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01.22.2008 Town Council PacketISPER OWN OF 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, January 22, 2008 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. EXECUTIVE SESSION 4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project. b. Section 551.087 to discuss negotiations with Western Development Group regarding the Sanitary Sewer Line and Legacy Drive. (ML) C. Section 551.072 to deliberate the purchase, exchange, lease or value of real property located at the northwest corner of Church Street and First Street. (WH) d. Section 551.097 to deliberate on economic development negotiations regarding projects within the Town of Prosper. (DT) 5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 6. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • December 8, 2008 — Regular Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WI) FINANCIALS C. Consider and act upon the financial statements ending December 31, 2007. (RB) CITIZEN'S 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 Comments Form" and present it to the Town Secretary prior to the meeting.) 7. Other Comments by the Public. Page 1 of 3 REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 8. A public hearing to consider and act upon a request to rezone 285.5f acres, located on the north and south side of First Street, 2,650f feet east of Coit Road, from Agricultural (A) to Planned Development -Single Family (PD-SF). (Z07-18). (CC) 9. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of approximately 10.0141 acres of land located in the Spencer Graham Survey, Abstract No.359, and being more generally located +3700 east of Coit Road and +1840 north of E. First Street. (MD) 10. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of approximately 10.85 acres of land located in the George Horn Survey, Abstract No.412, and being more generally located north of Prosper Trail and west of Custer Road. (MD) DEPARTMENT ITEMS 11. Review and discuss the Town's financial audit of the 2006-2007 fiscal year. (RB) 12. Discuss the Town's quarterly investment report for the Quarter ending December 31, 2007. (RB) 13. Consider and act upon 1) Letter of Agreement with RW Beck to create a Water, Wastewater, and Utility Business Plan and 2) a resolution authorizing the Town Manager to execute the same. (ML) 14. Discuss and update Town Council on the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289. (HW) 15. Consider and act upon 1) the First Amendment to the development agreement between MF V Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Town Manager to execute the same. (HW) 16. Consider and act upon 1) letter of agreement with HOK for the Town of Prosper Gateway Enhancement Study and 2) a resolution authorizing the Town Manager to execute the same. (MI.) 17. Consider and act upon 1) Memorandum of Understanding with ConBrio to facilitate a Town Meeting / World Cafe discussion on Saturday, March 22, 2008 and 2) a resolution authorizing the Town Manager to execute the same. (MIL) 18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 19. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, January 18, 2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. Page 2 of 3 - • ' Town Secretary In addition to any specifically identified Executive Sessions,' oo II any point during the open meeting to discuss any item posted Z4 be open. Should Council elect to convene into Executive Sesso,j result of this Executive Session, will be taken and recorded inApen Date Noticed Removed ®`%%j1 16e®6i, Plexception o O F P �i ya�a•t�y*fission under Section 551 of the Texas Government Code at The Open 9 t provides specific exceptions that require that a meeting will be sh� �oidentified and announced. Any subsequent action, as a epion. ,a o ? w NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: TIS nr sier Town Meetin f A �eelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or se y s su81► as Inte (ret )r for pens � e deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at 972 346- 0 or FAX 972 347-21 B LE IS NOT AVAILABLE. ®s'� •o�''"000eoo �o Bpi®`If�EXAS"o��®o Page 3 of 3 I TOWN OF SPER 1. Call to Order / Roll Call. The meeting was called to order at 6:06 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, January 8, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem. David. Bristol, Deputy Mayor Pro-Tem Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Rayi inith. r .k XN t� Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Devdlopment Services; Kirk "i, "..� McFarlin, Police Chief; Wade Harden, Senior Planner; Ron Butler, Business Manager; and Matthew Denton, Town Secretary. Invocation and Pledge of Allegiance. The invocation was given by Bruce Kendrick, Mayor Niswanger led the Pledge of Allegiance. Matthew Denton, Town March 10t'. Council PI CONSENT AGENDA Consent Agenda C. 10th Election will be February 9`h through from the following Council meetings. (MD) awn Council Meeting is sports fields and/or the construction of future sports fields. (WH) Consider and act to accept a petition presented by Forest City Land Group to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 2106.592 acres of land and being more generally located north of Hwy 380 and west of Fields Road. (MD) d. Consider and act to accept a petition presented by Forest City Land Group to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 27.149 acres of land being more generally located east of Good Hope Road and +1600' north of Hwy 380. (MD) Page 1 of 4 Mayor Pro-Tem Bristol requested Item 4e be pulled from the consent agenda. Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve the consent agenda items 4a through 4d subject to staff recommendations. Motion approved 7-0. FINANCIALS e. Consider and act upon the financial statements ending November 30, 2007. (RB) Mayor Pro-Tem Bristol and Deputy Mayor Pro-Tem Turley had a few question regarding the November 2007 financial statements. AV Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro - financial statements. Motion approved 7-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 6. Presentation of Service Plan and First Pi approximately 10.0141 acres of land locate; being more generally located +3700 east of Motioned by Mayor Pro"�Te i Bristol, seconded by Cou Motion approved 7-0. %.:� . • Mayor -tuber 2007 hearing, t+84 nsider the voluntary annexation o 'he Spencraham Survey, Abstract No.359, and Road and0 north ofE. First Street. (MD) Smith to open the public hearing. There were no comments by il--bublic. N&V Motioned tiytDeputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to close the public hearing. Motion avvrovedfa7.-0. Mayor Niswanger closed the publlearing at 6:20 p.m. . 7. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 10.acres of land located in the George Horn Survey, Abstract No.412, and being Vr more generally located north of Prosper Trail and west of Custer Road. (AM) Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 6:21 p.m. There were no comments by the public. Page 2 of 4 Motioned by Councilmember Dugger, seconded by Councilmember Smith to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 6:22 p.m. DEPARTMENT ITEMS 8. Consider and act upon 1) approval of a Nonexclusive Distribution Agreement with the North Texas Tollway Authority and 2) adopt a resolution authorizing the Town Manager to execute the same. (MD) Matt Denton, Town Secretary, gave council background information on this i Motioned by Councilmember Wadsworth, seconded by Councilmember Duggerto approve the resolution authorizing the Town Manager to execute the Nonexclusive Agreement with the NoftffUexas Tollway Authority. Motion approved 7-0.� 9. Consider and act upon 1) Change Order number 2 to include $38,804.20 ' dollars of paving improvements in Collin Green to Collin Court and 2) adop't> a resolution authorizing the Town Manager to execute the same. (F,n " Mike Land, Town Manager, gave council background information Motioned by Deputy Mayor Pro-Tem Turley, si onded by Number 2. Motion approved 7-0. 10. Consider and possibly act upon 1) an ame contract, increasing the conract amount by field lighting and 2),VpproMeho an (WH) ft�. Is Wade Harden, Senior Planner; to approved Change Order "'to theme' ERepAe erra Studio design and construction nclud to idesign and engineering of sports ig the Town Manager to execute the changes. ion on this item. Motioned by ounei member Wadsworth, seco def t y Councilmember Drown to approved Changer Order Number i s presented, increasing the contract by $3,300 to a total of $35,700. Motion approved 7-0. 11. Con ider and possibly autho ri:!''..In Staff to submit a Letter of Intent to Burlington Northern / Santa a Railroad (BNS111to establish a new crossing quiet zone within the Town of Prosper. (WH) Wade Harden, Senior. 'anner, gave•{council background information on this item. Mike Land, Town Manager;. and Hulon Webb, Director of Development Services also answered questions for council. Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem Turley for staff to submit a Letter of Intent to BNSF to establish a quiet zone within the Town of Prosper and for staff to pursuing closure of the train crossing north of the Prosper Trail crossing to extend the length of the quiet zone. Motion approved 4-3 with Councilmeber Dugger, Councilmember Wadsworth, and Mayor Pro-Tem Bristol voting "no." Page 3 of 4 12. Consider and act upon adoption of an ordinance amending Section 4 E. of the Comprehensive Parks Ordinance. (WH) Wade Harden, Senior Planner, gave council background information on this item. Motioned by Councilmember Wadsworth, second by Mayor Pro-Tem Bristol to adopt the ordinance as amended. Motion approved 7-0. 13. Discuss and give direction regarding traffic safety along Hwy 380. (MIL) Mike Land, Town Manager, gave council background information on this item.p#xh. ,1 Hulon Webb, Director of Development Services, answered questions for count 1: Jason Harber, 1000 Chapala Ct., La Cima HOA Representative, La Cima Blvd. Council directed staff to work with TxDoT on doing intersections. 14. Consider and act upon approval of a resolution Regional Water District Board of Directors. (ML) of placing a traffic light at 380 and Study at the 380/Vi%-,,`,Lma and 380/Coit member to the Upper Trinity Motioned by Mayor Niswanger, seconded by C&'hcilmember Wadsworthfito appoint Chris Blair to the Upper Trinity Regional Water District Board of Directors.., Motion approved 7-0. EXECUTIVE SESSION 15. Recess into closed se sion- .1c pliance with ;Section 551.001 et. Seq. Texas Government Code, to wit: Section 551087 to deliberate on econom c development negotiations regarding the Gates of Prosper project. ��i 16. Reconvene into regular andtakejana�chan necessary as a result of the closed session. 17. Podirect %.lStaffNtatdule topic(s) for discussion at a future meeting. Mayor Pro-Tem Bristol requested' "the Parks d Recreation Board and EDC Board Minutes be in the next agenda Packet. Ma. or Pro-Tem Bristol' also requested updates on the EDC 2008 Workplan, emergency notification procedures, and � e orest City agrinent. Mayor Niswanger requested an update on the property behind the Exxon at Prosper Trail and Preston. 18. Adjourn. Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn. Motion approved 7-0. The meeting was adjourned at 7:26 p.m. Matthew D. Denton, TRMC Town Secretary Charles Niswanger, Mayor Page 4 of 4 PARKS AND RECREATION To: Mayor and Town Council From: Wade Harden, Senior Planner Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — January 22, 2008 Date: January 14, 2008 Agenda Item: An update on the Town's sports fields and/or the construction of future sports fields. Description of Agenda Item: At the June 12, 2007 meeting, a request was made by Councilmember Wadsworth to have an update on the Town's sports fields and/or the construction of future sports fields on future agendas. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering the following options at Folsom Park and on the 57 acre community park site. 1. Folsom Park (located next to Folsom Elementary in the La Cima subdivision): Staff is awaiting notification from TPWD for a 50% matching grant (up to $390,000) that was submitted to use as leverage funds with the recently approved Collin County Grant (up to $390,000). La Terra Studio has completed the first of four tasks of the design contract. A few conceptual plans have been reviewed by the PARBd and one selected as a basis for the design (Concept "C"). This design will go through further development and early construction documents for PARBd review later this month. The anticipated bid date is planned for this March with a fall completion date. 2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south side of Frontier Parkway, west of the BNSF Railroad): At the August 23, 2007 PARBd meeting Fred Montes, AIA of PBK presented conceptual master plans for the 57 acre community park site. The Parks Board directed Town staff to meet with Prosper ISD, Prosper Sports Association (PSA), and Prosper Area Soccer Organization (PASO) to discuss the proposed design. Staff initiated contact with PSA and PASO, and should be meeting with Prosper ISD in the near future. Town staff has requested a formal proposal for design services from PBK to present to PARBd and Town Council. Town Manager Mike Land has met with Prosper ISD to discuss the creation of a Master Plan for the entire site, including the Prosper ISD parcel. Staff has contacted PBK requesting an update on the status of the Project. Town Staff is waiting on PBK to submit a revised contract that better reflects the scope of work for the master planning of the site. This project has a tentative completion date of Summer of 09' for Phase I. Agenda Item No. 6b - Page 1 of 3 Attached Documents: Concept"C" Town Staff Recommendation: No action needs to be taken on this item. Agenda Item No. 6b - Page 2 of 3 --- - ------ CM"CXU-tYAAKJUMx 171, % \- .. S'A ".. V. A, W RXIM-11 Mo. Agenda Item No. 6b - Page 3 of 3 pri�WN OF SPER January 14, 2008 FIRST QUARTER VARIANCE REPORT OCTOBER, 2007 - DECEMBER, 2007 FY 2007/2008 At the end of the first quarter of Fiscal Year 2007-2008 overall revenues collected by the General Fund is 28.8%. This is based on a FY average of 25% as average collection for first quarter. The Water Fund has collected 26.26% of it's average FY first quarter. For the same period of time, the overall expenditures for the General fund is 19.14% and the Water Fund expenditures are 14.38%. Both are below the average of 25% for the first quarter. For the period of October through December, 2007, both funds have revenues that exceed their expenditures. The General Fund had 9.68% of revenues over expenditures while the Water Fund had 11.88% of revenues over expenditures. The following variances for revenues and expenditures are on accounts that are budgeted for $5,000 or more. v �Q 4; G1 y y 0 ` d mQ N N N tn p T H N Ln .d h L h y H O X X O c C ° O � 41 'ZI C x N O C U 4 _ _ Gl Gl Gl 0 L Y Y C C C G1 C > C O O Q p L L L u u 0 ++ ° °1 0 0 0 0 0 0 o Loo c u u CCo Co L G 5 (7 (,7 Lo O O LL W S V a v ao v m Ln N Ln O O m N C �0 r- U U rl N N N .--i m M m N N N N Ln N r-4 G1 O � U m 0 0 0 m m w � N n N 0 cn N r6I O -i q -i LO -�t LO O1 Ln Ln Ln 00 O Ln I, N r4 N O I, Mq4:' q4 N fV u m Ln Gl Ln N m , . . m Q i i O O N 00 O O 00 O O O O O M O O O N rt O R 01 00 O O Ln O N O C O Ln m N O N O N w wN N N N .d Ln ei Ln , O O N a-1 a-1 r 4 W , :3 N , e-i N N i i m r I y C Y C C O f6 L C :3 C U a f6 c o o Y a C W U cu v ui N i N N N to LL N z W L vl N uLA- c V (D N w O Q O ., H N H W N LM 1+xx- y X X U wMM(D LL to v LL> y O G1 E O h H H LL w N C W4+ H H c N 41 X N G7 G7 LLL N Gl O m 1 C > N C t: i a H H E H N L L ++ X 'C ++ v n. n. c L c c 3 N cu w y fC m m C v v L 41 rrn d d N Li LA- LA- m Q Q +, 0 4+ CL Q c C (1 Ln Ln o Ln c) c)o c) c) Ln Ln oo c) c)41 _ L 'C m O r-4 r-4 N qq, Ln 0) O O .4 rl .-+ r-4 M O O �4 �4 �4 a-1 r4 r4 rl fV N N N LO Gl H E C c O Q I c O Y f6 a O a _c d H m G1 U C C N E E O U 9 C N N N O N U U N L O O a u PV I, O Ln io N fV L Q Q ON O O 41 N LO N O M 7 � m r•+ Q cu'I � Ln NO o U � � � dl 'I 1-4 O d IS 3 � C O � L m- a c o �L Y C � 3 L d H � a cr V L Q c 0 0 c a° * " C O CDN N a V L a O a u O C, O rol .1 tD r� Ln Q 0 O to O O O O o O �+ I� O O O a V1 O V1 3 m ' ' a O V Lu H H : N E O a E aLn L f0 m N LL a, taj N C O t N at O y rn szl 0 al O O to O O CD N v N u° cl o a ti 4 — c � � L O a u � m E co Y u L _0 � In .+ O0 cu t v C a H Y O w E fO u L O0 O N O E L .A -0 > a, O u u C O O O ro Z 2 L, C N N �N-I �N-I dN' CD }�+ U u L a O a u o�emoLno tD m N tD It f0 r� m m 00 u 1D m v m Q tD 0 ' N O O O O O �+ V, O O to O to N N O 00 3 m d m N ' C H �O+ i O 7 L L a a O f0 v� LL a u co a s 0 c O O a E u m y f6 u N u V LLf a a OA \ 33u°z m C LL r > cN r y szl 0 Ln in -0 O O �O tD �OO .�-1 LO O U v v v -* -t v 3 O .0N a �I til C +a•,Ln N U U L � a O a u tD 7o 0 0 41 u to o ' O a0 y 41 m 0 ER FIRST QUARTER VARIANCE REPORT OCTOBER, 2007 - DECEMBER, 2007 FY 2007/2008 EXPENDITURES (Accounts budgeted $5,000 or more) a a L v a y O1 y O1 m L y V I� y 10 L O N aJ O � O n. aj > }, cy0 aJ .a L y 00 p �+ OJ C O GJ 0 O M L UE O OJ m OJ y t0 D_ N 1 Lh C O1 C 3 y N O 0 a.+ E N y (0 Y 3 OJ w fy0 (6 OJ E21 0�f E v E L '3 t ° u v o m a, t= O 3 o o +r U o_ U u U off' off'`o° 9 off° o n m m� m m N m o N m u vl V NI a)dl a a a N f0 00 O N lD m T l0 N f0 M lD � ate + f0 M Ln -W � U1 lD 1f1 Id1 tD l,- M d 00 N NW 00 00 W u Q M I'. f\ N N N lD N Cf 1I. M tD N O O Q M lD 00 D1 00 �.I Q r-I N C1 f\ w VI IA UI C C C o N o o o 0 0 0 o o Ln r4 a CL CL tD tD I� O 00 O O x O O O x x a, P- 00 kD -IT 00 00 O as a, O 00 00 as a, 00 o aJ rN-I 10 ` Ln Pi N m lD m i m O m O L air m O 7 +� 10 a+ 10 +� J C i O i C 1 aao O Ln O Ln C � y L N C �= y IA ` N C W ` 0 : (U 0J V N �+ �. V N O O E y N y10 QJ M j V m m C n a, y a > C as al .. V y to > C as d a. V y �' C as i v c n Qj y % J CC W N w C Ill x •� Ill x x as ' 0 w x as i y Oc y C 2 E ` o t L .1! L y •� LL L Y 1L0 ,a r :� 0aJ O. aN+ V C. C. w 4; w aj m a+ c aJ m m d C CS 1 aJ V) N Co >> H u C w U u V, H C C 4. f0 v a. m v a. m ( j m •m (IjI o w -itm w pQj j i O O f OJ L y OJ ` rn OJ ` 1 O V1 O r I O O O O O O Ln cc y pl Ln 1 U �N-1 V-4 r^-I M M Rt L11 rr-I m U N A lD 10 U eti N L C U1 �n Ln Ln Ln Ln Ln lD 7 Q Ln lD tD Ln Ln z i 0 V 0 Q V 0 C L -0 O d O d 20 7 O d ! L LLI LLI O > V) LLI O > VI LLI 0 oc c � a, a t Y Y u Y O O E N L N Y CL 41 u Cr u w Qu1 0aj Y E N L M Y E C E C E O O' E E � E U ti 0 00C � U d V a Y y d 00 N M Y C y O 00 Y C y O 00 N G1 :DI a a a j m Q m Ln r� N N N ul of 01 rl 00 OA Q 0000 Ln 7 uN QI M 7 QI Ln N �I v 9A IA m N c N O O O O O O O O O Lr O Q Q N l0 N M Ln 0) OYJ N 0) 01 O M M !0 L 'O N m O u 4. m O m 0 O L tu N O fM1 O Y A •� O C w a) IA LnC N C a+ O O in E O' �_ L w O l+ aT+ i & O l+ U C N 2 7 � W .� C y U 00 .� c U o0 w w CL Q 01 O O Q OJ C O O _ O N W 7 H Q v� in m M +'a Y20 Y 0 Y CL C I-1u.1 O y VI M N� m C VI !0 VI a�-I N Ln Lnl0 a Q Ln a Ln O O O aj O a �I O > Q) til ail lz Z) w s p FINANCIALS FY 2007 - 2008 DECEMBER, 2007 O F IF tr: Regular Meeting Prosper Town Council January 22, 2008 6:00 p.m. To: Mayor, Town Council, and Town Manager From: Ron Butler, Finance / Business Manager Re: December, 2007 Financial Reports The Financial Report on the Town of Prosper for the month of December, 2007 is a reporting of the cash, taxes, revenues, and expenditures in summary and by department. The 2004 and 2006 Bond summaries have been added to the condensed financials for your review. The Financial reporting format provides information to the council and the departments that reflect the operation of the Town and the departments on a monthly and year-to-date basis. Visual graphics, current month operation information, and percentages have been added to help further understand the information provided. The format of the Financials will be changing in the near future to provide additional information and usefulness as a management tool for Town Management and Council. Future changes will include a column for a forecasted monthly budget and a variance column for the month. In addition to the changes and to save on copy costs, only the revenue and expense summaries are provided for review. Individual department summaries are available at Town Hall upon request for review. The first quarter of Fiscal Year 2007-2008 ended December 31, 2007 with revenues exceeding expenditures in both the General Fund and the Water Fund by 9.68 % and 11.88% respectively. The financial report for December, 2007 indicates that revenues for both the General Fund and the Water Fund are exceeding forecasted revenue projections of 25%. Expenditures for both funds are below average projections. Total cash in the bank at the Town's local bank, for all funds, is $2.4 million and the government pools, TexPool and TexStar, has a total of $23.2 million for all funds. $1.2 million was moved to the government pools in December, 2007 and another $2.1 million is being moved in January, 2008 to obtain a higher interest yield on the Town's money. Future no risk investments for higher interest yield will be discussed with the government pools Investment Officers. The General Fund property tax revenues for the current fiscal year are increasing as expected. Property tax payments started increasing in December and will continue through January, 2008. Sales tax revenues still continue to go down in comparison to previous years. With the building industry taking a slight down turn at present time, the Town will continue to see a decline in sales tax revenue. As new retail business begins to come into Prosper, the sales tax generated by these businesses will help to offset the declining sales tax loss from the building industry. CVS Pharmacy is expected to be operational about March, 2008 and sales tax should show a slight increase as the year progresses. Your comments and suggestions are welcome so that the Finance section can generate reports that are meaningful and will assist you in your decision making for the Town. 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E l0 a C d E « C N M C +a a Y r` U 3I Lq `n o00 W a .o cLf C m L o U o 0 0 CO O Z � LO d O v M CL Am n V o �Z N IL m r, 10 V o 00 co Cl) � co an m N Cam) QI N OBI 3 C LqcqW W 0 0 w N W LL Z Z Y g a cc m J � Z Q = a U H r co 001 GO (00 r ui N Go ) CO r` i m (O O r) (O CO n (O 1 CA 1 N 1to 1 1 L 1 M n LQ Go 0 n i CA CO N O r` N rz CO N (O CO Cl) co M (O Oni M Q O H m LL T w N co N C O C O v N LL c 0 m c O v cOi O IL LL U co w V N 0 O a 0 a LL0 0) U O C C CL) w H.0 C O .O U O W CO) 1 0 N f0 7 N CA y '~ m C F- 7 LL y 7 C O j C f0 E �U � U) N 0 0 0 0 0 0 0 C O O O O O O O ao000000 OLO0LO0r`oI- N w a LnfA� N O ww � N 0— CO X 0a c 0 m 0 c O d O X M o N O N Cq w w w 0 LL 0 0 0 -0 LL ULL 009 CL w C Cl)�°° �C�wa C O aO+ L Z ~ p,1OWN OF SPER FINANCIAL SUMMARY PROPERTY TAX REPORT & GRAPHS PROPERTY TAX REPORT THREE (3) YEAR PROPERTY TAX COMPARISON PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS Oct Nov Dec Jan Feb Mar % of Total { % of Total Month FY 05/06 Collected FY 06/07 Collected Month FY 07/08 Oct $ 1,187.18 0.08% $ 29,457.50 1.77% Oct $ 50,747.84 Nov $ 51,306.76 3.26% $ 70,460.97 4.22% Nov $ 279,501.69 Dec $ 665,598.53 42.34% $ 906,001.34 54.29% Dec $ 1,492,707.87 Jan $ 423,246.34 26.92% $ 876,903.32 52.55% Jan Feb $ 387,560.32 24.65% $ 744,527.90 44.62% Feb Mar $ 34,578.18 2.20% $ 114,929.76 6.89% Mar Apr $ 28,827.86 1.83% $ 46,745.77 2.80% Apr May $ 17,896.93 1.14% $ 43,138.91 2.59% May June $ 26,630.43 1.69% $ 35,827.45 2.15% June July $ 23,375.92 1.49% $ 70,078.70 4.20% July Aug $ 7,195.32 0.46% $ 36,247.22 2.17% Aug Sept $ 6,076.11 0.39% $ 13,684.32 0.82% Sept % of Total Collected 1.22% 6.74% 35.98% YTD Totals $ 1,673,479.88 106.46% $ 2,988,003.16 179.05% $ 1,822,957.40 43.94% Collected YTD $ 4,148,422.58 Total taxes due includes delinquent THREE (3) YEAR SALES TAX COMPARISON TOTAL COLLECTIONS TOWN OF PROSPER, TEXAS $210,000 - — $200,000 — $190,000 $180,000 + $170,000 — $160,000 $150,000 $140,000 $130,000 $120,000 — SV — $110,000 $100,000 $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 $N Oct Nov Dec Jan Feb Mar 1§Lne July Aug Sept �- FY 05/06 FY 06/07 FY 07/08 Month FY 05/06 FY 06/07 Oct $ 196,881.25 $ 166,712.63 Nov $ 170,412.36 $ 141,697.21 Dec $ 167,516.79 $ 116,018.11 Jan $ 160,464.80 $ 146,262.04 Feb $ 165,611.73 $ 119,028.30 Mar $ 140,085.12 $ 124,929.81 Apr $ 196,971.39 $ 96,866.94 May $ 180,523.03 $ 196,793.13 June $ 166,563.38 $ 129,919.29 July $ 178,924.32 $ 126,538.37 Aug $ 130,518.50 $ 119,679.50 Sept $ 154,215.18 $ 122,140.90 Current Yee - _ $ Amount % of Change FY 07/08 Inc /(Dec) Inc / Dec $ 124,885.22 $ (41.827-41)-25.09% $ 106,473.48 $ (35,223-73)-24.86% $ 105,454.73 $ (10,563.38) -9.10% Totals $2,008,687.85 $1,606,586.23 $ 336,813.43 $ (87.614.52)-20.64% THREE YEAR (3) COMPARISON ECOMONIC DEVELOPMENT CORP. PROSPER, TEXAS $60, 000.00 - $50,000.00 $40,000.00 $30,000.00 $20,000.00 - - — - --- - -- -- — - — $10,000.00 - -- - — ••-••-- Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept - �- FY 05/06 t FY 06/07 FY 07/08 4:: EDC Share EDC Share Month FY 05/06 FY 06/07 Oct $ 49,220.31 $ 41,678.16 Nov $ 42,603.09 $ 35,424.30 Dec $ 41,879.20 $ 29,004.53 Jan $ 40,116.20 $ 36,565.51 Feb $ 41,402.93 $ 29,757.08 Mar $ 35,021.28 $ 31,232.45 Apr $ 49,242.85 $ 24,216.74 May $ 45,130.76 $ 49,198.28 June $ 41,640.85 $ 32,479.82 July $ 44,731.08 $ 31,634.59 Aug $ 32,629.63 $ 29,919.88 Sept $ 38,553.80 $ 30,535.23 YTD Totals $ 502,171.98 $ 401,646.57 Current Year EDC Share $ Amount % of Change FY 07/08 Inc / Dec Inc /(Dec) $ 31,221.31 $ (10,456.86)-25.09% $ 26,618.38 $ (8,805 92)-24.86% $ 26,363.68 $ (2,640 85) -9 10% $ 84,203.37 $ (21,903 62) -20 64% $ 390,000.00 Budgeted Sales Tax LSPER OWN O F p 2004 BOND On January 13, 2004, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $10,500,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: 1. To pay costs of extending, constructing and improving Town's sewer system, including, constructing sewage lift stations, extending and upgrading sewage collection lines and force mains throughout the Town. 2. To pay costs of constructing and improving the Town's water system, including the construction of elevated and ground water storage facilities and acquiring interests in land for such storage facilities, extending the water distribution system including extending and upgrading water lines and constructing pumping stations to improve access to, and the flow of water in, the Town. 3. To pay costs of constructing and equipping municipal park improvements and acquiring interests in land for parks and open space. 4. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. 5. To pay costs of constructing and equipping municipal buildings, specifically: a town hall, fire stations, police facilities, court facilities and acquiring interests in land for such buildings. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The Town Council has indicated that the Town will periodically account to the citizens of the Town, using the Town web site and other means of informing the citizens, as to how the proceeds of the Certificates of Obligation are spent. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. i Difference Description of Project Date of Description of Amount between and Estimated Cost Expenditure Expenditure Expended Estimated Cost and Amount Expended Fire Station Pogue Construction $100,000.00 $ 130,248.00 $490,990 Pogue Construction $ 25,174.00 $ 105,074.00 $230,248 12/9/04 Pogue Construction $ 85,957.00 $ 19,117.00 07/31 /06 $ 19,116.55 $ .45 Total $230,247.55 Status: The Town's new Central Fire Station was completed in July. A grand opening ceremony was held on September 26, 2004. This project requires no additional funding from the 2004 Certificates of Obligation. 1/05/07 W. R. Hodgson $ 199,378.94 $ 3,469,256.66 1/05/07 W. R. Hodgson $ 496,636.25 $ 2,972,620.41 1/19/07 Freese & Nichols $ 5,635.02 $ 2,966,985.39 1/19/07 Freese & Nicho $ 2,704.08 $ 2,964,281.31 1/19/07 Red River Const $ 260,195.39 $ 2,704,085.92 1/23/07 W. R. Hodgson $ 50,567.55 $ 2,653,518.37 2/12/07 Freese & Nichols $ 3,176.40 $ 2,650,341.97 2/12/07 Freese & Nichols $ 5,568.24 $ 2,644,773.73 2/12/07 Red River Const $ 282,792.75 $ 2,361,980.98 2/23/07 W. R. Hodgson $ 425,850.80 $ 1,936,130.18 2/27/07 Freese & Nichols $ 5,000.00 $ 1,931,130.18 3/13/07 W. R. Hodgson $ 253,116.72 $ 1,678,013.46 3/13/07 Red River Const $ 265,950.24 $ 1,412,063.22 04/09/07 Freese & Nichols $ 992.49 $ 1,411,070.73 04/09/07 Freese & Nichols $ 4,972.42 $ 1,406,098.31 04/09/07 W. R. Hodgson $ 104,328.05 $ 1,301,770.26 04/09/07 Red River Const $ 620,934.67 $ 680,835.59 04/10/07 Spiars Engineering $ 475.00 $ 680,360.59 05/02/07 Freese & Nichols $ 3,806.38 $ 676,554.21 05/02/07 Freese & Nichols $ 6,147.40 $ 670,406.81 05/02/07 Red River Const $ 166,514.45 $ 503,892.36 06/20/07 Freese & Nichols $ 12,869.13 $ 491,023.23 06/20/07 W. R. Hodgson $ 27,113.00 $ 463,910.23 06/25/07 Home Depot $ 223.46 $ 463,686.77 Change orders $119,029 07/2007 $ $ 582,715.77 07/23/07 Freese & Nichols $ 10,379.53 $ 572,336.24 07/23/07 Freese & Nichols $ 3,393.83 $ 568,942.41 07/23/07 W. R. Hodgson $ 5,320.00 $ 563,622.41 08/31 /07 Red River Const $ 22,427.97 $ 541,194.44 08/31/07 Freese & Nichols $ 2,387.37 $ 538,807.07 09/30/07 Red River Const $ 77,824.02 $ 460,983.05 12/11/07 1 Red River Const 1 $ 41,013.65 1 $ 419,969.40 Status: The Town has entered into a contract with the North Texas Municipal Water District (NTMWD) to provide the Town with another source of surface water. The Town has executed contracts with Red River Construction to construct a 3 MG ground water storage tank and pump station and with Hodgson to construct a 30" water line to receive and distribute the surface water to be received from the NTMWD at a site near the intersection of Custer Road / US 380. The project is scheduled to be complete in the Spring of 2007. Town Facilities (Town Hall, Perkins & Will $ 23,339.56 $ 48,849.12 Police/Courts, Fire Station, 11/8/04 Perkins & Will $ 36,600.00 $ 12,249.12 etc) 09/30/05 Randal Scott $ 12,249.12 $ 0 $2,A99;AA8 Total $ 72,188.68 $72,188.68 Status: To meet its current need for facilities, the Town has relocated its Police Department to 113 W. Broadway and purchased a building at 121 W. Broadway to serve as Town Hall. The construction of additional facilities is on hold. Police Department Renovations $60, 000 Status: li T OWN O F SPT 2006 BOND On July 25, 2006, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $12,000,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: To pay costs of constructing and improving the Town's water system, including the construction of an elevated water storage tank and water distribution line. To pay costs of acquiring, constructing and equipping municipal park improvements and open space. To pay costs of constructing and improving roads and streets in the Town and related infrastructure. To pay costs of extending, constructing and improving the Town's sewer system. To pay costs of acquiring land and interests in land as may be required in connection with the purposes as described in 1 through 5. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. Description of Project and Estimated Cost Date of Expenditure Description of Expenditure Amount Expended Difference between Estimated Cost and Amount Expended Project: 12/13/06 Freese & Nichols $ 5,457.81 $4,994,542.19 ' 1.5 MG Elevated Storage 12/13/06 Freese & Nichols $ 3,351.81 $4,991,190.38 Tank and 1st Street 20" 01/19/07 Freese & Nichols $ 6,811.20 $4,984,379.18 Water Line 01/19/07 Freese & Nichols $ 9,519.69 $4,974,859.49 $6,17-3,900 02/15/07 Freese & Nichols $ 18,945.13 ` $4,955,914.36 Contract $4,407,210 02/15/07 Freese & Nichols $ 21,622.24 $4,934,292.12 Acq Land & Easement 02/27/07 Freese & Nichols $ 53,452.37 $4,880,839.75 $ 592,790 02/27/07 Freese & Nichols $ 1,533.92 $4,879,305.83 03/19/07 G.M. Geer $ 1,350.00 $4,877,955.83 Total $5,000,000 04/10/07 Freese & Nichols $ 920.00 $4,877,035.83 05/02/07 Freese & Nichols $ 18,181.50 $4,858,854.83 06/14/07 TXU $ 250.00 $4,858,604.33 06/30/07 Freese & Nichols $ 42,957.60 $4,815,646.73 07/23/07 Freese & Nichols $ 46,715.00 $4,768,931.73 08/31/07 Freese & Nichols $ 10,408.54 $4,758,523.19 08/31/07 Freese & Nichols $ 5,272.75 $4,753,250.44 08/31/07 Freese & Nichols $ 11,595.00 $4,741,655.44 08/31/07 Dallas Morning News $ 267.40 $4,741,388.04 09/30/07 Freese & Nichols $ 396.75 $4,740,991.29 10/16/07 1 LandAmerica Title $ 458.00 $4,740,533.29 Project: 3/21/07 UTRW $ 62,500.00 $ 1,257,319.98 Remaining bond funds 04/24/07 Ferguson (6" Line) $ 10,594.79 $ 1,246,725.19 available 04/24/07 Keys Tapping(6" line) $ 180.00 $ 1,246,545.19 $1,319,819.98 04/24/07 Barbosa Const(6" line) $ 31,500.00 $ 1,215,045.19 05/31/07 Keys Tapping (6" line) $ 195.00 $ 1,214,850.19 05/31/07 Texas Meter $ 441.60 $ 1,214,408.59 05/31/07 Barbosa Const(6" line) $ 7,500.00 $ 1,206,908.59 05/31/07 Home Depot $ 192.50 $ 1,206,716.09 05/31/07 Barbosa Const(6" line) $ 3,500.00 $ 1,203,213.09 05/31/07 Ferguson Waterworks $ 1,028.80 $ 1,202,187.29 05/31/07 Ferguson Waterworks $ 347.19 $ 1,201,840.10 05/31/07 Ferguson Waterworks $ 45.00 $ 1,201,795.10 11/20/07 Ferguson Waterworks $ 4,582.16 $ 1,197,212.94 12/18/07 Barbosa Const(12" line) $ 7,600.00 $ 1,189,612.94 Status: The 6" pipeline from Coleman to Church is complete. The fee to UTRW is to have Prosper included the study for the Doe Branch wastewater treatment plant. Project: Interest available: $634,073.48 Status: Interest available for future project FY 2007-2008 Total Bond Expenditures $11,842,119.98 $ 3,329,969.05 General Ledger: FY 06/07 Expense $1,885,933.59 FY 07`08 Expense $1,444,035.46 Total Expenses $3,329,969.05 Balance $ 8,512,150.93 634,073.48 $ 9,146,224.41 PLANNING To: Mayor and Town Council From: Chris Copple, Senior Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — January 22, 2008 Date: January 17, 2008 Agenda Item: A public hearing to consider and act upon a request to rezone 285.5t acres, located on the north and south side of First Street, 2,650t feet east of Coit Road, from Agricultural (A) to Planned Development -Single Family (PD-SF). (Z07-18). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Planned Development-5- Single Family; Planned North Development-1 8-Single Single Family Low Density Residential Family; Outside of Town Limits Planned Development-9- Single Family; Planned Single Family; Low Density Residential; East Development-25-Single Undeveloped Medium Density Family; Outside of Town Residential Limits Planned Development- Low Density Residential; South 25-Single Family Undeveloped Medium Density Residential Planned Development- West18-Single Family; Single Family; Low Density Residential Planned Development- Undeveloped 25-Single Family Requested Zoning — Z07-18 is a request to rezone 285.5t acres, located on the north and south side of First Street, 2,650t feet east of Coit Road, from Agricultural (A) to Planned Development -Single Family (PD-SF). The purpose of the rezoning is to add 285.5t acres to the proposed Brookhollow subdivision. Agenda Item No. 8 - Page 1 of 3 Planned Development-25 (Brookhollow) was approved by Town Council on June 27, 2006. The single family component of Planned Development-25 allows for the development of 2626 single family lots and 150 townhouse lots on 897.3t acres, or a maximum density of 3.0 single family dwelling units per acre. The proposed Planned Development includes two tracts which would be included in the Brookhollow subdivision, a 174.2t acre tract north of First Street (Tract 1) and an 111.3t acre tract south of First Street (Tract 2). The proposed Planned Development would allow for the development of 278 single family lots with a minimum lot size of 10,000 square feet and 70 single family lots with a minimum lot size of 15,000 square feet on Tract 1, a density of 2.0 dwelling units per acre. The proposed Planned Development would also allow for the development of 56 single family lots with a minimum lot size of 7,000 square feet, 83 single family lots with a minimum lot size of 9,000 square feet, and 194 single family lots with a minimum lot size of 12,000 or 15,000 square feet on Tract 2, a density of 3.0 dwelling units per acre. The proposed Planned Development will allow the 285.5t acres to generally develop under the Brookhollow standards as approved in Planned Development-25. One addition to the proposed Planned Development, which is not included in Planned Development-25, is the applicant has proposed a concept plan process. A concept plan of the property showing anticipated locations of thoroughfares, collector streets, private streets, parks, and schools must be approved by the Planning & Zoning Commission prior to the approval of a preliminary plat. The concept plan will serve as a general guide for the future development of the property. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends low density residential for the property. Low density residential recommends a maximum density of 2.0 units per acre. The applicant is proposing a total of 681 single family dwelling units on 285.5t acres, a density of 2.39 dwelling units per acre. The proposed Planned Development aims to create densities which are compatible with the approved zoning of surrounding properties and includes development standards which are consistent with Planned Development-25. The density of 2.39 dwelling units per acre exceeds the recommendation of the FLUP, but is supported by Town staff due to the densities of the surrounding properties and the proposed development standards. Conformance to the Future Thoroughfare Plan — The anticipated location of First Street, a future four -lane divided thoroughfare, will be determined through the proposed concept plan process. The zoning exhibit complies with the Future Thoroughfare Plan. Water and Sanitary Sewer Services — Water and sewer service will have to be extended to the property before development. Access — Access to the property will be provided from First Street. Adequate access will be provided to the property. Schools — This property is located within the Prosper Independent School District (PISD). Anticipated school locations will be determined through the proposed concept plan process. PISD is obligated to identify any need for property for a school when a preliminary plat is submitted to the Town. Parks — Anticipated park locations will be determined through the proposed concept plan process. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by State law. Staff has received six reply forms, with none in opposition of the request. Agenda Item No. 8 - Page 2 of 3 Attached Documents: 1. Zoning Exhibits A, B, C, D, E, and F. 2. A copy of Ordinance No. 06-73 (Planned Development-25). 3. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their December 18, 2007 meeting, the Planning & Zoning Commission recommended that the Town Council approve the requested zoning by a vote of 6-1. Commissioner Dupont voted in opposition due to the request including 7,000 square foot lots. Town Staff Recommendation: Town staff recommends that the Town Council approve the requested zoning as Planned Development -Single Family (PD-SF). Agenda Item No. 8 - Page 3 of 3 LOC471ON MAP N (i a' I5O, 300' =I STALE• I• a 3W Za tarts INr: zoaYw Y:la'o Eaaa•' (ro-Ia) uIr u.., u+,w•s/.vim.. / j� Wry A tux tear se4.a. zt� 37a ! 705 t I � 14 d4fi_L{l�!✓/i 1 ! 1 !Ito Rv W .err4 w r any IW I°. E A or W .la! vets too as fe1 MM fMr M M Iat.r .Y4. 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L1eCAR1Y, A96 lOO AIO \ l `�` _'A1b- ``ram Mn« `� ��L} \ ` I % %'; - ✓ _�, L...- �i., ' ' LAnLE1L 1 � -_- =_ -' � /' `\' ; ---, _, ; / , aIL�7�1E/1�W1 IpNN iLLiNEY A/B�/SyL�aaN�/0.�41/1� '/ /`"� •__; N •' i ' C ■ K OMM Q M ff, W -- -- . /a :aoaorzloolJaseo ; ; / •` � J t i ' ' : / /.N_T= taaaeO- / I 7i ; ---/ COUROAD-N0.,933, 1 f ` 67 PROSPER, LP 162 PROSPER, LP RON FRAZE `, `i•� / `�I d D ry 1 S88'Jd'43 -- ,-'-� AND 218 PROSPER, LP. 5225 MILAGE CREEK OR. /! 167.3!' ; / / /'- ; 5400 DALLAS PARKWAY PIANO, 1ENAS 75093 TRACT 21 >` ; ' --__ - v' FRISCO. TEXAS 75034 (214) 618-3800 .255 Acres a� - l ``�`�� '' `✓' \` gp C6aalrt! AJ. Bedfo �ti/- __ --� tti Datr NOY«nNr 1. 2007 P.C, D. cm, No.344- �'(VO - 2 ` \_ tel: r %- ' ./' d) "� f' �: '' :: N t i : • . / �`� `�. }, 1 1. _ 1 Shaba Df: NOTES: THIS EXHIBIT DEPICTS GENERAL LOCATIONS OF LAND USES AND COLLECTOR STREETS. PRIOR TO APPROVAL OF - A PRELIMINARY PLAT FOR THE PROPERTY, A CONCEPT PLAN OF THE PROPERTY S140WING TI IE ANTICIPATED LOCATIONS OF THOROUGHFARES, COLLECTOR STREETS, PRIVATE STREETS, PARKS, AND SCHOOLS MUST BE APPROVED BY THE PLANNING & ZONING COMMISSION. THE CONCEPT PLAN WILL SERVE AS A GENERAL GUIDE FOR FUTURE -- a DEVELOPMENT ON THE PROPERTY. P THE THOROUGH ALIGNMENTS SHOWN IN THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENTS WILL BE DETERMINED AT THE TIME OF FINAL PLAT. _ PD-25 ORDINANCE /06-73 (217.7 ACKt5) —_—_— PD-38 (73.4 ACRES) s ,a �a I� O 'e a r � PD-25 ORDDIINA7N3CE (31.3 ACRES) US HWY 380 (PROPOSED 300' R.O.W.) L PD-25 ORDINANCE OOG-73 (218 6 ACKUS) Y r ._ire • ;�..�-v .. _ � := : `-" I ._.r - ', _. .--1—���ii=N�'R'S3•T' riLDc,'G'--M�'--'_=Y.,nn'C.•l---s.ztb•y �x:eo•.�•W'[-IRHi•Y=^'� Suaii.'4'+-�5,,. .. '. PD-25 / RDINANCE r06- (.( PD-25 (34 0 ACRES) ORDINANCE /06.73 - )t �(30.1 ACRF5) PD-25 - �I 1 •i _� RDMANCE /OG-7 (17.5'ACRE5) 4 ) :—_________ L -- I ; ceM u�rz,t d--- PD 25 j --- T -- ORDINANCE /OG 73 (62 ACRES) M25 ORDINANCE #OG-73 (36.6 hCItC51 I R I PD-25 i&Y 6$ 25 I ORDINANCE #OG 73 IiNANCE I06- (65 5 ACKL5)p- j PD-2593 , 1 ORDINANCE i,06-73 r ' IaaYFwFL 1 TRACT 2 - ' `•+ I ¢OUNT 11 1.29 AC 1 . do-S." I4m, PD-25 I ORDINANCE !OG-73 1 1'•"'" (64.8 ACRES) ORDINANCE NOG-73 1 `a'"-- � 1 (66.2 ACRES) I j I��• a R I1 ) PIES PD 25 I ,m ac ORDINANCE " 731 \ (90.7 ACKES) + I INANC S I 0 INANCE673 (20.4 ' _ N 4','lOti e Y 1 .'{4y N' R _. — — — .s• c__- 1a_ ..RRR.,E�y_ 'k"'91fd�•'--��_AYa:,y1. 1► —7 �,1110 11�0L:7�10 lls--� "'�, 9 � ----------�'~� - .. . - F------ - �� BLMkhoflow EXHRRI D ' 71 B 6 A, RES IPD75 A PDiB 284 39 ACRES,TRACT I A TRACT 2, TOWN OF PROSPER COLLIN COUNTY TEXAS 1�r�ax�u A Planned Development District adding 285.479 acres to the rookFcoClow Planned Development TOWN OF PROSPER, TEXAS NOVEMBER 20, 2007 TABLE OF CONTENTS EXHIBIT "A" - Legal Descriptions 3 EXHIBIT `B" - Statement of Intent and Purpose 9 EXHIBIT "C" -Development Standards 10 1. General Description of Tracts `1' and `2' 10 2. General Conditions of Tract `1' 10 3. General Conditions of Tract `2' 16 EXHIBIT "D" - Zoning Site Plan 22 EXHIBIT "E" - Development Schedule 23 EXHIBIT "F" - Design Guidelines & Single-family Residential Home 24 Examples Brookhollow Planned Development, Town of Prosper, TX Page 2 of 34 EXHIBIT "A" Legal Descriptions for TOWN OF PROSPER, TEXAS Tract `1' BEING a 174.205 acre tract of land situated in the Spencer Graham Survey, Abstract Number 359 and the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and being all of a 138.80 acre tract of land described by deed recorded in Clerk File No. 20060629000895600 of the Deed Records of Collin County Texas (DRCCT) and being all of a 23.74 acre tract of land described by deed recorded in Clerk File No. 20060629000895610 (DRCCT) and being all of a 10.014 acre tract of land described by deed recorded in Volume 5087, Page 2341 (DRCCT) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found for the southeast corner of said 138.80 acre tract of land and being the northeast corner of a 330.801 acre tract of land recorded in Clerk File No. 20060811001152020 (DRCCT) and being in the center of County Road #79; THENCE along the south line of said 138.80 acre tract of land and the north line of said 330.801 acre tract of land as follows: SOUTH 87014'20" WEST a distance of 790.15 feet to a 5/8 inch iron rod found for corner; SOUTH 85025'06" WEST a distance of 1,088.78 feet to a 5/8 inch iron rod set for corner; SOUTH 00018'37" EAST a distance of 236.16 feet to a 5/8 inch iron rod found for corner; SOUTH 89022'54" WEST a distance of 1,839.58 feet to a 5/8 inch iron rod set for the southwest corner of said 23.74 acre tract of land; THENCE departing County Road No. 79 and follows the northwesterly line of said 23.74 acre tract of land as follows: NORTH 00037' 12" WEST a distance of 25.77 feet to a point for corner; NORTH 17003'00" EAST a distance of 27.90 feet to a point for corner; NORTH 38057'37" EAST a distance of 61.51 feet to a point for corner; NORTH 49018'59" EAST a distance of 68.56 feet to a point for corner; NORTH 63015'30" EAST a distance of 14.03 feet to a point for corner; NORTH 54031'20" EAST distance of 3 5.5 6 feet to a point for corner; NORTH 20056' 18" EAST a distance of 7.72 feet to a point for corner; NORTH 04050'40" WEST a distance of 9.02 feet to a point for corner; NORTH 14000'44" WEST a distance of 16.71 feet to a point for corner; NORTH 45033'56" WEST a distance of 52.59 feet to a point for corner; NORTH 33041'30" WEST a distance of 31.52 feet to a point for corner; NORTH 30005'48" WEST a distance of 48.00 feet to a point for corner; NORTH 33055'07" EAST a distance of 42.00 feet to a point for corner; Brookhollow Planned Development, Town of Prosper, TX Page 3 of 34 NORTH 83039'02" EAST a distance of 37.90 feet to a point for corner; NORTH 88028'05" EAST a distance of 40.60 feet to a point for corner; NORTH 77019'45" EAST a distance of 34.52 feet to a point for corner; NORTH 49057'35" EAST a distance of 43.39 feet to a point for corner; NORTH 0 1054'18" WEST a distance of 41.20 feet to a point for corner; NORTH 14057'59" EAST a distance of 80.55 feet to a point for corner; NORTH 38043'20" EAST a distance of 33.38 feet to a point for corner; NORTH 69012' 18" EAST a distance of 84.25 feet to a point for corner; NORTH 31002'03" EAST a distance of 31.79 feet to a point for corner; NORTH 17028'02" WEST a distance of 42.69 feet to a point for corner; NORTH 52054'31" WEST a distance of 95.12 feet to a point for corner; NORTH 14059'21" WEST a distance of 77.74 feet to a point for corner; NORTH 06033'04" EAST a distance of 107.47 feet to a point for corner; NORTH 14005'46" WEST a distance of 39.45 feet to a point for corner; NORTH 44013'26" WEST a distance of 41.05 feet to a point for corner; NORTH 58040'25" EAST a distance of 75.45 feet to a point for corner; NORTH 46045'30" EAST a distance of 71.88 feet to a point for corner; NORTH 23019'01" WEST a distance of 90.43 feet to a point for corner; NORTH 21052'21" EAST a distance of 55.79 feet to a point for corner; SOUTH 72037'48" EAST a distance of 114.79 feet to a point for corner; NORTH 38051' 11" EAST a distance of 62.10 feet to a point for corner; NORTH 49017'41" EAST a distance of 156.27 feet to a point for corner; NORTH 44032'35" EAST a distance of 104.91 feet to a point for corner; NORTH 89021'03" EAST a distance of 388.78 feet to the northeast corner of said 23.74 acre tract of and being located in the west line of said 138.80 acre tract of land; THENCE along the northwest line of said 138.80 acre tract of land as follows: NORTH 00005'05" EAST a distance of 571.61 feet to a point for corner; NORTH 77033'50" EAST a distance of 826.21 feet to a point for corner; NORTH 57036'07" EAST a distance of 326.17 feet to a point for corner; NORTH 49048' 14" EAST a distance of 130.26 feet to a point for corner; NORTH 40005'22" EAST a distance of 92.15 feet to a point for corner; NORTH 26052'38" EAST a distance of 27.43 feet to a point for corner; NORTH 24042'28" WEST a distance of 29.52 feet to a point for corner; NORTH 42049'50" WEST a distance of 42.55 feet to a point for corner; NORTH 51010'07" WEST a distance of 136.11 feet to a point for corner; NORTH 29028'53" EAST a distance of 78.05 feet to a point for corner; NORTH 48004'58" EAST a distance of 72.70 feet to a point for corner; NORTH 21017'41" EAST a distance of 79.43 feet to a point for corner; NORTH 30046' 10" EAST a distance of 133.56 feet to a point for corner; NORTH 53021'50" EAST a distance of 92.18 feet to a point for corner; NORTH 31033'06" EAST a distance of 152.88 feet to a point for corner; NORTH 63035'20" EAST a distance of 105.83 feet to a point for corner; SOUTH 75034' 11" EAST a distance of 91.96 feet to a point for corner; SOUTH 46012'44" EAST a distance of 122.60 feet to a point for corner; SOUTH 61052'30" EAST a distance of 37.16 feet to a point for corner; SOUTH 81 °30' 14" EAST a distance of 47.72 feet to a point for corner; NORTH 87018'36" EAST a distance of 30.99 feet to a point for corner; NORTH 75057'54" EAST a distance of 107.07 feet to a point for corner; SOUTH 87040'40" EAST a distance of 87.37 feet to a point for corner; SOUTH 77024'30" EAST a distance of 61.35 feet to a point for corner; Brookhollow Planned Development, Town of Prosper, TX Page 4 of 34 NORTH 69°08' 10" EAST a distance of 78.62 feet to a point for corner; NORTH 30°23'27" EAST a distance of 71.20 feet to a point for corner; NORTH 49048'58" EAST a distance of 78.19 feet to a point for corner; NORTH 89013'49" EAST a distance of 119.16 feet to a point for corner, NORTH 80055'09" EAST a distance of 197.94 feet to a point for corner, NORTH 59°13'33" EAST a distance of 80.71 feet to a point for corner for the northeast corner of said 138.80 acre tract of land; THENCE along the east line of said 138.80 acre tract of land, SOUTH 00009'33" EAST a distance of 2,910.89 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 174.194 acres or 7,587,900 square feet of land more or less. Brookhollow Planned Development, Town of Prosper, TX Page 5 of 34 Tract `2' BEING a 111.291 acre tract of land situated in the Larkin McCarty Survey, Abstract Number 600 and the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas and being all of a 14.774 acre tract of land described by deed recorded in Volume 5904, Page 3110 of the Deed Records of Collin County Texas (DRCCT) and being all of 9.973 acre tract of land recorded in Volume 5961, Page 695 (DRCCT), all of a 9.989 acre tract of land recorded in Volume 5967, Page 3451 (DRCCT), all of an 8.815 acre tract of land recorded in Volume 5961, Page 700 (DRCCT), and all of a 68.727 acre tract of land recorded in Clerk File No. 20060921001363980 & 20060921001363990 (DRCCT) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found for the northwest corner of said 14.774 acre tract of land and being the northeast corner of a 330.801 acre tract of land described by deed recorded in Clerk File No. 20060811001152020 (DRCCT) and being located in the center of County No. 79; THENCE along the center of County Road No. 79 as follows: NORTH 89050'43" EAST a distance of 439.43 feet to a 5/8 inch iron rod found for corner; NORTH 89049'51" EAST a distance of 440.20 feet to a 5/8 inch iron rod found for corner; NORTH 89047'43" EAST a distance of 445.44 feet to a 5/8 inc iron rod found for the northeast corner of said 9.989 acre tract of land; THENCE departing the center of said County Road No. 79, SOUTH 00012'30" EAST a distance of 994.08 feet to a 5/8 inch iron rod set for the southeast corner of said 9.989 acre tract of land; THENCE NORTH 89057'48" WEST a distance of 265.94 feet to a 5/8 inch iron rod set for corner; THENCE NORTH 73007'36" WEST a distance of 182.34 feet to a 5/8 inch iron rod set for the northeast corner of said 8.815 acre tract of land; THENCE SOUTH 0033'53" EAST a distance of 720.76 feet to a 5/8 inch iron rod set in the north line of said 68.727 acre tract of land; THENCE along the north line of said 68.727 acre tract of land, NORTH 89030'22" EAST a distance of 435.76 feet to a 5/8 inch iron rod set for corner; THENCE NORTH 88054'48" EAST a distance of 422.52 feet to a 1!2 inch iron rod found for the northeast corner of said 68.727 acre tract of land; THENCE with the east line of said 68.727 acre tract of land as follows: SOUTH 0003 1'13" EAST a distance of 427.59 feet to 5/8 inch iron rod set for corner; SOUTH 00059'20" EAST a distance of 613.60 feet to a 1/2 inch iron rod found for corner; SOUTH 88054'43" WEST a distance of a 267.31 feet to a 1/2 inch iron rod found for corner; SOUTH 00006' 17" EAST a distance of 772.33 feet to a 1!2 inch iron rod found for the southerly southeast corner of said 68.727 acre tract of land; Brookhollow Planned Development, Town of Prosper, TX Page 6 of 34 THENCE along the south line of said 68.727 acre tract of land, SOUTH 89°43'29" WEST a distance of 1,479.31 feet to a 1/2 inch iron rod found for the southwest corner of said 68.727 acre tract of land and being located in the east line of said 330.801 acre tract of land; THENCE along the east line of said 330.801 acre tract of land, as follows; THENCE NORTH 00012'57" WEST a distance of 1,755.81 to a 1/2 inch iron rod found for corner; THENCE NORTH 00032'35" WEST a distance of 1,715.73 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 111.291 acres or 4,847,815 square feet of land more or less. Brookhollow Planned Development, Town of Prosper, TX Page 7 of 34 EXHIBIT "B" Statement of Intent and Purpose for TOWN OF PROSPER, TEXAS The purpose of this submittal is to request zoning for approximately 285.479 acres to be compatible with the zoning of the contiguous Brookhollow Planned Development (PD-25) and the zoning of surrounding properties through the provision of development standards, lot sizes, and densities that are similar to those of the Brookhollow Planned Development (PD-25) and the zoning of surrounding properties. As with Brookhollow Planned Development (PD-25), Design Guidelines included as Exhibit `F' are intended to ensure the provision of a quality planned development over time. Brookhollow Planned Development, Town of Prosper, TX Page 9 of 34 EXHIBIT "C" Development Standards for TOWN OF PROSPER, TEXAS 1. General Description of Tract `1' and `2' 1.1. Density: As summarized in the following table, this Planned Development Ordinance shall permit a maximum of 348 single-family residential units on the 174.194 gross acres located within Tract `1' as illustrated in Exhibit `D' and a maximum of 333 single-family residential units on the 111.285 gross acres located within Tract `2' as illustrated in Exhibit `D'. Of the maximum 348 single-family residential units that may be developed on Tract `1', a minimum of 20% of the total units shall be developed to the Type IA standards with the remaining lots being developed to the Type 1B standards. Of the maximum 333 single-family residential units that may be developed on Tract `2', a maximum of 83 units may be developed to Type `2C' standards and a maximum of 56 units may be developed to Type `2D' standards. All other units within Tract `2' shall be developed to Type `2A' or `2B' standards. Tract 1 174.194 gross acres —Maximum of 348 units permitted Type 1 A Minimum of 20% of total units Type 1 B All remaining units Tract 2 111.285 gross acres —Maximum of 333 units permifted Type 2C Maximum of 83 units Type 2D Maximum of 56 units Type 2A and 2B All remaining units The development standards for such residential units are outlined below or, if not specifically addressed herein, as set forth in the SF-10 Zoning District of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05, as the Ordinances exist or may be amended. 2. General Conditions of Tract `1' 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoninl7 Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All rights -of -way as required by the Town's Thoroughfare Plan and Subdivision Ordinance will be deeded to the Town at Brookhollow Planned Development, Town of Prosper, TX Page 10 of 34 the time of development with the Final Plat, unless it is determined by the Town that a lesser width of right-of-way is necessary. 2.2. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets (developed to Town standards) • Public or private parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts • Residential uses as described herein • Schools — public or private • Golf Course and/or Country Club (including clubhouse, maintenance facilities, on -course food and beverage service, and on course restroom facilities.) • Private Club operated in conjunction with a country club, clubhouse, and/or on -course beverage service. • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the issuance of the Certificate of Occupancy (CO) or completion of the final inspection on the last lot owned by the respective builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Construction or marketing office occupied by the developer of the property. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 2.3. Required Parking_ A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers in the front yard of any lot is prohibited. For purposes of this Ordinance, "recreational vehicle" means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering and "sports vehicle" means a vehicle designed for or modified for off -road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 2.4. Exterior Fagade Building Materials: (see Exhibit `F') 2.5. Area and building requirements: Lot area and building requirements are as follows: 2.5.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. Brookhollow Planned Development, Town of Prosper, TX Page 11 of 34 LOT AREA SUMMARY 1A 1B Min. Lot Area (sq. ft.) 15,000 10,000 2.5.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY 1A 1B Max. Building coverage (%) 50 50 2.5.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY 1A 111 Min. Lot Width (ft.) 90 75 2.5.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY 1A 1B Min. Lot Depth (ft.) 125 125 2.5.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY 1A 111 Min. Front Yard (ft.) 30 20 Front yards shall be staggered in accordance with Chapter 4, Section 9.3(F) of Zoning Ordinance, No. 05-20. Covered drives and porte-cocheres that are Brookhollow Planned Development, Town of Prosper, TX Page 12 of 34 architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 2.5.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY 1A 1B Min. Side Yard (ft.) 8 7 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to East First Street, unless the lot is located on a cul- de-sac or any other street that does not directly intersect with East First Street. 2.5.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with "C-shaped" houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 2.5.8. Building Height: Buildings shall be a maximum of two and one-half (2%2) stories, not to exceed forty-five feet (45') in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 2.5.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY 1A 1B Min. Dwelling Area (sq. ft.) 3,500 2,500 2.6. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community -wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non -programmed passive recreational activities such as walking and picnicking. Brookhollow Planned Development, Town of Prosper, TX Page 13 of 34 2.7. Screening and Buffering_ Residential development adjacent to East First Street shall be screened by a combination of earthen berms, turf grass, treesand shrubs and meandering sidewalk within a twenty -five-foot landscape edge. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. 2.8. Concept Plan: A Concept Plan is hereby attached (Exhibit "D") and made a part of the ordinance. It establishes general guidelines for the district by identifying the project boundaries, land use types, and approximate thoroughfare locations and illustrates the integration of these elements into a master plan for the whole district. Prior to approval of a preliminary plat for the property, a concept plan of the property showing anticipated locations of thoroughfares, collector streets, and private streets; parks; and schools must be approved by the Planning & Zoning Commission. The concept plan will serve as a general guide for future development on the property. 2.9. Streets: The collector streets conceptually shown on Exhibit `D' extending from U.S. Hwy. 380, Coit Road, F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty -foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty -foot wide right-of-way with a twenty-seven foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley -served, residential streets shall consist of a fifty -foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. 2.10. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of - Way (ROW). The homeowner's association will be created with Phase 1 and each subsequent phase shall be annexed into the association. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer. The developer shall provide the Town with a copy of a mandatory HOA agreement that will become part of the deed of record. 2.11. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be ten -feet wide and shall be generally meandering where possible. The residential streets will have a five foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. All public street sidewalks and crossings shall be Brookhollow Planned Development, Town of Prosper, TX Page 14 of 34 ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.12. Landscaping 2.12.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract `1' residential lot (see Exhibit `F'). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain after the completion of construction on the lot, such trees may be used to meet the planting requirements for the respective lot. 2.12.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees with a minimum caliper of four inches each measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.12.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. 2.13. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town's Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit `F') 2.14. Park Dedication Requirements: The development of Tract `1' will provide for a dedication of a minimum of 8.71 acres or 5% of the net platted acreage, whichever is less, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserved areas, or other purposes as determined by the Town. Park dedications for Tract `1', Tract `2', and properties subject to Planned Development-25 (Ordinance No. 06-73) may be combined and dedicated without regard to specific tract delineation, subject to approval of the Town's Parks and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 03-05 subject to approval of the Town's Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 03-05 as it presently exists, unless modified by a separate agreement. Brookhollow Planned Development, Town of Prosper, TX Page 15 of 34 2.15. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from the adjacent street. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.16. Adjacency to Major Creeks, Floodplains, and Open Space: All development within Tract `1' shall comply with Section 14 of Subdivision Ordinance No. 03-05 as it presently exists. 3. General Conditions of Tract `2' 3.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All rights -of -way as required by the Town's Thoroughfare Plan and Subdivision Ordinance will be deeded to the Town at the time of development with the Final Plat, unless it is determined by the Town that a lesser width of right-of-way is necessary. 3.2. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets (developed to Town standards) • Public or private parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts • Residential uses as described herein • Schools public or private • Golf Course and/or Country Club (including clubhouse, maintenance facilities, on -course food and beverage service, and on course restroom facilities.) • Private Club operated in conjunction with a country club, clubhouse, and/or on -course beverage service. • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the issuance of the Certificate of Occupancy (CO) or completion of the final inspection on the last lot owned by the respective builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Construction or marketing office occupied by the developer of the property. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. Brookhollow Planned Development, Town of Prosper, TX Page 16 of 34 3.3. Required Parking_ A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers in the front yard of any lot is prohibited. For purposes of this Ordinance, "recreational vehicle" means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering and "sports vehicle" means a vehicle designed for or modified for off -road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 3.4. Exterior FNade Building Materials: (see Exhibit `F') 3.5. Area and building_ requirements: Lot area and building requirements are as follows: 3.5.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY 2A 2B 2C 2D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 3.5.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY 2A 2B 2C 2D Max. Building coverage (%) 50 50 50 60 3.5.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY 2A 2B 2C _F 2D Min. Lot Width (ft.) 90 80 70 55 3.5.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: Brookhollow Planned Development, Town of Prosper, TX Page 17 of 34 LOT DEPTH SUMMARY 2A 2B 2C 2D Min. Lot Depth (ft.) 125 125 125 125 3.5.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY 2A 2B 2C 2D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 3.5.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY 2A 2B 2C 2D Min. Side Yard (ft.) 8 7 7 511 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to East First Street, unless the lot is located on a cul- de-sac or any other street that does not directly intersect with East First Street. 3.5.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with "C-shaped" houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 3.5.8. Building Height: Buildings shall be a maximum of two and one-half (2%2) stories, not to exceed forty-five feet (45') in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 3.5.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY Brookhollow Planned Development, Town of Prosper, TX Page 18 of 34 2A 2B 2C 2D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 3.6. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community -wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non -programmed passive recreational activities such as walking and picnicking. 3.7. Screening and Buffering_ Residential development adjacent to East First Street shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty -five-foot landscape edge. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. 3.8. Concept Plan: A Concept Plan is hereby attached (Exhibit "D") and made a part of the ordinance. It establishes general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations and illustrates the integration of these elements into a master plan for the whole district. Prior to approval of a preliminary plat for the property, a concept plan of the property showing anticipated locations of thoroughfares, collector streets, and private streets; parks; and schools must be approved by the Planning & Zoning Commission. The concept plan will serve as a general guide for future development on the property. 3.9. Streets: The collector streets conceptually shown on Exhibit `D' extending from U.S. Hwy. 380, Coit Road, F.M. 2478 (Custer Road), and C.R. 79 (E. First St.) shall be designed within a sixty -foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty -foot wide right-of-way with a twenty-seven foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley -served, residential streets Brookhollow Planned Development, Town of Prosper, TX Page 19 of 34 shall consist of a fifty -foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town's Thooughfare and Circulation Design Standards. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Thoroughfare Plan. 3.10. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of - Way (ROW). The homeowner's association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town with a copy of a mandatory HOA agreement that will become part of the deed of record. 3.11. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 3.12. Landscaping 3.12.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract `2' residential lot (see Exhibit `G'). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain after the completion of construction on the lot, such trees may be used to meet the planting requirements for the respective lot. 3.12.2. Yard Space that Abuts Street (side yard on a streets Two canopy trees with a minimum caliper of four inches each measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. Brookhollow Planned Development, Town of Prosper, TX Page 20 of 34 3.12.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 3.13. Fencing?: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (See Exhibit `F') 3.14. Park Dedication Requirements: The development of Tract `2' will provide for a dedication of a minimum of 5.56 acres or 5% of the net platted acreage, whichever is less, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserved areas, or other purposes as determined by the Town. Park dedications for Tract `1', Tract `2', and properties subject to Planned Development-25 (Ordinance No. 06-73) may be combined and dedicated without regard to specific tract delineation, subject to approval of the Town's Parks and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 03-05 subject to approval of the Town's Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 03-05 as it presently exists, unless modified by a separate agreement. 3.15. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from the adjacent street. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 3.16. Adjacencyto o Major Creeks, Floodplains, and Open Space: All development within Tract `2' shall comply with Section 14 of Subdivision Ordinance No. 03-05 as it presently exists. Brookhollow Planned Development, Town of Prosper, TX Page 21 of 34 EXHIBIT "E" Development Schedule for TOWN OF PROSPER, TEXAS The development of Tracts 1 and 2 is anticipated to be consistent with the development schedule included in Planned Development-25 and will range from two to twenty years dependent upon phasing. Dates are approximate and are subject to change due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Brookhollow Planned Development, Town of Prosper, TX Page 23 of 34 EXHIBIT "F" Single -Family Residential Design Guidelines for TOWN OF PROSPER, TEXAS 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6" of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. Brookhollow Planned Development, Town of Prosper, TX Page 24 of 34 0 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type `2D' guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. I ill] I RIK 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite dishes shall not be installed in locations visible from the street, common areas or other residences. Solar collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. Brookhollow Planned Development, Town of Prosper, TX Page 25 of 34 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side -to -side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4' wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar jointed brick matching the residence, or mortar jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case -by -case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and Brookhollow Planned Development, Town of Prosper, TX Page 26 of 34 kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5" caliper live oak or red oak tree for every 35' of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Per Sections 2.12.1 and 3.12.1, pre-existing trees that remain on a lot after the completion of construction on the lot, such trees may be used to meet the planting requirements for the respective lot. Brookhollow Planned Development, Town of Prosper, TX V Page 27 of 34 EXHIBIT "F" Single -Family Residential Home Examples for TOWN OF PROSPER, TEXAS Brookhollow Planned Development, Town of Prosper, TX Page 28 of 34 „� . •C,' - � �•+� -.,' cam` Type "B" Example Elevation 00, Type "B" Example Brookhollow Planned Development, Town of Prosper, TX Page 30 of 34 Type "D" Example Elevation Type "D" Example Brookhollow Planned Development, Town of Prosper, TX Page 32 of 34 71' Nr Example Streetscape Brookhollow Planned Development, Town of Prosper, TX Page 34 of 34 P ll - 2-- S� TOWN OF PROSPER, TEXAS ORDINANCE NO.06 - 73 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 1,218.6 ACRES, MORE OR LESS, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, THE LARKIN McCARTY SURVEY, ABSTRACT NO. 600, AND THE SPENCER GRAHAM SURVEY, ABSTRACT NO. 948, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT (PD-25, BROOKHOLLOW) DISTRICT AND SINGLE FAMILY-15 RESIDENTIAL (SF-15) DISTRICT IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT (PD,FOR MIXED USES; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from LandPlan Development ("Applicant") to rezone 1,218.6 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, the Larkin McCarty Survey, Abstract No. 600, and the Spencer Graham Survey, Abstract No. 948, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 1,218.6 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, the Larkin McCarty Survey, Abstract No. 600, and the Spencer Graham Survey, Abstract No. 948, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development (S&-944) District for Mixed Residential and Nonresidential Uses. The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" (INCLUDING Tracts, A, B, C, D, E, F, G, AND h) attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the Statement of Intent and Purpose, attached hereto as Exhibit `B", 2) the Planned Development Standards for Brookhollow, attached hereto as Exhibit "C"; 3) the Zoning Conceptual Site Plan, attached hereto as Exhibit "D"; and 4) the Development Schedule, attached hereto as Exhibit "B"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested Interesilepeal. 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 No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective frorq and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 11 h DAY OF DULY, 2006. ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary APPROVED AS TO FORM: C arles iswanger, M OF P ,i do � • ZZbb C s oo e° • o0 I0 %, o•o e rEXAS *1111#1 o1 DATE OF PUBLICATION. JAY 18 t z, aoAro Addition Dallas Morning News — Collin County 4 hL n� �Y r 1 -. :ACRES IN THE T OWN OF PROSPER, COLLIN CC UNTY, TEXAS - - AfPIZC)VM- JULY 26, 2005 Y.':. _ ... ." -�. "• _ _ ". .yam... _ _.. ...... Submittal Documents in Support of rokohoCCow A Planned Development District in the TOWN OF PROSPER, TEXAS MARCH 28, 2005 revised April 13, 2005 revised May 17, 2005 revised July 21, 2005 revised May 18, 2006 revised June 27, 2006 0 U TABLE OF CONTENTS EXHIBIT "A" -Legal Descriptions 3 EXHIBIT "B" - Statement of Intent and Purpose 13 EXHIBIT "C" - Development Standards 14 1. Single-family Residential Component 14 2. Single-family Residential Component — 17 General Conditions Tract `A' 3. Single-family Residential Component — 20 General Conditions Tract `B' 4. Mixed -use Component Tract `A' 23 5. Mixed -use Component Tract `B' 28 6. Mixed -use Component — General Conditions 31 7. Commercial Component Tracts `A' & `B' 32 8. Commercial Component — General Conditions 34 EXHIBIT "D" -Zoning Site Plan 36 EXHIBIT "E" - Development Schedule 37 EXHIBIT "F" - Design Guidelines & Single-family Residential Home 38 Examples Tract `A' EXHIBIT "G" - Design Guidelines for Single-family Residential 52 Tract `B' Brookhollow Planned Development, Town of Prosper, TX Page 2 of 57 \\hziwww\ExtemalFTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. EXHIBIT "A" Legal Descriptions for �. ' TOWN OF PROSPER, TEXAS Tract `A' All that certain tract or parcel of land situated in the Jeremiah Horn Survey, Abstract Number 411, and the Larkin McCarty Survey, Abstract Number 600, County of Collin, State of Texas; said tract being all of a tract as described in Deed to FF 14°i Fairway Limited Partnership, filed 21 July 1998, and Recorded in Volume 4212 Page 2103 98- 0077217 of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: BEGINNING for the northwest corner of the tract being described herein at a found 1/2 inch Steel Rebar, said rebar being the northwest corner of said fairway tract, and the northeast comer of a called 100.88 Acre tract as described in Deed to Rocking MS Family Partnership, filed 02 November 2002, and Recorded in Volume 4787 Page 1708 of said Deed Records, said rebar said being in the center line of Collin County Road Number 78 (a gravel surfaced public road), said rebar also being on the south line of a called 198.88 Acre tract as described in Deed to HRC Ranch, LTD., filed 04 May 2001, and Recorded in Volume 4911 Page 2695 of said Deed Records; Thence; North 89 degrees 49 minutes 00 seconds East, with the north line of said Fairway tract, and with the center line of said road, a distance of 1631.41 feet to a found %2 inch Steel rebar for the northwest comer of said Fairway tract, and the southwest comer of a called 504 Acre tract as described in Deed to Walnut Grove Cemetery Assoc., filed 19 December 1921, and Recorded in Volume 238 Page 349 of said Deed Records, said rebar also being on the west Right -of -Way line of Farm -to -Market Road number 2478 (an asphalt surfaced public road) as described in Deed to The State of Texas, filed 27 August 1957, and Recorded on Volume 529 Page 612 of said Deed Records" Thence; With the east line of said Campbell tract, and the west Right -of -Way line of said road the following 6 (six) calls: 1. South 00 degrees 13 minutes 37 seconds East, a distance of 30.94 feet: 2. South 45 degrees 04 minutes 08 seconds East, a distance of 71.61 feet: 3. South 00 degrees 45 minutes 58 seconds East, a distance of 50.93 feet: 4. South 00 degrees 45 minutes 00 seconds East, a distance of 3226.90 feet: 5. South 44 degrees 23 rminutes 38 second West, a distance of 70.37 feet: 6. South 00 degrees 23 minutes 09 second East, a distance of 26.25 feet to a found %2 in Steel rebar for the southeast corner of Kevin Billings, file 26 April 1998, and Recorded in Volume 4153 Page 2036 pf said Deed Records, said rebar also being in Collin County Road Number 933 is gravel surfaced road. Thence: South 89 degrees 19 minutes 19 seconds West, with the south line of said Fairway tract, and passing the northwest corner of said Billings tract, said being the northeast corner of a called 65.941 Acre tract as described in Deed to FF 14'h Fairway Limited Partnership, filed 18 June 1998, and Recorded in Volume 4189 Page 1158 of said Deed Records, and continuing on said course for a total distance of 790.82 feet to a found %2 inch Steel Rebar for a comer: BrookhoRow Plaoned Development, Town of Prosper, TX Page 3 of 57 N%Awww\ExtemWFTP\pub\BrookhollowTasor and BrookhoUow 06 27 06 B.doc Huitt-Zollars, Inc. Thence: South 52 degrees 39 minutes 03 seconds West, with the south line of said Fairway 138.702 acre tract, and the north line of said Fairway 65.941 acre tract, and with said road, a distance 202.60 feet to a found %2 inch Steel Rebar for a comer: Thence: South 00 degrees 36 minutes 57" East, with the west line of said Fairway 65.941 acre tract, a distance of 134.07 feet to a found %2 in Steel Rebar for a comer of said fairway 198.702 acre tract, in the west line of said 65.941 acre tract, and the northeast comer of a called 104.483 acre tract as described in Deed to 104 Prosper, LP, filed 13 December 2002, and Recorded in Volume 5316 Page 5314 of said Deed Records: Thence: North 89 degrees 02 minutes 30 seconds West, and with the south line of said Fairway 130.702 acre tract, and the north line of said 104 Prosper tract, and with said road, a distance of 722.94 feet to a found % inch Steel Rebar for the southwest comer of said Fairway 190.702 acre tract, and the southeast comer of said Rocking MS tract: Thence: North 00 degrees 02 minutes 41 seconds West, with the west line of said Fairway 190.702 acre tract, the east line of said Rocking MS tract, a distance of 3684.62 feet to the POINT OF BEGINNING and containing 138.702 Acres of land. Brookholk►w Planned Development, Town of Prosper, TX Page 4 of 57 \\Imwww\ExtemalFfP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. Tract `B' BEING a 25.593 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas and being a portion of a 65.593 acre tract of land according to the deed recorded in Volume 4189, Page 1138 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows: BEGINNING at a 3/8 inch iron rod found for the northwest corner of said 65.593 acre tract of land and being located in or near the center of County Road No. 933; THENCE along the northerly line of said 65.593 acre tract of land along or near the center of said County Road No. 933 as follows: NORTH 50054'32" EAST a distance of 199.33 feet to a 5/8 inch iron rod set for corner; NORTH W17'32" EAST a distance of 542.50 feet to a 3/8 inch iron rod found for the northwest corner of 3.95 acre tract of land according to the deed recorded in Volume 422, Page 20 (DRCCT); DeparffiW the center of said County Road No. 933 SOUTH 00°30'01" EAST a distance of 436.19 feet to a 518 inch iron rod set for the southwest comer of said 3.95 acre tract of land; NORTH 89°17'32" EAST a distance of 395.30 feet to a 5/8 inch iron rod set for the most easterly northeast comer of said 65.593 acre tract of land and being located in the westerly right-of-way line of F.M. Highway No. 2478 (Custer Road); THENCE along the easterly line of said 65.593 acre tract of land with the westerly right-of-way of said F.M. Highway No. 2478 (Custer Road) as follows: SOUTH 00°30'01" EAST a distance of 368.71 feet to a 518 inch iron rod set for comer; 1 SOUTH 00°50'00" EAST a distance of 493.35 feet to a 5/8 inch iron rod set for corner; THENCE departing the easterly line of said 65.593 acre tract of land and the westerly right-of-way of said F.M. Highway No. 2478 (Custer Road) SOUTH 89010'00" WEST a distance of 993.16 feet to a 5/8 inch iron rod set for comer located in the westerly line of said 65.593 acre tract of land; THENCE along the westerly line of said 65.593 acre tract of land NORTH 01°08'56" WEST a distance of 1,176.69 feet to the POINT OF BEGINNING; CONTANING within these metes and bounds 25.593 acres or 1,114,832 square feet of land, more or less, all according to that survey prepared by AJ Bedford Group, Inc. dated September, 2004 and signed by Austin J. Bedford, Registered Professional Land Surveyor No. 4132; to which reference for all purposes is hereby made. Brookhollow Planned Development, Town of Prosper, TX Page 5 of 57 \\hziwww\ExtemalFTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. Tract `V SITUATED in the State of Texas, County of Collin, being part of the Jeremiah Horn Survey, Abstract No. 411, being part of a 105.106 acre tract of land as recorded in Volume 1568, Page 688 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a % inch iron rod found in the north right-of-way lute of U.S. Highway 380 as recorded in Volume 3492, Page 197 of the Collin County Land Records, said corner being in the west line of said 105.106 acre tract and marks the southwest comer of the premises herein described, said beginning also being the southeast comer of a 146.56 acre tract as recorded in Volume 4193, Page 1594 of the Collin County Land Records; THENCE with the west line of said 105.106 acre tract, the east line of said 146.56 acre tract and the east line of a 2.0216 acre tract as recorded under County Clerk No. 92-0011459 of the Collin County Land Records, North 00°07'04" West, 2839.08 feet to a 3/8 inch iron rod found in County Road 933 marking the northwest comer of said 105.106 acre tract, the northeast comer of said 2.0216 acre tract, and being in the south line of a 100.86 acre tract as recorded in Volume 4787, Page 1700 of the Collin County Land Records; THENCE partway with County Road 933 and partway along its south margin along the north line of said 105.106 acre tract, the south line of said 100.86 acre tract, and the south line of a 138.702 acre tract as recorded in Volume 4212, Page 2103 of the Collin County Land Records, South 89°01'42" East, 1612.00 feet to a 5/8 inch iron rod found marking the northeast comer of said 105.106 acre tract and being in the west line of a 65.593 acre tract as recorded in Vohnne 4189, Page 1138 of the Collin County Land Records; THENCE with the east line of said 105.106 acre tract and the west line of said 65.593 acre tract as follows: South 00°15'30" East, 1893.25 feet to a '/2 inch iron rod set replacing a found 40d nail; South 00°01'55" West, 919.30 feet to a'/s inch iron rod found in the north right-of-way line of U.S. Highway 380 marking the southeast comer of said premises and the southwest comer of said 65.593 acre tract; THENCE with the south line of said premises and the north right-of-way line of U.S. Highway 380 as follows: North 89°58' 18" West, 444.58 feet; North 68°10'20" West, 60.54 feet; South 75005142" West, 48.44 feet; North 89°58' 18" West, 755.54 feet; North 75002'32" West, 48.83 feet; South 75°05'42" West, 87.62 feet to a TXDOT Monument found; North 89°58' 18" West, 178.98 feet to the point of beginning and containing 4,551,273 gross square feet or 104.483 gross acres of land, of which approximately 19.5 acres are in F.E.M.A. Flood Plain, leaving 84.983 net acres of land. Brookhollow Planned Development, Town of Prosper, TX Page 6 of 57 \\hzi►www\Extema3F1Ptpub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. Tract'DI All that certain tract or parcel of land situated in the Jeremiah Horn Survey, Abstract Number 411, County of Collin, State of Texas, said tract being all of a called 146.56 acre tract as described in Deed to FF 14`h Fairway Limited Partnership, filed 24 June 1998, and Recorded in Volume 4193 Page 1594 (98-0065660) of the Deed Records of the County of Collin, State of Texas, and being more fully described as follows: Beginning for the northwest comer of the tract being described herein at a found '/z inch Steel Rebar, said rebar being the northwest comer of said 146.56 acre tract, and the southwest comer of a called 67.721 acre tract as descried in Deed to Landon J. Cullum, filed 07 July 1994, and Recorded at Clerks # 94-0069444 of said Deed Records, said rebar also being on the east of a called 645.426 acre tract as described in Deed to W.H. Rasor, III et al, filed 15 October 1997, ad Recorded in Volume 4019 Page 1085 of said Deed Records, said rebar also being on the west line of said Horn Survey, and on the east line of the I.C. Williamson Survey, Abstract Number 948: Thence: South 89 degrees 42 minutes 43 seconds East, with the north line of said 146.56 acre tract, and with the south line of said Cullum tract, a distance of 1479.11 feet to a found %s inch Steel Rebar for an ell comer of said 146.56 acre tract, and the southeast comer of said Cullum tract: Thence: North 00 degrees 28 minutes 12 seconds East, with a west line of said 146.56 acre tract, and with the east line of said Cullum tract, a distance of 772.12 feet to a found %a inch Steel Rebar for the most northerly northwest corner of said 146.56 acre tract, and an ell comer of said Cullum tract. Thence: South 89 degrees 39 minutes 31 seconds East, with the north line of said 146.58 acre tract, a distance of 906.97 feet to a found '/2 inch Steel Rebar for the northwest comer of said 146.56 acre tract, and the northwest corner of a tract as descried in Deed to Bruce A. Munty et ux. Denise Munty, filed 25 February 1992, and Recorded at 92-0011459 of said Deed Records: Thence: South 01 degrees 09 minutes 15 seconds West, with the west line of said Munty tract, a distance of 312.40 feet to a found ''/m inch Steel Rebar for the southwest comer of said Munty tract: Thence: North 86 degrees 33 minutes 29 seconds East, with the south line of said Munty tract, a distance of 295.05 feet to a found '/z inch Steel Rebar for the southeast corner of said Munty tract, and on the west line of a called 104.483 acre tract as described in Deed to 104 Prosper, LP, filed 13 December 2002, and Recorded in volume 5316 Page 5314 1200-01856331 of said Deed Records: Thence: South 00 degrees 06 minutes 21 seconds East, with the east line of said 146.56 acre tract, and the west line of said 104 tract, a distance of 2546.29 feet to a set 1/2 inch Steel Square Tubing with a plastic cap marked COX 4577 for the southeast corner of said 146.56 acre tract, and the southwest comer of said 104 tract, and on the north Right -of -Way line of U.S. Highway 380: Thence: With the south line of said 146.58 acre tract, ad with the north ROW line of said Highway, the following 6 (six) cells: 1. North 89 degrees 68 minutes 18 seconds West, a distance of 591A feet: 2. North 84 degrees 17 minutes 59 seconds West, a distance of 100.72 feet: 3. North 89 degrees 58 minutes 04 seconds West, a distance of 1387.38 feet: 4. North 73 degrees 16 minutes 28 seconds West, a distance of 113.09 feet: 5. South 74 degrees 47 minutes 29 seconds West, a distance of 117.07 feet: 6. South 88 degrees 38 minutes 07 seconds West, a distance of 390.58 feet to a found '/z inch Steel Rebar for the southwest comer of said 146.56 acre tract, and the southeast corner of said Rasor tract: Brookbollow Planned Development, Town of Prosper, TX - - - Page 7 of 57 \%ziwww\ExWma"'PubSTMIchollowT4w and Brooldwllow 06 27 06 B doc Huitt-Zollars, Inc. Thence: North 00 degrees 10 minutes 24 seconds East, with the west line of said 146.56 acre tract, and the east line of said Rasor tract, a distance of 2078.26 feet to the POINT OF BEGINNING and containing 146.609 acres of land. Brookhollow Planned Development, Town of Prosper, TX Page 8 of 57 \4WwwwlExtemalFTP\pub\Brookbollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. Tract `E' BEGINNING at a stake 25.76 chains (612.05 vrs.) West of the S E corner of the Larkin McCarty Survey: said stake being in the south boundary line of the said McCarty Survey, and in the North boundary line of the said Jeremiah Horn Survey and in the East boundary line of the said 99 acre tract; THENCE North 3/4 degrees East 20.16 chains (479.00 vrs.) with established fence line to a stake in the northeast comer of the said 99 acre tract; said stake being in the middle of the public road; THENCE West 14.35 chains (340.95 vrs.) with the riddle of said road to a stake at the most easterly northwest comer of the said 99 acre tract; THENCE in a southerly direction with a fence in the most easterly west boundary line of the said 99 acre tract, as follows; South 10.40 chains (247.10 vrs.); South 1/2 degree west 12.125 chains (287.97 vrs.); South 3/4 degrees West 15.24 chains (362.10 vrs.); South 1-1/2 degrees west 2.06 chains (48.94 vrs.) to a fence corner post at the inner corner of the said 99 acre tract; THENCE in a westerly direction with the most southerly boundary line of the said 99 acre tract as follows; North 89-3/4 degrees west 4.73 chains (112.38 vrs.); West 8.72 chains (207.18 vrs.) to the most westerly northwest comer of the said 99 acre tract; THENCE in a southerly direction with the most westerly west boundary line of the said 99 acre tract as follows; South 7.19 chains (170.93 vrs.); South 1/2 degrees east 8.63 chains (205.04 vrs.) to a stake at fence corner at the southwest corner of the said 99 acre tract; THENCE in an easterly direction with the south boundary line of the said 99 acre tract as follows: South 88-1/4 degrees east 4.13 chains (98.12 vrs.); East 9.43 chains (200.29 vrs.); South 89-3/4 degrees East 14.97 chains (355.68 vrs.) to the southeast corner of the said 99 acre tract; THENCE North 1/2 degree east 35.78 chains (850.13 vrs.) to the place of BEGINNING, containing 100.88 acres, of which 72.13 acres are in the Jeremiah Horn Survey and 28.75 acres are in the Larkin McCarty Survey. Brookhollow Planned Development, Town of Prosper, TX Page 9 of 57 \VmwwwlEx =alMVub\Brookho11ow1Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollam, lnc. Tract `F' All that certain tract or parcel of land situated in the Jeremiah Horn Survey, Abstract Number 411, County of Collin, State of Texas, said tract being all of Tract One a called 1.4151 acre tract and all of Tract Two a called 0.6065 acre tract as described in deed to Brice A. Mundy et ux, Denise Mundy, filed 25 February 1992, and recorded in clerks number 92-0011459 of the deed records of the County of Collin, State of Texas, and being more fully described as follows: Beginning for the northeast corner of the tract being described herein at a found 1/2 inch rebar, said rebar being the northeast comer of said tract two, same being the northwest corner of a called 104.483 acre tract as described in deed to 104 Prosper LP, filed 13 December 2002, and recorded in volume 5316 page 5314 of said deed records, said rebar also being in the center of Collin County Road Number 933; Thence: South 00 degrees 06 minutes 54 seconds East, with the east line of said tract two, and with the west line of said 104 Prosper tract, and passing at 17.3 feet an old wood fence comer post on the south side of said road, and continuing on said course with an old barbed wire fence and tree line a total distance of 292.98 feet to a found inch rebar for the southeast corner of said tract two, same being the most easterly northeast corner of a called 146.56 acre tract as described in deed to IF 14'h Fairway Limited Partnership, filed 24 June 1998, and recorded in volume 4193 page 1594 of said deed records; Thence: South 86 degrees 33 minutes 29 seconds West, with the south line of said tract two, and with the north line of said FF 10 Fairway tract, and with an old barbed wire fence, and tree line, a distance of 295.05 feet to a found inch rebar by and old wood fence comer post for the southwest comer of said tract one, same being an ell comer of said FF 10 Fairway tract; Thence: North 01 degrees 09 minutes 15 seconds East, with the west line of said tract one, and with the east line of said FF 10 Fairway tract, and with an old barbed wire fence and tree line, a distance of 312.40 feet to a found inch rebar for the northwest corner of said tract one, same being the most northerly northeast comer of said FF 14'h Fairway tract, and said rebar being in the center of said road; Thence: South 89 degrees 40 minutes 18 seconds East, with the north line of said tract one, and with the center of said mad, a distance of 287.64 feet to the POINT OF BEGINNING and containing 2.022 acres of land. Brookhotlow Planned Development, Town of Prosper, TX Page 10 of 57 \Vwwww\ExtemagF'M\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-ZoUws, inc. Tract'GI All that certain tract of parcel of land situated in the Larkin McCarty Survey, Abstract Number 6W and the Jeremiah Horn Survey, Abstract Number 411, County of Collin, State of Texas, said tract being all of a called 73.038 acre tract as described in deed to James Kenneth Griffin, filed 01 April 1998, and recorded in volume 4134 page 3140 of the deed records of the County of Collin, State of Texas, and being more fully described as follows: Beginning for the southeast corner of the tract being described herein at a found 5/8 inch rebar by an old wood fence comer post, said post being the southeast comer of said Griffin tract, same being an ell corner of a called 100.88 acre tract as described in deed to Rocking M3 Family Partnership, filed 02 November 2000, and recorded in volume 4787 page 1700 of said deed records; Thence: South 89 degrees 49 minutes 00 seconds West, with the south line of said Griffin tract, and with an old barbed wire fence and tree line, and passing at 887.68 feet a found 5/8 inch rebar by a wood fence corner post being the northwest comer of said Rocking M3 tract, same being the northeast comer of a called 67.721 acre tract as described in deed to London L Cullum, filed 07 July 1994, and recorded in clerks number 94-0069444 of said deed records, and continuing on said course a total distance of 1310.40 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan 5560 for the southwest corner of said Griffin tract, same being the southeast comer of a called 16.776 acre tract as described in deed to Glen Hobart Miller, filed 14 August 1996, and recorded in clerks number 96-0069377 of said deed records; Thence: North 00 degrees 02 minutes 42 seconds East, with the west line of said Griffin tract, and with the east line of said Miller tract, and with an old barbed wire fence and tree line, and passing at 1629.79 feet a found 1/2 inch rebar and continuing on said course a total distance of 1634.49 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan for the northwest comer of said Griffin tract, said tubing being on the south side of Collin County Road Number 79; Thence: South 89 degrees 56 minutes 46 seconds East, with the north line of said Griffin tract, and with the south side of said road, a distance of 168.00 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan 5560 for the start of a curve to the left having a central angle of 90 degrees 01 minutes 57 seconds, and a radius of 119.77 feet, and a chord bearing of North 45 degrees 02 minutes 15 seconds East, and a chord distance of 169A3 feet; Thence: With said curve to the left an arc length of 188.20 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan 5560 for the end of said curve; Thence: North 00 degrees 01 minutes 17 seconds East, with the west line of said Griffin tract, and with the east side of said road, a distance of 783.39 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan 5560 for the start of a curve to the right having a central angle of 89 degrees 58 minutes 43 seconds, and a radius of 81.57 feet, and a chord bearing of North 45 degrees 02 minutes 40 seconds East, and a chord distance of 115.34 feet; Thence: With said curve to the right an arc length of 128.10 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan 5560 for the end of said curve; Thence; EAST, with the north line of said Griffin tract, and with the south side of said road, a distance of 957.00 feet to a set 1/2 inch steel square tubing with a plastic cap marked Brennan 5560 for the northeast corner of said Griffin tract, said tubing being on the west line of said Rocking M3 tract, Thence: With the east line of said Griffin tract, and with the west line of said Rocking M3 tract, and with an old barbed wire fence and tree line, the following four (4) calls: Broolhollow Planned Development, Town of Prosper, TX Page 11 of 57 \\Mwww\ExtemaUrrP)pub\Brookholtow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Z611m, Inc. 1. South 00 degrees 37 minutes 12 second East, a distance of 330.05 feet to a found 5/8 inch rebar, 2. South 00 degrees 12 minutes 43 second West, a distance of 670.88 feet to a found 5/8 inch rebar, 3. South 100 degrees 27 minutes 02 seconds West, a distance of 889.76 feet to a wood fence post, 4. South 00 degrees 55 minutes 40 seconds West, a distance of 724.24 feet to the POINT OF BEGINNING and containing 73.060 acres of land. Brookdhollow Manned Development, Town of Prosper, TX Page 12 of 57 \MWwww\ExwnalFrP\pub\Braokhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. TRACT "H" FIELD NOTE DESCRIPTION BEING a 627.247acre tract of land situated in the Spencer Graham Survey, Abstract Number 359, the James Stone Survey, Abstract Number 847 and the I.C. Williamson Survey, Abstract Number 948, Collin County, Texas and being a portion of a 645.426 acre tract of land according to the deed recorded in Collin County Clerk=s File No. 97- 0088102 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod set for the southeast comer of said 645.426 acre tract of land and being located in the northerly right-of-way line of State Highway No. 380 (a variable width right-of-way); THENCE along the southerly line of said 645.426 acre tract of land with the northerly right-of-way line of said State Highway No. 380 as follows: SOUTH 89°20'42" WEST a distance of 467.49 feet to a 5/8 inch iron rod set for the southeast corner of a 50 feet wide drainage easement described as Tract I recorded in Volume 313, Page 315 (DRCCT); NORTH 00°28'32" WEST a distance of 187.19 feet to a 5/8 inch iron rod set for the northeast comer of said 50 feet wide drainage easement; SOUTH 89*31'28" WEST a distance of 50.00 feet to a 5/8 inch iron rod set for the northwest comer of said 50 feet wide drainage easement; SOUTH 00°28'32" EAST a distance of 183.51 feet to a 5/8 inch iron rod set for the southwest comer of said 50 feet wide drainage easement; NORTH 73°53'07" WEST a distance of 30.49 feet to a 5/8 inch iron rod set for corner; SOUTH 73°00'09" WEST a distance of 43.34 feet to a concrete monument found for corner; SOUTH 89°33' 18" WEST a distance of 911.94 feet to a concrete monument found for comer; NORTH 84°04'42" WEST a distance of 197.85 feet to a 5/8 inch iron rod set for corner; SOUTH 89°01'06" WEST a distance of 24.73 feet to a 5/8 inch iron rod set for the southeast comer of a 100 feet wide drainage easement described as Tract R recorded in Volume 313, Page 515 (DRCCT); NORTH 19*31'28" EAST a distance of 155.87 feet to a 5/8 inch iron rod set for the northeast comer of said 100 feet wide drainage easement; NORTH 70°28'32" WEST a distance of 100.00 feet to a 5/8 inch iron rod set for the northwest corner of said 100 feet wide drainage easement; SOUTH 19*31'28" WEST a distance of 193.27 feet to a 5/8 inch iron rod set for the southwest corner of said 100 feet wide drainage easement; SOUTH 89°01'06" WEST a distance of 71.95 feet to a concrete monument found for comer; Brookhollow Planned Development, Town of Prosper, TX Page 13 of 57 \\bziwww\Extern IM\pub\Brookbollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zoliars, lne. SOUTH 83°49'33" WEST a distance of 201.04 feet to a concrete monument found for corner; SOUTH 89°33'19" WEST a distance of 3096.64 feet to a 5/8 inch iron rod set for corner; NORTH 4411651" WEST a distance of 143.33 feet to a 60D nail set in the center of County Road No. 74 and also being the westerly line of said 645.426 acre tract of land; THENCE along the westerly line of said 645.426 acre tract of land with the center of said County Road No. 74 as follows: NORTH 00° 12'56" WEST a distance of 2,379.70 feet to a 5/8 inch iron rod set for comer; NORTH 00°47'02" WEST a distance of 1,917.91 feet to a 5/8 inch iron rod set for corner; THENCE departing the westerly line of said 645.426 acre tract of land and the center of said County Road No. 74 NORTH 89026'51" EAST a distance of 980.00 feet to a 5/8 inch iron rod set for corner; THENCE NORTH 00033'09" WEST a distance of 800.00 feet to a 5/8 inch iron rod set for corner located in the northerly line of said 645.426 acre bract of land and being located in the southerly right-of-way line of County Road No. 79; THENCE along the northerly line of said 645A26 acre tract of land with the southerly right-of-way line of said County Road No. 79 NORTH 89°26'51" EAST a distance of 2,455.67 feet to a 1/2 inch iron rod found for comer; THENCE NORTH 00021'21" WEST a distance of 23 6. 10 feet to a 1/2 inch iron rod found for corner located in the center of said County Road No. 79; THENCE along the northerly line of said 645.426 acre tract of land with the center of said County Road No. 79 as follows: NORTH 85*29105" EAST a distance of 1,089.25 feet to a 1/2 inch iron rod found for corner; NORTH 87° 18'23" EAST a distance of 790.15 feet to a 3/8 inch iron rod found for the northeast comer of said 645.426 acre tract of land from which a 1/2 inch iron rod found bears South 0102852" West a distance of 25.05 feet; THENCE along the easterly line of said 645.426 acre tract of land as follows: SOUTH 00028131" EAST a distance of 1,716.05 feet to a 1/2 inch iron rod found for corner; SOUTH 00°0854" EAST a distance of 1,755.49 feet to a 1/2 inch iron rod found for the southwest corner of a 67.721 acre tract of land recorded in Collin County Clerk=s File No. 94-0069444 (DRCCT); SOUTH 00°19'29" EAST a distance of 2,078.56 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 627.247 acres or 27,322,872 square feet of land, more or less. Brookkollow Planned Development, Town of Prosper, TX Pmge 14 of 57 \%twww\Exwmaui?\,pub\Brookhonowuww and Brookhollow 06 27 06 B.doc Huitt-Zollws, Inc. EXHIBIT "B" Statement of Intent and Purpose for TOWN OF PROSPER, TEXAS The purpose of this submittal is to request an expansion to Ordinance 05-66 in a manner that meets the current market demands for residential and commercial development. Residential neighborhoods have been arranged in a manner that maximizes the amenity of topography, vegetation and natural open space while providing a gradient of development intensity from the non-residential uses along U.S. Highway 380. The proposed zoning includes specific development standards for such uses within a 1,218.6-acre Planned Development, described herein. Design Guidelines included as Exhibit `F' & Exhibit `G' are intended to ensure the provision of a quality planned development over time. Examples of home styles consistent with Exhibit `F' design guidelines, including notation of typical required design features, are included within Exhibit `F. Brookhollow Planned Development, Town of Prosper, Tx Page 15 of 57 \\hziwww\Ext malM\puh\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Mlars, Inc. EXHIBIT "C" Development Standards for TOWN OF PROSPER, TEXAS 1. Single -Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits Tract `A' single family residential a maximum of 3.0 units/acre, or 1,973 single-family residential units, whichever is less, on 679.6 gross acres of land (see attached Exhibit `D'), within which are allowed a maximum of 493 Type `C' units, as described herein. This Planned Development Ordinance permits Tract `B' single family residential a maximum of 3.0 units/acre, or 653 single-family residential units, whichever is less, on 217.7 gross acres of land (see attached Exhibit `D'), within which are allowed a maximum of 163 Type `C' units, as described herein. Within residential Tracts `A' and `B', a combined maximum of 450 Type `D' units, as described herein, are allowed. Townhouse residential uses are also permitted on Tract `B' with a maximum of 10.0 du/ac, or 150 units, which ever is less, on 15 gross acres of land. Townhouse residential uses within Residential Tract `B' must be located north of and adjacent to Commercial Tract `B'. Townhouse residential uses shall not be included in the overall density cap calculation of 3.0 du/ac for Tract `B'. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat Brookhollow Planned Development, Town of Prosper, TX Page 16 of 37 \MWwww\Extema*-rP\pub\Brookbollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. • Residential uses as described herein • Schools — public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on -course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed -use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac, except townhouse neighborhoods which shall not have a density greater than 10.0 du/ac. 1.5. Required Parking A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, "recreational vehicle" means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and "sports vehicle" means a vehicle designed for or modified for off -road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibits `F' and `G') 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area.: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 Brookhollow Planned Developmen, Town of Prosper, TX Page 17 of 57 \\IWwww\ExtemelFTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. Brookhollow Planned Development, Town of Prosper, TX Page 18 of 57 \\bziwwvAExtemalRTP\pub\Brookbollow1Rasor and Brookbollow 06 27 06 B.doc Huitt-Zollars, Inc. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 511 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with "C-shaped" houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2%2) stories, not to exceed forty-five feet (45') in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 2. Single-family Residential Component - General Conditions Tract `A' 2.1. Conformance to All Avulicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right -of- ways as specified in the Town's Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community -wide trail punctuated with Brookhollow Planned Development, Town of Prosper, TX Page 19 of 57 \\hziwww\ExtemaRITP\pub\Brookholtow\Rasor and Brookhollow 06 27 06 B.doc Huitt-WIm, Inc. nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non -programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering_ Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty -five-foot landscape edge, as specified on the attached Exhibit "D" and which shall comply with the Town's Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin -wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit'V) and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: The streets shown on Exhibit `D' from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty -foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty -foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley -served, residential streets shall consist of a fifty - foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town's Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Brookhollow Planned Development, Town of Prosper, TX Page 20 of 57 \MWwww\BxtanalM\pub\Brookholtow\Rasor and Brookbollow 06 27 06 B doc Huitt-Zollam Inc. Way (ROW). The homeowner's association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract `A' residential lot (see Exhibit `F'). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper -inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). t 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Brookhollow Planned Development, Town of Prosper, TX Page 21 of 57 \\hziwww\ExtemalFTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 Moe Huitt-Zollars, Inc. Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit `F') 2.10.OQpen Space Requirements: The development of Tract `A' will provide for a minimum of thirty-five acres of common open space including but not limited to linear parks, pocket parks, water features, creeks and natural preserved areas. Tract `A' and Tract `B' open space may be combined and applied without regard to specific tract delineation. 2.11. Mechanical Equipment_ All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. I Single-family Residential Component - General Conditions Tract `B' 3.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right -of- ways as specified in the Town's Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 3.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community -wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non -programmed passive recreational activities such as walking and picnicking. 3.3. Screening and Buffering: Residential development adjacent to East First Street, and Coit Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty -five-foot landscape edge, as specified on the attached Exhibit "D" and which shall comply with the Town's Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the Brookhollow Plaoned Development, Town of Prosper, Tx Page 22 of 57 \\hziwwwTW.M IF7?\pub\Bmokhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollam. Inc. requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin -wall brick shall not be allowed. 3.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit "D") and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 3.5. Streets: The streets shown on Exhibit `D' from U.S. Hwy. 380 to Coit Road, and to C.R. 79 (E. First St.) shall be designed within a sixty -foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty -foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley -served, residential streets shall consist of a fifty -foot wide right- of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town's Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 3.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of - Way (ROW). The homeowner's association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record. 3.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight -feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Comer lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. Brookhollow Planned Development, Town of Prosper, TX Page 23 of 57 \VMWWVMxtemalFCP\pub\Brookhollow\Rasor and Brockhollow 06 27 06 B.doc fluitt-Zollars, Inc. 3.8. Landscaping 3.8.1. Front Yard: A minimum of two four -inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract `B' residential lot (see Exhibit `G'). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper -inch requirement, this requirement may be waived by the Town Building Official. 3.8.2. Yard Sipace that Abuts Street side vard on a skeet . Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 3.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 3.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town's Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit `G') 3.10. QM Space R uirements: The development of the Tract `B' will provide for a minimum of ten acres of common open space including but not limited to linear parks, pocket parks, water features, creeks and natural preserved areas. Tract `A' and Tract `B' open space may be combined and applied without regard to specific tract delineation. 3.11. Mechanical Ea ivment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Brookhollow Planned Development, Town of Prosper, TX Page 24 of 57 \\hziwww\ExwaWM\pub\Brookhollow\Rasm and Brookhollow 06 27 06 Moe Huitt-Zalla s, Inc. 3.12. Townhouse Uses: Townhouse units shall be allowed within the single family residential component Tract `B' area. A maximum of ten units per gross acre of land shall be allowed up to a maximum of 150 townhouse units. Townhouse residential housing types, shall be developed in accordance with the following criteria which are identical to Section 5.3.3. Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0' Min. Side Setback (comer lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 1000/0 Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of stories' 48' / 3 3.12.1. Exterior Fagade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 3.12.2 Controlled Access: All townhouse developments that contain limited gated access shall locate allgate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4. Mixed -Use Component Tract `A' 4.1 Definition: The mixed -use area (see Exhibit D) of this Planned Development includes residential and non-residential land uses. Retail and office uses include those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. Brookhollow Planned Development, Town of Prosper, TX Page 25 of 57 \\]WwwwlExtemalFTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc HuitbZollars, Inc. Residential land uses are intended to supply higher -density attached and detached housing types that provide a buffer between the more intense retail and commercial land uses along U.S. Highway 380 and the less intense residential development. 4.2 General Description: This PD Ordinance allows a maximum of 111.3 acres of mixed -use development generally located between U.S. Highway 380 and the collector street (see Exhibit `D'). Requirements for this area within the development are described below. 4.2.1 Residential uses 4.2.1.1 Single-family Uses: Detached single-family units shall be allowed within the mixed -use area but shall not be allowed within one thousand feet of U.S. Highway 380, as measured at any building line of such residential lot. If portions of the designated mixed -use area are developed with single- family residential housing Tract `A', they shall be developed in accordance with Section 1 of this text. There shall be allowed a maximum of 185 such housing units within the mixed -use area. 4.2.1.2 Multifamily Uses: Multi -family units shall be allowed within the mixed - use area. A maximum of fifteen units per gross acre of land shall be allowed up to a maximum of 300 multi -family units within the mixed -use area. If portions of the designated mixed -use area are developed with multi -family residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 3.2.1.4. 4.2.1.2.1 Required Parking: Parking requirements for multi -family development shall be one and one-half spaces per one -bedroom unit, two spaces per two -bedroom unit, two and one-half spaces per three - bedroom unit and one-half space per each additional bedroom per unit. The total required number of spaces for any multi -family development shall not be less than 1.8 spaces per dwelling unit. 4.2.1.2.2 Exterior Facade Building Materials: All buildings within a multi- family development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.2.3 Controlled Access: All multi -family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway Brookhollow Planned Development, Town of Prosper, TX Page 26 of 57 Wiewww\ExtemaWIP\pub\BrookhollowlRmor and Brookhollow 06 27 06 B.doc Hui#-Zollats, Inc. islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.2.4 Open Space Requirements: Each lot or parcel developed for multi- family uses shall provide useable open space, as defined in the Town's Zoning Ordinance, equal to thirty percent of the total multifamily acreage. 4.2.1.3 Townhouse Uses: Townhouse units shall be allowed within the mixed - use area. A maximum of ten units per gross acre of land shall be allowed within the mixed -use area up to a maximum of 250 townhouse units. If portions of the designated mixed -use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 4.2.1.4. 4.2.1.3.1 Exterior Fade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.3.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.3.3 Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. 4.2.1.4 Residential development intensity: Development intensity shall be in accordance with the following table: Development Requirement Residential Product TvDe Townhouse Multi-famil Max. Gross Density 10.0 du/ac 15.0 du/ac Min. Lot Area 800 sq. & 10,000 sq. & Min. Lot Width 20' 80' Min. Lot Depth 40' 120' Min. Front Setback 0' 25b Min. Rear Setback 0' 15' b Min. Side Setback (interior lot) 0' 15' Min. Side Setback (corner lot) 0' 25' b Brookhollow Planned Development, Town of Prosper, Tx Page 27 of 57 \Vuiwww\ExtemalFPP\pub\Brookbollow\Rum and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. Min. Side Setback (key lot) Max. Lot Coverage Min. Floor Area / Dwelling Unit Max. Building Height / No. of stories' n/a n/a 100% 50% 1,200 sq. ft. 650 sq. ft. 48'/3 48'/3 ' Maximum height of any building within sixty fect of a detached residential use shall be thirty-six feet and two stories. 4.2.2 Non-residential uses 4.2.2.1 Allowed Uses: Non-residential land uses allowed within the mixed -use area are as allowed in Section 1.3 herein and as permitted in the Neighborhood Service, Office and Commercial Corridor districts, listed in Zoning Ordinance No. 05-20. Additional uses allowed by right include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. • Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. • Post Office Facilities. • Research and Development Center. • Winery. • Optical Stores — Sales and Services. Mini -Warehouses Shall be allowed by SUP. 4.2.2.2 Required Parking_ The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed -use area as required by Zoning Ordinance No. 05-20. 4.2.2.3 Exterior Facade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4.2.2.4 Commercial development intensity: Development intensity for non- residential land uses shall be as follows: 4.2.2.4.1 Floor Area: The allowable floor area of buildings within the mixed -use area shall be unlimited, provided that all conditions described herein are met. 4.2.2.4.2 Lot Area: The minimum lot area shall be 10,000 square feet. 4.2.2.4.3 Lot Coverame: In no case shall the combined areas of the main Brookkoilow Planned Development, Town of Prosper, TX Page 28 of 57 \%ziwww\Exte malM\pub\BrookbollowVUw and Brookhoilow 06 27 06 B.doc Huitt-Zollars, Inc. buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 4.2.2.4.4 Lot Width: The minimum width of any lot shall be fifty feet. 4.2.2.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet. 4.2.2.4.6 Front Yard: The minimum depth of the front yard shall be thirty feet 4.2.2.4.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty -four -foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot side yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.8 Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty -four -foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot rear yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.9 Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. chimneys, antennas and other such architectural projections may extend above this height limit. 4.2.2.4.10 Open Space Requirement for Non -Residential Uses: A minimum Brookhollow Planned DeMopment, Town of Prosper, TX Page 29 of 57 \\hziwww\Externs M'Vub\Brookho11ow1Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, h►c. of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. Mixed -Use Component Tract `B' 5.1 Definition: The mixed -use area (see Exhibit D) of this Planned Development includes residential and non-residential land uses. Retail and office uses include those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. Residential land uses are intended to supply higher -density attached and detached housing types that provide a buffer between the more intense retail and commercial land uses along U.S. Highway 380 and the less intense residential development. 5.2 General Description: This PD Ordinance allows a maximum of 138.3 acres of mixed -use development generally located between U.S. Highway 380 and the collector street (see Exhibit `D'). Requirements for this area within the development are described below. 5.3 Residential uses 5.3.1 Single-family Uses: Detached single-family units shall be allowed within the mixed -use area but shall not be allowed within one thousand feet of U.S. Highway 380, as measured at any building line of such residential lot. If portions of the designated mixed -use area are developed with single- family residential housing Tract `A', they shall be developed in accordance with Section 1 of this text. There shall be allowed a maximum of 153 such housing units within the mixed -use area. 5.3.2 Townhouse Uses: Townhouse units shall be allowed within the mixed - use area A maximum of ten units per gross acre of land shall be allowed within the mixed -use area up to a maximum of 150 townhouse units. If portions of the designated mixed -use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 5.3.3. 5.3.2.1 Exterior Fa Sade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. Brookhollow Phoned Development, Town of Prosper, TX Page 30 of 57 \VWwww\ExtemalF'IP\pub\Brookhollow\Rasor and Brookhoilow 06 27 06 B.doc Huitt-Zollars, Inc. 5.3.2.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 5.3.2.3 Qpen Space R uirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. 5.3.3 Residential development intensity: Development intensity shall be in accordance with the following table: Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0' Min. Side Setback (comer lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of stories° 48' / 3 ' Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 5.3.4 Non-residential uses 5.3.4.1 Allowed Uses: Non-residential land uses allowed within the mixed -use area are as allowed in Section 1.3 herein and as permitted in the Neighborhood Service, Office and Commercial Corridor districts, listed in Zoning Ordinance No. 05-20. Additional uses allowed by right include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. • Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. • Post Office Facilities. • Research and Development Center. • Winery. • Optical Stores — Sales and Services. BrookhoUow Planned Development, Town of Prosper, TX Page 31 of 57 \%ziwww\ExtunalFTP\pub\Brookhollow\Rmm and Brookhollow 06 27 06 B.doc Huitt-zollars, Inc. Mini -Warehouses Shall be allowed by SUP. 5.3.4.2 Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed -use area as required by Zoning Ordinance No. 05-20. 5.3.4.3 Exterior Facade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 5.3.4.4 Commercial development intensity: Development intensity for non- residential land uses shall be as follows: 5.3.4.4.1 Floor Area: The allowable floor area of buildings within the mixed -use area shall be unlimited, provided that all conditions described herein are met. 5.3.4.4.2 Lot Area: The minimum lot area shall be 10,000 square feet. 5.3.4.4.3 Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 5.3.4.4.4 Lot Width: The minimum width of any lot shall be fifty feet. 5.3.4.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet. 5.3.4.4.6 Front Yard: The minimum depth of the front yard shall be thirty feet 5.3.4.4.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty -four -foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot side yard is required adjacent to property zoned for single-family residential uses. 5.3.4.4.8 Rear Yard: No rear yard is required unless vehicular access is Brookhollow Planned Development, Town of Prosper, Tx Page 32 of 57 \%ziwww\ExtemalFTPlpublBrookhollowUtasor and 13mokhollow 06 27 06 B.doc Huitt-Zollats, Inc. provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty -four -foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot rear yard is required adjacent to property zoned for single-family residential uses. 5.3.4.49 Building Height- Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. chimneys, antennas and other such architectural projections may extend above this height limit. 5.3.4.4.10 Open Space Requirement for Non -Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained �. as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 6. Mixed -Use Component - General Conditions 6.1 Conformance to All Applicable Articles of the Town of Prosper Zonin-e Ordinance Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as they exist or may be amended. All right-of-ways as specified in the Town's Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 6.2. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with Zoning Ordinance 05-20 as it exists or may be amended. 6.3. Buffering Adjacent to Major Thorou aces: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. 6.4. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen Brookkollow Planned Development, Town of Prosper, Tx Page 33 of 57 \%ziwww\Extm=*-M\pub\Brookhollow\Resor and Brookhollow 06 27 06 Moe Huitt-MIMS, Inc. wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan 6.5. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit "D"} and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit "D" are approximations and may be modified at the time of final platting. 6.6. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road, and University Drive shall be subject to the TxDOT review process as required. 6.7. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building fagade, trim, or roof surface. 7. Commercial Component Tracts `A' & `B' 7.1 Definition: The commercial area (see Exhibit D) of this Planned Development includes those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. 7.2 General Description: This PD Ordinance allows a maximum of 19 acres of commercial development for Tract `A', and 52.6 acres of commercial development for Tract `B' (see Exhibit `D'). Requirements for this area within the development are described below. 7.3 Allowed Uses: Non-residential land uses allowed within the commercial area are as permitted in the Commercial district listed in Zoning Ordinance No. 05-20. 7.4 Required Parking_ The total parking required shall be the sum of the specific parking Brookhotlow Planned Development, Town of Prosper, Tx Page 34 of 57 \\Mwww\ExtemalM)pub\Brookboltow\Ruw and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. space requirement for each use included within the commercial area as required by Zoning Ordinance No. 05-20. 7.5 Exterior Fagade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 7.6. Commercial development intensity: Development intensity for non-residential land uses shall be as follows: 7.6.1 Floor Area: The allowable floor area of buildings within the commercial area shall be unlimited, provided that all conditions described herein are met. 7.6.2 Lot Area: The minimum lot area shall be 10,000 square feet. 7.6.3 Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 7.6.4 Lot Width: The minimum width of any lot shall be fifty feet. 7.6.5 Lot Depth: The minimum depth of any lot shall be ninety feet. 7.6.6 Front Yard: The minimum depth of the front yard shall be thirty feet 7.6.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty -four -foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot side yard is required adjacent to property zoned for single-family residential uses. 7.6.8 Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty -four -foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty -foot rear yard is required adjacent to property zoned for single-family residential uses. Brookhollow Planned Development, Town of Prosper, Tx Page 35 of 57 \lhziw ww\ExtcmalFTPlpub\Brookhollow\Rasor and Biookhollow 06 27 06 B.doc Huitt-Zollars, Inc. 7.6.9 Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. 7.6.10 Open Space Requirement for Non -Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 8. Commercial Component - General Conditions 8.1 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as they exist or may be amended. All right-of-ways as specified in the Town's Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 8.2 Outdoor Storme and Dis la Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with Zoning Ordinance 05-20 as it exists or may be amended. 8.3 Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. 8.4 Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the commercial and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan 8.5 Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit "D") and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates Brookholtow Planned Development, Town of Prosper, Tx Page 36 of 57 \%ziwww\ExtemaU' T?Vub\BrookhollowUtasor and Brookhollow 06 27 06 B doc Huitt-Zollar% Inc. the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit "D" are approximations and may be modified at the time of final platting. 8.6 Street Intersection with Maior Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road, Coit Road and University Drive shall be subject to the TxDOT review process as required. 8.7 Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, bemring or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building facade, trim, or roof surface. t Brookhollow Planned Development, Town of Prosper, Tx Page 37 of 57 \%ziwww\ExtemalFlP\pub\Brookbollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. EXHIBIT "E" Development Schedule for TOWN OF PROSPER, TEXAS The development schedule for the approximate 1.221.7 acres will be phased over the next three to twenty years as shown below: Year* Development Amenities 2008 SF Residential (130 units) entry feature(s), neighborhood / community open space 2009 SF Residential (130 units) entry feature(s), neighborhood / community open space 2010 SF Residential (130 units) entry feature(s), neighborhood / community open space 2011 SF Residential (130 units) entry feature(s), neighborhood / community open space 2012 SF Residential (130 units) entry feature(s), neighborhood / community open space 2013 SF Residential (130 units) entry feature(s), neighborhood / community open space, Mixed -use (coma rcial/retail) community trail system 2014 SF Residential (130 units) entry feature(s), neighborhood / community open space, Mixed -use (commerciallretail) community trail system 2015 SF Residential (130 units) entry feature(s), neighborhood / community open space, Mixed -use (commercial/retail) community trail system 2016 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail) 2017 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial./retail, 125 units TH) 2018 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail, 125 units TH) 2019 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail, 300 units MF) 2020 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail,150 units TH) 2021 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail, 150 units TH) 2022 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail,150 units TH) 2023 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (cornmercial/retail) 2024 SF Residential (130 units) entry feature(s), neighborhood / community open space Mixed -use (commercial/retail.) Brookhollow Phoned Development, Town of Prosper, TX Page 39 of 57 \\hziwwwlExtemalFTP\pub\Brookhollow\&w and Brookhollow 06 27 06 B.doc Huitt-Zollam hw. 2025 SF Residential (130 units) Mixed -use (commercial/retail) 2026 SF Residential (130 units) Mixed -use (commercial/retail) 2027 SF Residential (130 units) Mixed -use (commercial/rctail) entry feature(s), neighborhood / community open space entry feature(s), neighborhood / community open space, community trail system entry feature(s), neighborhood / community open space, community trail system * Note: Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Brookhollow Phoned Development, Town of Prosper, TX Page 40 of 57 \\hziwww\Extemaaq?\pub\Brookhollow\Rasm and Brockhollow 06 27 06 B.doc Huitt-Zollm, Inc. EXHIBIT "Pt Single-family Residential Tract `A' Design Guidelines for r J1r,°�� 3 i TOWN OF PROSPER, TEXAS 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6" of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. Brookhollow Planned Development, Town of Prosper, TX Page 41 of 57 \%Ziwww\ExternlFTP\pubaWkhollow\Rasor and Brookbollow 06 27 06 B.doc Huitt-Zolhn, Inc. 2.4. For homes following the Type `D' guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. Brookhollow Planned Development, Togo of Prosper, TX Page 42 of 57 \MWwwwExWnaTM\pub\Bmokhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side -to -side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4' wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining wails built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar jointed brick matching the residence, or mortar jointed N illsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case -by -case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and Brookhollow Planned Development, Town of Prosper, TX Page 43 of 57 \\bziwww\ExtemalM\pub\Brookhollow\Rasor and Brockhollow 06 27 06 B.doc Fluitt-Zollais, Inc. kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5" caliper live oak or red oak tree for every 35' of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. I Brookhollow Planned Development, Town of Prosper, TX Page 44 of 57 \\hziwww\ExtemalFTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. EXHIBIT "F" Single-family Residential Tract `A' Home Examples for TOWN OF PROSPER, TEXAS Type W Example Site Plan Brookhollow Planned Development, Town of Prosper, TX Page 45 of 57 \%ewww\ExtemalFTPlpubMkwkholtow\Rasor and Btookhollow 06 27 06 B.doc Huitt-Zolla:s, Inc. Fla r ni O i 1 1 1 PATIO 1 t PROPER 1 OUR JARDT�_4 PORCH Al 0' 1 1 DRIVE GARAGE 1 25' BJ_ ..I _.... 5' LI.E.— 80. 1 'i8� Type "B" Example Site Plan Brookhollow Planned Development, Town of Prosper, TX Page 47 of 57 \\hziwww\Externs*'rP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollws, Inc. • - +.:ads{�:_s;.i��:r 1� r`:' �!•:�7 13 ToR . j mom PDT 0"40.. . rw ssty. C Type "C" Example Site Plan Brookhollow Planned Development, Town of Prosper, TX Page 49 of 57 \\hziwww\Extema]FTP\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. r r DRIVE 11 25'-O' i r GARAGE r i_ Type "D" Example Site Plan Brookhollow Planned Development, Town of Prosper, TX Page 51 of 57 Uhziwww\ExbemalFlP\pub\BrookhoHow\Rasor and Brookhollow 06 27 06 B.doc Huitt-Zollars, Inc. ilm MEN No //,, .�J `i�' �:�.�r— �.�, � • .tit -. _ � �: .. ,.• .. •. •; T mil' `' .. ...� �11. _-,� .7-• sKomi - ._. --�"===mac,::- - - ,�1;;�.. __ _-'�',r='�cY•�:=.��..��:-`4'r. E '.i I __ `� lid �:. :. },, P .I.i,.th��, i F-� ' - •- i • � � - •..z� rC �. �l R'. gy�1 J aTJ 'f`�E - ��•:.4 �C'•^i: t ��('1�:,.1 • ' °t •� EXIMff "G" Single-family Residential Tract `B' Design Guidelines for TOWN OF PROSPER, TEXAS 1. AROUTECTURE: The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fine breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood, vinyl casement divided light windows, or approved metal windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows. 2.4. For homes following the Type `D' guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. Brookhollow Planned Development, Town of Prosper, Tx Page SS of 57 \\]Wwww\ExtemaWIP\pub\Bmkhollow\Rum and BmAhollow 06 27 06 B.doc Huitt-Zellers, hic. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of these or as approved by the developer. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Front walls and screens visible from streets shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Side and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or other approved materials. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. Brookhollow Planned Development, Town of Prosper, TX Page 36 of 57 Wiziwww\Extema"\pub\Brookhollow\Rasor and Brookhollow 06 27 06 B.doc Huia-Zollars, Inc. 4.2. A common 4' wrought iron fence detail, to be used as required, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar jointed brick matching the residence, or mortar jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, exposed aggregate or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case -by -case basis. All front entry surfaces must be constructed in brick, stone, slate, flagstone or exposed aggregate. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone, exposed aggregate or other approved materials. 6. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 7. TREES: Landscape requirements shall include a minimum of two 4" caliper live oaks or red oaks in the front yard. In addition to the 2 required front yard trees, a minimum of two 4" caliper live oaks or red oaks shall be planted in each side yard space that abuts a street. Brookhollow Planned Development, Town of Prosper, TX Page 57 of 57 Wlgwww%xtemalFPP\pub\Brookhollow\Ftimr and Brookhollow 06 27 06 B doc Huitt-Zollors, Inc. O F PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-M4502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z07-18: The Town of Prosper has received an application to rezone 285.5t acres from Agricultural (A) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north and south side of First Street, 2,650t feet east of Coit Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of two hundred seventy-eight (278)10,000 square foot single family residential lots and seventy (70)15,000 square foot single family residential lots on the 174.2t acres located on the north side of First Street and would allow the development of fifty-six (56) 7,000 square foot single family residential lots, eighty-three (83) 9,000 square foot lots, and one hundred ninety-four (194) 12,000 and 15,000 square foot single family residential lots on the 111.3t acres located on the south side of First Street. ❑ OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): U _k� N me (please print) Signatu Address Date Q (1 h v S4� GC%�G� o City, State, and Zip Code E-mail Address �a� 12/10/2007 14:06 FAX 972 479 0397 WIL.BOW CORP. @ 002 Pii: SPER REPLY FORM PLANNING DEPAR'TIINENT' P.O. Box 307 Prosper, TX 7507a Phone: 972-346-3502 Fax: 972947 9006 SUBJECT: Zoning Case Z07-18: The Town of Prosper has recelved an application to rezone 285.5t acres from Agricultural (A) to Planned Development -Single FOmlly (PD,SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north and south side of First Street, 2,650t feet east of Coit Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of two hundred seventy-eight (278)10,000 square foot single family residential lots and seventy (70)15,000 square foot single'family residential lots on the 174.2t acres located on the north side of First Street and would allow the development of fifty-six (56) 7,000 square foot single family residential lots, eighty4hree (83) 9,000 square foot lots, and one hundred ninety-four (194) 12,000 and 15,000 square foot single family residential lots on the 111.3t acres located on the south side of First Street ❑ I PPOSE the request as described in the notice of public hearing. DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF Name (please print) Address I -baU457Y '-�S2D� City, State, and Zip Code E-mail Address a r 1� TOWN OF PTIF REPLY FORM plAIAN11016 DEPAK7U19 V P.O. Box 307 Prosper, TX 75078 Phone: 972-M-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z07-18: The Town of Prosper has received an application to rezone 285.5t acres from Agricultural (A) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north and south side of First Street, 2,650t feet east of Colt Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of two hundred seventy-eight (278)10,000 square fbot single family residential lots and seventy (70)15,000 square foot single family residential lots on the 174.2+ acres located on the north side of First Street and would allow the development of fifty-six (56) 7,U00 square foot single family residential lots, eighty-three (83) 9,000 square foot lots, and one hundred ninety-four (194) 12,000 and 15,000 square foot single family residentiai lots on the 111.3t acres located on the south side of First Street. ❑ I OPPOSE the request as described in the notice of public hearing. kr I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): 1 . �-. AddressNa (pleasb print) too 71 P 7 L f ji ON 7 Ilia Date I RE 0 -allkdaress tw E� p TOWN P Tr�l �!o nF R REPLY FORM PLANNING DEPAKMEMT P.O. Box 307 Prosper, TX 75078 Phone: 972-3464502 Fax: 972-347-9006 SUBJECT: Zoning Case Z07-18: The Town of Prosper has received an application to rezone 285.5± acres from Agricultural (A) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north and south side of First Street, 2,650± feet east of Coit Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of two hundred seventy-eight (278)10,000 square ibot single family residential lots and seventy (70)15,000 square foot single family residential lots on the 174.2± acres located on the north side of First Street and would allow the development of fifty six (56) 7,000 square foot single family residential lots, eighty-three (83) 9,000 square foot lots, and one hundred ninety-four (194) 12,000 and 15,000 square foot single family residential lots on the 111.3± acres located on the south side of First Street. ❑ 1 OPPOSE the request as described in the notice of public hearing. kl° I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): p TOWN OF.. Oil REPLY FORM P.O. Box 307 Prosper, TX 75078 Phone: 972-M-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z07-18: The Town of Prosper has received an application to rezone 285.5t acres from Agricultural (A) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north and south side of First Street, 2,650t fleet east of Coit Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of two hundred seventy-eight (278)10,000 square foot single family residential lots and seventy (70)15,000 square foot single family residential lots on the 174.2± acres located on the north side of First Street and would allow the development of fifty-six (56) 7,,000 square foot single family residential lots, eighty-three (83) 9,000 square foot lots, and one hundred ninety-four (194) 12,000 and 15,000 square foot single family residential lots on the 111.3t acres located on the south side of First Street. o I OPPOSE the request as described in the notice of public hearing. C I DO NOT OPPOSE the request as described in the notice of public hearing. ame (p se print) L1177m- firlscoTx -T5� City, State, and Zip Code PLANNONG DEPARTHEM7 P.O. Box 307 Prosper, TX 75078 Phone: 972-M-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z07-18: The Town of Prosper has received an application to rezone 285.5± acres from Agricultural (A) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north and south side of First Street, 2,650± feet east of Coif Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of two hundred seventy-eight (278)10,000 square foot single family residential lots and seventy (70)15,000 square foot single family residential lots on the 174.2± acres located on the north side of First Street and would allow the development of fifty-six (56) a,000 square foot single family residential, lots, eighty4hree (83) 9,000 square foot lots, and one hundred ninety -flour (194) 12,000 and 15,000 square foot single family residential lots on the 111.3± acres located on the south side of First Street. ❑ I OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): 3 Name (pl tint) towimm.1 '� =-14 , � " F`' ��C� City, State, and Zip Coder Date PSPER T To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council January 22, 2008 - 6:00 p.m. Re: Annexation of approximately 10.0141 acres of land generally located 3700+ feet east of Coit and 1840+ feet north of E. First Street. Description: Council accepted the petition for the voluntary annexation of approximately 10.0141 acres of land located 3700+ feet east Coit and 1840± feet north of E. First Street at their November 27, 2007 meeting. This is the second of two public hearings required to annex the property. Following is a service plan for the property. Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 9 S 5 z ci Q g3 F� 8 VIM fr W =�yy u a o Y6 i� $ .4 I f'BCa.9t I€�SEfr�B tl ��3 � II8fr88fr 9.o a-y m Z &F�u�OL=B Q Wi i j=S o� sF ?g g.aeeERFwgCgYES9PPPS$3Q9tl = — azE W o OM+ Ertl u .,5.`.�t:fopt^�'"ffi�S: C+Ffo==k�=R�S8 ie �Ef. `RRa�Abi�iS $.fir .$•rS���-X.�'.3•"'-§:nS� Ky».,whriizii_- �ium Q Y --MA EMI � a 1 s ,FTT I r•� y .............................. F1 J TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 08-xx February 12, 2008 Approximately 10.0141 acres Spencer Graham Survey, Abstract 359, Collin County LandPlan Development Corporation MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 !•2) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND'OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1!2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-112) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. t P TOWN ER To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council January 22, 2008 - 6:00 p.m. Re: Annexation of approximately 10.85 acres of land generally located north of Prosper Trail and west of Custer Road. Description: Council accepted the petition for the voluntary annexation of approximately 10.85 acres of land located north of Prosper Trail and west of Custer Road at their November 27, 2007 meeting. This is the second of two public hearings required to annex the property. Following is a service plan for the property. Recommendation: Lighthouse Christian Fellowship Church has requested this annexation be tabled (Email attached). I have informed them that the annexation ordinance has to be passed by council no later than the February 26, 2008 Town Council meeting or the annexation process will have to start over. Staff recommends that Council receive any input at the public hearing. After the public hearing, staff recommends the Council discuss possibly tabling the annexation petition. Agenda Item No. 10 Matthew Denton From: Sarah Prechtl [sprechtl@I-c-f.com] Sent: Wednesday, January 16, 2008 4:44 PM To: matthew_denton@prospertx.gov Subject: Lighthouse Christian Fellowship Church Good Afternoon Mr. Denton, My name is Sarah Prechtl and I am the Building Project Secretary here at Lighthouse Christian Fellowship. I wanted to inform you that we would like to table our annexation request until further notice. This will allow us to do diligence and make certain we can meet the requirements the city needs us to make. Please let me know if any further actions need to be made or if there is anything else you need from us. Please let me know you have received this request. Thank you so much. Blessings, Office Administrator/ Building Project Coordinator Lighthouse Christian Fellowship Church P.O. Box 1059 Prosper, TX 75078 0:972-562-2500 C: 469-233-6888 F: 972-692-8409 sprechtl@I-c-f.com VOLUME 2211, PAGE 930 onon ro /� \ •{ o❑D DZ W r N !N'1 O !m'1 n ON rOOz DO m ZN rzl N Z n m z x" yc v vn r OmD❑ n0 zx n v"n" mn m rn b xr r _ LSD An n n . n n cn�r =A m z r. 1z I rni WZ n nv on �o n m V V N ❑ r ? n A A"m Z n < o n iHnc n o A C N Ft) np= N ❑ m C0 D um ❑ D N Z A z. z N m N'mm S m v n rN � mrn n02rx nmz -❑W Wnr" Nm� moro n < C ❑ zJ € D I m m mm;u im NA > t1� I N A A W c�m� n0 m� C" n E zDx m = I Win^ E I D I A I n D n I " n 1-0 o \G'a p?o � xr I m v mA n xn = O 2D p C pv nm nw nzn n =nm ro b zi an J m n 2` z 33.90' _ n m m A 20.30' < P I n En Do rZ n v x ❑ D n A r N m zn z v n ❑ N n n_ o � o_ n rEi n rci ❑ n n r%+ A 2 N n m 110 N N O A n n N •Nn, V n rni { =N V2o N DfDI _vn A^c' zi�a 2x tZ❑ DOA o ❑- n 0-1D m N nNA r ZCZ =z o - z-n .O N 2.r �Np A❑n �C- M> AS ��❑ oZr Nx0 Z mnr �rZ n oPn noc z nm r o=D mooImm = moon n Ary c ''oo D mr=i PPO D= no=�^ P m vyr: o a Do Zn mzb NDn Iyp r Zn1 n Dpn Z N r m Ao n n� n V H C N Z pp n ❑N rZj� Z n N V n N 0 I 00 ti I Cn N Z m I m W E H O D m " mo 1 m• N n I o. Ib I .021E A N Dnx N Co DDp Kf n r�i rxi �! IW 1 A nn n2 - I /A= i I P I I o x n S P n � I na S ng I Rm I FARM ROAD NO. 2478 igt cg$JJT"�.�. j�10 VOLUME 529 PAGE 611 S N ^ ;2.y WE 7n n y C n 2 F. m m i \ 11 =-r9 eg 7nnn 11 1���vnm I '��"9" nNx2 V vmNN�. a�g xgxg gROl�8 S�#�4OM. O GNvg zm p c" m +" moz '� /� � 8@V 211'. gg°g1 & g X �mz N oD S T7 Y m - o' C n c z 0 s o • N N m �+ ro o - r 0 m rn 0 ^^ Y Y �. O Z 6 n Y 9 .it O a SznnnAS> Jiy R-a A \ _ _ S • r' _ o O , 6 �<= v d s mn �;; asp •'• 9 ' " X fJl N- Ol X m - 8 J G 9 8 p 9 9 e- o o n a •� V NO n n ' e n• n ' �S,'o y y ^?' ' _ �so a � � no � 01 9~T[x CA d � � No • n m 1 O n n TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: 08-xx February 12, 2008 Approximately 10.85 acres George Horn Survey, Abstract 412, Collin County Lighthouse Christian Church MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE 1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS I. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 ' 2) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND.. -'OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-1/2) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. PINGLETON, HOWARD & COMPANY, P. C. CERTIFIED PUBLIC ACCOUNTANTS P. O. BOX 148 FRISCO, TEXAS 75034 972-335-9754/FAX 972-335-9758 TOM W. PINGLETON, CPA RANDY HOWARD, CPA WHITNEY S. YOUNTS, CPA WAYNE NABORS CINDY SCOTT MARILYN BANDY November 14, 2007 Honorable Mayor and Members of the Town Council Town of Prosper, Texas MEMBERS AMERICAN INSTITUTE OF CPAS AICPA DIVISION FOR CPA FIRMS TEXAS SOCIETY OF CPAs We have audited the financial statements of the Town of Prosper, Texas for the year ended September 30, 2007, and have issued our report thereon dated December 5, 2007. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under U. S. Generally Accented Auditing Standards As stated in our engagement letter dated July 14, 2007, our responsibility, as described by pro-fessional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement and are fairly presented in accordance with U. S. generally accepted accounting principles. Because an audit is designed to provide reasonable, but not absolute assurance and because we did not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. As part of our audit, we considered the internal control of the Town of Prosper, Texas. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Significant Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. No new accounting policies were adopted and the application of existing policies was not changed during 2007. We noted no transactions entered into by the Town of Prosper, Texas during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. During our tests of internal controls over cash, we observed that one of the cash drawers maintained by the Inspections Department was $124 short of its supposed balance. We recommend that each cash drawer maintained by the Town be assigned to a specific individual who is responsible for reconciling the drawer on a daily basis and reporting any material shortages, in writing, immediately to their department supervision. Honorable Mayor and Members of the Town Council November 14, 2007 Page Two Accountina Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. We evaluated the key factors and assumptions used to develop the accounting estimates in determining that they were reasonable in relation to the financial statements taken as a whole. Audit Adiustments For purposes of this letter, professional standards define an audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. An audit adjustment may or may not indicate matters that could have a significant effect on the Town of Prosper, Texas' financial reporting process (that is, cause future financial statements to be materially misstated). Most of our audit adjustments were made to restate the Town's financial statements from the modified to full accrual basis. We did make one adjustment of over $100,000 to eliminate nonexistant accruals. It appears that the accruals and related expenses had been recorded to bring fiscal yearend 2008 expenses into fiscal yearend 2007 to use unspent budget. This practice is not allowable in accordance with General Accepted Accounting Principles and must be stopped. We further recommend that the Town Administrator approve any expenditures over $5,000 that take place during the last thirty days of a fiscal year. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, includingthe application of accounting principles and auditing standards, with management each year prior to retention as the Town of Prosper, Texas' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Honorable Mayor and Members of the Town Council November 14, 2007 Page Three Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. This information is intended solely for the use of the Honorable Mayor and Members of the Town Council and management of the Town of Prosper, Texas and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, PINGLETON, HOWARD & COMPANY, P.C. Tom W. Pingleto , ,PA TWP:mb TOWN OF PROSPER, TEXAS Financial Statements (With Auditor's Report Thereon) September 30, 2007 TOWN OF PROSPER Annual Financial Report For the Year Ended September 30, 2007 Page Number Independent Auditor's Report .................................................... 1 Management's Discussion and Analysis ........................................... 3 Basic Financial Statements: Government -Wide Financial Statements: Statement of Net Assets ................................................. 11 Statement of Activities .................................................. 12 Fund Financial Statements: Balance Sheet - Governmental Fund ...................................... 14 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets ............................................. 17 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds ................................................ 18 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ........ 20 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund ..................................... 21 Statement of Net Assets - Proprietary Fund ................................ 22 Statement of Revenues, Expenses, and Changes in Fund Net Assets - Proprietary Fund ................................................... 23 Statement of Cash Flows - Proprietary Fund ................................ 24 Notes to the Financial Statements ............................................ 25 Combining and Individual Fund Statements: Combining Balance Sheet - Nonmajor Governmental Funds ....................... 46 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds ............................................ 47 Statement of Revenues, Expenses, and Changes in Fund Net Assets - Budget and Actual - Water and Sewer Fund .................................. 48 Supplemental Schedules General Governmental Expenditures by Function ............................... 50 General Governmental Revenues by Source .................................... 52 Property Tax Levies and Collections .......................................... 54 Property Tax Rates ........................................................ 56 Ratio of Annual Debt Service Expenditures for General Obligation Bonded Debt to Total General Governmental Expenditures ................................. 57 Revenue Bond Coverage .................................................... 58 Texas Municipal Retirement System Schedule of Funding Progress ................ 59 -i- PINGLETON, HOWARD & COMPANY, P. C. CERTIFIED PUBLIC ACCOUNTANTS P. O. BOX 148 FRISCO, TEXAS 75034 972-335-9754/FAX 972-335-9758 TOM W. PINGLETON, CPA RANDY HOWARD, CPA R. WAYNE NABORS, CPA ROBIN J. TURNBULL, CPA WHITNEY YOUNTS, CPA INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the Town Council Town of Prosper Prosper, Texas 75058 MEMBERS AMERICAN INSTITUTE OF CPAs AICPA DIVISION FOR CPA FIRMS TEXAS SOCIETY OF CPAS We have audited the accompanying financial statements of the governmental activities, the business - type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the Town of Prosper, Texas, as of and for the year ended September 30, 2007, which collectively comprise the Town's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the management of the Town of Prosper. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examin- ing, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by manage- ment, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the Town of Prosper, Texas, at September 30, 2007, and the respective changes in financial position and cash flows, where applicable, for the year then ended in conformity with accounting principles generally accepted in the United States of America. Management's discussion and analysis on pages 3 through 8 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. -1- Management's Discussion and Analysis As management of the Town of Prosper, we offer readers of the Town of Prosper's financial statements this narrative overview and analysis of the financial activities of the Town of Prosper for the fiscal year ended September 30, 2007. All amounts, unless otherwise indicated, are expressed in actual dollars. Financial Highlights • The assets of the Town of Prosper exceeded its liabilities at the close of the most recent fiscal year by $18,607,311 (net assets). • The government's total net assets increased by $5,587,996. • As of the close of the current fiscal year, the Town of Prosper's governmental funds reported com- bined ending fund balances of $11,124,936, a decrease of $3,846,665 in comparison with the prior year. Most of the decrease is due to expenditures for capital assets. Approximately $3,034,114 is available for spending at the government's discretion (unreserved undesignated fund balance). • The unreserved fund balance for the general fund ($3,034,114) was 83.3 percent of total general fund expenditures. • The Town's bonded debt decreased by $646,103 during the year. • The Town's capital assets increased by $9,017,797 during the year. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the Town of Prosper's basic financial statements. The Town of Prosper's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. Government -wide financial statements. The government -wide financial statements are designed to provide readers with a broad overview of the Town of Prosper's finances, in a manner similar to a private -sector business. The statement of net assets presents information on all of the Town of Prosper's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the Town of Prosper is improv- ing or deteriorating. The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected taxes and earned but unused vacation leave). Both of the government -wide financial statements distinguish functions of the Town of Prosper that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the Town of Prosper include general government, public safety, transportation, and recreation. The business -type activities of the Town of Prosper include the water and sewer system. -3- Government -wide Financial Analysis As noted earlier, net assets may serve over time as a useful indicator of a government's financial posi- tion. In the case of the Town of Prosper, assets exceed liabilities by $18,607,311 at the close of the most recent fiscal year. A portion of the Town of Prosper's net assets (28.6 percent) reflects its investment in capital assets (e.g. land, building, machinery, and equipment) less any related debt used to acquire those assets that is still outstanding. The Town of Prosper uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the Town of Prosper's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the Town of Prosper's net assets (44 percent) represents resources that are subject to external restrictions on how they may be used. TOWN OF PROSPER - Net Assets Governmental Activities Business -type Activities Total 2007 2006 2007 2006 2007 2006 Current and other assets $ 20,547,372 24,364,196 12,505,865 12,013,772 33,053,237 36,377,968 Capital assets 10,751,825 2,894,037 10,002,642 9,380,304 20,754,467 12,274,341 Total assets 31,299,197 27,258,233 22,508,507 21,394,076 53,807,704 48,652,309 Long-term liabilities 10,538,208 11,064,592 13,813,500 14,271,900 24,351,708 25,336,492 Other liabilities 10,044,208 9,683,119 804,477 470,544 10,848,685 10,153,663 Total liabilities 20,582,416 20,747,711 14,617,977 14,742,444 35,200,393 35,490,155 Net assets: Invested in capital assets, net of related debt 705,691 1,225,127 4,609,328 3,750,234 5,315,019 4,975,361 Restricted 8,150,426 12,225,991 39,110 39,855 8,189,536 12,265,846 Unrestricted 1,860,664 (6,940,596) 3,242,092 2,861,543 5,102,756 (4,079,053) Total net assets $ 10,716,781 6,510,522 7,890,530 6,651,632 18,607,311 13,162,154 -5- • Licenses, fees and permits increased by $554,204 (60 percent) during the year. • The Town received a $500,000 parks and open space grant from Collin County. Business -tune Activities Business -type activities increased the Town of Prosper's net assets by $1,272,759. • Water and sewer fund revenue decreased $133,433 (4 percent) mainly due to above average summer rain which resulted in less water demand. • Operating expenses increased by $942,783 from the previous year, with the largest increase being in contractual services which were utility system improvements made from impact fee revenues. Financial Analysis of the Government's Funds As noted earlier, the Town of Prosper uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the Town of Prosper's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the Town of Prosper's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available at the end of the fiscal year. As the end of the current fiscal year, the Town of Prosper's governmental funds reported combined ending fund balance of $11,124,936, a decrease of $3,846,665 from the prior year. Most of the decrease is from $8,341,692 of capital outlay funded from certificates of obligation sold in the previous year. Of the current combined ending fund balance, $3,034,114 is unreserved and not designated, $7,450,400 is unreserved and designated, and $640,422 is reserved. Total unreserved fund balance represents 83.2% of total general fund expenditures. Proprietary funds. The Town of Prosper's proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. Total net assets of the Enterprise Funds at the end of the year totaled to $7,890,530. The total increase in net assets of the Enterprise Fund, for the year ended September 30, 2007, was $1,272,759. The factors concerning the finances of this fund have already been addressed in the discussion of the Town of Pros- per's business type activities. General Fund Budgetary Highlights During the year, revenues and expenditures were less than budgetary estimates. The budget had called for a $51,302 increase in fund balance. Better than budget results in expenditures increased the net change in fund balance to $607,900. Capital Asset and Debt Administration Capital assets. The Town of Prosper's investment in capital assets for its governmental and business - type activities as of September 30, 2007, amounts to $20,754,467 (net of accumulated depreciation). This investment in capital assets includes land, buildings and systems, and equipment. Major capital asset events during the current fiscal year included the following: • Capital asset acquisitions in governmental activities totaled $8,111,168. The majority of this activity was in the Capital Projects Fund and is construction in progress for water system improvements. -7- BASIC FINANCIAL STATEMENTS In TOWN OF PROSPER Statement of Net Assets September 30, 2007 ASSETS Cash and cash equivalents Receivables (net of allowance for uncollectibles): Utility bills Delinquent property taxes Sales tax Other Due from component unit Due from other funds Prepaids Restricted cash and cash equivalents Bond issuance costs Capital assets (net of accumulated depreciation): Land Buildings and systems Equipment Construction -in -progress Total assets LIABILITIES Accounts payable and other current liabilities Due to other funds Accrued interest payable Due to primary government Deposits payable Noncurrent liabilities: Due within one year Due in more than one year Total liabilities NET ASSETS Primary Government Governmental Business -type Activities Activities Total $ 20,315,348 2,307,644 22,622,992 386,543 59,604 92,390 3,130 6,235 8,819,803 2,920 127,235 607,118 67,745 257,522 2,032,649 5,000 1,815,123 9,764,630 878,826 233,012 6.025.227 31,299,197 22,508,507 475,284 216,770 8,819,803 59,803 82,608 27,000 689,318 478,099 10,538,208 13,813,500 20,582,416 14,617,977 Invested in capital assets, net of related debt 705,691 4,609,328 Restricted for: Debt Service 640,975 39,110 Public safety 59,051 Capital projects 3,160,183 Parks & recreation 1,081,076 Impact fees 2,537,120 Other 672,021 Unrestricted 1,860,664 3,242,092 Total net assets $ 10,716,781 7,890,530 The notes to the financial statements are an integral part of this statement. -11- 386,543 59,604 92,390 3,130 6,235 8,819,803 130,155 607,118 325,267 2,037,649 11,579,753 1,111,838 6.025.227 53,807,704 711,753 8,819,803 142,411 27,000 1,147,718 24.351.708 35,200,393 5,315,019 680,085 59,051 3,160,183 1,081,076 2,537,120 672,021 5.102.756 18,607,311 Component Unit Economic Development 1,387,006 30,535 1,417,541 3,190 6,235 2,615 12,040 1,405,501 1,405,501 Net (Expense) Revenue and Changes in Net Assets Primary Government Component Unit Governmental Business -type Economic Activities Activities Total Development 714,508 714,508 (826,965) (826,965) 7,854 7,854 (1,056,004) (1,056,004) 629,579 629,579 1,054,994 1,054,994 (1,494) (1,494) 340,701 340,701 (191,256) (191,256) (516,062) (516,062) 155,855 155,855 (444,967) (444,967) (444,967) (444,967) 155,855 (444,967) (289,112) (170,302) (170,302) 3,014,577 3,014,577 1,207,541 1,207,541 401,647 304,284 304,284 1,106,857 131,516 1,238,373 61,367 78,910 33,423 112,333 132 (1,552,787) 1,552,787 4,159,382 1,717,726 5,877,108 463,146 4,315,237 1,272,759 5,587,996 292,844 6,401,544 6,617,771 13,019,315 1,112,657 $ 10,716,781 7,890,530 18,607,311 1,405,501 -13- Other Total Governmental Governmental Funds Funds 4,367,609 20,315,347 59,604 92,390 3,130 3,130 2,920 6,235 376,765 4,370,739 20,856,391 78,177 475,283 2,345 9,196,568 59,604 80,522 9,731,455 581,371 59,051 3,160,183 4,290,217 4,290,217 3,034,114 4,290,217 11,124,936 4,370,739 20,856,391 -15- TOWN OF PROSPER Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets September 30, 2007 Total Fund Balances - Governmental Funds Capital assets used in governmental activities and unamortized bond issuance cost are not financial resources, and therefore, are not reported in governmental funds. At the beginning of the year, the cost of capital assets was $3,822,049, the accumulated depreciation was $(928,012) and unamortized bond issuance cost was $71,730. In addition, long-term liabilities, including bonds payable of $(11,401,145), capital leases payable of $(30,765), and compensated absences of $(96,655), are not due and payable in the current period, and therefore, are not re- ported as liabilities in the funds. The net effect of including the beginning balances for capital assets (net of depreciation) and long-term debt in the governmental activities is to decrease net assets. Current year capital outlays of $8,107,930 and long-term debt principal payments of $385,626 are expenditures in the fund financial statements, but they should be shown as increases in capital assets and reductions in long-term debt in the government -wide financial statements. The net effect of including the current year capital outlays and debt principal payments is to increase net assets. Interest is accrued on outstanding debt in the government -wide financial statements, whereas in the fund financial statements, interest expenditures are reported when due. The net effect of including accrued interest is to decrease net assets. The current year depreciation expense increases accumulated depreciation. The net effect of the current year's depreciation is to decrease net assets. The current year bond issuance cost amortization decreases unamortized bond issuance cost and decreases net assets. Various other reclassifications and eliminations are necessary to convert from the modified accrual basis of accounting to ac- crual basis of accounting. These include recognizing $59,604 of deferred revenue as revenue, reclassifying the proceeds of capital leases of $(48,450) as an increase in long-term debt, and recognizingthe liabilities associated with compensated absences of $(32,899). The net effect of these reclassifications is to decrease net assets. Net Assets of Governmental Activities The notes to the financial statements are an integral part of this statement. $ 11,124,936 (8,562,798) 8,493,556 (59,803) (253,380) (3,985) (21,745) $ 10J16,781 -17- TOWN OF PROSPER Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities September 30, 2007 Total Net Change in Fund Balances - Governmental $ (3,846,665) Funds Current year capital outlays of $8,107,930 and long-term debt principal payments of $385,626 are expenditures in the fund financial statements, but they should be shown as increases in capital assets and reductions in long-term debt in the government -wide financial statements. The net effect of including the current year capital outlays and debt principal payments is to increase net assets. 8,493,556 Interest is accrued on outstanding debt in the government -wide financial statements, whereas in the fund financial statements, interest expenditures are reported when due. The net effect of including accrued interest is to decrease net assets. (19,534) Depreciation is not recognized as an expense in governmental funds since it does not require the use of current resources. The net effect of the current year's depreciation is to decrease net as- sets. (253,380) Various other reclassifications and eliminations are necessary to convert from the modified accrual basis of accounting to accrual basis of accounting. These include recognizing $26,594 of deferred revenue as revenue, reclassifying the proceeds of capital leases of $(48,450) as an increase in capital leases, recording $(3,985) of amortization of bond issuance costs, and recognizing the liabilities associated with compensated absences of $(32,899). The net effect of these reclassifications is to decrease net assets. (58,740) Change in Net Assets of Governmental Activities $ 4,315,237 The notes to the financial statements are an integral part of this statement. -20- TOWN OF PROSPER Statement of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual - General Fund For the Fiscal Year Ended September 30, 2007 Variance With Final Original Budget Final Budgeted Actual Positive Budget Amounts (He ative REVENUES Taxes: Property $ 1,050,041 1,112,082 62,041 Sales 1,603,800 1,207,541 (396,259) Franchise 202,980 304,284 101,304 Licenses, fees, and permits 1,148,740 1,076,523 (72,217) Charges for services 172,000 155,717 (16,283) Fines, warrants and seizures 105,000 131,313 26,313 Investment income 43,200 134,275 91,075 Miscellaneous 3,000 78,910 75,910 Total revenues 4,328,761 4,200,645 (128,116 EXPENDITURES Administrative 796,780 717,828 78,952 Police 878,652 819,754 58,898 Court 111,467 124,820 (13,353) Fire 1,170,414 997,050 173,364 Streets 339,341 177,028 162,313 Parks and recreation 86,418 59,699 26,719 Inspections 476,149 418,254 57,895 Planning 211,709 189,059 22,650 Engineering 1,494 (1,494) Capital outlay 206,529 85,398 121,131 Debt service: Principal 49,073 (49,073) Interest 1,738 (1,738 Total expenditures 4,277,459 3,641,195 636,264 Excess of revenues over expenditures 51,302 559,450 508,148 OTHER FINANCING SOURCES (USES) Capital lease proceeds 48,450 48,450 Total other financing sources (uses) 48,450 48,450 Net change in fund balances 51,302 607,900 556,598 Fund balances, beginning (as restated) 2,485,265 2,485,265 Fund balances, ending $ 2,536,567 3,093,165 556,598 -21- TOWN OF PROSPER Statement of Revenues, Expenses, and Changes in Fund Net Assets Proprietary Fund For the Fiscal Year Ended September 30, 2007 OPERATING REVENUES Water and sewer charges $ 2,065,819 Sanitation charges 358,543 Water and sewer connections 426,659 Service initiation 592,963 Miscellaneous 33,423 Total operating revenues 3,477,407 OPERATING EXPENSES Personnel services 481,840 Materials and supplies 353,663 Contractual services 2,096,047 Amortization 16,547 Depreciation 284,291 Total operating expenses 3,232,388 Operating income (loss) 245,019 NONOPERATING REVENUES (EXPENSES) Interest revenue 131,516 Interest expense and fiscal charges (656,563) Total nonoperating revenues (expenses) (525,047) Net income (loss) before operating transfers (280,028) TRANSFERS Transfers in for debt service 873,395 Transfers in for capital assets 679,392 Change in net assets 1,272,759 Net assets, beginning (as restated) 6,617,771 Net assets, ending $ 7,890,530 The notes to the financial statements are an integral part of this statement. -23- TOWN OF PROSPER Notes to the Financial Statements September 30, 2007 (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Town of Prosper, Texas, have been prepared in conformity with accounting principles generally accepted (GAAP) in the United States of America as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard - setting body for establishing governmental accounting and financial reporting principles. A. Reporting Entity In evaluating how to define the government, for financial reporting purposes, management has considered all potential component units. The decision to include a potential component unit in the reporting entity was made by applying the criteria set forth in GAAP. The basic, but not the only, criterion for including a potential component unit within the reporting entity is the governing body's ability to exercise oversight responsibility. The most significant manifestation of this ability is financial interdependency. Other manifestations of the ability to exercise oversight responsibil- ity include, but are not limited to, the selection of governing authority, the designation of manage- ment, the ability to significantly influence operations, and accountability for fiscal matters. A second criterion used in evaluating potential component units is the scope of public service. Application of this criterion involves considering whether the activity benefits the government and/or its citizens, or whether the activity is conducted within the geographic boundaries of the government and is generally available to its citizens. A third criterion used to evaluate potential component units for inclusion or exclusion from the reporting entity is the existence of special financing relationships, regardless of whether the government is able to exercise oversight respon- sibilities. Based upon the application of these criteria, the following is a brief review of each potential component unit addressed in defining the government's reporting entity. Discretely Presented Component Unit. The Prosper Economic Development Corporation (EDC) serves all citizens of the government and is governed by a board appointed by the government's elected council. The scope of public service of the EDC benefits the government and its citizens and is operated primarily within the geographic boundaries of the government. The EDC is presented as a governmental fund type. Complete financial statements for the individual component unit may be obtained at the entity's administration office, Prosper Economic Development Corporation, P. O. Box 1060, Prosper, Texas 75078. B. Government -wide and Fund financial statements The government -wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all of the nonfiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given func- tion or segment are offset by program revenues. Direct expenses are those that are clearly identifi- able with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by -continued- -25- TOWN OF PROSPER Notes to the Financial Statements September 30, 2007 -continued- NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Measurement focus, basis of accounting, and financial statement presentation (continued) a manner similar to private business or where the council has decided that the determination of revenues earned, costs incurred andior net income is necessary for management accountability. The government's enterprise fund is for water and sewer operations. Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in both the government -wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of Governmental Accounting Standards Board. Governments also have the option of following subsequent private - sector guidance for their business -type activities and enterprise funds, subject to this same limita- tion. The government has elected not to follow subsequent private -sector guidance. As a general rule the effect of interfund activity has been eliminated from the government -wide financial statements. Exceptions to this general rule are payments -in -lieu of taxes and other charges between the government's water and sewer function and various other functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operat- ing revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operat- ing revenues of the enterprise fund are charges to customers for sales and services. The enterprise fund also recognizes as operating revenue the portion of tap fees intended to recover the cost of connecting new customers to the system. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. D. Assets, liabilities, and net assets or equity 1. Deposits and Investments Cash and cash equivalents includes cash on hand, demand deposits, and short-term invest- ments with a maturity date within three months of the date acquired by the government. Other short-term investments are included in investments. Investments are stated at cost. 2. Short-term Interfund Receivables/Payables During the course of operations, numerous transactions occur between individual funds for goods provided or services rendered. These receivables and payables are classified as "due from other funds" or "due to other funds" on the balance sheet. Short-term interfund loans are classified as "interfund receivables/payables." -continued- -27- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) D. Assets, liabilities, and net assets or equity (continued) 6. Long-term Obligations (continued) deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. 7. Fund equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. NOTE 2. STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY A. Budgetary Information Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States of America. Annual appropriated budgets are legally adopted for the general fund and water and sewer fund. All annual appropriations lapse at fiscal year end. Project length financial plans are adopted for all capital projects funds. The Town follows these procedures in establishing the budgetary data reflected in the financial statements. 1. Prior to September 1, the Town Administrator submits to the Town Council a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. 3. On the first meeting in September, the budget is legally enacted through the passage of an ordinance. 4. Formal budgetary integration, using the modified accrual basis, is employed as a manage- ment control device during the year for the General Fund. No supplemental appropriations were made during the fiscal year. -continued- -29- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 3. DETAILED NOTES ON ALL FUNDS (continued) A. Deposits and Investments (continued) a. Custodial Credit Risk (continued) Corporation (FDIC). The government is not exposed to custodial credit risk for its deposits, as all are covered by depository insurance and pledged securities. b. Custodial Credit Risk - Investments: For an investment, this is the risk that, in the event of the failure of the counterparty, the government will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The Government investments are with the Texas Local Government Investment Pool ("TexPool'% and the TexStar Investment Pool ("TexStar'D. The pools are public funds investment pools created to provide a safe environment for the placement of local government funds in authorized short-term investments. Local investment pools oper- ate in a manner consistent with the Security and Exchange Commission's Rule 2a7 of the Investment Company Act of 1940. The Texas Comptroller of Public Accounts exer- cises oversight responsibility over TexPool. Administration of TexStar is performed by a Board of Directors, which is an administrative agency created under the Interlocal Act. The government is not exposed to custodial credit risk for its investments. c. Credit Risk - This is the risk that an issuer of an investment will be unable to fulfill its obligations. The rating of securities by nationally recognized rating agencies is designed to give an indication of credit risk. The credit quality rating for TexPool at year end was AAAm by Standard & Poor's. The credit quality rating for TexStar at year end was Aaa by Moody's Investor Service. d. Interest Rate Risk - This is the risk that changes in interest rates will adversely affect the fair value of an investment. The government manages its exposure to declines in fair values by limiting the weighted average maturity of its investment portfolio to less than one year from the time of purchase. The weighted average maturity for the govern- ment's investment in external investment pools is less than 60 days. e. Foreign Currency Risk -This is the risk that exchange rates will adversely affect the fair value of an investment. The government is not exposed to foreign currency risk. f. Concentration of Credit Risk - This is the risk of loss attributed to the magnitude of the government's investment in a single issuer (i.e., lack of diversification). Concentration risk is defined as positions of 5 percent or more in the securities of a single issuer. Investments issued by the U. S. Government and investments in investment pools are excluded from the 5 percent disclosure requirement. The government is not exposed to concentration of credit risk. At year end, the government's investment balances were as follows: Fair Investment type: Value Texas Local Government investment pool $ 7,588,819 TexStar investment pool 14,510,587 Total $ 22,099,406 -continued- -31- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 3. DETAILED NOTES ON ALL FUNDS (continued) C. Capital Assets Capital asset activity for the year ended September 30, 2007 was as follows: Governmental activities: Land Building & improvements Equipment Construction -in -progress Totals at historical cost Less accumulated depreciation Governmental activities capital assets, net Business -type activities: Land Building and system Equipment Totals at historical cost Less accumulated depreciation Business -type activities capital assets, net Beginning Ending Balance Additions Retirements Balance $ 27,249 2,005,400 2,032,649 2,132,213 2,132,213 1,662,587 80,541 1,743,128 6,025,227 6,025,227 3,822,049 8,111,168 11,933,217 (928,012) (253,380) (1,181,392) $ 2,894,037 7,857,788 10JM 825 Beginning Ending Balance Additions Retirements Balance $ 5,000 10,398,370 834,855 295,447 71,774 10,698,817 906,629 (1,318,513) (284,291) $ 9,380,304 622,338 5,000 11,233,225 5 360 361,861 (5,360) 11,600,086 5,360 (1,597,444) 10,002,642 Depreciation expense was charged to functions/programs of the primary government as follows: Government activities: General government $ 7,614 Police 48,008 Fire 149,010 Parks and recreation 31,511 Streets 16,483 Inspections 754 Total depreciation expense - government activities $ 253,380 Business -type activities: Water and sewer $ 284,291 Total depreciation expense - business -type activities $ 284,291 -continued- -33- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 3. DETAILED NOTES ON ALL FUNDS (continued) F. Long-term Debt (continued) 2001 Certificates of Obligation (67% debt service fund por- tion) issued October 25, 2001 maturing August 15, 2003 to August 15, 2021. Interest payable February 15 and August 15 at rates ranging from 4.15% to 5.00%. $ 1,380,200 2004 Certificates of Obligation (38% debt service fund por- tion) issued March 11, 2004 maturing August 15, 2007 to August 15, 2024. Interest payable February 15 and August 15 at rates ranging from 4.00% to 4.50%. 3,944,100 2006 Certificates of Obligation (48% debt service fund por- tion) issued September 21, 2006 maturing August 15, 2007 to August 15, 2026. Interest payable February 15 and Au- gust 15 at rates ranging from 4.00% to 4.50%. 508,800 2003 Tax Anticipation Notes issued March 18, 2003 maturing March 1, 2004 to March 1, 2008 with interest at 5.00%. 71,492 Combined Debt $ 11,064,592 The annual requirements to amortize the combined debt outstanding for the debt service fund as of September 30, 2007, are as follows: 2001 Certificates of Obligation Year Ending September 30, Principal Interest Total 2008 $ 73,700 63,668 137,368 2009 73,700 60,536 134,236 2010 77,050 57,404 134,454 2011 80,400 54,206 134,606 2012 83,750 50,870 134,620 2013 90,450 47,310 137,760 2014 93,800 43,376 137,176 2015 97,150 39,155 136,305 2016 103,850 34,686 138,536 2017 110,550 29,805 140,355 2018 113,900 24,499 138,399 2019 120,600 18,974 139,574 2020 127,300 13,065 140,365 2021 134,000 6,700 140,700 Total $ 1,380,200 544,254 1,924,454 -continued- -35- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 3. DETAILED NOTES ON ALL FUNDS (continued) F. Long-term Debt (continued) 2006 Certificates of Obligation (continued) Year Ending September 30, Principal Interest 2024 $ 398,400 55,762 2025 415,200 38,232 2026 434,400 19,548 Total $ 5,668,800 2,816,757 2003 Tax Anticipation Notes Total 454,162 453,432 453,948 8,485,557 Year Ending September 30, Principal Interest Total 2008 $ 71,492 3,574 75,066 Total $ 71,492 3,574 75,066 During the year ended September 30, 2007, the following changes occurred in long-term debt reported in the Water and Sewer Fund: Beginning Ending Due Within Balance Additions Retirements Balance One Year Business -type activities: Compensated absences $ 3,568 16,131 19,699 19,699 Certificates of Obligation 14,581,450 (309,550) 14,271,900 458,400 Totals $ 14,585,018 16,131 30( 9,550) 14,291,599 478,099 Certificates of obligation at September 30, 2007, are comprised of the following individual issues for the Water and Sewer Fund: 1996 Certificates of Obligation maturing January 15, 1997 to January 15, 2016. Interest payable January 15 and July 15 at rates ranging from 4.45% to 6.45% $ 500,000 1998 Certificates of Obligation maturing July 15, 1999 through July 15, 2016. Interest payable January 15 and July 15 at rates ranging from 3.15% to 4.55%. $ 550,000 -continued- -37- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 3. DETAILED NOTES ON ALL FUNDS (continued) F. Long-term Debt (continued) 1998 Certificates of Obligation (continued) Year Ending September 30, Principal Interest Total 2015 $ 55,000 10,410 65,410 2016 55,000 7,935 62,935 2017 60,000 5,460 65,460 2018 60,000 2,730 62,730 Total $ 550,000 157,127 707,127 2001 Certificates of Obligation Year Ending September 30, Principal Interest Total 2008 $ 36,300 31,359 67,659 2009 36,300 29,816 66,116 2010 37,950 28,274 66,224 2011 39,600 26,699 66,299 2012 41,250 25,055 66,305 2013 44,550 23,302 67,852 2014 46,200 21,364 67,564 2015 47,850 19,285 67,135 2016 51,150 17,084 68,234 2017 54,450 14,680 69,130 2018 56,100 12,066 68,166 2019 59,400 9,346 68,746 2020 62,700 6,435 69,135 2021 66,000 3,300 69,300 Total $ 679,800 268,065 947,865 2004 Certificates of Obligation Year Ending September 30, Principal Interest Total 2008 $ 251,100 268,460 519,560 2009 282,100 258,416 540,516 2010 294,500 247,132 541,632 2011 303,800 235,352 539,152 2012 316,200 223,200 539,400 2013 328,600 210,552 539,152 2014 341,000 197,408 538,408 2015 353,400 183,768 537,168 2016 368,900 169,632 538,532 2017 384,400 154,415 538,815 2018 399,900 138,078 537,978 2019 415,400 121,082 536,482 2020 $ 434,000 103,428 537,428 -continued- -39- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 3. DETAILED NOTES ON ALL FUNDS (continued) G. Restricted Assets The balances of the restricted asset accounts in the enterprise funds are as follows: Customer deposits $ 27,000 Accrued interest 82,608 Revenue bond reserve requirements 39,110 Current bonds payable 458,400 Total restricted assets $ 607,118 NOTE 4. OTHER INFORMATION A. Risk Management The government is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The government is a participant in the Texas Municipal League Workers' Compensation Joint Insurance Fund (WC Fund) and the Texas Municipal League Joint Self -Insurance Fund (Property -Liability Fund), a public entity risk pool operated by the Texas Municipal League Board for the benefit of 1,821 individual governmental units located with Texas. The govern- ment pays an annual premium to the Funds for its workers' compensation and property and liability insurance coverage. The WC Fund and Property -Liability Fund are considered self- sustaining risk pools that provide coverage for its members for up to $2,000,000 per insured event. There were no significant reduction in insurance coverage from the previous year. Settled claims for risks have not exceeded insurance coverage for the past three years. B. Retirement System Plan Description The Town provides pension benefits for all of its full-time employees through a non-traditional, joint contributory, hybrid defined benefit plan in the state-wide Texas Municipal Retirement System (TMRS), one of 821 administered by TMRS, an agent multiple -employer public employee retirement system. Each of the 821 municipalities have an annual, individual actuarial valua- tion performed. All assumptions for the December 31, 2006 valuations are contained in the 2006 TMRS Comprehensive Annual Report, a copy of which may be obtained by writing to P. O. Box 149153, Austin, Texas 78714-9153. Benefits depend upon the sum of the employee's contributions to the plan, with interest, and the Town -financed monetary credits, with interest. At the date the plan began, the Town granted monetary credits for service rendered before the plan began of a theoretical amount equal to two times what would have been contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for service since the plan began are a percent of the employees accumulated contributions. In addition, the Town can grant, as often as annually, another type of monetary credit referred to as an updated service credit which is theoretical amount which, when added to the employee's accumulated contributions and the monetary credits for service since the plan began, would be the total monetary credits and employee contributions accumu- lated with interest if the current employee contribution rate and Town matching percent had -continued- -41- TOWN OF PROSPER Notes to Financial Statements September 30, 2007 -continued- NOTE 4. OTHER INFORMATION (continued) B. Retirement System (continued) Annual Pension Cost (continued) Schedule of Funding Progress for TMRS U.A.A.L. as a Actuarial Actuarial Unfunded Percentage Actuarial Value of Accrued AAL Funded Covered of Covered Valuation Assets Liability (UAAL) Ratio Payroll Payroll Date (a) (AAL)(b) (b)-(a) (a)/(b) (c) f(b)-(a)/(c)1 12/31/04 $ 379,137 395,584 16,447 95.8% $ 1,058,968 1.6 % 12/31/05 $ 566,259 605,249 38,990 93.6% $ 1,437,487 2.7 % 12/31/06 $ 838,979 927,275 88,296 90.5% $ 1,873,454 4.7 % NOTE 5. RESTATEMENT OF BEGINNING FUND BALANCES/NET ASSETS Certain fund balances and net assets as of September 30, 2006 have been restated as follows: General Fund Fund Balance Previously reported at 09/30/06 $ 2,929,019 Equity transfer (334,786) Understatement of prior year accruals (108, 968) Proprietary Other Fund/ Governmental Governmental Business Type Funds Activities Activities Fund Balance Net Assets Net Assets 1,826,079 6,510,512 6,651,632 334,786 $ 2,485,265 2JW865 10( 8,968) 3( 3,861) 6,401,544 6,617,771 -43- COMBINING AND INDIVIDUAL FUND STATEMENTS M'til TOWN OF PROSPER Combining Statement of Revenues, Expenditures, and Changes in Fund Balances - Nonmajor Governmental Funds For the Year Ended September 30, 2007 REVENUES Impact fees Park fees Investment income Contributions Escrow income Court Fees Total revenues EXPENDITURES5 General government Police department Fire department Parks expenditures Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING SOURCES (USES): Transfers out for capital assets Total other financing sources (uses) Net change in fund balances Fund balances, beginning Fund balances, ending Parks & Impact Recreation Fees $ 1,853,098 680,188 17,160 108,365 697,348 1,961,463 32,770 146,940 32,770 146,940 664,578 1,814,523 (679,392) (679,392) 664,578 1,135,131 416,498 1,401,989 $ 1081.076 2,537,120 Donations Total 1,853,098 680,188 6 125,531 44,845 44,845 349,247 349,247 4,590 4,590 398,688 3,057,499 14,777 14,777 9,778 9,778 44,490 44,490 32,770 146,940 69,045 248,755 329,643 2,808,744 (679,392) (679,392) 329,643 2,129,352 342,378 2,160,865 672,021 4,290,217 -47- SUPPLEMENTAL SCHEDULES -49- Communications Court Parks 6,905 110,602 124,820 48,023 6,796 26,259 29,249 92,469 Inspections Planning Engineering Total 402,110 481,025 595,911 1,119,281 1,816,124 49,338 41,785 2,254,512 68,654 85,535 4,131,717 177,652 115,968 3,646,571 294,692 158,413 3,868,053 418,254 189,059 1,494 12,823,424 -51- Impact Grant Fees Income Total 403,840 588,986 944,801 1,418,007 1,702,642 52,513 93,248 2,180,132 645,070 111,250 3,730,153 810,792 275,539 6,098,998 1,237,556 33,089 7,266,930 1,853,098 500,000 10,481,096 -53- Ratio of Ratio to Total Tax Outstanding Delinquent Collections to Delinquent Taxes to Total Tax Lew Taxes Total Tax Lew 99.56% $ 8,559 4.86% 99.97% 7,912 3.51% 99.13% 11,945 4.07% 100.02% 10,084 2.44% 100.05% 34,589 6.06% 102.21% 22,014 3.17% 99.19% 19,600 2.28% 99.60% 21,025 1.35% 99.38% 33,010 1.98% 100.83% $ 59,604 2.04% -55- TOWN OF PROSPER Rate of Annual Debt Service Expenditures For General Obligation Bonded Debt to Total General Governmental Expenditures Last Ten Fiscal Years Ratio of Total Debt Service Total General To General Fiscal Interest and Debt Governmental Governmental Year Principal Fiscal Charges Service Expenditures Expenditures 1998 $ 23,000 3,760 26,760 402,110 6.65% 1999 23,000 2,341 25,341 481,025 5.27 2000 15,000 2,162 17,162 595,911 2.89 2001 -NONE- 2002 71,247 71,247 1,816,124 3.92 2003 79,903 87,829 167,732 2,254,512 7.44 2004 180,904 104,393 285,297 4,131,717 6.91 2005 168,548 332,663 501,211 3,646,571 13.74 2006 177,357 253,078 430,435 3,868,053 11.13 2007 $ 385,626 492,543 878,169 12,828,662 6.85% -57• (a) (1) Net Assets Available Fiscal for Year Benefits 1998 $ 85 1999 96 2000 123 2001 156 2002 161 2003 223 2004 266 2005 379 2006 566 2007 $ 839 TOWN OF PROSPER Texas Municipal Retirement System Required Supplementary Information Analysis of Funding Progress (in thousands of dollars) (b) (c) Pension Percentage Benefit Funded Obligation (a)/(b) 98 87% 112 86% 139 88% 176 93% 132 122% 178 125% 232 115% 395 96% 605 94% 927 91% (d) Unfunded (f) Pension (e) Unfunded Pension Benefit Annual Benefit Obligation Obligation Covered as a % of Covered (b)-(a) Payroll Payroll (d)/(e) $ 13 73 18% 14 124 13% 16 147 11% 20 229 9% (29) 404 (7)% (45) 560 (8)% (34) 882 (4)% 16 1,059 2% 39 1,437 3% $ 88 1,873 5% 56-611 PROSPER ECONOMIC DEVELOPMENT CORPORATION FINANCIAL STATEMENTS (With Auditor's Report Thereon) September 30, 2007 PROSPER ECONOMIC DEVELOPMENT CORPORATION Annual Financial Report For the Fiscal Year Ended September 30, 2007 TABLE OF CONTENTS Page FINANCIAL SECTION Independent Auditor's Report ..................................................... 1 Management's Discussion and Analysis ............................................. 3 Basic Financial Statements: Government - Wide Financial Statements: Statement of Net Assets ..................................................... 8 Statement of Activities...................................................... 9 Fund Financial Statements: Balance Sheet - Governmental Funds .......................................... 10 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds11 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities..................................................... 12 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund ................................. 13 Notes to Financial Statements.................................................... 14 i FINANCIAL SECTION PINGLETON, HOWARD & COMPANY, P. C. CERTIFIED PUBLIC ACCOUNTANTS P. O. BOX 148 FRISCO, TEXAS 75034 972-335-9754/FAX 972-335-9758 TOM W. PINGLETON, CPA MEMBERS RANDY HOWARD, CPA MEMBERS INSTITUTE OF CPAs R. WAYNE NABORS, CPA AICPA DIVISION FOR CPA FIRMS ROBIN J. TURNBULL, CPA WHITNEY YOUNTS, CPA TEXAS SOCIETY OF CPAs INDEPENDENT AUDITOR'S REPORT To the Board of Directors Prosper Economic Development Corporation Prosper, Texas We have audited the accompanying basic financial statements of the Prosper Economic Development Corporation, a component unit of the Town of Prosper, Texas, as of and for the year ended September 30, 2007. These financial statements are the responsibility of the Prosper Economic Development Corporation's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Prosper Economic Development Corporation as of September 30, 2007, and the changes in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States of America. Management's discussion and analysis on pages 3 through 5 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. 7// 4'1 December 5, 2007 / -I- MANAGEMENT'S DISCUSSION AND ANALYSIS This section of the Prosper County Economic Development Corporation annual financial report presents our discussion and analysis of the Entity's financial performance during the fiscal year ended September 30, 2007. Please read it in conjunction with the Entity's financial statements, which follow this section. FINANCIAL HIGHLIGHTS • The assets of the Corporation exceeded its liabilities at September 30, 2007 by $1,405,501. • The Corporation's total net assets increased by $292,844. • The Corporation had a favorable $91,821 budget variance. Actual expenditures were $148,675 less than budgeted. OVERVIEW OF THE FINANCIAL STATEMENTS This annual report consists of a series of financial statements. The government -wide financial statements include the Statement of Net Assets and the Statement of Activities. These provide information about the activities of the Entity as a whole and present a longer -term view of the Entity's property and debt obligations and other financial matters. They reflect the flow of total economic resources in a manner similar to the financial reports of a business enterprise. Fund financial statements report the Entity's operations in more detail than the government -wide statements by providing information about the Entity's most significant funds. For governmental activities, these statements tell how services were financed in the short term as well as what resources remain for future spending. They reflect the flow of current financial resources, and supply the basis for the appropriations budget. The notes to the financial statements provide narrative explanations or additional data needed for full disclosure in the government -wide statements or the fund financial statements. REPORTS THE ENTITY AS A WHOLE Government -wide Statements: The Statement of Net Assets and the Statement of Activities The government -wide statements report information about the Entity as a whole using accounting methods similar to those used by private -sector companies. The Statement of Net Assets includes all of the government's assets and liabilities. The Statement of Activities accounts for all of the current period's revenues and expenses. The two government -wide statements report the Entity's net assets and how they have changed. Net assets, the difference between the Entity's assets and liabilities, is one way to measure the Entity's financial health or position. • Over time, increases or decreases in the Entity's net assets are an indicator of whether its financial health is improving or deteriorating, respectively, To assess the overall health of the Entity, consider additional non -financial factors such as changes in the Entity's revenue base. -3- ECONOMIC FACTORS AND NEXT YEAR'S BUDGET The EDC enters the year in solid financial shape with $1.4 million in net assets available for future use. One area that will require monitoring in fiscal year 2007-2008 is the collection of sales taxes. While tax collections remain strong, particularly in comparison to prior fiscal years, the amounts collected during the fiscal year 2006-2007 are down 20% when compared to the preceding year. Future plans for extraordinary expenditures will factor that decline into the decision -making process. Cross Development 380 Agreement to be paid mid 2008 $ 325,000 Town of Prosper - Cross Development Walnut Grove Cemetery easement $ 8,250 170 Preston Road, Suite 50 lease REQUESTS FOR INFORMATION $ 26,000.yr. This financial report is designed to provide a general overview of the Prosper Economic Development Corporation's finances for all those with an interest in the entity's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to Prosper Economic Development Corporation, P. O. Box 307, Prosper, Texas 75078. -5- BASIC FINANCIAL STATEMENTS -7- PROSPER ECONOMIC DEVELOPMENT CORPORATION Statement of Activities For the Fiscal Year Ended September 30, 2007 Functions/Programs Primary government: Governmental activities: Economic development expenses Total governmental activities General revenues: Sales taxes Interest Other Total general revenues Change in net assets Net assets - beginning (as restated) Net assets - ending Net (Expense) Revenue and Changes in Net Assets Governmental Activities $ (170,302) (170,302) 401,647 61,367 132 463,146 292,844 1,112,657 $ 1,405,501 The notes to the financial statements are an integral part of this financial statement. -9- PROSPER ECONOMIC DEVELOPMENT CORPORATION Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For the Fiscal Year Ended September 30, 2007 REVENUES Taxes Interest Other income Total revenues EXPENDITURES Personnel services Administrative fee Hiring cost Supplies Dues/subscriptions Postage/delivery Publications Promotional Bank charges Printing and reproduction Copier lease/expense Repairs and maintenance Professional services Audit fees IT fees Legal fees Telephone Cell phones Utilities Travel Mileage Training/seminars Total expenditures Net change in fund balances Fund balances, October 1(as restated) Fund balances, September 30 General Fund $ 401,647 61,367 132 463,146 104,208 1,500 1,165 1,269 900 384 784 39,310 27 913 2,668 155 1,000 1,200 1,077 9,572 2,781 883 1,600 1,993 785 2,095 176,269 286,877 1,121,239 $ 1,408,116 The notes to the financial statements are an integral part of this financial statement. -11- PROSPER ECONOMIC DEVELOPMENT CORPORATION Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual General Fund For the Fiscal Year Ended September 30, 2007 Variance With Original and Final Budget Final Budgeted Actual Positive Amounts Amounts (Negative) REVENUES Taxes $ 500,000 401,647 (98,353) Interest 20,000 61,367 41,367 Other income 132 132 Total revenues 520,000 463,146 (56,854) EXPENDITURES Personnel services 132,357 104,208 28,149 Administrative fee 1,500 1,500 Contract labor 1,300 1,300 Hiring cost 117 1,165 (1,048) Records retention 200 200 Supplies 4,000 1,269 2,731 Equipment 3,200 3,200 Dues/subscriptions 1,825 900 925 Postage/delivery 1,500 384 1,116 Publications 425 784 (359) Advertising 300 300 Promotional 50,000 39,310 10,690 Bank charges 200 27 173 Printing and reproduction 1,200 913 287 Rental 75 75 Copier lease/expense 4,000 2,668 1,332 Repairs and maintenance 1,000 155 845 Professional services 30,000 1,000 29,000 Audit fees 500 1,200 (700) Engineering fees 10,000 10,000 IT fees 500 1,077 (577) Legal fees 8,400 9,572 (1,172) Legal notices 700 700 Telephone 3,300 2,781 519 Cell phones 900 883 17 Utilities 2,900 1,600 1,300 Travel 5,500 1,993 3,507 Mileage 5,045 785 4,260 Training/seminars 4,000 2,095 1,905 Leverage fund principal 50,000 50,000 Total expenditures 324,944 176,269 148,675 Net change in fund balances 195,056 286,877 91,821 Fund balances, October 1(as restated) 1,121,239 1,121,239 Fund balances, September 30 $ 1,316,295 1408,116 91,821 The notes to the financial statements are an integral part of this statement. -13- PROSPER ECONOMIC DEVELOPMENT CORPORATION Notes to Financial Statement September 30, 2007 -continued- (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (continued) Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. With this measurement focus, only current assets, current liabilities and fund balances are included on the balance sheet. Operating statements of these funds present net increases and decreases in current assets (i.e., revenues and other financing sources and expenditures and other financing uses). The modified accrual basis of accounting recognizes revenues in the accounting period in which they become both measurable and available, and it recognizes expenditures in the accounting period in which the fund liability is incurred, if measurable, except for unma- tured interest and principal on long-term debt, which is recognized when due. The expendi- tures related to certain compensated absences and claims and judgements are recognized when the obligations are expected to be liquidated with expendable available financial resources. The Corporation considers all revenues available if they are collectible within 60 days after year end. Property taxes, licenses, and interest associated with the current fiscal period are recognized under the susceptible to accrual concept, that is, when they are both measurable and available. The Corporation considers them "available" ifthey will be collected within 60 days of the end of the fiscal year. Miscellaneous revenues are recorded as revenue when received in cash because they are generally not measurable until actually received. Investment earnings are recorded as earned, since they are both measurable and available. D. Fund Accounting The Corporation reports the following major governmental funds: General Fund - The general fund is the Corporation's primary operating fund. It accounts for all financial resources. E. Budgets Budgets are adopted for the general fund on a basis consistent with accounting principles generally accepted in the United States ofAmerica. All annual appropriations lapse at fiscal year end. F. Assets, Liabilities, and Net Assets or Equity 1. Deposits and Investments The Corporation's cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments with original maturities of three months or less from the date of acquisition, and government money market accounts. Other short-term investments are included in investments. Investments are stated at cost or amortized cost. -continued- -15- PROSPER ECONOMIC DEVELOPMENT CORPORATION Notes to Financial Statement September 30, 2007 -continued- (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) F. Assets, Liabilities, and Net Assets or Equity (continued) 5. Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance repre- sent tentative management plans that are subject to change. (2) DETAILED NOTES ON ALL FUNDS A. Deposits and Investments The Town of Prosper's Charter requires that all monies be deposited with the authorized Town depository and all deposits are to be insured or collateralized by U.S. Government Securities. The Town Charter does not authorize any investments other than in interest bearing accounts and certificates of deposit at the Town depository. All such deposits are to be insured or collateralized by U.S. Government Securities, or invested in U.S. Govern- ment Securities. The Economic Development Corporation may invest in obligations of the U.S. Treasury or the State of Texas, certain U.S. agencies, certificates of deposit, money market savings accounts, certain municipal securities, repurchase agreements, common .trust funds and other investments specifically allowed by the Public Funds Investment Act of 1987 (Article 842a-2 Vernon's Civil Statutes). _At September 30, 2007, the Corporation's carrying amount of deposits was $78,751 and the bank balance of the Corporation's deposits was $78,751. Of the bank balance, $78,751 was secured by federal depository insurance. In compliance with the Public Funds Investment Act, the Corporation has adopted a deposit and investment policy. That policy addresses the following risks: a. Custodial Credit Risk - Deposits: In the case of deposits this is the risk that, in the event of a bank failure, the Corporation's deposits may not be returned to it. The Corporation's policy regarding types of deposits allowed and collateral requirements is: the Depository may be a state bank authorized and regulated under Texas law; a national bank, savings and loan association, or savings bank authorized and regulated by federal law; or a savings and loan association or savings bank organized under Texas law; but shall not be any bank the deposits of which are not insured by the Federal Deposit Insurance Corporation (FDIC). The Corporation is not exposed to custodial credit risk for its deposits, as all are covered by depository insurance. b. Custodial Credit Risk - Investments: For an investment, this is the risk that, in the event of the failure of the counterparty, the Corporation will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The Corporation investments are with the Texas Local Government Invest- ment Pool ("TexPooM, and the TexStar Investment Pool ("TexStar'�. The pools are -continued- -17- PROSPER ECONOAHC DEVELOPMENT CORPORATION Notes to Financial Statement September 30, 2007 -continued- (2) DETAILED NOTES ON ALL FUNDS (continued) C. 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O. m00 c Y Y C C m m 0) 01 x X C C � O O N v y d 0)) U. ID c LL �(('o a aE E c c c 41 LL E 0 0) 0 Ia 0. U. `m Y al cCC N �m EmH IL Y Y Y Y C C C C m m m m 0) O 0) 0) 0) 0) 0) p r 00)) aai aCLi 0.a CO aai C C C H H00 0 C O 000(0O0 v 00000 � O Y C C C N LL U. C CmmU 1 3 S3mm� C O V O > N O (0 'AmN �0N� W N Cc, O O O A.0 C C X X y - m m FTI� W Wl V M n O O (O IT N M I,zIV m Y m 0) U O O ca p x X a99 coso N OD 0 O 0 0 W n O d 0 eU 01 0 z Ew �: c o V 0 CID =UU W Q C W W Q �O ~ 00 p Y 0— G y m l0) la) W U O W 00 o: W a y 2 o. U. O 3 0 Q 0 H IOSPER WN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — January 22, 2008 Date: January 18, 2008 Agenda Item: Consider and act upon a letter of agreement with RW Beck for the Town of Prosper Water and Wastewater Utility Business Plan Description of Agenda Item: The creation of a Utility Business plan is critical to the fiscal stability of the water and wastewater systems. Since the Town is served by the North Texas Municipal Water District for water and sewer service and the Upper Trinity Regional Water District for sewer service, with differing rate structures, and the continued expansion of the system, it is important that a holistic business plan be developed and accepted by the Council. When it comes to these utility systems, the Council truly functions as a Board of Directors. This business plan will guide both the Council and staff in running the operations in a fiscally sound manner. RW Beck will bring together all studies, impact fee analysis, capital improvement plans, growth projections, historic operating and maintenance costs, replacement and repair history, existing development agreements and other pertinent information to develop a comprehensive business plan for the systems. The key element of the plan is the development of a current and pro forma financial model analyzing the performance of the utility system over a five year planning horizon. The business plan is not the same as a rate study though through the financial modeling an analysis of the current rate structure is made and compared to what the rates need to be to support the system. In addition to the practical application of the business plan's recommendations, the plan once accepted and implemented is a significant positive for the Town in its dealings with rating agencies when the Town is securing financing for various projects, not just utility projects. The project is expected to be complete by this summer, in time for incorporation of its recommendations into the 2008-2009 budget process. I have reviewed the proposal with members of the Town Council's Utility Committee consisting of Kevin Drown and Kenneth Dugger. Both members have expressed their support of the project. Agenda Item No] 3 - Page 1 of 2 Budoet Impact: The not to exceed cost for the project is $25,500. Funding will be through the Utility Fund's Professional Fees. Legal Oblisiations and Review: No Legal review is necessary. Attached Documents: 1. A resolution authorizing the Town Manager to execute a letter of agreement between the Town of Prosper and RW Beck. 2. RW Beck Letter of Agreement and Proposal. Town Staff Recommendation: Town staff recommends that the Town Council approve a letter of agreement and adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. _ - Page 2 of 2 December 19, 2007 Mr. Mike Land Town Manager Town of Prosper, Texas Via E-mail 121 W. Broadway Prosper, Texas 75078 Dear Mr. Land: R.W. Beck, Inc. is pleased to have this opportunity to propose our assistance to the Town of Prosper to develop a Water and Wastewater Utility Business Plan. R.W. Beck has a long history of assisting municipal water and wastewater utilities in the State of Texas, and we look forward to assisting the Town of Prosper in this engagement. The development of a business plan is an essential step for municipal utilities as they strive to maintain regulatory compliance and prepare for the demands that future customers will place on their systems, while also meeting or exceeding current customer expectations and service demands. R.W. Beck applauds you and your Town Council for taking proactive action in undertaking this planning effort. Project Understanding Based upon our conversations, it is our understanding that the Town desires R.W. Beck to develop a dynamic planning document for the Town's water and wastewater systems. Specifically, the Business Plan will serve as a high-level examination and evaluation of the fundamental resources needed to efficiently manage and operate the water and wastewater utility at the desired service level. In developing the plan, the Project Team will incorporate the infrastructure asset planning that has, or will soon be completed by Freese and Nichols, Inc. Work Plan At its most basic, a business plan is a document which states the goals and objectives of the organization and the method by which those goals and objectives will be achieved. These goals and objectives are then broken down into action items and recommendations which are meant to guide management decision making and operations. For example, one of the utility's goals should be to maintain compliance with Texas Commission on Environmental Quality (TCEQ) regulations. To that end, as growth is experienced, additional infrastructure will need to be put into place to meet the growing service demands. The business plan will assist the utility in identifying what additional infrastructure is needed and the potential timing of installation based upon anticipated growth. Of key importance to a business planning effort is a financial element which brings together the plan's components and determines the fiscal resources needed to meet the stated goals and objectives. The financial element projects anticipated revenues, along with the funds needed to maintain daily operations and maintenance and to fund capital improvements. The financial element may also contain appropriate financial metrics to assist the utility in monitoring financial performance. 1300 East Lookout Drive, Suite 145 Richardson, Texas 75082 Phone (972) 994-0300 Fax (972) 994-0301 Mr. Mike Land December 19, 2007 Page 2 It should also be noted that a business plan is a dynamic planning document that is used to establish a responsible, fiscal plan and to guide management decision -making and action. A properly prepared business plan is not just another report to be filed. Instead, a business plan is a tool which, with proper use, can assist the utility in preparing today for the needs of tomorrow. In developing the Water and Wastewater Utility Business Plan, the Project Team proposes the following work tasks: Task 1— Initiation of Data Request To begin the engagement, the Project Team will develop an initial data request that we will need to adequately begin to develop the Water and Wastewater Utility Business Plan. This data will include, but is not limited to, operating, financial, management, policy, and ordinance data. We will issue the initial data request approximately two to three days after receiving notice to proceed on the project. Task 2 — Project Kick-off Meeting After receiving the information requested, we will review it and then work with the Town to schedule a kick-off meeting. The primary reason for the kick-off meeting is to allow the key Project Team consultants and participants from the Town to be introduced and lay the general framework for how the study will be conducted. This meeting will allow for the finalization of the proposed work approach, as well as discuss and clarify the information requested in Task 1. Kick-off Meeting Objectives • Introduce R.W. Beck team to Town Staff • Outline roles, duties, and responsibilities of Project Team members • Match Project Team members with appropriate Town designee(s) • Establish lines of communication • Document the Town's expectations • Finalize the project approach to meet the Town's expectations • Discuss the status of outstanding data requests It is our experience that the Project Kick-off meeting is critical in achieving successful results in any project. These meetings not only assist R.W. Beck in accurately assessing procedures, processes, politics, and policies, but also provide an opportunity to attain "buy -in" and input from Town personnel. Task 3 — Interviews with Key Stakeholders So as to understand the issues facing the water and wastewater utility, the Project Team will interview key utility stakeholders as identified at the Project Kick-off Meeting. These interviews will consist of an informal conversation in which the Project Team will visit with each stakeholder regarding their role with the utility, the goals and objectives they would identify for the utility, and the major issues which, in their opinion, are or may impact utility performance. The proposed price for this engagement anticipates three (3) such interviews being conducted on one (1) day. Should the Town desire that additional stakeholders be interviewed, or should the 1300 East Lookout Drive, Suite 145 Richardson, Texas 75082 Phone (972) 994-0300 Fax (972) 994-0301 Mr. Mike Land December 19, 2007 Page 3 interviews need to be conducted on multiple days, this additional effort will be provided at our standard billing rates enclosed herein. Task 4 — Development of Business Plan After conducting the interviews, the Project Team will synthesize the information provided by the Town and garnered from the interviews into a seamless document which will: • Identify the goals and objectives of the utility; • Analyze and discuss the current situation in which the utility operates; • Identify and discuss the major issues facing the utility; • Analyze the current and pro forma financial performance of the utility over a five-year planning horizon. Task 5 — Develop Recommendations Once the foundation of the Business Plan has been prepared in Task 4, R.W. Beck's Project Team will develop recommendations to assist the utility in applying the Business Plan. These recommendations will be based upon the Project Team's experience in assisting utilities similar to the Town of Prosper and will recognize the unique circumstances facing the Town's utility system. Each recommendation will reference a particular issue facing the utility and clear and concise action steps will be developed to assist the utility in addressing each issue. Task 6 — Develop Timeline for Implementation Once the Project Team has developed recommendations to assist the Town in implementing the Business Plan, a timeline for implementation of the Project Team's recommendations will be developed. These recommendations will be based upon a five-year planning horizon and the impacts of implementation will also be included within the pro forma financial projections. Task 7 — Draft Report Preparation and Presentation At the conclusion of the engagement, the Project Team will develop a draft Business Plan inclusive of the Project Team's recommendations and implementation timeline. R.W. Beck is committed to ensuring that the Town thoroughly understands the recommendations in the draft plan and will be available to discuss findings, answer questions, and receive input. The Project Team will present the findings to Town Staff and ensure that these individuals have enough time to address their concerns and/or questions. Task 8 — Final Report Preparation and Presentation Upon receipt of Town Staff recommendations and comments, the Project Team will make appropriate changes and provide the Town with the final report. After completion of the final report, the Project Team will formally present and discuss the Business Plan with the Town Council. It is our experience that the development of a business plan for a municipal utility can generate significant interest with the City or Town's elected officials. Therefore, while the proposed price for this engagement includes one (1) presentation to the Town Council, we will be available to 1300 East Lookout Drive, Suite 145 Richardson, Texas 75082 Phone (972) 994-0300 Fax (972) 994-0301 Mr. Mike Land December 19, 2007 Page 4 make additional presentations or hold additional meetings with the Town Council so that they thoroughly understand the Business Plan and the recommendations contained therein. If additional meetings are requested, they will be provided at our standard billing rates enclosed herein. Deliverables • Draft Report Presented within 90-120 days of notification of award, given the timely receipt of the required data from the Town. An electronic copy of the draft Water and Wastewater Utility Business Plan will be provided for the Town Staff s review and comment. • Final Report Twelve (12) bound copies and one electronic copy will be provided to the Town within two weeks after delivery of the draft plan, given the timely receipt of the Town's comments. Additionally, the Project Team will make one formal presentation of the Final Business Plan to the Town Council. Meetings and Interviews Our proposed project price reflects a total of four (4) on -site meetings and/or presentations, which is inclusive of the stakeholder interviews and Town Council presentation. Additional on -site meetings or interviews will be provided at time and expense. Proposed Proiect Team Mr. Jack Stowe, a Senior Director with R.W. Beck, will serve as the Project Manager for this engagement and be responsible for the overall successful completion of the project. Mr. Stowe has in excess of thirty (30) years experience in business and management consulting for water and wastewater utilities. Because of his experience, Mr. Stowe has earned the reputation as one of the foremost water and wastewater industry consultants practicing today. He is often called upon to address water and wastewater industry professionals through conferences and workshops. Mr. Stowe has also participated in the long range planning for the State of Texas' water needs at the request of the Texas Water Development Board. Mr. Stowe's career is highlighted not only by his reputation as an expert witness, addressing major water issues before regulatory agencies and civil courts, but also by his contributions to the development and implementation of sound recommendations that enhance both the efficiency and effectiveness of water service providers. This work includes organizational and operational analyses for cities such as Denton, Waco, and Weatherford, Texas, regionalization through consolidation for central and north Texas municipalities, and negotiations of outsourcing maintenance contracts for alternative water sources and delivery systems For this engagement, Mr. Stowe will be assisted by Mr. Darrell Cline and Mr. Chris Ekrut. Mr. Cline, MBA, MPA, a Senior Consultant with R.W. Beck, will serve as the Technical Advisor for this engagement, providing a third party review of the technical analysis to ensure the development of a high -quality and accurate work product. Mr. Cline will also be responsible for 1300 East Lookout Drive, Suite 145 Richardson, Texas 75082 Phone (972) 994-0300 Fax (972) 994-0301 Mr. Mike Land December 19, 2007 Page 5 reviewing the recommendations proffered within the Business Plan to ensure that such recommendations adequately address the issues facing the utility and represent feasible solutions that can be implemented by the utility. Mr. Cline has in excess of nine (9) years experience in providing management and business consulting services to water and wastewater utilities. During his consulting career, Mr. Cline has provided numerous services to water and wastewater utilities including, but not limited to, cost of service and rate design studies, impact fee development and audits, and management and organizational assessments. During his career, Mr. Cline has also been actively in the privatization efforts of the United States military's utility distribution systems. During these engagements, Mr. Cline served as the lead consultant in the financial and economic analysis of approximately 100 individual utility systems. Mr. Chris Ekrut, MPA, will serve as the primary analyst during this engagement. Mr. Ekrut will be responsible for conducting the necessary technical analysis and assisting Mr. Stowe in conducting the stakeholder interviews. Mr. Ekrut will also serve as the primary point of contact for the Town during this engagement. Mr. Ekrut began his consulting career with R.W. Beck in 2004. His experience to -date includes assistance in the conduct of a variety of water, wastewater, solid waste, natural gas, and electric utility projects. Mr. Ekrut has provided valuations, cost -of -service, rate design, asset assessment, and operational and management assessment studies. In 2005, Mr. Ekrut assisted the City of Gainesville, Texas in developing a comprehensive water and wastewater business plan and updating this same plan to reflect changing service conditions in 2007. Proiect Schedule and Price Proposal R. W. Beck estimates that 90 — 120 days will be required to complete this engagement, dependent upon the receipt of any requested information and comments on the draft plan. R. W. Beck invoices its clients monthly for actual services performed plus out-of-pocket expenses incurred at cost. Payment is due within thirty days of the invoice date. Based upon our understanding of the requested services and the work plan proposed herein, R.W. Beck proposes a not -to -exceed project cost of $25,500, inclusive of all labor and expense charges, for this engagement. Total fees shall not exceed this amount without the written approval of the Town of Prosper. The above price proposal shall remain standing for 90 days from the date of this letter. The following provides our current hourly billing rates that will apply during the course of this engagement. Senior Director $250 Senior Consultant $165 — 185 Consultant $125 —150 Analyst $100 —125 Administrative Staff $40 — 55 We look forward to the opportunity to assist the Town of Prosper, and we thank you for the opportunity. If this letter is in agreement with your understanding of the services to be provided 1300 East Lookout Drive, Suite 145 Richardson, Texas 75082 Phone (972) 994-0300 Fax (972) 994-0301 Mr. Mike Land December 19, 2007 Page 6 and the terms and conditions are acceptable, please execute one copy of this letter and return to our Richardson, Texas office. If you and/or your staff should have any questions regarding this letter and/or require additional information, please contact Jack Stowe or Chris Ekrut at (972) 994-0300. Very Truly Yours ck E. Stowe, Jr. Senior Director R.W. Beck, Inc. Accepted By: Title: Date: 1300 East Lookout Drive, Suite 145 Richardson, Texas 75082 Phone (972) 994-0300 Fax (972) 994-0301 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A LETTER OF AGREEMENT TO CREATE A WATER, WASTEWATER, AND UTILITY BUSINESS PLAN, BETWEEN RW BECK, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a letter of agreement to create a Water, Wastewater, and Utility Business Plan between RW Beck, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22°d day of January, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary ENGINEERING p TOWN S PER To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — January 22, 2008 Date: January 18, 2008 Aaenda Item: Discuss and update Town Council on the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289. Description of Agenda Item: On July 10, 2007, the Preston Lakes Homeowners Association addressed the Town Council on the erosion issues experienced on Grapevine Court and Bridgeport Drive. Since that meeting Town staff and the developer of the Preston 48 Addition development have been working on addressing their concerns as outlined in the timeline below: • July 23, 2007 — Engineering plans for the proposed retaining wall along the south side of the development were submitted to the Town for review. • July 31, 2007 — Town staff and the developer met on site with the retaining wall structural engineer to discuss the proposed revisions to the retaining wall to address existing field conditions. • August 24, 2007 — The original site engineer contacted Town staff to discuss the progress of the revised plans. • September 11, 2007 — Discussion at the Town Council Meeting. • September 12, 2007 — The Town Engineer met with the developer to discuss the plan review comments. • September 17, 2007 — The Town Engineer met with the design engineer, structural engineer and developer again to discuss the plan review comments. • September 25, 2007 — The developer and the Town Engineer met with the affected property owners to address any concerns with the revised plans. • September 25, 2007 — Discussion at the Town Council Meeting. • September 30, 2007 — The developer and the Town Engineer met on -site with the affected homeowners to walk the site, discuss the proposed improvements and address any concerns. • October 9. 2007 — Discussion at the Town Council Meeting. Since the discussion at the October 9, 2007 Town Council Meeting, the developer has completed the construction of the required retaining wall along the southern property line adjacent to the retail building currently under construction, installed new board on board cedar fences along the properties adjacent to the retaining wall and completed installation of the Agenda Item No. 14 - Page 1 of 2 requested inlets on the western property line to alleviate the drainage concerns of the homeowners along Grapevine Court. With the development of the first phase of the mini -warehouse site, the developer will construct the foundation walls necessary to serve as retaining walls on the south side of the development. Once these walls are in place, fill will be brought in, compacted and tested prior to removing and replacing the homeowners fences with new board on board cedar fences. In conjunction with the improvements being installed on the Preston 48 Addition development, Town staff has been coordinating with the Preston Lakes subdivision and the surrounding developments, including Preston 48 Addition, on the effects the erosion has had on the Preston Lakes detention facilities as outlined in the timeline below: • November 5. 2007 — The Town Manager met with the property owners that utilize the Preston Lakes detention facilities to discuss the remediation of the siltation within the detention facility and potential for a long term maintenance agreement between Preston Lakes and the surrounding developments. • November 15, 2007 — The Town Engineer met with a third party engineer to discuss the scope of a study and cost analysis of the remediation and long term participation costs for a maintenance agreement. • November 19. 2007 — The Town Engineer met again with the third party engineer to discuss the study. • December 6. 2007 — Town staff met with the property owners that utilize the Preston Lakes detention facilities to discuss the draft study. • January 15. 2008 — The Town Engineer met with the third party engineer to discuss revisions to the study based on input from the December 6, 2007 meeting. At this time Town staff is planning on holding another meeting in February 2008 to discuss the issues further with the property owners that utilize the Preston Lakes detention facilities to pursue a resolution. Budget Impact: None Legal Obligations and Review: N/A Attached Documents: None Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council discuss and give direction regarding the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289. Agenda Item No. 14 - Page 2 of 2 ENGINEERING To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manger Re: Town Council Meeting — January 22, 2008 Date: January 18, 2008 Agenda Item: Consider and act upon 1) an amendment to the developer's agreement between MF V Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: At the June 12, 2007, Town Council Meeting, the Town Council approved a resolution to enter into an agreement with MF V Chesney 65, LP, for the cost of design and construction of a 12" water line along Custer Road from the northern entrance of Rhea Mills subdivision to Frontier Parkway (FM 1461) and along Frontier Parkway (FM 1461) to the western drive of the Collin Green subdivision. As you may recall on March 27, 2007, Town Council approved a development agreement between the Town of Prosper and the developer of Whitley Place to extend the 20" water line along the north side of Prosper Trail from Wilson Creek to Custer Road (FM 2478) and a 12" water line along the west side of Custer Road (FM 2478) from Prosper Trail to the northern entrance of Rhea Mills subdivision. The construction of these water lines not only create a required water loop for these developments but will transfer service to the residents in this area from the Danville Water Supply Corporation to the Town of Prosper. To date the developers of Christie Farms and Whitley Place have been successful in acquiring the necessary water line easements from the Christie Farms development south to Prosper Trail and the construction of the 20" water line along Prosper Trail and the 12" water line up Custer Road from Prosper Trail to Christie Farms is nearing completion. However, in order to continue the 12" water line north from Christie Farms to Frontier Parkway and along Frontier Parkway to the western drive of the Collin Green subdivision, the developer of Christie Farms must complete the acquisition of the last remaining easements. In anticipation of Christie Farms, Phase 1 and Whitley Place, Phase 1 civil improvements being completed prior to the continuation of the water line north, the Christie Farms, Phase 1 project included extension of a water line through its western boundary connecting to an existing water line in Amberwood Farms. With this water line loop in place, Christie Farms, Phase 1 and Whitley Place, Phase 1 will have the water line loop necessary to move forward with requesting final acceptance. Since the approved agreement requires MF V Chesney 65, LP, to have the water line to the north completed prior to final acceptance of Christie Farms, Phase 1 and the developer has encountered Agenda Item No. 15 - Page 1 of 2 delays acquiring all the necessary easements, the developer has requested to amend the agreement as follows: 1. Receive final acceptance of Christie Farms, Phase 1 upon completion of the water improvements south to Rhea Mills residential development and obtaining the Town's acceptance of the offsite water line being constructed by the Whitley Place Development prior to Town's acceptance of Christie Farms, Phase 1. 2. Completion of the north loop of the water improvements and Town's acceptance of same being extended from "prior to Town's acceptance of Christie Farms, Phase 1" to "prior to the first certificate of occupancy in Christie Farms, Phase 1 or December 31, 2008, whichever comes first". 3. Change the water impact fee credit from ($124,560) to reflect Christie Farms, Phase 1 fees ($77,850) and adding a requirement for the remaining water impact fees ($46,710) to be paid pursuant to the Impact Fee Ordinance. Budget Impact: The estimated cost of designing and constructing the 12" water line along Frontier Parkway and Custer Road is still $376,194 and will be fronted by MF V Chesney 65, LP. In comparison, the future cost of these lines anticipated by the Town's CIP Plan is approximately $613,670. In the approved agreement, the water impact fees generated by the Christie Farms Development, in the amount of $124,560, were to be credited towards the estimated cost and the remaining balance reimbursed by the Town within thirty (30) days of Town's acceptance of the improvements. Per this amendment, the water impact fees generated by the development of Christie Farms, Phase 1, in the amount of $77,850, will be credited towards the estimated cost and the remaining balance reimbursed by the Town within thirty (30) days of Town's acceptance of the improvements. The remaining water impact fees generated by the development will be collected pursuant to the Impact Fee Ordinance. The developer is still in the process of acquiring the remaining easements for the construction of the water line and the approved agreement does obligates the developer to contribute any funds necessary to purchase the easement. If the developer is unsuccessful in obtaining the easements through conventional means, the agreement does contain a provision for condemnation since the water line is a project depicted on the Town's CIP. Legal Obligations and Review: N/A Attached Documents: The following documentation is being provided for review: • Amendment to the Development Agreement • Resolution authorizing the Town Manager to execute the agreement Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve 1) an amendment to the developer's agreement between MF V Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Town Manager to execute the same. Agenda Item No. 15 - Page 2 of 2 After Recording Return To: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms Development) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "First Amendment") is made and entered into as of the _ day of , 20085 by and among among, MF V CHESNEY 65, LP, a Texas limited partnership ("Developer"), and the TOWN OF PROSPER, TEXAS, a Texas home -rule municipality ("Town"); and WITNESSETH: WHEREAS, MF V Chesney 65, LP and Town entered into that certain Development Agreement (the "Development Agreement"), dated June 12, 2007, and filed of record on July 23, 2007 under Clerk's File No. 20070723001010270, Collin County Land Records, whereby MF V Chesney 65, LP was granted certain rights and undertook certain obligations relating to, among other things, that certain property owned, or potentially to be owned in the future, by MF V Chesney 65, LP as described therein (the "Pro a "), which agreement is incorporated herein by reference; and WHEREAS, the Development Agreement and First Amendment are collectively referred to herein as the "Agreement"; and WHEREAS, Exhibit "A" of the Development Agreement describes and defines 64.44 acres of land, more or less, owned by MF V Chesney 65, LP and referred to in the Development Agreement as the "Christie Farms"; and WHEREAS, Developer desires to fulfill its obligation to pay Water Impact Fees (as defined in Paragraph 4 below) as prescribed in Town Ordinance No. 95-01, amended by Ordinance Nos. 96- 17, 01-24, 02-19, 02-57 and 06-91, as they exist or may be hereafter amended (individually and collectively the "Impact Fee Ordinance"); and WHEREAS, subject to the terms and provisions hereof, the parties agree that Developer may fulfill its obligation to pay Water Impact Fees in the manner set forth below. NOW, THEREFORE, in consideration of the premises and the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 1 OF 9 which are hereby acknowledged, MF V Chesney 65, LP and Town hereby agree, and the Developer's Agreement is hereby amended, as follows: ARTICLE I AMENDMENT TO PARAGRAPH 3 Paragraph 3 of the Development Agreement is hereby amended and restated in its entirety as follows: 3. Water Improvements. (a) Developer shall, at its sole cost and expense except as provided in Paragraph 4 below, construct and install a twelve inch (12") PVC waterline: (i) from approximately 3,000 feet west of Collin Green Boulevard along Frontier Parkway to Custer Road continuing southerly along Custer Road to Rhea Mills Circle, as depicted on the Master Water Plan and in the locations generally depicted on Exhibit A2, attached hereto and incorporated herein for all purposes, and (ii) in accordance with engineering plans, specifications and designs approved in writing by Town's engineer, which approval shall not be unreasonably withheld or delayed (the "Water Improvements"). (b) Developer shall bid the construction of the Water Improvements with three (3) qualified contractors and shall provide copies of the bids received for such items to Town within five (5) business days of Developer's receipt of same. Developer shall: (i) execute a contract for the construction of the Water Improvements with the lowest responsible bidder, as mutually and reasonably determined by Town and Developer; (ii) commence, or cause to be commenced, construction of the Water Improvements within seven (7) business days following: (A) the execution of this Agreement and all of the Third Party Water Improvement Easements; and (B) approval of the Water Improvements' engineering plans, specifications and designs by Town's Engineer, which approval shall not be unreasonably withheld or delayed; (iii) construct the Water Improvements in accordance with the Town - approved engineering plans, specifications and designs; and (iv) complete Water Improvements south to Rhea Mills residential development and obtaining the Town's acceptance of same along with Town's acceptance of the offsite water line being constructed by the Whitley Place Development prior to Town's acceptance of Christie Farms, Phase One; and (v) complete the north loop of the Water Improvements and obtain Town's acceptance of same prior to the first certificate of occupancy in Christie Farms, Phase One or December 31, 2008, whichever comes first. (c) Developer represents that the estimated Water Improvements construction costs are Three Hundred Seventy -Six Thousand, One Hundred Ninety -Four and 28/100 Dollars ($376,194.28), as more particularly described in Exhibit D, of the Development Agreement referenced hereto (the "Estimated Construction Costs"). Developer acknowledges and agrees that Town is relying on Developer's engineer's representation and warranty that the Estimated Construction Costs are as described in Exhibit D. Prior to receiving any credit and/or reimbursement described in Paragraph 4 below, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the Water Improvements construction costs have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other evidence reasonably required by Town ("Evidence of Payments)"). FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 2 OF 9 ARTICLE II AMENDMENT TO PARAGRAPH 4 Paragraph 4 of the Development Agreement is hereby amended and restated to read in its entirety as follows: 4. Water Impact Fees/Credit for Water Impact Fees/Reimbursement. (a) Pursuant to the Impact Fee Ordinance, the water impact fees owed on the Christie Farms, Phase One property are Seventy -Seven Thousand, Eight Hundred Fifty and No/100 Dollars ($77,850.00) (the "Christie Farms, Phase One Water Impact Fees"). (b) Subject to Developer fulfilling all of its obligations in this Agreement, Town will credit the Property in the amount of the Christie Farms, Phase One Water Impact Fees (the "Credit"). (c) Because the Estimated Construction Costs exceed the Credit, Town will provide Developer with a reimbursement in the amount of Two Hundred Ninety -Eight Thousand, Three Hundred Forty -Four and 28/100 Dollars ($298,344.28) (the "Reimbursement"). Within thirty (30) days of Developer's completion of the Water Improvements south to Rhea Mills residential development and obtaining of the Town's acceptance of same along with Town's acceptance of the offsite water line being constructed by the Whitley Place Development prior to Town's acceptance of Christie Farms, Phase One and Developer complying with this Agreement (the "Due Date"), including but not limited to, providing the required Evidence of Payment(s), Town will tender the Reimbursement to Developer. If Town fails to tender the Reimbursement by the Due Date, Developer shall provide Town written notice of same (the "Reimbursement Notice"). If Town fails to tender the Reimbursement within fifteen (15) days of its receipt of the Reimbursement Notice, interest will accrue on the Reimbursement at the rate of twelve percent (12%) per annum. (d) Water impact fees owed on all remaining phases of the Christie Farms property shall be paid pursuant to the Impact Fee Ordinance. 4. Incorporation of Development Agreement. This First Amendment shall be and is hereby incorporated into the Development Agreement for all intents and purposes, and except as otherwise stated herein, the terms, provisions, and definitions of the Development Agreement shall apply to this First Amendment. Except where inconsistent with the terms of this First Amendment, the Development Agreement shall control. This First Amendment may not be modified without the written consent of the parties hereto. 5. Ratification of Development Agreement. The Development Agreement is hereby ratified and approved in all respects, except where inconsistent with the terms of this First Amendment. 6. Compliance With Ordinances. Developer, its officers, partners, directors, employees, representatives, agents, successors, assignees, vendors, grantees, and/or trustees, shall be subject to all ordinances of Town, including but not limited to, ordinances relating to construction of all public improvements, whether now existing, hereafter amended or in the future arising. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 3 OF 9 7. Miscellaneous. a. Continuity. This First Amendment shall be a covenant running with the land and shall be binding upon Developer, its officers, partners, directors, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. b. Assignment. This First Amendment may only be assigned in accordance with Subparagraph 19(a) of the Development Agreement. C. Binding Effect. This First Amendment shall be binding and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed. d. Conveyances. All conveyances required by the Development Agreement and/or this First Amendment will be free and clear of any and all liens and encumbrances. e. Vested Ri htg s/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of Town, whether now existing or in the future arising. This First Amendment shall confer no vested rights on Developer unless specifically enumerated herein. In addition, nothing contained in this First Amendment shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code and nothing in this First Amendment provides the Town with fair notice of Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS FIRST AMENDMENT AND/OR THE DEVELOPMENT AGREEMENT. f. Attorneys' Fees. In any legal proceeding brought to enforce the terms of this First Amendment and/or the Development Agreement, including but not limited to, a proceeding brought pursuant to Paragraphs 13,15 and/or 18, the prevailing party may recover its reasonable and necessary attorneys' fees from the non -prevailing party as permitted by Section 271.159 of the Texas Local Government Code, as it exists or may be amended. g. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this First Amendment are true and correct and are hereby incorporated into the body of this First Amendment and adopted as findings of Town and the authorized representative of Developer. h. Developer's Warranties/Representations. All warranties, representations and covenants made by Developer in this First Amendment, the Development Agreement and/or in any certificate or other instrument delivered by Developer to Town under this First Amendment and/or the Development Agreement shall be considered to have been relied upon by Town and will FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 4 OF 9 survive the satisfaction of any fees under this First Amendment and/or the Development Agreement, regardless of any investigation made by Town or on Town's behalf. i. Entire Agreement. This First Amendment contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. j. Venue. This First Amendment shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. k. Consideration. This First Amendment is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 1. Counterparts. This First Amendment 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 if properly executed. in. Authority to Execute. The individuals executing this First Amendment on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this First Amendment to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this First Amendment in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this First Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. The parties agree that the performance by the parties under this First Amendment and the Development Agreement is authorized by Section 212.071, et. seq., of the Texas Local Government Code. n. Savings/Severability_. In case any one or more of the provisions contained in this First Amendment shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this First Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. o. Representations. Each signatory represents this First Amendment has been read by the party for which this First Amendment is executed and that such party has had an opportunity to confer with its counsel. p. Sovereign Immunity. The parties agree that the Town has not waived its FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 5 OF 9 sovereign immunity by entering into and performing its obligations under this First Amendment and/or the Development Agreement. q. No Third Party Beneficiaries. Nothing in this First Amendment shall be construed to create any right in any third party not a signatory to this First Amendment, and the parties do not intend to create any third party beneficiaries by entering into this First Amendment. r. Waiver. Waiver by any party of any breach of this First Amendment and/or the Development Agreement, or the failure of either party to enforce any of the provisions of this First Amendment and/or the Development Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. S. Indemnity. The parties agree that the Indemnity provisions set forth in Paragraphs 11 and 12 of the Development Agreement are conspicuous and the parties have read and understood the same. t. Miscellaneous Drafting Provisions. This First Amendment shall be deemed drafted equally by all parties hereto. The language of all parts of this First Amendment 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. Headings in this First Amendment are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. TOWN: TOWN OF PROSPER, TEXAS LOW Mike Land, Town Manager Date: DEVELOPER: MF V CHESNEY 65, LP, a Texas limited partnership By: MF V Chesney 65 GP, Inc., a Texas corporation Its: General Partner Date: Michael Beaty, President FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 6 OF 9 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 7 OF 9 STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared Mike Land, Town Manager of the Town of Prosper, a Home Rule Municipality, known to me to be one of the persons whose name is subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the TOWN OF PROSPER, TEXAS, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of .2008. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Michael Beaty, President of MF V Chesney 65 GP, Inc., a Texas corporation and the General Partner of MF V CHESNEY 65, GP, a Texas general partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of .2008. Notary Public in and for the State of Texas My Commission Expires: FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 8 OF 9 EXHIBIT A2 GENERAL LOCATION OF WATER IMPROVEMENTS [see attached] FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Christie Farms) PAGE 9 OF 9 NORTHERN LOOP. CHRISTIE FARMS OFF —SITE WATER - _ _ FROMM PARKWAY iL 1�61 7-r 'PROPOSED 7 11l - 7. 1� WL -etlsr a:1r -atsr i = a• e2 �h_ -xaa i I I I I I • BW-Am Pi .kn"&BoK be. • sw.vk . R.-ft ,MMo Dallas Parkway. awn aoo • n�.eM. 8WDmflT )Qy At HbiA.. A2t.L104 etna wwWJKw*bvyd.@aavv CHUM MMO. PM. ! PROSPUt TRAIL (CRS72) E*0f A2 CVEAALL OFFM WAIM SZrs ►ARM% FIL , 1 - - V N� W Z g0 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AMENDMENT TO THE DEVELOPER'S AGREEMENT BETWEEN MF V CHESNEY 65, LP, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an amendment to the developer's agreement between MF V Chesney 65, LP, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22"d day of January, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary PiiSPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — January 22, 2008 Date: January 18, 2008 Agenda Item: Consider and act upon a letter of agreement with HOK for the Town of Prosper Gateway Enhancement Study. Description of Agenda Item: With the acceptance of the attached proposal HOK will work with the Town Council, the Planning and Zoning Commission, Town staff, citizens and the development community to create a design concept plan for the Town's major entrances along Hwy. 380 and its major intersections. The design concept will also be created in such a way that development occurring at the Town's secondary intersections can incorporate similar elements. Prior to submitting this proposal to the Council, major land holders/developers were contacted to inform them of the project, requesting their input and their financial participation. As a result of this request and the first Developer's Council meeting, 80% of the this project's cost will be covered by these companies. Through my discussions with Dan, the PEDC is projected to commit $3,200 to the project with the final $3,200 being paid for by the Town. Based on the discussions I have been involved with to date, I believe it is important to go through this exercise now due to all the planning going on for projects along Hwy. 380 at this time. As I have mentioned before for example, even though we do not know what we as a Town want, staff did request and Cross Development did agree to "reserve" if you will approximately 400 square feet in their landscape buffer are at the intersection of Custer and Hwy. 380 for some sort of "Town" design element. HOK will be present Tuesday night in case you have any questions. They have worked with both TxDot and NTTA on design related projects. The project will kick-off January 29, 2008 with a joint meeting of the Town Council and Planning and Zoning Commission. The scheduled completion for the project is April 22, 2008. Budget Impact: The cost for the project is $32,000. Of this amount the development community has generously committed $25,600 with the PEDC via Dan, committing $3,200 leaving a balance of $3,200 to be Agenda Item No. _ - Page 1 of 2 paid for by the Town. Funding for the Town's portion will be through the General Fund — Professional Fees. Leoal Oblioations and Review: No Legal review is necessary. Attached Documents: 1. A resolution authorizing the Town Manager to execute a letter of agreement between the Town of Prosper and HOK. 2. HOK Letter of Agreement and Proposal. Town Staff Recommendation: Town staff recommends that the Town Council approve a letter of agreement and adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. _ - Page 2 of 2 HELLMUTH,06ATA•KASSA6AUM December 10, 2007 Mr. Mike Land, Town Manager Town of Prosper P.O. Box 307 121 W. Broadway Street Prosper, Texas 75078 ARCHITECTURE. ENGINEERING. PLANNING. INTERIORS. GRAPHICS. CONSULTING RE: Letter of Agreement for Town of Prosper Gateway Enhancements Study Dear Mike: Hellmuth, Obata + Kassabaum, L.P. (HOK), is pleased to provide the Town of Prosper (ToP) with this Letter of Agreement to provide professional design services for the conceptual design of Gateway Enhancements along major roadways into the Town of Prosper, Texas. Project Understanding. HOK understands that ToP desires to study opportunities for primary gateway enhancement projects for major roadway corridors leading into the Town. These enhancement projects may include architectural icons or monuments, landscaping, and/or roadway enhancements such as bridges, retaining walls, etc. Ideally, these gateway projects should be adaptable to provide for secondary entryways at major nodes and neighborhoods within the Town. HOK shall provide for the conceptual designs of a prototypical primary gateway, using the intersection of U.S. 380 and the Dallas North Tollway as a "generic" site. (t—J Scope of Work. HOK's Scope of Work shall consist of the following tasks: Task 1. HOK shall conduct a kick-off meeting with ToP to understand the Town's goals with the gateway enhancements. With ToP, HOK will tour the Town to identify potential sites and to ascertain local imagery which might be utilized in the enhancements. HOK will present a variety of similar gateway enhancement projects for feedback from ToP. Schedules, deliverables, decision - makers will be discussed relative to the study. ToP shall provide HOK with previous studies, relevant roadway engineering (existing or proposed) documents, and other information required by HOK. Task 2. HOK shall prepare up to five conceptual alternatives for the primary gateway enha-icements. At a minimum, the alternatives shall be presented in plans, elevations, and three dimensional sketches. The intersection of U.S. 380 and Dallas North Tollway shall serve as a "generic" primary site for the enhancements. For each conceptual alternative, HOK shall also provide for an option utilizing the alternative as a secondary enhancement for secondary nodes or neighborhood gateways. Deliverables: Conceptual site plans with conceptual landscaping, elevations, and three dimensional sketches of the primary gateway alternatives. Sketches of the secondary gateway alternatives. Task 3. HOK shall meet with Tof P to review the conceptual alternatives and to select a preferred alternate for further development. Task 4. Utilizing the documents prepared under Task 2 above, HOK shall meet with outside agencies such as NTTA and TxDOT, presenting the preferred alternate, to elicit the agencies' comments. 2711 North Haskell Avenue, Suite 2250. LB 26 Dallas,Texas 75204 USA Voice +1 214 720 6000 fax +1 214 720 6005 Adams edting Brisbane Chicap Dalian Denmr Dubai Hong Kong Manton Kansas City London Los Angela Mexico city Miami Na"Ut NewYork Onawa St. Louls San Francisco s Tampa Toronto %shingcon. DC Mr. Land December 10, 2007 Page 2 Task 5. Based upon comments received with the preferred alternate selected in Tasks 3 and 4 above, HOK shall refine the selection. HOK shall prepare final presentation sketches of the primary and secondary gateway enhancements. Deliverables: Refined colored conceptual site plan with conceptual landscaping, elevations, and three dimensional sketches of the preferred alternate, utilizing the U.S. 380/ Dallas North Tollway intersection. Refined sketches of the preferred secondary gateway. Task 6. HOK shall conduct a final presentation of the preferred conceptual primary and secondary gateway. Schedule. HOK understands that time is of the essence, and HOK will begin work immediately upon receipt of this signed Letter of Agreement HOK anticipates completing the study by March, 2008, Compensation. For the professional services described above, HOK shall be compensated a lump sum of thirty-two thousand dollars ($32,000.00), excluding reimbursable expenses. HOK shall invoice ToP monthly, based upon percent complete. Reimbursable expenses such as travel, delivery, reproductions, etc., shall be compensated at cost plus ten percent. Miscellaneous. The attached "Terms and Conditions to Letter ,)f Agreement' is made a part of this agreement. The services described below are not included in HOK's services, and they shall be paid for by ToP as an Additional Service on a lump sum or hourly bass as negotiated in writing between ToP and HOK: 1. Making revisions to Drawings, Specifications, or other documents when such revisions are inconsistent with approvals or instructions previously given by ToP: 2. Making revisions to Drawings, Specifications, or other documents when such revisions are caused by changes to the program, schedule, or budget: 3. Providing construction documents or documents beyond a conceptual level of design; 4. Providing financial feasibility or other special studies: 5. Providing signage or graphic design services; 6. Providing environmental studies; 7. Providing structural, mechanical, electrical, plumbing, fire protection engineering services; 8. Providing estimates of Construction Costs; 9. Providing architectural models or computer visualizations or animations. December 10, 2007 Page 3 Mike, please indicate your acceptance of this Letter of Agreement by signing below and returning one copy for our records. We look forward to working with you and the Town of Prosper on this project. Respectfully Submitted by: Helimuth, Obata + Kassabaum, LP Kirk Millican, AIA Senior Vice President Attachment Accepted by: Town of Prosper Mike Land Town Manager TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A LETTER OF AGREEMENT FOR THE TOWN OF PROSPER GATEWAY ENHANCEMENT STUDY BETWEEN HOK, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, letter of agreement for the Town of Prosper Gateway Enhancement Study between HOK, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22°a day of January, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary ISPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — January 22, 2008 Date: January 18, 2008 Agenda Item: Consider and act upon a memorandum of understanding for the Town of Prosper Town MeetingMorld Cafe community meeting to be held on March 22, 2008. Description of Agenda Item: Per Council's strategic visioning process, the recently adopted workplan for 2008 and the continued efforts to strengthen the relationship between the Town and PISD, this proposal was developed. I have placed it on the agenda for your consideration with the full understanding that the subject will be discussed with the PISD Board during our planned joint workshop on February 18th. With your acceptance of the project, we will start to promote the event. Bill and I met with Drew this past week, and based on our discussions, I believe the PISD will be a financial partner in this endeavor as well. In summary, the "World Cafe" is a community meeting conducted in a much disciplined environment. Participants are actually grouped into a seating of four persons and very specific questions are asked to be discussed at each seating. At the conclusion of each seating, three of the participants are instructed to move to other tables, thus people are forced if you will to meet and share ideas with other people throughout the process. The theme of the discussions will be centered on creating oneness in the community. Drew's concerns given the recent zone discussions are that as the school district grows, the community will be divided if you will and identify with their respective high schools, thus separating the district as opposed to pulling it together. He has no models of success to look to avoiding this scenario, therefore his interest in participating in these discussions. Budget Impact: The cost for the project is not to exceed $8,300. 1 believe but can not confirm just yet that the school district will be picking up half of the cost. Funding for the project will be through the General Fund — Professional Fees. Legal Obligations and Review: No Legal review is necessary. Agenda Item No. L f - Page 1 of 2 Attached Documents: 1. A resolution authorizing the Town Manager to execute a memorandum of understanding between the Town of Prosper and ConBrio. 2. ConBrio memorandum of understanding. Town Staff Recommendation: Town staff recommends that the Town Council approve a memorandum of understanding and adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. � � - Page 2 of 2 938 W. Greenbriar • Dallas, TX 75208 • tel 214.941.8199 • fax 214.941.3103 • bbancroft@conbrioamericas.com January 3, 2008 To: Mike Land Town Manager Town of Prosper P.O. Box 307 Prosper, Texas 75078 mike land@prospertx.gov From: Bill Bancroft Conbrio Re: Memorandum of Understanding Town Meeting/Cafe Discussion Conbrio would be pleased to work with you to design and lead your town meeting/cafe discussion Saturday, February 16, 2008. Services to Be Provided The meeting will use a process called The World Cafe. The process is a method for creating a living network of collaborative dialogue around questions that matter to the real life situations of organizations and communities. The real life questions for the citizens of Prosper: What does it mean to be a place that matters? How does that translate into activities in the community? What will it take to get members/citizens involved in building and sustaining a community where everyone matters? The questions grow out of the recent Town Council retreat where members created a vision and strategy for the town. Preparation Preparation for the cafe revolves around formulating and choosing the right questions for participants to discuss during the cafe. The right questions, in fact, are critical to the success of a World Cafe. Generally, questions fall into one of three categories: Those that focus collective attention on the situation, those that connect ideas and find deeper insight and those that create forward movement. They'll put the right focus on the deeper issues and allow room afterwards for further strategic and implementation/action planning. We'll work with you to formulate the right questions for the cafe. Also, part of the preparation is the logistics. More so than with other meetings, careful preparations precede a cafe. It's important to have tables which seat only four people. The room must be made to look and feel like something resembling a cafe. And there must be paper and markers at each table for participants to take notes and draw on. Again, we'll work with you the specifics of getting the right set-up in place In addition, we will need to make arrangements to graphically record part of the session on large sheets of paper. And we'll need to make arrangements for a still photographer to be present to photograph participants as they work. We'll work with you on the details of getting these two items done. Workshop sessions With the cafe process, attendees work in small groups of no more than four people, talking through answers to the questions we have agreed on in advance. Between each question three of the four people at each table rotate to different tables to discuss the next question. The rotation for more discussion with new people cross-pollinates ideas and insights. Collective knowledge grows and evolves. Periodically, the conversation shifts from work in small groups at cafe tables to work in one large group in a "town hall meeting" format. The meeting promotes further cross-pollination of ideas and insights. Those meetings are graphically recorded. I will lead and facilitate the World Cafe, together with Karen Walz and a graphic recorder. Final report The graphic recording created during the cafe will serve as the final report. The photos taken during the cafe can be turned into a short video which you can display on the town's website. Fees/Costs Workshop design and facilitation $7,300 Total Fee $7,300 All out-of-pocket expenses to prepare for the retreat and have the appropriate supplies on -site not to exceed $1,000 will be in addition. The reproduction of wall charts 2 and any other services, including photography and slide show/video are in addition, as well. You may decide to arrange for the photography and slide show/video separately. In the unlikely event, you decide to use a retreat site away from the Town of Prosper and well away from the Dallas area, the town will pay expenses for Conbrio people for lodging and food at the site. 50"o of the fee is due on signing of this memorandum, 30° o after completion of the session, the final 20% on delivery of the final report. Please notify M'Lou Bancroft who handles billing if you have any special billing requirements, including purchase orders. Materials and Report I will arrange to have delivered to the workshop site materials Karen and I will use for the sessions, including wall -sized templates, post -it notes, markers and rolls of blank paper. The cost of these materials will be billed as part of out-of-pocket expenses noted above. In addition, it may be necessary to rent easels or other similar items. Expenses for those rentals will be paid by the Town of Prosper. General Guidelines The following are general guidelines that apply to all Conbrio projects. I look forward to hearing from you about additional guidelines for this project that would help our work together. This memorandum serves as the master agreement between us. All adjustments and additions will be to this agreement. I will be the contact person for those changes. • The successful completion of this work depends on close communication between Conbrio and you and your staff. If there are any changes or corrections to the services or deliverables in this agreement, please contact me as soon as possible so that any necessary amendments can be made. Likewise, I will contact you promptly about anything that would affect our delivery timeline or costs. If this memorandum reflects your understanding of our agreement, please sign below and fax the memo to: Conbrio -- Attention Bill Bancroft at 214-941-3103. 3 _--,� VA, LWONIIJI Mike Land Town Manager Town of Prosper n$ Date Date Thank you very much. We look forward to working with you! Mike Land From: Bill Bancroft [bbancroft@conbrioamericas.com] Sent: Wednesday, December 12, 2007 9:36 AM To: 'Mike Land' Subject: World Cafe explanation... Mike, Some more explanation of the cafe process... The cafd process is great for tackling questions that matter, that people have a passion for exploring. Before the cafe itself, organizers develop a provacative question which serves as a call to the community to come participate. (It might be the same question we used for the council retreat.) During the cafe, attendees work in small groups, talking through answers to questions we agree on in advance. Between each question three of the four people at each table rotate to different tables to discuss the next question. At the end of each round, I lead the group as a whole in a "town hall meeting" to harvest results and record them graphically. The town hall meeting allows participants to play off each others' thoughts to pull out the best insights. Coming up with the right questions to use during the cafe is critical to World Cafe success. Generally, questions fall into one of three categories: Those that focus collective attention on the situation, those that connect ideas and find deeper insight and those that create forward movement. I think the cafe format will put the right focus on the deeper issues and provide a catalyst for future specific implementation work. Because of the way the process works, ALL participants will have had an opportunity for substantial conversation with a number of people. They will have experienced substantial cross-fertilization of ideas. They will leave with a unified direction at a high level. "Those of us who help lead cities and local communities must bring the Wrold Cafe, with its creative way of having productive conversations, into our public discourse." So said Ed Everett, City Manger, Redwood City, California, in the the book The World Cafe by Juanita Brown and David Isaacs. Juanita and David are the co creators of the process. Conbrio has designed and led cafe conversations for The Staubach Company, Habitat for Humanity International, and the North Texas Commission. I'll forward an article that I wrote for The Systems Thinker which describes one of the cafes. I'll also fax you some material from one of the World Cafe publications. Finally, I talked with David Isaacs about the Prosper cafe, just to be certain I've thought of all the necessary points. Pleaselet me know if you need more. 11-1104 BILL BANCROFT Principal Conbrio 938 W. Greenbriar Lane Dallas, Texas 75208 214-941-8199 office 214-941-3103 fax www.conbrioamericas.com bbancroft(d-)conbrioamericas.com "There are those that look at things the way they are and ask why. I dream of things that never were and ask why not." -- Robert F. Kennedy SYSTEMS S Y S T E M S T O R I E S PtG-77us �THINKEW VOL. 17 NO. 2 MARCH 2006 CONFLUENCE OF PROCESS AND TECHNOLOGY BRINGS TWO COMPANIES CLOSER TOGETHER BY BILL BAN C R O F T his is the tale of a powerful, synergistic confluence of process and technology at a three-day strategic conversation last December that moved two large companies closer together. When planning for the event began in the late spring of 2005, no one could predict how it would turn out and whether the gaps between the two partners could be closed. The handful of people who designed and ultimately led the 70- participant meeting sensed both peril and opportunity —peril because the relationship had not been maturing as expected, and opportunity because the conversation offered a great venue for reaching senior leaders and mov- ing the process forward. The planning team, comprised of five internal stakeholders from both companies, realized that in order to transcend the barriers that existed between the two organizations, par- ticipants had to come together in conversation. Working with Laurie Durnell from the Grove Consultants International, Lenny Lind from Covi- sion, and me from Conbrio, team members chose a bold design that combined graphic facilitation, com- puter -assisted fast -feedback technol- ogy, World Cafe principles, and Storymappinem in ways that created a whole much larger than the parts. This combination of tools, the plan- ning team reasoned, would prompt breakthrough conversation and ulti- mately a commitment to invest time and resources in resolving key issues. That's exactly what happened. "It turned out the synergy of the design elements coming together created a unique situation beyond what we or anybody else expected," said Lenny. "The amount of work accomplished was enormous." By the end of the conference, participants mapped out specific action plans in five categories. What follows is what Laurie, Lenny, and I saw and heard, the discoveries we made, and the questions we're still living with. At a Snail's Pace First, some background. For the two companies (they want to remain anonymous), the walk toward conver- gence began five years ago, when both sought to solve the problem of provid- ing superior service to the world's largest companies in the U.S., Europe, and Asia. The companies are in an industry where it's difficult to grow organically. At the same time, neither wanted an outright merger with the other. Their solution was to strike a partnership. Two years ago, they decided to strengthen that partnership and to both market and serve clients as if they were one organization. Since making the agreement, implementation moved slowly —so slowly that frustration boiled up in both companies. Negotiations on branding and a short list of other items necessary for a successful joint venture slowed to a snail's pace. There was talk, some of which leaked to outsiders in Europe, that one com- pany would spurn the other for a bet- ter match. It became clear that the December meeting would be vital for moving the partnership forward. I began my work with the two companies in the spring of 2005, in time to participate in the May semi- annual meeting. The meetings were started three years earlier to bring together large account managers and leaders from both companies across the globe to build relationships so they could better team to seek new and serve existing customers. More than a hundred people participated in each of these events. The May conference was a dud. A meet -and -greet affair, it was long on long-winded speeches and short on participation by attendees. A barely understandable economist held forth on the state of the world. An inter- minable panel discussion tried and failed to shed light on customer needs. A tour of locations around the city offered little insight into markets. One guest sitting next to me whis- pered, "This is a lot to go through for a free drink."A U.S. participant was so disgusted that he bailed 36 hours after arriving and flew home. A Fresh Start The client planning team vowed then and there that the December meeting would be more focused and engag- ing. In July, when the five members gathered in San Francisco with the consulting team, they began to make good on that vow. They decided on a real give-and-take meeting, where podium time for talking heads would be at a minimum, computers would capture and share participants' think- ing, and graphics would play an important part in showing the whole picture. The team would hand-pick participants, keeping them to senior leadership and those who could actu- ally make things happen. —fewer than 100 were to be invited. The meeting design drew on our consulting team's collective experi- ences. Laurie and the Grove have a decades -long history of working with groups using visuals and visual lan- guage, including graphic facilitation. She says, "Visuals, graphics help draw Copyright ® 2006 Pegasus Communications, Inc. (www.pegasuscom.com) All rights reserved. For permission to distribute copies of this article in any form, please contact us at permissions@pegasuscom.com. people out, communicate ideas, and organize information." Since 1992, Lenny has used computers in large group meetings to speed feedback among participants. The technology he has developed, called Council, allows people to enter ideas or view- points into computers and then instantly displays them to everyone in the room. And having used the World Cafe process several times, I knew the seven cafe principles —clarify the context, create a hospitable environ- ment, explore questions that matter, encourage everyone's contribution, connect diverse perspectives, listen together for insights and deeper ques- tions and harvest and share collective discoveries —would work well in this context. All three of us agreed that any one methodology, one process, one tool — graphics alone, for example —wouldn't be quite enough because, in Lenny's words, "It would leave this other thing, like need for information or outlet for planning, that wouldn't be addressed." Together, however, Lenny's technology and Laurie's graphics combined with our collective sensitivity to group dynamics and our ability to blend, orchestrate, and facilitate elements would allow us to cover all the key areas of presentation of issues, discus- sion, and action planning. Once we had established the tools we thought would be effective, the next step was to ask, What exactly will the people at the meeting talk about? What issues needed to surface? Where was the line they could not cross? What could this December conversation accomplish? In our July meeting, Laurie helped the client planning team untangle these ques- tions. She drew simple star people with thought bubbles coming from their heads, one for each stakeholder, seven in all, with outcomes in each of the bubbles. Leaders, for example, needed to better understand the busi- ness case for the two companies mov- ing closer together, while company reps in Europe and Asia needed to learn what American clients expect. Now that they could see the out- comes, the planning team was able to go forward to rough -out the hour - by -hour first draft of a three-day agenda. They decided to use a cus- tom -drawn "infographic" to visually portray the results of a client survey they would present to spur the first day's discussion. And they agreed that since all the outcomes couldn't be fully realized in one meeting, they would focus the conversation on making the case for change. Subse- quent meetings would delve more deeply into how they would imple- COMPUTERS AND CONVERSATION Participants sat three to a table.This set-up facilitated both the Caf& discussions and teams' use of computers to input responses.The infographic, which was positioned along a wall, provided a context for the process. ment the agreed -upon changes. Drafting a minute -by -minute agenda was the next big task. This process guided the subsequent rounds of discussions with the planning com- mittee. Like a script used by a stage manager to call a Broadway musical, the final agenda-20 pages long — contained directions for times, speak- ers, room set-ups, props, and other notes. Lenny, Laurie, and I used the agenda to work out how we would blend the details of the technology, the graphics, the World Cafe, and other elements. It also included a mock competition designed to show off the companies' differences from its competitors and a panel of account supervisors who would illuminate customer service issues. "The plan- ning was 40 to 50 percent of the intervention," Lenny recalled. "The strong upfront process allowed us to design the session step-by-step so that it achieved all of the planning team's goals while deeply engaging partici- pants in creating a new future for the organizations." After the usual opening segments, results of a customer survey would be the main event of the first day. We would use the infographic to focus the presentation and then shift to World Cafe conversations. Lenny's computers would capture reactions, quickly feeding them back so that participants, and especially key lead- ers, could see the collective thinking that emerged in the room. This back - and -forth between presentation and feedback was the structure that allowed creative problem -solving to emerge over the course of the meet- ing. The next day, we would start more cafe dialogues then move to a panel discussion, the mock competi- tion, and more cafe conversations focused on action. Action planning in breakout groups would end the sec- ond day. The same groups would con- tinue their action planning the morning of the third day. The conver- sation would wrap up at noon. The planning team took those first minute -by -minute drafts and, in a series of meetings and conference calls with us during the fall, made them their own. They wrote, rewrote, THE SYSTEMS THINKER- VOL. 17, NO. 2 www.pegasuscom.com 0 2006 PEGASUS COMMUNICATIONS and wrote again the cafe questions. They changed and changed again the infographic. They flipped and reflipped agenda activities. They ordered more implementation plan- ning. They let more presentation time creep in, then, reluctantly, pulled it out on our recommendation. They settled on the final draft just days before the event. The Main Event The conversation opened just past noon in a ballroom at the Four Sea- sons Hotel in San Francisco. Partici- pants entered to find the room set up with small, three -foot -diameter round tables, three chairs per table. Lenny put a computer at each table on top of a large sheet of paper that partici- pants could use to take notes. We placed three dots —one red, one blue, one green —on the paper. Participants had one of the three colored dots on their name tags. In changing from table to table during cafe rounds, they could sit only at places where the dots on the table matched the dots on their name tags. The dots were meant to mix participants from different parts of the globe and different ranks in the organization (see "Computers • • Activity Tracks and Conversation" on p. 8). Lenny, Laurie, and I went round and round on table size. The ideal number of people per computer is three. Lenny had been used to seating six people per table with two com- puters, partly because of wiring issues. Cafe discussions are best when four people sit at a small table because all can easily participate in the conversa- tion. My fear was that larger tables would stifle discussion. I sought out Juanita Brown, co -creator of the World Cafe, who settled the issue when she advised us that three people per table would work much better than six. As part of the first hour of the conversation, Lenny introduced his Council technology with three ice- breaker questions. This process famil- iarized participants with the technology. Everyone could see all the answers on their screens, displayed without attribution. The anonymity continued throughout and allowed for an open and honest exchange. Laurie explained the 14-foot- long infographic, how it was put together to tell the story of world- wide trends, what customer needs resulted from those trends as reported GRAPHIC R O A D M A P TEMPLATE wglipnn.r in the customer survey, the compa- nies' combined response to those needs, and the gaps between needs and responses. Then leaders began their presentation, using the info - graphic to which the group had just been oriented. The first cafe round came after the first half of the presentation. It was a two -question round with participants entering their responses into their computers by table as they neared the 15-minute limit for conversation. Another round came after the second part of the presentation, this time with three questions. The final question was "What's important for you as a group to explore further and understand?"At the end of each round, four partici- pants, whom we dubbed the "Theme Team," sorted through the answers, distilling them into themes, key ques- tions, and comments. The next morning started with the "Deep Dive Cafe." Participants tackled three more questions, designed to support disclosure of the deeper issues, rotating to new seats after each question. The questions were straight -forward: "What's taking shape? What are the unsaid issues around these themes? What's the most ( ) • QVd"II G00116 �i Grophk Guide # 16 02003 Designed by the Grove, the Graphic Roadmap is a large -format worksheet of actions and target dates for deliverables on a project or an organization change process.A signature element is the identification of "milestones:' These are the key dates for events and deliverables that everyone will work to achieve. 0 2006 PEGASUS COMMUNICATIONS 781.398.9700 THE SYSTEMS THINKER' MARCH 2O06 important insight from our discus- sions so far?"Table groups entered answers to the last question into their computers. A Pivotal Moment It was during the Deep Dive Cafe that one of the most senior leaders became anxious and nearly cancelled the rest of the event because the dis- cussion strayed into areas of overall strategy. The client planning team pushed back, pointing out the con- cerns voiced in conversations at the tables and through the computer were overwhelmingly similar and reflected what people were really thinking. The leader allowed the meeting to con- tinue. "The planning team's work ahead of time combined with the theme team's work during the con- versations gave the team's members complete confidence in addressing this leadership challenge," said Laurie. "They understood how things flowed, and when things got rocky over the issues in the room, it allowed them to remain calm, convince the leader to continue, and then success- fully complete the agenda." In what was seen as the pivotal moment of the three days, at the end of the Deep Dive Cafe, senior leaders from both companies stood up together to say they understood the frustration and would do what was needed to quickly pull the two com- panies closer together. Said one par- ticipant: "We pushed it as far as we could go, right to the edge." He and others had accomplished what they had been trying to do for months, which was to get their message across to senior management. Now past the pivotal point, the attention turned to learning more about the gaps between customer needs and service capability. Four rep- resentatives who led global customer service teams told of their triumphs and frustrations. Participants both posed questions and made comments through the computer. Following lunch, participants broke into three groups to simulate a sales pitch. One of the three played the role of com- petitor and soundly beat the other two because, as one integrated global company, it had more and better serv- ices to offer the prospective client and in a way that better met the client's needs. Through the computer, partici- pants identified gaps in each team's service offerings. Each of the processes works well alone, but in combination, the strengths were maximized and the weaknesses minimized. Participants went next into the Action Cafe. Again rotating between questions and entering answers into the computer, participants chose the three most critical gaps to work on for the rest of the conference. And they suggested specific areas that might be improved —branding, for example, and global project tracking. Drawing from the responses, partici- pants broke into nine different groups to plan how to close the gaps over the next six to18 months.They worked on the specifics through the end of the day and throughout the next morning, focused by wall -sized versions of a planning tool developed by the Grove called the "Graphic Roadmap" (see "Graphic Roadmap Template" on p. 9). Each breakout group presented their plans to the rest of the participants before the final cafe rounds closing the conference. "Softening Hard Soil" In analyzing the conference results in a conversation with Laurie, Lenny, and I, Juanita Brown saw that the combination of the visuals, the World Cafe process, and the Council tech- nology "heightened the possibility of collective intelligence. One of the big things we find over and over in cafe work," she said, "is this very inten- tional cross-pollination of mix, mix, mix. It's softening hard soil, so the soil can be receptive to new ideas." The computers served as the "common tablecloth on the cafe table of conversation," Brown said, that everyone in the room could refer to. It made the collective knowledge vis- ible and led to an accepted conclu- sion in the whole room at a much earlier stage than is the case in many meetings. In a normal cafe dialogue where there aren't any computers, she said, people sense their common con- clusions, but they don't have the level of detail to support them that the computer feedback supplies. The anonymity of the answers also helped with the positive meeting result, Brown said. "You don't know where the ideas are coming from, so people can more easily accept innovative thinking as it is revealed in the spaces among participants. The space between the `me' and the `we' becomes more fluid and the `magic in the middle' has the opportunity to emerge more easily." Conference attendees were just as enthusiastic. As they moved to close the conference, participants answered one last question through the com- puter: How did this conference com- pare to the last? "Phew! We had to work this time. The format, structure, people were spot on." Said another, "It was great!" So what did we learn? What questions remain unanswered? We learned the whole was far greater than the sum of its parts. Each of the processes works well alone, but in combination, the strengths were max- imized and the weaknesses mini- mized. Also, we confirmed again risk -taking combined with collabora- tive planning are important. So is quickly creating a sense of"we" in a room divided into many camps. Will the agreements made, the visions offered hold up? We don't know. The big question is how a process can further deepen commit- ment to action, and how, really, con- versation in big groups can ultimately lead to significant action. 0 Bill Bancroft (bbancroft@conbrioamericas.com) is founder and principal of Dallas -based Conbrio. He designs and leads conversations for companies, organizations, and communities to help leaders with strategy, team building, communications, cul- ture, and other organization issues. N THE SYSTEMS THINKER' VOL. 17, NO. 2 www.pegasuscom.com 0 2006 PEGASUS COMMUNICATIONS TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A MEMORANDUM OF UNDERSTANDING TO FACILITATE A TOWN MEETING / WORLD CAFE DISCUSSION ON MARCH 22, 2008 BETWEEN CONBRIO, AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a memorandum of understanding to facilitate a Town meeting / World Cafe discussion on March 22, 2008 between ConBrio, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22"d day of January, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary