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10.26.2010 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 Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 26, 2010 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. PRESENTATIONS 4. Presentation of certificates of appreciation for past Board and Commission members. EXECUTIVE SESSION 5. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; Section 551.072. a. To deliberate the purchase, exchange, lease or value of real property located at 611 Robison Creek Drive. b. To deliberate the purchase, exchange, lease or value of real property located at the southeast corner of First Street and Coit Road. 6. Reconvene into regular session and take any action necessary as a result of the closed session. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. Council members may 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.) 7. Consent Agenda NE MUTES a. Consider and act upon minutes from the following Council meetings. (MD) • October 12, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. Consider and act upon a resolution accepting and approving the 2010 Tax Roll. (MG) FINANCIALS C. Consider and act upon the financial statements ending September 30, 2010. (MG) 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.) 8. Other Comments by the Public. Page 1 of 2 REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 9. A public hearing to consider and act upon a request to rezone 18.0± acres, located 1,000± feet north of Prosper Trail and 100f feet west of Preston Road, to amend Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard). (Z10-0017). (CC) 10. A public hearing to consider and act upon a request to rezone 133.1f acres, located on the north side of First Street, 2,300f feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). (Z10-0018). (CC) DEPARTMENT ITEMS 11. Consider and act upon a change order 42 to Jacobs Engineering, Inc. for professional design services for the Community Park. (WH) 12. Consider and act upon 1) an award of bid to Identity Management Consultants, LLC. regarding construction services for the Park Sign Improvements project. 2) adopt a resolution authorizing the Town Manager to execute the same. (WI) 13. Discuss and receive input on the Drainage Utility System Fee Development Report. (HW) 14. Discuss and provide direction to staff regarding drainage system optional solution for Highland Meadows. (ML) 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 16. Adjourn. CERTIFICATION 1, 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, October 22, 2010 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. Page 2 of 2 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:04 p.m. Roll call was taken by Mayor Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 12, 2010 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro -Tern Kc Miller, Dave Benefield, David Vestal, and Jason Dixon (arrived 6. Staff present included: Mike Land, Town Manager; Hulon liWab, D Copple, Senior Planner; Wade Harden, Senior Planner; Curtis,iSmith, Finance Director; Wayne Snell, Building Official, and,l g#ew Denton, 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor John F,o,,wler, Prosper` Mayor Pro-Tem Smith led the Pledge of AN, 3. Announcements of dates and times Councilmember Benefield �larinouriced the Family Mayor Smith announced a Town Hall Meeting on 4. Pre§eritli,ation of c Mayor Smith��plr�esemed 1 Planning and Zonii gji'Corr CONSENT AGEND 5. Consent Agenda MINUTES , Deputy Mayor Pro-Tem Meigs of Development Services; Chris ant Fire Chief, Matthew Garrett, 31' at Rucker Elementary. 1, 2010 at 6:30 p.m. at Rogers Middle School. Board and Commission members. to George Dupont and Jason Dixon for serving on the a. Consider and act upon minutes from the following Council meetings. (MD) • September 27, 2010 — Special Town Council Meeting • September 28, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. 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) Page I of 3 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) d. Consider and act on a resolution endorsing a resolution by the City Council of the City of Weston regarding a previously approved Ultimate Boundary Agreement and Declaratory Judgment. (ML) e. Consider and act on 2010/2011 Ambulance Transport Fees. (RT) f. Consider and act upon a resolution opposing southern routes Alternative T5. (ML) ANNEXATION PETITIONS g. Consider and act to accept a petition presented by Dan Tolleson to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 12.693 acres of land generally located north of First Street and �4300± feet west of Custer Road. (MD) Mayor Pro-Tem Dugger requested item 5c be pulled from�the �tconsent agenda. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Mayor Pro-Tem Dugger to'14pprove items a, b, and d through G. II l Motion approved 6-0. t►I ��I��Iltt,.tlll�l(11III��'tt C. Consider and act upon the expenditureil.1111f Pa1rk Impro emennt Funds for improvements at Whitley Place Park. (WH) ,I{i111 �111,1114lWade Harden gave council backgroound informatilon this item! tI! 111,`I .nuuu,lta+dltlltlllilltf,. 'Ullith .,Nllitulu+�Ill�f�ltln.. 1ilb Motioned by Mayor Pro-Tieinl�Dugger, seconded by to put in the hours of operation signs for Whitley PI Motion approved 6-0. IIj�,d(IIIIIIttutim- 6. Other,iComments by the�IPublic. There were no comments by the publC�'!t �I REGULAR AGENDA+ Benefield to spend park improvement funds DEPARTMENT ITEMS 7. Consider and act upon an ordinance adopting the Green Built Texas Multifamily Protocol Version 1.0 with the Town of Prosper Addendum No. 1, creating the Town of Prosper Multifamily Green Building Program. (WS) Wayne Snell, Building Official, gave council background information on this item. Phil Crone, 5816 W. Plano Pkwy, Plano Texas, answered question for council. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to approve an ordinance adopting the Green Built Texas Multifamily Protocol Version 1.0 with the Town of Prosper Addendum No. 1, creating the Town of Prosper Multifamily Green Building Program. Motion approved 6-0. Page 2 of 3 8. Consider and act upon 1) a change order #2 to Jacobs Engineering, Inc. for Professional Design Services for the Community Park and 2) a resolution authorizing the Town Manager to execute the same. (WIT) Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tern Miller to table the item. Motion approved 6-0. 9. Discuss the Town's improved bond debt rating from Al to Aa3 by Moody's. (MG) Matthew Garrett, Finance Director, gave council background information on this item. Jason Hughes, First Southwest, answered questions for council. n ,nnr � 10. Consider and act upon an ordinance approving all ylmatterswinflina:cident and related to the issuance and authorization of the sale of Town of Prosper Tax Notest1119eries 2010 totaling $2,045,000 in Stu � connection with the radio dispatch center and the}lpurchase of twoihainbulances. (MG) Jason Hughes, First Southwest, gave council information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor, Pro -Tern Miller toil{adopt an ordinance approving all matters incident and related fo'tli"e issuance and authorization of the sale of Town of Prosper Tax ,ntf 11111 1114 Notes Series 2010 totaling $2,045,000 in coltu�eet b with the rad di'l�Idispatch center and the purchases of two ambulances. {11�I{i1{�{�'�� Motion approved 6-0. '1111111{ Ilii�,�. 1a1►1�{,►nr,.. II 11. Possibly direct Town Staffft{id Il Schedule 12. Adjourn. Motioned by Mayor,iPro em Dugger, siecondAl Motion annroved{i6�tOi�tllil�ii�{�1lli�,. Attest: Matthew D. Denton, TRMC Town Secretary a future meeting. Councilmember Vestal to adjourn. Ray Smith, Mayor Page 3 of 3 IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Mike Land, Town Manager Re: Town Council Meeting — October 26, 2010 Date: October 22, 2010 Agenda Item: Administration Agenda Item No. 7b Consider and act upon a resolution accepting and approving the 2010 Tax Roll. Description of Agenda Item: The Texas Property Tax Code, Section 26.09 (e) requires the Town Council to approve the Appraised Roll with tax amounts entered by the Assessor. The Collin County Tax Assessor Collector provided the attached letter and 2010 Tax Roll Summary with a taxable value of $1,147, 351, 802. Budget Impact: Consistent with Budget Legal Obligations and Review: Approval of this resolution is required by the Texas Property Tax Code, Section 26.09 (e). Attached Documents: Letter from the Collin County Tax Assessor Collector 2010 Tax Roll Summary Resolution Approving the 2010 Tax Roll Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution approving the 2010 Tax Roll as provided by the Assessor. Agenda Item No. 7b - Page 1 of 1 PER. TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ACCEPTING AND APPROVING THE 2010 APPRAISAL ROLL WITH TAX AMOUNTS ENTERED BY THE ASSESSOR, RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Property Tax Code, Section 26.09(e) requires the Town Council to approve the Appraisal Roll, and WHEREAS, the Town received notification from the Collin County Tax Assessor Collector as to the Tax Roll jurisdiction summary as of October 7, 2010, and WHEREAS, a statement summary of said 2010 Tax Roll is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The Town Council ofthe Town of Prosper, Texas does hereby accept and approve the 2010 Tax Roll as submitted by the Collin County Tax Assessor Collector. Section 2. That the attached Exhibit "A" constitutes the official Town of Prosper 2010 Tax Roll, containing a taxable value of $1,147,351,802. Section 3. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 4. That this resolution is effective on the date of passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 26th day of October, 2010. Ray Smith, Mayor ATTEST: Matthew D. Denton, Town Secretary KENNETH L. MAUN TAX ASSESSOR COLLECTOR COUNTY 2300 300 BloBlo omdale Road Go«�p Gomm" 4p, P.O. Box 8046 McKinney, TX 75070-8046 (972) 547-5020 METRO (972) 42414601460 ext. 5020 FAX (972) 547-5040 Email: kmaun@collincountytexas.gov October 7, 2010 Charles Niswanger, Mayor Town of Prosper P O Box 307 Prosper, TX 75078 Dear Charles Niswanger, Attached is the 2010 Tax Roll Summary for the Town of Prosper. Submission of the 2010 Tax Roll to your governing body for approval, in accordance with Texas Property Tax Code, Section 26.09, will constitute the 2010 Tax Roil for Town of Prosper. Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience. While this is a formality in the Texas Property Tax Code, we do want to fulfill the requirements of the law and do appreciate your cooperation. If you have any questions, please let me know. Sincerely, Kenneth L. Maun Tax Assessor Collector Cc: Ron Butler, MBA, Comptroller Matthew Garrett, Finance Director Run Date: October 06, 2010 Collin County Page 6 of 79 2010 TAX ROLL SUMMARY 05 - PROSPER CITY Amount Count NUMBER OF ACCOUNTS 5,412 MARKET VALUES ROLLCODE: MOBILE HOME Improvement $124,657 ROLLCODE: PERSONAL Personal $33,914,449 ROLLCODE: REAL Agriculture $452.476,537 Improvement $653,754,770 Improvement Non -Home Site $81,022.873 Land $279.066,363 Land Aq Land $1.476,168 Land Non -Home Site $153,226.605 TOTAL MARKET VALUE $1,655,062,422 DEFERRALS Aq $452,476,537 263 TOTAL DEFERRALS $452,476,537 EXEMPTIONS Absolute Exemption $1.178,481 3 Cap Adjustment $1,727,827 42 Disabled Veteran $1,484,109 29 Full $46.254,851 201 Nominal Value $4,291 21 Over65 $2.585,000 260 Pollution Control $1,931,188 4 Prorated $68, 336 7 TOTAL EXEMPTIONS $55,234,083 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $507,710,620 TOTAL MARKET VALUE $1,655,062,422 TAXABLE VALUE $1,147,351,802 ROLLCODE: MOBILE HOME Levy $648.22 25 ROLLCODE: PERSONAL Levy $174,516.87 330 ROLLCODE: REAL Levy $5,764.445.37 5,057 TOTAL LEVY $5,939,610.46 LEVY LOST DUE TO FROZEN $26,618.95 TaxRollSummary.rpt Revised October 06, 2010 ::) W S PER "A PLACE WHERE EVERYONE MATTERS" FINANCIALS FY 2009 - 2010 SEPTEMBER, 2010 The totals found in this report will not match the final totals for Revenues or Expenditures for FY 2009-2010. This report is being submitted for Council review similar to other months, but this report does not fully represent entries to be made into the month of September. As the final month of the Town's fiscal year, multiple entries will be made into this month as part of closing the fiscal year and resulting from the annual audit. T.5 1 L R 'a place where everyone matters' CASH OVERVIEW END -OF -MONTH CASH OVERVIEW (RECONCILED) SEPTEMBER, 2010 Internal General Water/Sewer Service Cap Prof Cap Prof Cap Prof Storm *Parks **Impact ***Sp Rev Sp. Rev Fund Fund I & S Fund 04 Bond 06 Bond 08 Bond Drainage (Ded + Imo) Fees Fund Escrow EDC TOTALS CASH -LOCAL BANK 3,138,189 2,751,088 239,473 45,353 252,777 1,767,701 97,980 739,506 1,605,656 89,213 1,018,995 1,416,010 13,161,940 TEXPOOL BALANCE 44,977 3,001,609 337,197 - 165,499 - - - 2,172,544 - - 71,244 5,793,070 TEXSTAR BALANCE 724,656 - - - - 1,462,292 2,618,638 - 1,235,497 2,475,882 969,978 21,164 9,508,107 TOTAL 3,907,821 5,752,697 576,671 45,353 418,275 1,462,292 4,386,339 97,980 1,975,003 6,254,083 89,213 1,988,973 1,508,418 28,463,117 * Parks Fund combines Parks Dedication and Parks Improvement '* Impact Fees consist of Water Impact, Sewer Impact and Thoroughfare Impact fees. *** Special Revenue Fund figure consist of Court Technology Fd, Court Security Fd, Police donations, Fire donations, Safety Fair donations, Child Safety collections, and Shattered Dreams donations. These are all retricted funds for specific purposes. Total Restricted Funds 17,294,181 p TOWN ER. 'a place where everyone matters' $7,000 $6,000 $5,000 $4,000 N C i It7 N 7 O $3,000 $2,000 $1,000 $0 END -OF -MONTH CASH OVERVIEW (RECONCILED) SEPTEMBER, 2010 General Water/Sewer I & S Internal Cap Proj Cap Proj Cap Proj Storm *Parks "Impact ••*Sp Rev Sp. Rev Fund Fund Service 04 Bond 06 Bond 08 Bond Drainage (Ded + Imp) Fees Fund Escrow Fund 0 FDC $13,161,940 46% $5,793,070 20% TEXSTAR BALANCE . r TEXPOOL BALANCE CASH -LOCAL BANK 9,508,107 34% $2,750 $2,500 $2,250 $2,000 $1,750 Cn $1,500 p $1,250 $1,000 $750 $500 $250 PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept 120% -p 100% 80% - O U 60% c V 40% L tL 20% 0% - PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTEC Y Oct Nov Dec Jan Feb Mar Apr May % of Total % of Total l' % of Total Month FY 07708 . Taxes Due Taxes Due Taxes Due Oct $ 50,747.84 1.22% $ 48,517.92 0.94% $ 19,127.14 0.35% Nov $ 279,501.69 6.74% $ 178,822.73 3.47% $ 134,228.60 2.49% Dec $ 1,492,718.39 35.98% $ 2,123,446.32 41.26% $ 2,569,783.42 47.59% Jan $ 1,258,105.15 30.33% $ 1,516,971.29 29.48% $ 1,428,265.19 26.45% Feb $ 708,460.51 17.08% $ 800,731.47 15.56% $ 809,613.41 14.99% Mar $ 166,240.49 4.01% $ 209,277.90 4.07% $ 253,646.04 4.70% Apr $ 134,741.00 3.25% $ 31,317.89 0.61 % $ 79,658.28 1.48% May $ 106,398.32 2.56% $ 101,971.76 1.98% $ 123,102.41 2.28% June $ 80,432.36 1.94% $ 88,426.23 1.72% $ 51,866.19 0.96% July $ 30,554.96 0.74% $ 80,718.20 1.57% $ 59,782.87 1.11 % Aug $ 7,975.81 0.19% $ 27,893.94 0.54% $ 17,246.48 0.32% Sept $ 89,710.62 2.16% $ 24,802.34 0.48% $ 10,093.15 0.19% YTD Totals $ 4,405,587.14 106.20% $ 5,232,897.99 101.68% $ 5,556,413.18 102.90% Collected YTD includes delinquent collections $ 4,148,422.58 $ 5,146,372.81 $ 5,399,872.83 Total taxes due includes delinquent before adjustments $250,000 $200,000 $150,000 $100,000 $50,000 THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS O& �o� oeo sac ``Oo sae 0 7Town Share MonthY 07/08 $ MONO Oct $ 93,663.91 $ 94,362.57 Nov $ 79,855.10 $ 102,455.23 Dec $ 79,091.05 $ 75,727.34 Jan $ 81,493.26 $ 94,211.42 Feb $ 81,965.14 $ 61,017.45 Mar $ 76,291.41 $ 65,889.62 Apr $ 84,530.24 $ 88,604.24 May $ 88,123.45 $ 88,311.00 **June $ 92,173.93 $ 83,398.78 July $ 107,555.96 $ 114,686.45 Aug $ 102,686.76 $ 104,612.27 Sept 88,844.53 $ 99,414.58 YTD Totals $ 1,056,274.74 $ 1,072,690.95 ■ FY 07-08 ■ FY 08-09 ■ FY 09-10 Current Ye Town Share $ Amount FY 0911� 0 Inc /(Dec) $ 100,898.03 $ 6,535.46 $ 87,322.54 $ (15,132.69) $ 91,239.15 $ 15,511.81 $ 112,125.21 $ 17,913.79 $ 67,208.54 $ 6,191.09 $ 63,837.14 $ (2,052.48) *** $ 185,754.33 $ 97,150.09 $ 78,933.26 $ (9,377.74) $ 74,820.33 $ (8,578.45) *** $ 219,591.71 $ 104,905.26 $ 116,390.79 $ 11,778.52 $ 105,623.03 $ 6,208.45 $ 1,303,744.06 $ 231,053.11 **One time State Comptroller audit payment June FY 07/08 removed to reflect actual. ***Received large quarterly sales tax pmt from local business Sept Budgeted: $ 97,240.00 for month of Sept, 2010 Sept Received: $ 105,623.03 $ 8,383.03 Increase 8.621 % Sept variance YTD Mo'ly Budgeted: $ 1,100,000.00 YTD Sept- 2010 YTD Mo'ly Received: $ 1,303,744.06 $ 203,744.06 Increase 18.522% YTD variance % of Change Inc /(Dec) 6.93% -14.77% 20.48% 19.01 % 10.15% -3.12% 109.64% -10.62% -10.29% 91.47% 11.26% 6.25% 21.54% gluser_r&a2 rbutler Town of Prosper Page 1 16:17 10/21/10 Rev/Rxp Fund Category Rept (3) Fund: Period Ahding: 9/2010 Account Description Number QMUMAL FUND RXVBNM Property Tax Sales Tax Franchise License, Pees, a Permits Cbargas for Services grants Investments Income Fines & warrants Transfer In miscellaneous Total Revenues Appropriations Personnel materials and Supplies Town services / maintenance Contractual / Professional Ser Capital Interfund Transfer Out Total Appropriations Revenue Over/(Under) Approp current as rent Current Currentren ren ren Year month month month YTD YTD YTD Remaining Adopted Budget actual variance Budget Actual variance Budget 3,227,903.00- 6,033.38- 6,033.38- 3,227,903.00- 3,351,839.85- 123,936.85- 123,936.85 1,103,500.00- 107,059.66- 107,059.66- 1,103,500.00- 1,308,750.41- 205,250.41- 205,250.41 330,100.00- 330,100.00- 296,945.47- 33,154.53 33.154.53- 550,050.0O- 56,890.80- 561890.80- SS0,050.00- 718,081.19- 168,031.19- 160,031.19 200,050.00- 19,056.88- 19,056.88- 200,050.00- 183,438.35- 16,611.65 16,611.65- 320,070.00- .34 .34 320,070.00- 344,447.28- 24,377.28- 24,377.28 56,000.00- 5,115.53- 5,115.53- 5610O0.00- 113,806.71- 57,806.71- 57,806.71 222,500.00- 22,445.21- 22,445.21- 222,500.00- 214,472.78- 8,027.22 8,027.22- 343,123.00- 343,123.00- 347,123.00- 44,050.00- 3,192.16- 3,192.16- 44,050.00- 72,561.20- 28,511..20- 28,511.20 6,397,346.00- 219,793.28- 219,793.28- 6,397,346.00- 6,947,466.24- 550,120.24- 550,120.24 4,321,024.00 508,058.37 408,058.37 4,321,024.00 4,333,193.22 32,169.22 32,169.22- 311,480.00 24,127.54 24,127.54 311,480.00 269,742.36 41,737.64- 41.737.64 403,863.85 1,441.15- 49,133.16 50,574.31 403,863.85 378,841.36 25,022.49- 25,022.49 1,215,698.15 1,441.15 88,227.35 86,786.20 1,215,698.15 1,246,972.23 31,274.08 31,274.08- 115,040.00 112,678.70 112,678.70 115,040.00 189,009.06 73,969.06 73,969.06- 30,240..00 30,240.00 30,240.00 30,240.00 30,240.00 6,397,346.00 812,465.12 812,465.12 6,397,346.00 6,467,998.23 70,652..23 70,652.23- 592,671.84 592,671.84 479,468.01- 479,468.01- 479,468.01 gluser_r&a2 rbutler Town of Prosper Page 2 16:17 10/21/10 Rev/Rzp Fund Category Rapt (3) Fund: Period Ending: 9/2010 Account Description current --M�reu Number Year loath Adopted Budget WATER & SEWER FUZE) Revenues Licenses, Fees, a Permits 11100.00- investment income 62,150.00- miscellaneous 15,000.00- W/o Tap & connection 135,000.00- Service initation Fees 18,000.00- Water Charges 3,339,102.00- Sever Charges 1,389,580.00- Penalties 30,000.00- Solid Waste Charges 571,000.00- Total Revenues 5,560,932.00- Appropriations Personnel 581,920.00 Materials and Supplies 931,330.00 Town Services / maintenance 536.768.00 Contractual/Professional Servi 1,759,300.00 Capital 10,500.00 Bonds 1,369,896.00 Interfund Transfers Out 347,048.00 Total. Appropriations 5,537,562.00 Revenue Over/(Under) Approp 23,370.00- ren rencurrent Current Current Current month month YTD YTD YTD Ramaiaing Actual Variance Budget Actual variance Budget 75.00- 75.00- 11100.00- 575.00- 525.00 525.00- 3,240.67- 3,240.67- 62,150.00- 73,731.88- 11,581.88- 11,581.88 3,947.10- 3,947.10- 15,000.00- 35,607.33- 20,607.33- 20,607.33 31,800.00- 31,800.00- 135,000.00- 305,777.50- 170,777.50- 170,777.50 2,750.00- 2,750.00- 18,000.00- 38,898.00- 20,898.00- 20,898.00 406,970.10- 406,970.10- 3,339,102.00- 3,156,349.45- 182,752.55 182,752.55- 101,598.26- 101,598.26- 1,389,580.00- 1,132,946.32- 256,633.6E 256,633.68- 6,098.47- 6,098.47- 30,000.00- 51,376.24- 21,376.24- 21,376.24 49,967.76- 49,967.76- 571,000.00- 561,322.25- 9,677.75 9,677.75- 606,447.36- 606,447.36- 5,560,932.00- 5,356,583.97- 204,348.03 204,348.03- 62,521.51 62,521.51 581,920.00 565,599.85 16,320.15- 16,320.15 92,183.41 92,183.41 931,330.00 906,682.94 24.647.06- 24,647.06 38,062.08 38,062.08 536,768.00 372,575.29 164,192.71- 164,192.71 56,421.93 56,421.93 1,759,300.00 1,511,333.25 247,966.75- 247,966.7$ 10,500.00 11,377.94 777.94 777.94- 1,369,896.00 1,370,217.37 321.37 321.37- 347,848.00 343,123.00 4,725.00- 4.723.00 249,188.93 249,188.93 5,537,562.00 5,080,809.64 456,752.36- 456,752.36 357,258.43- 357,258.43- 23,370.00- 275,774.33- 252,404.33- 252,404.33 gluser_raa2 rbutler Town of Prosper Page 3 16:17 10/21/10 Rev/Rrp Fund Category Rept (3) Fund: Period Ending: 9/2010 --�[acount Description Current eurr—ou Number Year month Adopted Budget INTEREST 6. SINKING FUND Revenues Property Tax 2,129,934.00- Investment Income 80,000.00- Total Revenues 2,209,934.00- Appropriations Bonds 2,081,335.00 Interfund Transfers Out Total Appropriations 2,081,335.00 Revenue Over/(Under) Approp 128,599.00- INERNAL sERVICR FOND Revenue Interest Income 500.00- Interfund Transfers In 71,010.00- Total Revenues 71,510.00- Appropriations Personnel 50,000.00 Total Appropriation 50,000.00 Revenue Over/(Under) Approp 21,510.00- current CurrentCurrent rem ren rm month month TM YTD TTD Remaining Actual Variance Budget Actual Variance Budget 4,059.77- 4,059.77- 2,129,934.00- 2,204,573.01- 74,639.01- 74.639.01 312.27- 312.27- 80,000.00- 29,627.93- 50,372.07 50,372.07- 4,372.04- 4,372..04- 2,209,934.00- 2,234,200.94- 24,266.94- 24,266.94 2,081,335.00 2,093,812.01 2,477.01 2,477.01- 402,177.06 402,172.06 401,172.06- 2,081,335.00 2,485,984.07 404,649.07 404,649.07- 4,372.04- 4,372.04- 128,599.00- 251,783.13 380,382.13 380,382.13- 32.94- 32.94- 500.00- 701.94- 201.94- 201.94 33,075.00- 33,075.00- 71,010.00- 64,419.72- 6,590.28 6,590.28- 33,107.94- 33,107.94- 71,510.00- 65,121.66- 6,398.34 6,388.34- 10,610.24 10,610.24 50,000.00 45,927.41 4,072.59- 4.072.59 10,610.24 10,610.24 50.000.00 43,327.41 4,072.59- 4.072.59 22,497.70- 22,497.70- 21,510.00- 19,194.25- 2,315.75 2,315.75- gluser_raa2 rbutler Town of Prosper Page 4 16:17 10/21/10 Rev/Ezp Fund Category Rapt (3) Fund: Period Ending: 9/2010 Account scr y w current Curran Number Year month adopted Budget STORK DRAINAGE FUND Revenues Storm Drainage Utility Pee 75,000.00- Total Investment Income 500.00- Total miscellaneous Total Revenues 75,500.00- Appropriations Total Professional Services 40,000.00 Total Contract Services Total Capital 20,000.00 Total Interfund Transfer Out Total Appropriations 60,000.00 Total Revenue Over/(under) App 15,500.00- PARSE FUND "Velma Investment Income 81000.00- Park Pees 220,000.00- Total Revenues 228,000.00- Appropriations (Parke) Contractual / Professional Ser 611,000.00 Total Appropriations 611,000.00 Revenue Over/(Dnder) Approp 383,000.00 current Current Current Current current rw mouth month YTD TM rM samaining Actual variance Budget actual variance Budget 14,697.97- 14,697.97- 75,000.00- 152,672.32- 77,672.32- 77, 672.32 83.25- 83.25- 500.00- 528.03- 28.03- 28.03 1,000.00- 1,000-.00- 1.000.00 14,781.22- 14,781.22- 75,500.00- 1S4.,200.3S- 78,700.35- 78,700.35 40,000.00 31,086.00 81914.00- 81914.00 5.190.18 5,198.1B 51198.18- 20,000.00 428.16 19,571.84- 19,571.84 60,000.00 36,712.34 23,287.66- 23.287.66 14,781.22- 14,781.22- 15,500.00- 117,488.01- 101,988.01- 101,988.01 11013.19- 1,013.19- 8,000.00- 14,811.48- 6,811.48- 6,811.48 220,000.00- 696,188.76- 476,188.76- 476,188.76 1,013.19- 1,013.19- 228,000.00- 711,000.24- 483,000,24- 403,000.24 19,857.95 19,857.95 611,000.00 369,617.06 241,382.94- 241,382.94 19,057.95 19,8S7.95 611,000.00 369,617.06 241,382.94- 241,382.94 18,844.76 18,844.76 383,000.00 341,383.18- 724,383.18- 724,383.18 gluser_raa2 rbutler 16:17 10/21/10 Fund: Town of Prosper Rev/Rap Fund Category Rept (3) Period Reding: 9/2010 Account Description current currentren rent LVrrent currentran reu Number Year Month Month Month YTD YTD YTD Raining Adopted Budget Actual variance Budget Actual variance Budget IMPACT FEES FUND Revenue Investment Income 25,000.00- 2,526.29- 2,526.29- 25,000.00- 46,060.39- 21,060.39- 21,060.39 Impact Fees 650,000.00- 87,624.00- 67,624.00- 650,000.00- 2,524,111.15- 1,674,111.15- 1,874,111.15 Total Revenues 675,000.00- 90,350.29- 90,350.29- 675,000.00- 2,570,171.54- 1,895,171.54- 1,895,171.54 Appropriations, Contractual/Professional Servi 250,000.00 250,000.00 72,601.49 177,398.51- 177,398.51 Capital 440,014.30 440,014.30 440,014.30- Znterfund Transfers out Total Appropriations 250,000.00 250,000.00 512,615.79 262,615.79 262,615.79- Revenue Over/(Dnder) Approp 425,000.00- 90,350.29- 90,350.29- 425,000.00- 2,057,555.75- 1,632,5SS.75- 1,632,555.75 SPBCM RBvBMOB DOMATION FOND Revenue Court Fees 6,700.00- 679.61- 679.81- 6,700.00- 7,629.44- 929.44- 929.44 Contributions 52,500.00- 8,253.00- 8,253.00- 52,500.00- 39,362.68- 13,137.32 13,137.32- Escrow Income 1,255.28- 1,255.28- 204,565.15- 204,565.15- 204,565.15 Grants 2,000.00- 2,000.00- 3,553.08- 1,553.06- 1,553.08 Miscellaneous Total Revenues 61,200.00- 10,188.09- 10,188.09- 61,200.00- 255,110.35- 193,910.35- 193.910.35 Page 5 gluser_r4a2 rbutler Torn of Prosper Page 6 4 16:17 10/21/10 Rev/Erp Fund Category Rept (3) Fund: Period Reding: 9/2010 ------Account scr y on M mber Appropriations (Sp. Rev.) Torn services/Maintenance Total Appropriations Revenue Over/(Under) Approp CAPITAL PROJECTS FUND Revenue Grants/Reimbursements Invest -sat Income Interfuad Transfers In Bond Proceeds Total Revenue Appropriations Contractual/Professional Servi Capital Bond Coats Total Interfund Transfers Out Total Appropriations Revenue Over/ Apyrop Current ren Year Month Adopted Budget 60,000.00 60,000.00 1,200.00- Current ren Current Currentrea rea Month Month YTD YTD TTD Remaining Actual variance Budget actual variance Budget 4,422.42 4,422.42 60,000.00 61,537.32 1,537.52 11537.52- 4,422.42 4,422.42 60,000.00 61,537.52 1,537.52 1,537.52- 5,765.67- 5,765.67- 1,200.00- 193,572.83- 192,372.83- 192,372.83 235,000.00- 235,000.00- 1,138,331.50- 903,331.50- 903,331.50 62,000.00- 3,370.60- 31370.60- 62,000.00- 134,835.82- 72,835.82- 72,635.82 402,172.06- 402,172.06- 402,172.06 297,000.00- 3,370.60- 3,370.60- 297,000.00- 1,675,339.38- 1,178,339.38- 1,378,339.38 96,885.00 10,962.56 10,962.36 96,885.00 105,613.61 8,728.61 8,728.61- 1,632,875.94 1,632,875.94 13,148,913.07 13,148,913.07 13,148,913.07- 96,885.00 1,643,036.50 1,643,838.50 96,885.00 13,254,526.68 13,157,641.68 13.,157,641.68- 200,115.00- 1,640,467.90 1,640,467.90 200,115.00- 11,579,187.30 11,779,302.30 11,779,302.30- glueer_raa2 rbutler Town of Prosper Page 7 16:17 10/21/10 Rev/Exp Fund Category Rapt (3) Fund: Period Ending: 9/2010 Account Description--------- currentran Number Year Month Adopted Budget ECONOMIC DBVEWPMENT CORP Revenues Bales Tax 346,000.00- Investment Income 24,000.00- Other Income Total Revenues 370,000.00- Appropriations Personnel 153,450.00 Maintenance a Supplies 7,400.00 Town Services/Maintenance 50,100.00 Contractual/Professional Servi 63,300.00 Capital 50,000.00 Interfund Transfer Out 540.00 Total appropriations 324,790.00 Revenue over/(under) Approp 45,210.00- current currentan rant Currentrea Month Month YTD TTD YTD Ruining Actual variance Budget Actual variance Budget 35,207.68- 35,207.68- 346,000.00- 434,581.36- 88,581.36- 8E1381.36 1,574.60- 1,574.60- 24,000.00- 32,327.62- 6,327.62- 6,327.62 58,041.02- 58,041.02- 58,041.02 36,782.28- 36,782.28- 370,000.00- 524,960.00- 154,950.00- 154,990.00 3,763.75 3,783.75 153,450.00 145,072.32 8,377.6B- a1377.68 19.83 19.83 7,400.00 1,530.78 5,861.22- 5,861.22 5,280.44 5,280.44 50,100.00 33,572.89 16,527.11- 16,527.11 4,105.19 4,105.19 63,300.00 58,663.86 4,636.14- 4.936.14 30,000.00 57,419.42 7,419.42 7,419.42- 540.00 540.00- 540.00 13,109.21 13,189.21 324,790.00 296,267.27 28,522.73- 28.522.73 23.593.07- 23,593.07- 45,210.00- 228,682.73- 183.472.73- 103,472.73 ;ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PLANNING Agenda Item No. 9 From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — October 26, 2010 Date: October 21, 2010 Agenda Item: A public hearing to consider and act upon a request to rezone 18.0± acres, located 1,000± feet north of Prosper Trail and 100t feet west of Preston Road, to amend Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard). (Z10-0017). Description of Agenda Item: The applicant has submitted a request to amend a portion of PD-31 in order to revise the front yard setback standards, specifically to add language that would allow for the front yard setbacks to be reduced up to ten feet for swing -in garages, porches, architectural features, and the main structure subject to certain development criteria. The language in Chapter 4, Section 9.3(J) of the Town's Zoning Ordinance, which is attached, is very similar to the proposed language being requested by the applicant. The zoning request includes 56 lots in Saddle Creek, Phase 1, as shown on the attached Exhibit A. The applicant has provided two examples of plot plans showing how the amendment would allow for a one story swing -in garage to extend beyond the front yard setback. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has not received any public hearing notice reply forms at this time. Attached Documents: 1. Zoning Exhibits A and C. 2. Letter from Shannon Ray, K. Hovnanian Homes, describing the purpose of the request. 3. Chapter 4, Section 9.3(J) of the Town's Zoning Ordinance. 4. Zoning map of the surrounding area. 5. Plot plans provided by K. Hovnanian Homes. 6. Pictures of K. Hovnanian homes in Saddle Creek. 7. Planned Development-31 (Ordinance Nos. 06-78 and 09-060). Agenda Item No. 9 - Page 1 of 2 Planning & Zoning Commission Recommendation: At their October 5, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve a request to rezone 18.0t acres, located 1,OOOt feet north of Prosper Trail and 100t feet west of Preston Road, to amend Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard) as submitted, by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon a request to rezone 18.0t acres, located 1,OOOt feet north of Prosper Trail and 100t feet west of Preston Road, to amend Planned Development-31 (PD-31), Exhibit C, Section 1.03(E) (Front Yard). Agenda Item No. 9 - Page 2 of 2 P, LEGAL DESCWPnON: ffl1D a — a k kmir h Uw S WIDE SLIMY. A951RACl Nd )M, Tom a Praew, Crh Cant% Trm w,a rYq W 0. bat al k.e h Seal. ow Pe. aw erwam h c.eha 2M SIMI 52, NIP 1F(�aQ sNAmoD 2 L D. DE�E I ll Ta wotl., Ceeh Cant% Tp atl b.N man Pwixelall aaah.a r WLGGT. YJP Rl ImA NIN OPatT/. RW DAGGt � f® RWIN. CWN CaI.1W. TOGA M2UIE e525. P.TOE 1] DAGGT CGWFNOIG a a 1/2 FA M raN eXF a wp.w Pl..lk aq ama.a DDC N0. . 000111O11 MNHA NIIIRE LND USE YFgIN DENSITY LAPIS arJ' lane F tla Mut M a 6bN IDVweY x.. 2ap (Arlin RODt aE5101A11W ivE12 10-21 SOI7,TLT2'E 00' 730. N697J$ ll&03' grail wl I R.e1), a wle.N .IOq llpMrol-ao% a IM NVINOI ama' a tl1 Scala C.la b.a ma tlw mrl Erlwy SwbrM amY a a bM a Ima N..wh.N w Tina 2 F Daa b SNeaaea� D,Mapww L16. nmN.N F Q ,/2' YYw RDD FTARD Yaem. Sara, Pop. I& D..N ll a Wh Carat% T.aeR ,R' Mtw Rm STT Y/ YEtxDll I I ® j ►IOa ►-0.0 MENR: O► W Pt.S411C W SINLIPfO oAN (IaaESS DIIElIRSE i101E0) 1 i , 2 3 a p ) a p IA S.NI. Feel eN aWN�Tlaal 2 e al„aa a 110.N IM b . 1/2 FNe M e.N Mn • IN.r pwxa aT aamw 'DAA' M Is ea I I PONT a BfpeMlp a Ilw InM a..vhd FM a law; m: CIRCLE J TRAIL I a mws°Mu amaimina P-t"'"."°w"mr,`" 711OWE NaA N aaw.a. ss mMtw # .tea. YM. a Maw a lea N1UIE SADDIL Gl®t 1A PRAY 111C ZDIEh PD-J1..Olm./ De-7e e \\n 1 ) SADNE 11alFN15. lTL OOG M0. xOm1025oD,5Jma0 D.AG .T ] O I J I I a I 6 7 e ' e I Op I I Q d i I I N.1 N e p.F, b . aamw; TXFNCE SrM DD N.w.e. m wMtw m ..emb NMl . wlmn a s]am x.t b . rm b e oamr. 11010E Swq p a.p... SJ mLa,tn ex ...aw Frl a Mina a ]O.pe Nat N. P.ht b e eweNr. iQj I I is T-- —11 ID a LONE STAR DRIVE I I TIENCE S.aA W N.wer m mMta Oa rema Mrl, .Mae a IeSDD lM b e 1/2 hay M ,aa aU a 7eaew Palk eep amgM bu' 5 F 1p17le a 1 7 I R-2D' T I 9M'OM6'W 121.60' PACKSADDLE TRAILT DI I A110' ser . -E1,ie,S4� — gal ,e ,) ,a Ip m g2x i �T-N 1MENCE MwG N apr SJ mMta .2 ..aww rM.�p 112p Arl b a 1/2 pw M raN aI1M1 a ab. qMk ar aanpWN� 2,12A bP.EaaL a1,TN 'J In ¢ � � .:�aa: -- ,e - ® n O IS 24 ,p 25 rc < — 7 ® a s 1. —_-__ ,s 1e 6 �_•�� a 7 Q LOT 2 BIGIX A Dec No. 2 T. NINE INID USL R[lAl ZPIED: Pf-J,^ORO.I M-7e . 3 Z I O I F � N I a �. Ilaral ,e a.p.... r m.wlr N .oaenm Yrl adla N.t xwa.M.n% .Nn .eN am N b. N7l a a. mF.w a adm Na b a Peh, lw a avow Mp2mhp a a ear ma xla P.�Fp . V.I ab. a m a.►r 25 mMlr m ranar.. rasa a SaaOD NN ma a awe a.wM ene Maas a Mwq 1, Nqr le mMln ss craw Nrl 121.aD IM; xwu...Nn% .nF wu am la u. Nyil m wa Awe a In" ax IaFI I2$p$f Sm.OD M b . pM1 b . mow F 1M ammm IM a 1M rer mruaaa seea. o-.r Tat ma ma Tec[ x ] / I ' N _..-_____ ' S TNFNfi Saq ev NaYr 11 mMlr s2 rm,a. Eel .nn ma nmmwl ---"' RANAMAN DRIVE I 5 17 . Z 7� � a 1�769m� Na�w PIM Df 5E41fi1D ma mn1.FYp _ tJ a 27 i IMO .. '� - --'�-- -- ------r..---- 2- —..---- GRAPHIC SCAL9 fW IwWlM 2waa --- -- --'�-- - J EXHIBIT "Aa T N s J 2 m -_--. �s.neel 56 LOTS-i7.96 ACRES ij 2 ZONING CASE N0. Z10-0017 -- ZONING EXHIBIT DOUBLE B TRAIL wL:PDI°wrLOp`eNMc SADDLE CREEK PHASE ONE I SnN DOG No. 2xwpoa2aaasn5o LOTS 12-20' BLOCK E e 5 ! a z ' LNe9 ,x N�'3]'32'W zoxco-. cu.p m-ie LOTS 1-20. BLOCK F p Ix 13&OC ® LOTS 1-18, BLOCK G LOTS 1-9, BLOCK H -1 - =-�- �- ---- --� All TO THE TOWN OF PROSPER Ix county. a Syr NICESADDITION S. WCE S URVEY -ABSTRACT ND. 787 M?kI 505a,- AQV, D.X.GGT_ COLUN COUNTY, TEXAS PROSPER TRAIL THOROUGHFARE) Wux a PA. LCll1YE D.M.E Y AGGT. _ _ _ SEPTEMBER 22. 201D SCALE 1 T -... _. NOIES 1. THE THOROUGHFARE Al1GN1IQNT(S S1WYN 1711 THIS OROUG ARE A IlDl61R S� _. ___._�.._____-_.— 1 _ -_-.__.-...._ (FOUR LANE gNDED _ n�ra IAIEs _--____-T—..___—_ .— . -- -- � ._...._ __ _ ^___ T- I \ _ I ISTs 1-e. etnaL A I P11[sTw u ADD,TKN ! PURPOSESE ONLY AND DOES NOT SET THE I T yy su tss IIRGGT. I \ I CMM[T P, sAx )W SADDLE CREEK N�VESTMENTS, LTD. Al1GNMENT. THE ADGIOIFAIT 6 DETERMINED AT THE TIME OF FINAL FLAT. 2. 06 SINGLE FA LY LOTS DEVELOPED 10 \ Ia@ S<-7o I / •-- /'"� v'' L., LLR.GGT. II I Vi1O I 17300 DALLAS PARKWAY, SUITE 3110 ? 972-931-9383 DALLAS. TEXAS73218 PD-31 STANDARDS ! ON DOYYDNGWEER/ ASSOC1A713. INC nnty0tiD4'+�1rM1aa�7M 9}ON01 1 aFl Lg�S D Exhibit C Saddle Creek Phase One; Block E Lots 12 — 20; Block F Lots 1— 20; Block G Lots 1-18; Block H Lots 1- 9 of Planned Development — 31 Amendment Planned Development District Standards Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance No 06-78 and No. 09-060, as adopted by the Town of Prosper Town Council on June 13, 2006; May 26, 2009. 1.03 E. Front Yard: The minimum depth of the front yard shall be 30' and staggered per the zoning ordinance 05-20 , Chapter 4, Section 9.3 (F) The minimum front yard in single-family and two-family Zoning Districts may be reduced by ten (10) feet in the following circumstances. In no case shall the reduction cause the minimum front yard to be less than fifteen (15) feet. 1. For an inside or outside swing -in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story; or 2. For a non -enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or 3. For a non -enclosed porch and the main structure provided: a. the height of the main structure does not exceed one (1) story; b. the porch has a minimum dimension of five (5) feet in depth measured from stud to the front edge of the porch floor, and a minimum dimension of five (5) feet in width; and c. the minimum front yard for a front entry garage is thirty-five (35) feet. =- 3 OTiI"1a1 ian Homes . September 22, 2010 Town of Prosper P.O. Box 307 Prosper, TX 75078 Planning and Zoning Council: K. Hovnanian is requesting an amendment to the front yard setbacks in Saddle Creek, Phase One for Block E Lots 12 — 20; Block F Lots 1— 20; Block G Lots 1 -18; & Block H Lots 1— 9. The intent of this amendment is to provide a clear definition of a garage inside vs. outside swing. In addition, a revision to the minimum porch requirement is necessary to allow some of our one story product to be built on a greater number of lots. This will allow a useable rear yard throughout the community and maintain the overall integrity of the original setbacks as written. Please contact Shannon Ray at 469-737-1461 or email me at srU@,Klov.com if you have any questions or need any additional information. Sincerely, Shannon G Ray Architectural Project Coordinator K. Hovnanian Homes 5808 W. PLANO PARKWAY, PLANO, TX 75093 TEL: (469) 737-1400 KHOV.COM SECTION 9 ADDITIONAL AND SUPPLEMENTAL 9.3 FRONT YARD: CHAPTER 4 - DEVELOPMENT REQUIREMENTS SECTION 9 - ADDITIONAL AND SUPPLEMENTAL J. The minimum front yard in single-family and two-family Zoning Districts may be reduced by ten (10) feet in the following circumstances. In no case shall the reduction cause the minimum front yard to be less than fifteen (15) feet. 1. For an outside swing -in garage provided the wall of the garage that faces the street contains a glass pane window with a minimum size of three (3) feet by five (5) feet and the height of the garage does not exceed one (1) story; or 2. For a non -enclosed porch, stoop, or balcony, or an architectural feature, such as bay window without floor area or chimney; or 3. For a non -enclosed porch and the main structure provided: a. the height of the main structure does not exceed one (1) story; b. the porch has a minimum dimension of seven (7) feet in depth measured from stud to the front edge of the porch floor and a minimum width of twenty (20) feet; and c. the minimum front yard for a front entry garage is increased one (1) foot for every one (1) foot the minimum front yard for the main structure is reduced. r SF-10/15 PD=22 - SF-15 'D-15; . z SF-15d;:.- rj - - -7 or — y 416 Z zo CIRCLE J TRL ° Q w t tra. '. zl- - 7 CKSADDLE TRL `1 SF w , Lu PD .31 w i' = o 'SF-10/12:5 � a PD-24 RANAHAN DR,- . � O ` PD-31 A _ r r ' DOUBLE B TRL j i e E-PROSPER TRL _ IM SF-12.5 TABLE ROCK -DR 2 F. .. LOGANS•WAY-DR '� � '� S � C CHANDLER CIR r SF-15 . SF-12.5., SF2]5 REEK'D PD-30 •C BEAR R SF-10 1 inch = 500 feet N f� �, r 0 125 250 500 750BRfpGEP t 0 A. Y 'r r. ORT 1) r r CHANDLER CIR Feet D DR ' '•• "1� - 0 = y ' ' M N SCALE: 1 20' N89'33'52"W 80.00' I I I I I I U) I I un N I I N 25.0' B.L. I 1 " rrrrrriiiir I t.rrriiiiiria I 0 0 �ilob I 00 0 I �I 59'-11" I� 0° 100 10 0 Do I °° lb N to -' One Story Plan I o 00 I z 0 v) i Od i i o) 00 I I r r rrr I 12'-1" I 31-1 „ 0 0 25'-p,> I 35.0' B.L. ----- r ro 0 o O I I I 10.0U.E. — I I I S89'33 52 E 80.00 0.00' T o C 50.0' R.O.W Total Lot Sq. Ft.: 11200.0 Fence Length: 149.0' Lot Coverage: 44.99 n I job. no. PROPOSED subdiv. SADDLE CREEK CONSTRUCTION SERVICES DEPT. 5808 W. PLANO PARKWAY lat 6 blk H PLANO, TEXAS 75093 HOV.COM DIRECT LINE: 469-737-1400 on B Description: Date: address 1251 CIRCLE J TRAIL 0 0 city PROSPER GENERAL NOTES: , TX DRIVEWAY & GARAGE: MIN. 16' WIDE DRIVEWAY O STREET APPROACH: MIN. 1D' WIDE date master plan PUBLIC SIDEWALK: MIN. 4' WIDE 9�7�2010 ONE STORY LEAD WALK TO HOME: MIN. 4' WIDE N SCALE: NTS N89'33'52' W 80.00' I I I I I T I I � _ I 25.0' B.L. I "� � I - 12' -1 59'-11" I0 0 I � ONE STORY PLAN Im w m IN —SWING Io Do 00 Go 0 Pi ao _ I N N 00 I I0 o Z 0 rn 112'-1" I I 35. ` o In oLn I � I I ------------- ---- CN I 10.0' J I I 0.00' T.O.C. 50.0' R.O.W. Total Lot Sq. Ft.: 11200.0 Fence Length: 149.0' Lot Coverage: 44.99 a I job. no. PROPOSED hl " sllbdiv. SADDLE CREEK CONSTRUCTION SERVICES DEPT. 5808 W. PLAND PARKWAY lot blk PLANO, TEXAS 75093 WWW.KHOV.COM DIRE CT LINE: 469-737-1400 Drawn 6 : Description: Date: address 1251 CIRCLE J TRAIL city PROSPER, TX GENERAL NOTES: DRIVEWAY & GARAGE: MIN. 16' WIDE DRIVEWAY O STREET APPROACH: MIN. 10' WIDE date master plan PUBLIC SIDEWALK: MIN. 4' WIDE 9�7�2010 ONE STORY LEAD WALK TO HOME: MIN. 4' WIDE �., k..�..�-- -- -- ,� TOWN OF PROSPER, TEXAS Pb,31 ORDINANCE NO.06 - 78 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 98.049 ACRES MORE OR LESS, SITUATED IN THE S. RICE SURVEY, ABSTRACT NO. 787, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 RESIDENTIAL (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT (PD-31) FOR SINGLE FAMILY RESIDENTIAL USES OF VARIED DENSITIES (83.1 ACRES) AND MIXED USE NONRESAIDENTIAL (15 ACRES); 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 BTB Development ("Applicant") to rezone 98.049 acres of land, more or less, situated in the S. Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No 05-20 Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 98.049 acres of land, more or less, situated in the S. Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development (PD-31) District for Single Family Residential Uses (15 acres) and Mixed use Nonresidential (15 acres). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the Statement of Intent and Purpose, attached hereto as Exhibit `B'; 2) the Planned Development Standards, attached hereto as Exhibit "C'; 3) the Conceptual Development Plan, attached hereto as Exhibit "D"; and 4) the Development Schedule, attached hereto as Exhibit "B'; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200') of the District to be amended. SECTION 3: No Vested 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: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 13'' DAY OF JUNE, 2006.. R4 Denton,atthew • APPROVED AS TO FORM: Charles Nis %I%WW,��' eo® _` OF P/g O®♦ �.,.......,,•0 _ : do of ♦,��'' XAs DATE OF PUBLICATION. /q1-e4 I g — 3ia20r= , Dallas Morning News — Collin County Addition �MAMI WK il NG a tract of land located in the S. RICE SURVEY, ABSTRACT NO. 787, Collin County, ts and being a part of a tract of land described in Deed to James W. Shanahan, recorded in une 5060, Page 2434, Deed Records, Collin County, Texas and being part of State Highway .ber 289 and being more particularly described as WS: *INN-ING at the approximate centerline intersection of State Highway Number 289 and County Number 48; NCE South 88 degrees 48 minutes 17 seconds West, along the approximate .cline of County Road Number 48, a distance of 2,552.39 feet to a point for corner; !SCE North 00 degrees 59 minutes 54 seconds West, leaving said centerline, a distance- of .00 feet to a point for comer; vCE North 89 degrees 51 minutes 19 seconds East, a distance of 2,607.41 feet to a point for in said approximate centerline of State Highway Number 289; WE South 00 degrees 50 minutes 02 seconds West, along said centerline, a distance of 26 feet to the POINT OF BEGINNING and containing 102.773 acres of land., more or less. EXHIBIT B Saddle creek -Statement of Intent and'Pur ®se This document is meant. to accompany the .Saddle Creek conceptual plan :submitted to the Town of Prosper on 5/28/2006. The tract is currently zoned for 15,000 s.f residential lots. It is our desire to rezone the property to the Planned Development designation. The conceptual plan depicts the general layout but is to be used only as a guide. The proposed concept plan provides for a wider variety of single family lot sizes as well as a linear park, tree preservation area and many walking trails. The plan -also adds to the city land offerings by adding the potential for a professional office Mixed Use complex with very limited Retail. The plan takes into consideration the town's Comprehensive Plan by designating this tract for low -density residential. There has been an extensive area set aside for tree preservation and landscaping to enhance the existing and proposed roadways.. We visualize' an enhanced single/ family community that provides an environmentally sensitive solution for the community. Planned Development District Development Standards Engineer: Dowdey, Anderson and Associates, Inc. Planning and Engineering 5225 Village Creek Drive Suite 200 Plano, Texas 75093 (972) 931-0694 (972) 931.-9538 Fax Applicant: BTB Development Inc. 17300 Dallas Parkway Suite;_3110 - Dallas, Texas 75248 : July 2006 = 1 -21 - RUM t M PLANNED DEVELOPMENT DISTRICT STANDARDS 1.0 planned Development District Tract 1 —Single Family Residence -1.01 General Description: This District will provide the ability to encourage and accommodate the development of single-family residential uses on a tract of land that has unusual physical properties. Development standards for the aforementioned housing types are outlined within this text. This property may develop under the standards for SF-15 as contained in the zoning ordinance No. 05-20, as it exists or may be amended, subject to the specific provisions contained herein below. 1.02 Permitted Uses: Land uses permitted within the PDT-1 are as outlined under the regulations of the Single Family-15 District as contained in the Zoning Ordinance No. 05-20. 1.03 Single -Family: A single-family unit is a form of detached housing. This residential type will consist of larger units and lots, having access and frontage on a public street and be limited to 225 units per this ordinance. Building and area requirements are as follows: a. Lot Area: 45% of the lots may be a minimum of ten thousand (10,000) square feet. 35% of the lots shall be a minimum of twelve thousand. (12,000) square feet. 20% shall be a minimum of fifteen thousand (15,000) square feet. b.' Lot Coverage: Ih no case shall more than forty-five (45) percent of the total lot area be cover( d&by the combined area of the main buildings and .accessory buildings. "Swimming pools, spas, deck, patios, porches; driveways, walks, and other paved areas shall not be inchided in defermining maximum=lot coverage. c.. Lot Width: The �binimurn width of any lot shall not be less than eighty- (80) feet afthe front building line of the lot, except lots at the termlhus of a cul-de-sac or along street elbows/eyebrows may have a .minimum width of seventy" (70') fleet along the arc at the front building :.line; provided all other requirements of this section are fulfilled. wilding lines maybe staggered or set back at a greater distance- from '. the - right-of-way.. . d. 'Lot Depth: The minimum depth of any lot shall be one hundred twenty (120) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid -point on front and rear lot lines, of one hundred and ten feet (110'); provided all other requirements of this section are fulfilled. e. Front Yard: The minimum depth of the front yard shall be thirty (30) feet and staggered per the Z.O. 05-20 ch. 5 sec. 2(K). f. Side Yard: The minimum side yard on each side of a lot shall be eight (8) feet. A side yard for all comer lots shall not be less than fifteen (15) feet. g. Rear Yard: The minimum depth of the rear yard shall be twenty five (25) feet for main buildings. h. Building Height: Buildings shall be a maximum of two and one-half (2 %2) stories or forty feet (40)'. i• Minimum Dwelling Area: The minimum enclosed heated living area shall be Two Thousand (2,000) square feet for a designated 10, 000 square foot lot and two thousand two hundred (2,200) square feet for a designated 12,000 square foot lot or above. 2.0 Planned Development District Tract 1 — General Conditions 2.01 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections. of the Town of Prosper Zoning Ordinance, No. 05-20, as it presently exists or may be amended. 2.02 Amenity !Center: The Developer for the Planned Development District may provide for an amenity center which may include, but' not be limited ing to a swimmpool, restrooms and dressing rooms, and landscaping to be owned, operated, and maintained by a property owner's association. 2.03 Zoning Exhibit: A Zoning Exhibit is hereby attached and made a part of the ordinance. It -establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. 2.04 Streets c Cul-de-sacs may be six hundred feet long measured at the edge of right of way to the beginning of the cul-de-sac bulb right of way. . 2.05 Maintenance of Facilities: The Owner(s) shall establish, with each preliminary plat submittal, a property owner's association, membership association or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District. 2.06 Sidewalks: A four (4) foot sidewalk within the street right-of-way shall be provided at. the front of all single-family residential lots. Comer lots shall also provide the aforementioned requirement along both streets. 2.07 Building Materials: 100% masonry construction with at least two different masonry materials utilized. 10% of the trim may be wood. 2.08 Mailboxes: 100% masonry construction coordinated with at least one of the`masonry materials used- on the homes it serves. 2:09 Address Nmbers: Common address elements must be used on all the homes. 2:10 Roof: Roof pitch must be a minimum of 8:12. Roof materials must have a 3 0 y- ear life rating. 2.11 Franchise Services:: Service boxes -must be screened by either living screen or fencing. 2.12 'frail SYsteWt The -proposed parrs and_trails'Master plan identifies this tract asaccommodating a possible North/South, trail -connection. The developer will complete the trail within the pipe -line corridor. Such improvements will. be owned -and maintained by the Saddle Creek HOA unless ©r until the Town ofProsper'dedieates the use by easement within the pipeline area for trail access if it is approved on the Master Park Plan. 2.13 Landscape and Screening: a. Landscaping must meet the landscaping requirements in the Z.O. ch. 4, sec. 2.6. b. Additional side yard landscaping will be required on all lots adjacent and siding to the spine road within the development. This shall be one (1) extra tree 2-1/2" or three (3) ten gallon shrub plantings. C. Consistent stained fencing will be built on all lots siding to the entry spine roads within the development to their terminus. A six foot board on board capped fence, constructed with steel posts which will be located internal to the lots, shall be required to be constructed by the individual builder. d. Landscape buffers will be constructed on Preston Road and Prosper Trail. They will be 40 feet in width and will be irrigated and maintained by the H.O.A. They will have 3" trees planted 30' O.C. and will have a meandering 6' concrete sidewalk. There will be a four foot berm with a 3:1 slope where feasible which will be planted with ten gallon shrubbery six (6) feet O.C. e. All fencing adjacent to an internal open space lot shall be a minimum five foot decorative metal fencing. f. The screening of the rear of the lots adjacent to Prosper Trail will be a combination of stone brick and decorative metal with a column 100 feet on center. g. Tbe masonry screening will not exceed 50% of tle entire screen not counting retaining walls which may occur along Prosper Trail. h. Decorative metal screening will require a living screen which will reach a minimum of 6 feet at maturity in two growing seasons. i. 50% of the. masonry screening will require 6 foot wide landscaping beds in front of them. These beds will iequire -ornamental shrubs and grouad cover. j. 50% of the turf area will be plWed(in grasses which will require less water and maintenance. %. All landscaped, areas.shall be automatically irrigated. I. Major signage shall be utilized at the entries with the allowance of a . 25' tower on Prosper Trail. m. Enhanced paving shall be utilized at the entry. Enhanced paving may be stamped and stained concrete. n. The entry zone extending 50' either side of the entry off Prosper Trail shall be planted with a -minimum 6" caliper trees. o. All side yards facing Preston Road shall be masonry wall. p. The screening wall between Tract One and Two shall be a 6' masonry wall. q. All mailboxes shall be of masonry construction. There may be one mailbox structure per two lots. 3.0 Planned Development Tract 2 — Mixed Use 3.01 General Descril)tiono This District will provide the ability to encourage and accommodate the development of a combination of uses on a tract -of land that is located at the corner of Preston Road and Prosper Trail. Development standards for the aforementioned building types are outlined within this text. This property may develop specifically as outlined under the regulatiojqs of the office district as contained in Z.O. 05-20, as it exists or may be amended, subject to the specific provisions contained herein below. 3.02 Permitted Uses: Land uses permitted within the PDT -Tract 2 are as follows: a. Administrative, Medical, or Professional office b. Banks; Savings and Loans and Credit Unions with drive through C. Pharmacy with'drive through d. Dry Cleaner, minor e. Small Animal Veterinary Clinic f. kvstaurants, no drive through g. Day Care Center, child h. -Health/Fitness Center i. Insurance Office - .. j. -Print./Copy/Private:Po5t-office k. Rehabilitation Care -Center — day use by S.U.P. 1. Conlixtible uses 4s Eipproved by the Town Council upon request 3.03 OO®: Building and area requirements are as follows: a. Development Area: Fifteen acres of which no more than Six acres may be designated for commercial or retail use with the -remainder being professional office. b. Lot Coverage: In no case shall more than thirty-five (35) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. c. Lot Width: The minimum width of any lot shall not be less than one hundred and twenty (120') feet at the front building line of the lot. d. Lot Depth: The minimum depth of any lot shall be one hundred twenty (120) feet. e. )Front Building Line: The minimum depth of the front yard shall be Thirty (30) feet from Preston Road and Prosper Trail. f Side Building Line: The minimum side depth on each side of a lot shall be ten (10) feet for main buildings, except that a side yard to the residential district must be Thirty (30) feet, 40,feet for a two story . building g. Side Building Line: The minimum side depth on each side of a lot shall be tea (10) feet for main buildings, except that a side yard to the residential district must be Thirty (39) feet, 40 feet for a two story building. . h. Building Height: Buildings shall be a rpaximum 9f Two (2) stories or foxty feet (40)'. 4.0 Planned Development District Tract 2 — General Conditions 4.01 Conformance to All Applicable Articles of the Town of Prosper Zoning- Ordinance: Except as -amended herein, this Planned Development District shall conform to any and'all applicable articles and sections of the Town of Prosper Zoning Ordinance, No. 05-20, as it presently exists or may be amended. 4.02 Architectural Control Committee: The Developer for the Planned Development District shall set forth to create an Architectural Control Committee that shall review and approve or disapprove all building proposed and constructed within the PDD Tract 2. It is the duty of the Architectural Control Committee to restrain building styles and construction to common compatible colors and materials. 4.03 Zoning Exhibit: A Zoning Exhibit is hereby attached and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. 4.04 Drives and Parkin : a. -Common commercial drives shall consist of Twenty Six (26) foot paving section (b-b). b. Office parking shall be reciprocal in nature and controlled by a Business Owners Association. 4.05 Maintenance of Facilities: The Owner(s) shall establish, with each preliminary plat or site plan submittal, a property owner's association, membership association or other designation that will be responsible for _ the improvement and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District. 4.06 Building Articulation Required: All facades of a building which are adjacent to and face a roadway., public park or residential development shall comply with the following standards: Horizontal Articulation — No building fagade shall extend for a distance greater than three times the mean elevation of the wall's height without having. an off -set of fifteen percent (15%) or more of the wall's height. This off -set shall extend for -a distance equal to at least:twenty-five percent (251/6) of the maximum length of either adjacent plane. Vertical Articulation;-- No horizontal wall shall extend for a distance greater than three timcs height of the wall without changing height by a minimum of fifteen percent (15%) of the wall's height. This height change shall continue for a minimum distance equal to at least twentyrfive percent (25%) of the_maximunilength of either adjacent.plane. (See Figures 1 pn4-2 for examples of articulation standards) 4.07 Exterior Building Material Requirements: a: .Masonry Regaiirement — One hundred percent (100%) of the exterior -of.all new buildings (excluding.0drs and windows) shall be finished in one or more of the following materials indicated below. i. Brick, stone, cast stone, rock, marble and granite. ii. Exterior Insulating Finishing System (EIFS). However, the use of EIFS shall not exceed 25% of the exterior walls of the building. Architectural glass with less than twenty percent (20%) reflectance. However, only a maximum of twenty-five percent (25%) of a building facade may be constructed in architectural glass. iv. Split face concrete block, poured -in -place concrete, and tilt -wall concrete. Concrete products shall have an integrated color and be textured or patterned. Tilt -wall concrete structures shall include reveals, punch -outs, or other similar surface characteristics and adornments to enhance the facade on at least ten percent (10%) of each facade. b. Stone Requirement - The masonry requirement prescribed in Section 3.1 above shall also include. a minimum 10% stone requirement for each facade facing a public street, park, or public parking area. Such facades shall be finished in stone materials consistent with the architectural themes of the community. c. Accent Materials — In addition, the following accent materials may be allowed on up ro 10% of a 4494d.e, excluding all windows, doors, and glass construction materials: i. Architectural metal elements ii. Glass: block ; Tile _ iv. Cementitious fiber board V. Ston.e' vi. Awnings vii. Wood viii. Side and Rear Facades — Side and rear facades, except for those described in shall be finished in a similar color and texture as the main front fagade of the building. d. Architectural Peatures i. Facades In addition to the features described above, the facades of all primary commercial structures which face a street shall also include the following key architectural features: ® All primary structures shall be designed with distinguishable architectural elements, such as a distinct base, wall and cornice or top. a -The use of arcades, covered walkways, architectural awnings, canopies or porticos is required along 25% Of the primary facade and/or street facing facades. ® Windows, which may include see -through doors, shall be provided along all facades which face streets, such that they comprise at least 50% of the length of that facade for buildings under 10,000 square feet in size, and at least 25% for buildings over 10,000 square feet in size. e. Roofs Roofline variations are required to reduce the visual scale of buildings, and to create visual interest. The roofs of non-residential buildings shall include at least two of the following elements: i. Parapet walls that conceal flat roofs and rooftop equipment from eye level public view at adjacent public streets. Parapet walls shallvary, in height, and will include architectural cleiailing, cornices,, moldings, trims, variations in brick coursing, and other similar type detailing. ii. Overhanging eaves, extending x" less than three (3) feet past the supporting.walls. r -iii. Two or more roof slope planes. iv. :Sloping roofs that do.not exceed the average height of the supporting walls, .and that have an average slope of at least 6:12. Sloped"roofs shall be finished with standing seam metal, corrugated metal, tile, or 20-year or better composite shingle. % Color All non-residential buildings shall comply with the standards in this section. Exterior colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high intensity, primary, black, or fluorescent colors is prohibited, except as trim or accent areas. Where used as trim or accents, those colors shall not exceed ten percent (10%) of any single fagade, excluding all windows, doors and glass construction materials. 4.08 Landscaping and Screening: a. Parking Lot Location and Screening Requirements All parking or drive areas shall be .located a minimum of fifteen (15) feet from right of way lines along public streets. All parking. -may be screened from public rights -of -way and public park areas using a solid screen in the landscape strip. The screen shall be at least thirty six (36) inches in height, and be achieved through one of the following methods: i. A Berm; ii. A planting screen (hedge); A wall,-u#ag.masonry materials similar to those used in the main building fagade; or iv... A combination of the above. b. Trees planted with}n the Office:Tract shall be a minimum 4" caliper. c. Service..Area ScreeninFgncing Requirements Screening of Mechanical Equipment Properties that may be viewed from residential uses, streets or public park areas shall screen all roof, ground and wall mounted mechanical equipment (e.g. air handling equipment, compressors, duct work, transformers and elevator equipment) from view at ground level on adjacent properties or public streets or parks. Roof -mounted mechanical equipment shall be shielded from view on four sides. Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers that are painted to blend with the primary building. ® Screening shall result in the mechanical equipment blending in with the primary building, and not appearing separate from the building. ® Wall or ground -mounted equipment screening shall be constructed of planting screens, or brick, stone, reinforced concrete, or other similar -masonry materials. 4.09 Utilities: i a. All utilities shall be placed below ground, except for major high voltage regional transmission lines. b. Major utility access structures, which must be located above ground, shall be place in unobtrusive locations, and shall be screened with landscaping that blends into the overall landscaping of the area. 4.10 Property Management: - A provision for centralized property management shall be established for the development area. A mandatory Business Owners Association will maintain required masonry screening walls, street landscaping, communal open spaces, monument signage, common irrigation, and other common areas within the development. An Architectural Control Committee (ACC) shall be formed to review all building plans to ensure the continuity of the architectural theme of the community and compliance with this planned Development Ordinance. EXISITNG, SF-15 PROPOSED, PD SF-15 & OFFICE NET AREA OF RESIDENTIAL, 85,028 OBAPM 3CALE POTENTIAL NET DENSITY 2.7 UPA ' DENSITY CAP, 225 LOTS �e+ m1a THE THOROUGHFARES SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT SET THE ALIGNMENTS. ALIGNMENTS ARE ➢ETERMNED AT FINAL PLAT. OWNER, JAMES SHANAHAN APPLICANT BTB DEVELOPMENT INC, BRAD BURNS, PRESIDENT 5151 SPANISH OAKS DRIVE FRISCO, TEXAS 75034 17300 DALLAS PARKWAY SUITE 3110 DALLAS, TEXAS 75248 Ne REPRESENTATIVE, ➢OV➢EY ANDERSON & ASSOC. MARDY BROWN 5225 VILLAGE CREEK DR. STE.200 PLANO, TEXAS 75093 469-576-1272 972-931-9538(FAX) 0 1z,500 - 15,000 S,F, LOT 15,000 - 25,000 S.F. LOT ZOM"13 CASE - Z06-8 i� pros eM W- IISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council PLANNING Agenda Item No. 10 From: Chris Copple, AICP, Planning & Zoning Manager Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — October 26, 2010 Date: October 21, 2010 Agenda Item: A public hearing to consider and act upon a request to rezone 133.1 t acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). (Z10-0018). 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 Agricultural Single Family Residential Low Density Residential East Planned Development-9- Single Family Single Family Residential Low Density Residential Planned Development-25- Single Family Residential, South Single Family and Cemetery, and Low Density Residential Agricultural Undeveloped West Planned Development-25- Single Family Undeveloped Low Density Residential Requested Zoning — Z10-0018 is a request to rezone 133.1 t acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). The requested Planned Development (PD) District allows for the development of one hundred sixty-one (161) 10,000 square foot lots, fifty-four (54) 12,500 square foot lots, thirty-five (35) 15,000 square foot lots, which is a total of 250 single family lots or a maximum density of 1.88 dwelling units per acre. Currently, the property is zoned PD-9 (Ord. No. 06-127), which is the PD that controls the Whitley Place subdivision. PD-9 allows for a maximum of 652 single family lots on 339.77 acres, or a maximum density of 1.92 dwelling units per acre. While the requested PD increases the maximum number of 10,000 square foot lots and reduces Agenda Item No. 10 - Page 1 of 3 the minimum number of 12,500 and 15,000 square foot lots required to be developed in the Whitley Place subdivision, the requested PD adds approximately an additional 11 acres of open space (minimum of 23 acres total per PD), increases the minimum amount of masonry required on the facade from 75% to 100% (the Town's current standard), increases the minimum dwelling area of a house on the 10,000 and 12,500 square foot lots to 2,200 square feet, and adds additional standards regulating mailboxes, fencing, and entry features. The requested PD also requires each single family lot to be a member of the Whitley Place Homeowner's Association. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Low Density Residential use for the property. The FLUP recommends a maximum density of 2.0 dwelling units per acre in areas designated for Low Density Residential. The requested PD allows for the development of a maximum of 250 single family lots (density of 1.88 dwelling units per acre) on the property. If the requested PD is approved as submitted, the proposed density for the entire Whitley Place subdivision (327.6 acres) will be 1.7 dwelling units per acre per the attached Exhibit D. The zoning request conforms to the FLUP. Conformance to the Thoroughfare Plan — The property is not adjacent to any future thoroughfares. Access is provided through Whitley Place, Phase 1 and the Tolleson Addition. Water and Sanitary Sewer Services — Water and sanitary sewer service will have to be extended to the property either before or with development. Access — Access to the property is provided from First Street through the Tolleson Addition and from Prosper Trail and Custer Road through Whitley Place, Phase 1. Schools — This property is located within the Prosper Independent School District (PISD). An elementary school site has already been dedicated in Whitley Place. A school site is not needed on this property at this time. Parks — This property includes park dedication per the Town's park dedication and maintenance agreement with the developer. Environmental Considerations — The 100 year floodplain located on the property is shown on the attached Exhibit A. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has received 19 public hearing notice reply forms, with none in opposition to the request. Attached Documents: 1. Zoning Exhibits A, B, C, D, E, and F. 2. Four PowerPoint slides provided by the applicant. 3. Zoning map of the surrounding area. 4. Planned Development-9 (Ordinance No. 06-127). 5. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their October 5, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve a request to rezone 133.1t acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF), by a vote of 6-0, subject to Exhibit C, Sections 1.13 and 2.03 being revised to add Agenda Item No. 10 - Page 2 of 3 the following language, "board on board with metal posts" in regards to the wood fencing. The applicant verbally agreed to this language being added at the Planning & Zoning Commission meeting. Town Staff Recommendation: Town staff recommends the Town Council approve a request to rezone 133.1t acres, located on the north side of First Street, 2,300t feet west of Custer Road, from Planned Development-9 (PD- 9) to Planned Development -Single Family (PD-SF) subject to Exhibit C, Sections 1.13 and 2.03 being revised to add the following language, "board on board with metal posts" in regards to the wood fencing. Agenda Item No.10 - Page 3 of 3 4— X. >adt !! 4.O... GO rnlwt,_ N smY Sr TSM Iw1 Y . yN b Ynr. a.°wtlin a � q .A:n_ is ..fir •.�.t eJOaa�ef, Yam« ro �u.°OM..ulvr.a�.... r .se ,fam _ f.e, a aye oT +R- �' �vb M a stl lf6m m. bml a W sr My M �nwr.. r IW f. IISM ff f.V._ a m,M_ L ..mob r.r aoam M Y • r+f A. a.� Tb'fwmil ... pgvM _w >2 TaC euaa. M iw, r..ai u. rlY « _ _ Y. Yrf'vq �MM:�M �Y�pM.yvW�M y � v Y�4.r..rep�Y q1 N.Y.f�Y a W VrW! .Mi.Ylm N rbA A M TM.S' al zlo—OmB EXHIBIT 'A' WHIILEY PLACE — WEST 133.1C1 ACRES OUT OF THE HARM WCARTY SURVEY. ABSTRACT NO, Boo TOWN OF PRO94R MUN COUNTY. TOM NRC RANCH, LTD. OWNER +eot -d Rod. SWW 107 OaAUv. Tsmf 75244 CC JOINT VENTURE, LTD. APPUCANT D m ema 5`M4e M 210 (M)931-8971 JBI PARTNERS, RUC. PLAI0IE7t/SURVEYOR�Elif;DiEER 15701 Ouarum O,fi+. . 200 B (1172)24NF7B78 9NR n7M SEPMM 2010 shr 1 L EXHIBIT B FOR Z10-0018 STATEMENT OF INTENT AND PURPOSE The purpose of this planned development is to create an opportunity to provide a sustainable housing market for the Whitley Place Community. The proposed development criteria will allow for Whitley Place to develop as a multi -generational community. This in turn will have a positive impact on the long term sustainability of the community. Since the goal is for long term sustainability, the high quality atmosphere already established with the first phase of Whitley Place will continue in future phases by carrying on the thematic design expressed in the community's common areas, public corridors and entryways, as well the buffers along major abutting roads. With an eye to the environment, additional wooded open space, which will be maintained by the Whitley Place Homeowners Association, will also be set aside. Also, so as not to overburden the town's infrastructure, police and fire services, as well as the Prosper ISD, the number of homes to be built with the addition of this planned development is virtually the same as what was approved in the original Whitley Place planned development. SEPT 29, 2010 EXHIBIT C FOR Z10-0018 133.10 AcREs (GROSS) PLANNED DEVELOPMENT STANDARDS 1.0 Planned Development District — Single Family Residential 1.01 Development Pattern and Standards: The property shall generally develop in accordance with Exhibit D. A. Lots located in Area "A" as identified on Exhibit D shall be developed in accordance with the Single Family-15 District as outlined in the Town of Prosper Zoning Ordinance, as it exists or may be amended, unless identified below. B. Lots located in Area `B" as identified on Exhibit D shall be developed in accordance with the Single Family-12.5 District as outlined in the Town of Prosper Zoning Ordinance, as it exists or may be amended, unless identified below. C. Lots located in Area "C" as identified on Exhibit D shall be developed in accordance with the Single Family-10 District as outlined in the Town of Prosper Zoning Ordinance, as it exists or may be amended, unless identified below. 1.02 Number of Lots: The maximum number of single-family residential lots within the proposed development shall not exceed 250. The breakdown of lot sizes shall be as follows: A. Area A: 15,000 Square Foot Lots: 35 Lots Minimum B. Area B: 12,500 Square Foot Lots: 54 Lots Maximum C. Area C: 10,000 Square Foot Lots: 161 Lots Maximum. 1.03 Setbacks 1.03.1 Minimum Front Yard: The staggering of front yard setbacks, as required in Section 9.3(F) of the Prosper Zoning Ordinance, shall be at the discretion of the home builder and shall not be required. The minimum front yard shall be as follows. A. Area A: 30' B. Area B: 25' C. Area C: 25' 1.03.2 Minimum Side Yard: A. Area A: 10' 15' on corner adjacent to side street B. Area B: 10' 15' on corner adjacent to side street C. Area C: 8', 15' on corner adjacent to side street. 1.03.3 Minimum Rear Yard: 20'. 1.04 Minimum Lot Area: A. Area A: 15,000 square feet SEP 29, 2010 PAGE 1 B. Area B: 12,500 square feet C. Area C: 10,000 square feet. 1.05 Minimum Lot Width at Front Building Line: A. Area A: 90' B. Area B: 80' C. Area C: 80'. 1.06 Minimum Lot Depth: A. Area A: 120' B. Area B: 120' C. Area C: 120'. 1.07 Minimum Dwelling Area: A. Area A: 2,300 square feet B. Area B: 2,200 square feet C. Area C: 2,200 square feet 1.08 Maximum Height: Buildings shall be a maximum of 2 '/2 stories, not to exceed 40' in height. 1.09 Maximum Lot Coverage: A. Area A: 45% B. Area B: 45% C. Area C: 50%. 1.10 Required Parking: A minimum of 4 off-street, concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least 2 of the off-street parking spaces shall be in an enclosed garage. Garage doors shall be located on or behind the applicable setback line for the residential unit. Detached, stand-alone carports shall be prohibited. The parking of motor homes, boats, and/or trailers on a lot facing a street or on a street, is prohibited. 1.11 Mechanical Equipment: All mechanical equipment (pool, air conditioning, etc.) shall be completely screened from public view. A combination of hedges or walls should be used to screen equipment or mechanical areas. 1.12 Mailboxes: The property will be deed restricted to require a standard mailbox design that will be constructed with each home or structure and maintained by the property owner or HOA for a consistent look throughout the development. Each mailbox will be iron, wrought -iron, or cast alloy posts or stand and all mailboxes will match in color and style with those built in the Whitley Place community. Brick mailboxes shall be prohibited. 1.13 Fencing: All lots adjacent to parks and open spaces designated on Exhibit D shall be restricted to ornamental metal fencing. All wood fencing shall be a minimum of SEP 29, 2010 PAGE 2 stained/sealed board to board with metal poles. Screening as required in Section 10.13.5 of the Prosper Subdivision Ordinance shall not be required for that portion of the development which backs to East First Street, west of Whitley Place Drive. 2.0 General Conditions 2.01 A minimum of 23 acres of HOA owned and maintained common open space area shall be provided within this development. 2.02 The hike and bike trail located within the T.P. & L Easement and a playground with a shade structure shall be constructed with the contiguous phase. The playground shall not be constructed later than in conjunction with Phase 3 of the development. 2.03 Lots backing to the existing First Street shall be prohibited from accessing First Street. In addition, an 8' high wooden fence shall be provided where those lots back to the existing First Street. 2.04 Parks, Trails, and Open Space: The parks and trails for this development shall be provided for and maintained in accordance with the approved Development Agreement for the Whitley Place development. Any existing credits from any phase of the Whitley Place development may be used throughout the development, including the phases covered by this planned development. 2.05 Neighborhood Identification, Community Enhancements and Buffering: A neighborhood identification feature and community enhancements shall be provided in the general location as shown on Exhibit D. The identification feature shall be of a similar design and use similar materials to those used for such features for the Whitley Place community. The identification feature design shall be generally consistent with the Neighborhood Identification Detail shown on Exhibit D. In order to create a cohesive theme for the outward appearance of the community, community enhancements and buffering shall be of a similar design and use similar building and plant materials as those provided for in the Whitley Place Community. 2.06 Homeowner's Association: Each lot shall be a member of the Whitley Place Homeowner's Association. 2.07 Sidewalks: 5' wide sidewalks shall be constructed adjacent to streets within the development. 2.08 Signage: Temporary signage shall be allowed, after being permitted by the Town, within the boundary of the planned development to direct traffic and announce future phases of development. Said signs shall be monument signs with a stone base and shall be consistent with the design depicted on Exhibit F. Said signs shall not be larger than 80 square feet. SEP 29, 2010 PAGE 3 A maximum of 4 signs may be located within the development, the location of which shall be limited to HOA lots and/or unbuilt upon single family lots. The signs shall be removed when 90% of the lots within the development have received Certificates of Occupancy from the Town. 2.09 Street Openings to Adjoining Properties: The number and location of street openings as depicted on Exhibit "D" shall be deemed to meet the requirements established in Subsection 10.2.19 of the Prosper Subdivision Ordinance. SEP 29, 2010 PAGE 4 7 LOCATION MAP .74 11 GRAPHIC SCAM b M— N EIGHBORHOOD IDENTIFICATION DETAIL (D P� PSRAaeFE11p1T xplxwmx Us. 'mU7M 1 U TOTAL 250 IOU (133.10 .003B w S531073" 5572rlWW --JILML 122,7W 32074w4" --VAX— TOxx- 2 m.7w -��KST TOTAL 3 L14 us Lis 7 ta000 sasr.Tn '49' a i Fft—, =7A RM I w-w Sows (I.. on/-ac SPAM U- AW APPRo1 m limrwl mw I r. I ]to' Z10-0018 EXHOT W VM17LEY PLACE — WEST In101 ACRES OUT OF TW • :I--= N'21K. LAiSON WCARTY SURVEY. ABSTRACT Na aoo TO* OF PROBER, OMLIN CMPM TEXAS -M — - - is HRC RANK LTD. MOOR L. 4TW RM S.R. IU7 1 of = 75 4-4 CNT Minw, vD. APPLICANT "T1tolauas7 AwE 4.1 15250 K,.N TA SAft 210 � MSWTTHE � ��TM LLSM ttTEIeYFD AT Dda TomQ PLANNER/%AVEYOR/DaNEER ft. 200 a (972)248-76" SUMMED' SEPTEMBER 20. 2010 i Eerr >w tadnn9�o RPYArtoAom arxetDN c uN,.uArr LOCATION MAP Yrx L _ _GRAPHIC SCALE \ - w� Moot 7y� ' ,tNa,w o: wr5a .Y mr�ew. anx r.r i li j . 1tw nmxe wo.Awai,ur IIr p I PH rmwz� V •E - NSR lY� ; eat a9c / I o MIrOP MALTER (Sd WOIIT-Or-NA M. vA wT,N O LeLtK sAR•, m = vnx :raves^ - i` note t. �t[ TtININ1YINE Allnlltall(E7 9gIN d1 DOES NOf SET T12 ALIONYfNT. 114 AU09/ENT rs DOE DRIIBT APE FOR MOffA110Y IS LEMa aElEWndD AT TOTE 6 FIYAL PUT.' o�r pt RN SET 2 OM,ROC119Y NRWIMN BEQ1 MOI SWAB[ fNT u. tear-of-NAr YARIQT COtp110R5 NAMAMf. aA•.nx9 xe twa .nerve axrat et rwN oa�wn NEIGHBORHOOD IDENTIFICATION DETAIL g SCKL 1/1• t' l d s>EDeTb 9Pd SPACE rMA 2] % ADREs COYYpI AREA: QE9A Atz1E3 PMEf DEgCAabl: 23 ALNp PFR AOaDIpT 30,Ez Di SIZE s LOr o.rA s� s AleA •A' 1S,OOD S0.PT. z rsN TN+.)) ]3 LOR AQ6)) PIa (11= AI4'A b' M— SQR. ( 9a x t.0' m) 31 lOrs (xS.2T ACe.3) Al2A 'C 14000 S0.Fi. (EO z IZD' TTPJ rst LOTS (61u ACRES) rorAL xw eats (tnto ACIRS) D.E7 Lars/AXES) PAnt/OPDx SPAOE: E60! ALNLS 10.03 6 COARMEY LOf OATH O11eA PRISES N PD-S M11FY PPACE ERT TafAl AC 3 _ ] 3400o SC". z1 _ v rs,o90 SOJT. . S ET 12•EEO S0.FT. 49 x 1. R 14OOo SOST. 1E] tN Jµ g �� TDTAI ]OE 'tl0 SSE y�yi Jags (I.ro LOTS/ e FOR OPp SPACE LOM LOrs AIS APPROlWA1E tNR iNAI Mn�izzl3 Z10-0078 EXHIBIT V - PHASING o WHITLEY PLACE - WEST MUM ACM OUT OF THE LAR10N w"TV "vEY, ABREACT Na 800 w TDRFI OF PROSPE)L OMUN COUNTY, TOUS HRC RANCH, LTD. OWNER I 1!M L9ttya,d Rope. SLIM 107 Delos. T 782N CC JDWT VENTURE, I.M. APPLICANT 1e250 NI d T 9AU 210 (972)931-BM D.o^ TN 48 J3 PARTIHERS DIG PLANIBR/SURWYORIIIIG :ER GaOI1N, Drhw SYIb 200 B .. (972)2I8-7M Add Addbon. TNm 78001 Momalm SEPTE3BQx 2a MID SMPt 1 ox 1 .r THE GLEN MODEL HOMES DartqlQ, �f%-�*o.Nl �v. r Additional Green Space • Existing Zoning: 34 Acres Rqrd • Current Plan: 56.5 Acres • Revised Plan: 68.0 Acres Additional Entrance • Decrease of Homeowner and Construction Traffic Neighborhood Continuity Design Continuity HDA Sustainability Revised Street Pattern Existing Street Pattern existing Plan Revised Plan Soft and Hardscape Design • � +a� L Z. �- n�. TOWN OF PROSPER, TEXAS ORDINANCE NO.06-127 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO.05-20 AND REPEALING ORDINANCE NO. 05-11 AND 03-25; REZONING A TRACT OF LAND CONSISTING OF 339.77 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT -SINGLE FAMILY-10/SINGLE FAMILY-15/SINGLE FAMILY - ESTATE (PD-SF-10/SF-15/SF-E) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -SINGLE FAMILY- 10/SINGLE FAMILY-12.5/SINGLE FAMILY-15/SINGLE FAMILY-22/SINGLE FAMILY-ESTATE(PD-SF-10/SF-12.5/SF-15/SF-22/SF-E); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABIL• ITY 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 CC Joint Ventures, Ltd. ("Applicant") to rezone 339.77 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract No. 600, 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 Incomorated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 339.77 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development -Single Family- 10/Single Family- 12.5/Single Family-15/Single Family-22/Single Family-Estate(PD-SF-10/SF-12.5/SF-15/SF-22/SF-E). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit `B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the conceptual development plan, attached hereto as Exhibit "D' ; 4) the development schedule, attached hereto as Exhibit "E' ; 5) the thoroughfare screening plan, attached hereto as Exhibit "F"; and 6) the entry monument, amenity center, trailhead, and bridge plan, attached hereto as Exhibit "G"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area 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: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12'h DAY OF DECEMBER, 2006. ewD.Denton,Town Secretary DATE OF PUBLICATION. Addition APPROVED AS TO FORM: ®®® QQ 7ZXAS Dallas Morning News — Collin County EXHIBIT A TRACT "A" LAND DESCRIPTION BEING a tract of land situated in the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, and being all of a tract of land as described in instrument to HRC Ranch, Ltd. as recorded in Volume 4911, Page 2695 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) and being a portion of a tract of land as described in instrument to Clark Partners as recorded in Volume 5763, Page 1199 (D.R.C.C.T.) and being all of a tract of land described in instrument to CC Joint Venture, Ltd. as recorded under County Clerk's File No. 20060925001377420 (D.R.C.C.T.) and being more particularly described as follows: BEGINNING at a point on the west right-of-way line of F.M. No. 2478, said point also being the southeast corner of a tract of land as described in instrument to the County of Collin as recorded in Volume 4837, Page 0731 of the Deed Records of Collin County, Texas; THENCE, South 45 degrees 11 minutes 41 seconds East along the west right-of-way line of F.M. No. 2478 a distance of 40.55 feet to a''/Z inch iron rod found with plastic cap stamped "RPLS 4613" at the most southerly northeast corner of said Clark Partners tract; THENCE, South 00 degrees 26 minutes 42 seconds East continuing along the west right-of-way line of F.M. No. 2478 a distance of 3,535.45 feet to a point for corner in Wilson Creek; THENCE, along the Wilson Creek the following courses and distances: South 89 degrees 58 minutes 38 seconds West a distance of 44.48 feet to a point for corner; North 69 degrees 51 minutes 39 seconds West a distance of 286.04 feet to a point for corner; North 56 degrees 21 minutes 16 seconds West a distance of 246.31 feet to a point for corner; North 70 degrees 54 minutes 58 seconds West a distance of 211.50 feet to a point for corner; North 13 degrees 06 minutes 44 seconds West a distance of 70.59 feet to a point for corner; North 21 degrees 52 minutes 12 seconds East a distance of 223.61 feet to a point for corner; North 04 degrees 12 minutes 58 seconds West a distance of 246.42 feet to a point for corner; North 29 degrees 06 minutes 57 seconds West a distance of 166.26 feet to a point for corner; North 43 degrees 49 minutes 51 seconds West a distance of 798.32 feet to a point for corner on the east line of said HRC Ranch tract; THENCE, South 01 degree 14 minutes 56 seconds East along the east line of said HRC Ranch tract a distance of 1,024.25 feet to a point for corner; Page 1 of 4 J:\Survey\3552\04\WP\3552-04—PLAT AND BARNES desc.DOC THENCE, South 01 degree 15 minutes 28 seconds East continuing along the east line of said HRC Ranch tract a distance of 367.29 feet to a %2 inch iron rod found with cap stamped #4701 at the northwest corner of the aforementioned CC Joint Ventures, Ltd. (#20060925001377420) tract; THENCE North 89 degrees 23 minutes 47 seconds East, along the north line of said CC Joint Ventures, Ltd. (#20060925001377420) tract, a distance of 220.02 feet to a'/2 inch iron rod found with cap stamped #4701 at the northeast corner of said CC Joint Ventures, Ltd. (#20060925001377420) tract; THENCE along the easterly lines of said CC Joint Ventures, Ltd. (#20060925001377420) tract, the following; South 07 degrees 19 minutes 09 seconds West a distance of 126.00 feet to a %Z inch iron rod found with cap stamped #4701; South 26 degrees 1 Ominutes 24 seconds West a distance of 153.50 feet to a point for corner; South 00 degrees 39 minutes 37 seconds East a distance of 272.00 feet to a %2 inch iron rod found with cap at the southeast corner of said CC Joint Ventures, Ltd. (#20060925001377420) tract; THENCE North 89 degrees 41 minutes 21 seconds West, along the southerly line of said CC Joint Ventures, Ltd. (#20060925001377420) tract, a distance of 129.00 feet to a'h inch iron rod found with cap stamped "RPLS 1401" at the southeast corner of said HRC Ranch tract; THENCE, South 89 degrees 41 minutes 51 seconds West continuing along the south line of said HRC Ranch tract a distance of 2,414.83 feet to a point for corner, from which a'h inch iron rod with cap stamped "HN" found, bears South 85 degrees 52 minutes 06 seconds West, 7.90 feet; THENCE, South 85 degrees 52 minutes 06 seconds West continuing along the east line of said HRC Ranch tract a distance of 723.60 feet to a fence corner post at an inner ell corner of said HRC Ranch tract; THENCE, South 01 degree 39 minutes 34 seconds West along an east line of said HRC Ranch tract a distance of 87.29 feet to the most southerly southeast corner of said HRC Ranch tract, from which a'/Z inch iron rod found, bears North 89 degrees 01 minute 28 seconds East, 1.05 feet; THENCE, South 89 degrees 01 minute 28 seconds West along the south line of the said HRC Ranch tract a distance of 358.27 feet to a point for corner, from which a 3/8 inch iron rod found, bears South 88 degrees 59 minutes 16 seconds West, 4.18 feet; THENCE, South 89 degrees 03 minutes 26 seconds West continuing along the south line of the said HRC Ranch tract a distance of 512.67 feet to a fence comer post found at the southwest corner of said HRC Ranch tract; Page 2 of 4 J:\Survey\3552\04\WP\3552-04_PLAT AND BARNES dese.DOC THENCE, North 00 degrees 22 minutes 56 seconds West along the west line of the said HRC Ranch tract a distance of 2,053.17 feet to a point for corner in Naugle Creek; THENCE, along Naugle Creek the following Courses and distances: North 58 degrees 09 minutes 26 seconds East a distance of 263.00 feet to a point for corner; South 73 degrees 06 minutes 08 seconds East a distance of 145.00 feet to a point for corner; South 80 degrees 54 minutes 52 seconds East a distance of 300.00 feet to a point for corner; South 68 degrees 05 minutes 19 seconds East a distance of 254.00 feet to a point for comer; North 88 degrees 14 minutes 21 seconds East a distance of 137.50 feet to a point for comer; North 59 degrees 18 minutes 21 seconds East a distance of 150.60 feet to a point for corner; North 86 degrees 46 minutes 41 seconds East a distance of 90.80 feet to a point for comer; North 58 degrees 43 minutes 34 seconds East a distance of 177.80 feet to a point for corner; South 78 degrees 01 minute 04 seconds East a distance of 52.20 feet to a point for corner; South 44 degrees 44 minutes 52 seconds East a distance of 107.70 feet to a point for corner; North 85 degrees 27 minutes 19 seconds East a distance of 47.00 feet to a point for corner; North 52 degrees 35 minutes 57 seconds East a distance of 226.60 feet to a point for comer; North 85 degrees 58 minutes 18 seconds East a distance of 315.03 feet to a point for corner; North 57 degrees 02 minutes 11 seconds East a distance of 123.50 feet to a point for corner; North 23 degrees 31 minutes 36 seconds East a distance of 117.00 feet to a point for corner; North 59 degrees 35 minutes 46 seconds East a distance of 98.00 feet to a point for comer; North 82 degrees 00 minutes 06 seconds East a distance of 114.00 feet to a point for comer; South 74 degrees 17 minutes 11 seconds East a distance of 155.50 feet to a point for corner; North 44 degrees 13 minutes 40 seconds East a distance of 141.00 feet to a point for comer; North 72 degrees 19 minutes 58 seconds East a distance of 83.00 feet to a point for corner; South 33 degrees 55 minutes 54 seconds East a distance of 149.00 feet to a point for corner; Page 3 of 4 J:\Survey\3552\04\WP\3552-04_PLAT AND BARNES desc.DOC North 82 degrees 42 minutes 21 seconds East a distance of 46.00 feet to a point for corner; North 51 degrees 58 minutes 46 seconds East a distance of 103.00 feet to a point for corner; North 39 degrees 35 minutes 41 seconds East a distance of 159.65 feet to a point for corner in the center of Wilson Creek, said point being on the most southerly line of a tract of land as described in instrument to Harold Patin, Tract "A" as recorded in County Clerk's File No. 97- 0074388 of the Deed Records of Collin County, Texas; THENCE, South 77 degrees 12 minutes 24 seconds East along the center of Wilson Creek and the said south line of the Patin tract a distance of 62.47 feet to a point for corner, said point being an extension of the west line of the said Clark Partners tract; THENCE, North 00 degrees 38 minutes 10 seconds West, passing at 10.95 feet the southwest corner of said Clark Partners tract and continuing along the west line of said Clark Partners tract, in all a distance of 1,460.41 feet to a'/Z inch iron rod with cap stamped "Geer" found at the southwest corner of said Collin County tract; THENCE, South 89 degrees 58 minutes 57 seconds East along the south line of said Collin County tract a distance of 1,058.92 feet to a %Z inch iron rod with cap stamped "Geer" found; THENCE, North 89 degrees 43 minutes 31 seconds East continuing along the south line of said Collin County tract a distance of 1,067.34 feet to the POINT OF BEGINNING and CONTAINING 320.3 acres of land, more or less. For Huitt- ollars Inc. Mi chell S. Pillar Registered Professional Land Surveyor Texas Registration No. 5491 Huitt-Zollars, Inc. 3131 McKinney Ave. Suite 600 Dallas, Texas 75204 Tele. 214-871-3311 Date: November 20, 2006 Page 4 of 4 J:\Survey\3552\04\WP\3552-04_PLAT AND BARNES desc.DOC EXHIBIT "A" TRACT `B" - LAND DESCRIPTION BEING a 19.475 acre tract of land situated in the Larkin McCarty Survey, Abstract Number 600, Collin County, Texas, and being a portion of a 22.36 acre tract of land described in Special Warranty Deed to Grace Presbytery as recorded in County Clerk's File No. 92-0025785 of the Deed Records Collin County, Texas (D.R.C.C.T.) and being a portion of a 5.02 acre tract of land described in Special Warranty Deed to Walnut Grove Cemetery Association as recorded in County Clerk's File No. 95-0006878 (D.R.C.C.T.) and being all of a 30 foot access easement described in instrument recorded in County Clerk's File No. 95-0006878 (D.R.C.C.T.) and being more particularly described as follows; BEGINNING at a Y2 inch iron rod found with cap at the northeast corner of a tract of land as described in instrument to Walnut Grove Cemetery Association as recorded in Volume 235, Page 349 (D.R.C.C.T), said point being on the westerly right-of-way line of FM 2478; THENCE departing the westerly right-of-way line of FM 2478, and along the northerly line of said Walnut Grove Cemetery Association tract the following; North 88 degrees 37 minutes 39 seconds West a distance of 361.58 feet to a'/2 inch iron rod found with #4701 cap; North 59 degrees 05 minutes 53 seconds West a distance of 203.13 feet to a point fo a corner; THENCE North 32 degrees 01 minutes 58 seconds West a distance of 15.27 feet to a point for a corner; THENCE North 63 degrees 52 minutes 02 seconds West a distance of 83.56 feet to a 1/2 inch iron rod found with #4701 cap; THENCE North 59 degrees 59 minutes 31 seconds West a distance of 466.10 feet to a %2 inch iron rod found with cap on the westerly line of said 30 foot access easement; THENCE along the westerly line of said 30 foot access easement the following; North 20 degrees 50 minutes 53 seconds West a distance of 41.98 feet to a %2 inch iron rod found with #4701 cap; North 04 degrees 52 minutes 43 seconds West a distance of 40.47 feet to a %2 inch iron rod found with #4701 cap; Page 1 of 3 I:\projW1352101\doc\ and-Descriptionslchurchzoning-desc.doc North 04 degrees 21 minutes 28 seconds East a distance of 90.94 feet to a % inch iron rod found with #4701 cap; North 00 degrees 01 minutes 31 seconds East a distance of 70.38 feet to a point for a corner; THENCE, departing the westerly line of said 30' access easement, North 84 degrees 11 minutes 27 seconds West a distance of 240.75 feet to a point for corner on the west line of said Walnut Grove Cemetery Association tract recorded in County Clerk's File No. 95- 0006878 (D.R.C.C.T.); THENCE along the westerly line of said Walnut Grove Cemetery Association tract and continuing along the westerly line of said Grace Presbytery tract North 00 degrees 55 minutes 20 seconds West, passing the northwest corner of said Walnut Grove Cemetery Association tract at 131.38 feet and passing at 908.36 feet a 100d nail found and continuing in all a distance of 1140.54 feet to a point for comer in the approximate centerline of Wilson Creek; THENCE along the approximate centerline of Wilson Creek the following; South 41 degrees 10 minutes 36 seconds East a distance of 108.68 feet to a point for corner; South 40 degrees 52 minutes 48 seconds East a distance of 299.34 feet to a point for corner; South 46 degrees 04 minutes 18 seconds East a distance of 477.40 feet to a point for corner; South 07 degrees 39 minutes 12 seconds East a distance of 315.16 feet to a point for corner, South 27 degrees 48 minutes 36 seconds West a distance of 186.60 feet to a point for corner; South 02 degrees 06 minutes 12 seconds West a distance of 107.05 feet to a point for comer; South 70 degrees 02 minutes 24 seconds East a distance of 252.99 feet to a point for corner; South 52 degrees 48 minutes 48 seconds East a distance of 243.58 feet to a point for corner; Page 2 of 3 I:\proj\01352101 \doc\Land-Descriptions\churchzonin g-desc.doc South 73 degrees 07 minutes 06 seconds East a distance of 311.88 feet to a point for corner at the intersection of the approximate centerline of Wilson Creek and the westerly right-of-way line of FM 2478; THENCE South 00 degrees 10 minutes 21 seconds West, along the westerly right-of- way line of FM 2478 a distance of 253.31 feet to the POINT OF BEGINNING and containing 19.475 acres of land, more or less. For Huitt-Zollars, Inc. Eric J. Irab udy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Ave. Suite 600 Dallas, Texas 75204 Tele. 214-871-3311 Date: October 10, 2006 Page 3 of 3 I:\proj\01352101\doc\Land-Descriptions\churchzoning-dese.doc tR� q �o�o oomoboe6m00000eoaemomo� ERIC jOHN YAHOUDY •aeo Be®e000 s@p 6000000ey0e A,, 4862 a me Whitley Place Planned Development Page 14 of 16 EXHIBIT "B" WHITLEY PLACE STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to request Planned Development zoning in a manner that meets the current market demands for residential and retail development. This submittal allows for 640 residential dwelling units and retail uses on approximately 320 acres of land in Tract A and 12 residential dwelling units on approximately 19.5 acres of land in Tract B. The proposed zoning includes specific development standards for single-family residential uses and retail uses, described herein. I:\prof\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc 14 TOWN OF PROSPER, TEXAS EXHIBIT "C" WHITLEY PLACE Planned Development District Residential Development Standards November 2006 An aggregation of the following items: Original PD Zoning Regulations, April 2003 PD Amendment No. 1, April 2005 Addition of Tract B, November 2006 Whitley Place Planned Development Page 2 of 16 WHITLEY PLACE PLANNED DEVELOPMENT RESIDENTIAL DISTRICT STANDARDS 1.0 Planned Development District - Single -Family Residence 1.01 General Description: This Planned Development Ordinance permits a maximum of 640 single-family residential units on 320 acres in Tract A, plus 12 single- family residential units on 19.5 acres in Tract B, (see attached Exhibit "D"). The development standards for the aforementioned housing types are outlined within this text or as set forth in the Single Family -Estate, Single Family - 22, Single Family - 15, Single Family - 12.5, and Single Family - 10 Zoning Classifications of Ordinance 05-20 and the Subdivision Ordinance 03-05 as they exist or may be amended, if not specifically addressed herein. 1.02 Permitted Uses: Land uses permitted within the PD are as follows: a. Single Family Residential b. Schools - public C. 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 d. Civic facility e. Real estate sales offices in a temporary building for each builder during the development and marketing of the Planned Development which shall be removed when 80% of the lots receive final issuance of a Certificate of Occupancy (CD) on the last lot owned by that builder. f. Model Homes - Builder's model homes must be vacated and offered for sale when all other homes of that builder are sold out in Whitley Place. g. Accessory buildings incidental to the permitted use and constructed of the same materials as the main structure. h. Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. 1.03 Required Parking A minimum of four (4) off-street, concrete parking spaces shall be provided for each residential unit. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. Garage doors shall be I:\proj\01352101\doc\Rezoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc 2 Whitley Place Planned Development Page 3 of 16 located on or behind the applicable setback line for the residential unit. The parking of motor homes, boats and/or trailers on a lot facing a street is prohibited. 1.04 Exterior Facade Building Materials: 1.04.1 Surface Area Facade The surface area of the first floor exterior wall (exclusive of openings for windows and doors) and all second story walls in the same vertical plane as the first floor wall shall be veneered with a minimum 75% coverage of a masonry material per Town of Prosper Comprehensive Zoning Ordinances. 1.04.2 Roofing Material No wood shingle roofs will be permitted. 1.05 Single -Family: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. The maximum number of single-family units allowed is 652 single-family units. Building and area requirements for the single-family units for each tract are as follows: 1.05.1 Lot Area The minimum area of each lot size and the mix of lot sizes shall be as shown in the following table. LOT AREA & LOT NUMBER SUMMARY Minimum Lot Tract A No. of Lots Tract B No. of Lots Area CSF 43,560 (one- acre 14 (min.) 30,000 25 min. 15,000 39 min. 12,500 339 max. 12 10,000 289 (max. Total Maximum Allowed Lots 640 12 Tract A is the main body of Whitley Place encompassing approximately 320 acres on either side of Wilson Creek. Tract B is an irregular shaped approximately 19.5 acre tract located south of I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc Whitley Place Planned Development Page 4 of 16 Wilson Creek and north of the Walnut Grove Cemetery with limited frontage on FM 2489 (Custer Road). The general location of each of the residential lot types will be as follows: • The majority of one -acre lots will be along the south side of Wilson Creek. • The majority of 30,000 square foot lots will be along both sides of the entry street from East First Street. • The 15,000 square foot lots will be north and south of Wilson Creek and generally on the west side of the Property. • The 12,500 square foot lots will be on both the north and south sides of Wilson Creek, including Tracts B. • The 10,000 square foot lots will be on the north side of Wilson Creek generally on the east side of the Property and on the south side of Wilson Creek generally along the west side of the Property. 1.05.2 Lot Coverage The maximum lot coverage for each lot size shall be as shown in the following table. LOT COVERAGE SUMMARY Minimum Lot Area (SF) Max. Lot Covers e 43,560 one -acre 35% 30,000 35% 15,000 45% 12,500 45% 10,000 50% 1.05.3 Lot Width The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY Minimum Lot Area (sf l Min. Lot Width ft. 43,560 one -acre 90 30,000 90 15,000 90 I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc 4 Whitley Place Planned Development Page 5 of 16 12,500 80 10,000 80 1.05.4 Lot Denth The minimum depth of any lot shall be 120 feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid -point on front and rear lot lines, of 100 feet; provided all other requirements of this section are fulfilled. 1.05.5 Front Yard The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY Minimum Lot Area Tract A- Min. Front Setback Tract B - Min. Front Setback ET. 43,560 one -acre 35 30,000 35 15,000 30 12,500 25 20 10,000 25 1.05.6 Side Yard The minimum side yard on each side of a lot shall be as shown in the following table. The side yard set back for all corner lots shall be a minimum of 15 feet. SIDE YARD SETBACK SUMMARY Minimum Lot Area SF Min. Side Yard Setback FT. 43,560 one -acre 15 30,000 15 15,000 10 12,500 10 10,000 g 1.05.7 Rear Yard The minimum depth of the rear yard shall be 20 feet for all lots on Tracts A, and shall be 15 feet on Tract B. I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc 5 Whitley Place Planned Development Page 6 of 16 1.05.8 Building Height Buildings shall be a maximum of two and one-half (2%2) stories, not to exceed forty feet (40') in height. 1.05.9 Minimum Dwelling Area The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY Minimum Lot Area SF Min. Dwellin Area SF 43,560 one -acre 2,400 30,000 2,400 15,000 2,400 12,500 1,800 10,000 1,800 The minimum dwelling area on Tract B shall not be less than 2,800 SF. 1.5.10 Mechanical Equipment All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.0 Residential Planned Development District - General Conditions 2.01 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-03, and Subdivision Ordinance, No. 03-05, as they presently exist or may be amended. All Right of Ways as specified in the Town's Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.02 Amenities: 2.02.1 TrailheadNiewing Structure I:\proj\01352101\doc\ReZoning-7ractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc Whitley Place Planned Development Page 7 of 16 The Developer for the Planned Development District shall construct a TrailHead/ Viewing Structure with a minimum of eight parking spaces. Construction will be ADA compliant and meet requirements of Texas Accessibility Standards. The structure will be completed in Phase One. 2.02.2 Pocket Park Pocket Park shall mean a park of one acre or more. In addition to the Trail Head/Viewing Structure, the developer will furnish and build a pocket park. Size and location of the Pocket Park will be located on the site plan and approved by the Town of Prosper. The pocket park shall include park benches, landscaping and automatic irrigation system as specified in the Ordinance 05-03. 2.02.3 Trails The developer and Town of Prosper will enter into a Development Agreement at the time of platting, such Agreement to include a hike and bike trail to be constructed in the location shown on Exhibit D. The Trail width shall be 8 feet and constructed of concrete. Developer will install emergency access at the end of the cul-de-sac adjacent to Area A. Construction will be 12' (twelve feet) wide Grass crete on treated base material to meet Town's requirement. Construction costs of the trail along Wilson Creek and its tributary and the bridge over Wilson Creek will offset Park Fees or serve as Park Fee credits on the overall Whitley Place development. Park fees for the lots in this development shall be set to be the same as the remainder of the Whitley Place development at $1000 per lot. The Developer will provide an easement for the trail and bridge. 2.02.4 Entry Features and Enhancements The developer will construct entry features and enhancements at a number of locations within the site. These aesthetic amenities will include monument walls, landscaping, and structural elements at key locations as shown on Exhibit "G". In addition, a "Trailhead Pavilion" will be constructed at the lakes centrally located in the development as stated in Section 2.02.1, above. These features will be constructed on open space lots contiguous to local streets and will be limited to a maximum height of 25 ft. 2.03 Screening and Buffering The area of the development along East First Street, Prosper Trail and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs, as specified on the attached Exhibit "F" and in conformance with Section 10.13.5 of the Subdivision Ordinance. I:\proj\01352101\doc\ReZoning-TractsA&B&OWhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc Whitley Place Planned Development Page 8 of 16 2.04 Zoning Site Plan A Zoning Site Plan is hereby attached (Exhibit "D") and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, ROW dedication, roads, trails, drainage, and easements and illustrates the integration of these elements into a master plan for the whole district. 2.05 Streets The main entry street from East First shall be designed as an urban street section (concrete paving with integral curbs and underground storm drainage system in an appropriate right-of-way. If divided, the paved section for the main entry street shall be concrete paving with 24' wide pavement for travel in each direction. Where undivided, it shall be constructed similar to other residential streets. The residential streets shall consist of a 50-foot right-of-way with a 31 foot paving section (b-b) and drainage systems which shall be incorporated into the street facility with concrete paving and mountable curbs. Grass-crete may be provided for cul-de-sacs to provide a second point of access for emergency access to meet Fire Department requirements. Right-of-way areas shall be dedicated and provided on any and all adjacent street or road section to conform to the Town of Prosper Subdivision Ordinance. For Tract B, the residential street shall consist of a 50-foot right-of-way with a 31 foot paving section (b-b) and drainage systems which shall be incorporated into the street facility with concrete paving and mountable curbs. An Emergency Access road shall be constructed of Grass-crete or similar suitable material from the local residential street to Custer Road to provide a second point of access to this tract. This Emergency Access road shall be provided within an Access Easement. The Emergency Access entrance off Custer Road will be gated with a Knox box and/or lock as per Fire Department requirements, and will be built to comply with the landscaping and screening requirements set forth herein. All streets, roads, and access routes shall be as shown on the Site Plan. Right-of-way areas shall be dedicated and provided on any and all adjacent street or road sections to conform to the Town of Prosper Subdivision Ordinance. The minimum centerline radius of local residential streets shall be 120 feet so as to allow preservation of existing large trees on the property. The street will not be subject to any maximum length regulations between its entry from Whitley Place Phase 1 and the proposed turn -around near the eastern boundary line. 2.06 Maintenance of Facilities The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc Whitley Place Planned Development Page 9 of 16 area of the Planned Development District or adjacent Right of Way (ROW). The homeowner's association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit B. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. A two (2) year maintenance bond for all improvements contained within the HOA area or ROW shall be provided at the time of transfer. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record. Maintenance of Facilities will require the developer enter into a Facilities Maintenance Agreement with the Town of Prosper prior to filing of the final plat for the lots and common areas for these features. 2.07 Sidewalks All residential streets in Tract A will have a four (4) foot wide sidewalk located on both sides of the street, and generally, shall be located two feet (2') from the street right-of-way line. Sidewalk in Tract B will be installed along lot frontages but not be installed along the portion of street that fronts the Walnut Grove Cemetery. All public street ROW sidewalks and crossings shall be ADA compliant. 2.08 Mailboxes The Developer will deed restrict the property to require a standard mailbox design that will be constructed with each home or structure and maintained by the property owner or HOA for a consistent look throughout the development. Each mailbox will be iron, wrought -iron or cast alloy posts or stand and all mailboxes will match in color and style. Brick mailboxes will not be allowed. 2.09 Landscaping Landscaping requirements shall comply with the Town of Prosper Comprehensive Zoning Ordinance. 2.10 Fencing All lots adjacent to designated open spaces, parks, and/or trails (Areas A through G as shown on Exhibit G and described in Section 2.13 herein) shall be restricted to ornamental metal fencing. 2.11 Water Feature The Zoning Plan attached to the Plan Development District Standards indicates at least one water feature, which is to be constructed and improved as a part of this development. The design, construction, and initial maintenance cost of the Water Feature shall be provided by the developer. The completion of each Water I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc Whitley Place Planned Development Page 10 of 16 Feature indicated shall be coincidental with or prior to each Phase or Section of development. If the development schedule is modified or altered then the proposed water feature shall be completed on or prior to fifty (50%) percent of the land area being platted. Maintenance of Facilities will require the developer enter into a Facilities Maintenance Agreement with the Town of Prosper prior to filing of the final plat for lots and common areas for these features. 2.12 Open Space Requirements The development of the Property will provide a minimum of 34 acres of common open space area including such items as parkland areas, pocket parks, water features, creeks and natural preserved areas as shown on Exhibit "D". Specifically, the common open space areas are designated as follows: • Area "A" — Parkland dedication area including a portion of the hike and bike trail of approximately 2.5 acres. • Area "B" — Hike and bike trail easement across the one -acre lots adjacent to Naugle Creek of approximately 2 acres. • Area "C" — Parkland dedication area including a minimum of 4-acres of lakes, Viewing Structure and hike & bike trail totaling approximately 10.3 acres. • Area "D" — HOA open space area including a'/2-acre lake, sidewalks and park benches in approximately 2 acres. • Area "E" — Parkland dedication area along Wilson Creek restricted to natural space and hike and bike trail uses, totaling approximately 12 acres. • Area "F" — Parkland dedication area suitable for future playing fields of approximately 7 acres. • Area "G" — Parkland dedication along Wilson Creek and the hike and bike trail and bridge of approximately 3 acres restricted to natural space and hike and bike trail uses, and approximately 6 acres of private HOA open space area. 2.13 Park Land Dedication The common open space/park land shall consist of a minimum of 34 acres (7%) generally along existing creeks including park improvements such as the hike and bike trail and viewing structure as described above and an area located near the existing pond (Area "D") including passive park improvements for that area such as park benches and landscape enhancements. The maximum percentage of floodplain land that qualifies for parkland in accordance with Section 13.3.1 of the Prosper Subdivision Ordinance shall not apply to this property. The ownership and maintenance responsibilities of the common open space and parkland areas as shown on Exhibit "A" will be as follows: • Area "A" — Parkland area to be dedicated to the Town of Prosper. The Homeowners Association (HOA) will maintain this area until the subdivision if 70% built out and the HOA is under the control of the residents of the I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doe 10 Whitley Place Planned Development Page 11 of 16 subdivision. Thereafter the maintenance of this area will be split evenly between the HOA and the Town of Prosper thru a Facilities Maintenance Agreement between the Whitley Place Homeowners Association and the Town of Prosper. After Application for preliminary plat but prior to filing of final plat, the Town and developer will create the Facilities Maintenance Agreement. Area `B" — Hike and bike trail and landscape easement will be dedicated to the city across the area of the one -acre lots that is adjacent to Naugle Creek. The Homeowners Association (HOA) will maintain this area until the subdivision is 70% built out and the HOA is under control of the residents of the subdivision. Thereafter, the maintenance of the hike and bike trail will be split evenly between the HOA and the Town of Prosper thru a Facilities Maintenance Agreement between the Whitley Place Homeowners Association and the Town of Prosper. After Application for preliminary plat but prior to filing of final plat, the Town and developer will create and execute the Facilities Maintenance Agreement. Area "C" — Parkland area to be dedicated to the Town of Prosper. This area will be maintained by the Home Owners Association (HOA) until the subdivision is 70% built out and the HOA is under the control of the residents of the subdivision. Thereafter the maintenance of this area will be split evenly between the HOA and the Town of Prosper thru a Facilities Maintenance Agreement between the Whitley Place Homeowners Association and the Town of Prosper. After Application for preliminary plat but prior to filing of final plat, the Town and developer will create and execute the Facilities Maintenance Agreement. • Area "D" — Common open space area to be owned and maintained by the HOA. Area "B" - Parkland area to be dedicated to the Town of Prosper. This parkland area will be used for hike and bike trail and a nature area and will be maintained by the Home Owners Association (HOA) until the subdivision is 70% built out and the HOA is under the control of the residents of the subdivision. Thereafter the maintenance of this area will be split evenly between the HOA and the Town of Prosper thru a Facilities Maintenance Agreement between the Whitley Place Homeowners Association and the Town of Prosper. After Application for preliminary plat but prior to filing of final plat, the Town and developer will create and execute the Facilities Maintenance Agreement. Area "F" - Parkland area to be dedicated to the Town of Prosper. This area will be maintained by the Home Owners Association (HOA) until the subdivision is 70% built out and the HOA is under the control of the residents of the subdivision. Thereafter, the maintenance of this area will be by the I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc I ] Whitley Place Planned Development Page 12 of 16 Town of Prosper. After Application for preliminary plat but prior to filing of final plat, the Town and developer will create and execute the Facilities Maintenance Agreement. Area "G" — This area is part Parkland to be dedicated to the Town of Prosper and part Common Open Space area to be owned and maintained by the HOA. The Parkland is generally located along and north of the hike and bike trail and to include Wilson Creek. The Common Open Space will be located generally south of the hike and bike trail. The Parkland area will be used for the hike and bike trail and a nature area and will be maintained by the Home Owners Association (HOA) until the subdivision is 70% built out and the HOA is under the control of the residents of the subdivision. Thereafter, the maintenance of the Parkland area will be split evenly between the HOA and the Town of Prosper thru a Facilities Maintenance Agreement between the Whitley Place Homeowners Association and the Town of Prosper. After Application for preliminary plat but prior to filing of final plat, the Town and developer will create and execute the Facilities Maintenance Agreement. 2.14 Park Improvement Fees/ Trail Construction Initially, the Park Improvement Fees for this site are set at $1,000.00 (one thousand dollars) per platted residential lot. However, the Town of Prosper may instruct the Developer to install the Hike and Bike Trail on a phase by phase basis with each phase of subdivision construction that abuts the trail system. If there is a trail in place on adjacent property under separate ownership to the west of this tract, the trail will be completed in Phase one of the development to provide for the connection. If the Hike and Bike Trail is constructed by the developer, full dollar for dollar credit will be given to the developer as an offset against park improvement fees. In no case will the developer be required to build a trail system and park improvements that exceed the total park improvement fees for this project. I:\prof\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc 12 Whitley Place Planned Development Page 13 of 16 EXHIBIT "A" WHITLEY PLACE ZONING EXHIBIT (see attached exhibit) I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006Rev 111606.doc 13 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News — Collin County Edition TOWN OF PROSPER, ORDINANCE NO. 06-127 SN December 16, 2006 ;fore me this (Lynda Black) December 19, 2006, A.D 7 (Lisa Battenfie ) Whitley Place Planned Development Page 16 of 16 EXHIBIT "E" WMTLEY PLACE DEVELOPMENT SCHEDULE The development schedule for the approximate three hundred forty (340) acres will be phased over the next nine (9) years as scheduled below: YearF21 rox. # Lots — Amenities & Features eral Location 2006— Tract A north and Entry features with landscaping and signage h of Wilson Creek Enhanced landscaping and berms along Custer Rd and CR 79 along proposed lots Area "C" park land with hike & bike trail TrailheadNiewing structure with hike & bike trails Area "E" park land with hike & bike trail Amenity Center 2008 70 — Tract A south of Hike and bike trail along Naugle Creek in Area `B" Wilson Creek; and Tract B Hike and bike trail along Wilson Creek in Area "G" H&B trail bridge over Wilson Creek Entry features with landscaping and signage 2010 150 — Tract A north of Area "F" park land Wilson Creek Enhanced landscaping and berms along Custer Rd and CR 122 along proposed lots 2012 100 — Middle section of Entry features with landscaping and signage Tract A south of Wilson Hike and bike trail along Naugle Creek in Area `B" Creek 2014 122 — West section of Area "A" park land with hike & bike trail Tract A south of Wilson Entry features with landscaping and signage Creek (Note: Phasing lines, number of lots and dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate water and sewer service to this area.) I:\proj\01352101\doc\ReZoning-TractsA&B&C\WhitleyPlacePDAmendment-11-02-2006 Rev 111606.doc 16 P� mom„ f, — .....-.tea......_ . ,rYrA..✓..,Y�..r..Y.ne.ww.wYn.+, m I zl !® PROJECT/ , © SITE VICINITY MAP ns GWMC sCua (vrm) I Yrw®6 Zoning Case: Z04-24 EXHIBIT "A" ZONING EXHIBIT FOR WHITLEY PLACE A PLANNED DEVELOPMENT ON 339.77 ACRES IN THE LARKIN MoCARTY SURVEY, ABSTRACT Na. 600 COLON COUNTY, TEXAS owwm PREPA A BY. CCJOIIifV@RURBS LT0. HUffT—ZDUARS aao oae. v.am� sm xw rr)-te.n r AREA SUMMARY PROPERTY GROSS ACREAGE 335.77 ACRES MAX NO. RE9DQAUL LOTS 662 GROSS RESIDENTIAL DENSrFY 1.91 DU/AC OPEN SPACF,/PARMNID 34 ACRES SCHOOL 12.1 ACRES NET ACREAGE 293.6 ACRES NET DENSrFY (MAX) 222 OtJ/AO OPEN SPACE SUMMARI� AREA OPEN SPACEMMENBELT 25AC. AREA RRQ HOW B SKE TRA0. (VMTH VA2 AC. AREA OPEN SPACEA7REESELT 108 AC. AREAO PRNATE OPEN SPACE NOT TO MOM ZOAC. AREAE OPEN SPACEIUREBBELT 120 AC. AREAF OPEN SPALEIGREEBELT 7.OAC. MEAD PRNATEOPEN SPACE BOAC. PUBLIC OPEN SPACEMEENBUT 20AC. 'AREA CALCULATIONS ARE APPROMMATE LSGO. SUM PLATTING. THETOTALOPENSPACE I TOTALOFAREAS&B.CME.F.&M PER WM M PLACE P.D. OROINANCE WILL BE A W" MOF N ACRES FORTHISSRE 1 AC. 30,000SF. IUM&F. tZ500&F. 1OM SF. [I u wnlx awnLOL awn Nv. a1wnW0: mLOInYVJc �'♦ � iiil�ixlfl�� AREwD �' I 1 IJ I t® PROJECT, ® SITE VICINITY MAP TTa GRAPHIC SCALE Rvlar) ZGNng Case., Z04-24 EXHIBIT "D" ZONING _EXHIBIT WHITLEY PLACE A PLANNED DEVELOPMENT ON 339.77 ACRES IN THE LARK(N MCCARTY SURVEY, ABSTRACT NO.600 COLLIN COUNTY, TEXAS Gem PF"AM Bt. a P.c�q N=� - ,L'� HIIITTZDLM o sAr ae BAI-ra.. r 0." Tom. ]62a RR Lue.p A0. B o osa Ts 7a01 Tm.OH) own a OW sm-w MBVB®l7W s. P� m rp � +® PROJECTS —yam ® SITE VICINITY MAP Rm GRAD c Sous Eaten) R w.ees Zoning Case: Z04-24 EXHIBIT 'A' ZONING EXHIBIT FOR WHITLEY PLACE A PLANNED DEVELOPMENT ON 339.77 ACRES IN THE LARKIN McCARTY SURVEY, ABSTRACT NO. 600 COWN COUNTY, TEXAS ov"3h PREPARED BY. (xJO pwkTIIIRB3 LTA >sao l� JLILIIV � wm.v w. Rvm m sea nm lmM rn.r (m7 oa-an Rw (np mtm ra Pnl ms>p AREA SUMMARY PROPERTY GROSS ACREAGE 330.77 ACRES MAX MM RESIDENTIAL LOTS 882 ORRIS RESIDENTIAL DENSITY 1•91 DU/Ac OPEN SPACE/PARIDAMD 34 ACRES SCHOOL 12.1 ACRES NET ACREAGE 483.E ACRES NET DENSITY 04" 244 DU/AO OPEN SPACE SUMMARY; AREAA OPEN SPACEATREENS&T 2.5AC. AREAS NINE B BIKE TRALL (VACTN VARIES) XA MEAL PE ON BPACFAREEBELT 10]AC. AREA 0 PNVATE OPEN SPACE NOT TO EXCEEOTDAC. AREAS OPEN SPACEGREEBELT 14DAC. AREA OPEN SPACEKIREEBELT MAO. AREA 0 EAD PRNATE OPEN SPACE BOAC. PUBLIC OPEN SPACEIGMNSELT 3AAC. •ARFACAICLAATIONS ARE APPROXIMATE UNTP FINAL PLATnma. THE TOTALOPEN SPACE (TOTALOFAREASAB,C,%ILF,B(0 PER WMREY PLACE PD.ORDNANCE WILL BE A MRLMUM OF 3/ ACRES FORTTBBSRE. tAR 3UOO ELF 1s,DrusF. tzsoos.F tILDBDSF. E. ❑❑❑ NIATB YM iEO m UNSW --- --.— rm AREAO 1 MOM.' ,, - m ® II f ;m PROJECT/ ' m SITE m X VIC N" MAP m GRAPHIC SCALE L rr.BxA •THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS E701®TL ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT THE TORE OF FINAL PLAT. mil Zoning Case: Z04-24 EXHIBIT `D" ZONING EXHIBIT FOR WHITLEY PLACE A PLANNED DEVELOPMENT ON 339.77 ACRES IN THE LARKIN McCARTY SURVEY, ABSTRACT NO.600 COLLIN COUNTY, TEXAS OSIER PREPARED BT; OC]OQifYCtiNRBSLID HUHT—LIJLJCIIV mm Sri PrbsT T D,iw. VA IHFLI�e 4 eeq T02/B XO WAr/,k� i0r 100 MR fua 14r1 rev hIT) rn-iH re. ts") own ti pTq Rf-PTST eavDmaaea SECTION—CUSTER ROAD LANDSCAPE BUFFER am a 1/sud ma. i www �1 /Q law v rdrn �s limn WCL Al CLh'i Rom PARTUAL PLAN VIEW — CUSTER ROAD LANDSCAPE BUFFER amn l+avav wr icr im uv wr tmsr sum V""RWV"w PARIUAL PLAN VIEW —_FIRST STREET LANDSCAPE BUFFER mm lvalr v giodilmommy un manpowmum E3CEIIBIT F PRO— Bufi'v G•DW WHLILEY PLACE EMT To o(Wosoa.Cowin v EX-F VICINITY MAP osarmc sc z (s.m� tw.®n 6MNN�RV�CTM' Zoning Case: Z04-24 EXHIBIT 'W ZONING EXHIBIT FOR WHITLEY PLACE A PLANNED DEVELOPMENT ON 339.77 ACRES IN THE LARION McCARTY SURVEY, ABSTRACT NO.600 COLLIN COUNTY, TEXAS an AM er. CCXIUR� LTD. sr. s ca.r (ory aa76M OCT-01-2010 14:50 P.01i01 REPLY FORM DEV91 OPMENT SERVICES DEPARTMENT P,O. Box 307 Prosper, TX 75078 Phone: 977-346-3502 Fax; 972-347-9006 SUS Zoning Case ZID-0018: The Town of Prosper has received a request to rezone 133.1-+ acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Strest, 2,300t feet west of Custer Road. DESCPJP71ON OF THE REQUEST: The Planed Development would allow for the development of 250 single bTdy residential lots. The single family residential lots are proposed to consist of a minimum of 35 f teen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maudmurn of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. I OPPOSE the request as described in the notice of publio hearing. x" I DO NOT OPPOSE the request as described in the notice of W& hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Flu— f 7. � ojr- ; I fW T7 7 T 5 IF- l` ic it- f'1yi- 25 rf H ti- -- Name (please print) 5ignahue /e" It A a /D Address Data City, Slate, and Yip Code E-mail Address Received Time Oct. 1. 2010 1:19PM No.0045 U CT-01-2010 11:20 1�� TOWN' OF Pc Prosper if aplane where eveyorreuurtrim. REPLY FORM DlVILOPMI:NT S�RVICIBS DCPARTIfB:N7' P.O. Box 307 Prosper, TX 75078 Phone: 072-346.5502 Fax: 9724W4M SUBJECT; Zoning Case ZIM18: The Tom of Prosper has received a request to rezone 133.1f acres from Planned. .. Devebp &" (PI}9) to Plarxred Devebpmerr-8iilgle Family (PD-SF). . LOCATION OF SUBJECT PRAPERTY. The prDpe* is located on the north side of First S wt, 2,30Dt feet west of Custer Road DI=SCRIPTION OF THE REQUEST: The Pi nrW Devebpmentwould allow for the development of 250 file faa* mWenow lots. The single family r al tuft lots are plDposed to consist of a dritnum of 35 fifteen tttoumW (15,000) square foot Ia; a nvoftum of 54 twelve tt d, five hmdred (12,500) square fool lots; and a MwdnM of 161 ten th mmrW (10,000) sqm foot bts. The proposed cmmpt pit Is located on the beck side of tf vs page. o I OPPOSE the request as descried In the noU of public hearing. I DO NOT OPPOSE the request as desated in the notice of publo hearing. CommENTS (ATTACii Awri4bNALsHEEfS lF NECESSARY)'. �h� Pal ze C Name (please prin Y Address -ps 7�3 City, stale, and 7Jpp code 'wle, if6 p I a — v \ Date E-rrd Address P.01 —Received Time —Oct. 1.'2010- 9:48AMENo.0041 OCT-01-2010 11:20 iOSPER p IWN OF Prosper is a place where everyo»e muj&pr. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax:972-347-9006 SUBJECT, Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.0 acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,30h feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10.000) square foot lots. The proposed concept plan is located on the back side of this page. ❑ I OPPOSE the request as described in the notice of public hearing. Jr***' I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Name (PT p ease print) d -_ Date City, State, and Tap Code E-mail Address Received Time Oct. 1, 2010 9:48AM No.0041 OCT-01-2010 11:20 P.03 11OSPER WN of Prosper is a place wliere everyone Inalfers R!_PI,Y FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Ahone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1=L- acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a ma:amum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 Gen thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. In I OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): ame (please print) ./ 11114, WON �i1P 2, 7":ok Z.S Q,�� City, State, and Zip Code Date E-mail Address Received Time Oct, 1, 2010 9:48AM No,0041 OCT-01-2010 11:20 REPLY FORM DEVELOPMENT SERVICES DLPARTMEW P.O. Sox 307 Prosper, TX 75075 Phone: On-345-M IF= 972-347.9006 J fin. Zoning Case 210-0018. The Town of Prosper has received a requag to rezone 133.1+ acres from Planned Development-9 (PD-9) to Planned Development-S'mgle l:arnily (PD-SF). t_O AT19N OF SUBJECT PROPERLY: The property is loaded on the north side of First Street, Z3M± feet West of Custer Road. DESCRIPIMN OF THE RMUEST: The Planned Development would allow for the devebpment of 250 single farngy nWdenW lots. The single fa dy residential brs are proposed b consist of a minin m of 35 frftaen thousand (15,000) square foot tots; a maximum of 54 twelve thousand, to hundrxf (12,500) square foot tots; and a maxmum of 161 tern fusand (10,Mo) square foot cats. The proposed concept plan is ioeeted on the back side of this page. a I OPPOSE the request as descnbed In tine notice of pLMr, hearing. ,p/I DO NOT OPPOSE; the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): H(bKb A 90MES 9LVC-F— PISI NE N (please print) Nmocmcu qsf4380 l l7 t o Address ��auo i� 11 02-4 Date CAY, Slate, and Zip Code --- -6o rye &U0 itte-, f +L , t D4,\ . E4nallAddms Received Time Oct. 1. 2010 9:48AM No.0041 SEP-30-2010 16:39 1OSPER P1 WN OF Prosper is a place w/rere everyone mutters REPLY FORM P.01 DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346.3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1=6 acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF), LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300t feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. o I OPPOSE the request as described in the notice of public hearing. .W00' I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Tada�t Name (ple print) 4 U 8wjc.�,A r Address fYbslw. . T)C 47K0'79 City, State, and 2ip Code q-24--10 Date -err i-�c►.k Ga.r �Fr�.I 'Ik. h4 E-mail Address Received Time Sep.30, 2010 3:08PM No.0039 SEP-30-2010 16:40 P.03 iOSPER Pl WN OF Prosper is a place where everyone matters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P,O, Box 307 Prosper, TX 76078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018; The Town of Prosper has received a request to rezone 133.1t acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street. 2,300t feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. ra I OPPOSE the request as described in the notice of public hearing. �i DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY). - :SO" ML .4`AAnCh- Name (please print) Address %sat; Cyc nsm s City —and Zip Code ktl�a Si nature 412-91, A Date [%4'r PAAftTr.1! Q -1'kt , E-mail Address Received Time Sep.30. 2010 3:08PM No.0039 SEP-30-2010 16:40 P.02 P11SPER OWN OF Prosper is a place where everyone masters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 76078 Phone: 972-346-3602 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1± acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. o I OPPOSE the request as described in the notice of public hearing. oO' I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Name (please print) '/;?o Z)""� Address City, State, And Zip Cod Signature Date E-mail Address Received Time Sep.30. 2010 3:08PM No.0039 SEP-30-2010 16:40 ME 1OSPER p 1WN OF Prosper is tiplace where everyone matters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 76078 Phone; 972-346�602 Fax: 972.347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1:1: acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,DD0) square foot lots. The proposed concept plan is located on the back side of this page. ❑ I OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. f�er,It A 0 ,A V-1t 4 Name (please print) azz k-%e Its S Address 7SyZ8 City, State, and Tap Code Date rord�,a� �� .� 1% 44 E-mail Address Received Time Sep.30. 2010 3:08PM No.0039 SEP-30-2010 16:40 P.05 TOWN OF P1SPER Prosper it a place where everyone mutters REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 76078 Phone: 972-346-3502 Fax:972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1i acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots: a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. ❑ I OPPOSE the request as described in the notice of public hearing. 0,- 1 DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): M .,� M Ljt J Name (please print) s:X 1 Address City, Late, and Zip Code Signature ag 1� to Date e I OR ', �' - � m Received Time Sep.30. 2010 3:08PM No.0039 SEP-30-2010 16:40 P.06 1OSPER P1 WN OF Prosper is a place where everyone mutters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 76078 Phone! 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1=i= acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST; The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots: and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. ❑ I OPPOSE the request as described in the notice of public hearing. 1� I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (A�; ACH ADDITIONAL SHEETS IF NECESSARY): Name (please print) sar 4.,,DJ- D. &w,?x Address City, State, and Zip Code w nature I9�c� Date E-mail Address Received Time Sep.30, 2010 3:08PM No.0039 SEP-30-2010 16:40 P.07 Pl TOWN OF SPER Prosper Lv a place where everyone inalfers. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 76078 Phone: 972-346,b02 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.14: acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is boated on the back side of this page. ❑ I OPPOSE the request as described in the notice of public hearing. p� I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): �A h A 1 .�J ►� ailrho• is, It 6 Date 1�w k ewlt� er4mct ( 11COAA E-mail Addreh Received Time Sep.30, 2010 3:08PM No.0039 SEP-29-2010 12:41 tab ISPER OWN OF Prosper is a place where everyone mailers. REPLY FORM P.01 DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1:k acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY. The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 New thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. 0 1 OPPOSE the request as described in the notice of public hearing. K I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): (pleaseName print) Qnature Address Meh t,. N Pit oS PEe MAIL . Go E-mail Address Received Time Sep.29. 2010 11:10AM No.0037 SEP-29-2010 12:41 P.02 A. TOWN OF P1 SPER Prosper is a plerce where everyone mailers. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 78078 Phone: 972-346-3602 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1-+ acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300t feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lofts. The proposed concept plan is located on the back side of this page. ci I OPPOSE the request as described in the notice of public hearing. p' I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): bpix; . I &A Name (please print) DA. Address f).4('t k � x�rS City, State, and Zip Code WAR!", WE =�frje" 01610:1111 iNJ Date V4,Er wQ4<..,7 E-mail Address Received Time Sep.29. 2010 11:10AM No.0037 SEP-29-2010 12:42 P.03 WN OF Pros11SPER et REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1:6 acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots: a maximum of 54 twelve thousand, five hundred (12,500) square foot lots: and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. o I OPPOSE the request as described in the notice of public hearing. r" I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Name (please print) &Vfic40'" 4- -;;IV: .3070 Ltsev&t k -!)r, V4, Address leywrey, , -C�- 75d 7off City, State, and Zip Code '17 Sep 40/10 Date E-mail Address Received Time Sep.29. 2010 11:10AM No.0037 SEP-29-2010 12:42 NUE ISPER OWN OF Prosper is a place where everyone inallers. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 76078 Phone: 972-346-3902 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1t acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lofts. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. o I OPPOSE the request as described in the notice of public hearing. je I DO NOT OPPOSE the request as described in the notice of public hearing. ADDITIONAL SHEETS F NECESSARY): C� Name (please print) 4320 Address 2p5par4 U 5oZ0 City, State, bnd 06 Code Wa .c ..4 L_� 9��Jo Date 61? M!2 YX KP n-�-t. h az E-mail Address Received Time Sep.29. 2010 11:10AM No.0037 SEP-29-2010 12: 42 1OSPER P1 WN OF Prosper is a place where everyone matters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9008 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1:L acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300* feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. o I OPPOSE the request as described in the notice of public hearing. ar" I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): Atc T)eK(CA 4- Ki Ta—me(please"Signature 4611 Arckos Lr-N Address �Vt!2ngz City, State, Zp Code q.... - �a Date dm�Q!k FP �Cacorv% E-mail Address Received Time Sep.29. 2010 11:10AM No.0037 SEP-29-2010 12:42 IOSPER WN OF Prosper is a place where everyone matters REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone; 972-346-3502 Fax: 972-347-9006 SUBJECT; Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1.+ acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,300± feet west of Custer Road. DESCRIPTION OF THE REQUEST. The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots. The proposed concept plan is located on the back side of this page. o I OPPOSE the request as described in the notice of public hearing. 211 DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): OAN -TOLL ESaN Name (please print) P. a am, Address ^17 8) G City, StatsF, and Code Signature a lv Date E-mail Address Received Time Sep.29, 2010 11:10AM No.0037 SEP-29-2010 12:42 P.07 dft 1OSPER P1 WN OF Prosper is a place where everyone matters. REPLY FORM DEVELOPMENT SERVICES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0018: The Town of Prosper has received a request to rezone 133.1- acres from Planned Development-9 (PD-9) to Planned Development -Single Family (PD-SF). LOCATION OF SUBJECT PROPERTY: The property is located on the north side of First Street, 2,30a feet west of Custer Road. DESCRIPTION OF THE REQUEST: The Planned Development would allow for the development of 250 single family residential lots. The single family residential lots are proposed to consist of a minimum of 35 fifteen thousand (15,000) square foot lots; a maximum of 54 twelve thousand, five hundred (12,500) square foot lots; and a maximum of 161 ten thousand (10,000) square foot lots_ The proposed concept plan is located on the back side of this page. I OPPOSE the request as described in the notice of public hearing. woo' I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): 7-/1iJ'/tPP,O,r/J cof�� Name (please print) %Z G l ROCA Ay fiv/l n Alt Address (AP. , A , I x 7ro 7 City, State, and Zip Code gs-n' v - 21t'vk Signatu 9-.27- la Date 2 C r-.710VC P 7, E-mail Address Received Time Sep.29. 2010 11:10AM No.0037 PARKS & RECREATION Agenda Item No. 11 Prosper is a place where everyone matters. To: Mayor and Town Council From: Wade Harden, Senior Parks and Recreation Planner Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — October 26, 2010 Date: October 22, 2010 Agenda Item: Consider and act upon 1) a change order #2 to Jacobs Engineering, Inc. for Professional Design Services for the Community Park and 2) a resolution authorizing the Town Manager to execute the same. Description of Auenda Item: The Town Council approved change order #1 to Jacobs Engineering, Inc. in the amount of $156,000 during the September 28th Council meeting. The Council did not approve the $18,500 in professional services for the design of the Parks Division and Fire Department storage facility. At the Council's request Town staff is presenting options that could reduce the design cost of the structure. 1,200 S . Ft. Structure Desion Jacobs C/O Construction Landsca a/Irri . TOTAL Metal Building $ 5,500 $ 222,180 $ 4,220 $ 231,900 Metal Building w/ masonry veneer $ 5,500 $ 240,660 $ 4,220 $ 250,380 CMU Building w/ masonry veneer $ 18,500 $ 257,420 $ 4,220 $ 280,140 2,000 S . Ft. Structure Desion Jacobs C/O Construction Landsca a/Irri . TOTAL Metal Building $ 5,500 $ 254,520 $ 4,220 $ 264,240 Metal Building w/ masonry veneer $ 5,500 $ 245,940 $ 4,220 $ 255,660 CMU Building w/ masonry veneer $ 18,500 $ 267,063 $ 4,220 $ 289,783 Agenda Item No.11 - Page 1 of 2 The construction cost estimates provided by Core Construction include the following site improvements in addition to the structure: • Earthwork • Site Utilities • Perimeter Fencing & Gate • Concrete Flatwork • Building Foundation • Masonry Dumpster Enclosure • Restroom Facility • Plumbing • HVAC • Electrical Budget Impact: 2008 CO Bond Funds will be utilized for payment of the change order to Jacobs Engineering, Inc. Construction and landscaping of the maintenance facility to be funded from cost savings in the original $9.1 million construction contract with Core Construction. Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: 1. Site Plan 2. CBS-Xpress Metal Building Parks and Recreation Board Recommendation: At the September 23, 2010 PARBd meeting, the Board approved change order #1 to Jacobs Engineering, Inc. in the amount of $174,500. Town Staff Recommendation: Town staff recommends 1) approve change order #2 to Jacobs Engineering, Inc. in the amount of $5,500, 2) approve a resolution authorizing Town Manager to execute the same, and 3) direct Town staff to proceed with Core Construction for the construction of a 2,000 square foot metal building with a masonry veneer to include landscaping for a total estimated construction cost of $251,160. Agenda Item No.11 - Page 2 of 2 sWN case Prosper Sports Complex Maintenance Yard r c ner ea —Chain L Shrub 4" Cone; ESwdur Drywall HM Da Esbudw 4'xZx Over He Many Accessories to Choose From • Purlin and Canopy Roof Extensions • Gutters and Downspouts Factory Located Framed Openings • Interior Wall Liner Panel • Walkdoors up to 150 MPH • insulation • Windows • Vents • Light Transmitting Panel • Roof Jacks • Base Trim Options • Overhead Doors Exceptional Signature 200,, Color Options HAWAIIAN BLUE RUSTIC RED FERN GREEN BURNISHED SLATE KOKO BROWN i CHARCOAL GRAY ASH GRAY SADDLE TAN DESERT SAND POLAR WHITE All colors shown approximate actual colors. Final selection should be made from actual color chips. CRIMSON RED LIGHT STONE GALLERY BLUE NOTE: Codes and loads are jobsite specific and may be changed by local building officials Buyers must check and verify codes for the accuracy of each site. iSPER OWN OF Prosper is a place where everyone matters. To: From: Cc: Re: Date: Agenda Item: PARKS & RECREATION Agenda Item No. 12 Mayor and Town Council Wade Harden, Senior Parks and Recreation Planner Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Town Council Meeting — October 26, 2010 October 21, 2010 Consider and act upon 1) an award of bid to Identity Management Consultants, LLC. regarding construction services for the Park Sign Improvements project. 2) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: Eight bid proposals were received by Town staff for the Park Sign Improvement project on October 14, 2010. The project's base bid included the following signs — • Main Street Park (neighborhood park sign) • East First Street Trail Head Location (trail gateway monument) • Pecan Grove Park (neighborhood park sign) • Folsom Park (neighborhood park sign) • Town Lake (neighborhood park sign) • Whitley Place (neighborhood park sign) The bid also included the following four (4) alternates — • Alternate #1: Four street name signs located within the Prosper Trail median between the Dallas North Toll Road and Preston Road. • Alternate #2: Boyer Park (neighborhood park sign) • Alternate #3: Hays Park (neighborhood park sign) • Alternate #4: Estates & Mansions (mile marker signs) Attached to this staff report is the bid tabulation from the proposals received for your review. As you will see, DFW Stone Supply provided the lowest base bid of $63,225.97 and Identity Management provided the lowest bid when any of the alternates are considered. Agenda Item No. 12 - Page 1 of 2 In February 2009, the Town Council approved a professional services contract with Halff and Associates for the standardization of park signage. Based on input received from the Parks & Recreation Board (PARBd), the Prosper Visioning Committee, and Town staff, the decision was made by the Town Council at the November 11, 2009 Town Council Meeting to adopt a hierarchy of park signage with natural overtones, while retaining some contemporary aspects. The approved design incorporates native stone to Texas, core -ten steel, pin lettering, and an abstracted version of the Town's logo in a brushed aluminum plating. The hierarchy of signage includes signage for community parks, neighborhood parks, trailheads and trail mile markers. At the November 10, 2009 Town Council Meeting, Halff and Associates supplied the following construction cost estimates for the various hierarchy of signage: Community Park Sign $ 17,160.00 Neighborhood Park Sign $ 11,165.00 Trail Gateway Monument $ 14,850.00 Trail Mile Marker Sign $ 2,805.00 As depicted in the attached bid tabulations, the proposal received from Identity Management is slightly below the construction cost estimates shown above from Halff Associates last November. Budget Impact: Of the total $102,793.13, Park Improvement Funds will be utilized to fund the project's base bid, Alternate #2 and the 12% contingency ($89,552.17). Alternate #1 ($8,928.81) will utilized 2008 CO Bond Funds as part of the Prosper Trail Road Widening Project. Alternate #4 ($4,312.15) was bid for the Estates and Mansions development to facilitate their park improvement requirements. Western Rim will reimburse the Town this cost. Legal Oblivations and Review: The contract is a standard construction contract previously approved by the Town Attorney. No legal review of this request by the Town's attorney is required. Attached Documents: 1. Bid Tabulation 2. Park Sign Standards 3. Prosper Trail Median Signs Parks and Recreation Board Recommendation (PARBd): At the October 14, 2010 PARBd meeting, the Board recommended the Town Council award the Park Sign Improvement project bid to Identity Management, including alternates #1, #2, and #4 in the amount of $102,793.13, by a vote of 4-0. Staff Recommendation: Town staff recommends the Town Council 1) approve the bid to the lowest responsible bidder Identity Management including add alternates #1, #2, and #4 with a 12% contingency for a total of $102,793.13 and 2) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 12 - Page 2 of 2 PARK SIGN IMPROVEMENT TABULATION Bid Date: October 14, 2010 Proposals Received: 8 BASE BID ALTERNATE 14 Troll Mile Marker Sign ALTERNATE 2 Boyer Neighborhood Pork Sign ALTERNATE 3 Nays Neighborhood Pork Sign ALTERNATE 4 2 Trail Mlle Marker (Estates & Mansions) Bid Bond / Check BASE BID BASE BID + Al BASE BID + Al + A2 BASE BID + Al + A2 + A3 BASE BID + Al + A2 + A3 + A4 BASE BID + Al + A2 + A4 Core Construction DFW Stone Supply JDC Construction Co. Identity Management Parkscape Construction Quality Excavation Ratliff Hardscape SPSD 10625 N. County Rd. 4010 E. University Dr. P.O. Box 1201 218 E. Dallas Rd., Ste. 100 3316 Creek Ct. 5620 Hwy 377 1740 Midway Rd. 1108 107th St. Frisco, TX 75034 Prosper, TX 75078 Wylie, TX 75098 Grapevine, TX 76051 Keller, TX 76248 Aubrey, TX 76227 Lewisville, TX 75056 Arlington, TX 76011 $ 149,320.00 $ 63,225.97 $ 111,000.00 $ 67,592.18 $ 76,966.61 $ 83,500.00 $ 1D4,827.50 $ 73,550.00 $ 27,640.00 $ 21,507.68 $ 14,000.00 $ 8,928.81 $ 19,880.44 $ 18,400.00 $ 30,240.00 $ 18,660.00 $ 24,490.00 $ 11,381.77 $ 17,000.00 $ 10,946.44 $ 12,998.53 $ 15,300.00 $ 16,875.00 $ 11,060.00 $ 24,490.00 $ 11,381.77 $ 17,000.00 $ 10,863.10 $ 12,748.53 $ 15,300.00 $ 16,875.00 $ 10,970.00 $ 16,860.00 $ 10,753.84 $ 7,000.00 $ 4,312.15 $ 9,940.22 $ 9,200.00 $ 15,100.00 $ 9,330.00 Bond Cashier s Check Bond Band Bond Bond Bond Bond $ 149,320.00 $ 63,225.97 $ 111,000.00 $ 67,592.18 $ 76,966.61 $ 83,500.D0 $ 104,827.50 $ 73,550.00 $ 176,960.00 $ 84,733.65 $ 125,000.00 $ 76,520.99 $ 96,847.05 $ 101,900.00 $ 135,067.50 $ 92,210.00 $ 201,450.00 $ 96,115.42 $ 142,000.00 $ 87,467.43 $ 109,845.58 $ 117,200.00 $ 151,942.50 $ 103,270.00 $ 225,940.00 $ 107,497.19 $ 159,000.00 $ 98,330.53 $ 122,594.11 $ 132,500.00 $ 168,817.50 $ 114,140.00 $ 242,800.D0 $ 118,251.03 $ 166,000.00 $ 202,642.68 $ 132,534.33 $ 141,700.00 $ 183,917.50 $ 123,470.00 $ 91,779.58 $ 218,310.00 $ 106,869.26 $ 149,000.00 $ 119,785.80 $ 126,400.00 $ 167,042.50 $ 112,600.00 Recommendation is to award ID Management with Base Bid, Al, A2 & A4 and a 12% contingency = $ 102,793.13 PIN -MOUNTED BRUSHED ALUMINUM "WINDMILL" BRANDING 2'-0" -------------------- FRONT ELEVATION 02 NEIGHBORHOOD PARK ENTRY SIGNAGE SCALE: 8° THICK HOLLOW CORTEN STEEL 2" THICK STONE CAP, COLOR/STONE TYPE T.B.D. r HT. PIN -MOUNTED BRUSHED ALUMINUM TEXT RANDOM ASHLAR STONE PATTERN, t COLOR/STONE TYPE T.B.D. N CONCRETE FOOTING RECESSED 8" BELOW FINISHED GRADE Signage Details 04 TRAIL MILE MARKER SCALE: W THICK HOLLOW CORTEN STEEL PIN -MOUNTED BRUSHED ALUMINUM "WINDMILL" BRANDING Y THICK STONE CAP, COLOR/STONE TYPE T.B.D. 4" HT. PIN -MOUNTED BRUSHED ALUMINUM TEXT EACH SIDE RANDOM ASHLAR STONE PATTERN, COLOR/STONE TYPE T.B.D. CONCRETE FOOTING RECESSED 6" BELOW FINISHED GRADE Signage Details Lo 03 TRAIL GATEWAY MONUMENT sCA ,rr=T4r Signage Details ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council ENGINEERING Agenda Item No. 13 From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — October 26, 2010 Date: October 22, 2010 Agenda Item: Discuss and receive input on the Drainage Utility System Fee Development Report. Description of Agenda Item: On May 8, 2007, staff discussed with the Town Council several drainage issues ranging from existing drainage channels requiring minor maintenance to the need for major reconstruction projects to remedy the inadequacy of existing facilities. In order for the Town to address these issues, funds are needed to provide for the long term maintenance and improvements necessary to facilitate proper drainage utility systems. At that time a municipal drainage utility system fee was discussed as an alternative that is being used by many municipalities in the Metroplex to provide a funding mechanism to facilitate these types of construction projects. Prior to the Town adopting an ordinance establishing a municipal drainage utility system fee schedule, the Town had to first pass an ordinance declaring the drainage of the Town to be a public utility. On August 24, 2008, the Town Council adopted the ordinance declaring the drainage of the Town to be a public utility. After the adoption of the ordinance declaring the drainage of the Town to be a public utility, Town staff worked with the Town Attorney on creation of an ordinance to set a municipal drainage utility system fee schedule. The proposed fee schedule was discussed at the March 24, 2009, and April 14, 2009, Town Council Meetings. On April 14, 2009, the Town Council adopted an ordinance enabling the collection of a Drainage Utility System Fee that became effective on July 1, 2009. Starting November 1, 2009, Prosper Water Customers were charged a monthly Drainage Utility System Fee based on the following approved rate structure: Type of Development Parcel Sze Fees/Rates Single -Family Residential Tier 1 <10,000 $2.75 Tier 2 >10,000 $3.85 All Other Non -Exempt $0.056 per 100 sq ft of impervious area; the minimum fee shall be $2.75 per property; Property the maximum fee shall be $200 per property Agenda Item No. 13 - Page 1 of 4 The fee schedule is in line with the neighboring cities of Allen, Frisco, McKinney and Plano, where the rate of an average residential home is between $2.75 and $3.30. As for the non- residential rate, these cities range from $0.048 to $0.117 per 100 square feet of impervious area (IA). The following table summarizes the local area fee schedules: Type of Local Area Municipality Drainage Utility System Fee Schedule Comparison Development (Residential and Non -Residential Monthly Rates) Allen Frisco McKinney Plano Prosser Average Residential $2.75 $2.00 $2.75 $3.30 $2.75 Lame Residential $2.75 $3.85 $2.75 $4.25 $3.85 Non- $0.048 $0.057 $0.117 $0.056 + 10% IA $0.056 Residential Minimum: Minimum: Minimum: Minimum: Minimum: 10( 0 SF $18.72/mo none $2.75/mo $2.25/mo $2.75/mo IA/month) Maximum: Maximum: Maximum: Maximum: Maximum: $50.00/mo none $200.00/mo none $200.00/mo Once the proposed fee schedule was approved by the Town Council on April 14, 2009, Town staff began working with Freese and Nichols on the required Town wide impervious engineering study for the municipal drainage utility system to determine the amount of an ongoing drainage utility fee schedule. The title of this study is the Drainage Utility System Fee Development Report and is attached to this staff report for your review. Prior to the Town Council holding a Public Hearing to amend the existing ordinance to update the fee schedule, Town staff would like to receive input from the Town Council on the following: Exemptions: While the local government code requires certain properties to be exempted from the fees, others (churches, Town, and public schools) may be exempted if decided upon by the municipality. Mandatory exempted properties include undeveloped property, state property, and higher education property. The ordinance adopted on April 14, 2009, included exemptions for all mandatory properties and included churches, Town properties, public schools, and institutions of higher learning. In order to finalize the Drainage Utility System Development Fee Report, Town staff needs direction on whether or not to credit the following nonexempt types of developments. • Churches: The current estimated annual revenue generated: $6,700 • Senior Citizens: The estimated annual revenue generated by 158 homes: $3,500 Proposed Drainage Utility System Fee Rate based on Service Level: Service Level 1: Provides for basic drainage utility system services. A new staff position and regular maintenance expenses are included with this service level. Includes 33 percent of the total compensation for one superintendent and one laborer maintenance helper. The compensation for 33 percent for these two positions would be reduced from the current funding source (i.e., General Fund) and be burdened by the drainage utility. These staff positions are for existing staff and do not represent an increase in level of service or expenditure but merely a transfer of funding source. Includes 33 percent of the total compensation for one new position, the light equipment operator. The balance of the new staff member's compensation would need to be met by another existing funding source, such as the General Fund. Includes amortized costs of Agenda Item No. 13 - Page 2 of 4 $103,200 annually for a portion of the maintenance projects shown in Section 2 of the report. A general and administrative reimbursement to the General Fund of six percent of drainage utility revenues is provided to account for miscellaneous drainage utility system related staff time and expenses not already identified by line item in the budget but is attributed to the drainage utility system program. Also included is the accrual of the drainage utility system operating reserve at a rate of 15 days per year over a four-year period. Once the operating reserve reaches two months, the budget allocated to establishing the operating reserve will be reallocated to capital projects. Funding for minor capital improvements is not initially included in Service Level 1. However, when the operating reserve has been completely funded to the two month balance, the capital improvements budget would become approximately $7,000. The capital projects budget would increase by another approximately $7,000 once the cost of this study is reimbursed. The long-term resulting capital improvements budget would be approximately $14,000. Service Level 2: Includes all of the services listed in Service Level 1 plus an increased budget for maintenance work of $105,000 to account for all of the amortized annual costs shown in Section 2 of the report. Service Level 2 includes $100,000 annually for capital improvements. In four years when the operating reserve is completely funded to the two month balance, another $11,000 would be added to the capital improvements budget. The long-term resulting capital improvements budget would be approximately $111,000. Service Level 3: Includes all of the services shown in Service Level 2 plus capital improvement projects. The cost for capital improvement projects in Service Level 3 is $200,000 annually. This service level emphasizes the Town's desire to be proactive in its approach to drainage utility system services and less reactive to complaints about the drainage utility system. The capital improvements line item can be used to develop a drainage utility system master plan. The drainage utility system master plan is discussed in Section 2. The drainage utility system master plan would aid the Town in determining which capital projects to do first and the cost for each project. In four years when the operating reserve is completely funded to the two month balance, the capital improvements budget would increase by approximately $16,000. The long-term resulting capital improvements budget would be approximately $216,000. Proposed Drainage Utility System Fee Rate based on Service Level Property Parcel Size Existing Service Service Service Type (square feet) Rate Level 1 Level 2 Level 3 Residential <10,000 $2.75 $1.85 $3.06 $4.24 2:10,000 $3.85 $4.00 $6.59 $9.14 Non- Per 100 sq ft $0.056 $0.057 $0.096 $0.132 Residential impervious area Annual $173,200 $173,200 $285,600 $396,000 Revenue Prior to holding a Public Hearing at a future Town Council Meeting on an ordinance adopting the permanent drainage utility system fee, Town staff needs direction on which service level the Town Council wants to implement along with the corresponding fee schedule. Agenda Item No. 13 - Page 3 of 4 Budaet Impact: The revenue collected from this fee is intended to fund stormwater related activities and will continue to provide a funding source for much needed maintenance, repair, and construction of stormwater facilities. The amount of revenue collected depends on the Service Level selected from the Drainage Utility System Fee Development Report. Legal Oblinations and Review: N/A Attached Documents: The following documentation is being provided for review: • Drainage Utility System Fee Development Report Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council discuss and provide input on the Drainage Utility System Fee Development Report. Agenda Item No.13 - Page 4 of 4 Town of Prosper, Texas Drainage Utility System Fee Development Report October 2010 y P TOWN S PER. r FREESE i a1VICHOLS 1701 N. Market St. #500 Dallas, Texas 75202 214.217.2200 PRP06151 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. TABLE OF CONTENTS Town of Prosper 1. INTRODUCTION..............................................................................................................1-1 1.1. DESCRIPTION OF THE TOWN OF PROSPER....................................................................... 1-1 1.2. LEGAL BASIS AND LIMITATIONS OF A DRAINAGE UTILITY ............................................. 1-3 1.3. DRAINAGE UTILITY POLICY........................................................................................... 1-4 2. COST OF DRAINAGE UTILITY SYSTEM SERVICES .............................................. 2-1 2.1. COST OF SERVICE DEVELOPMENT CONSIDERATIONS..................................................... 2-1 2.2. COST OF SERVICE ASSUMPTIONS.................................................................................... 2-2 2.3. DRAINAGE UTILITY SYSTEM MAINTENANCE................................................................. 2-2 2.4. DRAINAGE UTILITY SYSTEM FEE REPORT...................................................................... 2-3 2.5. COMPREHENSIVE DRAINAGE UTILITY SYSTEM MASTER PLAN ...................................... 2-3 2.6 MAJOR MAINTENANCE AND CAPITAL IMPROVEMENTS.................................................. 2-5 2.7. ADMINISTRATION...........................................................................................................2-7 2.8. OPERATING RESERVE..................................................................................................... 2-8 3. REVENUE ASSESSMENT............................................................................................... 3-1 3.1. BASIS FOR FEE CALCULATION........................................................................................ 3-1 3.2. BILLING METHOD........................................................................................................... 3-1 3.3. PROPERTY EXEMPTIONS................................................................................................. 3-2 3.4. DETERMINATION OF PROPERTY IMPACT TO DRAINGE UTILITY SYSTEM ........................ 3-3 3.5. USER FEE CATEGORIES.................................................................................................. 3-6 3.6. EXEMPTIONS................................................................................................................ 3-10 3.7. DEBT SCHEDULE.......................................................................................................... 3-10 4. MENU OF SERVICES...................................................................................................... 4-1 5. FEE OPTIONS................................................................................................................... 5-1 5.1. SERVICE LEVEL 1........................................................................................................... 5-1 5.2. SERVICE LEVEL 2........................................................................................................... 5-2 5.3. SERVICE LEVEL 3........................................................................................................... 5-2 6. REFERENCES................................................................................................................... 6-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper LIST OF TABLES Table 2.1 Annual Cost Factors............................................................................................... 2-2 Table 2.2 Possible Drainage Utility System Maintenance Crew Positions ........................... 2-3 Table 2.3 Equipment and Significant Operations and Maintenance ...................................... 2-4 Table 2.4 Major Maintenance Needs and Capital Projects .................................................... 2-6 Table 2.5 Routine Maintenance Needs (5-Year Plan)........................................................... 2-7 Table 2.6 Operating Reserve per $10,000 of Operating Expenditures .................................. 2-8 Table 3.1 Residential Drainage Utility Properties................................................................. 3-4 Table 3.2 Adjusted Drainage Utility System Fee Rate.......................................................... 3-7 Table 3.3 Expected Revenue for Adjusted Rate Structure..................................................... 3-8 Table 3.4 Revenue Not Collected from Optional Exempted Properties..............................3-10 Table4.1 Staff........................................................................................................................ 4-1 Table4.2 Equipment..............................................................................................................4-2 Table 4.3 Administration Services.........................................................................................4-2 Table 4.4 Potential New Capital........................................................................................... 4-3 Table 5.1 Drainage Utility System Fee Rate.......................................................................... 5-3 Table 5.2 Drainage Utility System Management Program Expenses — Service Level 1....... 5-4 Table 5.3 Drainage Utility System Management Program Expenses — Service Level 2....... 5-5 Table 5.4 Drainage Utility System Management Program Expenses — Service Level 3....... 5-6 iii Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. LIST OF FIGURES Town of Prosper Figure 1.1 Town of Prosper Drainage Utility System Service Area ....................................... 1-2 Figure 3.1 Example of Impervious Area for Residential Property .......................................... 3-5 Figure 3.2 Example of Impervious Area for Non -Single Family Residential Property.......... 3-5 APPENDICES Appendix A Excerpts from December 2009 Site Visit of Flood -Prone Areas and Projects added September 2010 Appendix B Texas Municipal Drainage Utility Systems Act (Local Government Code Section 552, LGC 580.003) iv Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc - 1. INTRODUCTION Town of Prosper The Town of Prosper hired Freese and Nichols, Inc. (FNI) to assess the Town's current drainage utility system needs and to identify recommended updates to the existing drainage utility system fee. The assessment included a visual inspection of several areas within the Town that have flooding or potential flooding issues. FNI reviewed the current drainage utility system fee structure and rates and developed recommendations for the Town based on requirements of applicable State laws and the Town's identified drainage utility system needs. 1.1. Description of the Town of Prospers Prosper is located in western Collin County near Dallas North Tollway and Preston Road. Prosper encompasses roughly 20 square miles. The 2009 population estimate for the Town is 7,1001. Prosper is located in one of the fastest growing areas in North Texas. According to the Town's Business Plan, the population is expected to triple by the year 20172. Prosper was formed by the merging of Richland and Rock Hill in the early 1900s. The Town of Prosper was incorporated in 1914. At that time, the Town had a population of approximately 500 people, and the mayor served in his capacity for nearly 50 years.3 Today, Prosper has over 100 businesses and a growing population. Because of its convenient location in the Dallas -Fort Worth region, Prosper has become a prime choice for people moving to the area. 1-1 t: T, e" .. L L ? ".�.�r-_r "if, � "�4, '~fir �y.' �i ,7• _ _ :... •a� .. _- ._ f.� 1•+:' � � �� - .,� �, ; �s '�`y1. �r. -[';mow �.��, . r'' •.�:. fib, ! " ' ,�� ; - �•.�� aw..ri=��` �: �... - �� .'� -- - ..,' - ..L -.-+.'fir:-; :,•'" . _ --.- - Y 1 � �_! - - .e„�'�„� .terry �• 1� . _ _ ,11 Feet own of Prospern� Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 1.2. Legal Basis and Limitations of a Drainage Utility The State of Texas provides municipalities the opportunity to establish a drainage utility, which is a legal mechanism used to generate revenue to finance the Town's cost to provide and manage drainage utility services in the Town. The Texas Municipal Drainage Utility Systems Ace [Local Government Code Section 552.041, Subchapter C] authorizes cities in Texas to establish a municipal drainage utility system to "protect the public health and safety in municipalities from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from non -point source runoff within the boundaries of the established service area..." [LGC 552.042(3)]. To provide these services, municipalities are authorized to assess fees to users of the drainage utility system. The drainage utility system fee is a service fee and must be based on the projected cost of providing drainage utility system service within the Town's jurisdiction. Some drainage utility system related costs that are allowed by State law [LGC 552.044(2)] to be included in the development of the projected revenue needs for drainage utility system service include the following: • Property acquisition • Service fees (architectural, engineering, legal, surveys, maintenance, etc.) • Capital (equipment, machinery, furniture, facilities, etc.) • Funding and finance costs for construction projects • Debt service • Administration When developing the fee rate for users, classification of affected properties must be nondiscriminatory, equitable, and reasonable. Specific requirements and allowances to exempt certain property owners and property types, respectively, are established in the law. The statute [LGC 552.053(c)] and recent amendments [LGC 580.00315 specifically restrict certain types of property from paying a drainage utility system fee: • Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system [LGC 552.053(c)(1)] • Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the municipality in which the property is located for maintenance [LGC 552.053(c)(2)] 1-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc Town of Prosper • A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality in which the property is located [LGC 552.053(c)(3)] • A State agency or public institution of higher education [LGC 580.0031 The Town is also provided the opportunity to exempt certain properties from the drainage utility system fee without regard to the properties' impacts to the drainage utility system. The following property is allowed by law [LGC 552.053(a), (b), and (d)] to be exempted from the drainage utility system fee: • County property • Town property • School district property • Property owned by a tax-exempt religious institution Revisions to the Texas statutes [LGC 580.003] in June 2003 added State property to the list of required exemptions from the drainage utility system fee. This revision overrides the exemption status of State property shown in LGC 552.053(b) from optional to mandatory. Developed property owned by State agencies and public institutions of higher education are considered to be State property. The drainage utility service area consists of land areas that contribute overland flow into the watersheds in the municipality. The service area can not extend farther than the boundaries of the Town's extra -territorial jurisdiction (ETJ). 1.3. Drainage Utility Policy This drainage utility report was developed to assess the current drainage utility system needs to determine whether or not the existing drainage utility system fee is adequate to meet these needs. Prosper has a number of routine maintenance tasks to perform, such as creek debris clearing, inlet and pipe system cleanouts, and other limited drainage utility system activities that help to maintain the drainage utility system flow capacity needed to minimize flooding hazards. In addition, significant capital and management improvements to the overall drainage utility system are needed to protect existing and expected development and to meet new regulatory requirements. 1-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper The Town is one of many small municipalities potentially subject to new federal storm water quality regulations (Phase II MS4) that would require the Town to further protect and enhance water quality in creeks and lakes through the development of a storm water quality management program. As an operator of a small municipal separate storm sewer system (MS4), the Town would be required to develop a multi -faceted program to protect storm water quality before it enters creeks, rivers, and lakes. The program would include a number of measures to protect storm water quality, such as the following: • Drainage utility system maintenance • Structural and non-structural water quality protection measures • Drainage utility system mapping and inspections • Public education, outreach and involvement • Town ordinances regulating construction activity, illicit discharges, and post -construction runoff • Town staff training and operations improvements The purpose of this study is to identify a fair and equitable drainage utility system fee and fee structure to finance each of these activities and improvements, as well as associated administration, service, equipment and other drainage utility system related costs. The study strives to identify an appropriate fee based on the projected cost of providing drainage utility system services in the Town. To further protect rate payers from inequitable charges, a means to appeal the rates for any property is strongly recommended to be established. As stated above, exempted properties will not be required to pay drainage utility system fees. The following general goals and policies have been established for the Town's drainage utility. The goals provide a basis for the purpose and intended benefit of the drainage utility system for the Town of Prosper. • Serve as the primary stable source of new drainage utility system related funding, except for major capital projects, which will be funded through alternative means, such as bonds or grants. • Finance the following specific activities: • Administration of the drainage utility district • Activities to address localized flooding issues • Upgrades to the drainage utility system infrastructure 1-S Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper • Proactive maintenance for existing infrastructure • Equipment for maintenance of the drainage utility system • Drainage utility system staff • Capital improvements projects related to the drainage utility system • Implementation and maintenance of the Town's Phase II MS4 storm water management program to comply with new U.S. Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) regulations and permits, as applicable. • Finance other drainage utility system related activities • Encourage development in the Town that minimizes adverse drainage utility system impacts through better site design and proper management of the Town's drainage utility system resources • Provide a fair and equitable method to assess fees for developed properties' impacts to the Town's drainage utility system • Allow for the issuance of bonds to finance drainage utility system capital improvement projects 1-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper 2. COST OF DRAINAGE UTILITY SYSTEM SERVICES The drainage utility system fee is a common legal method to address a significant portion of the financial burden for drainage utility system management. Prosper has such a fee in place. The Town needed to determine if the existing schedule of fees was still appropriate, considering the cost of drainage utility system needs. This report summarizes our findings and recommendations regarding the existing drainage utility system fee. Discussion of the projected cost of each service follows. 2.1. Cost of Service Development Considerations Options were evaluated to determine an appropriate methodology for identifying the projected cost of providing drainage utility system service in the Town. It was determined that the following considerations would be incorporated into the assessment of the cost of drainage utility system services for the purpose of determining the revenues necessary for the drainage utility: • Identify expected drainage -related costs. This includes prorated costs for administration, equipment, and other expenses not dedicated to drainage activities. • Evaluate a five-year period for projecting cost of service needs. Cost projections beyond five years are inherently less reliable and may not provide the Town the quality information desired for planning purposes. • Establish and maintain a minimum of a two -month operating balance in the drainage utility fund to account for contingencies. • Identify prioritized drainage utility capital improvements from the Town's staff input. • Consider prorated costs for items not solely associated with the drainage utility system but that have an application for drainage utility system management. Examples include engineering staff, geographic information systems (GIS) analysts, and maintenance equipment. • Plan for drainage utility revenues to finance all direct operating costs and administrative costs for drainage utility system related activities, except for major capital projects. • Consider the impact of debt obligations to the drainage utility fee. • Address as much of the Town's drainage utility system related costs as practicable through the drainage utility fund. 2-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper 2.2. Cost of Service Assumptions For the purposes of the five-year plan, several assumptions were identified and incorporated in to the planning process. Specifically, anticipated annual cost increases were identified and developed into cost factors, as shown in Table 2.1. Table 2.1 Annual Cost Factors 2010 2011-2012 2013-2014 Expense Rate Inflation 3% 3% 3% General and Administrative 6% 6% 6% Reimbursement Rate Expense rate increases account for the increasing cost of personnel (labor and benefits), light equipment, and materials. The general and administrative (G&A) reimbursement rate is constant. At this time, no financed capital or debt is projected over the next five years. The G&A reimbursement rate is the percentage of annual drainage utility revenues that will be reimbursed to the general fund, not including one-time reimbursements for specific expenditures such as the cost of developing this drainage utility system fee development report. 2.3. Drainage Utility System Maintenance The Town of Prosper plans to establish a program to conduct routine operations and maintenance (O&M) activities throughout the drainage utility system to minimize flooding potential, reduce creek erosion, and protect storm water quality. The Town is considering budgeting through the drainage utility to partially fund a drainage utility system maintenance crew to conduct part-time drainage utility system operations and maintenance activities throughout the Town. A list of the possible drainage utility system maintenance crew positions, including salary and compensation with benefits for FY 2010, is provided in Table 2.2. The drainage utility system maintenance crew will assume responsibility for minor drainage utility system maintenance activities such as ditch cleanouts, inlet cleanouts, and drainage swale landscaping. In addition, the drainage utility system maintenance crew will complete larger maintenance activities and some small capital projects, within the crew's capabilities. These projects could include activities such as the installation of erosion control measures and driveway culverts in grass -lined roadside ditches. The anticipated equipment and maintenance 2-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper expenses for the drainage utility system maintenance crew are provided in Table 2.3. Rented equipment is assumed at four months per year. Table 2.2 Possible Drainage Utility System Maintenance Crew Positions Annual % Funding Drainage Labor Description Annual Compensation by Utility Cost Salary With Drainage ($/year) Benefits Utility Superintendent, Drainage $55,000 $74,300 33% $24,600 existing Crew Laborer Drainage Maintenance Help, Crew $25,000 $33,800 o 33/0 $11,200 existing Light Equipment Small Street $40,000 $54,000 33% $17,900 Operator Sweeper Project Engineer Engineering $95,000 $128,300 100% $128,300 Engineering Development $80,000 $108,000 100% $108,000 Technician Engineer Phase I1 MS4 Health $45,000 $60,800 100% $60,800 Coordinator Department Inspector Construction $49,000 $66,200 100% $66,200 Inspector ' Benefits include 30 percent for insurance, taxes, etc. plus 5 percent for the individual's materials and equipment. 2.4. Drainage Utility System Fee Report The consulting costs of the studies for the development of the drainage utility were funded through the drainage utility revenues collected since the implementation of the current drainage utility system fee in November 2009. The total cost of this study was $34,540. 2.5. Comprehensive Drainage Utility System Master Plan A comprehensive drainage utility system master plan is recommended to identify and develop a plan to address existing and future expected drainage issues. The drainage utility system master plan can be a powerful tool that helps define the direction of future development, the protection of natural resources, and the integration of public spaces such as parks in the Town. 2-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Table 2.3 Equipment and Significant Operations and Maintenance Town of Prosper Capital Annual Total Annual % Funding Drainage Service Equipment Value O&M Equipment & by Utility Cost Life (2010 $) (2010 $)* O&M Drainage ($/year) Payments Utility Contract for Small Street N/A $25,000 $1,000 $26,000 20% $5,200 Sweeper Crew Cab Pickup 7 $25,000 $4,900 $8,500 20% $1,700 Pesticide Applicator 7 $30,000 $1,000 $5,100 100% $5,100 Herbicide Applicator 7 $30,000 $1,000 $5,100 100% $5,100 Compact Track Loader 4 month $16,800 $1,00 $17,800 100% $17,800 (Rental) rental Backhoe (Rental) 4 month rental $5,200 $1,000 $6,200 100% $6,200 Dump Truck (Rental) 4 month rental $6,800 $1,000 $7,800 100% $7,800 Vacuum Truck (Rental) 4 month rental $9,700 $1,000 $10,700 100% $10,700 Grade -All (Rental) 4 month rental $26,600 $1,000 $27,600 100% $27,600 Crane (Rental) 4 month rental $14,000 $1,000 $15,000 100% $15,000 Articulated Wheel Loader 4 month $14,200 $1,000 $15,200 100% $15,200 (Rental) rental * For rented and contracted equipment, the O&M is the cost of the fuel to operate the machinery. Rented equipment cost only includes cost of equipment and fuel, not daily crew costs. 2-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Town staff indicated they would like to include a drainage utility system master plan in the drainage utility system fee. FNI developed a ballpark estimate of $500,000 to prepare a master plan. The estimate assumes $120,000 for studying projects outside the floodplain, $330,000 for studying projects inside the floodplain, and $50,000 for surveying. The actual cost may be higher or lower, depending on the level of detail that the Town chooses to include. 2.6 Major Maintenance and Capital Improvements In support of determining the cost of service for drainage utility system maintenance and capital improvements for the development of a drainage utility system fee, Freese and Nichols engineers and Town staff conducted a site visit on September 08, 2009. The purpose of the site visit was to view specific areas identified by Town staff that they had identified as flood -prone areas. These localized drainage concerns are summarized in Table 2.4. Table 2.5 lists the routine maintenance needs. Figure 1.1 shows the approximate location of each site. A preliminary conceptual analysis was performed for specific areas identified by Town staff. From discussions with the Town, the nature of each problem was determined. A conceptual solution to each problem was developed and then used to provide a conceptual cost range (in 2010 dollars) for each area. This cost range is based on a feasibility level analysis and should not be used outside the realm of the present drainage utility development. The costs are given in terms of the following ranges: • < $100,000 • $100,000 - $500,000 • $500,000 - $1 million • $1 million - $2 million • $2 million - $3 million To varying degrees, each of these projects serves to: • improve public safety, • minimize property damage, • protect water quality, • maintain natural settings, and • maintain and improve property values within the Town. 2-5 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper All solutions presented in this report are conceptual in nature. The proposed solutions were only used to provide a range of estimated construction costs for comparison purposes. Each location will require a detailed study by a licensed engineer that should consider other alternatives before a final solution can be determined. The detailed study would also include an updated cost estimate. For the capital improvements projects, the cost estimates range from less than $100,000 to $3 million. One operation and maintenance item was included in the visual review, which is estimated to have an annual cost of $5,000 to $10,000. Table 2.4 Major Maintenance Needs and Capital Projects Project Location Activity Projected Cost Detention pond in subdivision 1 Lakes of La Cima south of CR 78 and east of < $100,000 Highway 289 2* Teel Road Culvert upgrade $30,000 Subsurface drainage system. $2 million to $3 3 Parvin Street Downtown Area Channel realignment and million regrading. Channel improvements to 4 Amberwood Farms gated subdivision south of FM $100,000 to 1461 and east of Gentle Creek $500,000 Subdivision. Culvert improvements, $100,000 to 5 Highland Meadows southwest of FM 1461 and $500,000 Highway 80 intersection. Channel/pond improvements at 6 Gentle Creek the subdivision south of FM < $100,000 1461 across from CR 84. 7* Frontier Parkway Culvert rehabilitation $100,000 8* Talon Drive Culvert rehabilitation $50,000 * Project was not included in the site visit. Town staff provided the cost estimate. 2-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper Table 2.5 Routine Maintenance Needs (5-Year Plan) Project Location Activity Projected Amortized Annual Cost 9 Trails of Prosper Channel and bar ditch maintenance $10,000 10* Old Town Ditch work $20,000 l l * Lakes of Prosper Street drainage $10,000 12* First Street Street drainage $10,000 13* Prosper Trail Drainage at Wilson Creek $5,000 14* West Side Roads Street drainage $30,000 15* Whispering Farms Street drainage $20,000 * Project was not included in the site visit. Town staff provided the cost estimate. 2.7 Administration The drainage utility is classified as an enterprise fund. This type of fund is used to account for revenues from goods or services provided by the Town to the general public on a continuing basis. Enterprise funds are primarily financed through user fees. The successful operation of these funds requires the support and services of various Town departments, such as billing and customer service, to carry out regular functions. For this reason, the drainage utility budget includes a general and administrative (G&A) reimbursement cost in the overall cost of service to account for the rendering of these services. Revenue from the drainage utility fund will be used to reimburse the Town's general fund for drainage utility -system related administrative activities performed by individuals and departments not directly involved in drainage utility system management. Administrative costs incurred for drainage utility system related activities are determined as a percentage of the overall expenditures related to the drainage utility. The administrative reimbursement accounts for miscellaneous costs related to the drainage utility but not specifically itemized in the drainage utility budget. This includes time and effort of senior staffers, such as the Public Works Director, as well as staff from other departments, such as the Finance Director. The year-to-year 2-7 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper effort of these individuals related to the drainage utility cannot be projected but will be similar to other annual operating expenditures. 2.8 Operating Reserve Prosper intends to develop a two -month operating reserve for the drainage utility fund to account for contingency expenses. The operating reserve accumulates funds at a rate of one half month per year for the first four years of the drainage utility until reaching the operating reserve goal in FYE 2014. At that time, the fund balance will be managed to be maintained at approximately the projected costs of three months of continued operations. For the purpose of determining the proper operating reserve, operations expenses are considered to include annual expenses such as personnel, operations and maintenance costs, fuel, equipment repair, miscellaneous equipment, replacement fund deposits, and administration transfers to the general fund. Table 2.6 represents the four-year development of the operating reserve and depicts the project fund balance each year. Table 2.6 Operating Reserve per $10,000 of Operating Expenditures Description FYE 11 FYE 12 FYE 13 FYE 14 FYE 15 Balance (Days) 15 30 46 60 60 Annual Contribution ($) $416 $416 $416 $416 $0* Reserve Balance ($) $416 $832 $1,248 $1,664 $1,664 *Actual annual contributions are typically greater than zero to account for cost increases from system growth and inflation. 2-8 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc Town of Prosper 3. REVENUE ASSESSMENT 3.1. Basis for Fee Calculation By law, the drainage utility system fee rate must be set according to a basis that is directly related to storm water. As a result, fee rates cannot be based solely on certain readily accessible information, such as property values or water usage rates. The Town's drainage utility system rates are based on the amount of impervious area for each property. Impervious areas do not provide storm water significant opportunity for infiltration into the soil and may therefore result in increased storm water runoff to the municipal drainage utility system. Property improvements that are considered as impervious areas include buildings, paved parking lots, driveways, patios, and walkways. Gravel parking lots and driveways are also considered impervious area because of the low infiltration rate of storm water through their surface. Sidewalks within the Town easement were not included in individual property impervious area calculations. The potential storm water impacts of impervious area to the drainage utility system include the following: • Increased total volume of water required to be managed by the municipal drainage utility system resulting in flooding • Increased peak flows from storm events resulting in flooding • Increased flow velocities resulting in increased erosive actions in creek channels and adjacent properties • Increased pollutant loading resulting in degraded water quality Site -specific design and maintenance approaches may minimize one or more of these impacts. As noted in Section 5.2 (Appeals), the Town may determine to reduce the drainage utility system fee for a property by an equitable amount to account for the beneficial drainage utility system impact of design and/or maintenance approaches by a property owner. 3.2. Billing Method Fees for drainage utilities are collected in a variety of ways throughout the country, including as line -items on water bills, as yearly payments with property taxes, or as stand-alone bills. The 3-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper most common method to assess drainage utility charges is through the water utility bill, which is the method Prosper employs. As part of the water utility bill, the drainage utility system fee appears on the utility bill as a single line item with the monthly dollar amount for the property shown. One utility account is typically assessed a drainage utility system fee for each eligible property. For example, if a property has one water account for building water supply and a second water account for lawn irrigation, only one of these accounts is assessed a drainage utility system fee. Eligible improved property without a direct water account would still be assessed a drainage utility system fee. If the property can be directly linked to a property with a Town utility account, the fee for the improved property is included on the affiliated property's utility account. A common example is a restaurant with a parking lot located on an adjacent lot. A comment is entered into the utility billing database maintained by the Town noting the inclusion of additional property in the drainage utility system fee for a property, as appropriate. If no existing utility account can be associated with the improved property, a new utility account is established by the Town for the purpose of assessing the drainage utility system fee. 3.3. Property Exemptions Exemptions Mandated by State Law State law [LGC 552, LGC 580] requires mandatory exemptions from the drainage utility system fee for certain properties as described in Section 1.2. Any property within the Town limits that meets one or more of the criteria for the mandatory exemptions cannot be assessed a drainage utility system fee. If circumstances for the property change such that no mandatory exemption is met, then the property will be assessed an appropriate drainage utility system fee from that point forward. Exemptions Allowed by State Law The State Code provides the Town the option to exempt specific properties from the drainage utility system fee for non -storm water -related reasons. These additional exemption options are as follows: 3-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper • Counties [LGC 552.053(b)(2)] • Municipalities [LGC 552.053(b)(3)] • School districts [LGC 552.053(b)(4)] • Property owned by a tax-exempt religious organization [LGC 552.053(d)] For the purpose of this study, County property, Town property, churches, school disctirct property and property owned by the State are exempted from paying the drainage system utility fee. Other Exemptions Texas law does not have provisions to allow for exemptions from the drainage utility system fee for any non -storm system related basis not specifically identified above. However, many cities consider, and often adopt, exemptions for categories of the community not specified in LGC 552. Common non -specified exemptions include: • Senior citizens • Military veterans • Disabled • Low income • Federally owned properties • Properties without water, sewer, and/or trash service (i.e., no existing utility account) • Businesses This report does not evaluate the revenue impact of exempting properties on a non -specified basis, such as those listed above. The Town of Prosper is sensitive to the financial situation of its senior citizens and is considering allowing senior citizens the ability to apply for a credit equal to the rate of the drainage utility system fee to be applied to the assessed fee. If this exemption is included in the adopted ordinance, a senior citizen who wants to receive the credit must contact the Billing Department to apply for the credit. 3.4. Determination of Property Impact to Drainage Utility System By State law, undeveloped properties cannot be charged a drainage utility system fee in Texas. Developed properties with impervious area increase the rate and/or volume of storm water runoff to the municipal drainage utility system. Infrastructure improvements, ongoing maintenance, 3-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper inspections, and evaluations are necessary to properly manage the increase in storm water discharge from impervious area. Impervious area includes rooftops, paved parking lots, paved driveways, walkways, out buildings, and patios. It does not include vegetated areas, gravel drives, or swimming pools. To determine the impact of each developed property to the drainage utility system, a determination of the impervious area was made. The Town contracted with the City of Frisco GIS Department to identify impervious area for each non -single family residential property in the Town. The impervious area amount is associated with the specific parcel or group of parcels for the development. The parcel is associated with the appropriate utility billing accounts to allow for assessment of the proper drainage utility system fee if implemented. Freese and Nichols evaluated a representative number of single family residential properties to determine the average impervious area for these properties. A selection of residential properties with parcel areas greater than and less than 10,000 square feet was evaluated. The resulting average impervious area for Tier 1 residential properties (<10,000 square feet parcel area) was identified as the equivalent residential unit (ERU) and is the basis for the fee for all developed properties. One ERU was determined to be 3,200 square feet impervious area. Tier 2 residential properties (>I0,000 square feet parcel area) were determined to have an average impervious area of 7,000 square feet, which equates to 2.17 ERUs. An ERU charge of $1.00 is equivalent to $0.031 per 100 square feet impervious area, which is the unit basis for non -single family residential property charges. Figure 3.1 is an example of the impervious area determination for a residential property, and Figure 3.2 is an example for a non -single family residential property. Table 3.1 shows the breakdown of residential impervious area within the Town. Table 3.1 Residential Drainage Utility Properties Average ° �O °f Estimated % of Category Impervious property Residential Residential Area (IA, A) Count properties Impervious Area (IA) Residential Tier 1 3,200 442 15% 31 % Residential Tier 2 7,000 2400 85% 69% 3-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Figure 3.1 Example of Impervious Area for Residential Property Total Impervious Area: 3,20OA? �Residential,A,verage) Ajk Noah Figure 3.2 Example of Impervious Area for Non -Single Family Residential Property 3-5 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. 3.5. User Fee Categories Town of Prosper The drainage utility system fee consists of several types of user accounts depending on the type of property and the category of property owner. The drainage utility system fee rate structure is based on the type of user account. The three general account categories include: 0 Single Family Residential (includes duplexes) 0 Non -Single Family Residential (includes apartments) • Exempt Single -Family Residential Accounts Single-family residential accounts consist of all developed single family residential properties within the Town. Apartment complexes are considered to be non-residential accounts for fee determination purposes. At the time of the initial development of this drainage utility system fee study, 2830 eligible residential properties were present, based on available GIS parcel data. The residential properties account for approximately 60% of total impervious area measured for the Town in this drainage utility system fee report. Tiered residential rates are considered for the assessment for the residential fees. This approach is common throughout Texas. Tiered residential rates are considered to be fair and generally equitable. Each unit of a multi -family dwelling up to a fourplex is considered to be a Tier 1 account. Multi -family properties with more than four units are treated as non -single family residential accounts, as described below. Impervious area includes the footprint of the residence, including roof overhangs, driveways, walkways, patios, sheds, carports, and other impervious surfaces. It does not include the sidewalk within the Town easement (if present), public streets, or swimming pools. Non -Single Family Residential Accounts Non-residential accounts include commercial, apartment, school, and tax-exempt religious institution properties. Other developed properties in the Town that do not qualify as single- family residential and do not meet any of the exemption criteria are also considered non- residential. 3-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Drainage utility system fees for eligible non-residential accounts are individually calculated based on the total amount of impervious area for the affiliated properties. Each non-residential property is assessed a drainage utility system fee at a rate according to the drainage utility rate unit charge, expressed in dollars per 100 square feet of impervious area per month (currently $0.056/100 sq.ft. impervious area / month) with a minimum charge of $2.75 and a maximum charge of $200. At the time of this study, $50,823 annual revenue is projected from non -single family residential accounts at the current rate of 5.6 cents per 100 square feet impervious area. FNI has analyzed a representative sample of residential properties to determine average impervious areas for parcels with less than 10,000 square feet in size and those equal to or greater than 10,000 square feet in size. In keeping with State law, the drainage utility system fee rate structure must be established with a proportional impact to all categories being assessed the fee. FNI recommends the adjusted rates as shown in Table 3.2 for proper proportionality of fees. Residential Tier 1 is currently assessed a fee that was too high in comparison to the other categories. The expected annual revenue remains the same. However, if a senior citizen credit is applied, the annual revenue with decrease from $176,700 to $173,200 assuming 100 percent participation. Table 3.3 summarizes the expected revenue based on the adjusted fee structure. The current rate structure has capped the non-residential rates at $200 per month per property. This cap currently impacts a handful of properties — those with parcels larger than 357,000 square feet impervious area. The $200 non-residential cap is also being applied to apartments, representing an additional $2,784 that is not being collected. Table 3.2 Adjusted Drainage Utility System Fee Rate Current Adjusted Adjusted Category Monthly Current Rate Monthly Rate g �' Utility ($/100 sf lA) Utility ($/100 sf IA) Fee Fee Residential Tier 1 $2.75 $0.086 $1.85 $0.057 Residential Tier 2 $3.85 $0.055 $4.00 $0.057 Non -Residential $0.056 / 100 sf $0.056 $0.057 / $0.057 IA 100 sf IA 3-7 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 3.3 Expected Revenue for Adjusted Rate Structure Category Total Impervious Area (sf) Monthly Drainage Utility Rate Total Annual Revenue Residential Tier 1 * 1,420,146 $1.85 $6,300 Residential Tier 2 16,766,400 $4.00 $115,200 Apartments 986,388 $0.057 per 100 SF 1A $6,700 Churches 974,327 Exempt $0 Commercial Properties 6,437,413 $0.057 per 100 SF 1A $44,000 Farms 0 $0.057 per 100 SF 1A $0 Federal Facilities 0 $0.057 per 100 SF 1A $0 HOAs 139,170 $0.057 per 100 SF IA $1,000 Schools 3,501,194 Exempt $0 Town Property 198,494 Exempt $0 Total 30,423,532 $173,200 * Assumes credit has been applied to all current 158 senior citizen accounts. Utility Account Mana eg ment Each non-exempt property must be assessed a drainage utility system fee and will require a utility account. It is recommended to assess the drainage utility system fee on a single account per property, as feasible to minimize the Town's administrative burden. Duplicate utility billing accounts for a property are not typically assessed a drainage utility system fee unless the total drainage utility system fee is apportioned across multiple accounts. For administrative reasons, associating the drainage utility system fee to a single account per property is recommended. Many commercial properties have two utility accounts — one primary account and one irrigation account. Assigning the drainage utility system fee to the primary account is typically straightforward; however it is recommended that a notation be added to the uncharged utility account to note that the drainage utility system fee for the property is assessed on an alternative account for the same property. 3-8 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Strip shopping centers and apartment complexes typically have numerous accounts. A common utility account scenario for these types of properties is to have one account for each business or apartment building, respectively, as well as a management account and/or an irrigation account. Assigning the drainage utility system fee to the management or irrigation account is recommended to allow the property management to determine the appropriate approach to assess the drainage utility system fee to individual tenants. Some properties have no active utility account. Examples of such properties include those on well water, those within Town limits but provided service by other providers, and properties such as parking lots that have no need for a water account. For these developed properties, a new utility account will typically need to be created specifically to assess the drainage utility system fee. Accounts in an exempt category are not assessed a drainage utility system fee. A variety of circumstances can lead to a utility account and/or a property being exempt. A property meeting any of the mandatory exemptions or the Town's selected optional exemptions are considered exempt. The associated utility accounts for these properties are categorized in the exempt classification. If no utility account exists for an eligible property, a utility account will be created for the purpose of assessing the drainage utility system fee to the property owner. Properties are not eligible to be exempted from the drainage utility system fee for the reason of having no water, sewer, or waste disposal service with the Town. The Town's utility bill serves an efficient method to assess the drainage utility system fee. The Town may determine that it is more efficient to assess drainage utility system fees for some developed properties as a group. For example, a property that extends across multiple parcels may be assessed a single drainage utility system fee, but clarifying notes in the utility billing database are recommended to identify the parcels that are aggregated to assess the single fee. 3-9 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. 3.6. Exemptions Town of Prosper Eligible properties that the Town has exempted include school districts, Town -owned properties, and churches. Mandatory exemptions include undeveloped properties, county properties, and state owned properties. Table 3.4 summarizes the revenue that the Town is not collecting from the properties it has elected to exempt. Table 3.4 Revenue Not Collected from Optional Exempted Properties Category Impervious Monthly Drainage Annual Area (sf) Utility Rate Revenue Senior Citizens* 507,654 $1.85 $3,500 Churches 974,327 $0.057 per 100 SF IA $6,700 Schools 3,501,194 $0.057 per 100 SF IA $23,900 Town Property 198,494 $0.057 per 100 SF IA $1,400 Total 30,423,532 $35,500 * Senior citizens are not exempted from the Drainage Utility System Fee. The amount shown assumes all current 158 senior citizen accounts applied for credit. Estimated annual revenue was based on senior citizens occupying residences in Residential Tier 1. 3.7. Debt Schedule Drainage utility revenues provide the Town with an opportunity to issue debt for larger capital improvement projects. The Town has no plans to issue debt based on drainage utility revenues within the next five years. FNI recommends that the Town review the five-year drainage utility plan annually. The Town's approach towards the issuance of debt for the drainage utility should also be reviewed annually. Issuance of certificates of obligation is typically preferred for drainage utility bonds because revenue bonds result in higher interest rates and lower available debt values. Revenue bonds require revenue stream trend data. No trend data currently exists for the drainage utility program. Additionally, revenue bonds have higher interest costs and have a higher level of required reserves. 3-10 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc 4. MENU OF SERVICES Town of Prosper This section of the report presents staff, equipment, services and projects that Prosper might consider including in its drainage utility system program. Each new service or piece of equipment has an associated cost. Thus, the expansion of the drainage utility system program will depend on the amount of increase to the fee that the Town is willing to accept. Tables 4.1 through 4.4 describe the impact each of the options will have on the drainage utility system fee. The tables include information for the percent of labor, equipment and capital improvements attributed to the drainage utility as described in Section 2 of this report. Revenue generated from the drainage utility system fee will increase as the population increases. The revenue generated from the population growth will provide additional funds needed for drainage services in the foreseeable future. All rates are based on the recommended adjusted fee structure presented in Section 3 of this report. Table 4.1 Staff Percent Non - Funded Tier 1 Tier 2 Residential Labor by Residential Residential sf Drainage ($/mo.) ($/mo.) k/m LA/m o.) Utility Superintendent, 33% _ $0.27 $0.57 $0.009 Laborer Maintenance 33% $0.12 $0.26 $0.004 Help, existing Light Equipment 33% $0.19 $0.41 $0.006 Operator Project Engineer 100% $1.37 $2.96 $0.036 Engineering 100% $1.15 $2.49 $0.036 Technician Phase II MS4 100% $0.65 $1.40 $0.020 Coordinator Inspector 100% $0.71 $1.53 $0.022 4-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 4.2 Equipment Percent Tier 1 Tier 2 Non - Equipment Funded by Residential Residential Residential Drainage ($/mo.) ($/mo.) ($/100 sf Utility IA/mo.) Small Street Sweeper 20% $0.06 $0.12 $0.002 Crew Cab Pickup - Drainage 20% $0.02 $0.04 $0.0005 Crew Pesticide Applicator 100% $0.05 $0.12 $0.002 Herbicide Applicator 100% $0.05 $0.12 $0.002 Compact Track Loader 100% $0.19 $0.41 $0.006 (Rental) Backhoe (Rental) 100% $0.07 $0.14 $0.002 Dump Truck (Rental) 100% $0.08 $0.18 $0.003 Vacuum Truck (Rental) 100% $0.11 $0.25 $0.004 Grade -All (Rental) 100% $0.29 $0.64 $0.009 Crane (Rental) 100% $0.16 $0.35 $0.005 Articulated Wheel Loader 100% $0.16 $0.35 $0.005 (Rental) Note: All rental rates assume four month rental fee per year. Table 4.3 Administration Services Tier 1 Tier 2 Non -Residential Category Residential ($/mo.) Residential ($/mo.) ($/100 sf U/mo.) Administration $0.11 $0.24 $0.003 Reimbursement Operating Reserve* $0.08 $0.17 $0.002 Total $0.19 $0.41 $0.005 4-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 4.4 Potential New Capital Tier 1 Tier 2 Non - Capital Residential Residential Residential ($/100 sf ($/mo.) ($/mo.) IA/mo.) Capital Improvements Projects (CIP) per $1.07 $2.31 $0.033 $100,000 Total $1.07 $2.31 $0.033 4-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper 5. FEE OPTIONS Table 5.1 presents three options for the Town to consider in determining its level of drainage utility system service. The options were developed based on input from Town staff. Tables 5.2 through 5.4 provide more details of what each level of service would include. Table 5.2 provides an example breakdown of services at the existing level of funding plus one additional staff member and partial funding of existing maintenance projects. Table 5.3 takes the existing level of service, completely funds the existing maintenance projects and adds capital improvements projects (CIP). Table 5.4 includes the services provided in Service Level 2 plus additional capital improvements projects and the drainage utility system master plan. 5.1. Service Level 1 Service Level 1 provides for basic drainage utility system services. A new staff position and regular maintenance expenses are included with this service level. Service Level 1 specifically includes 33 percent of the total compensation for one superintendent and one laborer maintenance helper. The compensation for 33 percent for these two positions would be reduced from the current funding source (i.e., General Fund) and be burdened by the drainage utility. These staff positions are for existing staff and do not represent an increase in level of service or expenditure but merely a transfer of funding source. Service Level 1 includes 33 percent of the total compensation for one new position, the light equipment operator. The balance of the new staff member's compensation would need to be met by another existing funding source, such as the General Fund. Service Level 1 includes amortized costs of $103,200 annually for a portion of the maintenance projects shown in Section 2 of this report. The Town staff identified these projects as regularly recurring maintenance issues that can be addressed with the drainage utility system fee. A general and administrative reimbursement to the General Fund of six percent of drainage utility revenues is provided to account for miscellaneous drainage utility system related staff time and expenses not already identified by line item in the budget but is attributed to the S-1 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Ina Town of Prosper drainage utility system program. Examples include effort by the utility billing administrator, Town Manager effort, billing expenses, and other related items. Town staff instructed FNI to include a two month operating reserve. The drainage utility system operating reserve will accrue at a rate of 15 days per year over a four-year period. Once the operating reserve reaches two months, the budget allocated to establishing the operating reserve will be reallocated to capital projects. Funding for minor capital improvements is not initially included in Service Level 1. However, when the operating reserve has been completely funded to the two month balance, the capital improvements budget would become approximately $7,000. 5.2. Service Level 2 Service Level 2 includes all of the services listed in Service Level 1 plus an increased budget for maintenance work to account for all of the amortized annual costs shown in Section 2 of this report. Service Level 2 includes $100,000 annually for capital improvements. In four years when the operating reserve is completely funded to the two month balance, another $11,000 would be added to the capital improvements budget. The long-term resulting capital improvements budget would be approximately $111,000. 5.3. Service Level 3 Service Level 3 includes all of the services shown in Service Level 2 plus capital improvement projects. The cost for capital improvement projects in Service Level 3 is $200,000 annually. This service level emphasizes the Town's desire to be proactive in its approach to drainage utility system services and less reactive to complaints about the drainage utility system. The capital improvements line item can be used to develop a drainage utility system master plan. The drainage utility system master plan is discussed in Section 2. The drainage utility system master plan would aid the Town in determining which capital projects to do first and the cost for each project. In four years when the operating reserve is completely funded to the two month balance, the capital improvements budget would increase by approximately $16,000. The long-term resulting S-2 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper capital improvements budget would be approximately $216,000. The details of Service Level 3 are shown in Table 5.4. Table 5.1 Drainage Utility System Fee Rate Property Parcel Size Existing Service Service Service Type (square feet) Rate Level 1 Level 2 Level 3 <10,000 $2.75 $1.85 $3.06 $4.24 Residential >10,000 $3.85 $4.00 $6.59 $9.14 Non- Per 100 sq ft $0.056 $0.057 $0.096 $0.132 Residential impervious area Annual $173,200 $173,200 $285,600 $396,000 Revenue 5-3 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 5.2 Drainage Utility System Management Program Expenses — Service Level 1 FYE 10 Non - Cost Cost Tier 1 Rate Tier 2 Rate Residential Rate Superintendent, $24,600 $0.27 $0.57 $0.009 existing (33%) Laborer Maintenance $11,200 $0.12 $0.26 $0.004 Help, existing (33%) Light Equipment Operator, new $17,900 $0.19 $0.41 $0.006 (33%) Maintenance $103,200 $1.10 $2.38 $0.033 G&A $9,800 $0.10 $0.23 $0.003 Reimbursements Operating Reserve $6,500 $0.07 $0.15 $0.002 Contribution Total $173,200 $1.85 $4.00 $0.057 5-4 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 5.3 Drainage Utility System Management Program Expenses — Service Level 2 FYE 10 Non - Cost Cost Tier 1 Rate Tier 2 Rate Residential Rate Superintendent, $24,600 $0.27 $0.57 $0.009 existing (33%) Laborer Maintenance $11,200 $0.12 $0.26 $0.004 Help, existing (33%) Light Equipment Operator, new $17,900 $0.19 $0.41 $0.006 (33%) Maintenance $105,000 $1.12 $2.42 $0.035 CIP Projects $100,000 $1.07 $2.31 $0.033 G&A Reimbursements $15,500 $0.17 $0.36 $0.005 Operating Reserve $11,400 $0.12 $0.26 $0.004 Contribution Total $285,600 $3.06 $6.59 $0.096 S-S Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper Table 5.4 Drainage Utility System Management Program Expenses — Service Level 3 FYE 10 Non - Cost Cost Tier 1 Rate Tier 2 Rate Residential Rate Superintendent, $24,600 $0.27 $0.57 $0.009 existing (33%) Laborer Maintenance $11,200 $0.12 $0.26 $0.004 Help, existing (33%) Light Equipment Operator, new $17,900 $0.19 $0.41 $0.006 (33%) Maintenance $105,000 $1.12 $2.42 $0.035 CIP Projects including Drainage Utility $200,000 $2.14 $4.62 $0.066 System Master Plan G&A $21,500 $0.23 $0.50 $0.007 Reimbursements Operating Reserve $15,800 $0.17 $0.36 $0.005 Contribution Total $396,000 $4.24 $9.14 $0.132 The Town can use the data provided in this report to explore potential adjustments to the various service levels and fee structures. FNI recommends that Prosper select a service level that will provide the funds necessary to: • finance equipment, labor, and materials needed for the continued operations and maintenance of the drainage utility system; • achieve minimum compliance with Phase II MS4 storm water regulations once applicable; • conduct engineering studies to address local drainage utility system problems; and • begin small scale capital improvements to remedy known existing structural issues. S-6 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc. Town of Prosper The information provided in this report presents a framework for the Town to use in developing its drainage utility system master plan. FNI recommends that the Town develop a drainage utility system master plan that spans the next several years in order to establish a steady drainage utility system fee rate. FNI recommends that the Town review the drainage utility system fee rates in several years to consider any changes that the Town might want to incorporate in the drainage utility system fee rate. Potential changes might include increased costs for equipment, additional CIP projects that may be needed, and others. S-7 Drainage Utility System Fee Development Report Prepared by Freese and Nichols, Inc 6. REFERENCES Town of Prosper 1 North Central Texas Council of Governments, population estimate for Prosper from URL: http://www.nctcog_org/ris/demogrraphics/population/2009PopEstimates.pdf downloaded September 21, 2009. 2 Prosper Business Plan population projections provided by Town of Prosper on September 21, 2009. 3 Background Information on Prosper from URL: hqp://www.prospertx.orgfflistoEy.aspx downloaded November 21, 2009. 4 Texas Local Government Code, Texas Statutes, Subchapter C. Municipal Drainage Utility Systems, Sections 552.041 through 552.054, updated April 1, 2009, downloaded from URL http://codes.1p.findlaw.comttxstatutes/LG/13/A/552/C on November 23, 2009. Texas Local Government Code, Texas Statutes, Exemptions of State Property from Infrastructure Fees, Section 580.003, updated April 1, 2009, downloaded from URL http://codes.1p.findlaw.com/txstatutes/LG/13/C/580/580.003 on November 23, 2009. 6-1 APPENDIX A EXCERPTS FROM DECEMBER 2009 SITE VISIT OF FLOOD -PRONE AREAS AND PROJECTS ADDED SEPTEMBER 2010 PROJECT: Project No. 1— Lakes of La Cima PROBLEM AREA: Detention pond in subdivision south of CR 78 and east of Highway 289 PROJECT TYPE: C.I.P. (SEE NEXT SHEET FOR PROJECT AREA MAP: COST RANGE: < $100,000 Figure 1-A) PROBLEM Town staff identified several drainage improvements within the Lakes of La Cima subdivision associated with Parvin Branch DESCRIPTION: Tributary 3, which conveys flow from a northerly to southerly direction in parallel to the orientation of La Cima Boulevard. The subdivision also contains a detention pond that is connected to the aforementioned tributary. The Town currently has a maintenance agreement with the subdivision, whereby the Town agrees to subsidize a portion of the maintenance costs associated with the drainage channels that run within the limits of the subdivision. One such channel is an existing grass swale that runs along the west side of the detention pond, conveying flow from north to south, towards the spillway, where it joins with Parvin Branch Tributary downstream. The local drainage channel, located west of the detention pond, flows within close proximity to the spillway and shows indications of erosive velocities that appear to be causing damage to the structural foundation of the spillway. The structural failure at the spillway has resulted in an accumulation of concrete and rock debris, effectively blocking the conveyance of the adjoining local channel and the tributary and is causing backups in the stormwater system. PROPOSED Replace the roadway and drainage structures with a solution that offers increased conveyance capacity and erosion protection. IMPROVEMENTS: Regrade approximately 200 LF of channel at the downstream end of the channel to repair the current erosive damages. Consider additional erosion protection measures and/or velocity reduction approaches as part of the improvements. Figure 1-13: Channel west of pond (US) Figure 1-13: Grass swale & tributary junction(DS) Figure 1-C: Spillway structural failure Figure 1-D: Debris from spillway failure (DS) Capital Improvements Assessment, November 17, 2009 Town of Prosper Page 1 For Information Purposes Only Figure 1-A: La Cima Subdivsion Capital Improvements Assessment, November 17, 2009 Page 2 Town of Prosper For Information Purposes Only PROJECT: Project No. 2 — Teel Road PROBLEM AREA: Culvert Upgrade (Town staff added project September 2010. Project was not included in the site visit.) PROJECT TYPE: C.I.P. COST RANGE: $30,000 (provided by Town staff) September 2010 Page 3 Town of Prosper For Information Purposes Only PROJECT: Project No. 3 — Parvin Street Downtown Area PROBLEM AREA: Downtown Parvin St. PROJECT TYPE: C.I.P. COST RANGE: $2 million to $3 million (SEE NEXT SHEET FOR PROJECT AREA MAP: Figure 3-A) PROBLEM Town Staff identified capacity issues associated with the surface drainage system for the Parvin Street downtown area. Staff DESCRIPTION: indicated that structural flooding and road overtopping likely occur within the area, with the most prevalent issues being associated with the channelized flows that occur within the backyards of the residences. Staff cited a channel and bar ditch system that begins at the intersection of Parvin and 2°d Street where a natural channel flows northward, crosses Broadway through two 24" pipes, then outfalls to an open channel in the northwest direction. The channel meanders north across the backyards of several properties for approximately 650 linear feet. The channel then crosses Church Street through a culvert crossing and outfalls into a bar ditch system along 7`h Street. The flow splits going either west along the 7`h Street bar ditch or northward across 7`h Street, where the channelized flow moves west through an open channel behind the homes on the north side of 7`h Street. A culvert crossing conveys the flow from the Parvin Street drainage area across Coleman Street and heads west along an open channel on the north side of the mobile home park. The channelized path between Broadway and 7`h Street is located within an overhead electric power easement. PROPOSED FNI qualitatively evaluated the drainage system and exercised engineering judgment to determine an initial assessment of the Parvin IMPROVEMENTS: Street downtown drainage system. Considering the project area's central location to the town center and the amount of development, FNI determined that a subsurface drainage system with a series of open channels would be a practical solution to the flooding issues in the basin. Outlined in Figure 1-A are the proposed improvements, which involve replacing the existing bar ditch system with a pipe system, grading improvements to the existing channel system, and realigning the channel from the mobile home park to the railroad crossing. Capital Improvements Assessment, November 17, 2009 Page 4 Town of Prosper For Information Purposes Only k n i��,r_;.ls�;;�'��1� e ; �r�1�= "'�" _b `sic-R�s•- zif..f� y .1� �.,•, _ _ 1 � � �^� r`L' f[YIIT"j��4 '� L r -� is _ h • �` � � uf- a "" ��:'dT' ..i:p_ `� �':i- � k-� 1?�lyF, � 4 ` `•4 I .y�{J.g '{ •''RR ik'1�'�' r ;�, It � �� •_'-�'f•=�' � 1 :•ram ��' - .. �'�r ,_.. � - EA 4; �`•. � ,_r •__." ''� 1.; •�r r�µ.M w- = �' � �. `.� � -� '. I � r' � 3 mot. � y57H15 !" � ��` •��g.-::� ,' {� :J i4� �" `-. � y � -�{ -. , N� • �c {ram �'e' 1 4L a r�y� ��} Vim` ]y I � • �.. - i -q.. � L -' i � �. � � �� ..i�.'.1 •. f . j � [LiYRyir� �' • �`� . ' � 1� 48"_RCP N • f .� �.PI%1•': {� .t' _ ai : ..��Y.... Y .�.�, —:-tom RCP 3RDiS T�+. r4 ..•.. :Y:'_. �E ��•tr a ram'! `�` _ Z •y N y 1 ] 'v- -Tj �� _ 15 T�S T �• �n� ` •r t PROJECT: Project No. 4 — Amberwood Farms PROBLEM AREA: Channel improvements to gated subdivision south of FM 1461 and east of Gentle Creek Subdivision PROJECT TYPE: C.I.P. COST RANGE: $100,000 to $500,000 PROBLEM FNI was not able to see the site firsthand due to lack of DESCRIPTION: access to the gated community. Town staff communicated to FNI that a channel within the subdivision contains erosive velocities that will require the design and installation of energy dissipation devices. Staff also indicated conveyance problems associated with the bar ditch system. Town staff suggested that a concrete flume with baffles or a similar structure should be added to slow the flow of water in the subdivision. Town staff also indicated that some of the ditches within the subdivision need to be regraded. PROPOSED Town staff suggested that a concrete flume with baffle IMPROVEMENTS: blocks or similar structure be added to the channel to dissipate flows to a nonerosive velocity. FNI recommends the installation of erosion control matting for targeted portions of the channel. Regrading of the ditches is also likely necessary. Figure 4-A: Aerial of erosive channel in Amberwood Farms Subdivision Capital Improvements Assessment, November 17, 2009 Page 6 Town of Prosper For Information Purposes Only PROJECT: Project No. 5 — Highland Meadows PROBLEM AREA: Culvert improvements, southwest of FM 1461 and Highway 80 intersection PROJECT TYPE: C.I.P. COST RANGE: $100,000 to $500,000 PROBLEM Town staff identified several drainage concerns within DESCRIPTION: the Highland Meadows subdivision. The storm drainage system consists of bar ditches and natural open channel. Staff indicated that the bar ditches are not problematic at this time. However, the larger receiving channels, located on Fair Oaks Lane just west and east of Blue Forest Drive, were pointed out to have inadequate conveyance capacity due to vegetative overgrowth and erosion problems due to scour. The under sizing of the channels also remains a possibility. The need for routine maintenance by homeowners was again cited by Town staff as an issue, as previously noted in the Trails of Prosper subdivision. PROPOSED Consider a routine preventative maintenance plan by the IMPROVEMENTS: Town and the homeowners for bar ditches and open channels to avoid costly repairs in the future. Town staff expressed interest in the placement of concrete flume along the lengths of the channels as a solution to the erosion problems observed. Figure 5-A: Aerial of identified drainage issues for Highland Meadows Figure 5-B: Channel west of Blue Forest Drive looking south (DS) Figure 5-C: Channel east of Blue Forest Drive looking south (DS) Capital Improvements Assessment, November 17, 2009 Town of Prosper Page 7 For Information Purposes Only PROJECT: Project No. 6 — Gentle Creek PROBLEM AREA: Channel/pond improvements to the subdivision south of FM 1461 across from CR 84 PROJECT TYPE: C.I.P. COST RANGE: < $100,000 PROBLEM Town Staff identified a drainage issue associated with DESCRIPTION: Gentle Creek Golf Club along Gentle Creek at the downstream side of the Crooked Stick Drive culvert crossing. The tributary is dammed 350 feet downstream of the crossing, and the area from the crossing to the dam serves as an irrigation pond for Gentle Creek Golf Club. At the time of the site visit, the pond showed signs of aeration problems and significant algae growth. PROPOSED FNI suggests the installation of a pond fountain or similar IMPROVEMENTS: device to properly aerate the pond, which will reduce the algae growth and enhance the water quality in the pond. Since this is an irrigation pond, removal of the dam or altering the set water elevation of the pond would likely be detrimental to Gentle Creek Golf Club. Perform routine maintenance along the channel banks just upstream of Crooked Stick Drive. Additionally, FNI suggests that vegetation for erosion control be considered at the upstream end of the roadway crossing. Figure 6-13: Gentle Creek (US) Figure 6-C: Irrigation Pond (DS) Figure 6-D: Right side overbank at Crooked Stick Dr. (US) Capital Improvements Assessment, November 17, 2009 Town of Prosper Page S For Information Purposes Only PROJECT: PROBLEM AREA: PROJECT TYPE: COST RANGE: Project No. 7 — Frontier Parkway Culvert Rehabilitation (Town staff added project September 2010. Project was not included in the site visit.) C.I.P. $100,000 (provided by Town staff) September 2010 Page 9 Town of Prosper For Information Purposes Only PROJECT: Project No. 8 — Talon Drive PROBLEM AREA: Culvert Rehabilitation (Town staff added project September 2010. Project was not included in the site visit.) PROJECT TYPE: C.I.P. COST RANGE: $50,000 (provided by Town staff) September 2010 Page 10 Town of Prosper For Information Purposes Only PROJECT: Project No. 9 — Trails of Prosper PROBLEM AREA: Channel and bar ditch maintenance PROJECT TYPE: O&M COST RANGE: $l 0,000 per year (Town staff updated Sept. 2010) PROBLEM Town staff explained that the routine maintenance of DESCRIPTION: drainage channels located within the limits of the Trails of Prosper subdivision remains the responsibility of the homeowners. However, the staff also pointed out that there are needs for a drainage crew to perform routine cleaning of the concrete flume four times a year and channel mowing along the banks of the channel six times a year. PROPOSED Consider a preventative maintenance plan by the Town IMPROVEMENTS: and the homeowners to avoid costly repairs in the future. Figure 9-A: Aerial of Trails of Prosper Channel Capital Improvements Assessment, November 17, 2009 Page 11 Town of Prosper For Information Purposes Only F 1 1 " I K .7 TEXAS MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT (LOCAL GOVERNMENT CODE SECTION 552, LGC 580.003) SUBCHAPTER C. MUNICIPAL DRAINAGE UTILITY SYSTEMS Sec. 552.041. SHORT TITLE. This subchapter may be cited as the Municipal Drainage Utility Systems Act. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.041 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.042. LEGISLATIVE FINDING. (a) The legislature finds that authority is needed to: (1) permit municipalities to establish a municipal drainage utility system within the established service area; (2) provide rules for the use, operation, and financing of the system; (3) protect the public health and safety in municipalities from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the boundaries of the established service area; (4) delegate to municipalities the power to declare, after a public hearing, a drainage system created under this subchapter to be a public utility; (5) prescribe bases on which a municipal drainage utility system may be funded and fees in support of the system may be assessed, levied, and collected; (6) provide exemptions of certain persons from this subchapter; and (7) prescribe other rules related to the subject of municipal drainage. (b) This subchapter is remedial. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. l(b), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.042 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.043. APPLICATION OF SUBCHAPTER TO MUNICIPALITIES. This subchapter applies to any municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(c), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.043 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.044. DEFINITIONS. In this subchapter: (1)(A) "Benefitted property" means an improved lot or tract to which drainage service is made available under this subchapter. (B) 'Benefitted property," in a municipality with a population of more than 1.18 million which is operating a drainage utility system under this chapter, means a lot or tract, but does not include land appraised for agricultural use, to which drainage service is made B-1 available under this subchapter and which discharges into a creek, river, slough, culvert, or other channel that is part of the municipality's drainage utility system. Sections 552.053(c)(2) and (c)(3) do not apply to a municipality described in this subdivision. (2) "Cost of service" as applied to a drainage system service to any benefitted property means: (A) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of -way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (B) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (C) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (D) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (E) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; (F) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue -pledge securities or obligations issued by the municipality; and (G) the administrative costs of a drainage utility system. (3) "Drainage" means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. (4) "Drainage charge" means: (A) the levy imposed to recover the cost of the service of the municipality in furnishing drainage for any benefitted property; and (B) if specifically provided by the governing body of the municipality by ordinance, an amount made in contribution to funding of future drainage system construction by the municipality. (5) "Drainage system" means the drainage owned or controlled in whole or in part by the municipality and dedicated to the service of benefitted property, including provisions for additions to the system. (6) "Facilities" means the property, either real, personal, or mixed, that is used in providing drainage and included in the system. B-2 (7) "Public utility" means a drainage service that is regularly provided by the municipality through municipal property dedicated to that service to the users of benefitted property within the service area and that is based on: (A) an established schedule of charges; (B) the use of the police power to implement the service; and (C) nondiscriminatory, reasonable, and equitable terms as declared under this subchapter. (8) "Service area" means the municipal boundaries and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of a municipality; provided, however, that in no event may a service area extend farther than the boundaries of a municipality's current extraterritorial jurisdiction, nor, except as provided by Section 552.0451, may a service area of one municipality extend into the boundaries of another municipality. The service area is to be established in the ordinance establishing the drainage utility. Provided, that no municipality shall extend a service area outside of its municipal boundaries except: (A) a municipality of more than 500,000 population located within 50 miles of an international border; (B) a municipality all or part of which is located over or within the Edwards Aquifer recharge zone or the Edwards Aquifer transition zone, as designated by the Texas Natural Resource Conservation Commission; or (C) as provided by Section 552.0451. (9) "User" means the person or entity who owns or occupies a benefitted property. (10) "Improved lot or tract" means a lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. (11) "Wholly sufficient and privately owned drainage system" means land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of a municipal drainage utility system. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(d), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991; Acts 1993, 73rd Leg., ch. 674, Sec. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 773, Sec. 1, eff. June 18, 1993; Acts 1995, 74th Leg., ch. 35, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 76, Sec. 11.258, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 633, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 13.22, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 669, Sec. 108, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 520, Sec. 1, eff. June 16, 2007. B-3 Renumbered from Local Government Code, Section 402.044 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Amended by: Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.77(5), eff. April 1, 2009. Sec. 552.045. ADOPTION OF SYSTEM; RULES. (a) Subject to the requirements in Subsections (b) and (c), the governing body of the municipality, by a majority vote of its entire membership, may adopt this subchapter by an ordinance that declares the adoption and that declares the drainage of the municipality to be a public utility. (b) Before adopting the ordinance, the governing body must find that: (1) the municipality will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under this subchapter; (2) the municipality will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under this subchapter; and (3) the municipality will offer drainage service on nondiscriminatory, reasonable, and equitable terms. (c) Before adopting the ordinance, the governing body must publish a notice in a newspaper of general circulation in the municipality stating the time and place of a public hearing to consider the proposed ordinance. The proposed ordinance must be published in full in the notice. The governing body shall publish the notice three times before the date of the hearing. The first publication must occur on or before the 30th day before the date of the hearing. (d) After passage of the ordinance adopting this subchapter, the municipality may levy a schedule of drainage charges. The municipality must hold a public hearing on the charges before levying the charges. The municipality must give notice of the hearing in the manner provided by Subsection (c). The proposed schedule of drainage charges, as originally adopted or as revised, must be published in the notice. (e) The municipality by ordinance may adopt and enforce rules as it considers appropriate to operate the drainage utility system. Provided, however, that the prohibitions contained in Section 212.003(a) of the Local Government Code relating to quasi -zoning and other land use regulations in the extraterritorial jurisdiction of a municipality shall apply to any rule or ordinance adopted or enacted by the municipality under this Act, except that rates may be established using impervious cover measurements relating to land use and building size. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(e), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.045 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.0451. EXTENSION OF SERVICE AREA BY CERTAIN MUNICIPALITIES. (a) A municipality with a population of more than 900,000 located in one or more counties with a population of less than 1.5 million as of the 1990 federal census may extend its service area: B-4 (1) into the boundaries of another municipality if: (A) before the extension water from the municipality to which the service area is to be extended regularly drains into the drainage system of the municipality extending its service area; and (B) the extension is provided for by an interlocal agreement between the municipalities; or (2) beyond its municipal boundaries into an unincorporated area of its extraterritorial jurisdiction if: (A) before the extension water from the area to which the service area is to be extended regularly drains into the drainage system of the municipality extending its service area; and (B) the extension is provided for by an interlocal agreement between the municipality extending its service area and the county containing the area to which the service area is to be extended. (b) An interlocal agreement under Subsection (a) may: (1) contain provisions necessary for the operation of a drainage system within the area to which the service area is extended; and (2) provide for charges for treatment of drainage water and methods of assessment of the charges to an owner of a lot or tract of benefitted property in the area to which the service area is extended. (c) Charges and methods of assessment agreed to under Subsection (b)(2) must comply with Section 552.047. Added by Acts 1993, 73rd Leg., ch. 773, Sec. 2, eff. June 18, 1993. Renumbered from Local Government Code, Section 402.0451 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Amended by: Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.77(6), eff. April 1, 2009. Sec. 552.046. INCORPORATION OF EXISTING FACILITIES. The municipality may incorporate existing drainage facilities, materials, and supplies into the drainage utility system. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.046 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.047. DRAINAGE CHARGES. (a) The governing body of the municipality may charge a lot or tract of benefitted property for drainage service on any basis other than the value of the property, but the basis must be directly related to drainage and the terms of the levy, and any classification of the benefitted properties in the municipality must be nondiscriminatory, equitable, and reasonable. B-5 (b) In setting the schedule of charges for drainage service, the governing body must base its calculations on an inventory of the lots and tracts within the service area. The governing body may use approved tax plats and assessment rolls for that purpose. The governing body may also consider the land use made of the benefitted property. The governing body may consider the size, in area, the number of water meters, and topography of a parcel of benefitted property, in assessing the drainage charge to the property. (c) The governing body may fix rates for drainage charges in advance and may change, adjust, and readjust the rates and charges for drainage service from time to time. The rates must be equitable for similar services in all areas of the service area. (d) Unless a person's lot or tract is exempted under this subchapter, the person may not use the drainage system for the lot or tract unless the person pays the full, established, drainage charge. (e) Users residing within the established service area, but outside the municipality's boundaries, may appeal rates established for drainage charges to the Texas Natural Resource Conservation Commission as authorized by Section 13.043(b) of the Water Code. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.259, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 633, Sec. 2, eff. Sept. 1, 1997. Renumbered from Local Government Code, Section 402.047 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.048. BILLINGS; DEPOSIT NOT REQUIRED. (a) The municipality may bill drainage charges, identified separately, with the municipality's other public utility billings. Any delinquent billings may be collected on the benefitted property under the procedure prescribed by this subchapter. (b) The municipality may not require a deposit for drainage service as a precondition to accepting surface flow in the drainage utility system. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.048 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.049. SEGREGATION OF INCOME. The income of a drainage utility system must be segregated and completely identifiable in municipal accounts. If drainage charges are solely for the cost of service, the municipality may transfer the charges in whole or in part to the municipal general fund, except for any part collected outside municipal boundaries and except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the drainage system. If the governing body has levied, in the drainage charge, an amount in contribution to the funding of future system improvements, including replacement, new construction, or extension, that amount is not transferable to the general fund. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. 1(f), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. B-6 Renumbered from Local Government Code, Section 402.049 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.050. DELINQUENT CHARGES. (a) Any charge due hereunder which is not paid when due may be recovered in an action at law by the municipality. In addition to any other remedies or penalties provided at law or in this subchapter, failure of a user of the municipal utilities within the service area to pay the charges promptly when due shall subject such user to discontinuance of any utility services provided by the municipality, and municipalities are hereby empowered to enforce this provision against delinquent users. The employees of the utility established in accordance with this subchapter shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection or repair or for the enforcement of the provisions of this subchapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.050 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.051. DRAINAGE REVENUE BONDS. By majority vote of the governing body, the municipality may issue drainage revenue bonds. The municipality may use Chapter 1201, Government Code. In addition, the municipality may pledge income received by contracts for the provision of drainage to other governments or governmental subdivisions located inside or outside the service area. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991; Acts 2001, 77th Leg., ch. 1420, Sec. 8.350, eff. Sept. 1, 2001. Renumbered from Local Government Code, Section 402.051 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.052. DISCONTINUATION OF DRAINAGE SYSTEM. (a) If, after at least five years of substantially continuous operation of a municipal drainage system, the governing body of the municipality determines that the system should be discontinued, that the powers under this subchapter should be revoked, and that provision for municipal drainage should be made by other revenues, the governing body may adopt an ordinance to that effect after providing notice and a public hearing as provided by Section 552.045. (b) If the municipality discontinues a system under Subsection (a), it may not adopt a system under this subchapter for at least five years after the discontinuation. (c) A discontinuation does not affect a written obligation incurred by the municipality for funding or for the purchase of equipment, materials, or labor for the drainage system that is not then fully paid or otherwise discharged. (d) A claim for damages based on an alleged failure of the drainage system that is filed with the municipality before the adoption of the ordinance discontinuing the drainage system is not abated by the discontinuation. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1230, Sec. l(g), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. B-7 Renumbered from Local Government Code, Section 402.052 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Amended by: Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.77(7), eff. April 1, 2009. Sec. 552.053. EXEMPTIONS. (a) A governmental entity or person described by Subsection (b) and a lot or tract in which the governmental entity or person holds a freehold interest may be exempt from this subchapter and all ordinances, resolutions, and rules adopted under this subchapter. (b) The following may be exempt: (1) this state; (2) a county; (3) a municipality; (4) a school district. (c) The following shall be exempt from the provisions of any rules or ordinances adopted by a municipality pursuant to this Act: (1) property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the municipality in which the property is located for maintenance; and (3) a subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality in which the property is located. (d) A municipality may exempt property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Tax Code, from drainage charges under this subchapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991; Acts 1993, 73rd Leg., ch. 674, Sec. 2, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 773, Sec. 3, eff. June 18, 1993. Renumbered from Local Government Code, Section 402.053 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. Sec. 552.054. EFFECT OF SUBCHAPTER. This subchapter does not: (1) enhance or diminish the authority of a home -rule municipality to establish a drainage utility under Article XI, Section 5, of the Texas Constitution; (2) preclude a municipality from utilizing revenues, other than drainage utility revenues, for drainage purposes; or (3) preclude a municipality from imposing impact fees or other charges for drainage authorized by law. B-8 Added by Acts 1989, 71 st Leg., ch. 1230, Sec. 1(h), eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch. 852, Sec. 1, eff. June 16, 1991. Renumbered from Local Government Code, Section 402.054 by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.76(a)(2), eff. April 1, 2009. B-9 Sec. 580.003. EXEMPTIONS OF STATE PROPERTY FROM INFRASTRUCTURE FEES. (a) Except as provided by Subsection (b), no county, municipality, or utility district may collect from a state agency or public institution of higher education any fee charged for the development or maintenance of programs of facilities for the control of excess water or storm water. (b) A municipality with a population of 25,000 or less and through which the Bosque River runs may collect from a state agency or public institution of higher education a fee charged for the development or maintenance of programs of facilities for the control of excess water or storm water. Added by Acts 2003, 78th Leg., ch. 1310, Sec. 83, eff. June 20, 2003. Renumbered from Local Government Code, Section 430.003 by Acts 2007, 80th Leg., R.S., Ch. <a target --"new" href--"http://www.legis.state.tx.us/tlodocs/80RIbilltext/html/HBO2278F.HTM">885</a>, Sec. 3.76(c)(4), eff. April 1, 2009. Amended by: Acts 2007, 80th Leg., R.S., Ch. <a target --"new" href--"http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB00462F.HTM">1356</a>, Sec. 1, eff. June 15, 2007. B-10 iSPER OWN OF Pr Prosper is a place where everyone matters. ADMINISTRATION Agenda Item No. 14 To: Mayor and Town Council From: Mike Land, Town Manager Re: Town Council Meeting — Tuesday October 26, 2010 Date: October 22, 2010 Agenda Item: Discuss and provide direction to staff regarding drainage system optional solution for Highland Meadows. Description of Agenda Item: On August 20, 2010 staff along with Councilmember Miller met with representatives of the Highland Meadows subdivision to discuss a variety of drainage issues associated with the development. Recall that a little over two years ago staff working with the residents of Highland Meadows and under the direction of Town Council worked together with an engineer and developed a final solution for the primary drainage issue in the subdivision, the continual flow of water in the main drainage channel in what I will refer to as the Highland Meadows/Blue Forest channels. The solution developed at that time based its design on constructing a concrete flume at the bottom of the main channel. The actual bid cost of that project was $275,000. Since that time the Council has been weighing the possibility of using bond funds to construct those improvements versus other community needs. As part of that decision making process, staff was asked to look at phasing the construction and to modifying the design solution. An option has been developed that would grade the Highland Meadows channel to get it to drain properly now that the water line has been lowered just south of FM 1461 and to re -grade the channel north of Fair Oaks to Coit Rd. The estimated cost to perform this work is $80,000. Because the majority of this cost is associated with the grading work, should the Council approve the originally designed solution at a later date, approximately $15,000 of this current work would not have continuing value to the final solution. Budget Impact: This is not currently a budgeted item. The Stormwater Utility Fund currently has a balance of $106,000 with the 2010-2011 budget having a line item budget for capital projects of $10,000. Additionally, funds can still be used from non -allocated bond funds still remaining. Lenal Oblioations and Review: NA Attached Documents: 1. Graphic depicting the work area being considered in this alternative solution. Town Staff Recommendation: Town Staff recommends the Town Council to discuss this alternative solution and give direction to staff on whether or not to move forward with this project. Agenda Item No. 14 - Page 1 of 1 tau