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03.11.2008 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, March 11, 2008 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. 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.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • February 26, 2007 — 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. (WH) C. Consider and act upon an ordinance for the voluntary annexation of approximately 2106.592 acres of land being more generally located north of Hwy 380 and west of Fields Road. (MD) d. Consider and act upon an ordinance 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) 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.) 5. Other Comments by the Public. 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 item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a mini -warehouse on 5.4f acres (Prosper Commons, Block A, Lot 2), located on the east side of Prosper Commons Boulevard, 250f feet south of Richland Boulevard. (S08-1). (CC) 7. A public hearing to consider and act upon a request to rezone 2,120.5f acres, located on the north side of U.S. 380 and the west side of Fields Road, from Agricultural (A) to Planned Development -Single Family/Mixed Use/Retail (PD-SF/M/R). (Z08-1). (CC) Page 1 of 2 DEPARTMENT ITEMS 8. Consider and act upon a resolution authorizing the Town Manager to enter into a Letter of Agreement with Arthur and Karie Dalton for the Subdivision of three lots located in the southwest quadrant of the intersection of Prosper Trail and Robinson Creek. (ML) 9. Discuss and update Town Council on Town's planning efforts of sports facilities and receive input from the community. (WIT) 10. Consider and act upon a change order to Halff Associates, Inc., for the 2007 Parks, Recreation and Open Space Master Plan Project. (WIT) 11. Consider and act on a resolution approving the Town's Annexation Plan in accordance with Section 43.052 of the Texas Local Government Code. (ML) 12. Consider and act upon 1) a Professional Surveying Services Agreement with Spiars Engineering and 2) a Resolution authorizing the Town Manager to execute the same. (CC) 13. Discuss and act upon an ordinance establishing a new curfew for juveniles under the age of 17 years. (KM) 14. Discuss and give direction to HOK for the Gateway Enhancement Project. (ML) EXECUTIVE SESSION 15. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit: Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project. 16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 17. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted 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, March 7, 2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. �e��aooase��0 atthew D. Denton, TRMC Town Secretary $ In addition to any specifically identified Executive Sessions, Caciill m%y conve a into :xecutivi Sessie any point during the open meeting to discuss any item posted o0is ag$gda. The Open Meetogs ActZr be open. Should Council elect to convene into Executive Sessionikose eNgptions will bespecifica�-Id result of this Executive Session, will be taken and recorded in open'�t;sion. ''O°«o.� %% Date Noticed Removed under Section 551 of the Texas Government Code at ovides specific exceptions that require that a meeting entified and announced. Any subsequent action, as a ' 7tAS %%"*- NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper o #"# tA& 'ngs are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. Page 2 of 2 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:08 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, February 26, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Rayt� Staff present included: Mike Land, Town Manager; Hulon W McFarlin, Police Chief; Ronnie Tucker, Fire Chief, Bryan Ausei Official; Ron Butler, Business Manager; and Matthew Denton, Tow 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor John Fowler, Prosper Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of Hulon Webb, Director of I that Wayne Snell had been Mayor Pro-Tem Bristol School Library. Matt Denton, T, being accepted i §v 4. irector of Fire Mai events. Deputy Mayor Pro-Tem Services; Kirk Snell, Building ent Services, announce. Bryan Auserili'augh had become the Fire Marshall and 4�- l.to Building OfficiaY;� , Y kx the ' ,� 'deral Primary Election would be held on March 41h at the Prosper High for places on the May 10, 2008 General Election are MINUTES` a. Consider and act up%J91"nutes from the following Council meetings. (MD) • December 8, 2008 — Regular Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS C. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Page 1 of 5 d. Consider and act upon a Joint Election Agreement and Contract for Election Services between the Town of Prosper and the Prosper Independent School District to be administered by the Collin County Elections Administration for the May 10, 2008 General Election. (MD) f. Consider and act upon a resolution for the Town of Prosper to accept the Town's 2006-2007 fiscal year financial audit as presented by Pingleton, Howard & Company, P.C., Certified Public Accountants on January 22, 2008. (RB) g. Consider and act upon an ordinance approving a settlement agreement between the Atmos Cities Steering Committee and Atmos Energy Corp regarding the company's 4,statement of intent to change gas rates. (ML) n?° Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to�'a pro• a consent agenda items a, c, d, f, and g. Motion approved 7-0.av� �'vw b. An update on the Town's sports fields and/or the Mayor Pro-Tem Bristol requested this item be pulled from the regular agenda at the next meeting and that the Town'; issues. e. Consider and act upon a resolution adopting an Economic Development Corporation.GS") Mayor Pro-Tem Bristol requested this item be regarding the Investment Policy. FINANCIALS h. Consider and act Councilmember Dugger rf regarding the financial stat S�°'4�vM1313 Motioned by Mayor.iPt '- :: subject to,sti stiff recommenz Motionapproved 7-0. CITIZEN'S C', MMENI 5. Other oinments There were no commentst REGULAR AGENDA PUBLIC HEARINGS the this item be pulled from by the public. agenda. He requester -iations be invited for (WH) be placed on fon the field for the Town and the Prosper consent agenda nhHehad a few questions for staff January 31, 2008. (RB) agenda. He had a few questions for staff ber Dugger to approve consent items b, e, and h 6. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of approximately 2106.592 acres of land being more generally located north of Hwy 380 and west of Fields Road. (MD) Motioned by councilmember Dugger, seconded by Councilmember to open the public hearing. Motion approved 7-0. Page 2 of 5 Mayor Niswanger opened the public hearing at 6:31 p.m. There were no comments by the public. Motioned by Councilmember Dugger, seconded by Councilmember Drown to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 6:32 p.m. 7. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of approximately 27.149 acres of land being more generally located ae st`l�'bf,,Good Hope Road and 1600'+ north of Hwy 380. (MD A Motioned by Deputy Mayor Pro-Tem Turley, seconded by Motion approved 7-0. Mayor Niswanger opened the public hearing at 6:32 p.m. There were no comments by the public. Motioned by Councilmember Wadsworth, seconded by Counci Motion approved 7-0. Mayor Niswanger closed the public hearing at 6: DEPARTMENT ITEMS 8. Recognition of Daren Inspection's 2007 Bui. Homes as First Runnel Up of the Award'`(BA) Wayne Snell, Building 9. Mike Landry item until he to open the public hearing. to close the public earing. as the recipient of the Building eider of Ryan Hartman Custom id Homes as Second Runner - of the Year awards. a'Y`resolution auffiMAng the Town Manager to enter into a Letter of and Karie Dalton for the Subdivision of three lots located in the southwest ion of Prosper Trail and Robinson Creek. (ML) Manager, gave council background information on this item. He request the council table the speak with the Town Attorney. 11 N^x ; Motioned by Council Motion approved 7-0. Dugger, seconded by Deputy Mayor Pro-Tem Turley to table the item. 10. Consider and act upon an ordinance adopting a Code of Ethics as required by the Town Charter. (ML) Matt Denton, Town Secretary, gave council background information on this item. Council discussed sections of the proposed Code of Ethics and requested changes. Motioned by Mayor Pro -Tern Bristol, seconded by Councilmember Dugger to table the item. Motion approved 7-0. Page 3 of 5 11. Consider and act upon a resolution to become a Public Safety Answering Point for 9-1-1 calls originating within the Town of Prosper. (KM) Kirk McFarlin, Police Chief, gave council background information on this item. Motioned by Mayor Niswanger, seconded by Councilmember Drown to approve the resolution. Motion approved 7-0. EXECUTIVE SESSION 12. Recess into Closed Session in compliance with Section 551.001 et. seq,,,,Wxas Government Code, to a. Section 551.087 to deliberate on economic developmennegotiahons regarding the Gates of Prosper project.v��; A, » b. Section 551.087 to discuss economic development negotiations for the suuster Retail Project. Motioned by Deputy Mayor Pro-Tem Turley, seconded byCoiincilmember bugger to recess into �elosed session. 1f.�,�. Motion approved 7-0. Council recessed into closed session at 7:01 p.m.gy;;g4., 13. Recon, Motioned by D session. Motic Council recon-v Motioned by amendment to Custer Retail ] Section 3.03(d; Motion app/Jrom a}iKYy 14. <.Possib result of the Closed Session. reconvene into regular o-Tem Turley to approve the fisrt to facilitate the development of the i one modification: in Paragraph 6 uture meeting. Councilmemb&k.Wadsworth requested items regarding the Development Council's recommendations and the Teen Curfew Ordinancerbe placed on a future agenda. Mike Land, To Manager, told council that pictures would be taken at the second meeting in March. Also, there nzs.. u a would be a joint meeting?with th6ISD Board on March 10, 2008. Land also request input from the council on the possibility of a joint meefith the P&Z regarding new development proposals. 15. Adjourn. Motioned by Councilmember Smith, seconded by Councilmember Dugger to adjourn. Motion approved 7-0. The meeting was adjourned at 8:13 p.m. Page 4 of 5 Attest: Matthew D. Denton, TRMC Town Secretary Charles Niswanger, Mayor Page 5 of 5 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: Sports Field Update — Town Council Mtg. February 28, 2008 Date: February 19, 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 has received notification from TPWD that the Town was not approved for the 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). It is Staff's intent to resubmit the application for a special "one-time" submittal on April 1st, at the suggestion of TPWD Staff. La Terra Studio has moved forward developing Concept "C" and submitted 30% plans including the grading plan. The anticipated bid date continues to be in 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. Agenda Item No. 4b - Page 1 of 3 The Town is continuing to wait on a response from PISD and PBK regarding the design process. This project has a tentative completion date of Summer of 09' for Phase I. Attached Documents: Concept"C" Town Staff Recommendation: No action needs to be taken on this item. Agenda Item No. 4b - Page 2 of 3 -OIL. tow-, Agenda Item No. 4b - Page 3 of 3 1SPER OWN OF P To: Mayor and Town Council From: Matthew D. Denton, Town Secretary CC: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council March 11, 2008 6:00 p.m. Re: Annexation of approximately 2106.592 acres of land generally located north of Hwy 380 and west of Fields Road. Description: Council accepted the petition for the voluntary annexation of approximately 2106.592 acres of land generally located north of Hwy 380 and west of Fields Road at their January 8, 2008 meeting. Two public hearings regarding the proposed annexation were conducted by Council at their February 12, 2008 and February 26, 2008 meetings. Following is an ordinance to annex the property. Recommendation: Staff recommends approval of the ordinance to annex the property. Agenda Item No. 4c - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO.08-xxx AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE C. SMITH SURVEY, ABSTRACT 1681, THE J. BATES SURVEY, ABSTRACT NO. 1620, THE L. SALING SURVEY, ABSTRACT NO. 1675, THE H. P. SURVEY, ABSTRACT NO. 1628, THE M.E.P. & P. RR SURVEY, ABSTRACT NO. 1476, THE P. BARNES SURVEY, ABSTRACT NO. 79, THE B. HADGES SURVEY, ABSTRACT NO. 593, THE A. B. JAMISON SURVEY, ABSTRACT NO. 672, THE B.B. WALTON SURVEY, ABSTRACT NO. 1369, THE T. BUTTON SURVEY, ABSTRACT NO. 88, THE P.R. RUE SURVEY, ABSTRACT NO. 1555, THE J. TETTER SURVEY, ABSTRACT NO. 1262, THE L. NETHERLY SURVEY, ABSTRACT NO. 962, THE B. RUE SURVEY, ABSTRACT NO. 1113, THE A. ROBERTS SURVEY, ABSTRACT NO. 1115, IN DENTON COUNTY, TEXAS, THE R. YATES SURVEY, ABSTRACT NO. 1538, THE L. RUE SURVEY, ABSTRACT NO. 1110, THE H. RUE SURVEY, ABSTRACT NO. 1111, THE J. MORTON SURVEY, ABSTRACT NO. 793 IN DENTON, TEXAS, CONTAINING APPROXIMATELY 2106.592 ACRES OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper ("Prosper") received a request from Forest City Land Group, to annex a tract of land containing approximately 2106.592 acres of land, more or less; and WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of Section 43.001, et seq. Local Government Code, investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the below -described property ("Property") to Prosper; and WHEREAS, the Town Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing town limits of Prosper; and WHEREAS, the Town Council finds that the field notes close the boundaries of the Property being annexed; and WEHREAS, the Town Council finds that the Property the subject of this Ordinance is one-half (1/2) mile or less in width; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is vacant and without residents or fewer than three (3) qualified voters reside thereon; and Page 1 WHEREAS, the Town Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the Town Council finds the public hearings were conducted on or after the fortieth (401h) day but before the twentieth (201h) day before the date of institution of the annexation proceedings; and WHEREAS, the Town Council finds it has completed the annexation process within ninety (90) days after the Town Council instituted annexation proceedings; and WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findingsrporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described in the attached Exhibit "A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Prosper. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5: Official Map and Boundaries Amended. That the official map and boundaries of Prosper are hereby amended to include the property as part of Prosper and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to Page 2 construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto. SECTION 7: Savings/Repealing Clause. 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 11TH DAY OF MARCH, 2008. ATTESTED TO AND CORRECTLY RECORDED BY: MATTHEW D. DENTON, TRMC TOWN SECRETARY CHARLES NISWANGER, MAYOR Page 3 ilEN dd ZZlz F g R TA r � e 3 ggs 5gg p ! a7�k B pR45ppp x®9gg ggg s� ��m9Ss9�9eHaH§a995ge39g9i339393g33i339339�Y434I3333g33i33Q333 i i I 1 i I i I I 1 I 1 I I I I I I 11 J ` 1 Y�pE li I� � I Y I �4 mwrwmm I I I i 1 r— i I I , --- 3s I � i � g44�g4�g4g�4�4�49��543��4�g�4�9g�9��Ja44B49�l�944�43 i�s333333339s5355g55539333335333g33i33533$9� TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 08-xx DATE OF ANNEXATION ORDINANCE: March 11, 2008 ACREAGE ANNEXED: Approximately 2106.592 acres SURVEY, ABSTRACT & COUNTY: C. SMITH SURVEY, ABSTRACT 1681, THE J. BATES SURVEY, ABSTRACT NO. 1620, THE L. SALING SURVEY, ABSTRACT NO. 1675, THE H. P. SURVEY, ABSTRACT NO. 1628, THE M.E.P. & P. RR SURVEY, ABSTRACT NO. 1476, THE P. BARNES SURVEY, ABSTRACT NO. 79, THE B. HADGES SURVEY, ABSTRACT NO. 593, THE A. B. JAMISON SURVEY, ABSTRACT NO. 672, THE B.B. WALTON SURVEY, ABSTRACT NO. 1369, THE T. BUTTON SURVEY, ABSTRACT NO. 88, THE P.R. RUE SURVEY, ABSTRACT NO. 1555, THE J. TETTER SURVEY, ABSTRACT NO. 1262, THE L. NETHERLY SURVEY, ABSTRACT NO. 962, THE B. RUE SURVEY, ABSTRACT NO. 1113, THE A. ROBERTS SURVEY, ABSTRACT NO. 1115, IN DENTON COUNTY, TEXAS, THE R. YATES SURVEY, ABSTRACT NO. 1538, THE L. RUE SURVEY, ABSTRACT NO. 1110, THE H. RUE SURVEY, ABSTRACT NO. 1111, THE J. MORTON SURVEY, ABSTRACT NO. 793, Denton County CURRENT PROPERTY OWNER: Forest City Land Group 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 I. 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 I. 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 '/z) 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 I. 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. 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. PIITOWN OF SPER To: Mayor and Town Council From: Matthew D. Denton, Town Secretary CC: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council March 11, 2008 6:00 p.m. Re: Annexation of approximately 27.149 acres of land generally located +1600 north of Hwy 380 and east of Good Hope Road. Description: Council accepted the petition for the voluntary annexation of approximately 27.149 acres of land generally located +1600 north of Hwy 380 and east of Good Hope Road at their January 8, 2008 meeting. Two public hearings regarding the proposed annexation were conducted by Council at their February 12, 2008 and February 26, 2008 meetings. Following is an ordinance to annex the property. Recommendation: Staff recommends approval of the ordinance to annex the property. Agenda Item No. 4d - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO.08-xxx AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN J. BATES SURVEY, ABSTRACT NO. 1620 AND, DENTON COUNTY, TEXAS, CONTAINING APPROXIMATELY 27.149 ACRES OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE - DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper ("Prosper") received a request from Forest City Land Group, to annex a tract of land containing approximately 27.149 acres of land, more or less; and WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of Section 43.001, et seq. Local Government Code, investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the below -described property ("Property") to Prosper; and WHEREAS, the Town Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing town limits of Prosper; and WHEREAS, the Town Council finds that the field notes close the boundaries of the Property being annexed; and WEHREAS, the Town Council finds that the Property the subject of this Ordinance is one-half (1/2) mile or less in width; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is vacant and without residents or fewer than three (3) qualified voters reside thereon; and WHEREAS, the Town Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Page 1 WHEREAS, the Town Council finds the public hearings were conducted on or after the fortieth (401h) day but before the twentieth (201h) day before the date of institution of the annexation proceedings; and WHEREAS, the Town Council finds it has completed the annexation process within ninety (90) days after the Town Council instituted annexation proceedings; and WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION l: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described in the attached Exhibit "A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Prosper. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit `B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5: Official Map and Boundaries Amended. That the official map and boundaries of Prosper are hereby amended to include the property as part of Prosper and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm Page 2 or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto. SECTION 7: Savings/Repealing Clause. 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS I lth DAY OF March, 2008. ATTESTED TO AND CORRECTLY RECORDED BY: MATTHEW D. DENTON, TRMC TOWN SECRETARY CHARLES NISWANGER, MAYOR Page 3 =�d ddd d d- �8F§ hi 11 3111 lilt gtffiltka g3g3 pg3gpi�BE�a g�ggp��E R}pR�p ggg�pk �®� 4Egjg�g4�g44 j�yesa��se9e5939999�9559399999§95934§5�94��4�41431Q69§3Q§§3✓4§ I I I I I I I I I I I I I � I I g I I I I I 9 ^� 01OIlRVUWfI r aI I � 9 I I I I �J � I 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 March 11, 2008 Approximately 27.149 acres J. Bates Survey, Abstract 1620, Denton County Forest City Land Group 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 I. 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 ''/z) 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. PLANNING p TOWN ER. 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 — March 11, 2008 Date: March 4, 2008 Agenda Item: A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a mini - warehouse on 5.4t acres (Prosper Commons, Block A, Lot 2), located on the east side of Prosper Commons Boulevard, 250t feet south of Richland Boulevard. (S08-1). History: At their July 11, 2006 meeting, the Town Council voted to approve a request for a Specific Use Permit (SUP) for a mini -warehouse on Prosper Commons, Block A, Lot 2, by a vote of 4-1. Staff has attached the ordinance adopting the SUP for mini -warehouse on the property (ordinance #06-77). In December 2007, the applicant submitted a preliminary site plan showing a significant increase in the square footage of the mini -warehouse facility from the approved SUP exhibit attached to ordinance #06-77. The Zoning Ordinance limits any increases in square footage from the approved SUP to a maximum of 10%. The applicant's preliminary site plan submittal increases the square footage from the approved SUP exhibit by more than 10%. Therefore, a new SUP is required. The applicant has also chosen to change the property boundaries from the previously approved SUP. Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Commercial Undeveloped Regional Retail/Highway 380 District East Planned Development-2- Undeveloped Regional Retail Commercial/Retail South Commercial Undeveloped Regional Retail/Highway 380 District West Planned Development-2- Undeveloped Highway 380 District Commercial/Retail Agenda Item No. 6 - Page 1 of 3 Requested Zoning — S08-1 is a request for a Specific Use Permit (SUP) for a mini -warehouse on 5.4t acres (Prosper Commons, Block A, Lot 2). The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP request. These criteria, as well as staffs responses for each, are below: 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? The surrounding properties are zoned for commercial and retail uses. A preliminary site plan has been approved on the property to the east for over 150,000 square feet of retail at the corner of Coit Road and U.S. 380. Final site plans for an 11,000 square foot retail building and a motor vehicle service (Discount Tire) have been approved on the properties to the south. North of the property, on the north side of Richland Boulevard, a final site plan for 620 multifamily units (Estates/Mansions of Prosper) has been approved. The mini - warehouse will provide storage services for residents of the Estates/Mansions of Prosper, Lakes of La Cima, and other single family subdivisions along First Street and Coit Road. The use is harmonious and compatible with the surrounding existing and proposed uses. 2. Are the activities requested by the applicant normally associated with the requested use? The activities requested by the applicant, as shown on Exhibit B, are normally associated with the use of mini -warehouse. 3. Is the nature of the use reasonable? The property does not have frontage onto U.S. 380, Coit Road, or Richland Boulevard. The property is not an optimal location for retail uses. Therefore, the nature of the use is reasonable. 4. Has any impact on the surrounding area been mitigated? The applicant will have to provide landscape setbacks and landscaping on all four sides of the property per the Zoning Ordinance. SUP Exhibit B, shows an eight foot screening wall along the perimeter of the property. SUP Exhibit C shows a living screen on the east and west sides of storage building #2 as requested by the Planning & Zoning Commission. The impact on the surrounding area will be mitigated. This request satisfies the review criteria for SUP approval. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Regional Retail/Highway 380 District uses for the property. Regional Retail/Highway 380 District calls for establishments which sell goods and services, including retail uses, offices, hotels, restaurants, sports/fitness facilities, auto dealerships, meeting facilities, hospitals, vehicular services, and warehouse facilities. The use of mini -warehouse is appropriate on this property. The SUP request conforms to the FLUP. Conformance to the Future Thoroughfare Plan — The property is adjacent to Prosper Commons Boulevard. Prosper Commons Boulevard is a commercial collector and is not shown on the Future Thoroughfare Plan. Water and Sanitary Sewer Services — Water and sanitary sewer service have been extended to the property. Access — Access to the property will be provided from Prosper Commons Boulevard and through cross access from the south. Adequate access is provided to the property. Schools — This property is located within the Prosper Independent School District (PISD). Schools are generally located in residential areas. Due to the proposed non-residential development of this property, it is not anticipated that a school site will be needed on this property. Agenda Item No. 6 - Page 2 of 3 Parks — Neighborhood parks are typically located within residential neighborhoods and away from major thoroughfares. This property is not an ideal location for a park due to its proximity to Prosper Commons Boulevard and U.S. 380 and due to the existing zoning. It is not anticipated that this property will be needed for the development of a park. Environmental Considerations — There is no 100-year floodplain located on the property. Budget Impact: There are no significant budget implications associated with the approval of this SUP 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 not received any reply forms. Attached Documents: 1. Ordinance #06-77. 2. SUP Exhibits A, B, C, D. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission tabled the public hearing at their February 5, 2008 meeting, in order for the applicant to provide a landscape screening exhibit (Exhibit C) and a conceptual fagade plan exhibit (Exhibit D). The applicant has provided the exhibits and are attached to the staff report. At their February 19, 2008 meeting, the Planning & Zoning Commission recommended that the Town Council approve the requested zoning by a vote of 5-0. Town Staff Recommendation: Town staff recommends that the Planning & Zoning Commission approve the request for a Specific Use Permit (SUP) for a mini -warehouse on 5.4t acres (Prosper Commons, Block A, Lot 2) as shown on SUP Exhibits A, B, C, and D. Agenda Item No. 6 - Page 3 of 3 TOWN OF PROSPER, TEXAS ORDINANCE NO.06- 99 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 4.832 ACRES, MORE OR LESS, SITUATED IN THE HARRISON JAMIISON SURVEY, ABSTRACT NO. 480, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED COMMERCIAL (C) DISTRICT IS HEREBY REZONED TO COMMERCIAL DISTRICT WITH SPECIFIC USE PERMIT (SUP) FOR MINI- WARMHOUSE/PUBLIIC STORAGE 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 Mooreland Development Company ("Applicant') to rezone 4.832 acres of land, more or less, situated in the Harrison Jamison Survey No. 12, Abstract No. 480, 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 property containing 0.161 acre of land, more or less, situated in the Harrison Jamison Survey No. 12, Abstract No. 480, Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Commercial (C) District with Specific Use Permit (SUP) for Mini-Warehouse/Public Storage Uses. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property within this Specific Use Permit must conform to the Conceptual Development Plan attached hereto as Exhibit `B", which is incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Specific Use Permit shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. 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 District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200) of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: 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: Saving, /Reg_ealina Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 25 h DAY OF JULY, 2006. ATTESTED TO AND CORRECTLY RECOI Denton, Town Secretary APPROVED AS TO FORM: Charles Niswanger, Mayor ♦,�o�Q9�1010�� 0o� OF PRO kf®o 0 t�°,,.r,...°j�O s A 0®® Q�O° °°o�� ®o 4 � e° �0 m eft e °• m c 00 r O d_ * 30 pQ O 0 CM, ,; p 8 O °° coo Ctb °°°0Qe°°ad° Trims ®® ®®�A®10 1 1 ,®®®®®® DATE OF PUBLICATION4 1 c�� r , Dallas Morning News — Collin County Addition E'AKILJLBIT "'A" LEGAL DESCRIPTION 4.832 ACRES BEING a tract of land located in the HARRISON JAMISON SURVEY, ABSTRACT NO.480, Collin County, Texas and being apart of a tract of land described as Tract I in Deed to Mooreland Fund III 380 Comm Office, L.P., recorded in Volume 6072, Page 4058, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found at the Northeast corner of said Tract 1, and the Northwest corner of a tract of land described as Tract One in Deed to Mustang -Midway Plano, L.T.D. recorded in Document No. 96-0038753, Deed Records, Collin County, Texas, and the Southwest corner of a tract of land described as Tract 2 in Deed to Mooreland Fund III 380 Comm Office, L.P., recorded in Volume 6072, Page 4058, Deed Records, Collin County, Texas, and the Southeast comer of a tract of land Described in Deed to Mooreland Development Company, Inc., recorded in Document No. 20060216000209310, Deed Records, Collin County, Texas; THENCE Southerly, along the common line of said Tract 1 described in Deed to Mooreland Fund III 380 Comm Office, L.P. and said Mustang -Midway Plano tract, the following two (2) courses and distances: South 49 degrees 57 minutes 41 seconds West, a distance of 72.80 feet to 1/2 iron rod with a yellow plastic cap stamped "DAA" found at the POINT OF BEGINNING of the tract herein described; South 49 degrees 57 minutes 41 seconds West, a distance of 744.58 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA' found at an Easterly ell corner of said Tract 1 described in Deed to Mooreland Fund 111380 Comm Office, L.P.; THENCE South 01 degrees 22 minutes 16 seconds East, a distance of 100.65 feet to a point for corner; THENCE South 88 degrees 34 minutes 45 seconds West, a distance of 249.55 feet to a point for corner on the Western property line of a tract of land described in Deed to Prosper Hillcrest 60, Ltd., recorded in Volume 5981, Page 3696, Deed Records, Collin County, Texas; THENCE North 01 degrees 25 minutes 15 seconds West, along said property line, a distance of 315.33 feet to point for corner; THENCE North 88 degrees 34 minutes 45 seconds East, leaving said West line, a distance of 249.82 feet to a point for comer; THENCE North 01 degrees 22 minutes 16 seconds West, a distance of 250.00 feet to a point for corner; THENCE North 88 degrees 34 minutes 45 seconds East, a distance of 581.35 feet to the POINT OF B EGI(NNIING and containing 4.832 acres of land, more or less. 7ta ti3nmos 9 CO@1i5a1'ISOftAb SA�IHi04Y1t:0Ytn rrv•a+ne•nn 9 9 e N -1 a $a � �a ai�� g • g$ , I PLANNING p T SPER. 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 — March 11, 2008 Date: March 4, 2008 Agenda Item: A public hearing to consider and act upon a request to rezone 2,120.5t acres, located on the north side of U.S. 380 and the west side of Fields Road, from Agricultural (A) to Planned Development -Single Family/Mixed Use/Retail (PD-SF/M/R). (Z08-1). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Outside of Town Limits Undeveloped City of Celina ETJ Low Density Residential; Single Family; Medium Density East Outside of Town Limits Undeveloped Residential; Commercial Boulevard District; Industrial South Outside of Town Limits Undeveloped City of Frisco West Outside of Town Limits; Single Family; Medium Density Agricultural Undeveloped Residential; Industrial Requested Zoning — Z08-1 is a request to rezone 2,120.5t acres, located on the north side of U.S. 380 and the west side of Fields Road, from Agricultural (A) to Planned Development -Single Family/Mixed Use/Retail (PD-SF/M/R). The purpose of the rezoning is to zone the Mahard Ranch property in conformance with the Preannexation Agreement that was approved by the Town Council on November 27, 2007. The Preannexation Agreement states "The Parties contemplate that the Town will zone the Properties as a Planned Development (PD) District following annexation in a manner that is consistent with the Conceptual Development Plan and Development Standards, and the Town agrees, to the maximum extent permitted by law, to Agenda Item No. 7 - Page 1 of 2 zone each portion of the Properties annexed into the Town as a PD that is consistent with the Conceptual Development Plan and Development Standards." The proposed Planned Development would allow for the development of three hundred (300) multifamily units, three hundred (300) townhome units, seven hundred fifty (750) 8,000 square foot single family residential lots, one thousand one hundred (1,100) 9,000 square foot single family residential lots, one thousand one hundred (1,100) 10,500 square foot single family residential lots, and five hundred fifty (550) 12,500 square foot single family residential lots, and a maximum of 250 acres of retail/mixed use on the property. The proposed Planned Development conforms to the Preannexation Agreement that was approved by the Town Council on November 27, 2007. Conformance to the Future Thoroughfare Plan — The anticipated location of future thoroughfares will be determined through the general development plan process described in the Preannexation Agreement. Water and Sanitary Sewer Services — Water and sewer service will have to be extended to the property before development. Access —Adequate access is provided to the property. Schools — Anticipated school locations will be determined through the general development plan process described in the Preannexation Agreement. Parks — Anticipated park locations will be determined through the general development plan process described in the Preannexation Agreement. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: The proposed zoning conforms to the Preannexation Agreement, which was reviewed by the Town Attorney. Notification was provided to neighboring property owners as required by State law. Staff has received one reply form, with none in opposition of the request. Attached Documents: 1. Zoning Exhibits A, B, C, D, E, and F. 2. A copy of the approved Mahard Ranch Preannexation Agreement. 3. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their February 19, 2008 meeting, the Planning & Zoning Commission recommended that the Town Council approve the requested zoning by a vote of 5-0. Town Staff Recommendation: Town staff recommends that the Town Council approve the requested zoning as Planned Development -Single Family/Mixed Use/Retail (PD-SF/M/R). Agenda Item No. 7 - Page 2 of 2 Submittal Documents in Support of MAHARD RANCH (subject to name change prior to final approval) A Planned Development District in the Town of Prosper, Texas January 7, 2008 Revised January 23, 2008 Planned Development District - Mahard Ranch, Town of Prosper, Texas Page 1 of 84 TABLE OF CONTENTS Page EXHIBIT "A" - Legal Descriptions 3 EXHIBIT "B" - Statement of Intent and Purpose 14 EXHIBIT "C" - Development Standards 1. Amenity Program 15 2. Single -Family Residential 21 3. Mixed Use 41 4. General Requirements 55 EXHIBIT "D" - Concept Plan 58 EXHIBIT "E" - Development Schedule 59 EXHIBIT "F" - Illustrative Elevations and Plans 60 Planned Development District - Mahard Ranch, Town of Prosper, Texas Page 2 of 84 EXHIBIT "A" Legal Descriptions for Mahard Ranch Town of Prosper Texas EXHIBIT "A-1" Legal Description of the Mahard Property BEING a tract of land out of the C. SMITH SURVEY, Abstract No. 1681, the J. BATES SURVEY, Abstract No. 1620, the L. SALING SURVEY, Abstract No. 1675, the H.P. SALING SURVEY, Abstract No. 1628, the M.E.P. & P. RR SURVEY, Abstract No. 1476, P. BARNES SURVEY, Abstract No. 79, the B. HADGES SURVEY, Abstract No. 593, the A.B. JAMISON SURVEY, Abstract No. 672, the B.B. WALTON SURVEY, Abstract No. 1369, the T. BUTTON SURVEY, Abstract No. 88, the P.R. RUE SURVEY, Abstract No. 1555, the J. TETTER SURVEY, Abstract No. 1262, the L. NETHERLY SURVEY, Abstract No. 962, the B. RUE SURVEY, Abstract No. 1113, the A. ROBERTS SURVEY, Abstract No. 1115, in Denton County, Texas, the R. YATES SURVEY, Abstract No. 1538, the L. RUE SURVEY, Abstract No. 1110, the H. RUE SURVEY, Abstract No. 1111, the J. MORTON SURVEY, Abstract No. 793, in Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0063826 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 20041-0024459 of the Real Property Records of Denton County, Texas, being part of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004- 0014699 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0014698 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2005-0014700 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0046720 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0024462 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0024458 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0050900 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1936, Page 145 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1618, Page 329 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 547, Page 394 of the Deed Records of Denton County, Texas, being part of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1332, Page 176 of the Real Property Records of Denton County, Texas, being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 779, Page 665 of the Deed Records of Denton County, Texas, being all of the tract of land described in deed to Ernest Mahard recorded in Volume 1938, Page 931 of the Real Property Records of Denton County, Texas being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1149, Page 500 of the Deed Records of Denton County, Texas, and being more particularly described as follows: Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1" Page 3 of 84 BEGINNING at a TXDOT monument found in the north right-of-way line of U.S. Highway No. 380, said monument being the northeast corner of a tract of land described in deed to the State of Texas recorded in Volume 4769, Page 1768 of the Real Property Records of Denton County, Texas; THENCE with said north right-of-way line, the following courses and distances to wit: South 88°35'51" West, a distance of 3483.13 feet to a TXDOT monument found; North 46°16'16" West, a distance of 83.68 feet to a fence post in the east line of Good Hope Road (no dedication recordation found); THENCE with said east line and along a fence, North 00°25'46" West, a distance of 1453.36 feet to a fence corner found in the south line of a 25.44 acre tract of land described in deed to Nathan Goodlet recorded in Volume 3329, Page 825 of the Real Property Records of Denton County, Texas; THENCE with said south line, North 88056'49" East, a distance of 1435.64 feet to a 3/8" iron rod found for corner; THENCE with the east line of said 25.44 acre tract, North 00030'13" West, a distance of 819.11 feet to a 1/2" iron rod found for corner; THENCE with the north line of said 25.44 acre tract, South 89035'17" West, a distance of 1430.32 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" (hereinafter called 5/8" iron rod set) for corner in the east line of said Good Hope Road: THENCE with said east line, North 00008'13" West, a distance of 1236.96 feet to a fence corner in the south line of a tract of land described in deed to Judy Reeves; THENCE with the south line of said Reeves tract, North 89014'55" East, a distance of 940.90 feet to a 5/8" iron rod set for corner; THENCE with the east line of said Reeves tract, North 00040'52" West, a distance of 197.22 feet to a 1/2" iron rod found for corner in the south line of Fish Trap Road (no dedication recordation found); THENCE with said south line, North 88059'28" East, a distance of 815.80 feet to a 1/2" iron rod found for corner; THENCE leaving said south line, North 00006'59" West, a distance of 36.44 feet to a pk nail found in the centerline of said Fish Trap Road; THENCE along the centerline of said Fish Trap Road, South 89004'04" West, a distance of 1776.99 feet to a pk nail set for the intersection of the centerline of said Fish Trap Road and the centerline of said Good Hope Road; THENCE along the centerline of said Good Hope Road, South 00015'35" East, a distance of 3735.79 feet to a pk nail set in the north right-of-way line of said U.S. Highway No. 380; THENCE with said north right-of-way line, the following courses and distances to wit: South 44002'02" West, a distance of 114.60 feet to a TXDOT monument found; South 88035'51" West, a distance of 2062.12 feet to a 5/8" iron rod set for corner; Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1" Page 4 of 84 South 88050'58" West, a distance of 100.00 feet to a 5/8" iron rod set for corner; South 89009'27" West, a distance of 22.39 feet to a 5/8" iron rod set for comer; North 45050'38" West, a distance of 111.42 feet to a pk nail set in the centerline of Gee Road (no dedication recordation found); THENCE with said centerline, North 00001'02" West, a distance of 1114.87 feet to a pk nail set; THENCE with the easterly most north line of a 106.26 acre tract of land described in deed to Judy Gee recorded in Volume 3130, Page 794 of the Real Property Records of Denton County, Texas, part of the way, South 89033'35" West, a distance of 1098.63 feet to a fence corner found; THENCE along a fence, North 12040'03" East, a distance of 2150.51 feet to a fence corner found for the northwest corner of a 5.34 acre tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1936, Page 145 of the Real Property Records of Denton County, Texas; THENCE the following courses and distances to wit: North 88030'03" West, a distance of 451.90 feet to a 5/8" iron rod set for corner; North 59057'10" West, a distance of 66.21 feet to a 5/8" iron rod set for comer; North 27'15'28" West, a distance of 207.89 feet to a 5/8" iron rod set for corner; South 79058'04" West, a distance of 116.69 feet to a 5/8" iron rod set for corner; South 17011'21" West, a distance of 12.96 feet to a 5/8" iron rod set for comer; North 65016'52" West, a distance of 66.04 feet to a 5/8" iron rod set for the northerly most corner of said 106.26 acre tract; THENCE with the west lines of said 106.26 acre tract, the following courses and distances to wit: South 31 °55'38" West, a distance of 494.24 feet to a 5/8" iron rod set for corner; South 57°52'02" East, a distance of 601.93 feet to a Corp of Engineers monument found; South 31 °24'02" West, a distance of 1854.30 feet to a Corp of Engineers monument found; South 31 °27'22" West, a distance of 302.61 feet to a 5/8" iron rod set for the northeast corner of a 0.78 acre tract of land described in deed to the City of Irving recorded in Volume 4871, Page 5128 of the Real Property Records of Denton County, Texas; THENCE the lines of said 0.78 acre tract, the following courses and distances to wit: North 73029'41" West, a distance of 241.29 feet to a 1/2" iron rod found for corner; South 21 °58'41" West, a distance of 181.00 feet to a 5/8" iron rod set for corner; South 73°29'27" East, a distance of 67.00 feet to a 5/8" iron rod set for comer; North 22020'38" East, a distance of 41.52 feet to a 5/8" iron rod set for comer; South 75057'16" East, a distance of 152.12 feet to a 1/2" iron rod found in the west line of said 106.26 acre tract; THENCE with said west line and along a fence part of the way, South 31 °27'22" West, a distance of 877.59 feet to a 5/8" iron rod set for corner in the north right-of-way line of said U.S. Highway No. 380 THENCE with said north right-of-way line, North 88048'55" West, a distance of 587.44 feet to a 5/8" iron rod set for the southeast corner of a 61.2 acre tract of land described in deed to M. Planned Development District - Mahard Ranch, Town of Prosper, Texas - Exhibit "A-1" Page 5 of 84 Taylor Hansel recorded in Denton County Clerk's File No. 94-R0091793 of the Real Property Records of Denton County, Texas; THENCE with the east lines of said Hansel tract, the following courses and distances to wit: North 08056'01" East, a distance of 240.78 feet to a 5/8" iron rod set for corner; North 55°59'01" East, a distance of 132.20 feet to a 5/8" iron rod set for corner; South 20*18'01" West, a distance of 155.70 feet to a 5/8" iron rod set for corner; South 80°49'59" East, a distance of 88.40 feet to a 5/8" iron rod set for comer; North 45*13'01" East, a distance of 261.10 feet to a 5/8" iron rod set for corner; South 62015'59" East, a distance of 216.20 feet to a 5/8" iron rod set for corner; North 15*04'01" East, a distance of 184.70 feet to a 5/8" iron rod set for corner; North 56°01'01" East, a distance of 183.40 feet to a 5/8" iron rod set for corner; North 18°07'01" East, a distance of 197.90 feet to a 5/8" iron rod set for corner; North 73°19'59" West, a distance of 688.80 feet to a Corp of Engineers monument found for the southeast corner of a 107.57 acre tract of land described in deed to Fish Trap Properties, Ltd., recorded in Volume 4626, Page 2922 of the Real Property Records of Denton County, Texas; THENCE with the east lines of said 107.57 acre tract, the following courses and distances to wit: North 29002'03" East, a distance of 67.81 feet to a 5/8" iron rod set for comer; North 22004'26" East, a distance of 710.31 feet to a Corp of Engineers monument found; North 33000'31" East, a distance of 221.33 feet to a Corp of Engineers monument found; North 58030'15" West, a distance of 249.63 feet to a Corp of Engineers monument found for the southeast corner of a 43.07 acre tract of land described in deed to Billy Jeter recorded in Volume 2125, Page 729 of the Real Property Records of Denton County, Texas; THENCE with the east lines of said 43.07 acre tract, the following courses and distances to wit: North 07055'24" East, a distance of 669.72 feet to a 5/8" iron rod set for corner; South 75°24'16" East, a distance of 402.59 feet to a Corp of Engineers monument found; North 19028'37" West, a distance of 739.75 feet to a Corp of Engineers monument found; North 35034'01" East, a distance of 531.05 feet to a Corp of Engineers monument found; North 02°04'22" West, a distance of 172.83 feet to a fence post found in the south line of a 57.55 acre tract of land described in deed to G&S Landscaping recorded in Volume 5114, Page 1398 of the Real Property Records of Denton County, Texas; THENCE with said south line, South 77028'43" East, a distance of 553.04 feet to a Corp of Engineers monument found; THENCE with the east line of said 57.55 acre tract and the east line of two tracts of land described in deed to Mary Weber recorded in Denton County Clerk's File No. 94-R0031655 of the Real Property Records of Denton County, Texas, the following courses and distances to wit: North 01 007'34" East, a distance of 278.92 feet to a 5/8" iron rod found; North 01 004'49" East, a distance of 510.59 feet to a Corp of Engineers monument found; North 00057'07" West, a distance of 149.86 feet to a Corp of Engineers monument found; North 00006'44" East, a distance of 1393.34 feet to a 1/2" iron rod found for corner; Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1" Page 6 of 84 North 89049'12" West, a distance of 505.03 feet to a fence corner found in the east line of a 58.44 acre tract of land described in deed to Benny Nobles recorded in Volume 2299, Page 94 of the Real Property Records of Denton County, Texas; THENCE with said east line, North 00050'11" West, a distance of 810.75 feet to a fence corner found in the south line of a 99.5 acre tract of land described in deed to Rue Family Trust recorded in Volume 5032, Page 3961 of the Real Property Records of Denton County, Texas; THENCE with the south and east lines of said 99.5 acre tract and the south line of a 90 acre tract of land described in deed to Rue Family Trust recorded in Volume 5032, Page 3961 of the Real Property Records of Denton County, Texas the following courses and distances to wit: North 8901 T21" East, a distance of 1389.64 feet to a 5/8" iron rod set for corner; North 03°32'47" West, a distance of 929.90 feet to a 5/8" iron rod set for corner; South 85047'35" West, a distance of 228.77 feet to a 1/2" iron rod found for corner; North 02*06'10" East, a distance of 1767.38 feet to a 3/8" iron rod found for corner; South 88*23'11" East, a distance of 1111.78 feet to a 5/8" iron rod set for in the west line of a 319.00 acre tract of land described in deed to Sammy Carey recorded in Volume 2336, Page 5411 of the Real Property Records of Denton County, Texas; THENCE with said west line, South 00010'32" West, a distance of 125.32 feet to a 5/8" iron rod set for corner; THENCE with the south line of said 319.00 acre tract and the south line of a 5 acre tract of land described in deed to M.B. Allen recorded in Volume 375, Page 395 of the Deed Records of Denton County, Texas, North 88058'42" East, a distance of 2644.03 feet to a 1/2" iron rod found in the centerline of said Good Hope Road; THENCE along said centerline, North 00048'31" West, a distance of 992.40 feet to a 1/2" iron rod found for corner; THENCE with the south line of the tract of land described in deed to the Good Hope Church and continuing along Good Hope Road, South 89038'27" East, a distance of 457.50 feet to a 5/8" iron rod set in the east line of said Good Hope Road; THENCE with the east line of said Good Hope Road, the following courses and distances to wit: North 01 047'00" West, a distance of 935.34 feet to a 5/8" iron rod set for corner; North 00015'22" West, a distance of 1726.79 feet to a 5/8" iron rod set for an ell corner in the south line of a 100 acre tract of land described in deed to Bruce Jackson recorded in Volume 4910, Page 2975 of the Real Property Records of Denton County, Texas; THENCE with the south line of said 100 acre tract, the south line of a 134.58 acre tract of land described in deed to Little Elm Ranch Corporation recorded in Volume 5416, Page 3334 of the Real Property Records of Denton County, Texas, and the south line of a tract of land described in deed to Salvador Buentello recorded in Volume 2633, Page 648 of the Real Property Records of Denton County, Texas, North 89042'25" East, a distance of 1545.14 feet to a 5/8" iron rod set in the centerline of a Parvin Road (no dedication recordation found); THENCE along said centerline and with the south line of said Buentello tract, the following courses and distances to wit North 70058'34" East, a distance of 76.26 feet to a 5/8" iron rod set for comer; North 74005'38" East, a distance of 206.69 feet to a 5/8" iron rod set for corner; Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1" Page 7 of 84 North 77025'29" East, a distance of 112.34 feet to a 1/2" iron rod found for corner; North 01 °25'12" East, a distance of 17.04 feet to a 5/8" iron rod set for comer; THENCE continuing along said centerline, the south line of said Buentello tract, the south line of a 1.75 acre tract of land described in deed to Donna Jackson recorded in Denton County Clerk's File No. 2004-0086324 of the Real Property Records of Denton County, Texas, the south line of a 2.5 acre and 14.87 acre tracts of land described in deed to Jose Gutierrez recorded in Denton County Clerk's File No. 2004-0139581 of the Real Property Records of Denton County, Texas, and the south line of a 15 acre tract of land described in deed to William Kramer, the following courses and distances to wit: North 89°08'54" East, a distance of 1300.08 feet to a 1/2" iron rod found for corner; North 89007'58" East, a distance of 3455.35 feet to a 1/2" iron rod found for the northwest corner of a 100 acre tract of land described in deed to RH-TWO, LP recorded in Denton County Clerk's File No. 2004-0086307 of the Real Property Records of Denton County, Texas; THENCE with the west line of said 100 acre tract, South 00040'06" West, a distance of 2809.18 feet to a 1/2" iron rod found in the centerline of Prosper Road (no dedication recordation found); THENCE with said centerline, South 89024'09" West, a distance of 3412.04 feet to a 1/2" iron rod found for corner; THENCE leaving said centerline, North 00012'44" West, a distance of 16.61 feet to a 5/8" iron rod set in the north line of said Prosper Road; THENCE with said north line, South 89°49'30" West, a distance of 298.97 feet to a 5/8" iron rod set in the east line of a 5 acre tract of land described in deed to Curtis McDaniel recorded in Volume 354, Page 271 of the Deed Records of Denton County, Texas; THENCE with the lines of the remainder of said 5 acre tract, the following courses and distances to wit: North 00015'22" East, a distance of 214.38 feet to a 5/8" iron rod set for corner; South 89047'16" West, a distance of 318.73 feet to a 5/8" iron rod set for corner; South 33013'36" East, a distance of 218.94 feet to a 5/8" iron rod set for corner; South 72026'17" East, a distance of 198.56 feet to a 5/8" iron rod set in the centerline of Fields Road (no dedication recordation found); THENCE along said centerline, the following courses and distances to wit: South 00002'02" West, a distance of 1534.38 feet to a 5/8" iron rod set for corner; South 00008'41" East, a distance of 1196.19 feet to a 1/2" iron rod found for corner; South 00019'01" East, a distance of 1051.65 feet to a 1/2" iron rod found for corner; South 00046'08" West, a distance of 705.12 feet to a 5/8" iron rod set for corner; South 20037'31" East, a distance of 96.22 feet to a 5/8" iron rod set for corner; South 28015'33" East, a distance of 189.49 feet to a 3/8" iron rod found for corner; South 02006'04" East, a distance of 1803.07 feet to a 1" iron rod found for corner; South 00*06'17" East, a distance of 1284.69 feet to a 5/8" iron rod set for corner; South 00006'37" West, a distance of 1042.41 feet to a 5/8" iron rod set for corner; THENCE leaving the centerline of said Fields Road, South 89011'26" West, a distance of 21.20 feet to a 5/8" iron rod set in the west line of said Field Road; Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1" Page 8 of 84 THENCE with said west line, the following courses and distances to wit: South 00°00'27" West, a distance of 1396.62 feet to a fence corner; South 41 °23'46" West, a distance of 87.55 feet to the POINT OF BEGINNING and containing 2106.592 acres of land. Bearing system based North Central Zone of the Texas State Plane Coordinate System. SAVE AND EXCEPT Being all of that certain lot, tract or parcel of land located in the B. Rue Survey, Abstract No. 1113, Denton County, Texas, and being a portion of a called 76 acre tract of land described as Tract Three in deed to Mahard 2003 Partnership, L.P., recorded in County Clerks File No. 2004- 0050900, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found at an ell corner in the south line of a called 100 acre tract of land described in deed to Bruce Jackson, et al, recorded in Volume 4910, Page 2975, Real Property Records, Denton County, Texas, same being the northwest corner of said Mahard 2003 Partnership, L.P. tract; THENCE North 89042'25" East, along the north line of said Mahard 2003 Partnership, L.P. tract and passing at a distance of 583.33 feet the common southern corner of said Bruce Jackson, et al tract and a called 134.58 acre tract of land described in deed to Little Elm Ranch Corporation, recorded in Volume 5416, Page 3334, Real Property Records, Denton County, Texas, passing again at a distance of 834.26 feet the common southern corner of said Little Elm Ranch Corporation tract, and a tract of land described in deed to Salvador Buentello, recorded in Volume 2633, Page 648, Real Property Records, Denton County, Texas, and continuing for a total distance of 1,545.14 feet to a 5/8" iron rod found for corner in the present centerline of Parvin Road (no record of dedication found) at the beginning of a non -tangent curve to the left, having a radius of 1,206.88 feet, a central angle of 19032'21", and a chord bearing and distance of South 58°53'46" West, 409.58 feet; THENCE in a southwesterly direction, along the present centerline of said Parvin Road and passing through said Mahard 2003 Partnership, L.P. tract the following five (5) courses and distances: 1) Along said non -tangent curve to the left, an arc length of 411.57 feet; 2) South 49004'47" West, a distance of 322.13 feet to the beginning of a curve to the right, having a radius of 355.51 feet, a central angle of 34057'47", and a chord bearing and distance of South 71 °08'48" West, 213.59 feet; 3) Along said curve to the right, an arc length of 216.94 feet; 4) South 88°37'42" West, a distance of 557.23 feet to the beginning of a curve to the left, having a radius of 410.55 feet, a central angle of 27036'35", and a chord bearing and distance of South 75008'34" West, 195.93 feet; 5) Along said curve to the left, an arc length of 197.83 feet to the east line of Good Hope Road (no record of dedication found), same being the most southerly southeast corner of said Bruce Jackson, et al tract; THENCE North 00015'22" West, along the most southerly east line of said Bruce Jackson, et al tract, a distance of 547.29 feet to the Place of Beginning and containing 575,223 square feet or 13.205 acres of land. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1" Page 9 of 84 EXHIBIT "A-2" Legal Description of the FC Prosper Property TRACT ONE A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County, Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a deed filed for record in Volume 3329 at Page 820 of the Deed Records of Denton County, Texas. Said tract of land being more particularly described by metes and bounds as follows: Beginning at a 5/8" rebar with a cap marked "KHA" found on the monumented East right-of-way line of Good Hope Road, for the common West corner of the tract of land herein described and a called 100.00 acre tract of land conveyed to E. Mahard, Jr. by a deed filed for record at County Clerk's instrument Number 93-R0049966 of the Deed Records of Denton County, Texas; Thence N 00°20'14" W, along the aforementioned monumented East right-of-way line, 388.18 feet to a '/2" rebar in concrete found for a common corner of the tract of land herein described and a called 0.507 acre tract of land and conveyed to N. J. Goodlet, et ux by a deed filed for record in Volume 1230 at Page 351 of the Deed Records of Denton County, Texas; Thence N 86°19'09" E, along the common boundary line of the tract of land herein described and the aforementioned 0.507 acre tract, 162.36 feet to a '/2" rebar with a cap marked "RPLS 4967" set for a common corner; Thence N 04°22'35" W, continuing along the aforementioned common boundary line, 138.28 feet to a 1/2" rebar in concrete found for a common corner; Thence S 89000'42" W, continuing along the aforementioned common boundary line, 151.50 feet to a'/2" rebar in concrete found for a common corner on the monumented East right-of-way line of Good Hope Road; Thence N 00°02'39" W, along the aforementioned East right-of-way line, 176.63 feet to a '/2" rebar in concrete found for a common corner of the tract of land herein described and a called 1.00 acre tract of land conveyed to N. J. Goodlet, et ux by a deed filed for record at County Clerk's Instrument Number 94-R0089059 of the Deed Records of Denton County, Texas; Thence N 89024'44" E, along the common boundary line of the tract of land herein described and the aforementioned 1.00 acre tract, 362.48 feet to a '/2" rebar in concrete found for a common corner; Thence N 00°05'33" W, continuing along the aforementioned common boundary line, 12D.14 feet to a '/2" rebar in concrete found for their common North corner on the South boundary line of a called 56.319 acre tract of land conveyed to E. Mahard, Jr. by a deed filed for record at County Clerk's Instrument Number 2004-24459 of the Deed Records of Denton County, Texas; Thence N 89°24"44" E, along the common boundary line of the tract of land herein described and the aforementioned 56.319 acre tract 1068.57 feet to a 5/8" rebar with a cap marked "KHA" found for a common corner; Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2" Page 10 of 84 Thence S 00°28'43" E, continuing along the aforementioned common boundary line, 818.81 feet to a Y2" rebar in concrete found for a common corner on the North boundary line of the above - mentioned 100.00 acre tract; Thence S 88°55'33" W, along the common boundary line of the tract of land herein described and the aforementioned 100.00 acre tract, 1435.44 feet to the Point of Beginning. Said tract of land containing 1,116,766 square feet or 25.637 acres, more or less. TRACT TWO A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County, Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a deed filed for record in Volume 1230 at Page 351 of the Deed Records of Denton County, Texas. Said tract of land being more particularly described by metes and bounds as follows: Beginning at a 1/" rebar in concrete found, on the monumented East right-of-way line of Good Hope Road, for the Southwest corner of the tract of land herein described and a corner of a called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed filed for record in Volume 3329 at Page 820 of the Deed Records of Denton County, Texas; Thence N 86°19'09" E, along the common boundary line of the tract of land herein described and the aforementioned 25.6476 acre tract, 92.56 feet to a %2" rebar in concrete found for a corner; Thence N 04°18'50" W, 13.05 feet to a 3/8" rebar found for a corner; Thence N 86°13'43" E, 13.06 feet to a '/2" rebar with a cap marked "RPLS 4967" set for a corner; Thence S 05°12'35" E, 13.07 feet to a 1/" rebar in concrete found for a corner on the North boundary line of the above -mentioned 25.6576 acre tract of land; Thence N 86°19'09" E, along the aforementioned common boundary line, 56.54 feet to a %2" rebar in concrete found for a common corner; Thence N 04°22'35" W, continuing along the aforementioned common boundary line, 138.28 feet to a Y2" rebar in concrete found for a common corner; Thence S 89°00'42" W, continuing along the aforementioned common boundary line, 151.50 feet to a W rebar in concrete found for a common corner on the above -mentioned East right-of- way line; Thence S 00'00'14" E, along the aforementioned East right-of-way line, 145.68 feet to the Point of Beginning. Said tract of land containing 22,087 square feet or 0.507 acres, more or less. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2" Page 11 of 84 TRACT THREE A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County, Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a deed filed for record at County Clerk's Instrument Number 94-R0089059 of the Deed Records of Denton County, Texas. Said tract of land being more particularly described by metes and bounds as follows: Beginning at a '/s" rebar in concrete found, on the monumented East right-of-way line of Good Hope Road, for the Southwest corner of the tract of land herein described and a corner of a called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed filed for record in Volume 3329 at Page 820 of the Deed Records of Denton County, Texas; Thence N 89°21'12" E, along the common boundary line of the tract of land herein described and the aforementioned 25.6476 acre tract of land, 362.48 feet to a '/2" rebar in concrete found for a common corner; Thence N 00°05'33" W, continuing along the aforementioned common boundary line, 120.14 feet to a '/2" rebar in concrete found for their common North corner on the South boundary line of a called 56.319 acre tract of land conveyed to E. Mahard, Jr. by a deed filed for record at County Clerk's Instrument Number 2004-24456 of the Deed Records of Denton County, Texas; Thence S 89024'44" W, along the common boundary line of the tract of land herein described and the aforementioned 56.319 acre tract, 362.29 feet to a '/2" rebar with a cap marked "RPLS 4967" set for their common West corner on the above -mentioned East right-of-way line; Thence S 00000'19" E, along the aforementioned East right-of-way line, 120.52 feet to the Point of Beginning. Said tract of land containing 43,604 square feet or 1.001 acre, more or less. TRACT FOUR A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County, Texas and being a portion of a tract of land conveyed to Laura Jackson by a deed filed for record in Volume 291 at Page 80 of the Deed Records of Denton County, Texas and also being more particularly described by metes and bounds as follows: Commencing, for a be, at a 1/2" rebar in concrete, found on the monumented East right-of-way line of Good Hope Road, for the Southwest corner of a tract of land conveyed to Nathan Goodlet, et ux by a deed filed for record in Volume 1230 at Page 351 of the Deed Records of Denton County, Texas from which a 1/2" rebar in concrete found for it's Northwest corner bears N 00000'14" W, 145.68 feet; Thence N 86019'09" E, 92.56 feet to a 1/2" rebar found in concrete found for the Southwest corner and Point of Beginning of the tract of land herein described, said corner also being an internal corner of the aforementioned Goodlet tract; Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2" Page 12 of 84 Thence N 04°18'50" W, along the common boundary line of the tract of land herein described and the aforementioned Goodlet tract, 13.05 feet to a 3/8" rebar found for a common corner; Thence N 86°13'43" E, continuing along the aforementioned common boundary line, 13.06 feet to a 1/2" rebar with a cap marked "RPLS 4967" set for a common corner; Thence S 05°12'35" E, continuing along the aforementioned common boundary line, 13.07 feet to a 1/2" rebar in concrete found for a common corner; Thence S 86°19'09" W, 13.26 feet to the Point of Beginning. Said tract of land containing 172 square feet or 0.004 acre, more or less. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2" Page 13 of 94 EXHIBIT "B" Statement of Intent and Purpose for Mahard Ranch, Town of Prosper, Texas Mahard Ranch is a planned community consisting of a variety of residential, local and community retail and employment uses integrated within an open space system oriented to the natural beauty of the property. Residential units consist of a range of lot sizes in the traditional residential neighborhood mode to attached, urban dwellings offering the residents diverse living styles. Retail and employment uses are provided along the U.S. Highway 380 corridor providing more intensive uses along the thoroughfare while also serving as a buffer between the residential neighborhoods and the main highway. Integral throughout the Mahard Ranch is the open space system which consists of recreation open space, hike and bike trails and active parks for the residents of the community. A strategically designed trail system laces throughout the community providing pedestrian linkages among residential, retail, open space public uses, and neighborhoods outside of the Mahard Ranch. Parks are also provided at convenient locations which provide active recreation opportunities to the community. Creek areas and floodplains have been reserved for open space to provide trail settings along attractive waterways providing hikers and bikers an opportunity to enjoy the ecosystem. Thoroughfares are designed to provide the necessary connection between this community and the Town. Major connectors provide linkages to surrounding significant roadways allowing efficient movement. The following development standards describe the desired image and character necessary to ensure quality development throughout the Mahard Ranch property. The development standards have been carefully designed to allow sufficient flexibility for creative residential and mixed use building solutions while being prescriptive in areas necessary to preserve an overall cohesiveness. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "B" Page 14 of 84 EXHIBIT "C" Development Standards for Mahard Ranch, Town of Prosper, Texas Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town's Zoning Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and Subdivision Ordinance (as it currently exists or may be amended) shall apply. Amenity Program a. General. As a master planned community, Mahard Ranch will have a programmed and qualitatively controlled system of amenities throughout. These amenities combine to create an overall sense of place that would be difficult to achieve when considered as independent elements within smaller developments. The community amenities that are addressed within these Development Standards are: • Primary Community Entries • Secondary Community Entries • Neighborhood Entries • Thoroughfare Landscape Buffers • Community Park • Community Amenity Center • Floodplain / Greenway Parks • Neighborhood Parks • Pocket Parks b. Primary Community Entries a. Major points of entry into Mahard Ranch (minimum two locations, including at least one entry along U.S. 380) will be defined with a combination of monument signage, landscape and lighting to create a sense of arrival commensurate in scale and character with a 2,120.54 acre master planned community (see representative examples below). These entries will include: • Community name / logo incorporated into monument signage element, to be constructed of masonry or similar material; • Enhanced landscape, including seasonal color, shrubs, groundcover, perennials and unique combinations of both canopy and ornamental trees; • Enhanced lighting on the monument / signage and the unique aspects of the landscape; • Water will be considered as an accent feature if land and topography permit, and if compatible with the overall physical design theme for the community. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 15 of 84 b. Primary entries will be developed to incorporate both sides of the entry roadway when both are contained within Mahard Ranch, and will also include enhancements to the median in the immediate area (where / if applicable). Landscape easements will be provided to ensure adequate space to provide for visibility triangle(s) and adequate development of entry design. C. Secondary Community Entries a. Secondary community entries will be similar to primary community entries in their use of compatible building and landscape materials, but will be smaller in scale and land area. They will occur at the outside edges of Mahard Ranch, at the entries for either arterials or collectors into the community. It is anticipated that a minimum of three secondary entries will be provided for the community, primarily along Teel Parkway (see representative examples below). Secondary community entries will include the following elements, scaled slightly smaller than the primary entries: • Community name / logo incorporated into monument signage element, to be constructed of masonry or similar material; • Enhanced landscape, including seasonal color, shrubs, groundcover, perennials and unique combinations of both canopy and ornamental trees; • Enhanced lighting on the monument / signage and the unique aspects of the landscape; • Center median to allow for more landscape density and also provide alternative location for neighborhood identification and way -finding graphics; • Landscape easements where required to accommodate enhanced landscape and monument construction. b. Neighborhood Entries. Internal to Mahard Ranch and along both arterials and collectors, points of intersection will be enhanced to denote entries into individual 'villages' or neighborhoods. These entries will resemble primary and secondary entries in their use of materials and Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 16 of 84 landscape, but will also incorporate village or neighborhood names and will contribute to a unique, community -wide system of visual way finding. d. Thoroughfare Landscape Buffers (Arterial and Collector Roads) - 25'Min.). Thoroughfares will provide a continuity of design from primary and secondary points of community entry throughout the entirety of Mahard Ranch. These thoroughfares and the adjacent landscape buffers are intended to include the following: Screen walls composed primarily of ornamental metal fence with living screen or stone or stone veneer (allowing brick accent), ONLY if the Town determines that mitigating circumstances (land area / depth, topography, etc) will not allow natural landscape to buffer adjacent land uses (no builder fencing allowed); Enhanced grading / berms combined with landscape (grass, trees, accent shrubs and groundcover at entry points) to provide design continuity and buffer adjacent land uses; Street tree system throughout (formal and/or informal in arrangement — design to be determined), to visually identify the hierarchy of streets and neighborhoods. A variety of tree species will be provided, including canopy / shade and smaller flowering, ornamentals of a minimum 3 inch caliper for every 30 lineal feet which with requested approval by the Town at the time of submission of a preliminary plat may be grouped and in no case shall there be less than the total number of street trees as required by this subsection; Continuous 6' sidewalks on both sides of the thoroughfare (sidewalks interior to Residential may be 5'); Integrated neighborhood / `village' entries at points of intersection. e. Community Park Mahard Ranch will include one community park (of approximately 50 acres) that shall be dedicated to the Town in accordance with the Preannexation Agreement. Schedule for improvements and requirements for maintenance are described in Section 4 of the Development Standards. It is intended that this park include sports and athletic facilities, passive and natural spaces and associated parking - all of a scope and type to be determined in coordination with Town staff. Following are parameters of design intended for this facility: • Location will be along one of the open space / greenway parks in order to facilitate pedestrian connectivity to the neighborhoods; • Facility design will utilize materials (masonry, pavements, landscape, lighting) that are compatible with other common area improvements within the Mahard Ranch community; • Specific facilities to be determined in coordination with Town staff, but may include some combination of the following: ✓ 8' wide hike and bike trails ✓ Softball / Baseball field(s) (lighted); ✓ Soccer field(s) (lighted); Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 17 of 84 ✓ Football field(s) ✓ Multipurpose field(s) ✓ Shade pavilion(s); ✓ Parking; ✓ Trailhead connections to adjacent floodplain / greenway parks; ✓ Site furnishings, including benches, water fountains, trash receptacles; ✓ Enhanced landscape at entries, and irrigated turf in all maintained (developed) areas. Community Amenity Center a. At least one Community Amenity Center shall be developed within Mahard Ranch, providing a range of more active, family oriented activities in a 'resort' style environment (see representative examples above). This facility will be HOA maintained and provide the "centerpiece" recreational amenity for the entire community. Like the community park, this facility is intended to be located along the floodplain / greenway parks system to accommodate pedestrian and bicycle access from the neighborhoods of Mahard Ranch. A. A Community Amenity Center will be completed along with the initial phase of residential development, within the Single - Family Residential Tract. B. Three (3) additional Neighborhood Amenity Centers will be built upon completion of each successive phase of residential development, each phase to include approximately 750 homes, within the Single -Family Residential tract. b. The intended program for the Community Amenity Center facility shall include multiple elements from the following list: • Active adult and children's pools; • Water slides and water play features; • Paved and turf chaise areas; • Community building, with interior and exterior spaces programmed for resident and HOA uses, including possible inclusion of a kitchen, community room, meeting room(s), fitness room, and storage area(s); • Restrooms (in the community building and possibly additionally at the pool area(s); • Convenience parking (quantity to be determined based upon code compliance); • Children's playground facility(s); • Sport court(s); • Trailhead linkages to the floodplain / greenway parks. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 18 of 84 C. Floodulain / Greenwav Parks A. Mahard Ranch includes over 550 acres of flood plain corridors through the property. Significant portions of these corridors are rich in native flora and fauna, and are intended to be preserved in a natural condition, with only minimal impact to allow hike / bike trail linkages. Other areas are more open and less valuable as a native resource, and these areas may be developed to include a golf course or ponds and fountains that contribute to the overall storm drainage system and provide enhanced value to the community. All of these corridors shall be interconnected with a series of paths and trails, with an overall hike / bike trail system throughout. Following are the key components of this system of open space through the community: • Master hike / bike trail — minimum 8' in width — concrete or other material approved by the Town — linking all neighborhoods, schools and amenities; • Secondary paths and trails — minimum Win width — concrete or 'soft' surface (decomposed granite, crushed fines) is permitted for HOA maintained trails— providing secondary linkages and 'spur' connections to the hike / bike trail system; • Native preservation areas in locations of most desirable existing vegetation, including wetland, upland and forested environments; • Trailhead locations at community amenity sites and at schools, to include trail maps, bike racks, and site furnishings (trash, seating); • Ponds and water features in open areas where impacts to existing vegetation will not be an issue and storm drainage requirements can be enhanced — ponds to include predominantly native, soft edges, safety shelves, water circulation / aeration to ensure water quality. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 19 of 84 d. Nelahborhood Parks A. Mahard Ranch will include a minimum of three, 7.5 acre (each) neighborhood parks, distributed throughout the community in areas that are linked by the floodplain / greenway parks system and that contribute to ensuring a maximum '/ mile walk from any neighborhood to a park or open space amenity. Additional requirements for schedule of completion for these facilities, as well as maintenance, can be found in Section 4 of the Development Standards. B. Neighborhood parks shall be designed as a complementary component of the Mahard Ranch amenities program, including consideration of alternative uses, and the use of compatible materials (hardscape, landscape and, if included, lighting). These parks are to be integrated within the open space system as well as the neighborhoods that they serve. Neighborhood parks may include features and elements from the following list of amenities; • Open play fields (non -lit); • Sport courts; • Covered pavilion or shade structure; • Children's playgrounds segregated by age groups (i.e. 2-5 and 5-12); • Parking for +/-10 spaces; • Grading around perimeter to provide safety for playfields and street frontages; • 8' sidewalks around site linking facilities and providing connections to adjacent floodplain / greenway parks; • Town's Park signage approved by the Parks Board consistent with community theme. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 20 of 84 e. Pocket Parks Additional components of the Mahard Ranch amenities program are smaller pocket parks within individual neighborhoods. These parks will be an HOA maintained component of the open space system, and allow for: • Providing valuable open space in adjacency to smaller homes; • integration of existing tree rows and other natural features that warrant preservation; • ensuring one -quarter mile resident walks to a component of the open space system; • additional passive and moderately active recreational opportunities, including: ✓ open play areas; ✓ natural interpretive areas; ✓ neighborhood playgrounds; ✓ children's water play area; ✓ small neighborhood gathering spaces. 2. Single -Family Residential Tract a. General Description: Residential uses shall be permitted throughout the Property as set forth herein. b. Allowed Uses: Land uses allowed within the Single -Family Residential Tract are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town's Zoning Ordinance. • 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 • Guest House • Home Occupation C • Model Home • Park or Playground • Private Recreation Center • Private Street Development and gated communities S Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 21 of 84 • 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 • Single family 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. • Townhouses (only as a buffer use as set forth herein) • Utility distribution lines and facilities. Electric substations shall be allowed at the sole discretion of the Developer. c. Densi : The maximum number of single family detached units for the Properties is 3,500. d. Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types: • Type A Lots: Minimum 8,000 square foot lots • Type B Lots: Minimum 9,000 square foot lots • Type C Lots: Minimum 10,500 square foot lots • Type D Lots: Minimum 12,500 square foot lots e. Area and building regulations: a. Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type A Lots shall be 8,000 square feet. A typical lot will be 60' x 133', but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty (60) feet. C. Minimum Yard Setbacks. Minimum Frontward Setback: The minimum frontyard setback for Type A Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 22 of 84 Town's Zoning Ordinance, as amended shall apply to Type A Lots. ii. Minimum Sidevard Setback: (a) The minimum sideyard setback for Type A Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum sideyard setback shall be fourteen (14) feet for one side and two (2) feet for the other side yard. Windows on the 2' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For comer lots, the minimum sideyard setback shall be fifteen (15) feet. (d) For keylots, the minimum sideyard setback shall be twenty-five (25) feet. iii. Minimum Rearvard Setback: (a) The minimum rearyard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum rearyard setback is ten (10) feet for a maximum number of lots not to exceed seventy-five (75) Type A lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front facade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type A Lot shall contain a minimum of one thousand, nine hundred (1,900) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Heiaht. The maximum height for structures on Type A Lots shall be forty (40) feet. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 23 of 84 F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type A Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. i. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a fagade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. A cast stone address plaque is required for each Type A Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type A Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type A Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type A Lots. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 24 of 84 I. Windows. All window framing will on structures on Type A Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type A Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type A Lots shall have a composition, slate or tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8" in 12". Pitch ends shall be 100% guttered. K. Garages. Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. ii. Homes with three (3) garages shall not have more than two (2) garage doors facing the street. iii. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9' on the first floor. M. Fencin . No fence, wall or hedge on a Type A Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type A Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 25 of 84 ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. N. Landscaping. A minimum of six (6) caliper inches of trees shall be planted on all Type A Lots. A minimum of one (1) tree shall be located in the front yard. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3") as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type A Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot. P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type A Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type A Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type A Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type A Lots are attached hereto as Exhibit "F-1 ". Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 26 of 84 S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum rearyard setback of ten (10) feet, and a minimum sideyard setback of eight (8) feet. b. Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand (9,000) square feet. A typical lot will be 70' x 128', but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy (70) feet. C. Minimum Yard Setbacks. Minimum Frontward Setback: The minimum frontyard setback for Type B Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type B Lots. ii. Minimum Sidevard Setback: (a) The minimum sideyard setback for Type B Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum sideyard setback shall be fourteen (14) feet for one side and two (2) feet for the other side yard. Windows on the 2' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum sideyard setback shall be fifteen (15) feet. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 27 of 84 (d) For keylots, the minimum sideyard setback shall be twenty-five (25) feet. iii. Minimum Rearvard Setback: (a) The minimum rearyard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum rearyard setback is ten (10) feet for a maximum number of lots not to exceed one hundred and ten (110) Type B lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front facade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type B Lot shall contain a minimum of two thousand, one hundred (2,100) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type B Lots shall be forty (40) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type B Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a fagade cladding Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 28 of 84 material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box - outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. A cast stone address plaque is required for each Type B Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type B Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type B Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type B Lots. I. Windows. All window framing will on structures on Type B Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. Window shutters may be used on structures on Type B Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. Roofing. Structures constructed on the Type B Lots shall have a composition, slate or tile roof. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 29 of 84 ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8" in 12". Pitch ends shall be 100% guttered. K. Garaces. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9' on the first floor. M. Fencing. No fence, wall or hedge on a Type B Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type B Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. N. Landscaping. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. A minimum of nine (9) caliper inches of trees shall be planted on all Type B Lots. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 30 of 84 A minimum of two (2) three inch (3") caliper trees shall be located in the front yard. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3") as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type B Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot. P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type B Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type B Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type B Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type B Lots are attached hereto as Exhibit "F-2". S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum rearyard setback of ten (10) feet, and a minimum sideyard setback of eight (8) feet. C. Type C Lots: The area and building standards for Type C Lots are as follows and as set forth in Table 1: Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 31 of 84 A. Minimum Lot Size. The minimum lot size for Type C Lots shall be ten thousand, five hundred (10,500) square feet. A typical lot will be 80' x 131', but may vary as long as the requirements of Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type C Lots shall be eighty (80) feet. C. Minimum Yard Setbacks. Minimum Frontward Setback: The minimum frontyard setback for Type C Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type C Lots. Minimum Sidevard Setback: (a) The minimum sideyard setback for Type C Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum sideyard setback shall be fourteen (14) feet for one side and two (2) feet for the other side yard. Windows on the 2' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum sideyard setback shall be fifteen (15) feet. (d) For keylots, the minimum sideyard setback shall be twenty-five (25) feet. iii. Minimum Rearvard Setback: (a) The minimum rearyard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum rearyard setback is ten (10) feet for a maximum number of lots not to exceed one hundred ten (110) Type C lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 32 of 84 Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front fagade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type C Lot shall contain a minimum of two thousand, three hundred (2,300) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Heiaht. The maximum height for structures on Type C Lots shall be forty-five (45) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type C Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a fagade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box - outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. A cast stone address plaque is required for each Type C Lot. The style of Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit KC" Page 33 of 84 the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type C Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type C Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type C Lots. I. Windows. All window framing will on structures on Type C Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. Window shutters may be used on structures on Type C Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. Structures constructed on the Type C Lots shall have a composition, slate or tile roof. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 10" in 12". Pitch ends shall be 100% guttered. K. Games. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 34 of 84 ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. Garage doors shall be constructed of metal or wood. L. Plate Height. Each structure on a Type C Lot shall have a minimum principal plate height of 10' on the first floor. M. Fencine. No fence, wall or hedge on a Type C Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type C Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. N. Landscagina. i. A minimum of nine (9) caliper inches of trees shall be planted on all Type C Lots. ii. A minimum of two (2) three inch (3") caliper trees shall be located in the front yard. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3") as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type C Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 35 of 84 P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type C Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type C Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type C Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type C Lots are attached hereto as Exhibit "F-3". S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum rearyard setback of ten (10) feet, and a minimum sideyard setback of eight (8) feet. d. Type D Lots: The area and building standards for Type D Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type D Lots shall be twelve thousand, five hundred (12,500) square feet. A typical lot will be 90' x 138', but may vary as long as requirements Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type D Lots shall be ninety (90) feet. C. Minimum Yard Setbacks. i. Minimum Frontward Setback: The minimum frontyard setback for Type D Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.31 of the Town's Zoning Ordinance, as amended shall apply to Type D Lots. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit KC" Page 36 of 84 ii. Minimum Sidevard Setback: (a) The minimum sideyard setback for Type D Lots shall be eight (8) feet. (b) For corner lots, the minimum sideyard setback shall be fifteen (15) feet. (c) For keylots, the minimum sideyard setback shall be twenty-five (25) feet. Minimum Rearvard Setback: The minimum rearyard setback shall be twenty-five (25) feet. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front facade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type D Lot shall contain a minimum of two thousand, six hundred (2,600) square feet of floor space. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Heiaht. The maximum height for structures on Type D Lots shall be forty-five (45) feet. F. Driveways. Driveways fronting on a street on Type D Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. G. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a fagade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box - Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 37 of 84 outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. A cast stone address plaque is required for each Type D Lot. The style of the cast stone address plaque shall be uniform throughout each section of development. iv. Chimneys. On Type D Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type D Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type D Lots. H. Windows. All window framing will on structures on Type D Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. Window shutters may be used on structures on Type D Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. Roofing. Structures constructed on the Type D Lots shall have a composition, slate or tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 38 of 94 Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 10" in 12". Pitch ends shall be 100% guttered. J. Garaaes. i. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. Garage doors shall be constructed of metal or wood. K. Plate Height. Each structure on a Type D Lot shall have a minimum principal plate height of 10' on the first floor. L. Fencin . No fence, wall or hedge on a Type D Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. All Type D Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. M. Landscaping. A minimum of nine (9) caliper inches of trees shall be planted on all Type D Lots. ii. A minimum of two (2) three inch (3") caliper trees shall be located in the front yard. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 39 of 84 Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (3") as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. N. Mailboxes. Mailboxes on a Type D Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot. O. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type D Lots. P. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type D Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. Q. Plan Elevations. On Type D Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type D .Lots are attached hereto as Exhibit "F-4". R. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum rearyard setback of ten (10) feet, and a minimum sideyard setback of eight (8) feet. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 40 of 84 TABLE 1 Lot Type A Lot Type B Lot Type C Lot Type D Min. permitted lot 8,000 sq. ft 9,000 sq. ft. 10,500 sq. ft 12,500 sq. ft. sizes Max. permitted 750 1,100 1,100 550 number of lots Min. Front Yard 25 ft. 25 ft. 25 ft. 25 ft. Min. Side Yard 8 ft. (1472' on 8 ft. (14'/2' on 8 ft. (1472' on 8 ft. courtyard option) courtyard option) courtyard option) Corner Lot 15 ft. 15 ft. 15 ft. 15 ft. Key Lot 25 ft. 25 ft. 25 ft. 25 ft. Min. Rear Yard 25 ft. (10' on 25 ft. (10' on 25 ft. (10' on 25 ft. courtyard option courtyard option courtyard option for no more than for no more than for no more than 75 Type A lots) 110 Type B lots) 110 Type C lots) Max. building 40 ft. 40 ft. 45 ft. 45 ft. Height Max. Lot Coverage 55% 50% 45% 45% Min. Lot Width 60 ft. 70 ft. 80 ft. 90 ft. Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft. Min. Dwelling Area 1,900 sq. ft. 2,100 sq. ft. 2,300 sq. ft. 2,600 sq. ft. 3. Mixed -Use Tract a. Definition: The term 'Mixed -Use' as applied to the Mahard Ranch Development shall include residential and non-residential land uses integrated vertically or horizontally along the property facing U.S. Highway 380 in a walkable, vibrant market driven neighborhood, giving residents the opportunity to live, work and shop in the same community. The architecture of the mixed -use portion of the development will blend with the surrounding residential neighborhood's style. Non-residential uses include retail, restaurants and office. Retail uses are primarily intended to supply the community with everyday convenience goods and services and shall occur on the ground level of stand alone or integrated buildings. Office shall include neighborhood service oriented professional, financial, and medical uses and may occupy ground and/ or upper level building space. Residential land uses are intended to supply attached housing product helping act as a buffer between the more intense retail and office uses along U.S. Highway 380 and the less intense suburban single family residential product to the north. Principal uses may include town homes and multi -family (condominiums, live/ work loft residential, and luxury apartments). However, it is acknowledged that all or a portion designated as the Mixed Use Tract may Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 41 of 84 develop solely for retail or office uses. It is intended in these standards to provide the flexibility to develop either a multiple use project or traditional retail development. b. Alternative Development Standards. Property within the Mixed Use Tract may be developed solely for retail uses. The Mixed Use Tract development standards provide two sets of standards that allow for a pedestrian -oriented multiple use development (Section 3.c.) or, in the alternative, traditional retail development (Section 3.d.). C. _Mixed -Use Development Standards (pedestrian -oriented): A maximum of 250 acres of mixed -use development is permitted on the Properties generally located between U.S. Highway 380 and the collector street (see Exhibit "D"). Development standards for a mixed -use development for this area within the development are described below. a. Permitted Uses. The following uses are permitted within the "Mixed Use" area: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town's Zoning Ordinance. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial S • Antenna and/or Antenna Non -Commercial, attached to buildings or water towers (stand -above towers are prohibited) C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility S • Athletic Stadium or Field, Private S • Athletic Stadium or Field, Public • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn Beer & Wine Package Sales C Building Material and Hardware Sales, Minor • Building Material and Hardware Sales, Major • Business Service • Caretaker's/Guard's Residence • Civic/Convention Center • Commercial Amusement, Indoor • Community Center • Convenience Store with Gas Pump C • Convenience Store without Gas Pump • Day Care Center, Adult S • Day Care Center, Child S • Drug Stores/Pharmacies Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 42 of 84 Duplicating Centers, Mailing Services, Etc Dry Cleaning, Minor Farmer's Market Financial Institutions Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority Furniture, Home Furnishings and Appliance Store Garage Apartment Gas Pumps C Golf Course and/or Country Club Governmental Office Gymnastics/Dance Studio Health/Fitness Center Helistop S Home Occupation C Homebuilder Marketing Center Hospital Hotel C House of Worship Independent Living Facilities Laboratory, Medical and Dental. Insurance Office Locksmith/Security System Company Massage Therapy, Licensed Mini-Warehouse/Public Storage S Motel S Multifamily Dwelling (only within the Mixed Use pedestrian alternative) Municipal Uses Museum/Art Gallery Nursery, Major S Nursery, Minor Optical Stores — Sales and Services Office/Showroom Park or Playground Pet Day Care Post Office Facilities Print Shop, Minor Private Club S Private Recreation Center Private Street Development S Private Utility, Other Than Listed Retirement Housing Research and Development Center Recycling Collection Point Residence Hotel C Restaurant or Cafeteria C Restaurant, Drive In/ Drive-Thru Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 43 of 84 • Retail Stores and Shops • Retail/Service Incidental Use • Retirement Housing • School, Private or Parochial • School, Public • Single Family Dwelling, Attached(Townhome) • Stealth Antenna, Commercial • Studio Dwelling • Temporary Building C • Theater, Neighborhood • Theater, Regional • Veterinarian Clinic and/or Kennel, Indoor • Winery b. Multifamily Uses: Multi -family units shall be allowed within the mixed use area. A maximum of three hundred, (300) multifamily units shall be allowed within the Mixed Use Tract. If portions of the designated Mixed Use Tract are developed with multi -family residential housing types, they shall be developed in accordance with the following criteria: A. Required Parking: Parking requirements for multi -family development shall be two 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. One (1) enclosed parking space per unit will be provided as part of the multi -family unit configuration. Enclosed parking will consist of an attached or detached garage or parking structure screened from public view. B. Exterior Facade Building Materials: All buildings within a multifamily development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a multifamily development shall have a minimum of ten percent (10%) stone accents. C. 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 (100) 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. C. Townhouse Uses: Townhouse units shall be allowed within the mixed use area or single family area as a buffer between non-residential and single family development. A maximum of three hundred (300) townhouse Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit KC" Page 44 of 84 units shall be allowed. Townhouse units constructed in Single Family Residential Tract do not count against the maximum lot count of 3,500 single family lots. 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: A. Required Parking: Parking requirements for townhouse development shall be two 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. Two (2) enclosed parking spaces per unit will be provided as part of the townhouse unit configuration. Enclosed parking will consist of an attached or detached garage or parking structure screened from public view. B. Exterior Facade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a townhouse development shall have a minimum of ten percent (10%) stone accents. C. 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 (100) 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. d. Residential development standards: Development shall be in accordance with the following table: Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 45 of 84 Residential Product Type Multi -family not on Development Requirement Townhouse the second story of other uses Max. Gross Density 10.0 du/ac 15.0 du/ac Min. Lot Area 1,000 sq. ft. 1 acre. Min. Lot Width 20' 100, Min. Lot Depth 50' 150' Min. Front Setback 0' 20" Min. Rear Setback 20' 20" Min. Side Setback (interior lot) 0' 20" Min. Side Setback (corner lot) 15' 25" Max. Lot Coverage 80% 70% Min. Floor Area / Dwelling Unit 1,200 sq. ft. 650 sq. ft. Max. Building Height / No. of 48' / 32 48' / 3 stories' Min. Open Space 20% 30% Multifamily setbacks include: a. Fifty (50) feet for one (1) or two (2) story structures adjacent to property lines with a single family residential use. b. One hundred and fifty (150) feet for three (3) story structures adjacent to property lines with a single family residential use. 2 The maximum height of any building within 60 feet of a property line with a single family residential use shall be 36 feet or 2 stories. e. Non-residential uses A. Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the Mixed Use Tract as required by Zoning Ordinance No. 05-20 as it currently exists or as amended. B. Exterior Facade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. Cementitious fiber board may only be used as an accent material subject to 10% of a fagade. C. Commercial and Retail Development Standards: Development regulations for development within the Mixed Use Tract are intended to allow mixed use development consisting of vertically and horizontally integrated retail, office, service and residential uses. Typically referred to as "new urbanism" -style development, this type of development is characterized by pedestrian -scaled development offering multiple services and amenities with unique landscape and streetscape design. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 46 of 84 Development for non-residential land uses shall conform to the following: Floor Area: The allowable floor area of buildings within the mixed -use area shall be unlimited, provided that all conditions described herein are met. Lot Area: There is no minimum lot area. Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 90% of the total lot area. Parking facilities shall be excluded from lot coverage computation. iv. Lot Width: There is no minimum lot width. V. Lot Deoth: There is no minimum lot depth. vi. Front Yard: The minimum depth of the front yard shall be ten (10) feet vii. 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 minimum 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. viii. 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 minimum 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. ix. Building Height: Buildings shall be a maximum of five (5) stories, not to exceed seventy (70) feet in height. Architectural features, parapets, mechanical equipment, chimneys, antennas and other such architectural projections may extend above this height limit. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 47 of 84 X. Pad Sites. There is no limit on the number of pad sites within the Mixed Use Tract for retail uses provided each pad site must satisfy the Area Requirements. Architectural. A. Maximum Building Length -- Buildings shall not be longer than 550 feet without an unconnected physical separation of 25 feet between another building. B. Building Articulation — All buildings should be designed to emphasize a "base, mid -section, and top." Facades facing public and private streets and extending greater than one hundred (100) feet in length shall incorporate wall plane recesses having a minimum depth of at least three (3) percent of the length of the fagade. Recesses shall comprise at least twenty-five percent (25%) of the length of the facade. No uninterrupted length of a fagade shall exceed fifty (50) feet in length. C. Roof Line Articulation — Variations in roof lines shall be used to add interest and reduce the scale of large buildings. Roof features shall complement the character of the overall development and shall have at least one of the following features: • Parapets concealing flat roofs and rooftop equipment from public view. The average height shall not exceed 15% of the height of the supporting wall. Parapets shall feature three dimensional cornice treatment. • Overhanging eaves, extending no less than three (3) feet past the supporting walls • Supporting roofs that do not exceed the average height of the supporting walls with an average slope no greater than 3:1 slope. • Roof dormers interrupting the eave line. D. Exterior of Buildings Fagades -- All fagades oriented toward rights - of -ways, drives or public spaces shall have no less than three of the following elements: ■ Overhangs ■ Canopies or Porticos ■ Recesses/Projections ■ Arcades ■ Raised corniced parapets over the entrance ■ Peaked roof forms ■ Arches Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 48 of 84 Outdoor patios Display windows Integral planters that incorporate landscaped areas or seating areas g. Parkina Areas A. Surface parking lots shall be screened from streets through the use of screening or liner development such as townhome, live - work, and loft office units. Parking garages may not be visible from streets on more than 2 sides of each block. Beyond these two sides, a development liner (such as loft residential, office, etc.) shall be constructed to shield the garage from view. B. Surface Parking Perimeter Screening — All surface parking lots shall be screened from street view. Such screening shall take the form of 3 foot, 7-gallon plantings of dense evergreen hedge at time of installation measured above the grade of the parking lot. C. Landscape Medians — All surface parking lots shall have a landscape median strip with a minimum width of 6 feet incorporated into the parking lot design to separate the parking area and drive aisle with direct connection to the street. 1 tree shall be planted for every 35 linear feet of median. h. Service and Equipment Areas. Service areas are zones and loading docks where servicing of the site takes place and include wall-, ground- or roof -mounted mechanical or equipment areas. A. Placement of Service Areas — Service areas shall (i) not front or be visible from a street, and shall be placed within the building envelope they serve; or (ii) follow the screening requirements below. Dumpsters and trash enclosures be placed within a building's envelope, and no service areas be placed where they are visible from US Highway 380, Gee Road or Fields Road. Loading areas must not be located closer than fifty (50) feet to any single-family lot or public right-of-way, unless wholly within an enclosed building. B. Service Area Screening — Off-street loading and service areas must be placed at the side or rear of buildings and shall be screened in conformity with the requirements of the Zoning Ordinance. C. Service Area Screening Design — In general, the design of all service area screening shall be complementary to the design of the building it serves in terms of its material and color. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 49 of 84 D. Roof -Mounted Equipment Screening — All roof -mounted equipment shall be screened from public view through the use of design features that complement the building they serve in terms of material and color. Fencin A. Fencing Length and Height — The maximum length of a fence shall be fifty (50) feet without a break of thirty (30) feet. No fencing shall be above three (3) feet in height. B. Fencing Material — All fencing must be wrought iron or decorative steel. Site Landscapin A. Street Trees — Street trees shall be planted at an average of thirty (30) feet on -center across each block face and three and one- half (3 Y2) feet from the back of curb. These trees shall have a minimum caliper of four (4) inches at installation, and shall not be closer than ten (10) feet from a street lamppost. Street tree material shall follow the recommendation of the Director of Development Services, and shall generally follow the type of canopy line created by red oak, live oak, etc. Street trees shall use a consistent species along both sides of each block. B. Tree Planters — Street trees shall be centered within five (5) foot by ten (10) foot planters as leave -outs within the sidewalk and screened with either a twelve (12) inch high ornamental steel fence or brick turn -up edge. Planters shall also consist of evergreen ground cover and perennial plantings. The street - facing leading edge of all planters shall be placed one foot, six inches (1.5 feet) from the face of the curb to allow clearance for passenger car doors to open. C. Prior to the issuance of a Certificate of Occupancy for any building, structure or improvement, all landscaping must be installed in accordance with the approved corresponding landscaping plan. D. Street Lights — Street lights shall be located four (4) feet from face of curb on average intervals of seventy-five (75) feet along all block faces. The light fixtures shall be mounted ten (10) to twelve (12) feet from the finished grade of the sidewalk and shall be of metal halide type. E. Bicycle Racks — Bicycle racks shall be provided on 150 foot intervals of all block faces, clustering at street lamp or building entry locations. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 50 of 84 F. Litter Containers and Benches — Litter containers and benches shall be provided on 150 foot intervals along all block faces and clustered at street lamp or building entry locations. d. Mixed -Use Development Standards (Traditional Retail). Retail development within the Mixed Use Tract is intended predominately for heavy retail, service, light intensity wholesale and commercial uses, but excluding warehousing uses. The nature of uses in this District has operating characteristics and traffic service requirements generally compatible with typical office, retail, and some residential environments. Uses in this District may require open, but screened, storage areas for materials. In the event all or a portion of the Mixed Use Tract is developed solely for retail uses (i.e. not a mixed use development) then the development for retail uses shall conform to the following standards: a. Size of Yards: 1. Minimum Front Yard: thirty (30) feet. 2. Minimum Side Yard: a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. C. Thirty (30) feet adjacent to a street. 3. Minimum Rear Yard: a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. b. Size of Lots: 1. Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum Lot Depth: One hundred (100) feet. C. Maximum Height: Two (2) stories, no greater than forty (40) feet. d. Lot Coverage: Fifty (50) percent. e. Floor Area Ratio: Maximum 0.5:1. f. Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town's Zoning Ordinance: Planned Development District - Mahard Rancb, Town of Prosper, Texas — Exhibit KC" Page 51 of 84 • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial C • Antenna and/or Antenna Support Structure, Non -Commercial C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility S • Athletic Stadium or Field, Private S • Athletic Stadium or Field, Public • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Automobile Repair, Major S • Automobile Repair, Minor • Automobile Sales, Used S • Automobile Sales/Leasing, New S • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales C • Bottling Works • Building Material and Hardware Sales, Major • Building Material and Hardware Sales, Minor • Bus Terminal C • Business Service • Cabinet/Upholstery Shop • Caretaker's/Guard's Residence • Cemetery or Mausoleum S • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Commercial Amusement, Outdoor S • Community Center • Convenience Store with Gas Pumps C • Convenience Store without Gas Pumps • Dance Hall S • Day Care Center, Adult S • Day Care Center, Child C • Day Care Center, Incidental S • Dry Cleaning, Minor • Equipment and Machinery Sales and Rental, Minor • Fairgrounds/Exhibition Area S • Farm, Ranch, Stable, Garden, or Orchard • Farmer's Market • Feed Store • Flea Market, Inside • Flea Market, Outside S • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture Restoration • Furniture, Home Furnishings and Appliance Store • Gas Pumps C Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 52 of 84 • General Manufacturing/Industrial Use Complying with Performance Standards S • Golf Course and/or Country Club • Governmental Office • Gunsmith • Gymnastics/Dance Studio • Health/Fitness Center • Homebuilder Marketing Center • Hospital • Hotel C • House of Worship • Indoor Gun Range S • Insurance Office • Limited Assembly and Manufacturing Use Complying with Performance Standards • Locksmith/Security System Company • Machine Shop • Massage Therapy, Licensed • Mini-Warehouse/Public Storage S • Mobile Food Vendor C • Mortuary/Funeral Parlor • Motel C • Motorcycle Sales/Service S • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Nursery, Major S • Nursery, Minor • Office and Storage Area for Public/Private Utility • Office/Showroom • Office/Warehouse/Distribution Center • Open Storage (subject to Chapter 4, Section 5 of the Zoning Ordinance) • Park or Playground • Pawn Shop • Pet Day Care C • Print Shop, Major S • Print Shop, Minor • Private Club • Private Recreation Center • Private Utility, Other Than Listed • Recreational Vehicle Sales and Service, New/Used S • Recreational Vehicle/Truck Parking Lot or Garage S • Recycling Collection Point • Rehabilitation Care Institution S • Research and Development Center C • Residence Hotel C • Restaurant or Cafeteria • Restaurant, Drive In • Retail Stores and Shops • Retail/Service Incidental Use • School District Bus Yard C • School, Private or Parochial Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit KC" Page 53 of 84 • School, Public • Sewage Treatment Plant/Pumping Station S • Small Engine Repair Shop • Stealth Antenna, Commercial C • Storage or Wholesale Warehouse S • Taxidermist • Telephone Exchange • Temporary Building C • Theater, Neighborhood • Theater, Regional • Trailer Rental S • Transit Center S • Truck Sales, Heavy Trucks S • Utility Distribution/Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Veterinarian Clinic and/or Kennel, Outdoor • Water Treatment Plant S • Winery 4. Parkland a. Parkland shall consist of the following types: Neighborhood Park, ii. Open space, iii. Community Park containing a minimum of fifty (50) acres, and b. The schedule for providing Parkland shall be as follows: Neighborhood Park: The Neighborhood Parks shall be dedicated to the Town for public use and constructed simultaneously with the construction of the Public Improvements contained within the platted area in which the Neighborhood Parks is/are located. Developer shall, after consultation with the Town, use reasonable efforts to situate Neighborhood Parks adjacent to School Areas, with the specific location being subject to approval by the Town, which may not be unreasonably withheld, delayed, condition or denied. Open Space: Open Space identified on a General Development Plan shall be dedicated to the Town for public use, or reserved for private use by Developer, upon the earlier of: (A) within a reasonable period of time after receiving a written request by the Town for such dedication or reservation, such request being based upon the Park Plan in accordance with the General Development Plan wherein such Open Space is located; or (B) upon recordation of a final plat in which such Open Space is located, provided Developer owns the Open Space to be dedicated or reserved. If Developer is not the owner of the Open Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 54 of 94 Space to be dedicated or reserved, the Owners shall, unless otherwise required herein, be required to comply with such requirements as set forth in the Subdivision Ordinance when the Properties, or portions thereof, develop. iii. Community Park: Within three (3) years from the Effective Date of the Preannexation Agreement, the Community Park shall be dedicated to the Town upon the earlier of: (A) within ninety (90) days of receiving a written request by the Town for such dedication; or (B) at the time the adjacent streets are dedicated to the Town provided Developer owns the land identified as the Community Park; provided, however, the Parties agree that the Community Park dedication shall be in cooperation with and furtherance of the Town's overall park grant efforts. Notwithstanding anything to the contrary herein, if the Developer has not dedicated the Community Park by the time prescribed in the preceding sentence, Owners as applicable, shall dedicate, at absolutely no cost to the Town, the Community Park within three (3) months of a written request by the Town for such dedication. Town shall be fully responsible for Maintenance Obligations of the Community Park upon the Town's acceptance of the dedication. The Town will, within a reasonable time, after receiving the proposed conveyance instrument, provide the Developer and/or Owner, as applicable, written notice of the Town's acceptance of the dedicated Community Park. C. Parkland reserved for private use shall be owned and maintained by a homeowners association, or other entity, and made available to owners, tenants, residents, occupants and members within the Properties and to their guests and invitees. d. Permitted uses within the Parkland are active and passive recreation uses including, but not limited to the following: • trails, playfields, game courts, • golf courses, • nature centers, • outdoor education centers, • community gardens, and • trail amenities. 5. General Requirements for the Mahard Ranch. a. Amenities: The intent of these development standards 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 Mahard Ranch community specifically and of the Town of Prosper generally. The Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 55 of 84 distribution of natural beauty throughout the development, exemplified by 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 Mahard Ranch community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of these development standards that a significant amount of natural open space, particularly amid the fioodplain and other sensitive land, be set aside to provide additional open space for Mahard Ranch and for the Town. Design elements in these areas should support non -programmed passive recreational activities such as walking and picnicking. b. Development Plan: A Conceptual Development Plan is hereby attached (Exhibit "D") and made a part of these development standards. 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 and illustrates the integration of these elements into a master plan for the whole district. C. Maintenance of Facilities: The Developers shall establish a Homeowner's Association ("HOA") for single family residential areas and a Property Owner's Association ("PDX) for mixed use areas, 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 respective residential or mixed use development or adjacent Right -of -Way ("ROW'). The HOA or POA will be created with Phase 1 and each subsequent phase shall be annexed into the association or a separate HOA/POA may be created for each respective phase at the Developer's discretion. Upon completion of fifty percent (50%) buildout of any phase of residential development and creation of the corresponding HOA, the Developer shall provide that all HOA Boards have an advisory position to be filled by individual homeowners residing within the corresponding phase. Prior to transfer of the ownership to the HOA or POA, all specified facilities shall be constructed by the Developer and approved by the Town. The Developer shall provide the Town a mandatory HOA/POA agreement that will be recorded in the deed records of Denton County, Texas. In lieu of the HOA and POA, the Town and Developer may elect to create another entity to undertake the same responsibilities of the HOA or POA. 6. Definitions. The definitions of the Town's Zoning Ordinance (as it currently exists or may be amended) shall apply to these regulations except as otherwise amended herein. For purposes of these Development Standards, the following terms shall have the following meaning: "Masonry" shall mean stone, stucco, brick, tile, concrete, glass or similar materials or any similar material approved by the Town's Director of Development Services. "Independent Living Facilities" means a facility containing dwelling units, accessory uses and support services specifically designated for occupancy by persons 55 years of age or older, in accordance with the housing for older persons provisions of the Federal Fair Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 56 of 84 Housing Act of 1988 (42 U.S.C. section 3607 et seq.), as amended, who are fully ambulatory or who require no medical or personal assistance or supervision. The dwelling units may consist of either multifamily, single-family detached or attached residences, or a combination of such uses. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "C" Page 57 of 84 EXHIBIT "E" Development Schedule for Mahard Ranch, Town of Prosper, Texas The anticipated schedule of development is to provide approximately 350 finished lots of various Types each 18-month period, beginning March 2009. This schedule is subject to change due to various factors beyond the control of the developer, such as housing market conditions, construction materials and labor availability and acts of nature, among others. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "E" Page 59 of 84 EXHIBIT "F" Illustrative Elevations and Plans for Mahard Ranch, Town of Prosper, Texas The illustrations that are included with this Exhibit are for the purpose of illustrative example only and do not constitute exact renderings or plans of the buildings and items depicted. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F" Page 60 of 84 EXHIBIT "F-1" The illustrations that are included with this Exhibit are for the purpose of illustrative example only and do not constitute exact renderings or plans of the buildings and items depicted. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-1" Page 61 of 84 0 I SCALE: 1 = 20' 25 Soo'00'00"E 60.00' �j Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-1" Page 63 of 84 EXHIBIT "F-2" The illustrations that are included with this Exhibit are for the purpose of illustrative example only and do not constitute exact renderings or plans of the buildings and items depicted. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-2" Page 64 of 84 �� I 11' fl• 3n�y� • � Gz,e 1li�a�' � ice• } {lllil�t��11�1��14'✓�Ilill SCALE: 1 = 20' I I I I I I I I I i S00'00'00"E 70.00' 48'-1 1 " 70.00' Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-2" Page 66 of 84 11 llil. Hui HII 1 ]::,2 di -5 -11 Flirdi I z �- SCALE: 1 — 20' S00'00'00"E 70.00' I 1 - �- - -- - - - - - 25.0' 1 _L I I I I I I i 49' —1 . " �ci to Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-2" Page 68 of 84 EXHIBIT "F-3" The illustrations that are included with this Exhibit are for the purpose of illustrative example only and do not constitute exact renderings or plans of the buildings and items depicted. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-3" Page 69 of 84 SCALE: 1 - 20' S00'00'00"E 80.00' Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-3" Page 71 of 94 2 qT SCALE: 1 = 20' S0900'00"E 80.00' I 1 I ! I I -- ___ ! - - - - OUTDOOR uwkc - - �.J I I m I lad O ! ! O uj r oI ! I I 3 p' ! 54'-3 i /2" I �0 o ! I I z JI I m COYM D! I OUTOOC R COUR'YARO I wN I ! DL I ! 3 CAR :ANOEu I I —25.----- --i-- I I I i � I I � I � I I Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-3" Page 73 of 84 l��tififII1u;t1 tl;1111ill i!!li�rll„f :}illifl�ll� ti �Il�i�1E I !!'.!ik I I:i!I t ��li�ff liE ''I3tf ""Mt Oak @ L3-IG3 P 9 M• myj SCALE: 1 - 20' O or i b J �j ml OPTIONAL COURTYARD WALL 54'- t 1 " II 11 I I Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-3" Page 75 of 84 i.�� wwn ar ii M �• •L A SCALE: 1 = 20' S00'00'00"E 80.00' 1 I I I i I I I ' -- J---- 5.0^B.�. — I COVEIM OVTOOOR MING 1 I I f I I 1 I1 54'-11 o I to M I lad -- I I 01 I 1 ro __;I1 1 0 ool 10 M CO I rn cn I I z I I CW RTYARD 1 I I f I 2 CAR I 1 CAR I I I t r 25.0 B.L. — — — — — — — -�- — I I I I ! I I { L I _ 1 I r"aW a 'y $0.00' Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-3" Page 77 of 94 Exhibit "F-4" The illustrations that are included with this Exhibit are for the purpose of illustrative example only and do not constitute exact renderings or plans of the buildings and items depicted. Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F4" Page 78 of 84 Ij�,llf!!!;i?f�llla►1'lii;ill`".;•: %,'ogswi' '�m El 1, 111M Ili ti7P: iir .adt� .•o `s- SCALE: 1 = 20' S00'00'00"E 90.00' I I I ' I I I --------------25.0_---.---- I I I COVERED OUTDOOR. {VINC I� I i O I C6 I r i WI oI ; o i o ; (rn V / ; J; of I �I I I I --r---- I � LI .. I 1 CAR 2 C—AR 25.0' B.L. T IM1 r w=—' 1 - Im la .6 Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F-4" Page 80 of 84 4 iisI 'Now i'+I�' ^.Ar i ,; �. ' f I 11. It l � {{► �� ,u a F" ,F5,01, 3 i' 11 �4 ff!!i i'I�j �rffil{_I��'Sft'::�• rr �. !=:I' I IIli! 'I�� I.•.'.Y ;`:�Y.R�. �,�'• �' _:� � .._ d .'`.ice _ � Ys ' II�{ :Iljl .i'S �i�1;�iv-`,°(-4,�et •�••t2 jig a I I I.lili;'il�� Ili lil l;Ill'I rA� SCALE: 1 = 20' S00'00'00"E 90.00' i 1 0 0 Cd M 13 10 0 0 0 rn z Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F4" Page 82 of 84 rms 8 Mfi . RUM tl !�' illl I (!' j ' o t��P� 4iaR � -, Ag, I ilk" PA M� SCALE: 1 - 20' In. I � I I I I 1 S00'00'00"E 90.00' Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "F4" Page 94 of 84 PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z08-01: The Town of Prosper has received an application to rezone 2,120.5t acres from Agricultural (A) to Planned Development -Single Family/Mixed Use/Retail (PD-SF/M/R). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of U.S. 380 and the west side of Fields Road. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of three hundred (300) multifamily units, three hundred (300) townhome units, seven hundred fifty (750) 8,000 square foot single family residential lots, one thousand one hundred (1,100) 9,000 square foot single family residential lots, one thousand one hundred (1,100)10,500 square foot single family residential lots, and five hundred fifty (550)12,500 square foot single family residential lots, and a maximum of 250 acres of retail/mixed use on the property. ❑ I OPPOSE the request as described in the notice of public hearing. Q/ I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Cf4kKf.KS S1401FHAkt g Name (please print) 2 4 17 $ Address b..04 LL/f> T' X %rZ L 0 City, State, and Zip Code Z/ 13%0� Date E-mail Address f � � �i_ ,:- ;1SPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — February 26, 2008 Date: March 7, 2008 Agenda Item: Consider and act upon a resolution authorizing the Town Manager to enter into a Letter of Agreement with Arthur and Karie Dalton for the subdivision of three lots located in the southwest quadrant of the intersection of Prosper Trail and Robinson Creek. Description of Agenda Item: Please see the attached request from the Dalton's. The Dalton's own property located in the southwest quadrant of the intersection of Robinson Creek and Prosper Trail. The property including their home is currently one large lot and is not part of the Preston Lakes subdivision. By not being included in the Final Plat of the Preston Lakes Subdivision at the time that project was constructed, no sewer line or service was provided to the Dalton's home. The Dalton's have requested that the Town construct the sewer line to their home with the sewer line located in such a way that the two new lots that they plan on creating will be able to be served as well. As previously discussed, this situation should have been addressed at the time the Preston Lake's subdivision was engineered and constructed and for what ever reason was not. As a result of this oversight, the Town will be constructing the requested line, providing sewer service to their home. The Dalton's will be dedicating a 10' easement along the Robinson Creek Dr. ROW in which the line will be located. The cost to construct said service is estimated not to exceed $15,000. As part of the discussions with the Dalton's, the Town was made aware of their plans to subdivide the property creating two additional lots, thus the line is being upsized to accommodate a total of three service lines. The cost to upsize the line and accommodate the two additional service lines is minimal. The Dalton's now are requesting that the Council consider waiving all or part of the applicable impact and dedication fees associated with their pending subdivision of their remaining land. There are no provisions in the impact or dedication fee ordinance for the waiving of the associated fees without some type of investment or "credit" being in place to offset the corresponding fee. In her memorandum Mrs. Dalton describes each of the fees that will be charged in the future to whomever builds on one the lots the Dalton's plan on creating. At this point and in terms of direct expenses to be paid by the Dalton's are only the zoning, platting, Sewer impact and sewer tap fees for their respective "lot" on which their home is located (Lot 1). The balance of the fees for lots 2 Agenda Item No. 8 - Page 1 of 3 and 3 (due south of their home) are to be paid at the time the building permits are applied for and picked up by whom ever the future residents might be. To be clear these are not fees paid up front just because the lots are created and are only paid at the time of the issuance of a building permit, in this case, a new home for a new resident. While staff appreciates the Dalton's view point that they are not developers, the fact is that they are creating two new lots. A future buyer of one of these two lots is no different than the buyer of a vacant lot in Preston Lakes, La Cima or in the downtown residential area. The same impact and dedication fees are charged at the time a building permit is applied for and picked up to all of these new construction projects. The provisions for the payment of impact and dedication fees are not site specific to one subdivision, in this case Preston Lakes, or other pending developments. As you are all aware, the CIP and Parks plan includes improvements to facilities located in this general area as well as all over the Town. For example, the expansion of Prosper Trail is a CIP project for which impact fees paid for by new homeowners and new businesses contribute to the cost of their construction. The same is true for example for the construction of the 57 acre community park or for the acquisition and or improvement of other future parkland. The Town has through its impact and dedication fee ordinances established and adopted policy that new residents and businesses through their payment of these fees will help offset the cost of these improvements so that current tax payers are not burdened if you will by the entire cost. Budget Impact: It appears from the request by Dalton's that they are specifically requesting a waiver of the transportation impact fees and Park Improvement and Park Dedication Fees for lots 2 and 3. According to the request, these fees total $8,116.00 for the transportation impact fees, $2,000.00 for the Park Improvement Fees, and between $6,000 to $8,000 for the park dedication fees. If these fees were to be waived, basically that would mean that there would be these amounts not available to contribute towards the purchase of ROW or property, the expansion of roads or the improvement of new parks. Legal Obligations and Review: The request has been forwarded to Legal for Review. Attached Documents: 1. A resolution authorizing the Town Manager to execute a letter of agreement between the Town of Prosper and Arthur and Karie Dalton relating to transportation impact fees, park improvement fees and park dedication fees. 2. A memorandum of Request from Arthur and Karie Dalton 3. A letter from the Town Attorney (Letter from Rebecca will be provided before Tuesday, March 11, 2008) 4. An exhibit detailing the location of the 10' sanitary sewer line being constructed by the Town to service the Dalton's home and the two potential lots being created. 5. Resolution No. 01-36 Town Staff Recommendation: Town staff does not recommend that the Town Council approve a letter of agreement relating to transportation impact fees, the park improvement fees and the park dedication fee requirements for the two new lots potentially being created. If the Town Council is able to negotiate with the Dalton's some sort of "credit" or other consideration, then for example the Transportation Impact Agenda Item No. 8 - Page 2 of 3 Fee could be offset. Depending on the value of the consideration, other credit may be considered for the Park Improvement and Park Dedication Fees. Without any type of "other consideration" there does not appear to be a mechanism in place to waive or abate any of the town's impact or dedication fees. For discussion purposes only I have include the ROW map for Prosper Trail showing the need to acquire approximately 4,200 square feet of the Dalton's property along their northern property line. Using this as an example, as part of the widening of Prosper Trail, this approximate 20' x 200' strip of land will need to be acquired for the pending widening of Prosper Trail from 289 to the tollway. The impact fees that would normally be paid by the new residents would be placed in the impact fee fund which in turn would be used to acquire ROW such as what is shown to be currently owned by the Dalton's. Again, this is for illustrative purposes only but does demonstrate the relationship between the purpose of impact fees and how they are used. Agenda Item No. 8 - Page 3 of 3 MEMO TO: Mayor and Prosper Town Council FROM: Arthur "Sug" and Karie Dalton ("Dalton's") CC: Chris Copple and Hulon Webb DATE: February 5, 2008 SUBJE Expenses Associated with Sale of Two Lots Located Adjacent to Dalton Home As most of you are aware, we are in the process of attempting to sell two lots adjacent to our property to prospective buyers, Tom and Elizabeth Thompson ("Thompson's"). The property is located on Robison Creek Drive, just south of Prosper Trail. For your reference, attached as Exhibit A is an aerial view of the property. As you may recall, after a final determination that our lots were previously overlooked when laying the sewer lines, the Town has graciously agreed to correct this error, and we appreciate that submission. In order to sell these two lots, we researched the expenses associated with selling, zoning, platting and building two houses (with the exception of the building permits). Needless to say, we were extremely shocked at the total amounts expected to be paid by the Dalton's and/or Thompson's. We have attached as Exhibit B a list of the costs detailing each expense. Our request is for you to review the attached list and agree to waive some of these costs/fees/expenses. Chris and Hulon -- please notify us if there are any additions, deletions or corrections to Exhibit B. Our families have been in Prosper since the 1800's and we are very proud of our town. Although we hate to see the town's beautiful farmland/pasture evolve into rows of houses, we understand that growth is necessary to sustain existence. With that being said, we understand the logic in asking us to pay for some of the fees, however it is unclear as to why we would be expected to pay all of the costs, specifically the costs associated with the parks and roads. We are not developers and builders, we are loyal tax -paying residents of Prosper. The cost base for parks and roads should already be more than compensated for by the Preston Lakes development and the pending developments by the "real developers" to the north and west who are in it for profit with huge lot counts that really have an environmental impact. The existing development and the impact fees already paid for and the substantial increase in tax revenue by moving the current ag tax base to residential for the property in question should make the impact to "parks and roads" nonexistent. The Dalton's and Thompson's just want to build a house or two and be neighbors. If the Town does not agree to waive some of these fees, these lots may not sell, and the Town will not reap the tax revenues that residential lots will bring (versus the tax revenues for unimproved lots). The contract between the Dalton's and the Thompson's was signed back in November, 2007. We have hit several obstacles (including sewer issues, surveying, zoning and platting) that have pushed the closing (if any) back to April, 2008, so your attention by voting on this matter immediately will be deeply appreciated. We want to thank the Mayor, City Manager, City Planner, City Engineer and all of the Council Members for taking the time to discuss these issues with us, and we truly appreciate your consideration of this matter. EXHIBIT B EXPENSES TO BE PAID BY EITHER BUYER OR SELLER: Zoning Application and Expenses $ 510.00 Platting Expenses $ 420.00 Sewer Impact Fees Lot #1 $1,977.00 Sewer Tap Fees Lot #1 $ 400.00 Water Impact Fee Lot #2 $2,595.00 Water Tap Fee Lot #2 $ 925.00 Sewer Impact Fee Lot #2 $1,977.00 Sewer Tap Fee Lot #2 $ 400.00 Roadway Impact Fee Lot #2 $4,058.00 Park Improvement Fee Lot #2 $1,000.00 Water Impact Fee Lot #3 $2,595.00 Water Tap Fee Lot #3 $ 925.00 Sewer Impact Fee Lot #3 $1,977.00 Sewer Tap Fee Lot #3 $ 400.00 Roadway Impact Fee Lot #3 $4,058.00 Park Improvement Fee Lot #3 $1,000.00 Park Dedication Fee 5% of value of lots (between $6,000 - $8,000) Rollback Taxes TBD ;t:$32,000.00 (not including rollback taxes) A • t . ; r �. �:,tt-�i:l� �i'i�..�' ry{trrY�r4 -.F _ -, D, ,:, + - you •;, _. _ „_ .. r , �. • '_�� >� '�:.•� ' ice: : Z: ,.r err 3'+ {i{�'Lr'!'... :ti l�-fc' i' t. 'l� .tt -_ •y;-: � .,: .�,r(_ v' '•�. :si :f r fie. %.r x• ;st:+t= :;: P`►'! NO WK, i art;" VARIABLE WIDTH RIGHT-OF-WAY DEDICATION BEING a tract of land located in the J.R. TUNNEY SURVEY, ABSTRACT NO.916, Town of Prosper, Collin County, Texas and being a part of a tract of land described in Deed to Karie Dalton and Arthur Dalton, recorded in Volume 4233, Page 128, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 518 inch iron rod found in the existing North right-of-way line of Prosper Trail (County Road No. 48), a variable width right-of-way, at the Southwest corner of a tract of land described in Deed to Saddle Creek Investments, Ltd., recorded in Document No. 20061025001532680, Deed Records, Collin County, Texas; THENCE South 00 degrees 24 minutes 07 seconds East, leaving said existing North right-of-way line, a distance of 81.11 feet to a 1/2 inch iron rod found in the existing South right-of-way line of said Prosper Trail at the Northwest corner of said Dalton tract, said point being the POINT OF BEGINNING of the tract of land herein described; THENCE North 89 degrees 31 minutes 24 seconds East, along said existing South right-of-way line, a distance of 208.00 feet to a 1/2 inch iron rod found at the Northeast comer of said Dalton tract; THENCE South 00 degrees 29 minutes 36 seconds East, leaving said existing South right-of-way line and along the East line of said Dalton tract, a distance of 21.50 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the proposed South right-of-way line of said Prosper Trail; THENCE North 89 degrees 45 minutes 29 seconds West, leaving said East line and along said proposed South right-of-way line, a distance of 207.98 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA' set for comer in the West line of said Dalton tract; THENCE North 00 degrees 36 minutes 26 seconds West, leaving said proposed South right -of --way line and along said West line, a distance of 18.89 feet to the POINT OF BEGINNING and containing 4,200 square feet or 0.096 acres of land, more or less. R:\Oata\2007WU4\00\Sutvey D=\Eesements\071MMMT01.doc Page i of 2 VICINITY MAP NOT 10 SCALE AXXIUM LAND DEVELOPMENT VOLUME 5816. PAGE 1739 D.R.C.C.T. 5 8" IRFi POINT OF REGINNING� J LEGEND D.R.C.C.T. - DEED RECORDS, COLLIN COUNTY, TEXAS M.R.C.C.T. - MAP RECORDS COWN COUNTY, TEXAS O - 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) • 1/2" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "DAA" SET" (UNLESS OTHERWISE NOTED) NOTE: BASIS OF BEARINGS DERIVED FROM THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD63, NORTH CENTRAL ZONE SADDLE CREEK INVESTMENTS, LTD. DOCUMENT NO. 2000102SWI532680 D.R.C.C.T. POINT OF o p 10o ao sa• a �m COUNTY OF COLON VOLUME 5058, PAGE 5451 D.R.C.C.T. PROSPER TRAIL (COUNTY ROAD NO. 48) (VARIABLE WIDTH RIGHT—OF—WAY) 2 1 3 MICHAEL G PERRY AND WIFE. KARIE DALTON AND PRESTON LAKES CABINET 6, SLIDE 135 LEANN B. PERRY DOC. N 4780 ARTHUR DALTON M.R.C.C.T. T D..R.CC..CC..T.. VOLUME 4233, PAGE 128 D.R.C.C.T. VARIABLE WIDTH RIGHT—OF—WAY DEDICATION 4,200 SQUARE FEET OR 0.096 ACRES J.R. TUNNEY SURVEY, ABSTRACT NO. 916 TOWN OF PROSPER, COLON COUN A DOWDEY, ANDERSON & ASSOCIATES, INC. Sean Shroppsshire 5wV1bgewDiN�,9ftn PhogTo0t151Si Registered Professional Land Surveyor Plaae975+9 j4W Fa ffW1428 No. 5674 2 of 2 07114ESMT01 RESOLUTION NO. 01-36 CR 48 ROAD IMPROVEMENTS WHEREAS, Collin County plans to upgrade County Road 48 from rock to asphalt using proceeds from the 1999 Bond Program; and WHEREAS, County Road 48 is designated on the Collin County Thoroughfare Plan as a major four(4) lane divided road with a typical right-of-way width of one hundred (100) feet; and WHEREAS, the County has reached a tentative agreement with Arthur and Karie Dalton to acquire additional property to provide eighty (80) feet of right-of-way along the section of County Road 48 adjoining their property; and WHEREAS, the Dalton's have tentatively agreed to provide an additional twenty (20) foot wide utility easement adjacent to the proposed south right- of-way of County Road 48; and WHEREAS, the Town Engineer agrees that eighty (80) feet of right-of-way along with the twenty (20) foot utility easement will provide adequate width for future construction of a four (4) lane road; and NOW THEREFORE BE IT RESOLVED BY THE TOWN OF PROSPER, TEXAS: The Town of Prosper agrees that eighty (80) feet of right-of- way with an adjoining twenty (20) foot utility easement will be sufficient along the Dalton tract; further agreeing that no additional right-of-way will be required from the Dalton's to widen County Road 48. PASSED AND APPROVED BY THE TOWN OF PROSPER, on this the 8tn day of January, 2001. Jirn Dunmire, Mayor Amber Phillips, Town Secre ary ■ HUNTER ASSOCIATES TEXAS, LTD. �\ ENGINEERS/PLANNERS/SURVEYORS 8140 WALNUT HILL LANE • ONE GLEN LAKES • SUITE 500 • DALLAS. TEXAS 75231.4350 • 2141369 91 7 1 . FAX 214 505 EAST HUNTLAND DRIVE • SUITE 250 • AUSTIN. TEXAS 78752 • 512/454.8716 • FAX 5121454-2433 6990 MAIN STREET • FRISCO. TEXAS 75034 • 972f712.6400 • FAX 972f712-4880 December 5, 2001 Honorable Jim Dunmire, Mayor Town of Prosper P.O. Box 307 Prosper, TX 75078-0307 RE: Right -of -Way & Utility Easement Prosper, Texas Dear Mayor Dunmire: We received a call from Jeff Durham at Collin County relative to the proposed improvements on County Road 48 at a point west of Preston Road. The specific location is for street right-of-way in front of the Dalton Property as indicated on the two attached exhibit sheets. The condition is that Collin County is unable to acquire the full width roadway right-of-way in this location. The county has or will establish a full 80 foot wide clear right-of-way across the front of the Dalton land. They (all parties) are agreeable to also provide a utility easement across the Dalton Property. This easement combined with the right-of-way should provide for a full width of 100 feet or greater in this area. Collin County has requested that the Town consider the passage of a resolution in support of the County to construct the new improvements in the dedicated right-of-way. The future use of the utility easement should provide adequate right-of-way and easement for utilities for this project. We understand after the Town acts on the resolution, Jeff will take this to the next county meeting. We recommend consideration of approval of this resolution. If there are any questions, please call our office. Very Truly Yours, HUNTER ASSOCIATE TEXAS, LTD. Travis Roberts, Jr., P.E., R.P.L.S. President JTR/le Attachments cc: Mr. Jeff Durham, Collin County C:\LettersUTRlProsper\ROW&UdlityEasementl2-01 wpd V r 700 Vf'-:-.e0 Rcad r a WO; . W. W MKif.c. ey. 'e.g. 117 Fh.ne: 972,24!-3731 Fax F. 2443-3754 Phone* Pages: 3 IRO: CC: 13 Urgent D For Review 13 P:ease Comment 13 Please Reply 0 Please ReCYCId *Comments: -. ' __ i . . r�X Templeton 30' Koch Pipeline Easement G G Y W W V Z O m O cc TABLE ROCK Preston Lakes p TOWN EIZ To: Mayor and Town Council PARKS & RECREATION Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer From: Wade Harden, Senior Planner Re: Park Improvements & the PARBd Date: February 28, 2008 Agenda Item: Discuss and update Town Council on Town's planning efforts of sports facilities and receive input from the community. (WH) Description of Agenda Item: At the request of the Town Council this item is being brought forward for discussion. The following is a memo submitted to the Town Manager from Staff regarding discussions at the February 26th Town Council Meeting. Members of the Prosper Parks & Recreation Board, the Prosper Sports Association, and the Prosper Area Soccer Association have been informed of this discussion item and were encouraged to attend the meeting. Mike Land, To date one member of the PARBd (Loren Moulder) is on the Prosper Area Soccer Organization Board (P.A.S.O.) and no members are currently on the Prosper Sports Association Board (P.S.A.). Staffs understanding is there is some communication between the PARBd members and these Boards. Chair members of the respected organizations are contacted for input on issues Staff believes relevant to their function. Furthermore, all the PARBd meetings are open to the public and posted at Town Hall and on the Town's internet site. Prior to the development of Folsom Park, Staff contacted both P.A.S.O. and the P.S.A. and met with the respected chair members. Input from both organizations was considered in the design stages of Folsom Park. A board member of one of the organizations was concerned with the Folsom design, so Staff encouraged the member on multiple occasions to attend the PARBd meetings to give input on specific items placed on the agenda concerning the project, though due to scheduling conflict the member was unable to attend the meetings. During the planning stages of the Parks, Recreation and Open Space Master Plan a detailed survey was conducted by Raymond Turco & Assoc. and measured against the National Recreation and Park Association (N.R.P.A.) standards. The adopted Parks Master plan at a minimum recommends the N.R.P.A. standard and in some cases recommends service levels Agenda Item No. 9 - Page 1 of 2 above the minimum standard. Referring to the Parks Master Plan, the Town presently has an insufficient number of competition soccer and football fields, while there is a surplus of one (1) competitive baseball field. Staff relies heavily upon the plan along with public input (including P.S.A. and P.A.S.O.) when making recommendations to the PARBd on what types of improvements should be constructed within a park. Staff realizes the immediate need for practice facilities for all sports and is in the process of constructing new facilities to meet the demand. The goal is to meet the demand for competitive fields with the construction of the 57 acre park and use the, then existing competition fields as additional practice fields. Upon the completion of the 57 acre park the number of soccer, football, baseball, and softball fields should exceed the N.R.P.A. standard. As with the Folsom project Staff will contact the P.S.A. and P.A.S.O. to solicit input to present to the PARBd. Concerning Park Agreements, the only agreement with a non-profit organization is with the P.S.A. This agreement is solely for the scheduling of recreational facilities. The P.S.A. is not a representative of the Town and the agreement can be terminated at any time upon notice by the Town. Current PARBd Members include - Email Trent Lewis - Board Chairman trent lewis(@prospertx.gov Rutledge Gordon - Board Vice Chairman rutled e gordon@prospertx.gov Thomas Blaney Board Secretary thomas blaneygprospertx.gov Jan Brown jan brown gprospertx.gov Charity Gilson charity ilg son@prospertx.gov Loren Moulder Loren moulder a prospertx.gov Jeff Stang Jeff stangga,prospertx.gov Term Expires Sept 2008 Sept 2009 Sept 2009 Sept 2008 Sept 2008 Sept 2009 Sept 2009 Should you have any questions or would like additional information regarding the extent of contact and information gathered from these organizations please let me know. Thanks, Wade Harden, Senior Planner Town of Prosper Agenda Item No. 9 - Page 2 of 2 PARKS & RECREATION To: Mayor and Town Council Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer From: Wade Harden, Senior Planner Re: Change Order Request from Halff & Assoc. Date: March 4, 2008 Agenda Item: Consider and possibly act upon a recommendation to Town Council for a Change Order request by Halff and Associates. Description of Agenda Item: Halff & Associates is requesting a Change Order in the amount of $5,187.50 for seven additional meetings and twenty-four hours of additional work (as outlined in the attachment). The change order being an additional 7.2% from the original contract of $72,000, for a total of $77,187.50 if approved. Budget Impact: If approved, the request would be funded through the General Fund. Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: Email from Francois DeKock of Halff & Assoc. Park Board Recommendation: The PARBd recommends the Town Council approve the Change Order for additional services in the amount requested ($5,187.50). Town Staff Recommendation: Staff recommends the Town Council approves Change Order #1 as requested by Halff and Associates in the amount of $5,187.50, increasing the contract total to $77,187.50. Agenda Item No. 10 - Page 1 of 2 Date: January 1st, 2008 From: Francois DeKock, Halff & Assoc. To: Wade Harden, Town of Prosper CC: Lenny Hughes, Halff & Assoc. Wade As per the contract agreement with the Town of Prosper, Halff will provide 15 final bound colored copies of the 2007 Prosper Parks, Recreation and Open Space Master Plan, which we will deliver and present at the Parks Board meeting January 24, 2008. As per previous discussions, please receive an outline of additional effort that Halff incurred with the preparation and finalization of the Parks Master Plan. Such effort includes attendance of meetings beyond the amount typical anticipated or what the contract stipulates; and work hours due to additional revisions required. Meetings After the presentation of the draft Plan to the Town Council November 8, 2006, Council directed staff to solicit direct input from developers that operate in the Town of Prosper. All comments were duly considered and discussed during five subsequent Parks Board Meetings attended by Halff between December 21, 2006 and March 29, 2007. This led to three additional Council meetings attended by Halff which included a Council Meeting / Public Hearing on July 10, 2007, a Council Meeting August 14, 2007 and a Public Hearing September, 18, 2007. Since one Public Hearing was scheduled as per the contract agreement, the additional seven meetings referred to above comprise those over and above what were originally required for this project. Work Hours The additional revisions required by the developers' input as well as Council near the end of the project, lead to an additional effort of about 24 hours. Summar effort ffort The additional effort may be valued as follows: Meetings: 7 meetings of 2.5 hours each @ $125 per hour = $2,187.50 Work Hours: 24 hours @ @ $125 per hour $3,000.00 TOTAL: $5, 187.50 Please consider and should you have any questions, please do not hesitate to contact me. Thanks Francois Agenda Item No. 10 - Page 2 of 2 IOSPER WN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Hulon Webb, Development Services Director Re: Town Council Meeting — March 11, 2008 Date: March 7, 2008 Agenda Item: Consider and act on a resolution approving the Town's Annexation Plan in accordance with Section 43.052 of the Texas Local Government Code. Description of Agenda Item: The State Legislature in the late 1990's approved legislation requiring cities to adopt an "Annexation Plan" covering a period of three years from the city's adoption of said plan. This legislation did not impact any of the requirements for annexation for General Law cities which Prosper was until late 2006. Since Prosper has become a Home Rule Municipality, Annexation Statutes regarding the process do apply. Specifically, cities are required to adopt an Annexation Plan unless certain exemptions provided for in the statute regarding the adoption of the plan are met. Section 43.052 sets out these exemptions which include 1) the area containing fewer than 100 separate tracts of land which one or more residential dwellings are located on each tract, 2) if 50% of the real property owners petition for annexation, the area was part of an industrial district, a strategic partnership, located in a colonia, or the city determines that the area is needed to protect the city from imminent destruction of property or injury, or a condition or use that constitutes a public or private nuisance. Based on the discussions to date, the Town of Prosper's proposed annexations fall under the first exemption therefore a "plan" is not required. Even though a plan is not required it has been suggested by TML and legal council that the Town adopt the attached resolution stating the Town's intent to follow State Statutes. The language in the resolution is essence is a statement by the Town that it will at this time perform its annexations in accordance with Section 43.052 (h) and has the right to amend its plan at any time. Additionally, the resolution as presented was drafted by TML and used by many cities and towns throughout the State as a general resolution in an effort to meet the intent of the law. Budget Impact: There is no budget impact in adopting this resolution. Legal Obligations and Review: TML provided the language used within the resolution Council is considering. Agenda Item No. 11 - Page 1 of 2 Attached Documents: 1. A resolution adopting approving the Town's Annexation Plan in accordance with Section 43.052 of the Texas Local Government Code. Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution. Agenda Item No. 11 - Page 2 of 2 Annexation Plan For The Town of Prosper Resolution No. 08-xxx Whereas, Section 43.052 of the Texas Local Government Code required that each Town adopt an annexation plan on or before December 31, 1999 to include territory the Town plans to annex three years from the date the territory is placed in the plan. Whereas, Section 43.052(h) of the Local Government Code provides several exceptions that authorize cities to annex territory without placing the territory in an annexation plan; Whereas, annexations contemplated by the Town of Prosper come within one or more of these exceptions; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN Isis' � 01 ' That the Town Council has reviewed the future expansion needs of the Town and has determined that, at this time, the Town does not intend to annex any territory that is required to be in an annexation plan in order to be annexed. The Town Council reserves the right to amend the annexation plan in the future to add territory for annexation. This annexation plan is passed and approved this 111h day of March, 2008. Charles Niswanger, Mayor ATTEST: Matthew Denton, TRMC Town Secretary PLANNING p TOWN ER 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 — March 11, 2008 Date: March 6, 2008 Agenda Item: Consider and act upon 1) a Professional Surveying Services Agreement with Spiars Engineering and 2) a Resolution authorizing the Town Manager to execute the same. Description of Agenda Item: Spiars Engineering will prepare fifteen boundary exhibits and legal descriptions (Phase 1, highlighted in pink, for annexation parcels in various locations in Prosper, Texas. These parcels are shown on the "Proposed 2008 Annexation Map" provided in the Professional Surveying Services Agreement which is attached for reference. : Budget Impact: The $28,700 to be funded from the General Fund. The contract for services only covers the first phase of annexations (in the pink, February through May timeframe). The second phase as proposed in all probability would begin after the start of the new fiscal year in October of 2008. That way, the specific line item for survey work and annexation cost will be included in the budget. Legal Obligations and Review: None Attached Documents: 1. Professional Surveying Services Agreement 2. Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve 1) a Professional Surveying Services Agreement with Spiars Engineering and 2) a Resolution authorizing the Town Manager to execute the same. Agenda Item No. 12 - Page 1 of 1 p i a r s E N G I N E E R I N G 730 E. Park Blvd., Suite 210 • Plano, Texas 75074 a (972) 422-0077. Fax (972) 422-0075 February 1, 2008 Mike Land Town Manager Town of Prosper 121 West Broadway Street Prosper, TX 75078 RE: Professional Surveying Services Prosper, Texas SEI Project No. 08-010 Dear Mr. Land: Spiars Engineering, Inc. (SEI) appreciates the opportunity to submit this proposal to provide surveying services required to prepare fifteen boundary exhibits and legal descriptions for annexation parcels in various locations in Prosper, Texas. These parcels are shown on the "Proposed 2008 Annexation Map", which is attached for reference. The Scope of Services shall include the following: SCOPE OF SERVICES Annexation Exhibits & Legal Descriptions 1. Conduct deed research as required to establish ownership of all land within and adjacent to the proposed annexation boundaries. 2. Prepare a sealed metes and bounds description of each proposed annexation boundary based on the land title records, as allowed under Texas Administrative Code Rule §663.21 (copy attached), which will be suitable for annexation purposes. 3. Prepare a sealed metes and bounds description and exhibit of each proposed annexation boundary that complies with the Town of Prosper Annexation checklist (copy attached). Note that no field work is included in this proposal; no "on the ground" topographic data will be shown on the exhibits. 4. Deliver annexation exhibits in .pdf format to the Town via e-mail for review and comment by Staff. 5. Address all comments and deliver three 24" x 36", three I V x 17" and three 8.5" x 11" copies of each annexation exhibit to the Town. Information to be Provided by the Town SEI requests that Town Staff confirm the ownership and limits of Area #8 (0.230 ac) and Area #9 (2.256 ac). The areas as shown on the Annexation map differ slightly from the data available through the county. Annexation Boundary Exhibits February 1, 2008 Page 2 of 9 FEE SCHEDULE We propose to provide the herein -described services for the following lump sum fees: Area # Acreaee Price 1 35.449 $1,600.00 2 9.625 $1,550.00 3 20.023 $2,100.00 4 30.038 $1,700.00 5 81.921 $1,800.00 6 12.940 $1,600.00 7 8.340 $1,450.00 8 0.230 $1,400.00 9 2.256 $1,600.00 10 21.674 $2,650.00 11 148.854 $4,250.00 12 0.066 $1,250.00 13 33.372 $2,900.00 14 6.784 $1,450.00 15 4.418 $1,400.00 Total $28,700.00 Notes Work will be scheduled to commence upon receipt of the signed agreement. It is anticipated that all exhibits can be delivered to the Town within four weeks. All billing will be on a monthly or milestone basis for all work completed within that month. Payment shall occur within 30 days after submittal of invoice. Reimbursable expenses (copies and mileage) as detailed in item #5 above are included in the lump sum fees. Any additional reimbursable expenditures (printing, deliveries, CAD plots, travel, etc...) will be invoiced at 1.1 times our cost. Any services not specifically addressed in this proposal shall not be performed without written or verbal authorization from the client. Additional services will be performed on an hourly basis at the current hourly rates unless otherwise specified. Annexation Boundary Exhibits February 1, 2008 Page 3 of 9 I appreciate the opportunity to submit this proposal and look forward to working together. Please feel free to call if you have any questions. Sincerely, SPIARS ENGINEERING, INC. Matthew M. Dorsett, P.E. Accepted: Printed Name: Title: Name of Company: Date: a a m a2i•2l31Sf10 c c� 00) N L) CD � C N 3 O_ w Q V X Q Q 1p t) M ^ Qui N N N O cc L a C N a 000 a J W C1 Q LU N •g O w a N N nw w J C N O 0 C 0 a a a CN-1100 i F°3 0 N a � 'O co � cc x Q ch _2 O O CD coLL a F- � Z ad �. -a a LL N '� U / 0CL � V a 0 Q a NM 1S Nb'W3�0.) LM Q CIS CD a Q Z a o 0 had•SY-11- Va Ch o cs N w d o CO � o y m 1.MNd•SV-11 O a d of ? co Q ti �o m C N Q Lq M C M 0 : Texas Administrative Code Page 1 of 1 <<Prev Rule Texas Administrative Code Next Rule>> TITLE 22 EXAMINING BOARDS PART 29 TEXAS BOARD OF PROFESSIONAL LAND SURVEYING CHAPTER 663 STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCT SUBCHAPTER B PROFESSIONAL AND TECHNICAL STANDARDS RULE §663.21 Descriptions Prepared for Political Subdivisions A registrant or licensee may prepare, sign, and seal a metes and bounds description from public land title records upon satisfying all of the following minimum conditions: (1) The description is prepared for a political subdivision of the State (which is defined as a county, city, district, or other body politic of the State having a jurisdiction over only a portion of the State) for the sole purpose of defining or modifying the boundaries of the political subdivision. (2) The description must be unambiguous and locatable on the ground by ordinary surveying procedures; (3) Any record monument or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories; (4) The surveyor signing the work must have performed an on the ground survey to support any course and distance recited in the description, except that the description may quote courses and distances from recorded documents (such as deeds) as long as the recording reference for any recited document is also quoted in the description; and (5) Any survey document prepared under this rule shall bear a note as follows: "This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Source Note: The provisions of this §663.21 adopted to be effective July 18, 1999, 24 TexReg 5195 Next Page Previous Page List of Titles Back to List I http://info.sos.state.tx.uslplslpublreadtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tl... 2/ 1 /2008 ANNEXATION CHECKLIST PROVIDE COMPLETED CHECKLIST SIGNED BY PREPARER WITH APPLICATION An application petition and a $250.00 application fee shall be accompanied by the following materials: o A legal description (metes and bounds) of the property to be annexed on 8 Y2" x 11" paper titled as "Exhibit A" and sealed and signed by a surveyor. o Three 24" x 36", three 11" x 17", and three 8 Y2" x 11" copies of an annexation exhibit (Exhibit A) containing the following information: • Title block located in lower right corner (titled as Exhibit A) with subdivision name or survey name and abstract number, tract number, acreage, and preparation date • Names, addresses, and phone numbers of owner, applicant, and surveyor • The legal description (metes and bounds) of the area within the annexation request shall be inlcuded on the annexation exhibit and sealed and signed by a surveyor. • North arrow, scale, and location/vicinity map • Property boundary and dimensions • Adjacent streets with names • Distance to nearest cross street Preparer's Signature 18 p i a r s E N G I N C F R I N G Engineering and Planning Services Lump sum/fixed contract. The basis of compensation for additional services not ncluded in a lump sum/fixed fee contract by Spiars Engineering. Inc. shall be in accordance with the attached employee rate schedule. Limitation of Liability. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability in the aggregate of Spiars Engineering, Inc. and Spiars Engineering, Inc.'s officers, directors partners, employees, agents and Spiars Engineering, Inc.'s Subconsultants, and any of them, to Client and anyone claiming by through or under Client, for any and all claims, losses, costs, or damages whatsoever arising out of resulting from, or in any way related to the Project or the Agreement from any cause of causes, including but not limited to the negligence, professional errors or omissions, strict ',ability or breach of contract or warranty express or implied of Spiars Engineering, Inc. or Spiars Engineering, Inc. officers, directors, partners, employees, agents or Spiars Engineering inc.'s Subconsultants or any of them, shall not exceed the total compensation received by Spiars Engineering, Inc. under this Agreement. III. No Consequential Damages. Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or Spiars Engineering, Inc., their employees, agents, or subconsultants. Consequential damages include, but are not limited to loss of use and loss of profit. BASIS OF COMPENSATION 8 STANDARD AGREEMENT VIII. Payments and Interest. Client recognizes that prompt payment of Spiars Engineering, Inc.'s invoices is an essential aspect of the overall consideration Spiars Engineering, Inc. requires for providing service to Client. Client agrees to pay all charges not in dispute within 30 days of date of invoice. A statement of charges for services will be submitted at the beginning of each month. All accounts past due 60 days from date of invoice shall pay interest at the rate of 18% (1.5`R per month), or maximum allowable by law, whichever is lower, of the past due amount per month. IX. Cessation of Services. If client for any reason fails to pay the undisputed portion of Spiars Engineering, Inc.'s invoices within 30 days of invoice date, Spiars Engineering, Inc. has the right to cease work on the project and Client shall waive any claim against Spiars Engineering, Inc. for cessation of services and shall defend and indemnify Spiars Engineering, Inc. from and against any claims for injury or loss stemming from Spiars Engineering, Inc.'s cessation of service. Client shall also pay Spiars Engineering, Inc. the cost associated with premature project demobilization. In the event the project is remobilized, Client shall also pay the cost of remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. IV. No Duties to Third Parties. The services to be performed by Spiars Engineering, Inc. under this Agreement are intended solely for the benefit of the Client. Nothing contained herein shall confer any rights upon or create any duties on the part of Spiars Engineering, Inc. toward any person or persons not a party to this Agreement including but not limited to any contractor, A. subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of them. V. Claims Limited to Insurance Coverage. The Client and Spiars Engineering, Inc. waive all rights for damages, each against the other and against the contractors, subconsultants, agents, and employees of the other, but only to the extent covered by property insurance during or after construction, except such rights as they may have to the proceeds of such insurance. VI. General Contractor Duties and Responsibilities. Neither the professional activities of Spiars Engineering, Inc., nor the presence of Spiars Engineering, Inc. or his or her employees and subconsultants at a construction site, shall relieve the General Contractor or any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Spiars Engineering, Inc. and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. The Client also agrees that the Client, Spiars Engineering, Inc. and Spiars Engineering, Inc.'s Subconsultants shall be indemnified and shall be made additional insureds under the General Contractor's genera' liability insurance policy. Legal Action. In the event legal action is necessary to enforce the payment terms of this Agreement, Spiars Engineering, Inc. shall be entitled to collect from the Client any judgment of settlement sums due, plus reasonable attorney's fees, court costs and other expenses incurred by Spiars Engineering, Inc. in connection therewith and, in addition, the reasonable value of Spiars Engineering, Inc. time and expenses spent in connection with such collection action, computed according to Spiars Engineering, Inc. prevailing fee schedule and expense policies. Dispute Resolution and Termination. In the event any invoice or portion thereof is disputed by Client, Client shall notify Spiars Engineering, Inc. within 10 days of receipt of the invoice in question, and Client and Spiars Engineering, Inc. shall work together to resolve the matter within 60 days of its being called to Spiars Engineering, Inc. attention. If resolution of the matter is not attained within 60 days, either party may terminate this Agreement in accordance with conditions indicated in the termination clause in section VII. XII. Mediation. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project the Client and Spiars Engineering, Inc. agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. XIII. Other charges which may apply to the Client's project Include: A. Printing and reproduction shall be billed at cost plus 10% unless otherwise noted in this agreement. All direct non -labor expenses, including bid advertising, travel and subsistence for the principals and staff as required for the proper execution of the work shall be charged at cost plus 10%, unless otherwise noted in this agreement. Filing fees paid by Spiars Engineering, Inc. will also be charged at cost plus 10%. Travel by passenger vehicles shall be charged at the current standard mileage rate, as set forth by the federal government, plus 10%. VII. Cancellation. It is understood that this agreement may be canceled at any time by the Client and payment shall be due based on the method of computation in Section I only on Work Approved/Initial: performed or expensed incurred to date of cancellation. _ , XIV. Certfflcaflons: Guarantees and Warranties: Spiars Engineering, Inc. shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Spiars Engineering, Inc. cannot ascertain. XV. Miscellaneous. A. Intellectual Property. The drawings, specifications and any other work products (including but not limited to software programs and electronic media of any description) prepared by Spiars Engineering, Inc. for this project shall remain the property of Spiars Engineering, Inc. and Spiars Engineering, Inc. shall retain all common law, statutory and other reserved rights, including the copyright, where applicable. B. Entire Agreement. This agreement is the entire agreement between the parties with respect to the subject matter of this agreement and shall be binding upon and insure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and assigns. C. Counterparts. This agreement shall be executed with one or more separate counterparts; each of which, when so executed, shall together constitute and be one in the same instrument. D. Govemina Law and Venue. This agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas and the parties hereto agree and consent that venue for all purposes shall be in Collin County, Texas. Approved/Initial: m`p Y a r 'Ho E N G 1 N E E R I N G o 2008 RATE SCHEDULE PRINCIPAL $135.00/HR PROJECT MANAGER $1 10.00/1-1R PROJECT ENGINEER $ 95.00/HR DESIGN ENGINEER $ 85.00/HR PLANNER $ 85.00/HR SENIOR TECHNICIAN $100.00/HR TECHNICIAN $ 85.00/HR SURVEY MANAGER (R.P.L.S.) $1 15.00/HR SENIOR SURVEY TECHNICIAN $ 90.00/HR SURVEY TECHNICIAN $ 75.00/HR FIELD CREW (GPS) $195.00/HR FIELD CREW (Robotic) $145.00/HR ADMINISTRATIVE ASSISTANT $ 75.00/HR 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 PROFESSIONAL SURVEYING SERVICES AGREEMENT BY AND BETWEEN SPIARS ENGINEERING 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 Professional Surveying Services Agreement by and between Spiars Engineering and the Town of Prosper. SECTION 2: Resolved by affirmative vote of the Town Council on the 11th day of March, 2008. Charles Niswanger, Mayor ATTEST: Matthew Denton, Town Secretary p TOWN ER. To: Mayor and Town Council From: Kirk McFarlin, Police Chief Cc: Mike Land, Town Manager Matthew Denton, Town Secretary Re: Town Council Meeting — March 11, 2008 Date: March 4, 2008 Agenda Item: Discuss and act upon an ordinance establishing a new curfew for juveniles under the age of 17 years. This item was discussed at the November 27, 2007 meeting and the issue ended with a tie vote of the Council. Description of Agenda Item: The Town had passed an ordinance establishing a curfew several years ago and the ordinance must be revisited every three years or it will be automatically nullified. Discussions led the staff to believe that the hours of the old curfew were too restrictive and did not allow enough time for juveniles to interact and still comply with the hours defined within the ordinance. The times were adjusted to provide juveniles with more time, but still limiting their movement after midnight on the weekends and 11:00 pm on normal weekdays. The ordinance must be acted on every three years to keep it active. Discussion during the November 27 meeting indicated that the effective times of the curfew would be more acceptable if moved to 11:00 pm on normal weekdays and 1:00 am on weekends. Budget Impact: Normal fees from the Town's attorney for drafting and review of the ordinance will apply. Legal Obligations and Review: The Town's attorney has reviewed the ordinance and found it consistent with all legal obligations. Attached Documents: Juvenile Curfew Ordinance Board, Committee and/or Staff Recommendation: Staff recommends acting on this ordinance as it will provide the police with a tool to utilize in instances where juveniles are out after the curfew hours. Item No 13 Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND IMPLEMENTING A JUVENILE CURFEW; PROVIDING FOR DEFINITIONS, OFFENSES, DEFENSES TO PROSECUTION, ENFORCEMENT, SEVERABILITY AND SAVINGS/REPEALING CLAUSES, AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE AND TERMINATION PROVISION. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that there has been an increase in juvenile violence and crime by persons under the age of seventeen (17) in the Town of Prosper, Texas ("Prosper"); and WHEREAS, the Town Council has further investigated and determined that passage of this Ordinance will promote the general welfare and protect the general public through the reduction of juvenile crime and violence within Prosper; and WHEREAS, the Town Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, has an obligation to provide for the protection of minors from each other and from other persons; for the enforcement of parental control over and responsibility for children; for the protection of the general public; and for the reduction of incidence of juvenile criminal activities; and WHEREAS, the Town Council has further investigated and determined that its goals in enacting this ordinance include, but are not limited to, the following: (1) reducing the number of juvenile crime victims; (2) reducing injury accidents involving juveniles; (3) allow for reduced time for officers related to juvenile crime activities and accidents; (4) provide a tool for dealing with gang activity; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in the control of their children; and WHEREAS, the Town Council has further investigated and determined that it is in the best interests of Prosper and its citizens to establish a curfew for those under the age of seventeen (17) years, as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct on the citizens of Prosper. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings and determination set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2: Definitions. For purposes of this ordinance, the following terms shall apply: Curfew hours means 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and 1:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not limited to fire, natural disaster, and any automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. order. Guardian means any person to whom custody of a juvenile has been given by a court Juvenile means any person under seventeen (17) years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting an establishment. The term includes the members or partners of any association or partnership and the officers of the corporation. Parent means a person who is the natural or adoptive parent of a person, to include a court appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a court order, or by the court, or by the court appointed guardian to have the care and custody of a person. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, sidewalks, parks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Remain means to linger, stay, walk, run, stand, drive or ride; or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. SECTION 3: Offenses. (a) A juvenile commits an offense if the juvenile remains in any public place or on the premises of an establishment within Prosper during curfew hours. (b) A parent or guardian of a juvenile commits an offense if such person knowingly permits, or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or ride about in or upon any public place or on the premises of any establishment within Prosper during curfew hours. (c) The owner, operator, or any employee of an establishment with Prosper commits an offense if such person knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours. SECTION 4: Defenses to prosecution. (a) It is a defense to prosecution under Section 3(a) that the juvenile was: (1) Accompanied by the juvenile's parent or guardian; (2) On an errand at the direction of the juvenile's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the juvenile's residence or abutting the residence of a next -door neighbor if the neighbor did not complain to the police department about the juvenile's presence; (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by Prosper; a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by Prosper, a civic organization, or another similar entity that takes responsibility for the juvenile; (8) Exercising First Amendment rights protected by the United States Constitution; or (9) Married or had been married or had disabilities of minority removed in accordance with V.C.T.A., Family Code Chapter 31, as amended. (b) It is a defense to prosecution under Section 3(c) that the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. SECTION 5: Enforcement. Before taking any enforcement action under this Section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Ordinance unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in Section 4 is present. 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/RepealingClause. lause. 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Penalty Provision. (a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00). (b) When required by V.T.C.A., Family Code Section 51.08, as amended, the municipal court shall waive original jurisdiction over a juvenile who violates Section 3(a) of this Ordinance and shall refer the juvenile to juvenile court. SECTION 9: Effective Date and Expiration Date. This Ordinance shall become effective from and after its passage and publication and will expire three (3) years from its effective date, unless sooner terminated or extended by Town Council ordinance. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this day of 92008. CHARLES NISWANGER, Mayor ATTESTED: MATTHEW D. DENTON Town Secretary Dates of publication: , 2008 in PliSPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager Re: Town Council Meeting — March 11, 2008 Date: March 7, 2008 Agenda Item: Discuss and give direction to HOK for the Gateway Enhancement Project. Description of Agenda Item: HOK will be present Tuesday night to show the Council and community concept plans and drawings related to their assignment, developing Gateway Enhancements for the Town of Prosper. Earlier in the afternoon, HOK will be meeting with staff and the development community to review the work to date, gather input and direction. The meeting Tuesday night should be open to the public for comment even though it will not necessarily be listed as a "Public Hearing." All of the information the will be presenting to the Town on Tuesday is preliminary and will be available in a digital format. Everyone's input at this stage is very important as HOK begins to refine their concepts and prepare to present said concepts to TxDot and NTTA. Budget Impact: NA Leaal Obliaations and Review: NA Attached Documents: NA Town Staff Recommendation: zF_1 Agenda Item No. 14 - Page 1 of 1