their taxes to. These databases can be found at www.collincad.org/ or www.dentoncad.com/. Non-residents must pay an annual membership fee of $50 per card. Identification requirements are the same for a resident. Membership is non-refundable and is not prorated. A Temporary Membership may be obtained with other forms of identification. See library staff for qualifications and rules for this type of adult membership. By applying for a library card and the associated privileges, the individual agrees to abide by all policies and rules of the library and acknowledges responsibility for all items checked out on the card including reasonable care and protection from damage. By use of the library card the patron agrees to pay for any lost or damaged materials checked out on the card as well as any fees assessed on the account. The patron also agrees to promptly notify the library if the card is lost or stolen. The parent accepts legal responsibility for the child's use of the library and all materials checked out on the child's card, including charges for lost or damaged materials or any library fees assessed on the account. Individuals who have attained the age of eighteen (18) are an adult as to library usage and may assume the responsibilities which accompany the obtaining of a library card by applying for their own separate card. This does not relieve the parent/guardian of any obligations that are incurred by their minor child, as defined by and under the laws of the State of Texas. The library reserves the right to verify identity and confirm patron information at any time. Borrowers holding a valid library card must present their own card at the time they wish to check out materials; however, a family member or designated individual is permitted to check out materials on another member's card if they have possession of that card. Positive identification Page 83 Item 10. may be requested for verification purposes. A patron may not check out items on a card they do not hold in their possession by any other means. Circulation Procedures Borrowers in good standing regarding overdue/lost items and whose accounts are clear of fees, charges, or other restrictions will be permitted to check out materials for the time specified for those materials.  Patron may check out up to twenty (20) items maximum per card.  Materials are loaned for a period of two (2) weeks.  One (1) kit maximum per card.  Library materials should be returned on or before the due date. If they are not returned by the due date, they will be considered overdue.  Patrons are responsible for all materials that are checked out on their account.  Once an item becomes overdue, patrons will receive overdue notices via email and the patron’s account will be restricted until all items are returned and borrowing privileges will be suspended.  E-books are available with a library card in good standing through the library’s electronic materials provider in accordance with their contracted use policies. y. Up to five (5) items may be checked out at one time, each for a maximum of two (2) weeks. Items may not be renewed, but they may be returned and checked out again if not on hold for another patron. A hold may also be placed on items that are not currently available for checkout. Holds/ To Go Service Prosper Community Library permits patrons to place a hold on certain designated types of materials. A maximum of 10 holds may be placed per library card. If a library card already has 20 items checked out, it will not allow holds to be checked out until enough items are returned to allow for the holds to be checked out. When the hold item becomes available, the items will be checked out to the patron and the patron will be notified and given three (3) library business days to pick up the item(s). When holds are repeatedly not picked up, the library will restrict the card and all associated cards for future holds due to abuse. This restriction is irrevocable by library staff and the Library Director. New cards may not be issued to circumvent the abuse block. Renewals Items may be renewed one time unless a hold has been placed on the items.  Renewals should be made online by the patron through their account’s login the day before the items is due.  Once an item is overdue, renewal may no longer be possible due to repeated overdue/abuse of the library’s lending policy, at which time the item(s) must be returned to the library and made available for other patrons.  Patrons may not circumvent this renewal policy by checking an item in only to check it out again. Page 84 Item 10. Library Fines/Replacement Costs for Lost/Damaged Materials: Library materials that are returned in a damaged condition are evaluated according to current library guidelines. Minor damage may be repaired so that the material may continue to be used. Significantly damaged or missing pieces to items will remain in the patron’s account until the missing piece(s) has been returned and will be withdrawn from the collection and replacement cost and fee assessed.  The replacement cost of library materials will be charged to the patron for a lost or damaged item.  Items may NOT be purchased by a patron and brought to the library to replace an item they lost or damaged.  The patron will be charged a $5.00 replacement fee in addition to the assessed value of the item.  Patrons and their dependents who owe a fine or have lost overdue materials will not be allowed to check out items or renew membership until all fees are paid.  A refund may be issued if lost item is found and returned to the library in the same condition it was borrowed within 30 days of payment. Abuse of this policy will result in forfeiture of this refund policy. Computer Assistance by Library Staff The library provides computers and wireless access as a resource to the community and expects patrons to use them independently. Library staff does not provide one-on-one training on how to use the computers, websites, or computer programs. Library staff does not provide technical services for gaining access to the wireless network for personal computers brought into the library, cell phones, electronic reading devices, or other personal devices. Patron Confidentiality Prosper Community Library supports intellectual freedom for everyone and has established these regulations to protect personal identifiable information contained in library records accessible in the library or through its computer systems.  Patron records are regarded as confidential by library employees. Library staff will not discuss contents with others.  Library staff will access patron records to conduct library business only.  Library staff will seek counsel from the Town’s Attorney before responding to any request by a third party for personally identifiable information about any user. Such information includes database search records, reference interviews, electronic requests for information, circulation records, and other personally identifiable uses of library materials, facilities, or services.  A person who presents a library card belonging to another individual for any purpose is not granted access to the confidential records associated with the library card unless that person is the parent or guardian of the minor card holder. Study Rooms The library has limited study room space. As a result, this policy is in place create fair access to these space. Study rooms may be used on a first come, first served basis. Page 85 Item 10. Study Room Use 1. Patrons (adult or juvenile) must have a valid Prosper Community Library card in good standing. 2. Member users must check-out the room via presentation of their library card or photo ID. 3. . Study rooms may be utilized for two hours on a first come, first served basis. After two hours, the occupants may continue to use the space provided no one requests the space. The room in which the occupant has used the room the longest will be the first required to vacate. 4. If a study room is not available upon arrival, the patron will be informed as to when one will be available. 5. If a study room is not available, a patron may sign up to be next in line, and must remain in the library to wait their turn. 6. Any study room left unattended for more than 15 minutes will be considered vacant and available for use by others. Unattended items will be placed in the library’s lost and found. 7. The Prosper Community Library assumes no responsibility for either library or personal possessions left in the study room. 8. Light pre-packaged snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 9. Reservations are not taken for study rooms. No phone or email requests are allowed. Requests can only be made in person at the time of use. 10. No one under the age of 13 years old may utilize a study room without adult supervision, nor use the room alone. 11. Maximum of four individuals may occupy a study room at one time. 12. In the case of groups (four or less) using the room, one person will represent the group for its tenure in the room. Consecutive, hourly signups by other persons of the same group are not allowed. 13. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 14. Disruptive behavior will lead to a loss of access to the study room(s). Noise should be held to a reasonable level as the rooms are not soundproof. 15. Teleconferencing and/or phone calls are allowed as long as the volume is not considered disruptive or intrusive as the rooms are not soundproof. 16. Study Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual. 2nd Level Conference Room/Quiet Room The 2nd Level Conference/Quiet Room serves a maximum of eight (8) people for the purpose of allowing individuals or small groups to meet or to have a quiet workspace. It cannot serve both roles (conference and quiet space) at the same time, and therefore can only be one or the other at Page 86 Item 10. any given time. Used as a Conference Room: The intent is to accommodate activities such as discussion groups, panels, small lectures, or meetings. Social events are not permitted. 1. Conference Room must be reserved by an adult via a Prosper Community Library card in good standing. Card holder must be in attendance of the meeting taking place in the conference room. 2. Reservations must be made in person and no more than one week in advance. No phone or email reservations are accepted. 3. A maximum of 8 people may use the room at any time. No additional seating may be taken from the library and relocated into the room. 4. Attendees must be at least 15 years old. 5. Conference room may be reserved for a maximum of two hours. 6. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 7. Light snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 8. The library will not provide computers, projectors, or other electronic equipment. Nor does the library provide personnel to assist in technical support, room set up/take down, or other materials needed by groups using the conference room. 9. Disruptive behavior or group activities which may cause a disruption to regular library operations will lead to an immediate loss of access to the conference room. 10. Chairs and tables exclusive to the room are provided by the library and restoring to original furniture set up is the responsibility of the user. 11. Meetings taking place near the end of the library operating day must be completed, cleaned up and vacated 10 minutes before the end of the reservation/close of library. 12. Conference Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual (including professional tutoring services). 13. Solicitation or sales of products and services is prohibited. Charging fees, selling items, charging fees for attendance, or a requirement to purchase materials is not allowed. Used at a Quiet Room: When not reserved for a meeting, this space is intended for quiet study or reading. 1. Furniture set up is not to be adjusted. 2. Light snacks and drinks in covered containers are allowed. Proper disposal of forementioned items is required upon vacancy. 3. Foods that emit smells are prohibited. 4. Cell phones must be set to silent, and all calls taken outside the library. 5. Group study or work are considered a meeting and should be booked as such. Minimum number of 4 people are required to reserve the conference room for that use. 6. Room reservations will be posted on the entrance to the Conference Room/Quiet Room Page 87 Item 10. and occupants will be given a 10-minute notice to vacate 5 minutes before the next scheduled reservation. 7. Occupants must be 13 years of age or older. Collection Development Prosper Community Library seeks to fulfill its mission by selecting, acquiring, organizing, preserving, maintaining, and providing access to a collection of materials in the most current formats available, including electronic resources. The collection will address the interests and needs of the diverse community it serves in a format that is best suited to meet those needs and interests. Materials Selection Policy This policy guides the development and continuous evaluation of library materials to reflect Prosper Community Library’s mission to inform, encourage, engage and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning and build community. Prosper Community Library provides library materials in a variety of formats that:  Inform the public of timely issues and timeless ideas.  Encourage people to discover, create, and learn.  Engage citizens to explore diverse opinions and conduct research on topics of interest.  Entertain all ages seeking recreation and leisure. 1. Philosophy and Objectives Prosper Community Library’s service commitment is to the people within its service area, including people of every age, education, background, personal philosophy, religious beliefs, occupation, economic level, ethnic origin, and human condition. The library upholds the right of the individual to secure information, even though the content may be controversial, unorthodox, or unacceptable to others. To represent the diversity of thought within the Prosper community, materials available in the library encompass a variety of viewpoints enabling citizens to make the informed choices necessary in a democracy. The library does not endorse beliefs or views, nor does the selection of an item express or imply an endorsement of the viewpoint expressed by the author. Prosper Community Library encourages free expression and free access to ideas, both essential elements in a democratic society. The library supports the individual’s right to access ideas and information representing all points of view. The library subscribes to the principles of the American Library Association’s “Library Bill of Rights,” the “Freedom to Read Statement,” and the “Freedom to View Statement,” which are included as appendices to this policy. The collection contains information on a variety of subjects and views and is organized to provide free access to patrons within the limitation of space and budget. A complete collection of all that is published is not a realistic goal. However, the library strives to create an attractive, current, and balanced collection representing all fields of knowledge and all sides of issues in an unbiased manner. 2. Responsibility The authority and responsibility for the selection of library materials rests with the Library Page 88 Item 10. Director. Library card holders may recommend materials for consideration through the library’s membership software. 3. Collection Structure The placement of materials within the library is determined by several factors. The library uses the Dewey decimal classification scheme which divides materials by subject. Professional catalogers use Dewey and Library of Congress subject headings to place materials into the proper subject areas and assign them to Adult, Young Adult, Juvenile, Reference, or other specific areas of the library. 4. General Selection Criteria Prosper Community Library seeks to develop an outstanding collection within the constraints of budget allocations and shelf space. Materials purchased for the collection are not an endorsement by the library of either the content or viewpoint presented in them. The library provides, within its financial and space limitations, a general collection of materials embracing broad areas of knowledge, as well as literary and cultural genres. Included are works of enduring value and timely materials on current issues. Within the framework of these broad objectives, selection is based on community demographics and evidence of areas of interest. Collections are reviewed and revised on an ongoing basis to meet contemporary needs. Collections are current and popular, not archival, and materials are not needlessly duplicated. Collections provide general coverage of subjects and reflect the characteristics of the community. Materials are withdrawn from the collection to maintain the collection’s usefulness, timeliness, and relevance. To build and maintain a collection of merit, materials are evaluated according to one or more of the following criteria. Not all criteria must be met and no one criterion will be decisive. Additional criteria may be used to select materials for specific collections.  Current and relevant to community needs and interests  Suitability of subject and style for intended audience  Attention of critics and expert reviewers Page 89 Item 10.  Cost in relation to value to the collection  Comprehensiveness  Skill, competence, purpose of author  Reputation and significance of author  Objectivity  Authenticity of history or social setting  Consideration of the work as a whole  Representation of diverse point of view  Suitability in physical form for library use  Technical quality  Local or national significance  Legal or licensing rights  Adheres to accreditation standards set by TSLAC 5. Selection Tools Among the selection tools used by the Library Director and library staff include professional library journals, trade journals, subject bibliographies, publisher’s reputation, promotional materials, and reviews from reputable sources. Since the Library collection reflects the unique community culture of Prosper, consideration is also given to materials requested by citize ns of the community. Circulation history, statistics, and books in series will determine additions to the collection as well. 6. Excluded from selection:  Textbooks and curriculum-related works unless they are considered useful to the general reader as introduction to a subject and their presentation is superior to other sources.  Scholarly and technical materials that are carried by academic or specialty libraries.  Items having removable media such as memorabilia, patterns, stickers, sound, or toys.  Items that have moveable parts such as flap book, tactile learning, or manipulatives (with the exception to items deemed “kits.”)  Puzzles or workbooks that encourage filling in blanks.  Materials that are publicized solely through infomercials or personal websites.  Self-published/subsidy published materials unless they are reviewed in established publications.  Rare book: Since it is the public library’s function to make materials available to all users, the Prosper Community Library does not collect rare or unusual materials that require special handling. Rare publications pertaining to Prosper or Texas history will be given to the Prosper Historical Society or another appropriate institution for preservation and protection.  Genealogical materials. Collection Responsibilities Responsibility for the collection rests with the Library Director, who operates within the framework of the Collection Development Policy. The Library Director delegates to staff Page 90 Item 10. members authority to interpret and apply this policy in daily operations. All staff contributes to the development of collections driven by patron needs and expectations by:  Engaging in open, continuous communication with patrons.  Handling all requests equitably.  Understanding and responding to continually changing demographics as well as societal and technological changes.  Recognizing materials of varying complexity and format necessary to satisfy diverse needs. Collection Maintenance The library keeps its collection vital and useful by withdrawal and replacement of essential materials, and by removal of those works that are worn, outdated, unnecessary duplicates, or no longer in demand. The library uses the Texas State Library and Archive Commission’s CREW Method (Continuous Review, Evaluation, and Weeding) for guidance when reviewing collection. Donated Materials (Donations may not be accepted during health crisis spikes to decrease exposure to library staff.) The library accepts donations of books, audiobooks, and DVDs that are gently used, in excellent condition, with current publication dates. Not all donations are added to the collection. Self- published donated items will not be added to the collection without positive professional reviews. Donated materials not added to the collection are not returned to the donor but may be sold in the annual Friends of Prosper Community Library book sale fundraiser or disposed of if not deemed suitable. Games, toys, puzzles, workbooks, sheet music, etc., are not accepted. The library retains unconditional ownership of all donations. The library does not place a value on donations nor provide appraisals for income tax or any other purpose. A tax deduction receipt letter is available for all donations. Gift subscriptions to periodicals are welcomed and accepted if the periodical falls within the guidelines of the Collection Development Policy and must be pre-approved by the Library Director. Purchase Requests Purchase suggestions from patrons provide librarians with useful information about local interests or needs not currently met by the collection. The librarians evaluate requests for specific items in accordance with the established selection objectives and criteria. If the item is not added to the collection, the patron may have an opportunity to borrow the items through Interlibrary Loan. Local Author Donation A Local Author Donation form must be completed and submitted to the library. The Local Author Donation Committee will review the application and notify the donor of its determination. Forms are available in the library only. Public Notices and Non-Library Materials Only information created/published by the Town of Prosper and Prosper Community Library may be displayed or distributed in the library. Page 91 Item 10. Reconsideration of Materials Prosper Community Library believes that censorship is a purely individual matter and declares that, while any person is free to reject for themselves materials of which they do not approve, they cannot exercise this right of censorship to restrict the freedom of others to read, view, listen, or inquire. The Prosper Community Library subscribes to the American Library Association’s “Library Bill of Rights” and has set these regulations in place to assist in fulfilling the library’s mission to serve the residents of Prosper. Any patron who is a resident of the Town of Prosper and holds a library card in good standing from the Prosper Community Library is encouraged to speak with library staff if they have questions about the library’s collection development policies. If a resident’s concern is not satisfied through discussion with library staff, the resident may create/write a letter titled “Recommendation for Reconsideration of Materials Letter” and send it to the Library Director. For a Recommendation for Reconsideration of Materials to be considered by the library administration, it must meet the following criteria:  The patron must be a Town of Proser resident (Town of Prosper [CPR/C48] taxpayer) and hold a library card in good standing from the Prosper Community Library.  The recommendation letter must be submitted to the Library Director. The Library Director will respond directly to the patron or refer the recommendation to the library administration and Library Board for review. The Library Board and administration will review the recommendation and prepare a report to the Library Director. This report will determine whether the materials in question continue to meet the selection criteria of the library, and the Library Director will utilize this report in providing a response to the patron. The review process will be completed within thirty (30) days from the date the Recommendation for Reconsideration of Materials letter is received by the Library Director. Interlibrary Loan Interlibrary Loan (ILL) is a service that allows Prosper Community Library card holders access to materials in the collections of other libraries by request. If the materials a cardholder desires are not available in the Prosper Community Library’s collection, library staff can attempt to borrow it via the ILL system. An ILL request form must be submitted and the return shipping fee determined by current USPS fee schedule, will be charged to the patron’s account upon the library’s receipt of the item. This fee must be paid regardless of whether the item is ever picked- up by the patron. Cancellation of the ILL request does not negate this fee. Availability and speed of service is solely dependent on the ILL request software system, lending library processing, and USPS delivery timelines. Children in the Library The Prosper Community Library provides a warm, welcoming, exciting, and safe environment for people of all ages. Responsibility for the safety and behavior of children in the library rests with the parent or caregiver. Page 92 Item 10. The safety of children left alone in the library is a serious concern of the library staff. Library staff cannot monitor the behavior and safety of children using the library. Children under the age of 8 must be physically with an adult parent/caregiver. Parent/caregiver must attend and be engaged in programs with the child as well. Children under the age of 13 must be supervised by a responsible adult (18 years or older). If a child under the age of 13 is in the library , a parent/caregiver must be in the building and aware of the location and behavior of the child. Children ages 13 - 17 may use the library on their own and are expected to comply with all library rules and the Prosper Community Library Standards of Conduct Policy. Parents/caregivers are still, however, responsible for the behavior of their children. If children do not comply with library rules and the Prosper Community Library Standards of Conduct Policy, library staff may ask them to leave the library and the parent/guardian or police may be contacted. Unattended/Abandoned Children after Closing Time Children under 13 are to be always supervised while at the library. The library is not responsible for children without transportation at closing. Library staff will exercise appropriate procedures to ensure the safety of unattended children when the library is closing. Parents/caregivers are responsible for being aware of the library’s hours of operation. Parents/caregivers must also keep in mind that the library may close unexpectedly for reasons out of the control of staff, such as a power outage, inclement weather, etc. If no one has arrived for the child within ten (10) minutes after closing time, the staff will call the Prosper Police Department. Two library staff members will wait for the police with the child. Once the police arrive, the child will be turned over to the Prosper Police, and the library staff members will no longer be responsible for the unattended child. Orientation/Tours Private group tours are available by scheduling directly with the Library Director. Exam Proctoring The Prosper Community Library does not offer proctoring services. Page 93 Item 10. Purpose Standards of Conduct Policy The purpose of this policy is to establish standards of conduct for the comfort, safety and protection of library patrons and library staff. Library staff will firmly and courteously enforce these rules. The library expects each patron’s cooperation in maintaining an environment conducive to enjoyable use of the library for all. Conduct Policy Those using the library are responsible for conducting themselves and minor children in their care in a manner that does not threaten the safety, disturb, or interfere with the right of any other patron or with library employees’ performance of their duties. Visitors, while in the library, shall be engaged in activities normally associated with the use of a library such as reading, studying, using library materials, attending programs/events, or other appropriate activities. The library reserves the right to restrict a person’s use of the library if they violate the Prosper Community Library Standards of Conduct Policy. Standards Improper conduct is prohibited while on library premises, include but are not limited to: 1. Weapons of any kind. 2. Damaging or vandalizing library facilities, equipment, or materials. 3. Using abusive, obscene, or profane language or acts. 4. Abandoning, neglecting, or leaving children under the age of thirteen (13) unattended by a parent or authorized caretaker or otherwise violating the Children in the Library portion specified in the policy document. 5. Arriving late (more than 5 minutes) to a children’s library program or being disruptive during a program. 6. Using or being under the influence of any intoxicant, narcotic, or similar substance while in the library building or on library grounds. 7. Using tobacco products, including e-cigarettes. 8. Offensive bodily hygiene that constitutes a nuisance to others. 9. Inappropriate attire, i.e., attire including swimsuits, revealing or filthy/odorous clothing, etc. (Shirt/top, pants/skirt/shorts, shoes/sandals/etc. are required.) 10. Selling, soliciting, or panhandling. 11. Gambling. 12. Lying on the floor or sleeping. 13. Blocking library entrances or exits. 14. Petitioning, proselytizing, soliciting, or selling merchandise or services without written permission from the Library Director. 15. Removing library materials without following proper checkout protocol. 16. Moving other patron’s items without their permission. Page 94 Item 10. 17. Causing noise that interferes with patron use of the library, including but not limited to the playing of audible electronic devices or engaging in loud or disruptive conversations. 18. Audible sound coming from an electronic device. (Earbuds or headphones must be worn such that residual sound cannot be heard.) 19. Audible cell phone notifications. (Cell phones must be put on silent or vibrate mode.) 20. Phone conversations. Cellular phone calls must be brief and non-disruptive to library patrons. Patrons are encouraged to take phone calls outside of the library. 21. Excessive noise of any kind. The library expects patrons to be respectful of other patrons’ ability to concentrate and focus while utilizing the library’s resources. 22. Consuming food or drink on the library premises except in authorized situations (drinks are allowed in closed containers only). 23. Bringing in any animals except service dogs. 24. Entering library with bicycles, roller skates, roller shoes, scooters, skateboards, or other similar devices. 25. Monopolizing library space, seating, tables, or equipment to the exclusion of other patrons or staff as determined by library staff. 26. Leading or conducting a program or event in the library without Library Director’s prior approval. 27. Harassing a patron or staff member through noisy or boisterous activities, staring at or following another person with intent to annoy that person, or fighting physically or verbally. 28. Refusing to follow reasonable direction from library staff, including but not limited to leaving the library during normal closing procedures or during an emergency evacuation. Program Etiquette For the enjoyment of all attendees, arriving on time, participating, interacting, and refraining from socializing (phone and in person) is expected during the event. Ticketed entry for programs is for card holders or their designated users as a guardian (nanny, grandparent, etc.) Non-members may not utilize member’s cards for program access. Library patrons who choose not to follow the Library’s Standards of Conduct Policy, will be asked to correct the unacceptable behavior. If the behavior continues, that patron will be asked to leave. Prosper Police Department will be called if the patron refuses to leave. Responsibility and Authority Final responsibility and authority for maintaining acceptable standards of conduct in the library rests with the Library Director, who will operate within a framework of policies and procedures adopted by the Town. The staff will operate under the Library Director’s delegated authority. The library is authorized to develop such procedures, guidelines, and rules as may be necessary to carry out these policies. Further, the library is authorized to utilize appropriate technologies to address the implementation of these policies. Lost and Found Prosper Community Library assumes no liability for the personal possessions of patrons using the facility or items left at the library. As a public service, the library does maintain a lost and found. All items found by the library staff will be taken to and stored for two weeks in the library workroom Page 95 Item 10. area. When a lost item provides information regarding the possible/potential owner, library staff will attempt to contact the owner.Flash drives found in the library will not be viewed for any reason by staff and will be disposed of at the close of the day lost/left. Items that pose a potential health risk are disposed of immediately. Lost items will be kept for 30 days before being discarded Emergency Situations Fire In the event of a fire, library staff will sound the fire alarm, report the fire to 911, and ask everyone to evacuate the building. Sudden Inclement Weather In the event the Town sounds its Emergency Sirens, staff will instruct/require library occupants to move and occupy its first-floor interior restrooms until safety authorities lift the emergency protocol. Medical Emergencies In the event of an ill/injured patron, library staff will respond positively with any reasonable help. If the ill/injured person is unable to make a call, the library staff will assist in notifying their requested person or call 911 if necessary. Patron Confidentiality Prosper Community Library is committed to the protection of all library patron’s right to privacy in the use of library resources and discloses patron information to the patron only. In regard to minors, information may be disclosed to the registered parent/guardian listed on the account. Library records will only be disclosed under court order, subpoena, or warrant as outlined in state statue, Texas Government Code, Section 552.124 and the surveillance provisions included in the USA PATRIOT ACT (Public Law 107-56) Page 96 Item 10. Prosper Community Library Patron Acceptable Use Policy For Internet and other Technology-Related Items Services Available Typical services may include Internet access, computer applications such as word processor, spreadsheets, database access, children’s educational and software applications, and other technologies as they become available. Services may be added and deleted as decided by the Library Director. The library’s electronic services are not intended to provide access to every software or hardware application or to every source of information available. The library does not offer email accounts but allows access to free email providers on the Internet. Information on the Internet is not necessarily current, accurate, or complete. While valuable information is available on the Internet, some may be obscene, patently offensive, or harmful, especially to minor children, as defined by applicable state and/or federal laws. For purposes of this policy, minors are defined to include all individuals under the age of eighteen (18) years. Since the Internet makes accessible a rapidly changing array of resources, it is not possible for the library to control or monitor content on a regular basis. The library utilizes software that blocks sources on the Internet that are obviously inconsistent with the library’s mission. This does not fully guarantee that individual users are protected from accessing information they personally deem undesirable or disturbing. Be advised that filtering software is not foolproof; it diminishes the likelihood of seeing offensive material on the Internet but does not eliminate the possibility. User information is deleted after logging off and each evening software resets the computers to default library settings clearing all cached data from that day. Internet Access Library electronic resources are for educational, informational, and appropriate recreational purposes only. The library takes precautions to restrict access to controversial materials. However, a global network is impossible to control. Any user may access a website that is potentially controversial. We firmly believe that the valuable information and interaction available on the Web far outweighs the possibility that users may access material that is not consistent with the goals of the Prosper Community Library. Although the library provides access to electronic information, this does not imply sponsorship or endorsement. It is the responsibility of the patron, parent, or guardian to determine the accuracy, appropriateness, and usefulness of information accessed through electronic resources. The Prosper Community Library assumes responsibility only for the information found on the Town of Prosper website. Page 97 Item 10. Restriction of a minor's access to, or use of, electronic resources is the responsibility of the minor's parents or legal guardians. The library is not responsible for the content of electronic resources to which its patrons link, for the content of sources accessed through secondary links, or for the previous patron’s search history. Patrons should expect no privacy when using electronic resources provided by the library whether accessed from an external site or internally, as these are public computers used in a public place. Neither the Town of Prosper nor the Prosper Community Library can be held responsible for losses or liabilities, direct or indirect, incurred using electronic resources provided by the librar y. The library is not responsible in any way for a personal electronic device brought into the library. The library does not guarantee the availability of electronic resources. Ages, Registration & Time Limits 1st floor:  1st floor Internet computers require a library card to sign in.  Children twelve (12) and younger are to use the 1st floor computers. Adults and teens assisting a child may utilize the computer in this area only if they child is with them, and they are working on an activity with the child.  AWE computers are first-come first-served and do not have time limits. Headphones must be worn during use.  Earbuds or headphones must be worn any time sounds are emitted from computer. 2nd floor:   Computers on the 2nd floor are intended for adult use, but if utilized by a child under the age of 13, it must be under the immediate guidance and supervision of their parent or guardian.  Laptops may be used in the Teen area by children ages thirteen (13) – seventeen (17).  Earbuds or headphones must be worn any time sounds are emitted from computer. All computer workstations are available on a first-come, first-served basis. Time limits may be imposed on all computer workstation use. Time limits may vary depending on available computers and waiting patrons. Use by Children/Minors Children’s Internet computer access on 1st floor requires library card login. Parent/guardian signing minor in assumes responsibility for use. Although the library has a filter in place to uphold the Children’s Internet Protection Act (CIPA), the library nor its staff is responsible for assuring the appropriateness of information accessed by children. Adult assumes responsibility of cost of printing from children’s computers at $0.20 per page. Page 98 Item 10. Prosper Community Library Computer and Internet Use Policy 1. Parents, guardians, and caregivers are responsible for monitoring their children’s use of the library computers, access to the Internet, and the information accessed by minors. 2. Reasonable care of the computers by the user is expected. Misuse of computers will result in loss of computer privileges. 3. Library staff may assist the user in accessing the Internet and appropriate printing devices but cannot provide in-depth assistance and/or training. 4. The charge for printing is $0.20 per page (color or black & white) and must be paid at the time of printing. Exact change is required. Credit cards may be used for printing equaling $3.00 or more. 5. Printers are not available via wireless connections from library laptops or personal devices. 6. Users may not store materials on the hard drive of any computer owned by the library. Users are expected to store materials using their own peripherals, e.g., flash drive. 7. Use of any information or materials on sites you access is entirely at your own risk. 8. Users will not perform any of the following acts: a. Attempt to access devices or resources to which you have no explicit, legitimate rights. b. Copy, reproduce, or transmit any copyrighted files or information other than in accordance with the requirements and allowances of the copyright holder. c. Launch network attacks of any kind including port scans, DoS/DDoS, packet floods, replays or injections, session hijacking or interception, or other such activity with malicious intent. d. Transmit malicious software such as viruses, Trojans, and worms. e. Surreptitiously install software or make configuration changes to any device or application, by means of the installation or execution of key loggers, registry keys, or other executable or active application or script. 9. Users will use the access provided here responsibly and with full regard to the safety, security, and privacy of all other users, devices, and resources. 10. Users will be mindful of the cultural sensitivities of others while using this portal so as not to provoke reaction or offense, and will not intentionally access pornographic, graphically violent, hateful, or other offensive material (as deemed by the Town) regardless of others' sensitivities. Page 99 Item 10. 11. Users understand that unauthorized use of resources through this portal may give rise to a claim for damages and/or be a criminal offense. 12. As with most public internet connections, the library’s internet connections, especially via wireless connections are not guaranteed to be secure. Caution should be exercised when using the library’s computers. Wireless users should not transmit their credit card information, passwords and any other sensitive personal information while using any wireless connection. The library will not be responsible for any personal information (e.g., credit card) that is compromised. Restarting the computer at the end of use will erase all data from that station. 13. The library will not be responsible for any damage caused to your hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up-to-date virus protection on their personal laptop computers or wireless devices. 14. The library reserves the right to log or monitor traffic to ensure that these terms are being followed as directed by Town of Prosper legal counsel. 15. Misuse or unauthorized use of Library computers and information resources will result in revocation of library privileges. User privileges can and will be revoked upon any violation of this policy. The library staff in charge has full authority to disallow further usage of workstations. Any appeal for reinstatement of privileges must be made through the Library Director and Information Technology Director, with whom the final decision will rest. Usage that encroaches upon standards set by law will be dealt with appropriately and firmly. Federal, state, and local laws concerning these matters will be upheld, and violators may be subject to prosecution. Wireless Use Library visitors who bring their own devices to the library may access the Internet through a wireless network. Library wireless users are required to adhere to the same expectations as outlined in the Computer and Internet Use Policy. Users are encouraged to utilize anti-malware and virus protection on their personal electronic devices. The library cannot assure that data or files downloaded by users are virus-free. Users agree to indemnify the library for copyright infringement conducted using the library’s wireless network. The library is not responsible for damages to equipment or data on a user’s personal computer from the use of data downloaded from the Library’s Internet service. Hotspot usage policy and electronic device agreement Prosper Community Library has established a Wi-Fi hotspot lending program to provide patrons in our community with high-speed internet access. With this program, students can use the Internet for help with homework and projects, employees can have reliable internet access to Page 100 Item 10. meetings and presentations, and patrons can have home access to the library’s digital resources such as our databases, catalog, and eBooks. Patrons can take advantage of our Wi-Fi hotspot lending program with a current Prosper Community Library card. The library is not responsible for any liability, damages or expense resulting from use or misuse of the device, connection of the device to other electronic devices, or data loss resulting from use of device. Any use of the device for illegal purposes, unauthorized copying of copyright- protected material in any format, or transmission of threatening, harassing, defamatory or obscene materials is strictly prohibited. Wi-Fi hotspots may be borrowed by card holders ages 18 and above with a library card in good standing. Checkout is limited to one per household at any given time. The library reserves the right to refuse service to patrons who abuse equipment or who are repeatedly late in returning items. Wi-Fi hotspots are available at the Circulation Desk on a first-come, first-served basis. They may not be reserved or placed on hold. To borrow a hotspot, the patron must have their library card or valid government ID and must complete and agree to the Electronic Device Agreement. Once a hotspot is checked out to a patron, it becomes the responsibility of that patron. Hotspots are not intended to be a long-term internet solution. We reserve the right to implement restrictions if checkout is being abused. Hotspots may be borrowed for two weeks and may be renewed one-time within a 30-day period. They must be returned in person to the Circulation Desk, and never to another library, left outside the library door, or in the book drop. If a hotspot is not returned, or returned damaged, the borrower will be charged a $84.00 replacement cost. If a device is not returned in a timely manner, civil and criminal action will be taken. If the borrower fails to pay the replacement cost for a lost device, their membership will be suspended until the account is clear. Copier/Printer The Prosper Community Library offers a printer/copy machine to the public. Printing is $0.20 per page (regardless of front/back or color/black and white). Payment for printing is due at the time of printing. Printing may not be placed as a balance fee on a library membership account. Cash or checks must be used as acceptable forms of payment for amounts less than $3.00. Credit card may be used for printing of $3.00 or more. 3D Printing The Prosper Community Library offers a 3D printer to library card holders. The 3D printer is intended to inspire all ages to create and innovate. Patrons eighteen (18) years and older and who have a current Prosper Community Library card may submit digital designs (currently in .stl) to be printed on the library’s 3D printer. Children under eighteen (18) years of age must be accompanied by a parent or guardian. The parent or guardian must sign a permission form and agree to payment of printing for each minor. Cardholder must be in good standing to submit a file for printing. Page 101 Item 10. The printer may only be used for lawful purposes and be for objects appropriate for a public library environment. No weapons of any kind shall be created on the printer. No patron will be permitted to use the library’s 3D printer to create material that is:  Prohibited by local, state, or federal law.  Unsafe, harmful, dangerous, or poses an immediate threat to the well-being of others.  Obscene or otherwise inappropriate for the library environment or violates the library’s Standard of Conduct Policy.  In violation of another’s intellectual property rights. The printer will not be used to reproduce material that is subject to copyright, patent, proprietary, or trademark protection. The library reserves the right to refuse any 3D print request. Cost of printing is set by Town Ordinance at $1.00 per hour of printing. Payment is due at the time of pickup of the object. Items must be picked up within five (5) business days or they will become property of the library and will be disposed of. The patron will still be responsible for the cost of printing the item and the charges will be added to the patron’s library account. Disclaimer In consideration for the privilege of using the library and for having access to the information contained in it, library patrons hereby release and hold harmless the Town of Prosper, its officers, agents, servants, or employees, the library, its staff, volunteers, representatives, or advisors, from any and all liability or responsibility for any and all claims or expenses arising either directly or indirectly from the use of the library, whether or not caused, in whole or in part, by alleged negligence of the Town of Prosper, its officers, agents, servants, employees, volunteers, representatives, or advisors. Violation of Prosper Acceptable Use Policy Violation of any part of the Prosper Community Library Patron Acceptable Use Policy or failure to use the computer workstations appropriately and responsibly may result in the revocation of all computers and/or library privileges as determined by the Library Director. Unlawful activities will be referred to the appropriate legal authority and will be dealt with in a serious and appropriate manner. Page 102 Item 10. These policies incorporate: Library Bill of Rights The Freedom to Read Statement Freedom to View Statement The Texas Library Association Intellectual Freedom Statement Approved by Prosper Town Council: Page 103 Item 10. Page 1 of 1 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Town Council Meeting – February 28, 2023 Agenda Item: Receive the 2022 Annual Racial Profiling Report for the Prosper Police Department as required by state law. Description of Agenda Item: The Racial Profiling Report is a required annual report that must be submitted to the State of Texas through the Texas Commission on Law Enforcement (TCOLE) and the Police Department’s governing body as required by Texas State law – Texas Code of Criminal Procedures Section 2.132. Attached Documents: 1. 2022 Prosper Police Annual Racial Profile Report Town Staff Recommendation: Staff recommends receiving the 2022 Annual Racial Profiling Report for the Prosper Police Department as required by state law. Proposed Motion: I move to receive and accept the 2022 Annual Racial Profiling Report as required by state law. Prosper is a place where everyone matters. POLICE DEPARTMENT Page 104 Item 11. Racial Profiling Report | Full _______________________________________________________________________________________________________________________________ $JHQF\1DPHPROSPER POLICE DEPT. Reporting Date: 01/27/2023 TCOLE Agency Number: 085220 Chief Administrator: DOUGLAS A. KOWALSKI Agency Contact Information: Phone: (972) 569-1040 Email: DKOWALSKI@PROSPERTX.GOV Mailing Address: P.O. BOX 307 801 Safety Way PROSPER, TX 75078 This Agency filed a full report PROSPER POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: FOHDUO\GHILQHVDFWVFRQVWLWXWLQJUDFLDOSURILOLQJ 2) strictly prohibits peace officers employed by the PROSPER POLICE DEPT. from engaging in racial profiling; 3) implements a process by which an individual may file a complaint with the PROSPER POLICE DEPT. if the individual believes that a peace officer employed by the PROSPER POLICE DEPT. has engaged in racial profiling with respect to the individual; 4) provides public education relating to the agency's complaint process; 5) requires appropriate corrective action to be taken against a peace officer employed by the PROSPER POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the PROSPER POLICE DEPT. policy; 6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and to arrests made as a result of those stops, including information relating to: a. the race or ethnicity of the individual detained; b. whether a search was conducted and, if so, whether the individual detained consented to the search; c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; d. whether the peace officer used physical force that resulted in bodily injury during the stop; e. the location of the stop; f. the reason for the stop. 7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: a. the Commission on Law Enforcement; and b. the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. 1 of 9 Page 105 Item 11. The PROSPER POLICE DEPT. has satisfied the statutory data audit requirements as prescribed in Article 2.133(c), Code of Criminal Procedure during the reporting period. Executed by: DEVIN E. REAVES CASE MANAGER/RECORDS COORDINATOR Date: 01/27/2023 2 of 9 Page 106 Item 11. Motor Vehicle Racial Profiling Information Total stops: 7573 _______________________________________________________________________________________________________________________________ Street address or approximate location of the stop City street 4546 US highway 2127 County road 21 State highway 816 Private property or other 63 Was race or ethnicity known prior to stop? Yes 329 No 7244 Race / Ethnicity Alaska Native / American Indian 37 Asian / Pacific Islander 429 Black 1345 White 4241 Hispanic / Latino 1521 Gender Female 2534 Alaska Native / American Indian 10 Asian / Pacific Islander 137 Black 497 White 1606 Hispanic / Latino 284 Male 5039 Alaska Native / American Indian 27 Asian / Pacific Islander 292 Black 848 White 2635 Hispanic / Latino 1237 Reason for stop? Violation of law 594 Alaska Native / American Indian 8 Asian / Pacific Islander 26 Black 132 White 237 3 of 9 Page 107 Item 11. Hispanic / Latino 191 Preexisting knowledge 227 Alaska Native / American Indian 0 Asian / Pacific Islander 7 Black 28 White 77 Hispanic / Latino 115 Moving traffic violation 4970 Alaska Native / American Indian 23 Asian / Pacific Islander 327 Black 800 White 3017 Hispanic / Latino 803 Vehicle traffic violation 1782 Alaska Native / American Indian 6 Asian / Pacific Islander 69 Black 385 White 910 Hispanic / Latino 412 Was a search conducted? Yes 326 Alaska Native / American Indian 0 Asian / Pacific Islander 4 Black 125 White 114 Hispanic / Latino 83 No 7247 Alaska Native / American Indian 37 Asian / Pacific Islander 425 Black 1220 White 4127 Hispanic / Latino 1438 Reason for Search? Consent 206 Alaska Native / American Indian 0 Asian / Pacific Islander 3 Black 68 White 78 4 of 9 Page 108 Item 11. Hispanic / Latino 57 Contraband 3 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 2 White 0 Hispanic / Latino 1 Probable 94 Alaska Native / American Indian 0 Asian / Pacific Islander 1 Black 48 White 27 Hispanic / Latino 18 Inventory 9 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 2 White 1 Hispanic / Latino 6 Incident to arrest 14 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 5 White 8 Hispanic / Latino 1 Was Contraband discovered? Yes 167 Did the finding result in arrest? (total should equal previous column) Alaska Native / American Indian 0 Yes 0 No 0 Asian / Pacific Islander 1 Yes 0 No 1 Black 66 Yes 7 No 59 White 57 Yes 13 No 44 Hispanic / Latino 43 Yes 4 No 39 No 159 Alaska Native / American Indian 0 Asian / Pacific Islander 3 Black 59 White 57 Hispanic / Latino 40 5 of 9 Page 109 Item 11. Description of contraband Drugs 131 Alaska Native / American Indian 0 Asian / Pacific Islander 1 Black 57 White 44 Hispanic / Latino 29 Weapons 2 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 1 Hispanic / Latino 0 Currency 1 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 1 Alcohol 5 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 2 Hispanic / Latino 2 Stolen property 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 0 Hispanic / Latino 3 Other 24 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 6 White 10 Hispanic / Latino 8 Result of the stop Verbal warning 1969 6 of 9 Page 110 Item 11. Alaska Native / American Indian 8 Asian / Pacific Islander 137 Black 423 White 1043 Hispanic / Latino 358 Written warning 3545 Alaska Native / American Indian 16 Asian / Pacific Islander 200 Black 631 White 2090 Hispanic / Latino 608 Citation 1952 Alaska Native / American Indian 13 Asian / Pacific Islander 91 Black 258 White 1060 Hispanic / Latino 530 Written warning and arrest 7 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 4 White 2 Hispanic / Latino 1 Citation and arrest 15 Alaska Native / American Indian 0 Asian / Pacific Islander 1 Black 3 White 6 Hispanic / Latino 5 Arrest 85 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 26 White 40 Hispanic / Latino 19 Arrest based on Violation of Penal Code 75 Alaska Native / American Indian 0 Asian / Pacific Islander 1 7 of 9 Page 111 Item 11. Black 20 White 38 Hispanic / Latino 16 Violation of Traffic Law 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 2 White 1 Hispanic / Latino 1 Violation of City Ordinance 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Outstanding Warrant 28 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 11 White 9 Hispanic / Latino 8 Was physical force resulting in bodily injury used during stop? Yes 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Resulting in Bodily Injury To: Suspect 0 Officer 0 Both 0 No 7573 Alaska Native / American Indian 37 Asian / Pacific Islander 429 Black 1345 White 4241 Hispanic / Latino 1521 8 of 9 Page 112 Item 11. Submitted electronically to the The Texas Commission on Law Enforcement Number of complaints of racial profiling Total 0 Resulted in disciplinary action 0 Did not result in disciplinary action 0 Comparative Analysis Use TCOLE's auto generated analysis _ Use Department's submitted analysis Optional Narrative N/A 9 of 9 Page 113 Item 11. PROSPER POLICE DEPT. 01. Total Traffic Stops:7573 02. Location of Stop: a. City Street 4546 60.03% b. US Highway 2127 28.09% c. County Road 21 0.28% d. State Highway 816 10.78% e. Private Property or Other 63 0.83% 03. Was Race known prior to Stop: a. NO 7244 95.66% b. YES 329 4.34% 04. Race or Ethnicity: a. Alaska/ Native American/ Indian 37 0.49% b. Asian/ Pacific Islander 429 5.66% c. Black 1345 17.76% d. White 4241 56.00% e. Hispanic/ Latino 1521 20.08% 05. Gender: a. Female 2534 33.46% i. Alaska/ Native American/ Indian 10 0.13% ii. Asian/ Pacific Islander 137 1.81% iii. Black 497 6.56% iv. White 1606 21.21% v. Hispanic/ Latino 284 3.75% b. Male 5039 66.54% i. Alaska/ Native American/ Indian 27 0.36% ii. Asian/ Pacific Islander 292 3.86% iii. Black 848 11.20% iv. White 2635 34.79% v. Hispanic/ Latino 1237 16.33% 06. Reason for Stop: a. Violation of Law 594 7.84% i. Alaska/ Native American/ Indian 8 1.35% ii. Asian/ Pacific Islander 26 4.38% 1/27/2023 1 of 7 Racial Profiling Analysis Report Page 114 Item 11. iii. Black 132 22.22% iv. White 237 39.90% v. Hispanic/ Latino 191 32.15% b. Pre-Existing Knowledge 227 3.00% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 7 3.08% iii. Black 28 12.33% iv. White 77 33.92% v. Hispanic/ Latino 115 50.66% c. Moving Traffic Violation 4970 65.63% i. Alaska/ Native American/ Indian 23 0.46% ii. Asian/ Pacific Islander 327 6.58% iii. Black 800 16.10% iv. White 3017 60.70% v. Hispanic/ Latino 803 16.16% d. Vehicle Traffic Violation 1782 23.53% i. Alaska/ Native American/ Indian 6 0.34% ii. Asian/ Pacific Islander 69 3.87% iii. Black 385 21.60% iv. White 910 51.07% v. Hispanic/ Latino 412 23.12% 07. Was a Search Conducted: a. NO 7247 95.70% i. Alaska/ Native American/ Indian 37 0.51% ii. Asian/ Pacific Islander 425 5.86% iii. Black 1220 16.83% iv. White 4127 56.95% v. Hispanic/ Latino 1438 19.84% b. YES 326 4.30% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 4 1.23% iii. Black 125 38.34% iv. White 114 34.97% v. Hispanic/ Latino 83 25.46% 08. Reason for Search: a. Consent 206 2.72% 1/27/2023 2 of 7 Racial Profiling Analysis Report Page 115 Item 11. i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 3 1.46% iii. Black 68 33.01% iv. White 78 37.86% v. Hispanic/ Latino 57 27.67% b. Contraband in Plain View 3 0.04% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 2 66.67% iv. White 0 0.00% v. Hispanic/ Latino 1 33.33% c. Probable Cause 94 1.24% ii. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 1 1.06% iii. Black 48 51.06% iv. White 27 28.72% v. Hispanic/ Latino 18 19.15% d. Inventory 9 0.12% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 2 22.22% iv. White 1 11.11% v. Hispanic/ Latino 6 66.67% e. Incident to Arrest 14 0.18% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 5 35.71% iv. White 8 57.14% v. Hispanic/ Latino 1 7.14% 09. Was Contraband Discovered: YES 167 2.21% i. Alaska/ Native American/ Indian 0 0.00% Finding resulted in arrest - YES 0 Finding resulted in arrest - NO 0 ii. Asian/ Pacific Islander 1 0.60% Finding resulted in arrest - YES 0 Finding resulted in arrest - NO 1 iii. Black 66 39.52% 1/27/2023 3 of 7 Racial Profiling Analysis Report Page 116 Item 11. Finding resulted in arrest - YES 7 Finding resulted in arrest - NO 59 iv. White 57 34.13% Finding resulted in arrest - YES 13 Finding resulted in arrest - NO 44 v. Hispanic/ Latino 43 25.75% Finding resulted in arrest - YES 4 Finding resulted in arrest - NO 39 b. NO 159 2.10% i. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 3 1.89% iii. Black 59 37.11% iv. White 57 35.85% v. Hispanic/ Latino 40 25.16% 10. Description of Contraband: a. Drugs 131 1.73% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 1 0.76% iii. Black 57 43.51% iv. White 44 33.59% v. Hispanic/ Latino 29 22.14% b. Currency 1 0.01% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 0 0.00% v. Hispanic/ Latino 1 100.00% c. Weapons 2 0.03% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 1 50.00% iv. White 1 50.00% v. Hispanic/ Latino 0 0.00% d. Alcohol 5 0.07% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 1 20.00% iv. White 2 40.00% 1/27/2023 4 of 7 Racial Profiling Analysis Report Page 117 Item 11. v. Hispanic/ Latino 2 40.00% e. Stolen Property 4 0.05% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 1 25.00% iv. White 0 0.00% v. Hispanic/ Latino 3 75.00% f. Other 24 0.32% i. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 0 0.00% iii. Black 6 25.00% iv. White 10 41.67% v. Hispanic/ Latino 8 33.33% 11. Result of Stop: a. Verbal Warning 1969 26.00% i. Alaska/ Native American/ Indian 8 0.41% ii. Asian/ Pacific Islander 137 6.96% iii. Black 423 21.48% iv. White 1043 52.97% v. Hispanic/ Latino 358 18.18% b. Written Warning 3545 46.81% i. Alaska/ Native American/ Indian 16 0.45% ii. Asian/ Pacific Islander 200 5.64% iii. Black 631 17.80% iv. White 2090 58.96% v. Hispanic/ Latino 608 17.15% c. Citation 1952 25.78% i. Alaska/ Native American/ Indian 13 0.67% ii. Asian/ Pacific Islander 91 4.66% iii. Black 258 13.22% iv. White 1060 54.30% v. Hispanic/ Latino 530 27.15% d. Written Warning and Arrest 7 0.09% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 4 57.14% iv. White 2 28.57% v. Hispanic/ Latino 1 14.29% 1/27/2023 5 of 7 Racial Profiling Analysis Report Page 118 Item 11. e. Citation and Arrest 15 0.20% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 1 6.67% iii. Black 3 20.00% iv. White 6 40.00% v. Hispanic/ Latino 5 33.33% f. Arrest 85 1.12% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 26 30.59% iv. White 40 47.06% v. Hispanic/ Latino 19 22.35% 12. Arrest Based On: a. Violation of Penal Code 75 0.99% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 1 1.33% iii. Black 20 26.67% iv. White 38 50.67% v. Hispanic/ Latino 16 21.33% b. Violation of Traffic Law 4 0.05% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 2 50.00% iv. White 1 25.00% v. Hispanic/ Latino 1 25.00% c. Violation of City Ordinance 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 d. Outstanding Warrant 28 0.37% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 11 39.29% iv. White 9 32.14% v. Hispanic/ Latino 8 28.57% 1/27/2023 6 of 7 Racial Profiling Analysis Report Page 119 Item 11. 13. Was Physical Force Used: a. NO 7573 100.00% i. Alaska/ Native American/ Indian 37 0.49% ii. Asian/ Pacific Islander 429 5.66% iii. Black 1345 17.76% iv. White 4241 56.00% v. Hispanic/ Latino 1521 20.08% b. YES 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 b 1. YES: Physical Force Resulting in Bodily Injury to Suspect 0 b 2. YES: Physical Force Resulting in Bodily Injury to Officer 0 b 3. YES: Physical Force Resulting in Bodily Injury to Both 0 14. Total Number of Racial Profiling Complaints Received:0 REPORT DATE COMPILED 01/27/2023 1/27/2023 7 of 7 Racial Profiling Analysis Report Page 120 Item 11. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Prosper Plaza Zoning Ordinance Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon an ordinance to rezone for a Specific Use Permit for a Restaurant with Drive-Through Service on 1.12± acres, located on the north side of US 380, west of Custer Road. (S22-0002) Description of Agenda Item: On June 14, 2022, the Town Council approved the proposed request, by a vote of 5-2. A zoning ordinance has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attachments: 1. Ordinance 2. Ordinance Exhibit Town Staff Recommendation: Town Staff recommends approval of an ordinance for a Specific Use Permit for a Restaurant with Drive-Through Service on 1.12± acres, located on the north side of US 380, west of Custer Road. (S22-0002) Proposed Motion: I move to approve an ordinance to rezone for a Specific Use Permit for a Restaurant with Drive- Through Service on 1.12± acres, located on the north side of US 380, west of Custer Road. (S22- 0002) Prosper is a place where everyone matters. PLANNING Page 121 Item 12. Ordinance No. 2023-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT 43 (SUP-43) FOR A RESTAURANT WITH DRIVE-THROUGH, LOCATED ON A TRACT OF LAND CONSISTING 1.121 ACRES, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Sara Sangani (“Applicant”), to rezone 1.121 acres of land, more or less, in the Jeremiah Horn Survey, Abstract No. 411, in the Town of Prosper, Collin County, Texas, being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated 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, Public Hearings have been held, and all other requirements of notice and completion of such 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 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended as follows: The zoning designation of the below described property containing 1.121 acres of land, more or less, in the Jeremiah Horn Survey, Abstract No. 411, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads, and alleyways contiguous and/or adjacent thereto is hereby zoned being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 122 Item 12. Ordinance No. 2023-__, Page 2 The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the concept plan, attached hereto as Exhibit "B," 2) the landscape plan, attached hereto as Exhibit “C,” and 3) the concept elevations, attached hereto as Exhibit “D”; which are incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, Page 123 Item 12. Ordinance No. 2023-__, Page 3 subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF FEBRUARY 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 124 Item 12. Page 125Item 12. Page 126 Item 12. Page 127 Item 12. 111 Travis Street, Houston, Texas 77002www.identityarchitects.com 713.595.2150N0 10' 20'40'Scale: 1" = 20'-0"EXHIBIT C LANDSCAPE PLANUS-380 & CUSTER RD.PROSPER, TXTHIS DRAWING IS FOR PRESENTATION PURPOSES ONLY. ANY AND ALL FEATURES, MATTERS AND OTHER INFORMATION DEPICTED HEREON OR CONTAINED HEREIN ARE FOR ILLUSTRATIVE MARKETINGPURPOSES ONLY, ARE SUBJECT TO MODIFICATION WITHOUT NOTICE, ARE NOT INTENDED TO BE RELIED UPON BY ANY PARTY AND ARE NOT INTENDED TO CONSTITUTE REPRESENTATIONS AND WARRANTIESAS TO THE SIZE AND NATURE OF IMPROVEMENTS TO BE CONSTRUCTED (OR THAT ANY IMPROVEMENTS WILL BE CONSTRUCTED) OR AS TO THE IDENTITY OR NATURE OF ANY OCCUPANTS THEREOF.124-22-157 Landscape Base 4May 10, 2022Town of Prosper landscape general notes1) Plant material shall be measured and sized according to the latest edition of the Texas Nursery & LandscapeAssociation (TNLA) Specifications, Grades and Standards.2) All plant substitutions are subject to Town approval and must be specified on the approved landscape plan.3) All turf areas to be established prior to the Certificate of Occupancy, unless otherwise approved by the Town.4) Ground covers used in lieu of turf grass must provide complete coverage within one (1) year of planting andmaintain adequate coverage as approved by the Town.5) Trees must be planted four (4) feet or greater from curbs, sidewalks, utility lines, screening walls, and/or otherhealthy root growth.6) Tree pits shall have roughened sides and be two to three times wider than the root ball of the tree in order tofacilitate healthy root growth.7) Tree pits shall be tested for water percolation. If water does not drain out of tree pit within a 24-hour period,the contractor shall provide berming, or devise alternative drainage.8) Trees shall not be planted deeper than the base of the “trunk flare”.9) The tree pit shall be backfilled with native topsoil free of rock and other debris.10) Burlap, twine, and wire baskets shall be loosened and pulled back from the trunk of tree as much as possible.11) Trees shall not be watered to excess that results in soil saturation. If soil becomes saturated, the wateringschedule shall be adjusted to allow for drainage and absorption of the excess water.12) A 3-4” layer of mulch shall be provided around the base of the planted tree. The mulch shall be pulled back1-2” from the trunk of the tree.13) No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likelylead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or otherunsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death ofa tree.14) Topsoil shall be a minimum of eight (8) inches in depth in planting areas. Soil shall be free of stones, roots,and clods and any other foreign material that is not beneficial for plant growth.15) All plant beds shall be top-dressed with a minimum of three (3) inches of mulch.16) Trees overhanging walks and parking shall have a minimum clear trunk height of seven (7) feet. Treesoverhanging public street pavement drive aisles and fire lanes shall have a minimum clear trunk height offourteen (14) feet.17) A visibility triangle must be provided at all intersections, where shrubs are not to exceed thirty (30) inches inheight, and trees shall have a minimum clear trunk height of nine (9) feet.18) Trees planted on a slope shall have the tree well at the average grad of slope.19) No shrubs shall be permitted within areas less than three (3) feet in width. All beds less than three (3) feet inwidth shall be grass, groundcover, or some type of fixed paving.20) The owner, tenant, and/or their agents, if any, shall be jointly and severally responsible for the maintenance,establishment, and permanence of plant material. All landscaping shall be maintained in a neat and orderlymanner at all times. This shall include, but not limited to, mowing, edging, pruning, fertilizing, watering, andother activities necessary for the maintenance of landscaped areas.21) All plant material shall be maintained in a healthy and growing condition as is appropriate for the season ofthe year. Plant material that is damaged, destroyed, or removed shall be replaced with plant material of similarsize and variety within thirty (30) days unless otherwise approved in writing by the Town of Prosper.22) Landscape and open areas shall be kept free of trash, litter, and weeds.23) An automatic irrigation system shall be provided to irrigate all landscape areas. Overspray on streets andwalks is prohibited. A permit from the Building Inspection Division is required for each irrigation system.24) No plant material shall be allowed to encroach on right-of-way, sidewalks, or easements to the extent that thevision or route of travel for vehicular, pedestrian, or bicycle traffic is impeded.25) No planting areas shall exceed 3:1 slope (3 ft Horizontal to 1 ft Vertical).7826) Earthen berms shall not include construction debris. Contractor must correct slippage or damage to thesmooth finish grad of the berm prior to acceptance.27) All walkways shall meet ADA and TAS requirements.28) Contact Town of Prosper Parks and Recreation Division at (972) 569-1160 for landscape inspection. Notethat landscape installation must comply with approved landscape plans prior to final acceptance by the Townand/or obtaining a Certificate of Occupancy.29) Final inspection and approval of screening walls, irrigation, and landscape is subject to all public utilities,including but not limited to manholes, valves, water meters, cleanouts, and other appurtenances, to beaccessible, adjusted to grade, and to the Town of Prosper’s Public Works Department standards.30) Prior to calling for a landscape inspection, the contractor is responsible for marking all manholes, valves,water meters, cleanouts, and other utility appurtenances with flagging for field verification by the Town.TOTAL PARKING REQUIRED (W/RATIO):29 PSPATIO 1PS/100SF 5 PSRESTAURANT 1 PS/100 SF24 PSTOTAL PARKING PROVIDED:42 PSNUMBER OF HANDICAPPED SPACES REQUIRED:2 PSNUMBER OF HANDICAP SPACES PROVIDED:2 PSPARKING LANDSCAPE AREA REQUIRED 45 X15 = 630 SFPARKING LANDSCAPE PROVIDED = 1341 SFPERCENTAGE OF LANDSCAPE REQUIRED (% AND SF): 10% 4,884 SFPERCENTAGE OF LANDSCAPE PROVIDED (% AND SF): 27% 13,207 SFSQUARE FOOTAGE OF IMPERVIOUS SURFACE:35,628 SF15 5 GAL SHRUBS FOR EVERY STREET TREE REQUIRED 7 X 15 = 95 SHRUBS REQUIRED95 SHRUBS PROVIDEDONE SMALL TREE, ONE 5 GAL SHRUB EVERY 15 LF PERIMETER LANDSCAPINGEAST PROPERTY LINE 255'/15 = 17 TREES & 17 SHRUBS REQUIRED17 TREES & 49 SHRUBS PROVIDEDWEST PROPERTY LINE 258'/15 = 17 TREES & 17 SHRUBS REQUIRED17 TREES & 49 SHRUBS PROVIDEDNORTH PROPERTY LINE 190'/15 = 13 TREES & 13 SHRUBS REQUIRED15 TREES & 31 SHRUBS PROVIDEDONE 3" CAL TREE / 30 LF ROADWAY = UNIVERSITY 190 / 30 = 7 TREES REQUIRED7 3" LIVE OAK PROVIDED3' Berm(3:1 slope max.)731732733734735(3) Chaste Tree(1) Yaupon Holly(1) Bald Cypress(44) Big Blue Lilyturf(1) Chaste Tree(4) Tuscarora Crape Myrtle(4) Cleyera(17) Plumbago(6) Dwarf Burford Holly(7) Live Oak(3) Tuscarora Crape Myrtle(49) Dwarf Maiden Grass(3) Yaupon Holly(7) Cleyera(4) Dwarf Burford Holly(4) Chaste Tree(3) Yaupon Holly(4) Bald Cypress(2) Bald Cypress(13) Dwarf Wax Myrtle(3) Yaupon Holly(3) Tuscarora Crape Myrtle(17) Dwarf Burford Holly(3) Yaupon Holly(3) Tuscarora Crape Myrtle(3) Tuscarora Crape Myrtle(14) Dwarf Burford Holly(249 sf) Bermuda Grass(494 sf) Bermuda Grass(532 sf) Bermuda Grass(2,112 sf) Bermuda Grass(2) Bald Cypress(3) Yaupon Holly(4) Chaste Tree(3) Yaupon Holly(49) Dwarf Maiden Grass(342 sf) Bermuda Grass(37) Dwarf Wax Myrtle(7) Dwarf Burford Holly(1) Tuscarora Crape Myrtle(5) Dwarf Maiden Grass(8) Cleyera(152 sf) Bermuda Grass(1) Bald Cypress(4) Tuscarora Crape Myrtle(64) Dwarf Maiden Grass(7) Dwarf Maiden Grass(6) Dwarf Maiden Grass(5) Dwarf Maiden Grass(6) Dwarf Maiden Grass(7) Dwarf Maiden Grass(4,709 sf) Bermuda Grass(96) Big Blue LilyturfLOWE'S HOME CENTER LLCPROPERTY ID:2731328F1 COMMERCIALFIREBRAND PROPERTIES LPPROPERTY ID:2647980F1 COMMERCIALROSEBRIAR PROSPERPLAZA LPPROPERTY ID:2723735F1 COMMERCIALKROGER TEXAS LPPROPERTY ID:2741314F1 COMMERCIALROSEBRIAR PROSPERPROPERTY ID:273132975 FT LINE 2,315 SF 75 FT LINE75 FT LINE(2,865 sf) Bermuda Grass(5,457 sf) Bermuda Grass(141) Big Blue Lilyturf(33) Plumbago(15) Dwarf Yaupon Holly(431 sf) Bermuda GrassTREESQTYBOTANICAL / COMMON NAMESIZE19Ilex vomitoria30 gal.Yaupon Holly21Lagerstroemia indica x fauriei 'Tuscarora'30 gal.Tuscarora Crape Myrtle7Quercus virginiana3" Cal.Live Oak10Taxodium distichum3" Cal.Bald Cypress12Vitex agnus-castus30 gal.Chaste TreeSHRUBSQTYBOTANICAL / COMMON NAMESIZE19Cleyera japonica3 gal.Cleyera48Ilex cornuta 'Burfordii Nana'5 gal.Dwarf Burford Holly15Ilex vomitoria 'Nana'3 gal.Dwarf Yaupon Holly198Miscanthus sinensis 'Little Kitten'5 gal.Dwarf Maiden Grass51Myrica pusilla5 gal.Dwarf Wax Myrtle50Plumbago auriculata3 gal.PlumbagoGROUND COVERSQTYBOTANICAL / COMMON NAMESIZESPACING17,523 sfCynodon dactylon '419 Hybrid'sodBermuda Grass281Liriope muscari 'Big Blue'1 gal.18" o.c.Big Blue LilyturfPLANT SCHEDULEPage 128Item 12. FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" T.O. STOREFRONT 110' - 0" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" PREFINISHED BRAKE METAL TO COLOR MATCH STOREFRONT DARK BRONZE ALUMINUM STOREFRONT SYSTEM, TYP. PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' ENDICOTT EXECUTIVE IRONSPOT BRICK STUCCO CONTROL JOINT, TYP. BRAKE METAL SEAM LOCATION, TYP. PREFINISHED METAL CANOPY TO COLOR MATCH STOREFRONT FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" T.O. STOREFRONT 110' - 0" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" T.O. TOWER PARAPET 120' - 8" STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' DARK BRONZE ALUMINUM STOREFRONT ENTRY DOORS, WOOD HANDLES BY TENANT MILLWORK SUPPLIER PREFINISHED BRAKE METAL FINISH TO MATCH STOREFRONT STUCCO CONTROL JOINT BRAKE METAL SEAM LOCATION, TYP. PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO PREFINISHED METAL COPING, TO COLOR MATCH METAL PANELS PREFINISHED METAL CANOPY TO COLOR MATCH STOREFRONT XXXX DARK BRONZE ALUMNIUM STOREFRONT SYSTEM, TYP. FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' ENDICOTT EXECUTIVE IRONSPOT BRICK HOLLOW METAL SERVICE DOOR FRAME WITH TRANSOM. PAINT DOOR AND DOOR FRAME 'KNIGHT'S ARMOR' EXTERIOR ROOF LADDER WITH LOCKING GATE PAINTED 'KNIGHT'S ARMOR' PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO FROSTED WINDOW FILM FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" T.O. STOREFRONT 110' - 0" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" T.O. TOWER PARAPET 120' - 8" T.O. WINDOW 107' - 11 1/2" B.O. WINDOW 103' - 0" PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' ENDICOTT EXECUTIVE IRONSPOT BRICK PREFINISHED DARK BRONZE ALUMINUM STOREFRONT SYSTEM PREFINISHED BRAKE METAL FINISH TO MATCH STOREFRONT PREFINISHED ALUMINUM TUBES, TO COLOR MATCH STOREFRONT STUCCO CONTROL JOINT BRAKE METAL SEAM LOCATION, TYP. PREFINISHED METAL CANOPY TO COLOR MATCH STOREFRONT, TYP. OF TWO (2), FIELD VERIFY DIMENSIONS WITH INSTALLED STEEL DIMENSIONS ENDICOTT MANGANESE IRONSPOT BRICK PREFINISHED METAL COPING TO COLOR MATCH METAL PANELS STUCCO SYSTEM BEHIND TUBES, COLOR MATCH TO PPG 'AUTUMN RIDGE' SECURITY CAMERA, SEE A201 DARK BRONZE ALUMINUM PASS- THRU WINDOW WITH INTEGRATED INTERIOR AIR CURTAIN, REFER TO ELECTRICAL DRAWINGS DARK BRONZE ALUMNIUM STOREFRONT SYSTEM OVERFLOW WITH COVER, TYP. OF (2), REFER TO PLUMBING DRAWINGS ROOFTOP EQUIPMENT 1. THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL BY DEVELOPMENT SERVICES. 2. ALL MECHANICAL UNITS SHALL BE SCREENED FROM PUBLIC VIEW AS REQUIRED BY THE ZONING ORDINANCE. 3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. 4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY DEVELOPMENT SERVICES. 5. AN ONSITE MOCKUP OF THE BUILDING MATERIALS TO BE USED ON THE STRUCTURE SHALL BE INSTALLED AND REVIEWED BY THE PLANNING DIVISION. MATERIALS SHALL NOT BE PLACED ONT HE STRUCTURE UNTIL A GREEN TAG IS RECEIVED BY THE PLANNING DIVISION. 6. AN APPROVED FACADE PLAN SHALL BE POSED ONSITE AT ALL TIMES. GENERAL NOTES FINISH MATERIALS STUCCO 3-STEP STUCCO PPG 'FOG' STRFNT KAWNEER DARK BRONZE BRICK 2 ENDICOTT IRONSPOT MANGANESE IRONSPOT THIN BRICK MT-01 METAL PPG 'KNIGHTS ARMOR' NOTE: THREE COAT STUCCO IS APPLIED IN THREE LAYERS: 3/8- INCH THICK SCRATCH COAT, 3/8-INCH THICK BROWN COAT, AND APPROXIMATE 1/8 INCH THICK FINISH COAT. THE APPROXIMATELY 7/8-INCH THREE COAT SYSTEM IS APPLIED OVER AN APPROVED WEATHER-RESISTIVE BARRIER AND METAL LATH EITHER BY HAND USING A TROWEL OR BY MACHINE APPLICATION BRICK 1 ENDICOTT IRONSPOT EXECUTIVE IRONSPOT THIN BRICK STORE NO.:CHIPOTLE MEXICAN GRILL, INC. PO BOX 182566 COLUMBUS, OH 43218-2566 TELEPHONE: 614.318.2400 INTERNET: WWW.CHIPOTLE.COM COPYRIGHT 2019 THIS DRAWING IS AN INSTRUMENT OF SERVICE AND AS SUCH REMAINS THE PROPERTY OF CHIPOTLE MEXICAN GRILL, INC.. PERMISSION FOR USE OF THIS DOCUMENT IS LIMITED AND CAN BE EXTENDED ONLY BY WRITTEN AGREEMENT WITH CHIPOTLE MEXICAN GRILL, INC.. Project No. Contents: Drawn: Issue Record: Consultant: Checked: #Revisions: ARCHITECT OF RECORD SEAL 513 MAIN STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 820-0433 CUSTER & 380PROSPER, TX 75078ROGUE #22-0032 FACADE PLAN FPR4429FACADE PLAN -03/28/22 T. GRANDORF A. MORELAND 1/4" = 1'-0"FPR EXT ELEV - EAST1 1/4" = 1'-0"FPR EXT ELEV - SOUTH2 1/4" = 1'-0"FPR EXT ELEV - NORTH3 1/4" = 1'-0"FPR EXT ELEV - WEST4 RESTAURANT WITH DRIVE-THRU PROSPER PLAZA TRACT 1, BLOCK A, LOT 2 ARCHITECT: ROGUE ARCHITECTS 513 MAIN STREET, STE 300 FORT WORTH, TX 76102 CONTACT: ASHLEY MORELAND T: (817) 820-0433 OWNER: WS RESIDENTIAL INVESTMENTS, LLC 170 WESTCOTT HOUSTON, TX 77007 CONTACT: ERIC WALKER T: (281) 816-6550 SURVEYOR LANDPOINT 6410 SOUTHWEST BLVD, STE 127 FORT WORTH, TX 76109 CONTACT: ROBERT MALOY T: (817) 554-1805 FACADE PLAN: #SC22-0002 SUBMITTAL DATE: 03/28/2022 METAL ACCENT 53 6% 65 7% 0 0% 40 4% 158 5% STUCCO (3 STEP)290 34% 561 62% 257 40% 464 47% 1572 46% BRICK (BROWN & IRONSPOT)507 60% 287 31% 358 60% 492 49% 1644 49% TOTAL (WITHOUT FENESTRATIONS) 1167 1291 650 1136 4244 GLAZED DOORS AND WINDOWS 317 27% 378 29% 8 1% 140 12% 843 20% NON-GLAZED DOORS AND WINDOWS 0 0% 0 0% 27 4% 0 0% 27 1% TOTAL ELEVATION AREA 1395 100 881 100 1357 100 661 100 4294 100 S.F. % S.F. % S.F. % S.F. % S.F. %MATERIAL SOUTH EAST NORTH WEST TOTAL MATERIAL CALCULATION Page 129 Item 12. Page 1 of 2 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Development Agreement Prosper Plaza Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Eric Walker, and the Town of Prosper, Texas, related to the Prosper Plaza development, located on the north side of US 380, west of Custer Road. Description of Agenda Item: On June 14, 2022, the Town Council approved the proposed request, by a vote of 5-2 subject to the applicant to reposition the outdoor trash receptacle to be screen along U.S Highway 380 and the existing billboard on the property shall be removed within 90 days of the effective date of this ordinance. Town Staff has recently received the signed development agreement within the last 30 days and is now ready to take this item and the ordinance for execution. A Development Agreement has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attachments: 1. Development Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Eric Walker, and the Town of Prosper, Texas, related to the Prosper Plaza development, located on the north side of US 380, west of Custer Road. Prosper is a place where everyone matters. PLANNING Page 130 Item 13. Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute a Development Agreement between Eric Walker, and the Town of Prosper, Texas, related to the Prosper Plaza development, located on the north side of US 380, west of Custer Road. Page 131 Item 13. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Eric Walker (“Owner”) (individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Owner is developing an approximate 1.12-acre tract (the “Property”) generally located at the northwest corner of University Drive and Custer Road in the Town, and a legal description and a depiction of the Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, a specific use permit for a Restaurant with Drive-Through Service was approved by the Town Council on or about June 14, 2022, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Owner’s reasonable investment-backed expectations in the Development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Façade Plan,” attached hereto and incorporated herein, including but not limited to building mateials and elevations. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Outdoor Trash Receptacle. Owner shall endeavor to reposition the outdoor trash receptacle so that its opening faces in a northeasterly direction and is otherwised screened from view along U.S. Highway 380. 3. Removal of Billboard. As of the Effective Date of this Agreement, there is a billboard located on the property. Within ninety (90) days of the Effective Date of this Agreement, the billboard shall be removed from the Property. 4. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Owner and its heirs, representatives, successors and assigns. This Page 132 Item 13. Page 133 Item 13. Page 134 Item 13. Page 135 Item 13. 6 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of February, 2023, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 136 Item 13. Page 137 Item 13. Page 138 Item 13. Page 139 Item 13. FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" T.O. STOREFRONT 110' - 0" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" PREFINISHED BRAKE METAL TO COLOR MATCH STOREFRONT DARK BRONZE ALUMINUM STOREFRONT SYSTEM, TYP. PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' ENDICOTT EXECUTIVE IRONSPOT BRICK STUCCO CONTROL JOINT, TYP. BRAKE METAL SEAM LOCATION, TYP. PREFINISHED METAL CANOPY TO COLOR MATCH STOREFRONT FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" T.O. STOREFRONT 110' - 0" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" T.O. TOWER PARAPET 120' - 8" STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' DARK BRONZE ALUMINUM STOREFRONT ENTRY DOORS, WOOD HANDLES BY TENANT MILLWORK SUPPLIER PREFINISHED BRAKE METAL FINISH TO MATCH STOREFRONT STUCCO CONTROL JOINT BRAKE METAL SEAM LOCATION, TYP. PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO PREFINISHED METAL COPING, TO COLOR MATCH METAL PANELS PREFINISHED METAL CANOPY TO COLOR MATCH STOREFRONT XXXX DARK BRONZE ALUMNIUM STOREFRONT SYSTEM, TYP. FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' ENDICOTT EXECUTIVE IRONSPOT BRICK HOLLOW METAL SERVICE DOOR FRAME WITH TRANSOM. PAINT DOOR AND DOOR FRAME 'KNIGHT'S ARMOR' EXTERIOR ROOF LADDER WITH LOCKING GATE PAINTED 'KNIGHT'S ARMOR' PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO FROSTED WINDOW FILM FINISHED FLOOR 100' - 0" T.O. PARAPET 119' - 4" T.O. STOREFRONT 110' - 0" B.O. EXT. SOFFIT 111' - 0" TRUSS BEARING 111' - 10" T.O. TOWER PARAPET 120' - 8" T.O. WINDOW 107' - 11 1/2" B.O. WINDOW 103' - 0" PREFINISHED METAL COPING TO MATCH ADJACENT STUCCO STUCCO SYSTEM, COLOR MATCH TO PPG 'FOG' ENDICOTT EXECUTIVE IRONSPOT BRICK PREFINISHED DARK BRONZE ALUMINUM STOREFRONT SYSTEM PREFINISHED BRAKE METAL FINISH TO MATCH STOREFRONT PREFINISHED ALUMINUM TUBES, TO COLOR MATCH STOREFRONT STUCCO CONTROL JOINT BRAKE METAL SEAM LOCATION, TYP. PREFINISHED METAL CANOPY TO COLOR MATCH STOREFRONT, TYP. OF TWO (2), FIELD VERIFY DIMENSIONS WITH INSTALLED STEEL DIMENSIONS ENDICOTT MANGANESE IRONSPOT BRICK PREFINISHED METAL COPING TO COLOR MATCH METAL PANELS STUCCO SYSTEM BEHIND TUBES, COLOR MATCH TO PPG 'AUTUMN RIDGE' SECURITY CAMERA, SEE A201 DARK BRONZE ALUMINUM PASS- THRU WINDOW WITH INTEGRATED INTERIOR AIR CURTAIN, REFER TO ELECTRICAL DRAWINGS DARK BRONZE ALUMNIUM STOREFRONT SYSTEM OVERFLOW WITH COVER, TYP. OF (2), REFER TO PLUMBING DRAWINGS ROOFTOP EQUIPMENT 1. THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL BY DEVELOPMENT SERVICES. 2. ALL MECHANICAL UNITS SHALL BE SCREENED FROM PUBLIC VIEW AS REQUIRED BY THE ZONING ORDINANCE. 3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. 4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY DEVELOPMENT SERVICES. 5. AN ONSITE MOCKUP OF THE BUILDING MATERIALS TO BE USED ON THE STRUCTURE SHALL BE INSTALLED AND REVIEWED BY THE PLANNING DIVISION. MATERIALS SHALL NOT BE PLACED ONT HE STRUCTURE UNTIL A GREEN TAG IS RECEIVED BY THE PLANNING DIVISION. 6. AN APPROVED FACADE PLAN SHALL BE POSED ONSITE AT ALL TIMES. GENERAL NOTES FINISH MATERIALS STUCCO 3-STEP STUCCO PPG 'FOG' STRFNT KAWNEER DARK BRONZE BRICK 2 ENDICOTT IRONSPOT MANGANESE IRONSPOT THIN BRICK MT-01 METAL PPG 'KNIGHTS ARMOR' NOTE: THREE COAT STUCCO IS APPLIED IN THREE LAYERS: 3/8- INCH THICK SCRATCH COAT, 3/8-INCH THICK BROWN COAT, AND APPROXIMATE 1/8 INCH THICK FINISH COAT. THE APPROXIMATELY 7/8-INCH THREE COAT SYSTEM IS APPLIED OVER AN APPROVED WEATHER-RESISTIVE BARRIER AND METAL LATH EITHER BY HAND USING A TROWEL OR BY MACHINE APPLICATION BRICK 1 ENDICOTT IRONSPOT EXECUTIVE IRONSPOT THIN BRICK STORE NO.:CHIPOTLE MEXICAN GRILL, INC. PO BOX 182566 COLUMBUS, OH 43218-2566 TELEPHONE: 614.318.2400 INTERNET: WWW.CHIPOTLE.COM COPYRIGHT 2019 THIS DRAWING IS AN INSTRUMENT OF SERVICE AND AS SUCH REMAINS THE PROPERTY OF CHIPOTLE MEXICAN GRILL, INC.. PERMISSION FOR USE OF THIS DOCUMENT IS LIMITED AND CAN BE EXTENDED ONLY BY WRITTEN AGREEMENT WITH CHIPOTLE MEXICAN GRILL, INC.. Project No. Contents: Drawn: Issue Record: Consultant: Checked: #Revisions: ARCHITECT OF RECORD SEAL 513 MAIN STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 820-0433 CUSTER & 380PROSPER, TX 75078ROGUE #22-0032 FACADE PLAN FPR4429FACADE PLAN -03/28/22 T. GRANDORF A. MORELAND 1/4" = 1'-0"FPR EXT ELEV - EAST1 1/4" = 1'-0"FPR EXT ELEV - SOUTH2 1/4" = 1'-0"FPR EXT ELEV - NORTH3 1/4" = 1'-0"FPR EXT ELEV - WEST4 RESTAURANT WITH DRIVE-THRU PROSPER PLAZA TRACT 1, BLOCK A, LOT 2 ARCHITECT: ROGUE ARCHITECTS 513 MAIN STREET, STE 300 FORT WORTH, TX 76102 CONTACT: ASHLEY MORELAND T: (817) 820-0433 OWNER: WS RESIDENTIAL INVESTMENTS, LLC 170 WESTCOTT HOUSTON, TX 77007 CONTACT: ERIC WALKER T: (281) 816-6550 SURVEYOR LANDPOINT 6410 SOUTHWEST BLVD, STE 127 FORT WORTH, TX 76109 CONTACT: ROBERT MALOY T: (817) 554-1805 FACADE PLAN: #SC22-0002 SUBMITTAL DATE: 03/28/2022 METAL ACCENT 53 6% 65 7% 0 0% 40 4% 158 5% STUCCO (3 STEP)290 34% 561 62% 257 40% 464 47% 1572 46% BRICK (BROWN & IRONSPOT)507 60% 287 31% 358 60% 492 49% 1644 49% TOTAL (WITHOUT FENESTRATIONS) 1167 1291 650 1136 4244 GLAZED DOORS AND WINDOWS 317 27% 378 29% 8 1% 140 12% 843 20% NON-GLAZED DOORS AND WINDOWS 0 0% 0 0% 27 4% 0 0% 27 1% TOTAL ELEVATION AREA 1395 100 881 100 1357 100 661 100 4294 100 S.F. % S.F. % S.F. % S.F. % S.F. %MATERIAL SOUTH EAST NORTH WEST TOTAL MATERIAL CALCULATIONPage 140Item 13. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: SUP Child Care Center Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon an ordinance to amend a Specific Use Permit-19 (S-19) for a Child Care Center, licensed on 2.3± acres, located on the north side of Prairie Drive, west of Legacy Drive. (S22-0010) Description of Agenda Item: On January 24, 2023, the Town Council approved the proposed request, by a vote of 7-0. A zoning ordinance has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attachments: 1. Ordinance 2. Ordinance Exhibit Town Staff Recommendation: Town Staff recommends approval of an ordinance to amend a Specific Use Permit-19 (S-19) for a Child Care Center, licensed on 2.3± acres, located on the north side of Prairie Drive, west of Legacy Drive. (S22-0010) Proposed Motion: I move to approve an ordinance to rezone to amend a Specific Use Permit-19 (S-19) for a Child Care Center, licensed on 2.3± acres, located on the north side of Prairie Drive, west of Legacy Drive. (S22-0010) Prosper is a place where everyone matters. PLANNING Page 141 Item 14. Ordinance No. 2023-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE SPECIFIC USE PERMIT (S-19) FOR A CHILD DAY CARE CENTER, LOCATED IN THE PROSPER CENTER ADDITION, BLOCK A, LOT 1R, ON 2.37 ACRES, MORE OR LESS, IN THE L. NETHERLY SURVEY, ABSTRACT NO. 962, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from SRKMR Real Estate Holding 2, LLC (“Applicant") amending Specific Use Permit-19 (S-19) for a child day care center, located in the Prosper Center Addition, Block A, Lot 1R, zoned Planned Development-65-Single Family, consisting of 2.37 acres of land, more or less, in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A," attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated 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, Public Hearings have been held, and all other requirements of notice and completion of such 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 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted an amended Specific Use Permit-19 (S-19) for a child day care center, located in the Prosper Center Addition, Block A, Lot 1R, zoned Planned Development-65-Single Family, consisting of 2.37 acres of land, more or less, in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim Page 142 Item 14. Ordinance No. 2023-__, Page 2 The development plans, standards, and uses f or the Property in this Specific Use Permit shall conform to, and comply with 1) the concept plan, attached hereto as Exhibit "B," 2) the landscape plan, attached hereto as Exhibit “C,” and 3) the concept elevations, attached hereto as Exhibit “D”; which are incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, Page 143 Item 14. Ordinance No. 2023-__, Page 3 subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF FEBRUARY, 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 144 Item 14. DRAINAGE EASEMENT DOC. NO. 2016-132795 P.R.D.C.T. EASEMENT PROPERTY (PART A) C.C. FILE NO. 2015-95282 R.P.R.D.C.T. LEGACY DRIVE 60' R.O.W. 49.4' L3 L2L4L1 IRSC IRSC 5/8" IRFC "KHA" SPEARGRASS LN SCARLET DR24'FAUE24' FAUE PROP. 15' W.E. PROP. STREET EASEMENT LOT 9, BLOCK A, PROSPER CENTER 940 S LEGACY DRIVE OWNER: ORL III LLC LAND USE: MEDICAL FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL LOT 1R, BLOCK A, PROSPER CITY CENTER SRKMR REAL ESTATE HOLDINGS 2 LLC LAND USE: VACANT FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL LOT 6, BLOCK A, PROSPER CENTER OWNER: TOWN OF PROSPER ZONING: PD-65 LAND USE: VACANT FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL HILLS AT LEGACY PHASE 1 BLOCK A OWNER: MERITAGE HOMES OF TEXAS LLC ZONING: PD-65 LAND USE: SINGLE FAMILY RESIDENTIAL PROP. 10' W.E. PROP. 25' LANDSCAPE/ PEDESTRIAN ACCESS EASEMENT PARKS AT LEGACY, PHASE IV OWNER: PROSPER PARTNERS L.P. ZONING: PD-65 LAND USE: RESIDENTIAL FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL BLOCK L BLOCK K LOT 8 BLOCK K LOT 9 BLOCK K LOT 10 BLOCK K LOT 11 BLOCK K LOT 5 BLOCK K LOT 6 BLOCK K LOT 7 BLOCK J LOT 45 BLOCK J LOT 44 BLOCK J LOT 43 BLOCK J LOT 42 BLOCK J LOT 41 WESTWOODDRIVEWO O D V A L E DRI V E ZILKERPARKWAYP.O.B. N=7,133,130.9472 E=2,475,246.9046P.O.B. GROSS AREA: 2.746 ACRES (119,625 S.F.) NET AREA: 2.297 ACRES (100,063 S.F.) LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE L. NETHERLY SURVEY, ABSTRACT NO. 962, TOWN OF PROSPER, DENTON COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK A OF BLOCK A, LOT 1, AND BLOCK D, LOT 1, PROSPER CENTER, ACCORDING TO THE REVISED CONVEYANCE PLAT THEREOF RECORDED IN DOCUMENT NO. 2015-242 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND VOLUME 2015, PAGE 344 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” FOUND FOR THE SOUTHWEST CORNER OF A CALLED 2.923 ACRE TRACT OF LAND DEDICATED TO THE TOWN OF PROSPER, AS RECORDED IN DOCUMENT NO. 2016-241 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, COMMON TO THE SOUTHEAST CORNER OF A CALLED 4.494 ACRE TRACT OF LAND DEDICATED TO THE TOWN OF PROSPER, AS RECORDED IN SAID REVISED CONVEYANCE PLAT, SAME BEING IN THE CENTERLINE OF LEGACY DRIVE, A VARIABLE WIDTH RIGHT-OF-WAY; THENCE NORTH 49°22'13” WEST, DEPARTING THE CENTERLINE OF SAID LEGACY DRIVE, ALONG THE SOUTHWESTERLY LINE OF SAID 4.494 ACRE TRACT AND CROSSING SAID LEGACY DRIVE, A DISTANCE OF 70.00 FEET TO THE SOUTHWEST CORNER OF SAID 4.494 ACRE TRACT, BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE, AND ON THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1, THE FOLLOWING COURSES: NORTH 40°36'14” EAST, 162.89 FEET TO A POINT FOR CORNER; NORTH 44°24'25” EAST, 150.77 FEET TO A POINT FOR CORNER; NORTH 40°36'14” EAST, 155.89 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 49°23'46" WEST, DEPARTING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1, AND CROSSING SAID LOT 1, A DISTANCE OF 375.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” SET FOR CORNER; THENCE NORTH 40°36'14" EAST, CONTINUING ACROSS SAID LOT 1, A DISTANCE OF 275.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” SET FOR CORNER; THENCE SOUTH 49°23'46" EAST, CONTINUING ACROSS SAID LOT 1, A DISTANCE OF 375.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” SET FOR CORNER ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTH 40°36'14" WEST, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 275.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.367 ACRES (103,125 SQUARE FEET) OF LAND, MORE OR LESS. ENGINEER TRIANGLE ENGINEERING LLC 1333 McDERMOTT ROAD STE 200 ALLEN, TEXAS 75013 CONTACT:KARTAVYA PATEL TEL: (214) 609-9271 SURVEYOR KIMLEY HORN & ASSOCIATES, INC. 5750 GENESIS COURT, STE 200 FRISCO, TEXAS 75034 CONTCT: SYLVIANA GUNAWAN TEL: (972) 335-3580 FAX: (972) 335-3779 LEGEND 1 OWNER / APPLICANT SRKMR REAL ESTATE HOLDINGS 2 LLC 1333 McDERMOTT ROAD STE 200 ALLEN, TEXAS 75013 CONTACT:KARTAVYA PATEL TEL: (214) 609-9271 BOUNDARY LINE DATA LINE S 40°36'14" W 275.00'L1 L2 BEARING LENGTH L3 L4 N 49°23'46" W 435.00' N 40°36'14" E 275.00' S 49°23'46" E 435.00' FEMA NOTE 1.ACCORDING TO MAP NO. 48085C0230J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, AND MAP NO. 48121C0430G, 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 LOCATED WITHIN ZONE X (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. 2.NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY LITTLE WONDERS MONTESSORI SITE DEVELOPMENT 2.746 ACRES IN THE L. NETHERLY SURVEY ABSTRACT NO. 962 TOWN OF PROSPER, DENTON COUNTY, TEXAS T E TE TX PE FIRM #11525 T: 469.331.8566 F: 469.359.6709 E: kpatel@triangle-engr.com W: triangle-engr.com O: 1782 W. McDermott Drive, Allen, TX 75013 Planning Civil Engineering Construction Management EXHIBIT "A": SUP CASE NO. S22-0010 PROSPER CENTER ADDITION BLOCK A, LOT 1R 2.746 ACRES (119,625 S.F.) L. NETHERLY SURVEY ABSTRACT NO. 962 TOWN OF PROSPER DENTON COUNTY, TEXAS VICINITY MAP N.T.S FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E SITE LEGEND LEGEND L.B F.A.U.E W.E LANDSCAPE BUFFER FIRE LANE ACCESS & WATER EASEMENT UTILITY EASEMENT Page 145 Item 14. DRAINAGE EASEMENTDOC. NO. 2016-132795P.R.D.C.T.ATMOS ENEGRY CORP. EASEMENT(PART A)C.C.FILE NO. 2015-95283 R.P.R.D.C.T.EASEMENT PROPERTY(PART A)C.C. FILE NO. 2015-95282R.P.R.D.C.T.LEGACYDRIVEWESTWOODDRIVE24'18'17'9'8'22'R54'R20'R54'R30'R30'R54'L3L2L4108PROP.30'DRIVEWAY101.1'153.44'PROP.24'DRIVEWAY34.99'316.01'130.47'24'16'R30'R40'24'FAUE24'FAUEPROPOSED DAYCARE13,917 S.F.15' L.B.2' OH15' L.B.15' L.B.R30'435'120' R.O.W.60' R.O.W.9'10'81.9'R280'30' B.S.30' B.S.25'R280'R280'80' STORAGER280'100' TRANSITIONR30'121018'6'6'18'18'24'6'24'5'6'18'42'6'35'37'L1R30'R30'31'71.42'15.5'37'24'R15'R15'R10'76.27'139.93'16'R2'16'16'11'R2'R2'2' OH2' OH2' OH152.63'58.81'PROP. H.S.PROP. H.S.PROP.H.S.62'15' L.B.30' B.S.139.93'81.9'FDCPROP.15' W.E.FH4.5'HILLS AT LEGACY PHASE 1BLOCK AOWNER: MERITAGE HOMES OF TEXAS LLCZONING: PD-65LAND USE: SINGLE FAMILY RESIDENTIAL50.5'13'15'10'W.E.PROP. 25' LANDSCAPE /PEDESTRIAN ACCESSEASEMENT10'25'LOT 1R, BLOCK A, PROSPER CITYCENTERSRKMR REAL ESTATE HOLDINGS 2 LLCLAND USE: VACANTFUTURE LAND USE PLAN: MEDIUMDENSITY RESIDENTIALLOT 6, BLOCK A, PROSPER CENTEROWNER: TOWN OF PROSPERZONING: PD-65LAND USE: VACANTFUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIALBLOCK LBLOCK KLOT 8BLOCK KLOT 9BLOCK KLOT 10BLOCK KLOT 11BLOCK KLOT 7BLOCK JLOT 45BLOCK JLOT 44BLOCK JLOT 43BLOCK JLOT 42LOT 9, BLOCK A, PROSPER CENTER940 S LEGACY DRIVEOWNER: ORL III LLCLAND USE: MEDICALFUTURE LAND USE PLAN: MEDIUMDENSITY RESIDENTIALPARKS AT LEGACY, PHASE IVOWNER: PROSPER PARTNERS L.P.ZONING: PD-65LAND USE: RESIDENTIALFUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIALPROP. STREETEASEMENT10'X10'W.E.10' W.E.FHFH4.5'4'4.5'4.5'P.O.B.N=7,133,130.9472E=2,475,246.9046P.O.B.GROSS AREA: 2.746 ACRES (119,625 S.F.)NET AREA: 2.297 ACRES (100,063 S.F.)6' SIDEWALK6' SIDEWALK6' SIDEWALKPLAYGROUND AREAREQUIRED: 12,740 S.F.PROVIDED: 13,264 S.F.EX.B.F.R.PROP. 6' HIGH BRICK AND /OR STONESCREENING WALL FOR TRASH ENCLOSUREW/METAL GATES. (NOTE: METAL GATESAREA TO BE EQUAL IN HEIGHT WITH THEENCLOSURE). MATERIALS TO MATCH WITHBUILDING EXTERIOREX. 6' HIGH.BRICK MASONRY FENCEPROP.B.F.R.5 '10' HIKE/BIKE TRAIL10'HIKE/BIKETRAILPROP.B.F.R.PROP.FIREHYDRANTPROP. 6' HIGHWROUGHT IRON FENCEW/METAL GATESAROUND PLAY GROUNDPROPOSED 6' HIGHMETAL GATESSWLEGENDW.E.WATERLINE EASEMENTLEGENDSANITARY SEWER EASEMNETDRAINAGE EASEMENTS.E.D.E.GRGAS RISERB.S.BUILDING SETBACKL.B.LANDSCAPE BUFFERPROPOSED 24' WIDE FIRE LANE2C.O.6''SS8''WSITE DATA SUMMARY TABLEZONINGPROPOSED USE LOT COVERAGEFLOOR AREA RATIOMAX. BUILDING HEIGHT (FEET/ STORY)LANDSCAPING REQUIREDIMPERVIOUS COVERAGEPARKING REQUIREMENTSBUILDINGALPHA MONTESSORI SCHOOL"PD-65" DAYCARE2.746 ACRES (119,625 S.F.)TOTAL BUILDING AREA13,917 S.F.11.63%0.11:630'-10.5" / ONE STORY15 S.F. x 44 SPACES (660 S.F.)PARKING REQUIRED40 (196 STUDENTS & 20 STAFF)TOTAL PARKING REQUIRED 40TOTAL PARKING PROVIDED 44HANDICAP PARKING REQUIRED PER ADA2O.H.OVERHANGB.F.R.BARRIER FREE RAMPSFEMA NOTES1.ACCORDING TO MAP NO. 48085C0230J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, AND MAP NO.48121C0430G, DATED APRIL 18, 2011 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF DENTON COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENTAGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS LOCATED WITHIN ZONE X (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.2.NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY.BOUNDARY LINE DATALINES 40°36'14" W275.00'L1L2BEARINGLENGTHL3L4N 49°23'46" W435.00'N 40°36'14" E275.00'S 49°23'46" E435.00'51,949 S.F. (43.42 % )67,364 S.F. (56.58 % )ENGINEERTRIANGLE ENGINEERING LLC1782 W. McDERMOTT DRIVEALLEN, TEXAS 75013CONTACT: KARTAVYA PATEL, P.E.PHONE: (214) 609-9271SURVEYORKIMLEY HORN & ASSOCIATES, INC.5750 GENESIS COURT, STE 200FRISCO, TEXAS 75034CONTCT: SYLVIANA GUNAWANPHONE: (972) 335-3580FAX: (972) 335-3779OWNER/APPLICANTSRKMR REAL ESTATE HOLDINGS 2 LLC1782 W. McDERMOTT DRIVEALLEN, TEXAS 75013CONTACT: KARTAVYA PATELPHONE: (214) 609-9271HANDICAP PARKING PROVIDED 2LOT AREA(1 PER 10 STUDENTS & 1 PER STAFF)PERCENTAGE OF OPEN SPACE PROVIDEDLITTLE WONDERS MONTESSORI SITE DEVELOPMENT2.746 ACRES IN THE L. NETHERLY SURVEY ABSTRACT NO. 962TOWN OF PROSPER, DENTON COUNTY, TEXASTETETX PE FIRM #11525T: 469.331.8566F: 469.359.6709E: kpatel@triangle-engr.comW: triangle-engr.comO: 1782 W. McDermott Drive, Allen, TX 75013Planning Civil Engineering Construction ManagementEXHIBIT "B": SUP CASE NO. S22-0010PROSPER CENTER ADDITIONBLOCK A, LOT 1R2.746 ACRES 119,625 S.F.L. NETHERLY SURVEYABSTRACT NO. 962TOWN OF PROSPERDENTON COUNTY, TEXASVICINITY MAPN.T.SFRISCOPROSPER380COUNTYLINE ROADDALLAS NORTH TOLLWAYFISHTRAP1ST TEEL PKWYLEGACYPRAIRIESITEH.S.PROPOSED HEADLIGHT SCREENINGTOWN OF PROSPER SITE PLAN GENERAL NOTES1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED INACCORDANCE WITH THE ZONING ORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED INACCORDANCE WITH THE ZONING ORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARESTANDARDS CONTAINED WITHIN THE ZONING ORDINANCE ANDSUBDIVISION ORDINANCE.4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BYTHE TOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINEDWITHIN THE ZONING ORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRESPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BEAPPROVED BY THE FIRE DEPARTMENT.7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWNSTANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTYAT ALL TIMES.9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALLCONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) ANDWITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDINGCODE.11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITEPLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDINGOFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVEDFAÇADE PLAN.14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONGTHOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONGRESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURBCROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERINGPLANS 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/ORRELOCATED UNDERGROUND.18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHERTYPE OF EASEMENT.20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LANDUSE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARYTABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THETIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONALIMPACT FEES AND/OR PARKING REQUIREMENTS21.THE APPROVAL OF SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OFEIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THEPLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THEAPPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OFENGINEERING PLANS AND BUILDING PERMITS. IF ENGINEERING PLANSAND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLANAPPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THEPROPERTY, IS NULL AND VOID.Page 146Item 14. FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT TRUSS BEARING HT 10'-10" 28'-0" CANOPY SOFFIT 10'-2-3/4" TOP OF PARAPET 15'-8" ROOF HEIGHT 25'-11" FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT 28'-0" TOP OF PARAPET 15'-8" CANOPY SOFFIT 10'-2-3/4" TOP OF PARAPET 15'-8" MAXIMUM HEIGHT 28'-0" FIN. FL. LVL. 0'-0" FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT TOP OF PARAPET 15'-8" CANOPY SOFFIT 10'-2-3/4" TRUSS BEARING HT 10'-10" FIN. FL. LVL. 0'-0" 28'-0" ROOF HEIGHT 25'-11" FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT 28'-0" CANOPY SOFFIT 10'-2-3/4" ROOF HEIGHT 25'-11" ARCHITECT RASHMI C INCORPORATED CONTACT: RASHMINDER CHANDEL PH. NO. (817) 891-7918 EMAIL: rashmi@rashmic.com CIVIL ENGINEER TRIANGLE ENGINEERING LLC. CONTACT: KARTAVYA (KEVIN) PATEL PH. NO. (469)213-1707 EMAIL: KPATEL@TRIANGLE-ENGR.COM A T TS XETEFO SARASHMIN D ER C H ANDEL204 7 8REGISTERED ARC H I TECT10/12 / 2 0 2 2 LITTLE WONDERS MONTESSORI PROSPER CENTER ADDITION BLOCK A, LOT 1R1, 2.297 ACRES (100,063 S.F.) L. NETHERLY SURVEY, ABSTRACT NO. 962 TOWN OF PROSPER DENTON COUNTY, TEXAS DATE PREPARED: 10/12/2022 CASE # ----- OWNER/APPLICANT SRKMR REAL ESTATE HOLDINGS 2 LLC 1333 McDERMOTT ROAD STE 200 ALLEN, TEXAS 75013 CONTACT:KARTAVYA PATEL TEL: (214) 609-9271 SURVEYOR KIMLEY HORN & ASSOCIATES, INC. 5750 GENESIS COURT, STE 200 FRISCO, TEXAS 75034 CONTCT: SYLVIANA GUNAWAN TEL: (972) 335-3580 FAX: (972) 335-3779 Page 147 Item 14. EASEMENT PROPERTY(PART A)C.C. FILE NO. 2015-95282R.P.R.D.C.T.LEGACYDRIVEWESTWOODDRIVEL3L2L410824'FAUE24'FAUEPROPOSED DAYCARE13,268 S.F.15' L.B.15' L.B.15' L.B.430' B.S.30' B.S.AREA: 2.297 ACRES (100,063 S.F)R.O.W. DEDICATION: 0.07ACRES (3,062 S.F)1210L1PROP. H.S.PROP. H.S.PROP.H.S.15' L.B.30' B.S.WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWFDCWW W W W W W W PROP.15' W.E.FHWWWWWWWWWWWWWWWWWWWW10'W.E.PROP. 25' LANDSCAPE /XXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X XXX X XXXXXXXXXXXXXXXXXXXXXXXXXLOT 1R, BLOCK A, PROSPER CITYCENTERSRKMR REAL ESTATE HOLDINGS 2 LLCLAND USE: VACANTFUTURE LAND USE PLAN: MEDIUMDENSITY RESIDENTIALFUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIALPROP. STREETEASEMENT10'X10'W.E.10' W.E.FHFHCE1NPH32LO8NPH72CE1CE1CE1NRS18CE1LO1LO2AE3MIS73SOLID SODBERMUDA GRASSTYPICAL FOR ALLTURF AREASSOLID SOD BERMUDA GRASSTYPICAL FOR ALL TURF AREASSOLID SOD BERMUDA GRASSTYPICAL FOR ALL TURF AREASSOLID SODBERMUDA GRASSPER THE TOWN OFPROSPER STANDARDS6" OF TOP SOILREQUIRED IN R.O.W.SOLID SODBERMUDA GRASSPER THE TOWN OFPROSPER STANDARDS6" OF TOP SOILREQUIRED IN R.O.W.AE3LO3CE2AE5LO3NPH181CE1LO2CE1DYH21DYH7IH8SC120IH9DYH10DYH11SC80IH17LO1410' TRAILMASONRY SCREEN WALLLANDSCAPE ARCHITECTSTUDIO GREEN SPOT, INC.CHRIS TRONZANO(469) 369-4448CHRIS@STUDIOGREENSPOT.COMSOLID SOD NOTESLANDSCAPE NOTES1FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED.LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL DESIRED GRADE IN PLANTING AREAS AND 1" BELOW FINAL GRADE IN TURFAREAS.2.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROMBUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOMOF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND.3.ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TOCOORDINATE OPERATIONS WITH ON-SITE CONSTRUCTION MANAGER.4.CONTRACTOR TO COORDINATE WITH ON-SITE CONSTRUCTIONMANAGER FOR AVAILABILITY OF EXISTING TOPSOIL.5.PLANT SOD BY HAND TO COVER INDICATED AREA COMPLETELY.INSURE EDGES OF SOD ARE TOUCHING. TOP DRESS JOINTS BYHAND WITH TOPSOIL TO FILL VOIDS.6.ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE, FREEFROM UNNATURAL UNDULATIONS.7.WATER SOD THOROUGHLY AS SOD OPERATION PROGRESSES.8.CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUT NOT LIMITED TO: MOWING, WATERING, WEEDING, CULTIVATING, CLEANING AND REPLACING DEAD OR BARE AREAS TO KEEP PLANTS IN A VIGOROUS, HEALTHY CONDITION.9.CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF AN ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT FROM LOCAL SUPPLY IF NECESSARY.10.IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1 AND MARCH 1,ALL SOD AREAS TO BE OVER-SEEDED WITH WINTER RYEGRASS, ATA RATE OF (4) POUNDS PER ONE THOUSAND (1000) SQUARE FEET.1.CONTRACTOR SHALL VERIFY ALL EXISTING AND PROPOSED SITEELEMENTS AND NOTIFY ARCHITECT OF ANY DISCREPANCIES.SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS.2.CONTRACTOR SHALL LOCATE ALL EXISTING UNDERGROUNDUTILITIES AND NOTIFY ARCHITECT OF ANY CONFLICTS.CONTRACTOR SHALL EXERCISE CAUTION WHEN WORKING IN THEVICINITY OF UNDERGROUND UTILITIES.3.CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIREDLANDSCAPE AND IRRIGATION PERMITS.150306001 LANDSCAPE PLANSCALE 1"=30'-0"BOTANICAL NAMEUlmus parvifolia 'Elmer II'Ulmus crassifoliaQuercus virginianaCOMMON NAMEAllee ElmCedar ElmLive OakSIZE3" cal.3" cal.3" cal.PLANT MATERIAL SCHEDULEREMARKScontainer, 13' ht., 6' spread, 5' clear trunkB&B, 13' ht., 5' spread min., 5' clear trunkcontainer, 13' ht., 6' spread, 5' clear trunkQTY11933TREESSHRUBSGROUNDCOVERSBOTANICAL NAMECynodon dactylon '419'COMMON NAMESeasonal Color'419' BermudagrassSIZE4" potsREMARKSselection by owner, container, 12" o.c.Solid Sod refer to notesTYPEAECELOQTY200TYPESCBOTANICAL NAMEIlex vomitoria 'nana'Rhapiolepis indica 'Clara'Miscanthus sinensus 'Adagio'Ilex cornuta "Needlepoint'Ilex x 'Nellie R. Stevens'COMMON NAMEDwarf Yaupon HollyIndian Hawthorn 'Clara'Adagio MiscanthusNeedlepoint HollyNellie R. Stevens HollySIZE5 gal.5 gal.5 gal.5 gal.7 gal.REMARKScontainer 18" ht, 18" spreadcontainer, 18" ht., 18" spreadcontainer full, well rootedcontainer, 24" ht., 20" spreadcontainer, 30" ht., 24" spreadQTY.49347328518TYPEDYHIHMISNPHNRSNOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heights and spreads are minimums. All plantmaterial shall meet or exceed remarks as indicated. All trees to have straight trunks and be matchingwithin varieties.LANDSCAPE TABULATIONSPERIMETER LANDSCAPE REQUIREMENTS Requirements: 25' landscape buffer along right-of -way. (1) large tree, 3" cal. minimum and (15) shrubs, 5 gallon minimum per 30 l.f.Legacy Drive(250 l.f.) Required (9) large trees (125) shrubsWestwood Drive (375 l.f.) Required (13) large trees (188) shrubs Requirements: (1) small tree and (1) 5 gallon shurb per 15 l.f.. Trees and shrubs may be clustered.Perimeter (645 l.f.) Required (22) large canopy trees (43) shrubsINTERIOR PARKING REQUIREMENTS Requiements: 15 s.f. of landscape for each parking space within the parking lot area. (1) large tree, 3" cal. per parking lot island and at the terminus.54 Parking spaces Required 810 s.f of landscape area (9) large treeProvided (9) large trees(141) shrubs Provided (13) large trees (191) shrubs Provided (22) large canopy trees(43) shrubsProvided1,498 s.f. of landscape area (9) large treesTHE OWNER, TENANT AND / OR THEIR AGENT, IF ANY, SHALL BE JOINTLY ANDSEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPINGREQUIRED BY THE TOWN OF PROPER LANDSCAPE ORDINANCE. ALL PLANTMATERIAL SHALL BE PERPETUALLY MAINTAINER IN A HEALTHY AND GROWINGCONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANTMATERIAL THAT DIES SHALL BE REPLACED BY THE PROPERTY OWNER, TENANTOF AGENT WITH PLANT MATERIAL OF SIMILAR VARIETY AND SIZE, WITHINTHIRTY (30) DAYS OF NOTIFICATION BY THE TOWN OR A DATE APPROVED BYTHE TOWN.MAINTENANCE NOTESNO LARGE CANOPY TREES SHALL BE BE PLANTER CLOSER THAN 4 FEETTO ANY CURB, SIDEWALK, UTILITY LINE, SCREEN WALL OR STRUCTURETOWN OF PROSPER STANDARD NOTESTEVICINITY MAPN.T.SFRISCOPROSPER380COUNTYLINE ROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPRAIRIESITE BOUNDARY LINE DATALINES 40°36'14" W275.00'L1L2BEARINGLENGTHL3L4N 49°23'46" W370.00'N 40°36'14" E275.00'N 49°23'46" E370.00'4.CONTRACTOR TO PROVIDE A MINIMUM 2% SLOPE AWAY FROM ALLSTRUCTURES.5.ALL PLANTING BEDS AND LAWN AREAS TO BE SEPARATED BY STEELEDGING. NO STEEL TO BE INSTALLED ADJACENT TO SIDEWALKS ORCURBS.6.ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH ANUNDERGROUND AUTOMATIC IRRIGATION SYSTEM AND SHALLINCLUDE RAIN AND FREEZE SENSORS.7.ALL LAWN AREAS TO BE SOLID SOD BERMUDAGRASS, UNLESSOTHERWISE NOTED ON THE DRAWINGS.ENGINEERTRIANGLE ENGINEERING LLC1784 W McDERMOTT ROAD STE 110ALLEN, TEXAS 75013CONTACT:KARTAVYA PATELTEL: (214) 609-9271SURVEYORKIMLEY HORN & ASSOCIATES, INC.5750 GENESIS COURT, STE 200FRISCO, TEXAS 75034CONTCT: SYLVIANA GUNAWANTEL: (972) 335-3580FAX: (972) 335-3779OWNER/APPLICANTSRKMR REAL ESTATE HOLDINGS 2 LLC1784 W McDERMOTT ROAD STE 110ALLEN, TEXAS 75013CONTACT:KARTAVYA PATELTEL: (214) 609-9271SITE DATA SUMMARY TABLEZONINGPROPOSED USE GROSS LOT AREALOT COVERAGEFLOOR AREA RATIOMAX. BUILDING HEIGHT (FEET/ STORY)LANDSCAPING REQUIREDIMPERVIOUS COVERAGEPARKING REQUIREMENTSBUILDINGALPHA MONTESSORI SCHOOL"PD-65" DAYCARE2.367 ACRES (103,125 S.F.)2.297 ACRES (100,063 S.F.)TOTAL BUILDING AREA10,273 S.F.13.28%0.13:130'-10.5" / ONE STORY15 S.F.X 55 SPACE (825 S.F.)PARKING REQUIRED39 (186 STUDENTS & 20 STAFF)TOTAL PARKING REQUIRED 39TOTAL PARKING PROVIDED 55HANDICAP PARKING REQUIRED PER ADA342,209 S.F. (42.18 % )57,854 S.F. (57.82 % )HANDICAP PARKING PROVIDED 3NET LOT AREA(1 PER 10 STUDENTS & 1 PER STAFF)PERCENTAGE OF OPEN SPACE PROVIDEDCH R I STRONZANOSTATEOFTEX A S TCETHIRCAEPACSDNALDE E GEISR RT 220410.31.2022TX PE FIRM #11525T: 214.609.9271F: 469.359.6709E: kpatel@triangle-engr.comW: triangle-engr.comO: 1333 McDermott Drive, Suite 200, Allen, TX 75013Planning Civil Engineering Construction ManagementL.1PROSPER CENTER ADDITIONBLOCK A, LOT 1R2.367 ACRES 103,125 S.F.L. NETHERLY SURVEYABSTRACT NO. 962TOWN OF PROSPERDENTON COUNTY, TEXASCASE #S22-xxxxALPHA MONTESSORI SCHOOL SITE DEVELOPMENT2.367 ACRES IN THE L. NETHERLY SURVEY ABSTRACT NO. 962TOWN OF PROSPER, DENTON COUNTY, TEXASLANDSCAPE PLANCASE #S22-0010Page 148Item 14. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Development Agreement Legacy Drive Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Srkmer Real Estate Holding 2 LLC, and the Town of Prosper, Texas, related to the Prosper Center development, located on the north side of Prairie Drive, west of Legacy Drive. Description of Agenda Item: On January 24, 2023, the Town Council approved the proposed request, by a vote of 7-0. A Development Agreement has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attachments: 1. Development Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Srkmer Real Estate Holding 2 LLC, and the Town of Prosper, Texas, related to the Prosper Center development, located on the north side of Prairie Drive, west of Legacy Drive. Proposed Motion: I move to authorize the Town Manager to execute a Development Agreement between Srkmer Real Estate Holding 2 LLC, and the Town of Prosper, Texas, related to the Prosper Center development, located on the north side of Prairie Drive, west of Legacy Drive. Prosper is a place where everyone matters. PLANNING Page 149 Item 15. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Srkmr Real Estate Holdings 2 LLC, a Texas limited liability corporation (“Owner”) (individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Owner is developing a Montessori school in the Town (the “Development”) on that certain 2.297-acre tract of land generally located in the northwest quadrant of Prairie Drive and Legacy Drive (the “Property”), which is more specifically described on Exhibit A attached hereto and incorporated by reference; and WHEREAS, the foregoing Property was rezoned by the Town Council on or about January 24, 2023, when the Town Council approved a specific use permit for the Property, incorporating the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Owner’s reasonable investment-backed expectations in the Development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1.Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, elevations for the structure(s) located on the Property, attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed on the Property subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2.Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of Owner and his heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by Owner and his heirs, representatives, successors and assigns, or any other owners of any portion(s) of the Property, regardless of whether this Agreement is expressly referenced therein. Page 150 Item 15. 2 3.Applicability of Town Ordinances. Owner shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 4.Rough Proportionality. Owner hereby agrees that any portion of the Property Owner donates and/or dedicates to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as may be reflected in any Final Plat), relative to any development on the Property is roughly proportional to the need for the Property and the Development, and Owner hereby waives any claim therefor that it may have. Owner further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the Development. Both Owner and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 5.Exactions/Infrastructure Costs. Both the Town and Owner have been represented by legal counsel in the negotiation of this Agreement and been advised or each has had the opportunity to have legal counsel review this Agreement and advise them, regarding Owner’s and the Town’s rights under Texas and federal law. Owner and the Town hereby waive any requirement that the other retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Owner specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code and any exemptions from impact fees under current or future law; however, notwithstanding the foregoing and to the extent permitted by law, Owner hereby releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. 6.Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages. Page 151 Item 15. 3 7.Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Denton County, Texas. 8.Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town:The Town of Prosper 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Manager If to Owner:Srkmr Real Estate Holdings 2 LLC 1782 W. McDermott Drive Allen, Texas 75013 Attention: Kartavya Patel 9.Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 10. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 11. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 12. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 13. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to Page 152 Item 15. 4 execute this Agreement and bind the Town to the same. Owner warrants and represents that the individual executing this Agreement on behalf of Owner has full authority to execute this Agreement and bind Owner to the same. The Town Council hereby authorizes the Mayor of the Town to execute this Agreement on behalf of the Town. 14. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Denton County, Texas. 15. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 16. Notification of Sale or Transfer; Assignment of Agreement.Except with respect to a sale or transfer to a related entity of Owner, Owner shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Owner has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an “Assignee”) that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement. Except with respect to a sale or transfer to a related entity of Owner, a copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor owner assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement and/or the building has been constructed on the Property as provided in this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon such transfer. No assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment. Owner shall maintain true and correct copies of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 17. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 18. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the Page 153 Item 15. 5 maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. 21. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor owner of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 22. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. Page 154 Item 15. 6 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of February, 2023, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 155 Item 15. Page 156 Item 15. DRAINAGE EASEMENT DOC. NO. 2016-132795 P.R.D.C.T. EASEMENT PROPERTY (PART A) C.C. FILE NO. 2015-95282 R.P.R.D.C.T. LEGACY DRIVE 60' R.O.W. 49.4' L3 L2L4L1 IRSC IRSC 5/8" IRFC "KHA" SPEARGRASS LN SCARLET DR24'FAUE24' FAUE PROP. 15' W.E. PROP. STREET EASEMENT LOT 9, BLOCK A, PROSPER CENTER 940 S LEGACY DRIVE OWNER: ORL III LLC LAND USE: MEDICAL FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL LOT 1R, BLOCK A, PROSPER CITY CENTER SRKMR REAL ESTATE HOLDINGS 2 LLC LAND USE: VACANT FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL LOT 6, BLOCK A, PROSPER CENTER OWNER: TOWN OF PROSPER ZONING: PD-65 LAND USE: VACANT FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL HILLS AT LEGACY PHASE 1 BLOCK A OWNER: MERITAGE HOMES OF TEXAS LLC ZONING: PD-65 LAND USE: SINGLE FAMILY RESIDENTIAL PROP. 10' W.E. PROP. 25' LANDSCAPE/ PEDESTRIAN ACCESS EASEMENT PARKS AT LEGACY, PHASE IV OWNER: PROSPER PARTNERS L.P. ZONING: PD-65 LAND USE: RESIDENTIAL FUTURE LAND USE PLAN: MEDIUM DENSITY RESIDENTIAL BLOCK L BLOCK K LOT 8 BLOCK K LOT 9 BLOCK K LOT 10 BLOCK K LOT 11 BLOCK K LOT 5 BLOCK K LOT 6 BLOCK K LOT 7 BLOCK J LOT 45 BLOCK J LOT 44 BLOCK J LOT 43 BLOCK J LOT 42 BLOCK J LOT 41 WESTWOODDRIVEWO O D V A L E DRI V E ZILKERPARKWAYP.O.B. N=7,133,130.9472 E=2,475,246.9046P.O.B. GROSS AREA: 2.746 ACRES (119,625 S.F.) NET AREA: 2.297 ACRES (100,063 S.F.) LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE L. NETHERLY SURVEY, ABSTRACT NO. 962, TOWN OF PROSPER, DENTON COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK A OF BLOCK A, LOT 1, AND BLOCK D, LOT 1, PROSPER CENTER, ACCORDING TO THE REVISED CONVEYANCE PLAT THEREOF RECORDED IN DOCUMENT NO. 2015-242 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND VOLUME 2015, PAGE 344 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” FOUND FOR THE SOUTHWEST CORNER OF A CALLED 2.923 ACRE TRACT OF LAND DEDICATED TO THE TOWN OF PROSPER, AS RECORDED IN DOCUMENT NO. 2016-241 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, COMMON TO THE SOUTHEAST CORNER OF A CALLED 4.494 ACRE TRACT OF LAND DEDICATED TO THE TOWN OF PROSPER, AS RECORDED IN SAID REVISED CONVEYANCE PLAT, SAME BEING IN THE CENTERLINE OF LEGACY DRIVE, A VARIABLE WIDTH RIGHT-OF-WAY; THENCE NORTH 49°22'13” WEST, DEPARTING THE CENTERLINE OF SAID LEGACY DRIVE, ALONG THE SOUTHWESTERLY LINE OF SAID 4.494 ACRE TRACT AND CROSSING SAID LEGACY DRIVE, A DISTANCE OF 70.00 FEET TO THE SOUTHWEST CORNER OF SAID 4.494 ACRE TRACT, BEING ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE, AND ON THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1, THE FOLLOWING COURSES: NORTH 40°36'14” EAST, 162.89 FEET TO A POINT FOR CORNER; NORTH 44°24'25” EAST, 150.77 FEET TO A POINT FOR CORNER; NORTH 40°36'14” EAST, 155.89 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 49°23'46" WEST, DEPARTING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1, AND CROSSING SAID LOT 1, A DISTANCE OF 375.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” SET FOR CORNER; THENCE NORTH 40°36'14" EAST, CONTINUING ACROSS SAID LOT 1, A DISTANCE OF 275.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” SET FOR CORNER; THENCE SOUTH 49°23'46" EAST, CONTINUING ACROSS SAID LOT 1, A DISTANCE OF 375.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED “KHA” SET FOR CORNER ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTH 40°36'14" WEST, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID LEGACY DRIVE AND THE SOUTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 275.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.367 ACRES (103,125 SQUARE FEET) OF LAND, MORE OR LESS. ENGINEER TRIANGLE ENGINEERING LLC 1333 McDERMOTT ROAD STE 200 ALLEN, TEXAS 75013 CONTACT:KARTAVYA PATEL TEL: (214) 609-9271 SURVEYOR KIMLEY HORN & ASSOCIATES, INC. 5750 GENESIS COURT, STE 200 FRISCO, TEXAS 75034 CONTCT: SYLVIANA GUNAWAN TEL: (972) 335-3580 FAX: (972) 335-3779 LEGEND 1 OWNER / APPLICANT SRKMR REAL ESTATE HOLDINGS 2 LLC 1333 McDERMOTT ROAD STE 200 ALLEN, TEXAS 75013 CONTACT:KARTAVYA PATEL TEL: (214) 609-9271 BOUNDARY LINE DATA LINE S 40°36'14" W 275.00'L1 L2 BEARING LENGTH L3 L4 N 49°23'46" W 435.00' N 40°36'14" E 275.00' S 49°23'46" E 435.00' FEMA NOTE 1.ACCORDING TO MAP NO. 48085C0230J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, AND MAP NO. 48121C0430G, 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 LOCATED WITHIN ZONE X (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. 2.NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY LITTLE WONDERS MONTESSORI SITE DEVELOPMENT 2.746 ACRES IN THE L. NETHERLY SURVEY ABSTRACT NO. 962 TOWN OF PROSPER, DENTON COUNTY, TEXAS T E TE TX PE FIRM #11525 T: 469.331.8566 F: 469.359.6709 E: kpatel@triangle-engr.com W: triangle-engr.com O: 1782 W. McDermott Drive, Allen, TX 75013 Planning Civil Engineering Construction Management EXHIBIT "A": SUP CASE NO. S22-0010 PROSPER CENTER ADDITION BLOCK A, LOT 1R 2.746 ACRES (119,625 S.F.) L. NETHERLY SURVEY ABSTRACT NO. 962 TOWN OF PROSPER DENTON COUNTY, TEXAS VICINITY MAP N.T.S FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E SITE LEGEND LEGEND L.B F.A.U.E W.E LANDSCAPE BUFFER FIRE LANE ACCESS & WATER EASEMENT UTILITY EASEMENT Page 157Item 15. FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT TRUSS BEARING HT 10'-10" 28'-0" CANOPY SOFFIT 10'-2-3/4" TOP OF PARAPET 15'-8" ROOF HEIGHT 25'-11" FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT 28'-0" TOP OF PARAPET 15'-8" CANOPY SOFFIT 10'-2-3/4" TOP OF PARAPET 15'-8" MAXIMUM HEIGHT 28'-0" FIN. FL. LVL. 0'-0" FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT TOP OF PARAPET 15'-8" CANOPY SOFFIT 10'-2-3/4" TRUSS BEARING HT 10'-10" FIN. FL. LVL. 0'-0" 28'-0" ROOF HEIGHT 25'-11" FIN. FL. LVL. 0'-0" MAXIMUM HEIGHT 28'-0" CANOPY SOFFIT 10'-2-3/4" ROOF HEIGHT 25'-11" ARCHITECT RASHMI C INCORPORATED CONTACT: RASHMINDER CHANDEL PH. NO. (817) 891-7918 EMAIL: rashmi@rashmic.com CIVIL ENGINEER TRIANGLE ENGINEERING LLC. CONTACT: KARTAVYA (KEVIN) PATEL PH. NO. (469)213-1707 EMAIL: KPATEL@TRIANGLE-ENGR.COM A T TS XETEFO SARASHMIN D ER C H ANDEL204 7 8REGISTERED ARC H I TECT10/12 / 2 0 2 2 LITTLE WONDERS MONTESSORI PROSPER CENTER ADDITION BLOCK A, LOT 1R1, 2.297 ACRES (100,063 S.F.) L. NETHERLY SURVEY, ABSTRACT NO. 962 TOWN OF PROSPER DENTON COUNTY, TEXAS DATE PREPARED: 10/12/2022 CASE # ----- OWNER/APPLICANT SRKMR REAL ESTATE HOLDINGS 2 LLC 1333 McDERMOTT ROAD STE 200 ALLEN, TEXAS 75013 CONTACT:KARTAVYA PATEL TEL: (214) 609-9271 SURVEYOR KIMLEY HORN & ASSOCIATES, INC. 5750 GENESIS COURT, STE 200 FRISCO, TEXAS 75034 CONTCT: SYLVIANA GUNAWAN TEL: (972) 335-3580 FAX: (972) 335-3779Page 158Item 15. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: SUP Wireless Communications Structure Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon an ordinance for a Specific Use Permit for a new Wireless Communications and Support Structure, on .05± acre, located on the north side of Prosper Trail, west of Legacy Drive. (S22-0011) Description of Agenda Item: On January 24, 2023, the Town Council approved the proposed request, by a vote of 7-0. A zoning ordinance has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attachments: 1. Ordinance 2. Ordinance Exhibit Town Staff Recommendation: Town Staff recommends approval of an ordinance for a Specific Use Permit for a new Wireless Communications and Support Structure, on .05± acre, located on the north side of Prosper Trail, west of Legacy Drive. (S22-0011) Proposed Motion: I move to approve an ordinance for a Specific Use Permit for a new Wireless Communications and Support Structure, on .05± acre, located on the north side of Prosper Trail, west of Legacy Drive. (S22-0011) Prosper is a place where everyone matters. PLANNING Page 159 Item 16. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT 45 (SUP-45) FOR A WIRELESS COMMUNICATION AND SUPPORT STRUCTURE, LOCATED ON A TRACT OF LAND CONSISTING 0.0574 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Sara Sangani (“Applicant”), to rezone 0.0574 acre of land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated 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, Public Hearings have been held, and all other requirements of notice and completion of such 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 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended as follows: The zoning designation of the below described property containing 0.0574 acres of land, more or less, in the Collin County School Land Survey, 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 zoned as Downtown Office (DTO) and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 160 Item 16. Ordinance No. 2023-__, Page 2 All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Page 161 Item 16. Ordinance No. 2023-__, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF FEBRUARY, 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 162 Item 16. 624.0'624.0'626.0'626.0'627.0'628.0'617.0'618.0'618.0'618.0'619.0'619.0'621.0'621.0'622.0'623.0'624.0'626.0'619.1' 619.8'617.0' 617.5' L1L2L3L4L5 L7L8L9L10 L11LINE TABLELINE #L1L2L3L4L5L6DISTANCE30.01'734.41'38.24'50.00'25.00'3.00'BEARINGS00° 10' 48"ES88° 58' 10"WS51° 59' 52"WN01° 01' 50"WS88° 58' 10"WN01° 01' 50"WLINE TABLELINE #L7L8L9L10L11DISTANCE790.59'50.00'50.00'50.00'50.00'BEARINGN88° 58' 10"ES01° 01' 50"ES88° 58' 10"WN01° 01' 50"WN88° 58' 10"ESITE EXHIBIT AND DESCRIPTIONEX. HIGH BANKLESSEE EASEMENTEX. PROPERTY LINEEX. EASEMENTEX. RANCH FENCEEX. UTILITY POLELESSEE LEASE AREAEX. WROUGHT IRON FENCELEGENDEX. TELCO PEDESTALEX. PLANTEREX. MANHOLEEX. OH POWER LINESSCALE: 1" = 70'70'035'70'GRAPHIC SCALEABBREVIATIONSAMSLB.L.B.W.C.L.D.E.D.R.D.C.T.EX.FNI.P.I.R.P.R.C.C.T.POBPOCO.H.STM.S.E.S.S.E.TYPU.E.W.L.E.AVERAGE MEAN SEA LEVELBUILDING LINEBARBED WIRECHAINLINKDRAINAGE EASEMENTDEED RECORDS OF DENTON COUNTY, TEXASEXISTINGFILE NUMBERIRON PIPEIRON RODPLAT RECORDS OF COLLIN COUNTY, TEXASPOINT OF BEGINNINGPOINT OF COMMENCEMENTOVERHEADSTORM SEWER EASEMENTSANITARY SEWER EASEMENTTYPICALUTILITY EASEMENTWATER LINE EASEMENTHELENE F. LECOANET, RPLSTEXAS REGISTRATION NO. 65671 OF 2SURVEY NOT VALIDWITHOUT ALL SHEETS50' X 50' LEASE AREA(RIGHTS TO BE ACQUIRED)NON-EXCLUSIVE VARIABLE WIDTHACCESS, UTILITY & FIBER EASEMENT (RIGHTS TO BE ACQUIRED)FAA 1A INFORMATIONLATITUDELONGITUDEELEVATION33.249453°-96.840765°626.0' AMSLLEGACY STORAGE CENTER, LLCFN 2007-139928D.R.D.C.T.COUNTY ROAD 6 - NORTH LEGACY DRIVE HELENE F. LECOANET, RPLSTEXAS REGISTRATION NO. 6567I HEREBY CERTIFY TOANTHEMNET, INC. THAT THISSURVEY WAS MADE BY ME, ORUNDER MY DIRECT SUPERVISION,ON THE GROUND OF THE LEASEAREA, AND ASSOCIATEDEASEMENT PREMISES HEREINDESCRIBED, AND THE RESULTS OFSAID SURVEY ARE REPRESENTEDHEREON TO THE BEST OF MYPROFESSIONAL KNOWLEDGE ANDBELIEF.SITE LOCATIONVICINITY MAP (N.T.S.)SITE LOCATIONPROPERTY MAP (N.T.S.)PROSPER STAR ANTEHMNET - TEXAS AREA PDMHL11/23/2022DATE:CHECKED BY:DRAWN BY:SHEETLEGACY DR PROSPER, TX 75078 BYREV3D DESIGN & ENGINEERING INC.DEPARTMENT OF SURVEYING21502 E WINTER VIOLET CTCYPRESS, TX. 77433PHONE: 832-510-9621www.3ddne.comINFO@3DDNE.COMTEXAS REGISTRATION NO. 10194603SURVEY PREPARED FOR:SURVEY PREPARED BY:DATEDESCRIPTIONANTHEMNET, INC.5944 LUTHER LANESUITE 725DALLAS, TX 75225PHONE: 512-539-7151PM18-24-22NEW TITLE REPORTPM111-23-22PERMIT REV1185 LEGACY, LLC6.618-ACRE TRACTFN 2021-121368D.R.D.C.TPARCEL ID: 122877(45' PUBLIC ROW) VOLUME G PAGE 277, P.R.C.C.T.EX. FIELDEX. STORAGEFACILITYEX. BUILDINGEX. BUILDINGEX. BUILDINGEX.BUILDINGEX. UTILITY POLEWITH GUY WIRE &TRANSFORMEREX. UTILITYPOLEEX. UTILITYPOLE WITHTRANSFORMEREX. SECONDARY POWERPEDESTALEX. TELCOPEDESTALEX. UTILITYPOLE WITHTRANSFORMERAND GUYWIREEX.HOUSEEX. WOODDECKEX. HOUSEEX. SHEETMETALBUILDINGEX. TELCOPEDESTALEX. 1'-6"Ø CORRUGATEDMETAL PIPE CULVERTEX. MAILBOXEX. ROADSIDEDITCHEX. DRAINAGESWALEEX. CULVERTEX. PROPERTYLINEEX. PROPERTYLINEFND.1/2" I.R.EX. 1'-6"Ø CULVERTWITH END SLOPETREATEMENTEX. GRAVELDRIVEEX. GRAVELROADEX. RANCHFENCEEX. PLANTEREX. GRASSYAREAEX. SHEDEX. GRASSYAREAEX.BUILDINGPOC FND.1/2" BENT I.R.X=2,476,499.41' (E)Y=7,141,559.36' (N)POBX=2,476,499.41' (E)Y=7,141,559.36' (N)POBX=2,475,734.00' (E)Y=7,141,542.59' (N)S88° 44' 42"W765.60'L6Page 163Item 16. PROSPER STAR ANTEHMNET - TEXAS AREA PDMHL11/23/2022DATE:CHECKED BY:DRAWN BY:SHEETLEGACY DR PROSPER, TX 75078 BYREV3D DESIGN & ENGINEERING INC.DEPARTMENT OF SURVEYING21502 E WINTER VIOLET CTCYPRESS, TX. 77433PHONE: 832-510-9621www.3ddne.comINFO@3DDNE.COMTEXAS REGISTRATION NO. 10194603SURVEY PREPARED FOR:SURVEY PREPARED BY:DATEDESCRIPTIONANTHEMNET, INC.5944 LUTHER LANESUITE 725DALLAS, TX 75225PHONE: 512-539-7151PM18-24-22NEW TITLE REPORTPM111-23-22PERMIT REVSITE EXHIBIT AND DESCRIPTIONHELENE F. LECOANET, RPLSTEXAS REGISTRATION NO. 65672 OF 2SURVEY NOT VALIDWITHOUT ALL SHEETSHELENE F. LECOANET, RPLSTEXAS REGISTRATION NO. 6567I HEREBY CERTIFY TOANTHEMNET, INC. THAT THISSURVEY WAS MADE BY ME, ORUNDER MY DIRECT SUPERVISION,ON THE GROUND OF THE LEASEAREA, AND ASSOCIATEDEASEMENT PREMISES HEREINDESCRIBED, AND THE RESULTS OFSAID SURVEY ARE REPRESENTEDHEREON TO THE BEST OF MYPROFESSIONAL KNOWLEDGE ANDBELIEF.50'X50' LEASE AREA DESCRIPTION:BEING A 50'X50' LEASE AREA CONTAINING 0.0574 ACRES (2,500.00 SQUARE FEET)LOCATED IN THE J.H. DURRETT SURVEY, ABSTRACT NO. 350, DENTON COUNTY, TEXAS,AND BEING OUT OF AND PART OF A 6.618-ACRE TRACT AS RECORDED IN FILE NUMBER2021-121368 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID 0.0574-ACRETRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWSWITH ALL CONTROL REFERRED TO THE TEXAS STATE PLANE COORDINATE SYSTEM,NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983:COMMENCING AT A 1/2” BENT IRON ROD MONUMENTING THE NORTHEAST CORNER OFSAID 6.618-ACRE TRACT AND HAVING A STATE PLANE COORDINATE VALUE OFX=2,476,499.41 (E), Y=7,141,559.36 (N);THENCE SOUTH 88 DEGREES 44 MINUTES 42 SECONDS WEST, 765.60 FEET TO THEPOINT OF BEGINNING AND NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT,HAVING A STATE PLANE COORDINATE VALUE OF X=2,475,734.00 (E), Y=7,141,542.59 (N);THENCE SOUTH 01 DEGREES 01 MINUTES 50 SECONDS EAST, 50.00 FEET TO THESOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE SOUTH 88 DEGREES 58 MINUTES 10 SECONDS WEST, 50.00 FEET TO THESOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 01 DEGREES 01 MINUTES 50 SECONDS WEST, 50.00 FEET TO THENORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 88 DEGREES 58 MINUTES 10 SECONDS EAST, 50.00 FEET TO THE POINTOF BEGINNING, CONTAINING 0.0574 ACRES (2,500.00 SQUARE FEET) OF LAND.NON-EXCLUSIVE VARIABLE WIDTH ACCESS, UTILITY, AND FIBER EASEMENTDESCRIPTION:BEING A NON-EXCLUSIVE VARABLE WIDTH ACCESS, UTILITY, AND FIBER EASEMENTCONTAINING 0.5368 ACRES (23,384.69 SQUARE FEET) LOCATED IN THE J.H. DURRETTSURVEY, ABSTRACT NO. 350, DENTON COUNTY, TEXAS, AND BEING OUT OF AND PARTOF A 6.618-ACRE TRACT AS RECORDED IN FILE NUMBER 2021-121368 OF THE DEEDRECORDS OF DENTON COUNTY, TEXAS, SAID 0.5368-ACRE TRACT BEING MOREPARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL CONTROLREFERRED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE(4202), NORTH AMERICAN DATUM OF 1983:BEGINNING AT A 1/2” BENT IRON ROD MONUMENTING THE NORTHEAST CORNER OFSAID 6.618-ACRE TRACT AND HAVING A STATE PLANE COORDINATE VALUE OFX=2,476,499.41 (E), Y=7,141,559.36 (N);THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS EAST, 30.01 FEET ALONG THEEASTERLY PROPERTY LINE OF SAID 6.618-ACRE TRACT, TO THE SOUTHEAST CORNEROF THE HEREIN DESCRIBED TRACT;THENCE SOUTH 88 DEGREES 58 MINUTES 10 SECONDS WEST, 734.41 FEET TO ANINTERIOR SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE SOUTH 51 DEGREES 59 MINUTES 52 SECONDS WEST, 38.24 FEET TO THESOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 01 DEGREES 01 MINUTES 50 SECONDS WEST, 50.00 FEET TO ANINTERIOR WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE SOUTH 88 DEGREES 58 MINUTES 10 SECONDS WEST, 25.00 FEET TO AWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 01 DEGREES 01 MINUTES 50 SECONDS WEST, 3.00 FEET TO THENORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 88 DEGREES 58 MINUTES 10 SECONDS EAST, 790.59 FEET TO THEPOINT OF BEGINNING, CONTAINING 0.5368 ACRES (23,384.69 SQUARE FEET) OF LAND.GENERAL NOTES:1.ALL BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE COORDINATESYSTEM, NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 AND AREROUNDED TO THE NEAREST SECOND. ALL DISTANCES ARE REPRESENTED IN GRIDVALUES, BASED ON SAID HORIZONTAL DATUM AND ARE MEASURED IN US SURVEYFEET TO THE NEAREST HUNDREDTH OF FOOT.2.ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(GEOID18) AND ARE DETERMINED TO THE NEAREST TENTH OF FOOT.3.PROVIDED ELEVATIONS, LATITUDE AND LONGITUDE VALUES ARE FROM GPSOBSERVATIONS (TYPE OF EQUIPMENT: TRIMBLE R2-TDC600, DATE OF SURVEY:06/17/2022).4.BASIS OF BEARING: GPS OBSERVATIONS CONDUCTED AT THE TIME OF THE SURVEY.5.BASIS OF ELEVATION: GPS OBSERVATIONS CONDUCTED AT THE TIME OF THESURVEY.6.THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY AND NO BOUNDARYSURVEY OF THE PARENT TRACT WAS PERFORMED.7.THIS SURVEY CONTAINS A DRAWING AND METES & BOUNDS DESCRIPTIONS FOR A50'X50' LEASE AREA AND A NON-EXCLUSIVE VARIABLE WIDTH ACCESS, UTILITY, ANDFIBER EASEMENT THAT WERE PREPARED FOR THE EXCLUSIVE USE OF ANTHEMNET,INC. AND EXCLUSIVELY FOR THE TRANSFER OF THE LESSEE PREMISES SHOWNHEREON. THE LEASE AREA AND THE EASEMENTS WILL NOT BE MONUMENTED.8.THIS SURVEY WAS BASED ON INFORMATION FOUND IN THE ABSTRACTORCERTIFICATE ISSUED BY TEXAS ABSTRACT SERVICES, CONTROL NO. 23049, DATEDJULY 14, 2022.9.NO WETLAND AREAS HAVE BEEN INVESTIGATED BY THIS SPECIFIC SURVEY.10.ALL ZONING INFORMATION SHOULD BE VERIFIED WITH PROPER ZONINGOFFICIALS.11.UTILITY EASEMENTS AS SHOWN HEREON ARE BASED ON FIELD OBSERVATIONSCONDUCTED ON 06/17/2022. UNDERGROUND UTILITIES MAY EXIST AND WERE NOTPHYSICALLY LOCATED AS A PART OF THIS SURVEY.12.AT THE TIME OF THE SURVEY, THE 50'X50' LEASE AREA AND THE NON-EXCLUSIVEVARIABLE WIDTH ACCESS, UTILITY, AND FIBER EASEMENT LIED WITHIN ANUNSHADED AREA OF MINIMAL FLOOD HAZARD ZONE X ACCORDING TO FEMA FIRMPANEL MAP NUMBER 48121C0430G, EFFECTIVE 04/18/2011 (DENTON COUNTY, TEXAS).EASEMENTS AND AGREEMENT:EASEMENTS AND AGREEMENT HEREON WERE LISTED IN THE ABSTRACTORCERTIFICATE ISSUED BY TEXAS ABSTRACT SERVICES, CONTROL NO. 23049, DATEDJULY 14, 2022:-RIGHT-OF-WAY EASEMENT DATED APRIL 13, 1938 GRANTED TO DENTON COUNTYELECTRIC COOPERATIVE, INC., AS RECORDED IN VOLUME 402, PAGE 318 OF THEDEED RECORDS OF DENTON COUNTY, TEXAS. (THE EASEMENT DOES NOT HAVESUFFICIENT DATA TO DETERMINE ITS LOCATION)-RIGHT-OF-WAY EASEMENT DATED FEBRUARY 26, 1946 GRANTED TO DENTONCOUNTY ELECTRIC COOPERATIVE, INC., AS RECORDED IN VOLUME 402, PAGE 374OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. (THE EASEMENT DOES NOTHAVE SUFFICIENT DATA TO DETERMINE ITS LOCATION)-MEMORANDUM OF COMMUNICATIONS FACILITY SITE LEASE AGREEMENT DATEDJUNE 14, 2022 BETWEEN 1185 LEGACY, LLC AND ANTHEMNET, INC. AS RECORDEDIN FILE NUMBER 2022-98972 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS.LEASE LOCATIONACCESS PATHLEASE LOCATIONACCESS PATH TOSITEPage 164Item 16. Page 165Item 16. Page 166Item 16. Page 167Item 16. Page 168Item 16. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Development Agreement Legacy Tower Town Council Meeting – February 28, 2023 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Anthemnet Inc, and the Town of Prosper, Texas, related to the Legacy Tower, located on the north side of Prosper Trail, west of Legacy Drive. Description of Agenda Item: On January 24, 2023, the Town Council approved the proposed request, by a vote of 7-0. A Development Agreement has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attachments: 1. Development Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Anthemnet Inc, and the Town of Prosper, Texas, related to the Legacy Tower, located on the north side of Prosper Trail, west of Legacy Drive. Proposed Motion: I move to authorize the Town Manager to execute a Development Agreement between Anthemnet Inc, and the Town of Prosper, Texas, related to the Legacy Tower, located on the north side of Prosper Trail, west of Legacy Drive. Prosper is a place where everyone matters. PLANNING Page 169 Item 17. Page 170 Item 17. Page 171 Item 17. Page 172 Item 17. Page 173 Item 17. 5 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of February, 2023, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 174 Item 17. Page 175 Item 17. Page 176 Item 17. Page 177 Item 17. Page 178 Item 17. Page 179 Item 17. Page 180 Item 17. Page 181 Item 17. Page 1 of 4 Prosper is a place where everyone matters. PLANNING To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: PD-94 Westside Development Amendment Town Council Meeting – February 28, 2023 Agenda Item: Conduct a public hearing and consider and act upon a request to amend Planned Development- 94 (PD-94), for the Westside Development, on 63.7± acres., located northside of University Drive and east of FM 1385. (Z22-0020). History: In 2018, Planned Development-94 was approved for the Westside development, which was intended to be a mixed-use development including various uses, including, but not limited to multifamily, indoor commercial amusement, limited-service hotel, restaurant, retail, convenience store with gas pumps, and open space. In early 2022, Planned Development-94 was amended to the update the PD with regards to an extended stay hotel. The updates included the type of hotel, layout elevation and parking accommodations. 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-94 Undeveloped US 380 District North Agricultural and Planned Development-40-Single Family Glenbrook Subdivision and Undeveloped Medium Density Residential East Planned Development- 40-Single Family Undeveloped (floodplain) US 380 District Page 182 Item 18. Page 2 of 4 South Town of Little Elm Holt Cat Equipment Sales Town of Little Elm West Denton County Undeveloped, Savannah Subdivision, and Valero Gas Station Denton County Requested Zoning – The applicant is requesting to amend the PD to allow a big box retail use. The total sq. ft. consist of 160,508sqft. Rather than applying for an SUP, the applicant has made amendments to the current PD. Details about the major proposed amendment are outlined below.  Permitted Uses – The current PD requires a Specific Use Permit for a big box use. The proposed PD has been modified to allow a big box use as well as gas pumps as an accessory use. The PD allowed a maximum total of 480 multifamily units, the applicant is revising to two hundred and forty- three (243) units.  Layout – To accommodate the new big box use, the proposed layout has been modified. Current Layout Page 183 Item 18. Page 3 of 4 Proposed Layout Page 184 Item 18. Page 4 of 4  Architecture – The PD amendment proposes to replace the indoor amusement. The proposed big box use will be constructed of brick, split face CMU, and metal panels as shown below. The applicant will submit an amended development agreement.  Triggers – The PD requires certain square footage to be built in order for multifamily phases to occurred. There are no changes to the triggers within this PD amendment.  Open space – The PD does alter the configuration of the urban open space, but the acreage remains the same. The pedestrian from the central area of the development to the Glenbrooke neighborhood to the north via Kent Drive has been removed. This was requested by Glenbrooke neighborhood. The phasing of the construction does not change from the Planned Development.  Number of Restaurants with Drive -Throughs - The PD originally allowed a total of four (4) restaurants with drive through, two (2) allowed on FM 1385 and two (2) along US 380. The applicant has kept the total number of drive - through restaurants allowed, but has revised the Page 185 Item 18. Page 5 of 4 locations of the allowable use. The applicant is proposing three (3) noncontiguous shall be permitted along US 380 and a maximum of one (1) shall be permitted along FM 1385.  Loading Dock – The applicant has requested a modification to propose a loading dock one hundred fifteen feet (115’) from adjacent residential land use, as shown on Exhibit D. Per our zoning ordinance, at least two hundred feet (200’) is required from adjacent residential land uses. The applicant is proposing six (6’) in height above finish grade on the north side of wall be provided, in addition to the eight (8’) screening wall between non-residential and residential.  Landscaping/screening – The applicant has proposed an eight (8’) precast concrete screening wall and shade trees along the retail side adjacent to the residence as well as a modified living screen along the multifamily side adjacent to the residences. No other aspect of the proposed PD related to other uses or provisions are proposed to be modified with this amendment. Staff recommends approval of this request as presented. Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property. The request conforms to the Future Land Use Plan. Thoroughfare Plan – The property is adjacent to US 380, a future six-lane divided major thoroughfare and FM 1385 a future six-lane divided major thoroughfare. Parks – This property is not needed for the development of a public park. Hike and bike trails are required in conjunction with development of the property in accordance with the Hike and Bike Trail Map of the Parks Master Plan. Legal Obligations and Review: Page 186 Item 18. Page 6 of 4 Notification was provided to neighboring property owners as required by State Law. Notification was provided to neighboring property owners as required by state law. To date, staff has 2 letters in response to the proposed zoning request including 1 letter against the proposed zoning request. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed Exhibits 3. Proposed Exhibit C Redlines (Tract A) 4. Reply Forms Planning & Zoning Recommendation: At their February 7, 2023, meeting, the Planning & Zoning Commission recommended the Town Council approved the request, by a vote of 6-0 subject to the applicant revising the screening wall to a masonry screening wall along the Multifamily side. Town Staff Recommendation: Town staff recommends approval of a request to amend Planned Development-94 (PD-94), for the Westside Development, on 63.7± acres., located northside of University Drive and east of FM 1385. (Z22-0020). Proposed Motion: I move to approve/deny a request to amend Planned Development-94 (PD-94), for the Westside Development, on 63.7± acres., located northside of University Drive and east of FM 1385. (Z22- 0020). Page 187 Item 18. Page 188 Item 18. Page 189 Item 18. Scale: 1"=100' November, 2022 SEI Job No. 22-187 LOCATION MAP 1" = 2000' PROJECT LOCATION TOWN OF PROSPER CASE NO. Z22-0020 Exhibit A WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS WestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru POINT OF BEGINNING 50' R. O . W .50' R.O.W.Cab. X , P g . 7 1 7 P R D C T var. width R.O.W.(a.k.a. W. University Drive) variable width R.O.W. Doc. No. 2018-84666 OPRDCT 50' R. O . W .50' R.O.W.Doc. No. 2018-84666 OPRDCT Doc. No. 2001-66260 OPRDCT Doc. No. 2018-138 PRDCT Doc. No. 2018-138 PRDCTDoc. No. 2014-315 PRDCT Lot 13, Block A Lot 9, Block A Lot 8, Block A Lot 4, Block A Lot 10, Block Avar. width R.O.W.Lot 12, Block ALot 1, Block A Lot 2, Block A Lot 3, Block A Lot 5, Block A Lot 6, Block A Lot 7, Block A Lot 20, Block A Lot 15, Block A var. width R . O . W .Cab. V, Pg. 378 PRDCTDoc. No. 2018-482 PRDCT50' R.O.W.Doc. No. 2018-482 PRDCT Cab. Y, Pg. 336 PRDCTLot 16, Block A Lot 19, Block A Lot 14, Block A Lot 18, Block A Lot 17, Block A Lot 11, Block A Lot 21, Block A 0.720 Ac. (31,349 S.F.) R.O.W. Dedication to Town of Prosper in Fee Simple Page 190 Item 18. SURVEYOR'S CERTIFICATE OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF DENTON § WestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru TOWN OF PROSPER CASE NO. Z22-0020 Exhibit A WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS Page 191 Item 18. Z22-0020 EXHIBIT B STATEMENT OF INTENT AND PURPOSE WESTSIDE 1. Statement of Intent A. Overall Intent The purpose of this project is to create a walkable urban neighborhood using a horizontal mix of uses. Access to shopping, housing, community retail and park land promotes a quality of life that nurtures the public health, safety, comfort, convenience, prosperity and general welfare of the immediate community, as well as to assist in the orderly and controlled growth and development of the land area described within this document. The overall intent of the proposed Planned Development amendment is to change the western portion of Tract B-Multi-Family District to Tract A-Retail District, and to modify the site plan accordingly to accommodate a Big Box retail use. B. Description of Property The subject property comprises approximately 64 acres of vacant land at the northeast comer of U.S. Highway 380 and F.M. 1385 in Prosper, Texas. It is additionally bounded by the Glenbrooke single family neighborhood to the north and Doe Branch Creek to the east. An existing trail exists along the property’s north boundary and currently serves the adjacent single family neighborhood. This trail may extend into the Doe Branch drainage system and be part of the larger Town of Prosper Trails Plan. C. Description of Proposed Property The subject property as depicted in Exhibit “D” has been divided into two distinct sub-districts. The purpose of sub-district development standards described in Exhibit “C” is to define the character of new development within each sub-district. They have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. Given that the subject property resides at the hard comer of two major thoroughfares and will serve as a gateway to the Town of Prosper, a portion of land with a size yet to be determined, will be set aside as a signage easement for a Town gateway sign near the intersection of U.S. 380 and F.M. 1385. 2. Current Zoning and Future Land Uses A. Current Zoning The subject property is zoned Planned Development District 94 Westside (PD-94) (Ordinance 18-108, and amended Ordinance 2022-20). B. Future Land Use Plan The Future Land Use Plan retains the current zoning of Planned Development District 94 Westside (PD-94), reconfigures the sub-districts (Tract A and Tract B) and adjusts the arrangement of uses within Tract A to accommodate Big Box Retail. The corresponding base zoning for Tract A Retail District is R-Retail (Non-Residential District) and the corresponding base zoning for Tract B Multifamily District is MF- Multifamily (Residential District). Together Tract A and Tract B comprise uses such as big box retail and accessory uses, restaurants, retail stores and shops, hotels, banks, gas/convenience, residential and open space. Page 192 Item 18. Z22-0020 EXHIBIT C DEVELOPMENT STANDARDS WESTSIDE 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. A landscape plan including all requirements conforming to Town ordinances and standards, except as otherwise set forth in these Development Standards, shall be provided along with the Preliminary Site Plan/Preliminary Plat, Site Plan/Final Plat, and Civil Plans. Tract A — Retail District Al . Except as noted below, the Tract shall develop in accordance with the Retail District base zoning as it exists or may be amended. A2. Uses. Uses shall be permitted in accordance with the Retail District with the exception of the Following: Permitted Uses 1. Restaurant (with Drive-Through) a. A restaurant with drive-through shall be permitted by right in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. A maximum of three (3) noncontiguous drive-through restaurants shall be permitted along US 380, and a maximum of one (1) drive-through restaurant shall be permitted along FM 1385, as shown on Exhibit D. 2. Hotel, Extended Stay a. An extended stay hotel shall be permitted by right on the subject property, as shown on Exhibit D, on either Lot 15 or Lot 16, and shall otherwise be permitted in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. 3. Big Box Retail a. Big Box Retail shall be permitted by right on the subject property, as shown on Exhibit D, and shall otherwise be permitted in accordance with the Conditional Development Standards, as outlined in the Zoning Ordinance. b. Big Box Retail includes the following accessory uses permitted by right on the subject property, as shown on Exhibit D, and shall otherwise be permitted in accordance with the Conditional Development Standards, as outlined in the Zoning Ordinance. i. Wholesale and retail general merchandise and grocery sales; ii. Discount club member services including pharmacy, optical and hearing professional services and sales; iii. Restaurant; iv. Tire center including the sale and installation of tires; v. Fuel pumps dispensing gasoline and other fuels located on the Big Box Retail lot or a lot abutting the associated Big Box retail building. The pumps shall be operated as an accessory use to the Big Box Retail; vi. Loading dock shall be setback a minimum of one hundred fifteen feet (115’) from adjacent residential land use, as shown on Exhibit D. 4. Alcoholic Beverage Sales and Beer sales are permitted. 5. The outdoor display (adjacent to the building entry) of one (1) new automobile associated with a Big Box Retail discount club member online automobile sales program. This display is permitted by right without time limitation on the subject property in one (1) location immediately adjacent to the main entrance to the Big Box building as shown on Exhibit D and shall otherwise be permitted in accordance with the Conditional Development Standards, as outlined in the Zoning Ordinance. 6. Drive aisle in front of Big Box Retail building permitted without traffic calming features. 7. Vehicular access to Big Box Retail area may use mountable driveway medians to allow for truck turning radii. Page 193 Item 18. Prohibited Uses: 1. Athletic Stadium or Field, Public 2. Automobile Parking Lot/Garage 3. Automobile Paid Parking Lot/Garage 4. Recycling Collection Point 5. School District Bus Yard A3. Regulations. Regulations shall be permitted in accordance with the Retail District with the exception of the following: 1. Hotel, Extended Stay a. Maximum height of Five (5) stories, no greater than seventy-five (75) feet. b. Minimum height of four (4) stories. 2. Fuel pumps that are an accessory use of Big Box Retail shall be located within eight hundred feet (800’) of the right-of-way lines of intersecting major thoroughfares. 3. Size of yards shall be in accordance with Exhibit D. A4. Design Guidelines 1 . Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. b. Detailed Facade Plans conforming to the Conceptual Elevations shall be submitted for each building including Big Box retail at the time of Site Plan, subject to approval by the Planning & Zoning Commission. Facade Plans for the Extended Stay Hotels use shall also be subject to Town Council approval. 2. Architectural Standards (except for Big Box Retail) a. At least eighty percent (80%) of each building’s facade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick or stone) b. For retail/restaurant uses, no more than thirty percent (30%) of each facade elevation shall use wood-based high pressure laminate (i.e. Prodema, Trespa, CompactWood), as shown on Exhibit F. c. No more than fifteen percent (15%) of each facade elevation may use a combination of accent materials such as cedar or similar quality decorative wood, architectural metal panel, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. d. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, marquees and roof forms whose area in plan is no greater than fifteen percent (15%) of the ground floor footprint may exceed the height limits by up to ten feet (10’). e. No single material shall exceed eighty percent (80%) percent of an elevation area. A minimum of twenty percent (20%) of the front facade and all facades facing public right-of- way shall be natural or manufactured stone. A minimum of ten percent (10%) of all other facades shall be natural or manufactured stone. f. All buildings shall be designed to incorporate a form of architectural articulation every thirty feet (30’), both horizontally along each wall’s length and vertically along each wall’s height. Acceptable articulation may include the following: i. Canopies, awnings, or porticos; ii. Recesses/projections; iii. Arcades; iv. Arches; v. Display windows, including a minimum sill height of thirty (30) inches; vi. Architectural details (such as tile work and moldings) integrated into the Page 194 Item 18. building facade; vii. Articulated ground floor levels or base; viii. Articulated cornice line; ix. Integrated planters or wing walls that incorporate landscape and sitting areas; x. Offsets, reveals or projecting rib used to express architectural or structural bays; or xi. Varied roof heights; g. All buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features. h. Commercial buildings with facades greater than two hundred feet (200’) in length shall incorporate wall plane projections or recesses that are at least six feet (6’) deep. Projections/recesses must be at least twenty five percent (25%) of the length of the facade. No uninterrupted length of facade may exceed one hundred feet (100’) in length. 3. Architectural Standards for Big Box Retail a. At least 15 percent (15%) of each building’s facade (excluding doors and windows) shall be finished in one of the following materials: Masonry (structural brick, block or stone) as shown on Exhibit F. b. Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. c. No single specific material shall exceed eighty percent (80%) percent of an elevation area. d. Natural stone accents are encouraged at the building entry. e. Big Box buildings shall be designed to incorporate changes in material, color or finish every two hundred (200’) horizontally to help reduce the perceived scale of the building. Other acceptable articulation may include the following: i. Canopies, awnings, or porticos to accentuate the main building entry; ii. Variation in the parapet or cornice level; iii. Change in material vertically along the base of the building and/or structural brick patterning accents to provide interest; iv. Use of a coordinated cohesive palette of materials that offer a variety in finish, texture, and color; f. All elevations of the building shall be architecturally finished with the same cohesive palette of materials; g. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint. h. No interrupted length of façade shall exceed two hundred fifty feet (250’) in length without change in material or articulation. i. At least sixty percent (55%) of each building’s façade (excluding doors and windows) shall be finished in energy efficient materials including insulated architectural ribbed metal panels and embossed insulated metal panels as shown on Exhibit F. 4. Windows and Doors a. Except for Big Box Retail, All ground floor front facades of buildings along streets or public ways with on-street parking or that face directly onto Open Space and contain non- residential uses shall have transparent storefront windows covering no less than thirty percent (30%) of the facade area. Hotels shall have no less than ten percent (10%) of the facade. b. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is only permitted above the first story. Windows shall have a maximum exterior visible reflectivity of thirty percent (30%). 5. Awning, Canopies, Arcades, and Overhangs (Except for Big Box Retail) a. Awnings shall not be internally illuminated. b. Canopies shall not exceed one hundred linear feet (100’) without a break of at least five feet (5’). c. Awnings and canopies shall not extend beyond ten feet (10’) from the main building facade. A5. Additional Standards 1. Open Space a. Urban Open Space i. Open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of one Page 195 Item 18. (1) acre of useable land area that will serve as a linear park to the development consisting of a pedestrian pathway with seating areas and enhanced landscaping. A minimum of one (1) pedestrian connection shall be required from this linear open space to the Rural Open Space. ii. The linear open space shall be constructed at the time of construction of Phase 1A. The linear open space shall be constructed at the developer’s cost. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of Phase 1A. The hike and bike trail system shall be constructed at the developer’s cost. iv. The Kent Drive right-of -way improvements (outside the Planned Development District) as shown conceptually on Exhibit G, shall be constructed at the time of Phase 1A and at the developer’s cost per a separate license agreement. b. Rural Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c. Combined usable open space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. 2. Landscape Screening and Buffering The Retail District and shall be visually screened and/or buffered to provide a visual barrier between the residential land use to the north and the Planned Development District. The location and type of the screening and/or buffer shall be as prescribed in this section and conceptually depicted on Exhibits D and G. No screening wall, fence, shrubs, or trees shall be planted within the twenty-five (25) foot Upper Trinity River Water District (UTRWD) easement extending along the northern boundary of the Planned Development District. a. A solid screening wall or fence eight (8) feet in height shall be erected to provide a visual barrier separating these uses. The purpose of the screening wall or fence is to provide a visual barrier between the properties. The screening wall shall be constructed of suitable permanent materials such as concrete masonry units, poured in place concrete, tilt-up concrete or concrete panels, which do not contain openings constituting more than forty (40) square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. The screening wall shall be equally finished on both sides of the wall. i. Irrigated Quercus virginiana or approved equivalent trees (minimum three (3) inch caliper) spaced no more than thirty (30) feet on center located the length of the screen wall where feasible for the space provided as shown on Exhibits D and G, shall be planted adjacent to and south of the eight (8) foot in height screening wall or fence. ii. A two (2) foot area for vehicle overhang shall be demarcated on landscape plans and maintained along all adjacent parking stalls. iii. Where the Big Box retail building is adjacent to the northern boundary, irrigated Quercus virginiana or approved equivalent trees (minimum three (3) inch caliper) shall be spaced no more than thirty (30) feet on center adjacent to and south of the eight (8) foot in height screening wall or fence to screen the loading area and service drive. iv. At the Big Box retail building loading dock a masonry screening wall extending the length of the loading area and six (6) feet in height above finished grade on the north side of the wall shall be provided. b. A thirty (30) foot wide landscape easement shall be required along roadways when an adjacent building sides or backs the road except at the Big Box retail service drive along north side of building where a screen wall and landscape area are provided between the service drive and the adjacent residential land use as shown on Exhibits D and G. The landscape buffer shall consist of a minimum three- foot (3’) foot berm, except at Big Box Retail. c. A minimum of twenty feet (20’) width of this landscape easement shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. None of the required trees and/or shrubs shall be located within any utility easement. d. A minimum ten-foot (10’) wide landscape buffer is required adjacent to Rural Open Space. Page 196 Item 18. e. A thirty (30) foot wide landscape easement shall be provided along US 380 and a minimum twenty-five (25) foot wide landscape easement shall be provided along FM 1385. These landscape easements should be exclusive of other easements and restrictions which could inhibit landscaping where feasible. Sidewalks and trails required by the Town are allowed in this easement. Berms ranging in height from three feet (3’) to six feet (6’), and an overall minimum average of four and a half feet (4.5’) in height, shall be provided along US 380 and FM 1385. Berm height may be reduced where the accommodation of a meandering ten (10) foot wide hike and bike trail limits feasible berm height in some locations. 3. Lot Frontage a. Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking Requirement a. Hotel, Extended Stay: One (1) parking space, equivalent to seventy-five percent (75%) of the total number of rooms/keys provided. Parking spaces for Lots 15 and 16 may be shared, provided the minimum requirements per the zoning ordinance and herein are met. 5. Gas Pumps Development Standards a. Canopies may be flat if clad with materials that are compatible and cohesive with materials and accent colors used on the associated large-scale retail building. b. Canopy support columns shall be clad with materials compatible and cohesive with the associated large-scale retail building. c. Raised planters shall not be required at both ends of pump islands. 6. Town of Prosper monument gateway sign will be installed on the corner of US 380 and FM 1385 as shown on Exhibits D and G. 7. Landscape requirements for Big Box retail only a. No more than 15 parking spaces (excluding designated cart return corrals) permitted in a continuous row without being interrupted by a landscaped island. Minimum square feet of landscape islands as delineated by locations of concrete step-offs abutting back of curb adjacent to parking stalls shall be as shown on Exhibits D and G. b. Landscaped islands shall be located at the terminus of all parking rows except for the two (2) rows at the truck maneuver area at the Big Box retail loading dock as shown on Exhibits D and G. c. Foundation planting configuration and plant material sizing for Big Box retail shall be as shown on Exhibit G. 8. There shall be no vehicular connection to Kent Drive. Tract B — Multifamily District B 1. Except as noted below, the Tract shall develop in accordance with the Multifamily District base zoning as it exists or may be amended. B2. Multifamily Construction 1. For Phase IB, as shown on Exhibit E2, which consists of a maximum of 243 units, construction may not commence until construction of the first floor framing has begun on the restaurant/retail building as shown on Lot 8 on Exhibit D and the Extended Stay Hotel on either Lot 15 or Lot 16 on Exhibit D. B3. Regulations. Regulations shall be permitted in accordance with the Multifamily District with the exception of the following: 1. Maximum Number of Units: Two hundred and forty-three (243) units. 2. Maximum Height: a. Two (2) stories, no greater than forty feet (40’) for buildings within one hundred (100) feet Page 197 Item 18. of a single family zoning district. b. Three (3) stories, no greater than fifty feet (50’). c. Four (4) stories, no greater than sixty-five feet (65’). 3. Size of Yards a. In accordance with Exhibit D. 4. Minimum Dwelling Area a. One (1) bedroom: 650 square feet b. Two (2) bedroom: 925 square feet c. Three (3) bedroom: 1,150 square feet 5. Lot Coverage: Maximum fifty percent (50%) B4. Design Guidelines 1. Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. b. Detailed Facade Plans conforming to the Conceptual Elevations shall be submitted for each building at the time of Site Plan, subject to approval by the Planning & Zoning Commission. 2. Architectural Standards a. At least eighty percent (80%) of each building’s facade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick and stone). b. No more than fifteen percent (15%) of each facade elevation shall use a combination of accent materials such as cedar or similar quality decorative wood, fiber cement siding, resin- impregnated wood panel system, cementitious-fiber clapboard (not sheet) with at least a fifty (50) year warranty, architectural metal panel, split-face concrete block, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. c. Any enclosed one or two-car garage shall be designed and constructed of the same material as the primary building. B5. Additional Standards 1. Open Space a. Urban Open Space i. Open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of one (1) acre of useable land area that will serve as a linear park for the development consisting of a pedestrian pathway with seating areas and enhanced landscaping. A minimum of one (1) pedestrian connection shall be required from this linear open space to the Rural Open Space. ii. The linear open space shall be constructed at the time of construction of Phase 1A. The linear open space shall be constructed at the developer’s cost. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of Phase 1A. The hike and bike trail system shall be constructed at the developer’s cost. b. Rural Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c. Combined Urban Open Space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. d. Kent Drive right-of-way improvements (outside the Planned Development District) must be completed and accepted by the Town in accordance with a separate approved license agreement prior to release of construction for any mulit-family development. e. A Property Owners Association (POA) must be established before acceptance of any development within the Planned Development District. The POA shall be responsible for ownership and maintenance of all open space, trail heads, and all other similar Page 198 Item 18. spaces. Developer shall submit POA documents for review to the Town prior to recording at the County. The ownership and maintenance of the Kent Drive right-of- way open space (outside the Planned Development District) shall be in accordance with a separate license agreement between the Town and the developer. 2. Landscape Screening and Buffering The Multifamily District and shall be visually screened and/or buffered to provide a visual barrier between the residential land use to the north and the Planned Development District. The location and type of the screening and/or buffer shall be a modified irrigated living screen as prescribed in this section and depicted on Exhibit G. No shrubs, or trees shall be planted within the twenty-five (25) foot Upper Trinity River Water District (UTRWD) easement extending along the northern boundary of the Planned Development District. a. Living Screen : a thirty-three (33) foot wide landscape easement which includes the existing twenty- five (25) foot wide UTRWD easement shall be required along the entire northern boundary of the Planned Development District. Within this landscape easement, eight (8) feet in width shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. No required trees or shrubs shall be located within any utility easement; however, shrubs may be planted on the utility easement line. i. A two (2) foot area for vehicle overhang shall be demarcated on landscape plans and maintained along all adjacent parking stalls. ii. Within the landscape easement along the entire northern boundary of the Planned Development District, an irrigated modified living screen shall provide a partial visual barrier between these uses in lieu of a solid screening wall or fence as follows: An irrigated modified living screen consisting of a row of Quercus virginiana or approved equivalent trees (minimum three (3) inch caliper) spaced no more than thirty (30) feet on center interspersed with groupings of three (3) staggered Ilex x ‘Nellie R. Stevens’ or approved equivalent (forty-five (45) gallon minimum container size and eight (8) feet minimum height at planting) spaced no more than six (6) feet on center. c. A minimum ten-foot (10’) landscape buffer is required adjacent to Rural Open Space. 3. Lot Frontage a. Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking a. Minimum “Off-Street” Parking. For the purpose of this ordinance, off-street parking shall mean any parking not located immediately adjacent to and along public drives (i.e. parallel parking) used for internal circulation throughout the development. i. One (1) and two (2) bedroom units: 1 .8 parking spaces per unit. ii. Three (3) bedroom units: 2.0 parking spaces per unit. b. Tandem parking shall count towards the parking provided for each designated tract or phase that the parking resides within. c. Surface parallel parking that is provided along interior drives shall count towards the parking provided for each designated tract or phase that the parking resides within. 5. The provisions of Chapter 4, Section 2.6D (Non-Residential and Multifamily Development Adjacent to a Major Creek) shall apply to the proposed development. 6. The provisions of Chapter 4, Section 2.6A.6 (Landscape Area Requirements) shall apply to the proposed development. 7. The provision of Chapter 4, Section 9.1 7 (Multifamily Site Design) shall not apply to the proposed development. 8. There shall be no vehicular connection to Kent Drive. Page 199 Item 18. (a.k.a. W. University Drive) variable width R.O.W.var. width R.O.W.(a.k.a. W. University Drive) variable width R.O.W.CAUTIONCAUT I O N CAUTI O N CAUTIONCAUTI O N CAUTIONCAUTI O N CAUTIONCAUT I O N CAUTIONvvvCAUTIONCAUTIONCAUTIONCAUT I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTI O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONWestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru S N W E LOCATION MAP 1" = 2000' PROJECT LOCATION Sheet No. 1 of 6 TOWN OF PROSPER CASE NO. Z22-0020 Exhibit D WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS Cross Engineering & Associates, Inc. 1995 Raymond Drive, Suite 119 8668 John Hickman Pkwy., Suite 907 Northbrook, IL 60062 Telephone (847) 498-0800 Contact: Stephen Cross Page 200 Item 18. Cab. X , P g . 7 1 7 P R D C T 50' R. O . W .50' R.O.W.var. width R . O . W .Cab. V, Pg. 378 PRDCTvar. width R.O.W.CAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONvvCAU T I O N CAUTIONS N W E M A T C H L I N E SHT. 4M A T C H L I N E SHT. 3 Sheet No. 2 of 6 TOWN OF PROSPER CASE NO. Z22-0020 Exhibit D WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS WestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru Cross Engineering & Associates, Inc. 1995 Raymond Drive, Suite 119 8668 John Hickman Pkwy., Suite 907 Northbrook, IL 60062 Telephone (847) 498-0800 Contact: Stephen Cross Perimeter frontage landscaping with berming. Reference Exhibit G for details. Perimeter frontage landscaping with berming. Reference Exhibit G for details. Page 201 Item 18. (a.k.a. W. University Drive) variable width R.O.W.var. width R.O.W.(a.k.a. W. University Drive) variable width R.O.W.CAUTIONCAU T I O N vCAUTIONCAUTIONCAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONS N W EM A T C H L I N E SHT. 4M A T C H L I N E SHT. 2 Sheet No. 3 of 6 TOWN OF PROSPER CASE NO. Z22-0020 Exhibit D WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS WestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru Cross Engineering & Associates, Inc. 1995 Raymond Drive, Suite 119 8668 John Hickman Pkwy., Suite 907 Northbrook, IL 60062 Telephone (847) 498-0800 Contact: Stephen Cross Perimeter frontage landscaping with berming. Reference Exhibit G for details. Perimeter frontage landscaping with berming. Reference Exhibit G for details. Perimeter frontage landscaping with berming. Reference Exhibit G for details. Perimeter frontage landscaping with berming. Reference Exhibit G for details. Perimeter frontage landscaping with berming. Reference Exhibit G for details. Page 202 Item 18. Doc. No. 2018-84666 OPRDCT Doc. No. 2018-84666 OPRDCT S N W E M A T C H L I N E SHT. 2M A T C H L I N E SHT. 3Sheet No. 4 of 6 TOWN OF PROSPER CASE NO. Z22-0020 Exhibit D WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS WestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru Cross Engineering & Associates, Inc. 1995 Raymond Drive, Suite 119 8668 John Hickman Pkwy., Suite 907 Northbrook, IL 60062 Telephone (847) 498-0800 Contact: Stephen Cross Page 203 Item 18. vvvCAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION6665CAUTION5511CAU T I O N 6FLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLF L FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL F L FLFLFLFLFL FL F L FLFLFLFLFLFLFLCONCRETE PAVEMENT 15' D.E. DOC. NO. 2020-55 P.R.D.C.T. LANDSCAPE EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. S S S DD D W W LOT 3, BLOCK A SSSS HOLDING, LLC. INST.NO. 2021-235468 O.R.D.C.T. 30' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT DOC.NO. 2020-55 P.R.D.C.T. CONCRETE PAVEMENT WESTSIDEACCESS EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. STREET EASEMENT DOC. NO. 2020-55 P.R.D.C.T. S81°17'55"E 234.29' S72° 4 5 ' 2 4 " E 68.05 'S0°55'40"W156.85'N89°04'20"WN0°55'40"E166.14'N89°04'20"W 224.66'N5°28'07"E72.52'R=5669.58'∆=3°15'00"L=321.60'CB=N7°05'37"EC=321.55'N8°43'07"E220.34'20'20'24'18'25'20'20'25'20'20'24' 20' 20' 24' 18' 25' 20' 20' 25' 20' 20' 24' 16' 18' 24' 20' 20' 24' 20' 20' 24' 20' 20' 24' 20' 20' 24' 20' 20' 24' 18' 29.8' 30' 28' 130' 24'18'18'24'18'18'24'18'24' 18' 10'16'32'18' 24'10' 70' 10' 90' 10' 24'8.5'5.5' 20' 24' 20' 20' 24' 20' 20' 24' 20' 20' 24' 20' 20' 24' 20' 20' 24' 18' 17.7' 17'24'18'30'230.3'289.1'30'30'168.5'24'25.8' 26' 140' 24' 20' 30' 10' 47'10.1' 5'9.1' 30'2.9' 12' 146' 30'20'24'20'20'24'20'20'24'20'201' 24' 18' 9.8' 30' 20'7' 140' 24' 34.1' BFRBFR BFRBFRBFR BFRBFRBFR BFR BFR BFR8'2'30'235'30'229'LOT 2R LOT 1R LOT 2R LOT 3 PROPOSED SIGNALIZED INTERSECTION LOT 1R24'24'EX. 24'DRIVEEX. 4' MEDIAN12'4'12'30'30' FIRELANE, ACCESS, DRAINAGE, & UTILITY EASEMENT. DOC. NO. 2020-55 OPRDCT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 24'16'12'10' WATER EASEMENTF.M. 138513' 3 0 'R30'R5 0'R20'R20'R 5 0'R20'R50'R70'R30'R25' LANDSCAPE EASEMENT ALONG FM 1385 FRONTAGE PERIMETER FRONTAGE LANDSCAPING WITH BERMING. REF. EXHIBIT G FOR DETAILS 20'R50'R50'R50'R 2 0'R 3 0'R54'R3 0 'R200'R40'R100'R188'R vvvCAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAU T I O N CAUTIONCAUTIONCAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION6665CAUTION5511CAU T I O N 6FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLF L FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL F L FLFLFLFLFL FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFL FLFLFLFLFLFLFLFLFLFLFLCONCRETE PAVEMENT LOT 5, BLOCK A SAVANNAH TOWN CENTER DOC. NO. 2018-482 P.R.D.C.T. R.O.W. DEDICATION DOC. NO. 2020-55 P.R.D.C.T. SAVANNAH, PHASE 3 CAB. V, PG. 378 P.R.D.C.T. MAGNOLIA BOULEVAR D (VARIABLE W I D T H R . O . W . ) T T E E X X X X X X 4' X 3' AT&T VAULT 3' SANITARY SEWER 3' SANITARY SEWER EASEMENT DOC.NO. 2020-55 P.R.D.C.T. 15' D.E. DOC. NO. 2020-55 P.R.D.C.T. 15' D.E. DOC. NO. 2020-55 P.R.D.C.T. LANDSCAPE EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. LANDSCAPE EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. S SS S S SS S S D D D D D D D D W W W W W W LOT 3, BLOCK A LOT 4, BLOCK A LOT 5, BLOCK A LOT 6, BLOCK A LOT 7, BLOCK A LOT 8, BLOCK A LOT 15, BLOCK A SSSS HOLDING, LLC. INST.NO. 2021-235468 O.R.D.C.T. SSSS HOLDING, LLC. INST.NO. 2021-235468 O.R.D.C.T. WESTSIDE PROSPER, LLC. INST.NO. 2021-235468 O.R.D.C.T. WESTSIDE PROSPER, LLC. INST.NO. 2021-235468 O.R.D.C.T. WESTSIDE PROSPER, LLC. INST.NO. 2021-235468 O.R.D.C.T. WESTSIDE PROSPER, LLC. INST.NO. 2021-235468 WESTSIDE PROSPER, LLC. INST.NO. 2021-235468 O.R.D.C.T. 30' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT DOC.NO. 2020-55 P.R.D.C.T. 30' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT DOC.NO. 2020-55 P.R.D.C.T. 30' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT DOC.NO. 2020-55 P.R.D.C.T. CONCRETE PAVEMENT CONCRETE PAVEMENTASPHALT PAVEMENTASPHALT PAVEMENTWESTSIDEPROSPER, LLC.INST.NO.2021-235468O.R.D.C.T.REMAINDER OFLOT 14,BLOCK AREMAINDER OFP.O.B. TRACT 2 ACCESS EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. STREET EASEMENT DOC. NO. 2020-55 P.R.D.C.T. S81°17'55"E 234.29' S72° 4 5 ' 2 4 " E 68.05 'N17°14'36"E409.66'S17°14'36"W793.89'S0°55'40"W156.85'N89°04'20"W 717.79'N0°55'40"E166.14'N89°04'20"W 224.66'N5°28'07"E72.52'R=5669.58'∆=3°15'00"L=321.60'CB=N7°05'37"EC=321.55'N8°43'07"E220.34'BFRBFR BFRBFRBFR BFRBFRBFR BFR BFR BFR LOT 18R LOT 2R LOT 1R LOT 2R LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 15LOT 14PROPOSED SIGNALIZED INTERSECTION LOT 1R LOT 14PROP. COMPACTORS PROP. TRANSFORMER LOADING DOCK PROP. GAS METER 30' FIRELANE, ACCESS, DRAINAGE, & UTILITY EASEMENT. DOC. NO. 2020-55 OPRDCT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT PROP. UNDERGROUND DIESEL STORAGE TANK (WITHIN 50' BUILDING LINE). REF. MEP/ARCH PLANS FOR DETAILS 24'16'PROP. GENERATORS. REF. MEP/ARCH PLANS FOR DETAILS 10' WATER EASEMENTF.M. 1385PROP. 8' MAX. HT. MASONRY SCREEN WALL 25' LANDSCAPE EASEMENT ALONG FM 1385 FRONTAGE PERIMETER FRONTAGE LANDSCAPING WITH BERMING. REF. EXHIBIT G FOR DETAILS SHEET NO. 5 OF 6 TOWN OF PROSPER CASE NO. Z22-0020 EXHIBIT D WESTSIDE BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 477 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS ENGINEER / SURVEYOR KIMLEY-HORN AND ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 TELEPHONE: (972) 770-1300 TBPE NO. F-928 CONTACT: JUDD MULLINIX, P.E. OWNER / DEVELOPER WESTSIDE PROSPER, LLC 8668 JOHN HICKMAN PKWY, SUITE 907 FRISCO, TEXAS 75034 TELEPHONE: (248) 348-3818 CONTACT: SHIVA KONDRU DEVELOPER / APPLICANT CROSS ENGINEERING & ASSOCIATES, INC. 1995 RAYMOND DRIVE, SUITE 119 NORTHBROOK, ILLINOIS 60062 TELEPHONE: (847) 498-0800 CONTACT: STEPHEN CROSS 0 GRAPHIC SCALE IN FEET 502550 100 MAT C H L I N E S H E E T 5 O F 6 MAT C H L I N E S H E E T 6 O F 6 SITE NOTES 1.ALL DIMENSIONS ARE FROM THE FACE OF CURB , FACE OF BUILDING, OR PROPERTY LINE UNLESS NOTED OTHERWISE. 2.ALL CURB RADII ARE 3' UNLESS NOTED OTHERWISE. 3.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 4.HEADLIGHT SCREENING WILL BE PROVIDED IN ACCORDANCE WITH TOWN STANDARDS. LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT PROPOSED FIRE LANE EXISTING OVERHEAD POWER LINE EXISTING CABLE LINE EXISTING GAS LINE EXISTING WATER LINE EXISTING SANITARY SEWER LINE PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) PROPOSED TRANSFORMER LOCATION NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING LIGHT POLE EXISTING FIRE HYDRANT EXISTING STORM MANHOLE EXISTING SAN. SWR. MANHOLE EXISTING SIGN PROP. LANDSCAPE AREAFLFL 10 OHP CBL W SS GAS T Page 204 Item 18. vvCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLGLENBROOKE ESTATES PHASE 1 CAB. X, PG. 717 P.R.D.C.T. CRE S T W O O D D R I V E (50' R . O . W . ) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X LOT 30X D D D LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 50' B.L. PER PD-94 REMAINDER OFLOT 14,BLOCK AREMAINDER OF68.05 'N17°14'36"E409.66'S72° 4 4 ' 4 0 " E 711.5 0 'S17°14'36"W793.89'25.8' 26' 140' 24' 20' 47'10.1' 5'9.1' 30'2.9'20'24'20'20'24'20'20'24'20'20'24'20'20'24'20'20'33'20'20'30'18'24'201' 24' 18' 9.8' 30' 20'7' 43' 30' 140' 24' 34.1' 30'26'26'BFR BFR 235'30'229'LOT 1R LOT 1425' UTRWD EASEMENT DOC. NO. 2005-151100 OPRDCT PROP. COMPACTORS PROP. TRANSFORMER LOADING DOCK PROP. GAS METER PROP. UNDERGROUND DIESEL STORAGE TANK (WITHIN 50' BUILDING LINE). REF. MEP/ARCH PLANS FOR DETAILS 60'R 30'R PROP. GENERATORS. REF. MEP/ARCH PLANS FOR DETAILS PROPOSED LANDSCAPING. REF. EXHIBIT G FOR DETAILS 29'25' UTRWD EASEMENT DOC. NO. 2004-151100 OPRDCT 30'30'R20'R20'R20'R50'R3 0 'R PROP. 8' MAX. HT. MASONRY SCREEN WALL PROP. 8' MAX. HT. MASONRY SCREEN WALL 3 0'R20'R50'R54 0 'R vvvCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION6665CAUTION55CAU T I O N 6FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLKENT DRIVE (50' R.O.W.) GLENBROOKE ESTATES PHASE 1 CAB. X, PG. 717 P.R.D.C.T. CRE S T W O O D D R I V E (50' R . O . W . ) U U TT X X X X X X X X X X X X X X X X X X X X X X X X X X XXX X X X X X X X X X X X X X X X X X X X X X X DOC. P.R. D . C . T . 15' D.E. DOC. NO. 2020-55 P.R.D.C.T. LOT 30X LANDSCAPE EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. LAN D S C A P E E A S E M E N T DOC. N O . 2 0 2 1 - 2 3 5 4 7 0 O.P. R . D . C . T . LANDSCAPE EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. SIGN EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. LANDSCAPE EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. S S S D D D D D D W LOT 15, BLOCK A LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 62 LOT 61 WESTSIDE PROSPER, LLC. INST.NO. 2021-235468 O.R.D.C.T. DRAINAGE & UTILITY EASEMENT 24' FI R E L A N E , A C C E S S , DRAI N A G E & U T I L I T Y E A S E M E N T DOC. NO. 2 0 2 0 - 5 5 P.R. D . C . T . 50' B.L. PER PD-94 25' B.L. PER PD-94 WESTSIDEPROSPER, LLC.INST.NO.2021-235468O.R.D.C.T.REMAINDER OFLOT 14,BLOCK AREMAINDER OFLOT 14,BLOCK AACCESS EASEMENT DOC. NO. 2021-235470 O.P.R.D.C.T. STREET EASEMENT DOC. NO. 2020-55 P.R.D.C.T. S81°17'55" E 234.29' S72° 4 5 ' 2 4 " E 68.0 5 'N17°14'36"E409.66'S72° 4 4 ' 4 0 " E 711.5 0 'S17°14'36"W793.89'BFRBFRBFRBFR BFR LOT 18R LOT 2R LOT 1R LOT 2R LOT 15LOT 14LOT 17 LOT 1R LOT 1425' UTRWD EASEMENT DOC. NO. 2005-151100 OPRDCT PROP. COMPACTORS PROP. TRANSFORMER LOADING DOCK PROP. GAS METER PROP. UNDERGROUND DIESEL STORAGE TANK (WITHIN 50' BUILDING LINE). REF. MEP/ARCH PLANS FOR DETAILS 24'16'PROP. GENERATORS. REF. MEP/ARCH PLANS FOR DETAILS PROPOSED LANDSCAPING. REF. EXHIBIT G FOR DETAILS 25' UTRWD EASEMENT DOC. NO. 2005-151100 OPRDCT 25' UTRWD EASEMENT DOC. NO. 2004-151100 OPRDCT 25' UTRWD EASEMENT DOC. NO. 2004-151100 OPRDCT PROP. 8' MAX. HT. MASONRY SCREEN WALL PROP. 8' MAX. HT. MASONRY SCREEN WALL 25' LANDSCAPE EASEMENT ALONG FM 1385 FRONTAGE PERIMETER FRONTAGE LANDSCAPING WITH BERMING. REF. EXHIBIT G FOR DETAILS SITE NOTES 1.ALL DIMENSIONS ARE FROM THE FACE OF CURB , FACE OF BUILDING, OR PROPERTY LINE UNLESS NOTED OTHERWISE. 2.ALL CURB RADII ARE 3' UNLESS NOTED OTHERWISE. 3.THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 4.HEADLIGHT SCREENING WILL BE PROVIDED IN ACCORDANCE WITH TOWN STANDARDS. LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT PROPOSED FIRE LANE EXISTING OVERHEAD POWER LINE EXISTING CABLE LINE EXISTING GAS LINE EXISTING WATER LINE EXISTING SANITARY SEWER LINE PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) PROPOSED TRANSFORMER LOCATION NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING LIGHT POLE EXISTING FIRE HYDRANT EXISTING STORM MANHOLE EXISTING SAN. SWR. MANHOLE EXISTING SIGN PROP. LANDSCAPE AREAFLFL 10 OHP CBL W SS GAS T SHEET NO. 6 OF 6 TOWN OF PROSPER CASE NO. Z22-0020 EXHIBIT D WESTSIDE BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 477 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS ENGINEER / SURVEYOR KIMLEY-HORN AND ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 TELEPHONE: (972) 770-1300 TBPE NO. F-928 CONTACT: JUDD MULLINIX, P.E. OWNER / DEVELOPER WESTSIDE PROSPER, LLC 8668 JOHN HICKMAN PKWY, SUITE 907 FRISCO, TEXAS 75034 TELEPHONE: (248) 348-3818 CONTACT: SHIVA KONDRU DEVELOPER / APPLICANT CROSS ENGINEERING & ASSOCIATES, INC. 1995 RAYMOND DRIVE, SUITE 119 NORTHBROOK, ILLINOIS 60062 TELEPHONE: (847) 498-0800 CONTACT: STEPHEN CROSS 0 GRAPHIC SCALE IN FEET 502550 100 MAT C H L I N E S H E E T 5 O F 6 MAT C H L I N E S H E E T 6 O F 6 Page 205 Item 18. (a.k.a. W. University Drive) variable width R.O.W.var. width R.O.W.(a.k.a. W. University Drive) variable width R.O.W.CAUTIONCAUTI O N CAUTI O N CAUTIONCAUT I O N CAUTIONCAUT I O N CAUTIONCAUTI O N CAUTIONvvvCAUTIONCAUTIONCAUTIONCAUTI O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUT I O N CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONWestSide Prosper, LLC 8668 John Hickman Pkwy., Suite 907 Frisco, Texas 75034 Telephone (248) 345-3818 Contact: Shiva Kondru S N W E LOCATION MAP 1" = 2000' PROJECT LOCATION TOWN OF PROSPER CASE NO. Z22-0020 Exhibit E-2 WestSide BEING 63.737 ACRES OF LAND (GROSS) 63.017 ACRES (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS Cross Engineering & Associates, Inc. 1995 Raymond Drive, Suite 119 8668 John Hickman Pkwy., Suite 907 Northbrook, IL 60062 Telephone (847) 498-0800 Contact: Stephen Cross Page 206 Item 18. Z22-0020 EXHIBIT E DEVELOPMENT SCHEDULE WESTSIDE The phasing and development of this project is dependent upon both market conditions and the individual developers’ timing. The anticipated schedule for the buildout will likely include a division of developmental increments. Upon commencement of development, the project construction is expected to require between 1 8 and 60 months. See Exhibit E2 for a graphic depiction. Phase I A: The central core of the property includes an extended stay hotel plus individual pads inside the retail development. Vehicular access to the property will mostly be included in this phase. Depending on the schedule of the multi- family developer. Phase IB could be developed in conjunction with Phase I A. Phase IB: Consists of multi-family development. Phase 2: The second phase of a two phase commercial development, including the big box retail uses to the west of the planned development area. The fuel pumps accessory use of the Big Box Retail will be developed in two (2) increments to allow for future planned expansion dependent on market conditions. The remote parking lot adjacent to the fuel pumps as shown on Exhibit D will also be developed as a separate increment of phase 2 parking. Page 207 Item 18. JANUARY 2023 22-5585-01 PROSPER, TX EXHIBIT F - BIG BOX ELEVATIONS 31 2 4 33’-10” T.O CORNICE 32’-2” T.O COPING 31’-8” T.O CORNICE 31’-4” T.O COPING 32’-2” T.O COPING 30’-6” T.O COPING 31’-0” T.O CORNICE 6’-0” AFF 29’-6” T.O COPING 28’-10” T.O COPING 29’-2” T.O COPING 8’-8” 8’-8” 8’-8”8’-8” 8’-8” 10’-0” 10’-0” 10’-0” 28’-10” T.O COPING30’-9” T.O COPING 32’-0” T.O CORNICE 29’-2” T.O COPING 30’-6” T.O COPING 31’-0” T.O COPING 1 WEST ELEVATION SCALE: 1” = 40’ 2 SOUTH ELEVATION SCALE: 1” = 40’ 3 EAST ELEVATION SCALE: 1” = 40’ 4 NORTH ELEVATION SCALE: 1” = 40’ SPLIT FACE CMU -“BROWN” SPLIT FACE CMU -“BROWN” METAL BAND -“RED” DOOR TO MATCH ADJACENT COLOR SPLIT FACE CMU -“BROWN” NATURAL LIMESTONE -“BUFF / GOLD” SPLIT FACE CMU -“BROWN” COMPACTOR WALL -“NATURAL CONCRETE” SCREEN WALL -“NATURAL CONCRETE” SPLIT FACE CMU -“BROWN” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” OVERHEAD DOORS -“MEDIUM BRONZE” STRUCTURAL BRICK -“RED / BROWN” STRUCTURAL BRICK -“RED / BROWN” STRUCTURAL BRICK -“RED / BROWN” STRUCTURAL BRICK -“RED / BROWN” VERTICAL RIBBED ARCHITECTURAL METAL PANEL - “METALLIC CHAMPAGNE” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE”VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” EMBOSSED / FLAT ARCHITECTURAL METAL PANEL -“SANDSTONE” EMBOSSED / FLAT ARCHITECTURAL METAL PANEL -“SANDSTONE” EMBOSSED / FLAT ARCHITECTURAL METAL PANEL -“SANDSTONE” AREA OF BUILDING SIGNAGE AREA OF BUILDING SIGNAGE AREA OF BUILDING SIGNAGE Page 208 Item 18. OCTOBER 2022 22-5585-01 PROSPER, TX CONCEPT FUEL ELEVATIONS JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1 NORTH AND SOUTH ELEVATIONS SCALE: NTS 2 EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4 CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1 NORTH AND SOUTH ELEVATIONS SCALE: NTS 2 EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4 CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4ACOSTCO WHOLESALE2’-6” x 8’-7”21 SF 84 SF IDENTITYSIGNSIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A CANOPY SIGN 8’-6 5/8” X 2’-5 ¼”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF ENTRANCE SIDE EXIT SIDE 1 CANOPY AND DISPENSER ELEVATION (NORTH/SOUTH) SCALE: 1/8” = 1’ 2 CANOPY AND DISPENSER ELEVATION (EAST/WEST) SCALE: 1/8” = 1’ 3 CONTROLLER ENCLOSURE EXTERIOR ELEVATIONS SCALE: 1/8” = 1’ A SIGN LIGHT BAR, CENTERED ON ALL FOUR SIDES” A 1 2 3 ENTRANCE SIDE 4 4 CANOPY SIGNS SCALE: 1/4” = 1’ JANUARY 2023 22-5585-01 PROSPER, TX EXHIBIT F - FUEL FACILITY ELEVATIONS AREA OF BUILDING SIGNAGE AREA OF BUILDING SIGNAGE Page 209 Item 18. 100'-0"FINISH FLOOR112'-7"T. O. GLAZING115'-8"T. O. GLAZING123'-0"T.O. COPING126'-8"T. O. COPING126'-8"T. O. COPING123'-0"T. O. COPING115'-8"T. O. GLAZING112'-7"T. O. GLAZING100'-0"FINISH FLOOR119'-7"T. O. COPING119'-7"T.O. COPINGBRICK VENEERWOOD-BASED HIGH PRESSURE LAMINATESTONEWOOD FRAME CANOPYBUILDING MOUNTED SIGNAGE ZONEMETAL OVERHANG100'-0"FINISH FLOOR112'-7"T. O. GLAZING115'-8"T. O. GLAZING123'-0"T.O. COPING126'-8"T. O. COPING126'-8"T. O. COPING123'-0"T. O. COPING115'-8"T. O. GLAZING112'-7"T. O. GLAZING100'-0"FINISH FLOOR119'-7"T. O. COPING119'-7"T.O. COPINGBRICK VENEERWOOD-BASED HIGH PRESSURE LAMINATESTONEWOOD FRAME CANOPYMETAL OVERHANGMETAL SCONCE LAMPMETAL SCONCE LAMPMETAL COPINGMETAL COPING100'-0"FINISH FLOOR112'-7"T. O. GLAZING115'-8"T. O. GLAZING123'-0"T.O. COPING126'-8"T. O. COPING119'-7"T.O. COPING126'-8"T. O. COPING123'-0"T. O. COPING115'-8"T. O. GLAZING112'-7"T. O. GLAZING100'-0"FINISH FLOOR119'-7"T. O. COPING126'-8"T. O. COPING123'-0"T. O. COPING115'-8"T. O. GLAZING112'-7"T. O. GLAZING100'-0"FINISH FLOOR119'-7"T. O. COPING100'-0"FINISH FLOOR112'-7"T. O. GLAZING115'-8"T. O. GLAZING123'-0"T.O. COPING126'-8"T. O. COPING119'-7"T.O. COPINGMETAL SCONCE LAMPWOOD CANOPYBRICK VENEERBRICK VENEERSTONESTONEWOOD-BASED HIGH PRESSURE LAMINATECLEAR STOREFRONTCLEAR STOREFRONTCLEAR STOREFRONTCLEAR STOREFRONTBUILDING MOUNTED SIGNAGE ZONEBUILDING MOUNTED SIGNAGE ZONEBUILDING MOUNTED SIGNAGE ZONEBUILDING MOUNTED SIGNAGE ZONEBUILDING MOUNTED SIGNAGE ZONEJob #:File Name:Date:Drawn by:For Staff Use2808 Fairmount Street,Suite 300Dallas, Texas 75201 |214.303.15003300 West 7th Street,Suite 110Fort Worth, Texas 76107 |817.303.1500Owner:GF3 Partnership, LLCContact: Michael C. Fannin15700 State Highway 121Frisco, Texas 75035972.747.9233mcfannin@gmail.com17173.02RestaurantRetailElevations_2018-0928.dwg 09/28/18BEM, LA, PAEXHIBIT "F"US 380 / FM 1385 NECProsper, Texas63.905 AcresFACADE MATERIAL ANALYSIS01 EAST ELEVATIONMATERIAL AREA (SF) %BRICK VENEER122046.90%WOOD-BASED HIGH PRESSURE LAMINATE50919.60%STONE87333.60%TOTALS*2602100.00%*GLAZING NOT INCLUDED02 WEST ELEVATIONMATERIAL AREA (SF) %BRICK VENEER122047.50%WOOD-BASED HIGH PRESSURE LAMINATE51119.90%STONE83932.60%TOTALS*2570100.00%*GLAZING NOT INCLUDED03 NORTH ELEVATIONMATERIAL AREA (SF) %BRICK VENEER1474100.00%WOOD-BASED HIGH PRESSURE LAMINATE00.00%STONE00.00%TOTALS*1474100.00%*GLAZING NOT INCLUDED04 SOUTH ELEVATIONMATERIAL AREA (SF) %BRICK VENEER16110.70%WOOD-BASED HIGH PRESSURE LAMINATE18612.40%STONE115776.90%TOTALS*1504100.00%*GLAZING NOT INCLUDED13/32"=1'-0"EAST ELEVATION23/32"=1'-0"WEST ELEVATION33/32"=1'-0"NORTH ELEVATION43/32"=1'-0"SOUTH ELEVATIONNOTES1This Conceptual Elevation is for conceptual purposes only. All building plans require review and approval from theBuilding Inspection Division.2All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance3When permitted, exposed utility boxes and conduits shall be painted to match the building.4All signage areas and locations are subject to approval by the Building Inspection Department.5Windows shall have a maximum exterior visible reflectivity of (10) percent.0 10'-8" 21'-4" 42'-8"3/32" = 1'-0"MATERIALSTABLEMAS 1MAS 2WOOD 1Page 210Item 18. Page 211 Item 18. 1. RENDERING AND ELEVATIONS ON SHEETS R-2, R-3, AND R-4 ARE REPRESENTATIVE. THE BUILDING DO NOT EXACTLY REFLECT THOSE OF THE PROPOSED PROJECT, BUT ARE INDICATIVE OF DESIGN INTENT AND SIMILAR CONDITIONS. REAR/INTERIOR ELEVATION REAR/INTERIOR ELEVATION R-2 R-2 Page 212 Item 18. 1 1. RENDERING AND ELEVATIONS ON SHEETS R-2, R-3, AND R-4 ARE REPRESENTATIVE. THE BUILDING DO NOT EXACTLY REFLECT THOSE OF THE PROPOSED PROJECT, BUT ARE INDICATIVE OF DESIGN INTENT AND SIMILAR CONDITIONS. FRONT ELEVATION FRONT ELEVATION R-3 R-3 Page 213 Item 18. 1 2 1. RENDERING AND ELEVATIONS ON SHEETS R-2, R-3, AND R-4 ARE REPRESENTATIVE. THE BUILDING DO NOT EXACTLY REFLECT THOSE OF THE PROPOSED PROJECT, BUT ARE INDICATIVE OF DESIGN INTENT AND SIMILAR CONDITIONS. FRONT ELEVATION FRONT ELEVATION R-4 R-4 Page 214 Item 18. EETGTTTUTEUTEETXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXSSSSSSSSSSSSSSSSSSSSSSSSSSDDDDDDDDDDDDDDDDDDDDDDDWWWWWWWWWWWWWWWS81°17'55"E234.29'S72°45'24"E68.05'N17°14'36"E 409.66'S72°44'40"E711.50'S17° 1 4 ' 3 6 " W 793.8 9 ' S0°55'40"W 156.85'N89°04'20"W717.79'N0°55'40"E 166.14'N89°04'20"W224.66'N5°28'07"E 72.52'R=5669.58'∆=3°15'00"L=321.60'CB=N7°05'37"EC=321.55'N8°43'07"E 220.34'vv vCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION CAUTIONCAUTIONCAUTIONCAUTION CAUTIONCAUTION CAUTIONCAU T I O N CAUTIONCAUT I O N CAUTIONCAUTIONCAUTIONCAUTION CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAUTIONCAUTIONFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL F FL FL FL FLFL FL FL FLFLFLFLFLFLFLFLFLFLFLW. UNIVERSITY DRIVE (US-380)FM 1385 LANDSCAPE CALCS (BIG BOX RETAIL SITE):CONCEPTUAL TREE LEGEND040'80'160'1" = 80'-0"CONCEPT LANDSCAPE PLANEXHIBIT "G"P R O S P E R , T E X A SF E B R U A R Y 3 , 2 0 2 3FEBRUARY 3, 2023CONCEPTLANDSCAPE PLANPage 215Item 18. Z22-xxxx 0020 EXHIBIT B STATEMENT OF INTENT AND PURPOSE WESTSIDE 1. Statement of Intent A. Overall Intent The purpose of this project is to create a walkable urban neighborhood using a horizontal mix of uses. Access to shopping, housing, community retail and park land promotes a quality of life that nurtures the public health, safety, comfort, convenience, prosperity and general welfare of the immediate community, as well as to assist in the orderly and controlled growth and development of the land area described within this document. The overall intent of the proposed Planned Development amendment is to change the western portion of Tract B-Multi-Family District to Tract A-Retail District, and to modify the site plan accordingly to accommodate a Big Box retail use. B. Description of Property The subject property comprises approximately 64 acres of vacant land at the northeast comer of U.S. Highway 380 and F.M. 1385 in Prosper, Texas. It is additionally bounded by the Glenbrooke single family neighborhood to the north and Doe Branch Creek to the east. An existing trail exists along the property’s north boundary and currently serves the adjacent single family neighborhood. This trail may extend into the Doe Branch drainage system and be part of the larger Town of Prosper Trails Plan. C. Description of Proposed Property The subject property as depicted in Exhibit “D” has been divided into two distinct sub-districts. The purpose of sub-district development standards described in Exhibit “C” is to define the character of new development within each sub-district. They have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. Given that the subject property resides at the hard comer of two major thoroughfares and will serve as a gateway to the Town of Prosper, a portion of land with a size yet to be determined, will be set aside as a signage easement for a Town gateway sign near the intersection of U.S. 380 and F.M. 1385. 2. Current Zoning and Future Land Uses A. Current Zoning The subject property is zoned Planned Development District 94 Westside (PD-94) (Ordinance 18-108, and amended Ordinance 2022-20). B. Future Land Use Plan The Future Land Use Plan retains the current zoning of Planned Development District 94 Westside (PD-94), reconfigures the sub-districts (Tract A and Tract B) and adjusts the arrangement of uses within Tract A to accommodate Big Box Retail. The corresponding base zoning for Tract A Retail District is R-Retail (Non-Residential District) and the corresponding base zoning for Tract B Multifamily District is MF- Multifamily (Residential District). Together Tract A and Tract B comprise uses such as big box retail and accessory uses, restaurants, retail stores and shops, hotels, banks, gas/convenience, residential and open space. Page 216 Item 18. Z22-xxxx 0020 EXHIBIT C DEVELOPMENT STANDARDS WESTSIDE 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. A landscape plan including all requirements conforming to Town ordinances and standards, except as otherwise set forth in these Development Standards, shall be provided along with the Preliminary Site Plan/Preliminary Plat, Site Plan/Final Plat, and Civil Plans. Tract A — Retail District Al . Except as noted below, the Tract shall develop in accordance with the Retail District base zoning as it exists or may be amended. A2. Uses. Uses shall be permitted in accordance with the Retail District with the exception of the Following: Permitted Uses 1. Restaurant (with Drive-Through) a. A restaurant with drive-through shall be permitted by right in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. A maximum of three (3) noncontiguous drive-through restaurants shall be permitted along US 380, and a maximum of one (1) drive-through restaurants shall be permitted along FM 1385, as shown on Exhibit D. 2. Hotel, Extended Stay a. An extended stay hotel shall be permitted by right on the subject property, as shown on Exhibit D, on either Lot 15 or Lot 16, and shall otherwise be permitted in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. 3. Big Box Retail a. Big Box Retail shall be permitted by right on the subject property, as shown on Exhibit D, and shall otherwise be permitted in accordance with the Conditional Development Standards, as outlined in the Zoning Ordinance. b. Big Box Retail includes the following accessory uses permitted by right on the subject property, as shown on Exhibit D, and shall otherwise be permitted in accordance with the Conditional Development Standards, as outlined in the Zoning Ordinance. i. Wholesale and retail general merchandise and grocery sales; ii. Discount club member services including pharmacy, optical and hearing professional services and sales; iii. Restaurant; iv. Tire center including the sale and installation of tires; v. Fuel pumps dispensing gasoline and other fuels located on the Big Box Retail lot or a lot abutting the associated Big Box retail building. The pumps shall be operated as an accessory use to the Big Box Retail; vi. Loading dock shall be setback a minimum of one hundred fifteen feet (115’) from adjacent residential land use, as shown on Exhibit D. 4. Alcoholic Beverage Sales and Beer sales are permitted. 5. The outdoor display (adjacent to the building entry) of one (1) new automobile associated with a Big Box Retail discount club member online automobile sales program. This display is permitted by right without time limitation on the subject property in one (1) location immediately adjacent to the main entrance to the Big Box building as shown on Exhibit D and shall otherwise be permitted in accordance with the Conditional Development Standards, as outlined in the Zoning Ordinance. 6. Drive aisle in front of Big Box Retail building permitted without traffic calming features. 7. Vehicular access to Big Box Retail area may use mountable driveway medians to allow for truck turning radii. Page 217 Item 18. Prohibited Uses: 1. Athletic Stadium or Field, Public 2. Automobile Parking Lot/Garage 3. Automobile Paid Parking Lot/Garage 4. Recycling Collection Point 5. School District Bus Yard A3. Regulations. Regulations shall be permitted in accordance with the Retail District with the exception of the following: 1. Hotel, Extended Stay a. Maximum height of Five (5) stories, no greater than seventy-five (75) feet. b. Minimum height of four (4) stories. 2. Fuel pumps that are an accessory use of Big Box Retail shall be located within eight hundred feet (800’) of the right-of-way lines of intersecting major thoroughfares. 2.3. Size of yards shall be in accordance with Exhibit D. A4. Design Guidelines 1 . Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. b. Detailed Facade Plans conforming to the Conceptual Elevations shall be submitted for each building including Big Box retail at the time of Site Plan, subject to approval by the Planning & Zoning Commission. Facade Plans for the Extended Stay Hotels use shall also be subject to Town Council approval. 2. Architectural Standards (except for Big Box Retail) a. At least eighty percent (80%) of each building’s facade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick or stone) b. For retail/restaurant uses, no more than thirty percent (30%) of each facade elevation shall use wood-based high pressure laminate (i.e. Prodema, Trespa, CompactWood), as shown on Exhibit F. c. No more than fifteen percent (15%) of each facade elevation may use a combination of accent materials such as cedar or similar quality decorative wood, architectural metal panel, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. d. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, marquees and roof forms whose area in plan is no greater than fifteen percent (15%) of the ground floor footprint may exceed the height limits by up to ten feet (10’). e. No single material shall exceed eighty percent (80%) percent of an elevation area. A minimum of twenty percent (20%) of the front facade and all facades facing public right-of- way shall be natural or manufactured stone. A minimum of ten percent (10%) of all other facades shall be natural or manufactured stone. f. All buildings shall be designed to incorporate a form of architectural articulation every thirty feet (30’), both horizontally along each wall’s length and vertically along each wall’s height. Acceptable articulation may include the following: i. Canopies, awnings, or porticos; ii. Recesses/projections; iii. Arcades; iv. Arches; v. Display windows, including a minimum sill height of thirty (30) inches; vi. Architectural details (such as tile work and moldings) integrated into the Page 218 Item 18. building facade; vii. Articulated ground floor levels or base; viii. Articulated cornice line; ix. Integrated planters or wing walls that incorporate landscape and sitting areas; x. Offsets, reveals or projecting rib used to express architectural or structural bays; or xi. Varied roof heights; gf. All buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features. hg. Commercial buildings with facades greater than two hundred feet (200’) in length shall incorporate wall plane projections or recesses that are at least six feet (6’) deep. Projections/recesses must be at least twenty five percent (25%) of the length of the facade. No uninterrupted length of facade may exceed one hundred feet (100’) in length. 3. Architectural Standards for Big Box Retail a. At least 15 percent (15%) of each building’s facade (excluding doors and windows) shall be finished in one of the following materials: Masonry (structural brick, block or stone) as shown on Exhibit F. b. Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. c. No single specific material shall exceed eighty percent (80%) percent of an elevation area. d. Natural stone accents are encouraged at the building entry. e. Big Box buildings shall be designed to incorporate changes in material, color or finish every two hundred (200’) horizontally to help reduce the perceived scale of the building. Other acceptable articulation may include the following: i. Canopies, awnings, or porticos to accentuate the main building entry; ii. Variation in the parapet or cornice level; iii. Change in material vertically along the base of the building and/or structural brick patterning accents to provide interest; iv. Use of a coordinated cohesive palette of materials that offer a variety in finish, texture, and color; f. All elevations of the building shall be architecturally finished with the same cohesive palette of materials; g. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint. h. No interrupted length of façade shall exceed two hundred fifty feet (250’) in length without change in material or articulation. i. At least sixty percent (55%) of each building’s façade (excluding doors and windows) shall be finished in energy efficient materials including insulated architectural ribbed metal panels and embossed insulated metal panels as shown on Exhibit F. 4. Windows and Doors a. Except for Big Box Retail, All ground floor front facades of buildings along streets or public ways with on-street parking or that face directly onto Open Space and contain non- residential uses shall have transparent storefront windows covering no less than thirty percent (30%) of the facade area. Hotels shall have no less than ten percent (10%) of the facade. b. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is only permitted above the first story. Windows shall have a maximum exterior visible reflectivity of thirty percent (30%). 5. Awning, Canopies, Arcades, and Overhangs (Except for Big Box Retail) a. Awnings shall not be internally illuminated. b. Canopies shall not exceed one hundred linear feet (100’) without a break of at least five feet (5’). c. Awnings and canopies shall not extend beyond ten feet (10’) from the main building facade. A5. Additional Standards 1. Open Space a. Urban Open Space i. An oOpen space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of Page 219 Item 18. one (1) acre of useable land area that will serve as a linearthe central park to the commercial development consisting of a pedestrian pathway with seating areas and enhanced landscaping.. A minimum of one (1) pedestrian connection shall be required from this linear open space the Urban Open Space to the Rural Open Space.; a minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Glenbrooke neighborhood via Kent Drive. Gates and/or fencing on any pedestrian or vehicular way accessing Kent Drive shall be prohibited. ii. The urban park linear open space shall be constructed at the time of construction of Phase 1A.prior to any construction of Phase IB. The urban park linear open space shall be constructed at the developer’s cost. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of Phase IBPhase 1A. The hike and bike trail system shall be constructed at the developer’s cost. iv. The Kent Drive right-of -way improvements (outside the Planned Development District) as shown conceptually on Exhibit G, shall be constructed at the time of Phase 1A and at the developer’s cost per a separate license agreement. b. Rural Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c. Combined usable open space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. 2. Landscape Screening and Buffering The Retail District and shall be visually screened and/or buffered to provide a visual barrier between the residential land use to the north and the Planned Development District. The location and type of the screening and/or buffer shall be as prescribed in this section and conceptually depicted on Exhibits D and G. No screening wall, fence, shrubs, or trees shall be planted within the twenty-five (25) foot Upper Trinity River Water District (UTRWD) easement extending along the northern boundary of the Planned Development District. a. A solid screening wall or fence eight (8) feet in height shall be erected to provide a visual barrier separating these uses. The purpose of the screening wall or fence is to provide a visual barrier between the properties. The screening wall shall be constructed of suitable permanent materials such as concrete masonry units, poured in place concrete, tilt-up concrete or concrete panels, which do not contain openings constituting more than forty (40) square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. The screening wall shall be equally finished on both sides of the wall. i. Irrigated Quercus virginiana or approved equivalent trees (minimum three (3) inch caliper) spaced no more than thirty (30) feet on center located the length of the screen wall where feasible for the space provided as shown on Exhibits D and G, shall be planted adjacent to and south of the eight (8) foot in height screening wall or fence. ii. A two (2) foot area for vehicle overhang shall be demarcated on landscape plans and maintained along all adjacent parking stalls. iii. Where the Big Box retail building is adjacent to the northern boundary, irrigated Quercus virginiana or approved equivalent trees (minimum three (3) inch caliper) shall be spaced no more than thirty (30) feet on center adjacent to and south of the eight (8) foot in height screening wall or fence to screen the loading area and service drive. iv. At the Big Box retail building loading dock a masonry screening wall extending the length of the loading area and six (6) feet in height above finished grade on the north side of the wall shall be provided. ab. A thirty-foot (30’) foot wide landscape easement shall be required along roadways when an adjacent building sides or backs the road except at the Big Box Retail retail service drive along north side of building where landscape easementa screen wall and landscape area areis provided between the Page 220 Item 18. service drive and the adjacent residential land use as shown on Exhibits D and G. The landscape buffer shall consist of a minimum three- foot (3’) foot berm, except at Big Box Retail. bc. A minimum of twenty feet (20’) width of this landscape easement shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. None of the required trees and/or shrubs shall be located within any utility easement. cd. A minimum ten-foot (10’) wide landscape buffer is required adjacent to Rural Open Space. e. Berming shall be required extending the length of the side of the Big Box retail building and loading dock adjacent the residential land use, as shown in Exhibit G. Along the boundary of the Retail District and the residential zone to the north, an irrigated living screen to provide a visual barrier between these uses shall be provided in lieu of a solid screening wall or fence as follows: An irrigated living screen consisting of a double row of hardy evergreen trees within a landscaped edge shall extend the length of the side of the Big Box retail building and loading dock adjacent the residential land use, as shown in Exhibit G. In addition, as shown on Exhibit D, a concrete screen wall at the loading dock shall extend the length of a parked truck at the dock. The height of this wall shall be 9’-6” above finished grade on the north side facing the residential land use and the finished grade on the south side of the wall shall be depressed four (4’) at the loading dock, thus fully screening parked trucks from the residential zone, as shown on Exhibit F. An irrigated living screen providing visual screening equivalent to a solid screening wall or fence six feet in height shall be provided where the parking field of the Big Box retail lot or another lot abuts the residential zone to the north.A thirty (30) foot wide landscape easement shall be provided along US 380 and a minimum twenty-five (25) foot wide landscape easement shall be provided along FM 1385. These landscape easements should be exclusive of other easements and restrictions which could inhibit landscaping where feasible. Sidewalks and trails required by the Town are allowed in this easement. Berms ranging in height from three feet (3’) to six feet (6’), and an overall minimum average of four and a half feet (4.5’) in height, shall be provided along US 380 and FM 1385. Berm height may be reduced where the accommodation of a meandering ten (10) foot wide hike and bike trail limits feasible berm height in some locations. 3. Lot Frontage a. Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking Requirement a. Hotel, Extended Stay: One (1) parking space, equivalent to seventy-five percent (75%) of the total number of rooms/keys provided. Parking spaces for Lots 15 and 16 may be shared, provided the minimum requirements per the zoning ordinance and herein are met. 5. Gas Pumps Development Standards a. Canopies may be flat if clad with materials that are compatible and cohesive with materials and accent colors used on the associated large-scale retail building. b. Canopy support columns shall be clad with materials compatible and cohesive with the associated large-scale retail building. c. Raised planters shall not be required at both ends of pump islands. 6. Town of Prosper monument gateway sign will be installed on the corner of US 380 and FM 1385 as shown on Exhibits D and G. 7. Landscape requirements for Big Box retail only a. No more than 15 parking spaces (excluding designated cart return corrals) permitted in a continuous row without being interrupted by a landscaped island. Minimum square feet of landscape islands as delineated by locations of concrete step-offs abutting back of curb adjacent to parking stalls shall be as shown on Exhibits D and G. b. Landscaped islands shall be located at the terminus of all parking rows except for the two (2) rows at the truck maneuver area at the Big Box retail loading dock as shown on Exhibits D and G. c. Foundation planting configuration and plant material sizing for Big Box retail shall be as shown on Exhibit G. Page 221 Item 18. 8. There shall be no vehicular connection to Kent Drive. Tract B — Multifamily District B 1. Except as noted below, the Tract shall develop in accordance with the Multifamily District base zoning as it exists or may be amended. B2. Multifamily Construction 1. For Phase IB, as shown on Exhibit E2, which consists of a maximum of 243 units, construction may not commence until construction of the first floor framing has begun on the restaurant/retail building as shown on Lot 8 on Exhibit D and the Extended Stay Hotel on either Lot 15 or Lot 16 on Exhibit D. B3. Regulations. Regulations shall be permitted in accordance with the Multifamily District with the exception of the following: 1. Maximum Number of Units: Two hundred and forty-three (243) units. 2. Maximum Height: a. Two (2) stories, no greater than forty feet (40’) for buildings within one hundred (100) feet of a single family zoning district. b. Three (3) stories, no greater than fifty feet (50’). c. Four (4) stories, no greater than sixty-five feet (65’). 3. Size of Yards a. In accordance with Exhibit D. 4. Minimum Dwelling Area a. One (1) bedroom: 650 square feet b. Two (2) bedroom: 925 square feet c. Three (3) bedroom: 1,150 square feet 5. Lot Coverage: Maximum fifty percent (50%) B4. Design Guidelines 1. Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. b. Detailed Facade Plans conforming to the Conceptual Elevations shall be submitted for each building at the time of Site Plan, subject to approval by the Planning & Zoning Commission. 2. Architectural Standards a. At least eighty percent (80%) of each building’s facade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick and stone). b. No more than fifteen percent (15%) of each facade elevation shall use a combination of accent materials such as cedar or similar quality decorative wood, fiber cement siding, resin- impregnated wood panel system, cementitious-fiber clapboard (not sheet) with at least a fifty (50) year warranty, architectural metal panel, split-face concrete block, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. c. Any enclosed one or two-car garage shall be designed and constructed of the same material as the primary building. B5. Additional Standards 1. Open Space a. Urban Open Space i. An oOpen space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of one (1) acre of useable land area that will serve as a linear the central park to for the Page 222 Item 18. commercial development consisting of a pedestrian pathway with seating areas and enhanced landscaping. A minimum of one (1) pedestrian connection shall be required from this linear open space the Urban Open Space to the Rural Open Space.; a minimum of one (1 ) pedestrian connection shall be required from the Urban Open Space to the Glenbrooke neighborhood via Kent Drive. Gates and/or fencing on any pedestrian or vehicular way accessing Kent Drive shall be prohibited. ii. The urban park linear open space shall be constructed at the time of construction of Phase 1A . prior to any construction of Phase IB. The urban park linear open space shall be constructed at the developer’s cost. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of Phase IBPhase 1A. The hike and bike trail system shall be constructed at the developer’s cost. b. Rural Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c. Combined Urban Open Space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. d. Kent Drive right-of-way improvements (outside the Planned Development District) must be completed and accepted by the Town in accordance with a separate approved license agreement prior to release of construction for any mulit-family development. e. A Property Owners Association (POA) must be established before acceptance of any development within the Planned Development District. The POA shall be responsible for ownership and maintenance of all open space, trail heads, and all other similar spaces. Developer shall submit POA documents for review to the Town prior to recording at the County. The ownership and maintenance of the Kent Drive right-of- way open space (outside the Planned Development District) shall be in accordance with a separate license agreement between the Town and the developer. 2. Landscape Screening and Buffering The Multifamily District and shall be visually screened and/or buffered to provide a visual barrier between the residential land use to the north and the Planned Development District. The location and type of the screening and/or buffer shall be a modified irrigated living screen as prescribed in this section and depicted on Exhibit G. No shrubs, or trees shall be planted within the twenty-five (25) foot Upper Trinity River Water District (UTRWD) easement extending along the northern boundary of the Planned Development District. a. Living Screen: a thirty-three (33) foot wide landscape easement which includes the existing twenty- five (25) foot wide UTRWD easement shall be required along the entire northern boundary of the Planned Development District. Within this landscape easement, eight (8) feet in width shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. No required trees or shrubs shall be located within any utility easement; however, shrubs may be planted on the utility easement line. i. A two (2) foot area for vehicle overhang shall be demarcated on landscape plans and maintained along all adjacent parking stalls. ii. Within the landscape easement along the entire northern boundary of the Planned Development District, an irrigated modified living screen shall provide a partial visual barrier between these uses in lieu of a solid screening wall or fence as follows: An irrigated modified living screen consisting of a row of Quercus virginiana or approved equivalent trees (minimum three (3) inch caliper) spaced no more than thirty (30) feet on center interspersed with groupings of three (3) staggered Ilex x ‘Nellie R. Stevens’ or approved equivalent (forty-five (45) gallon minimum container size and eight (8) feet minimum height at planting) spaced no more than six (6) feet on center. a. As depicted on the Landscape Plan (Exhibit G), two (2) rows of minimum three inch (3”) caliper trees every fifty feet (50’) on center, offset, shall be planted along the northern property line. Page 223 Item 18. b. A minimum of twenty feet (20’) of landscape easement shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. None of the required trees and/or shrubs shall be located within any utility easement, except for the twenty-five foot (25’) UTRWD utility easement that currently resides immediately south of the property’s north property line. c. A minimum ten-foot (10’) landscape buffer is required adjacent to Rural Open Space. 3. Lot Frontage a. Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking a. Minimum “Off-Street” Parking. For the purpose of this ordinance, off-street parking shall mean any parking not located immediately adjacent to and along public drives (i.e. parallel parking) used for internal circulation throughout the development. i. One (1) and two (2) bedroom units: 1 .8 parking spaces per unit. ii. Three (3) bedroom units: 2.0 parking spaces per unit. b. Tandem parking shall count towards the parking provided for each designated tract or phase that the parking resides within. c. Surface parallel parking that is provided along interior drives shall count towards the parking provided for each designated tract or phase that the parking resides within. 5. The provisions of Chapter 4, Section 9.142.6D (Non-Residential and Multifamily Development Adjacent to a Major Creek) shall apply to the proposed development. 6. The provisions of Chapter 4, Section 9.162.6A.6 (Residential Open SpaceLandscape Area Requirements) shall apply to the proposed development. 7. The provision of Chapter 4, Section 9.1 7 (Multifamily Site Design) shall not apply to the proposed development. 8. There shall be no vehicular connection to Kent Drive. Page 224 Item 18. Z22-0001 0020 EXHIBIT E DEVELOPMENT SCHEDULE WESTSIDE The phasing and development of this project is dependent upon both market conditions and the individual developers’ timing. The anticipated schedule for the buildout will likely include a division of developmental increments. Upon commencement of development, the project construction is expected to require between 1 8 and 60 months. See Exhibit E2 for a graphic depiction. Phase I A: The central core of the property includes an extended stay hotel plus individual pads inside the retail development. Vehicular access to the property will mostly be included in this phase. Depending on the schedule of the multi- family developer. Phase IB could be developed in conjunction with Phase I A. Phase IB: Consists of multi-family development. Phase 2: The second phase of a two phase commercial development, including the big box retail uses to the west of the planned development area. The fuel pumps accessory use of the Big Box Retail will be developed in two (2) increments to allow for future planned expansion dependent on market conditions. The remote parking lot adjacent to the fuel pumps as shown on Exhibit D will also be developed as a separate increment of phase 2 parking. Page 225 Item 18. Page 226 Item 18. Page 227 Item 18. Page 228 Item 18. Page 1 of 8 To: Mayor and Town Council From: David Soto, Planning Manager Through: Mario Canizares, Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Zoning PD Pradera Town Council Meeting – February 28, 2023 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 34.7± acres from Commercial District (C) to a new Planned Development for Mixed Use, located northside of Prosper Trail and west of Dallas Parkway. (Z22-0019) 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 Commercial District (C) Undeveloped Dallas North Tollway District North Commercial District (C) Undeveloped Dallas North Tollway District East Commercial Corridor District (CC) Undeveloped Dallas North Tollway District South Commercial Corridor District (CC) Undeveloped Dallas North Tollway District West Planned Development-36 (PD36) Single Family Residential (Legacy Garden) Medium Density Residential Prosper is a place where everyone matters. PLANNING Page 229 Item 19. Page 2 of 8 Requested Zoning The purpose of this request is to rezone Commercial District (C) to a new Planned Development for Mixed Use. The applicant is proposing a mixed used development with 2 sub-districts as shown below. The proposed sub-districts are neighborhood and highway sub-districts. The neighborhood sub-district (9± acres) is to provide for a variety of developments in a suburban type setting which will provide residential units and supporting retail space. The subdistrict is adjacent to Shawnee Trail is acting as a buffer and transition toward the residential across Shawnee with less intense uses, additional setbacks and reduced height. The highway sub-district (25± acres) is to encourage the creation of a pedestrian-oriented, vertically integrated, mixed-use, urban environment, providing shopping, employment, housing, business, and personal services. This sub-district promotes an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community using urban design principles; and allowing developers flexibility in land use and site design. Page 230 Item 19. Page 3 of 8 Many of the development standards, located in Exhibit C, conform to the Town’s Zoning Ordinance. Due to the proposed development’s unique design and the property being located along the Dallas North Tollway, the applicant is proposing detailed development and design standards, some of which deviate from the Zoning Ordinance. The applicant has made some recent modifications that include triggers, multifamily units/ condominiums specifications, mixed use details, a list of prohibited uses, and other minor modifications. The proposed standards that are unique to the property are summarized below and does not contain all standards: High Density Residential Development – The highway sub-district is proposing to have a maximum allowance of 835 units through the highway sub-district. Seventy-five percent (75%) of allowed residential units shall be developed as apartments and the other twenty-five percent (25%) of allowed residential units shall be developed as condominiums (for sale products). A minimum of 50% of the first-floor square footage of all buildings containing residential units shall be used for non-residential uses. Within those non-residential uses, a minimum of 30% shall be for retail use. Town-wide Multi-family Units In addition, there are currently 6,497 multifamily units entitled through zoning approvals in the Town (please see map below). In light of the town-wide entitled units, staff has concerns with allowing an increase in density for another multifamily project. However, please note that is along the Dallas North Tollway as where expected uses and density would be place. Please see map of entitled units below. Triggers – The applicant has proposed within its development standards that development shall be phased such that fifty (50) percent of the townhomes in the Neighborhood Sub-District will have certificates of occupancy prior to commencing work within the Highway Sub-District. Further, Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and 2. Building Height – The maximum building height allowed by the Zoning Ordinance is two (2) stories in the Commercial District. However, the Dallas North Tollway Design Guidelines allows up to twelve (12) stories along the tollway. The applicant is proposing twelve (12) stories for the highway Page 231 Item 19. Page 4 of 8 sub-district and the maximum height for the neighborhood subdistrict is three stories or thirty-five feet (35’) for townhomes and three stories or forty-five feet (45’) for commercial development. Building Materials – The approved primary exterior building materials for multifamily and non- residential development in the Zoning Ordinance are 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. The applicant is proposing brick, natural and manufactured stone, stucco, metal panel system, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Below are conceptual renderings of the development. Page 232 Item 19. Page 5 of 8 Building Setbacks – Many of the building setbacks in the highway and neighborhood sub-districts. have been reduced or removed in order to allow the proposed mixed use development to conform to Exhibit D. The 25-foot and 30-foot landscape setbacks from the adjacent minor and major thoroughfares remain the same and conform to the Zoning Ordinance/Dallas North Tollway Design Guidelines. The building setbacks in the neighborhood sub-district reflect the typical “suburban” setting of the townhomes and commercial development. Any development with on- street parking, a build to line shall be required. Design Guidelines – The applicant is proposing specific design guidelines to address the pedestrian-oriented mixed-use development in the highway and neighborhood sub-districts. The design guidelines add to the development standards and address design principles, site design, building design, public realm design, and streetscapes. Parking Standards – Due to the urban/walkable setting, the applicant is proposing a mixed-use reduction of 20% shall be applied to the overall development except for townhomes. Staff understands that the applicant is proposing a live/work/play environment so has no issues with the parking reduction. The applicant has also requested a shared parking within the entire Planned Development excluding the townhomes. Landscaping - The applicant is proposing specific design guidelines to address the pedestrian- oriented mixed-use development in the sub-districts. The applicant has also incorporated Dallas North Tollway Guidelines within the development standards. These standards include the following, but not limited to:  One (1) large tree, four (4) inch caliper minimum (at the time of planting) per twenty-five (25) feet of linear roadway frontage shall be planted within the required landscaped area. Page 233 Item 19. Page 6 of 8  The trees may be planted in groups with appropriate spacing for species.  Shrub plantings shall be provided at a minimum rate of 22 shrub plantings per thirty (30) linear feet which shall be a minimum of five (5) gallon shrubs (at the time of planting).  Parking abutting the landscaped area will be screened from the adjacent roadway. The required screening may be with shrubs or earthen berms. Open Space - Per our zoning ordinance, 20% open space is required for Townhomes, 7% for non-residential, and 30% for multifamily use. Due to the unique design of the development, the applicant is proposing minimum 20% which includes landscape easements, setbacks, public sidewalks, plazas, and detention ponds. Comparison Table regarding Major development standards. Below is a comparison table outlining the proposed development standards that deviate from the minimum standard per the zoning ordinance. Town of Prosper NEW PD Maximum Permitted Density: MF District: 370 MF units allowed based on a standard MF zoning. (15 units per acre.) Density shall not exceed 835 MF Maximum Height: Commercial District: Two stories, no greater than 40 feet. Dallas North Tollway Design Guidelines and Comprehensive Plan: Up to 12 Stories Highway Subdistrict  12 stories Neighborhood Subdistrict  Townhomes o Thirty-Five (35) feet, three (3) stories.  Commercial o Forty-five (45) Feet or three (3) stories Building Material 100 percent masonry as defined in Chapter 3, Section 2. The use of stucco and EIFS are only permitted as secondary or accent materials.  Materials such as brick, natural and manufactured stone, stucco, metal panel system, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise as least seventy five (75) percent of each floor, exclusive of doors and windows. Parking requirements 3,861 minimum parking spaces required based on the use. A mixed use reduction of 20% shall applied to the overall development, except for townhomes. 3,204 are being proposed. Page 234 Item 19. Page 7 of 8 Future Land Use Plan – The Future Land Use Plan recommends Dallas North Tollway District. 2022 Dallas North Tollway Design Guidelines –  The Dallas North Tollway is a primary thoroughfare within the Town of Prosper and one of the most heavily traveled roadways in North Texas. It is recognized that the Dallas North Tollway will serve as a significant opportunity for economic development and a sustainable tax base for the Town. The Comprehensive Plan identified the Dallas North Tollway as a future location for the Town’s most intense land uses. The purpose of these design guidelines is to provide direction on land use and design for future development that the Town of Prosper envisions on the Dallas North Tollway. Design guidelines define the qualities of building and site design that make successful projects and are tools for guiding projects to positive development outcomes.  Per the guideline, “Multi-family Developments - The Town Council may permit a multi- family housing as part of a wholistic development that includes a combination of businesses designed to create a live, work and play environment. These businesses can be, but are not limited, retail, office, recreational, family-friend entertainment and/or restaurant establishments. If multi-family housing is part of a development proposal that includes businesses and/or amenities described in Section F. “Business Establishments Pursuant to the Town’s Vision” increased density may be permitted. It is highly recommended that multi-family units be designed with structure parking as opposed to surface parking.”  The applicant has proposed development standards that are consistent with the Dallas North Tollway Design Guidelines. Page 235 Item 19. Page 8 of 8 Thoroughfare Plan – The property is bounded to the east by the Tollway and west by Shawnee Trail. Parks Master Plan – The Parks Master Plan does not identify a park on the subject property, at this time. Legal Obligations and Review: Notification was provided to neighboring property owners as required by State Law. Notification was provided to neighboring property owners as required by state law. To date, staff has received one letter in response to the proposed zoning request. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed Exhibits 3. MF Exhibits 4. Reply Form Planning & Zoning Recommendation: At their February 7, 2023, meeting, the Planning & Zoning Commission recommended the Town Council approved the request, by a vote of 6-0. Town Staff Recommendation: The request to rezone 34.7 ± acres is located north of Prosper Trail and west of the Dallas North Tollway, a major corridor into the Town of Prosper, and aims to create a unique mixed-use development that includes detailed design and development standards. The zoning request allows for the development of a mixed-use development that includes vertical integration of office, retail, and/or high-density residential uses in the same building, an office park, and a neighborhood retail center. Staff does have concerns with the additional multifamily units in the Town and recommends denial of this zoning request. However, if approved, this request will provide innovated opportunities that the Town envisions along the Dallas North Tollway. Proposed Motion: I move to approve/deny a request to rezone 34.7± acres from Commercial District (C) to a new Planned Development for Mixed Use, located northside of Prosper Trail and west of Dallas Parkway. (Z22-0019) Page 236 Item 19. Page 237 Item 19. Page 238 Item 19. “” “” “” “” “” TOWN OF PROSPER PROJECT NO: ____________ Page 239 Item 19. Exhibit “A” BEING a 40.065 acre tract of land situated in the Collin County School Land Survey, Abstract Number 147, Collin County, Texas and being all of that called 34.709 acre tract of land described by deed to AABVC-DNT-West-FRT, LP, recorded in County Clerk’s File Number 2021082001693210, Deed Records, Collin County, Texas and all of that called 5.368 acre tract of land described by deed to Collin County, recorded in Volume 5949, Page 2222, Deed Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the southeast corner said called 34.709 acre tract, said iron rod also being the southwest corner of said called 5.386 acre tract and being in the north line of that called 40.066 acre tract of land described by deed to Cothran Malibu, LP, recorded in County Clerk’s File Number 20150105000009000, Deed Records, Collin County, Texas; THENCE South 87 degrees 52 minutes 23 seconds West, 1108.44 feet along the south line of said called 34.709 acre tract and said north line of the called 40.066 acre tract to a 5/8 inch iron rod with cap stamped “MANHARD” set at the northwest corner of said called 40.066 acre tract; THENCE North 89 degrees 57 minutes 32 seconds West, 43.17 feet, continuing along said south line of the called 34.709 acre tract to a 5/8 inch iron rod with cap stamped “MANHARD” set at the southwest corner of said called 34.709 acre tract; THENCE North 00 degrees 45 minutes 11 seconds West, 1324.66 feet along the west line of said called 34.709 acre tract to a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the northwest corner of said called 34.709 acre tract, said iron rod also being the southwest corner of that called 34.557 acre tract of land described by deed to Urban Heights at Frontier LLC, recorded in County Clerk’s File Number 2022000131196, Deed Records, Collin County, Texas; THENCE North 89 degrees 22 minutes 58 seconds East, 1146.49 feet along the north line of said called 34.709 acre tract and the south line of said called 34.557 acre tract to a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the northeast corner of said called 34.709 acre tract, said iron rod also being the southeast corner of said called 34.557 acre tract and the northwest corner of the aforementioned called 5.386 acre tract; THENCE North 89 degrees 26 minutes 22 seconds East, 187.36 feet along the north line of said called 5.386 acre tract to a 1/2 inch iron rod found at the northeast corner of said called 5.386 acre tract; Page 240 Item 19. THENCE South 00 degrees 43 minutes 44 seconds East, 1290.88 feet along the east line of said called 5.386 acre tract to a 1/2 inch iron rod found at the southeast corner of said called 5.386 acre tract, said iron rod also being in the north line of the aforementioned called 40.066 acre tract; THENCE South 87 degrees 50 minutes 46 seconds West, 182.07 feet along the south line of said called 5.386 acre tract and said north line oof the called 40.066 acre tract to the POINT OF BEGINNING and containing 1,745,218 square feet or 40.065 acres of land, more or less. __________________________________ Jeremy Luke Deal Registered Professional Land Surveyor Texas Registration Number 5696 Page 241 Item 19. 1 PLANNED DEVELOPMENT NO. 119 EXHIBIT B—Planned Development Purpose and Intent: This planned development is intended to provide for and encourage development that contains a compatible mix of residential, office, and commercial uses within close proximity to each other, rather than separating uses. The use provisions define land uses and the siting and character of the improvements and structures allowed on the land in a manner that encourages a balanced and sustainable mix of uses. These uses may be combined either vertically in the same building, or horizontally in multiple buildings, or through a combination of the two. Additionally, the standards are intended to promote an efficient pedestrian-access network that connects the nonresidential and residential uses. The planned development generally addresses the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment. This is accomplished by the following; • Ensuring buildings relate appropriately to surrounding developments and streets which create cohesive visual identity and attractive street scenes. • Ensuring site design promotes efficient pedestrian and vehicle circulation patterns. • Ensuring the creation of high-quality street and sidewalk environments that are supportive of pedestrian mobility and that are appropriate to the roadway context. • Ensuring large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity and attractive street scene. In order to implement this vision, the standards affecting development are intended to be consistent with the overall goal. To accomplish this goal, the area has been subdivided into a series of sub-districts with development restrictions that will be necessary to achieve their collective individuality. The purpose of sub-district requirements is to define the character of new development within each sub-district. They have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. Page 242 Item 19. 2 EXHIBIT C—Sub-District Regulations: Development Plans Concept Plan: A. The tract shall be developed in general accordance with the attached concept plan, set forth in Exhibits D2, D3, and D4. B. Development shall be phased such that fifty (50) percent of the townhomes in the Neighborhood Sub-District will have certificates of occupancy prior to commencing work within the Highway Sub-District. Further, Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and 2. C. Where conflicts may arise between Exhibit C and Exhibit D, Exhibit C shall govern. Elevations: A. The tract shall be developed in general accordance with the attached elevations, set forth in Exhibits F. Administrative: A. The property owner’s association (POA) shall be approved by town staff. Page 243 Item 19. 3 HIGHWAY SUB-DISTRICT Page 244 Item 19. 4 HIGHWAY SUB-DISTRICT Purpose & Intent The purpose of the Highway Sub-District is to encourage the creation of a pedestrian-oriented, vertically integrated, mixed-use, urban environment, providing shopping, employment, housing, business, and personal services. This sub-district promotes an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community using urban design principles; and allowing developers flexibility in land use and site design. The Highway Sub-District is to be an area with a mixture of intense uses. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. Site Criteria A. Size of Yards: 1. Minimum Front Yard a. On Dallas North Tollway: Fifty (50) feet. b. On all other streets: Ten (10) feet. 2. Minimum Side Yard: Zero (0) feet. 3. Minimum Rear Yard: Zero (0) feet. B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a line parallel to a public or private street where the primary facade of the building must be built to. 1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at the minimum front yard setback. The primary facade shall be continuous along a block face and at least 70% shall be located within 5’ of the build-to-line. 2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be allowed within the front setback. Any land remaining in the setback shall be landscaped with plant materials other than grass and shall be irrigated per the requirements established. C. Size of Lots: 1. Minimum Size of Lot Area: Twenty Thousand (20,000) square feet 2. Minimum Lot Width: Fifty (30) feet. 3. Minimum Lot Depth: Sixty (60) feet. D. Maximum Lot Coverage: One hundred (100) percent. E. Floor Area Ratio: Maximum 10.0:1. Page 245 Item 19. 5 F. Housing: The following performance standards shall apply to residential development. 1. For the purposes of this Sub-District, Apartment and Condominiums shall be defined as follows: a. Apartments- a predominantly residential building in which each unit is leased by the owner to an individual entity. b. Condominiums- a predominantly residential building in which each unit is owned by an individual entity. 2. The maximum density allowed shall be no more than eight hundred and thirty-five (835) units within the Highway Sub-District. a. Apartments shall utilize 75% of the allowable units. i. there shall be a minimum of 50% and a maximum of 70% Studios and One- Bedroom units. ii. There shall be a minimum of 30% and a maximum of 50% Two and Three- Bedroom units. b. Condominiums shall utilize 25% of the allowable units. i. there shall be a minimum of 50% and a maximum of 70% Studios and One- Bedroom units. ii. There shall be a minimum of 30% and a maximum of 50% Two and Three- Bedroom units. 3. A minimum of 50% of the first-floor square footage of the Highway Subdistrict shall be used for non-residential uses. A minimum of 30% of first-floor, non-residential uses, shall be for retail use. 4. Apartment buildings shall have a setback of Two Hundred Fifty (250) feet from the Dallas North Tollway (DNT). G. Parking: 1. The number of parking spaces provided for uses shall be in accordance with the breakdown established in the GENERAL REQUIREMENTS section of these standards. 2. Required parking shall be located and maintained anywhere within the PD No. 119, including all sub-districts. a. Where Townhome uses are concerned, parking may not be shared. 3. On-street parking and shared parking anywhere within the PD No. 119, including all sub- districts, except for Townhome uses, may be counted towards meeting the off-street parking requirement for any use within the sub-district. 4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted as depicted in exhibit D street sections. 5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public & Emergency Access Easement. Page 246 Item 19. 6 6. When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. 7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. 8. Speed bumps/humps are not permitted within a fire lane nor public roads. 11. Dead-end parking aisles are not permitted in surface parking lots. 12. In the case of mixed uses, parking spaces may be shared. 13. For all residential uses, the majority of parking shall be contained in a structured parking garage. H. Service Equipment and Areas: 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed behind or on the side of a building. On corner lots, these areas should be located behind the buildings. All solid waste trash collection structures shall be designed to accommodate the Town’s current trash service provider. This includes, but not limited to, minimum dumpster enclosure requirements, approach geometry and other features for operational needs. 2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and other machinery, where practical, should be located at the rear of the property. a. Public water meters shall be located within easements, outside of pavement, and adjacent (within 2-5 feet) to Public & Emergency Access Easement or dedicated fire lanes that include utility easements. I. Screening: 1. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets to the extent that screening is allowed by utility providers. 2. Solid waste collection and loading areas shall be located to minimize visibility. These areas shall be screened, at minimum, by a six (6) foot high wall built with the same materials as used for the principal building, or an otherwise approved solid masonry material. Trash dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall generally always remain closed. Waste collection and loading area walls shall include shrubbery as to screen walls from the public realm. J. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least 30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to the street. Page 247 Item 19. 7 K. Streets and Sight Triangles: 1. For plantings within ten (10) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance measured from the top of the ground surface to the first branch along the tree trunk. 2. Root barriers shall be installed where street trees are planted within 5 feet of pavement within Public & Emergency Access Easement. Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Prosper. L. Landscaping: The standards and criteria contained in this Section are the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply. Unless specifically identified in this Section, new developments shall comply with the landscape standards established in the Town of Prosper Zoning Ordinance as of the date of adoption of this ordinance or as amended. 1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall provide interior landscaping as follows: a. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. b. Landscaped islands shall be located at the terminus of all parking rows, except for on- street parking, and shall contain at least one (1) large tree, three (3) inch caliper minimum, with no more than fifteen (15) parking spaces permitted in a continuous row without being interrupted by a landscape island. c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not less than nine (9) feet wide, measured from the inside face of curb, and a length equal to the abutting space. d. All above grade utilities and trash enclosures in landscape areas shall be screened with evergreen plant material. e. For streets with on-street parking, trees shall be installed against the curb, within the sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the development. 2. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping, shall be placed a minimum of two and one- half (2’-6”) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Executive Director of Development and Community Services. b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation. Page 248 Item 19. 8 c. Rain/Freeze sensors shall be installed on all irrigation systems. 3. Drought tolerant and/or native plants from the Town’s approved plant list are required for compliance. Other species may be utilized with approval from the Town as part of the Final Site Plan process. a. Trees in sidewalks adjacent to on-street parking will be specifically selected with approval from the Town. 4. All Landscape areas to be kept free of weeds, invasive plant species, and trash. 5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way. Building Criteria The standards and criteria contained in this Section are the minimum standards for all new development. The regulations of this Section shall govern where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance. A. Tri-partite Architecture: All multi-story, mixed use buildings shall be designed and constructed in tri-partite architecture (having a distinct base, middle, and top) or an alternative, scale appropriate architectural treatment. B. Maximum Building Height: Twelve (12) stories. 1. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 23% of the first-floor footprint may exceed the height limits by up to twenty (20) feet. 2. Mechanical equipment, including mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, provided that: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described above. Mechanical equipment shall not be visible from the public right-of- way, measured at six (6) feet above finish grade at the Public & Emergency Access Easement line. C. Building Materials: 1. Materials such as brick, natural and manufactured stone, stucco, metal panel system, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise of at least seventy-five percent (75%) of each elevation, exclusive of doors and windows. Page 249 Item 19. 9 2. Only primary building materials are allowed on the first floor with the exception of cementitious panels, For purposes of this section, the first floor shall be at least nine (9) feet high and, at minimum, 90% shall be constructed of masonry cladding. 3. All buildings shall be architecturally finished on all sides with articulation, detailing, and features. Architectural articulation, detailing, and features are not required for facades adjacent to a building or parking garage. D. Window Areas: 1. For buildings which front on streets with on-street parking and contain non-residential uses on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be windows. a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is only permitted above the first story. b. pink or gold glass shall be prohibited. E. Building Entries: 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. 2. Each building and separate lease space at grade along the street edge shall have a functioning Primary Entry from the sidewalk. Corner entries may count as a Primary Entry for both intersecting street fronts. F. Awnings, canopies, Arcades, & Overhangs: 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. 2. The material of awnings and canopies shall be architectural materials that complement the building. 3. Awnings shall not be internally illuminated. 4. Canopies should not exceed one hundred (100) linear feet without a break of at least five (5) feet. 5. Canopies and awnings shall respect the placement of street trees and lighting. G. Building Articulation: 1. That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. Page 250 Item 19. 10 2.Building facades fronting both streets and driveways should have massing changes and architectural articulation to provide visual interest and texture and reduce large areas of undifferentiated building facade. Design articulation should employ changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. H. Above Grade Structured Parking: 1. Where parking garages are within views of public streets, openings in parking garages shall not exceed 55% of the facade area. The portion of the parking garage that is visible from the street shall have an architecturally finished facade compatible with the surrounding buildings. 2. It is the intent of this provision that the facades of surrounding buildings and the facades of any parking structures within view of public streets shall be visually similar, with construction materials being compatible. 3.Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. I. Projections into Setbacks and/or Rights-of-Way: The following projections shall be permitted into a building setback or Public & Emergency Access Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or right-of-way of Dallas North Tollway; 2) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; 4) the property owner shall maintain such projection in a safe and non-injurious manner; 5) no projections allowed over franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade; and 6) no projections allowed over public utility where located within a fire lane or public utility easement. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twenty-four (24) inches beyond a building face or architectural projection into the setback, but not the Public & Emergency Access Easement. 2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or architectural projection into the setback, but not the Public & Emergency Access Easement. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to ten (10) feet beyond the building face into the setback, but not the Public & Emergency Access Easement. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the Public & Emergency Access Easement to be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than twenty-four (24) inches from the back of curb and does not extend over any fire lane or public utility easement. 5. Below-grade footings approved in conjunction with building permits. Page 251 Item 19. 11 Permitted Uses List of Permitted Uses: Uses followed by an -S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to conditional development standards located in the Town’s Zoning Ordinance as it exists or may be amended. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial -S- • Antenna and/or Antenna Support Structure, Non-Commercial -S- • Antique Shop and Used Furniture • Assisted Care or Living Facility • Automobile Paid Parking Lot/Garage -S- • Automobile Parking Lot/Garage -S- • Bank, Savings and Loan, or Credit Union (without drive through) • Beauty Salon/Barber Shop • Business Service • Caretaker’s/Guard’s Residence • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Community Center • Convenience Store without Gas Pumps • Corporate Campus • Dance Hall • Day Care Center, Child -S- • Day Care Center -S- • Dry Cleaning • Farmer’s Market • Furniture, Home Furnishings and Appliance Store • Governmental Office • Gymnastics/Dance Studio • Health/Fitness Center • Home Occupation • Hospital • Hotel -C- • House of Worship • Household Appliance Service and Repair • Insurance Office • Massage Therapy, Licensed • Mobile Food Vendor • Multifamily Dwelling • Multi-Tenant Office Building • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Nursery Page 252 Item 19. 12 • Office/Show Room • Park or Playground • Pet Day Care • Print Shop • Private Club • Private Recreation Center • Private Utility, Other than Listed • Real Estate Sales/Leasing Office • Restaurant or Cafeteria • Restaurant, Drive In • Restaurant, Drive Through -S- • Retail Stores and Shops • Retail/Service Use • School, Private or Parochial • School, Public • Stealth Antenna, Commercial • Studio Dwelling • Telephone Exchange • Theater, Regional • Townhome • Utility Distribution/Transmission Facility • Veterinarian Clinic and/or Kennel, Indoor Prohibited Uses List of prohibited Uses: • Credit access businesses, as defined in Texas Finance Code 393.601, as amended. • Body art facilities • Smoke or vape shops. • Any business entity that sells drug paraphernalia • Any business or establishment offering gaming or slot machines. • Sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise. • Pawn shops • Business entities which primarily utilize outdoor storage • Package liquor stores Page 253 Item 19. 13 NEIGHBORHOOD SUB-DISTRICT Page 254 Item 19. 14 NEIGHBORHOOD SUB-DISTRICT Purpose & Intent The purpose of the Neighborhood Sub-District is to provide for a variety of developments in a suburban type setting which will provide residential units and supporting retail space. Site Criteria A. Size of Yards: 1. Townhomes (lots shall be fee-simple) i. Minimum Front Yard: Ten (10) feet. ii. Minimum Side Yard: Zero (0) feet. iii. Minimum Rear Yard: Twenty (20) feet. iv. Maximum Building Height: Thirty-Five (35) feet (as measured from the finish floor to the top plate), or three (3) stories. v. Minimum Dwelling Area: One Thousand (1,000) square feet 2. Commercial i. Minimum Front Yard: Ten (10) feet. ii. Minimum Side Yard: Five (5) feet. iii. Minimum Rear Yard: Five (5) feet. iv. Maximum Building Height: Forty-five (45) Feet (as measured from the finish floor to the top plate), or three (3) stories B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a line parallel to a public or private street where the primary facade of the building must be built to. 1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at the minimum front yard setback. The primary facade shall be continuous along a block face and at least 70% shall be located within 5’ of the build-to-line. 2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be allowed within the front setback. Any land remaining in the setback shall be landscaped with plant materials other than grass and shall be irrigated per the requirements established. 3. Residential lots may front on public or private open space or a property owner's association lot. C. Size of Lots: 1. Minimum Size of Lot Area: Three thousand (3,000) square feet 2. Minimum Lot Width: Twenty (20) feet. 3. Minimum Lot Depth: Sixty (60) feet. Page 255 Item 19. 15 D. Maximum Lot Coverage: One Hundred (100) percent. Parking structures and surface parking facilities shall be excluded from lot coverage computations. E. Floor Area Ratio: Maximum 5.0:1. F. Housing: The following performance standards shall apply to residential development. 1. The maximum density allowed shall be sixty (60) units within the Neighborhood Sub-District. G. Maximum Floor Area Per Building: Twenty thousand (20,000) square feet. H. Parking: 1. The number of parking spaces provided for uses shall be in accordance with the breakdown established in the GENERAL REQUIREMENTS section of these standards. 2. Required parking shall be located and maintained anywhere within the PD No. 119, including all sub-districts. a. Where Townhome uses are concerned, parking may not be shared. 3. On-street parking and shared parking anywhere within the PD No. 119, including all sub- districts, except for Townhome uses, may be counted towards meeting the off-street parking requirement for any use within the sub-district. 4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted. 5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public & Emergency Access Easement. 6. When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. 7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or bollards. 8. Speed bumps/humps are not permitted within a fire lane. 9. Dead-end parking aisles are not permitted in surface parking lots. 10. In the case of mixed uses, uses may share parking spaces. I. Service Equipment and Areas: 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or placed behind or on the side of a building. On corner lots, these areas should be located behind the buildings. All solid waste trash collection structures shall be designed to accommodate the Town’s current trash service provider. This includes, but not limited to, minimum dumpster enclosure requirements, approach geometry and other features for operational needs. 2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and other machinery, where practical, should be located at the rear of the property. Page 256 Item 19. 16 a. Public water meters shall be located within easements, outside of pavement, and adjacent (within 2-5 feet) to Public & Emergency Access Easement or dedicated fire lanes that include utility easements. J. Screening: 1. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets, provided public utility providers allow for screening. 2. Solid waste collection and loading areas shall be located to minimize visibility. These areas shall be screened by a six (6) foot high wall built with the same materials as used for the principal building, or an otherwise approved solid masonry material. Trash dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall generally remain closed at all times. Waste collection and loading area walls shall include shrubbery as to screen walls from the public realm. K. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least 30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to the street. L. Streets and Sight Triangles: Within the Neighborhood Sub-District the following street design standards shall apply. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles, per the Town of Prosper’s requirements, for vehicles exiting the development for both public streets and private driveways shall be provided at intersections with Shawnee Trail. 1. For plantings within ten (10) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance measured from the top of the ground surface to the first branch along the tree trunk. Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Prosper. M. Landscaping: The standards and criteria contained in this Section are the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply. 1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall provide interior landscaping as follows: a. All landscaped areas shall be protected by a raised six (6) inch concrete curb. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. b. Landscaped islands shall be located at the terminus of all parking rows, except for on- street parking, and shall contain at least one (1) large tree, three (3) inch caliper Page 257 Item 19. 17 minimum, with no more than fifteen (15) parking spaces permitted in a continuous row without being interrupted by a landscape island. c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not less than nine (9) feet wide, measured from the inside face of curb, and a length equal to the abutting space. d. All above grade utilities and trash enclosures in landscape areas shall be screened with evergreen plant material. e. For streets with on-street parking, trees shall be installed against the curb, within the sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the development. 2. Except for the landscape easement adjacent to the deceleration lane on Shawnee Trail, the landscape easement within the POA Lot adjacent to Shawnee Trail will be a minimum of twenty- five (25) feet. 3. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2’-6”) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by Executive Director of Development and Community Services. b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation. c. Rain/Freeze sensors shall be installed on all irrigation systems. 4. Drought tolerant and/or native plants from the Town’s approved plant list are required for compliance. Other species may be utilized with approval from the Town as part of the Final Site Plan process. a. Trees in sidewalks adjacent to on-street parking will be specifically selected with approval from the Town. 4. All Landscape areas to be kept free of weeds, invasive plant species, and trash. 5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way. Building Criteria The standards and criteria contained in this Section are the minimum standards for all new development. The regulations of this Section shall govern where the regulations of this Section conflict with the Town of Prosper Zoning Ordinance. A. Maximum Building Height: 1. Three (3) stories. Page 258 Item 19. 18 2. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor footprint may exceed the height limits by up to ten (10) feet. 3. Mechanical equipment, including mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to ten (10) feet above the actual building height, provided that: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described above. Mechanical equipment shall not be visible from the Public & Emergency Access Easement, measured at six (6) feet above finished grade at the Public & Emergency Access Easement line. B. Building Materials: 1. Materials such as brick, natural and manufactured stone, stucco, metal panel system, curtain wall and window wall glazing, and cementitious panel system shall be considered primary materials. Primary materials shall comprise as least seventy-five (75) percent of each elevation, exclusive of doors and windows. a. Townhomes shall be constructed of no less than 60% brick masonry, calculated from the aggregate of the front, rear and side elevations. 2. Only primary building materials are allowed on the first floor excluding cementitious panel systems, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine (9) feet high. 3. All buildings shall be architecturally finished on all sides with articulation, detailing, and features. Architectural articulation, detailing, and features are not required for facades adjacent to a building or parking garage. C. Windows: 1. For buildings which front on streets with on-street parking and contain non-residential uses on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be windows. a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is only permitted above the first story. b. pink or gold glass shall be prohibited. 2. For buildings which front on streets, and contain residential uses, a minimum of thirty (30) percent of the facade shall be windows. D. Horizontal articulation: No building wall shall extend for a distance equal to four (4) times the wall’s height without having an off-set equal to 25% of the wall’s height. The new plane shall then extend for a distance equal to at least 25% of the maximum length of the first plane. Page 259 Item 19. 19 E. Building Entries: Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. F. Above Grade Structured Parking: 1. Where parking garages are within views of streets, openings in parking garages shall not exceed 53% of the facade area. The portion of the parking garage that is visible from the street shall have an architecturally finished facade compatible with the surrounding buildings. 2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. G. Projections into Setbacks and/or Rights-of-Way: The following projections shall be permitted into a building setback or Public & Emergency Access Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or right-of-way of Shawnee Trail; 2) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non-injurious manner; and 5) no projections allowed over franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade; and 6) no projections allowed over public utility where located within a fire lane or public utility easement.. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection into the setback, but not the Public & Emergency Access Easement. 2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or architectural projection into the setback, but not the Public & Emergency Access Easement. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to ten (10) feet beyond the building face into the setback, but not the Public & Emergency Access Easement. 4. Canopies and/or awnings may project from the building face over the entire setback. Additionally, they may be extended into the Public & Emergency Access Easement to be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than twenty-four (24) inches from the back of curb and does not extend over any fire lane or public utility easement. 5. Below-grade footings approved in conjunction with building permits. Permitted Uses List of Permitted Uses: Uses followed by an -S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to conditional development standards located in the Town’s Zoning Ordinance as it exists or may be amended. Page 260 Item 19. 20 • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial -S- • Antenna and/or Antenna Support Structure, Non-Commercial -S- • Assisted Care or Living Facility • Automobile Paid Parking Lot/Garage -S- • Automobile Parking Lot/Garage -S- • Bank, Savings and Loan, or Credit Union • Business Service • Caretaker’s/Guard’s Residence • Civic/Convention Center • College, University, Trade, or Private Boarding School • Community Center • Convenience Store without Gas Pumps • Day Care Center, Child -S- • Day Care Center -S- • Dry Cleaning • Governmental Office • Health/Fitness Center • Home Occupation • House of Worship • Insurance Office • Massage Therapy, Licensed • Mobile Food Vendor • Multi-Tenant Office Building • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Office/Show Room • Park or Playground • Print Shop • Private Utility, Other than Listed • Real Estate Sales/Leasing Office • Restaurant or Cafeteria • Restaurant, Drive In • Restaurant, Drive Through -S- • Retail Stores and Shops • Retail/Service Use • School, Private or Parochial • School, Public • Stealth Antenna, Commercial • Studio Dwelling • Telephone Exchange • Townhome • Utility Distribution/Transmission Facility Page 261 Item 19. 21 Prohibited Uses List of prohibited Uses: • Credit access businesses, as defined in Texas Finance Code 393.601, as amended. • Body art facilities • Smoke or vape shops. • Any business entity that sells drug paraphernalia • Any business or establishment offering gaming or slot machines. • Sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise. • Pawn shops • Business entities which primarily utilize outdoor storage • Package liquor stores Page 262 Item 19. 22 GENERAL REQUIREMENTS Page 263 Item 19. 23 GENERAL REQUIREMENTS A. Development shall generally take place in accordance with attached Concept Plan (Exhibit D). Plats and/or site plans submitted for the development shall conform to the data presented and approved on the conceptual development plan. Changes of detail on these final development plan(s) that differ from the conceptual development plan may be authorized by the Town staff, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. alter the basic relationship of the proposed development to adjacent property, 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 Town staff determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held by the Planning and Zoning Commission and the Town Council to adequately amend the granting ordinance prior to the Planning & Zoning Commission’s approval of the final development plan(s). B. A minimum twenty (20) percent of the total area in this planned development shall be provided as open space. Open spaces may include areas used for facilities such as plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicular access and parking. Additionally, if detention areas contain a constant water level and are landscaped or otherwise treated as an amenity for the development, they may be used to meet the open space requirement. The open space may not consist of any of the following elements: 1. Vehicular parking. 2. Required parking lot tree islands. 3. Building footprints. 4. Utility yards. The open space may consist of any of the following elements: 5. Landscape easements, setbacks, or any other landscaping as listed in Chapter 2, Section 4 of the zoning ordinance. 6. Public sidewalks and plazas. 7. Detention/ Retention ponds, when activated with pedestrian access. Page 264 Item 19. 24 C. Design Guidelines: Design Guidelines will be created, and approved by Staff, to govern the following details. 1. Street sections, including sidewalks 2. Public realm standards, including sidewalks, benches, signage, planters, outdoor seating areas, landscape, parking, and lighting. 3. Residential characteristics including, but not limited to, porch and balcony elements. D. All utility lines shall be underground from the building to the property line. Utility lines within the Public & Emergency Access Easement shall be placed underground and relocated to the rear of the site to the maximum extent practicable. E. Conditional Development Standards, shall be in accordance with the Zoning Ordinance, as it exists, or may be amended, except as follows: 1. Mobile Food Vendors - Mobile food vendors are permitted in this planned development, in accordance with the Conditional Development Standards of the Zoning Ordinance, as is exists or may be amended, except as follows: a. Mobile food vendors are not required to be located on property where an existing, permanent business operates in a building with a Certificate of Occupancy. b. Mobile food vendors are not required to be located within fifty feet (50’) of an entrance of a primary building that holds the Certificate of Occupancy. c. Mobile food vendors may be located on public property other than public street travel lanes. Order windows shall face outward towards public sidewalk. At no time shall any part of food truck operations use main lanes without a special use permit issued by the Town; d. Mobile food vendors may be located on private property with the written consent of the owner; e. Mobile food vendors shall not operate in driveways or fire lanes; f. Mobile food vendors shall be considered as a Minor Amendment to the PD, subject to approval by the Director of Development Services. Prior to issuance of a permit, an application shall be submitted to the Development Services Department and containing any information required by staff to evaluate the impacts including but limited to location, parking and accessibility. F. Parking Requirements Based on Use. In all Sub- Districts, at the time any building or structure is erected or structurally altered, parking spaces shall be provided in accordance with the following requirements. A mixed-use discount of 20% shall be applied to the overall development, except for Townhomes, where shared parking is concerned. Automobile Oil change and Similar Establishments: One (1) parking space per service bay plus one (1) parking space per maximum number of employees on a shift. Page 265 Item 19. 25 Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred fifty (350) square feet of gross floor area. Bed and breakfast facility: One (1) space per guest room in addition to the requirements for normal residential use. Business or professional office (general): One (1) space per three hundred fifty (350) square feet of gross floor area. Church, rectory, or other place of worship: One (1) parking space for each three (3) Seats in the main auditorium. College or University: One (1) space per each day student. Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains. Commercial Amusement: One (1) space per three (3) guests at maximum designed capacity. Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each two hundred (200) square feet of floor area thereof. Dwellings, Multifamily: One (1) space for each bedroom in one (1) and two (2) bedroom units, plus one half (1/2) additional space for each additional bedroom. Farmer’s Market, Flea Market: One (1) space for each five hundred (500) square feet of site area. Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and one and one-half (1 'A) spaces for each two beds in off campus projects. Furniture or Appliance Store, Wholesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000). Gasoline Station: Minimum of three (3) spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. Health Studio or Club: One (1) parking space per two hundred (200) square feet of exercise area. Hospital: One (1) space per employee on the largest shift, plus one and one-half (1.5) spaces per each bed or examination room, whichever is applicable. Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein. Page 266 Item 19. 26 Kindergartens, day schools, and similar child training and care establishments : shall provide one (1) paved off-street loading and unloading space for an automobile on a through -circular- drive for each ten (10) students, or one (1) space per ten (10) students, plus one (1) space per teacher. Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet, over one thousand (1,000) square feet. Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet. Medical or Dental Office: One (1) space per three hundred fifty (350) square feet of floor area. Mini-Warehouse: Four (4) spaces per complex plus one (1) additional space per three hundred (300) square feet of rental office. Motor Vehicle Repair and Service: Three (3) parking spaces per service bay plus one (1) parking space per maximum number of employees on a shift. Nursing Home: One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses. Private Club: One (1) parking space for each seventy-five (75) square feet of gross floor area. Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1) space per two hundred and fifty (250) square feet of gross floor area. Restaurant, Restaurant with a Private Club, Cafe or Similar Dining Establishment: One (1) parking space for each one seventy-five (75) square feet of gross floor area for stand-alone buildings without a drive-through, and one (1) parking space for each one hundred (100) square feet of gross floor area for restaurants located within a multi-tenant buildings, and one (1) parking space for each one hundred (100) square feet for stand-alone buildings with a drive- through. Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for each five (5) beds. School, Elementary, Secondary, or Middle: One and one half (11Y) parking spaces per classroom, or the requirements for public assembly areas contained herein, whichever is greater. School, High School: One and one half (1 'A) parking spaces per classroom plus one (1) space per five (5) students the school is designed to accommodate, or the requirements for public assembly areas contained herein, whichever is greater. Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking space for each four (4) seats or bench seating spaces. Townhomes: Minimum of two (2) parking spaces located behind the front building line and two (2) parking spaces enclosed in the main or an accessory building. Page 267 Item 19. Prosper Mixed-Use Master Plan 11/27/2023 EXHIBIT D FOR SALE CONDOS 200 KEY HOTEL PARKING POND FEATURE TOWN SQUARE [PRAIRIE GREEN] PARKING & SERVICE DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE RESTAURANTS PARKING RETAIL RETAIL RETAILOFFICELINEAR PARK RETAILMIXED-USE RESIDENTIAL FOR SALETOWN HOMESFOR SALE TOWN HOMES RETAILRETAIL OFFICERETAILRETAILRETAIL RETAIL RESI CONFERENCECENTERRETAILRETAILRETAILN C -1 H1 PARKING POND FEATURE TOWN SQUARE [PRAIRIE GREEN] R -5 R -2 R -1 DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE R -4 R -6 MU/R -1 PARKING (RETAIL BELOW) TH -5 O –1 O -2 LINEAR PARK R -3 MU/R –2 MU/R -3 TH –1 TH -4 TH -3 TH -2 R -7 C -2 Town of Prosper Project No: _______ 1”: 100’ 01 -PRELIMINARY SITE PLAN 02 -PRELIMINARY GROUND PLANE 03 -YIELD SUMMARY FOR SALE CONDOS RESI Total Developed Area (GSF)1,516,351 Total Land Area (GSF)1,511,506 Tentative FAR 1.00 Neighborhood Sub-District Highway Sub-DistrictNeighborhood Sub-District Highway Sub-District Building 1 Building 2 Building 3 Building 4 Building 5 Building 6 Building 7 Building 8 Building Group 9 Building Group 10 Building Group 11 Building Group 12 TOTALS Condos 1 Condos 2 Resi Wrap Resi @ Town Center 1 Resi @ Town Center 2 Hotel Restaurant(s)Retail Pads West Retail Townhomes Office RSF 200,000 200,000 400,000 Residential GSF 115,000 135,000 300,000 97,596 97,596 745,192 Average Unit Size 850 Total Number of Units 1-2 Beds / Ratio 75.00%1-2 Beds ->2.0 80 94 225 75 75 Total Number of Units 3 Beds 25.00%3 beds ->2.5 27 31 75 25 25 Total number of units Per Acre 1 AC = 76 1 AC = 76 1 AC = 93 1 AC = 62 Total Retail gsf 75% Retail / 25% Restaurant 6,387 6,387 24,650 26,100 26,100 10,335 8,510 8,240 17,920 121,855 Total Hotel GSF (Incl 16,000 SF of Conf Center)135,330 135,330 Unit size (average to gross area)677 Number of Keys 200 Townhomes SF 2,300 Number of Units 44 Total GSF 101,200 101,200 Office Page 268 Item 19. 18'-11" 28'-6" 28'-11" 28'-6" 18'-11"SHAWNEE TRAIL (FUTURE)HIGHWAY SUB-DISTRICT NEIGHBORHOOD SUB-DISTRICT Zoning Application Job No.: LCI 22030 Date: February 14, 2023 0 30 60 120 Scale: 1"= 60'-0" OREC - Prosper Mixed Use Exhibit - D2 30' GAS EASEMENT 180' RIGHT-OF-WAY EASEMENT 30' POA LOT ALONG DALLAS NORTH TOLLWAY RESIDENTIAL TOWERS 35' MIN. SETBACK FROM P.L. FUTURE MINOR THOROUGHFARE SETBACK 45' WIDTH FROM C.L. ROAD 100' PARKING OFFSET FROM SHAWNEE TRAIL 10' MIN. SETBACK FROM R.O.W. B SHAWNEE TRAIL (FUTURE)POA LOT POA LOT POA LOT POA LOT POA LOT POA LOTPOA LOT POA LOT C D POA LOTPOA LOTCCPOA LOT Lot 3, Block C Lot 4, Block C Lot 2X, Block CLot 4X, Block BLot 3X, Block ELot 6X, Block C Street Lot 5X, Block B Street Lot 5X, Block C Street Lot 5X, Block E Street Lot 1, Block F Lot 2, Block E Lot 1X, Block E Lot 4X, Block E Lot 2X, Block F Lot 1X, Block G Lot 3X, Block DStreetLot 2, Block GLot 3, Block GLot 4, Block GLot 5, Block GLot 6, Block GLot 7, Block GLot 8, Block GLot 28, Block H Lot 27, Block H Lot 26, Block H Lot 25, Block H Lot 23, Block H Lot 24X, Block H Lot 5, Block H Lot 4, Block H Lot 3, Block H Lot 2, Block H Lot 6, Block H Lot 7, Block H Lot 22, Block H Lot 21, Block H Lot 20, Block H Lot 8, Block H Lot 9, Block H Lot 19X, Block H Lot 10, Block H Lot 18, Block H Lot 17, Block HLot 11, Block H Lot 12, Block H Lot 13, Block H Lot 15, Block H Lot 16, Block H Lot 1X, Block I Alley Lot 2, Block I Lot 3X, Block I Street Lot 4, Block I Lot 8, Block A Lot 7, Block A Lot 6, Block A Lot 10, Block A Lot 11, Block A Lot 12, Block A Lot 5, Block A Lot 4, Block A Lot 5X, Block I Alley Lot 3, Block A Lot 13, Block A Lot 14, Block A Lot 2, Block A Lot 1X, Block A Lot 17X, Block A Alley Lot 1, Block B Lot 2, Block B Lot 3X, Block B Lot 2, Block D Lot 1, Block D NEIGHBORHOOD SUB-DISTRICT HIGHWAY SUB-DISTRICT BUILDING FOOT PRINT AND YARD LAYOUTE 0 20 40 80 Scale: 1"= 40'-0" HIGHWAY SUB-DISTRICT NEIGHBORHOOD SUB-DISTRICTPOA LOT25' POA LOT ALONG SHAWNEE TRAIL Lot 15, Block A SHAWNEE TRAIL (FUTURE)LANDSCAPE SETBACK VARIANCE NOT TO SCALE POA LOT Lot 2X, Block FLot 1X, Block HLot 14X, Block H Lot 29X, Block H Lot 9X, Block A Lot 16X, Block A POA LOTLot 1X, Block ALot 1X, Block IAlleyLot 1X, Block I AlleyPOA LOTLot 1X, Block H10' MINIMUM SETBACK PROP. BUILDING FOOT PRINT 20' MINIMUM SETBACK LOT LINE Lot 13, Block H Lot 1X, Block I Alley POA LOT Lot 1X, Block H POA LOTLot 1X, Block HRESIDENTIAL TOWERS 15' LANDSCAPE GENERAL FIRE DEPT. NOTES *MC *MC*MC *MC *MC *MC*MC*MC *MC *MC*MC*MC*MCPage 269 Item 19. 8' UTILITY EASEMENT CL CL CL PROPERTY LINEPROPERTYLINE12' CLEAR ZONE DECORATIVE PAVING 12' CLEAR ZONE DECORATIVE PAVING 28' FIRE LANEFOCCURB BOTH SIDES BOCFOCSTREET LOT ALLEY SECTION AT TOWNHOMES BOCSTREET TREE FOC60' STREET LOT SECTION w/ PARALLEL PRKG BOTH SIDES BULB OUT & CURB BOTH SIDES BEYOND FOCFOCMEDIAN TREE STREET TREE STREET TREE BOULEVARD SECTION 120' STREET LOTFOC FOCFOCFOCFOCFOC13'-6" HT. CLEAR ZONE13'-6" HT. CLEAR ZONE RETAIL PAD SITE B C D FOC26' FIRE LANE 13' LANE13' LANE 1'-6" LS BUFFER 1'-6" LS BUFFER 45' DRIVE PUBLIC UTILITY EASEMENT 14' LANE14' LANE 60'-0" STREET LOT 6' SIDEWALK 8' PARALLEL PARKING OR PLANTER ISLAND* 8' PARALLEL PARKING 35' DRIVE 29' MEDIAN14' LANE 8' PARALLEL PARKING OR PLANTER ISLAND* 5'-6" SIDEWALK 14' LANE 8' PARALLEL PARKING OR PLANTER ISLAND* 5'-6" SIDEWALK 35' DRIVE 26' FIRE LANE26' FIRE LANE 6' SIDEWALK 10' MIN. BLDG SETBACK AND UTILITY EASEMENT 10' MIN. BLDG SETBACK AND UTILITY EASEMENT 10' MIN. BLDG SETBACK PROPERTY LINE30'-0" STREET LOT PROPERTYLINE*NO TREES IN ISLAND; TREES WITHIN SIDEWALK SUBJECT TO TOWN OF PROSPER APPROVAL *NO TREES IN ISLAND; TREES WITHIN SIDEWALK SUBJECT TO TOWN OF PROSPER APPROVAL 26' PUBLIC UTILITY EASEMENT 32' PUBLIC UTILITY EASEMENT 26' PUBLIC UTILITY EASEMENT 8' UTILITY EASEMENT 8' UTILITY EASEMENT Zoning Application Job No.: LCI 22030 Date: February 13, 2023 0 4'8'16' Scale: 1/8"= 1'-0" OREC - Prosper Mixed Use Exhibit D3 Page 270 Item 19. CL PROPERTYLINEPROPERTYLINE26' FIRE LANE FOCFOCFOCFOC88' STREET LOT SECTION w/ ANGLED PRKG BOTH SIDES E STREET TREE 67' DRIVE PUBLIC UTILITY EASEMENT 14' LANE14' LANE 88'-0" STREET LOT 19.5' ANGLED HEAD-IN PARKING 19.5' ANGLED HEAD-IN PARKING 10'-0" SIDEWALK 10'-0" SIDEWALK *TREES WITHIN SIDEWALK SUBJECT TO TOWN OF PROSPER APPROVAL Zoning Application Job No.: LCI 22030 Date: February 2, 2023 0 4'8'16' Scale: 1/8"= 1'-0" OREC - Prosper Mixed Use Exhibit D4 Page 271 Item 19. 4770 BRYANT IRVIN COURT, SUITE 200 FORT WORTH, TX 76107 (817) 887-9139 WWW.CORNERSTONEPROJECTSGROUP.COM Exhibit E – Development Schedule Below is the anticipated project schedule for the proposed Pradera development in accordance with the submittal checklist. This schedule is conceptual and subject to change based on permitting, entitlements, and market conditions. Zoning Award- January 2023 Civil design (on and off site) – 2023 Civil construction – 2024-2025 Building design – 2024-2026 Building construction – 2025-2030 Page 272 Item 19. Prosper Mixed-Use Master Plan 21/27/2023 01 AERIAL –LOOKING SOUTHEAST EXHIBIT F 02 AERIAL –LOOKING NORTHWEST 03 PERSPECTIVE –TOWN SQUARE 04 PERSPECTIVE –OVERALL 05 PERSPECTIVE –VIEW FROM OFFICE 06 PERSPECTIVE –MAIN INTERSECTION Page 273 Item 19. Prosper Mixed-Use Master Plan 31/27/2023 EXHIBIT F 01 –TOWNHOMES 02 –HOTEL 03 –RETAIL SPACE 04 –MIXED –USE RESIDENTIAL 05 –MIXED –USE RESIDENTIAL / TOWN SQUARE 06 –TOWN SQUARE LOOKING SOUTH EXHIBIT F Page 274 Item 19. Prosper Mixed-Use Master Plan 41/27/2023 EXHIBIT F 04 –NW RETAIL SPACE 01 –CONDOS EXHIBIT F 06 –OFFICE TOLLWAY VIEW 03 –OFFICE 05 –SE RESTAURANTS 02 –NW RETAIL LOOKING SOUTH Page 275 Item 19. 1b. 300 Existing MF Units (25 Acres) 12 Units/Acre 312 TH Units (65 Acres) 5 Units/Acre 5. 600 MF Units 21 Units/Acre *150 TH Units 10 Units/Acre 1c.28 Existing MF Units (1 Acre) 28 Units/Acre 1a.620 Existing MF Units (43 Acres) 14 Units/Acre 3. 300 MF Units 14 Units/Acre 775 TH Units 10 Units/Acre 2. 420 MF Units (28 Acres) 15 Units/Acre 4. 2,986 MF Units 23 Units/Acre Current Zoning for Multifamily & Townhome Units in the Town of Prosper 1.948 existing garden-style multifamily units on 63.8 acres and 312 Townhome units on 65 acres 1a. 620 units in the Orion Prosper and Orion Prosper Lakes complexes on Coit Road 1b. 300 units in Cortland Windsong Ranch, west of Windsong Pkwy, north US 380, 312 Townhome units north of US 380 and west of Teel Parkway 1c. 28 units in the Downtown area 2.PD-35 permits a maximum of 15 units per acre on 28 acres, this density would allow for 420 multi-family units on the east side of DNT, north of Prosper Trail. 3.Brookhollow -permits a maximum of 300 multi-family at 14 units per acre and 250 Townhome units within PD-86, 300 Townhome units within PD-90, and 225 Townhomes within PD-111. 4.Planned Development-41 (Prosper West) permits a maximum of 2,986 urban-style units on the west side of DNT, north of US 380. Refer to PD-41 for special conditions. 5.Planned Development-67 (Gates of Prosper) permits a maximum of 600 urban-style units and 150 Townhomes within 115 acres on the west side of Preston Road, north of US 380. *Development of Townhomes will decrease the number of permitted multi-family units. The multifamily density is 21 units per acre and the Townhomes is 10 units per acre. 6.Planned Development-94 (WestSide) permits a maximum of 480 urban-style units within 23 acres on the east side of FM 1385, north of US 380. The construction of multifamily units is dependent on the development of non-residential uses in this PD –refer to PD-94. 7.Planned Development-98 (Alders at Prosper) permits a maximum of 188 age-restricted units within 11 acres west of Mahard Parkway, north of US 380 and allows for 18 units per acre. 8.Planned Development-106 (Downtown Loft Apartments) permits a maximum of 330 urban-style units within 9 acres east of BNSF Railroad, north of Fifth Street this allows for 34 units per acre. 9.Planned Development -107 (Ladera) –Age restricted detached single-family dwellings on a single lot. The development is classified as multi-family but for population estimates they are calculated as Townhomes.Updated 06/30/2022 6. 480 MF Units (23 Acres) 21 Units/Acre 7. 188 Age Restricted MF Units (11 Acres) 18 Units/Acre 8.330 Urban Style MF Units 34 Units/Acre 9.245 Age Restricted MF/TH Units Under Construction 4 Units/Acre Page 276 Item 19. Page 277 Item 19. Page 278 Item 19.