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09.19.23 PZ PacketPage 1 of 3 ] Welcome to the Prosper Planning & Zoning Commission Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Planning & Zoning Commission: Those wishing to address the Planning and Zoning Commission must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/ Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for furth er assistance. Citizens and other visitors attending Planning and Zoning Commission meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Commission. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Commission or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Commission during that session of the meeting. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Commission for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may address the Commission when the item is considered by the Planning & Zoning Commission. 1. Call to Order / Roll Call. 2. Pledge of Allegiance. 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. Items may be removed from the Consent Agenda by the request of a Commission Member or staff. AGENDA Planning and Zoning Commission Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 19, 2023 6:00 PM 1 Page 2 of 3 3a. Consider and act upon the minutes from the September 5, 2023, Planning & Zoning Commission meeting. 3b. Consider and act upon a Final Plat for Starview, Phase 2, Block A, Lots 1-12, 1X, & 2X, Block B, Lots 1-20, Block C, Lots 1-24, Block D, Lots 1-32, Block E, Lots 1-13 & 17-20, and Block F, Lots 1-13 & 1X, on 38.4± acres, located on the northeast corner of Lovers Lane and South Coleman Street. The property is zoned Planned Development-67 (PD-67) Gates of Prosper. (D22-0006) 3c. Consider and act upon a request for a Façade Plan for Gas Pumps in accessory to a Big Box, on 20.8± acres, located on the northeast corner of US-380 and FM-1385. The property is zoned Planned Development-94 (PD-94) Westside. (DEVAPP-23-0034) CITIZEN COMMENTS The public is invited to address the Commission on any topic. However, the Commission is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to a staff member prior to the meeting. REGULAR AGENDA: If you wish to address the Commission, please fill out a “Public Comment Request Form” and present it to the Chair, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Planning and Zoning Commission for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may either address the Commission during the Citizen Comments portion of the meeting or when the item is considered by the Planning and Zoning Commission. 4. Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Downtown Office (DTO) to Downtown Retail (DTR), generally located on the southwest corner of West Seventh Street and North Coleman Road. This is a companion case to ZONE-23-0016. (COMP-23-0003). 5. Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit for a new Drive-Through Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) 6. Conduct a Public Hearing to Consider an Ordinance Amending Chapter 1, “General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance, by Amending Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses and Structures,” by Providing for Amortization Procedures consistent with Senate Bill 929, and Subpart (A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” by Providing for Notices relative to a Change in a Zoning Regulation that Could Result in a Nonconforming Use, Consistent with Senate Bill 929. 7. Conduct a Public Hearing to Discuss and Consider an Ordinance amending the Town’s Subdivision Ordinance by amending Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with Revised Language contained in House Bill No. 3699; amending Subsection (B) of Section 10.03.034, “Director of Development Services,” relative to Authorizing the Director of Development Services to Approve or Deny Plats; amending Section 10.03.063, “30- day Time Frame for Plat Approvals,” to Reflect that the Right to 30-day Action for Plat 2 Page 3 of 3 Applications Begins on the Filing Date and One or More 30-day Extensions shall be authorized; adding a Definition of “Filing Date,” amending the Definitions of “Approval” and “Plat,” and repealing the definitions of “Administratively Complete” and “Official Submission Date,” contained in Section 10.03.192, “Words and Terms Defined”; providing that the phrase “Official Submission Date” shall be replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and 10.03.085(h)(2). 8. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 9. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, September 15, 2023, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda . NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 - 1011 at least 48 hours prior to the meeting time. 3 Page 1 of 4 1. Call to Order / Roll Call The meeting was called to order at 6:00 p.m. Commissioners Present: Chair Brandon Daniel, Vice-Chair Damon Jackson, Michael Pettis, Cameron Reeves, Josh Carson, Glen Blanscet Staff Present: David Hoover, Director of Development Services; Dakari Hill, Senior Planner; Jerron Hicks, Planner; Reynaldo Merlos, Planning Tech 2. Recitation of the Pledge of Allegiance. 3. CONSENT AGENDA 3a. Consider and act upon the minutes from the August 15, 2023, Planning & Zoning Commission meeting. 3b. Consider and act upon a Final Plat for Starview, Phase 1, Block A, Lots 13-36, 3X, 4X, 5X, Block E, Lots 14-16, Block G, Lot 1-20, on 23.1± acres, located on the northwest corner of Lovers Lane and South Preston Road. The property is zoned Planned Development-67 (PD-67) Gates of Prosper. (D21-0133) 3c. Consider and act upon a request for a Revised Preliminary Site Plan for an Office/Warehouse development, on 26.8± acres, located on the southeast corner of Industry Way and Cook Lane. The property is zoned Planned Development-26 (PD-26) Centex-Prosper Business Park. (D22-0002) 3d. Consider and act upon a request for a Final Plat for Coleman Road, Block A, Lot 1, on 3.7± acres, located on the northeast corner of Lovers Lane and South Coleman Street. The property is zoned Planned Development-67 (PD-67) Gates of Prosper. (D22-0005) 3e. Consider and act upon a request for a Conveyance Plat for Prosper Town Center, Phase VIII, Block A, Lot 10, on 0.9± acres, located north of East First Street and west of Hays Road. The property is zoned Planned Development-7 (PD-7) Prosper Town Center. (DEVAPP-23-0153) Commissioner Blanscet has requested Item 3B to be pulled for discussion. Motion by Commissioner Blanscet to approve 3a, 3c, 3d and 3e and pull 3b for consideration, second by Commissioner Carson to approve remaining items, subject to Town staff recommendation. Motion carried 6:0. MINUTES Regular Meeting of the Prosper Planning & Zoning Commission Prosper Town Hall Council Chambers 250 W. First Street, Prosper, Texas Tuesday September 5, 2023, 6:00 p.m. 4 Page 2 of 4 Dakari Hill (staff): Presented Item 3B about the Starview, Phase 1 Final Plat located on the northwest corner of Lovers Lane and South Preston Road. Commissioner Blanscet Questions about the subdivision only having one entrance into this phase. Dakari Hill (staff): Answers Commissioner Blanscet question that the road will be expanded in Phase 2 that will allow for 2 points of entry into the Phase 1 subdivision. Commissioner Blanscet questions what the area to the south of the plat will be. Dakari Hill (staff): Answers Commissioner Blanscet question that there will be a 25-foot landscape easement. Commissioner Blanscet motions to approve 3b subject to Town staff recommendations. Second by Carson. Motion passes 6:0. CITIZEN COMMENTS No citizen comments. REGULAR AGENDA 4. Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Downtown Office (DTO) to Downtown Retail (DTR), generally located on the southwest corner of West Seventh Street and North Coleman Road. This is a companion case to ZONE-23-0016. (COMP-23-0003). Dakari Hill (Staff): Presented item 4 about the FLUP amendment from Old Town Office to Downtown Retail. Commissioner Blanscet questions why the change is needed for the Future Land Use Plan as a new FLUP has been recently adopted. Dakari Hill (Staff): Answers Commissioner Blanscet that the FLUP does not specify the area, it only labels the opportunities. David Hoover (Staff): comments that the Comprehensive Plan has been sent back for final review. The purpose of the FLUP is to lay a pathway to guide the development of Prosper, including the Downtown area. Commissioner Blanscet questions why change the lot instead of the general area. David Hoover (Staff): Answers Commissioner Blanscet question that it makes it easier for the lot to adapt and change and makes the change official in the FLUP from Old Town Office (OTO) to Downtown Retail (DTR). Chair Brandon Daniel questions whether staff recommends proceeding forward and table until the new FLUP has been officially adopted and published. 5 Page 3 of 4 David Hoover (Staff): Recommends that item can be tabled and revisited after the Public Hearing of Agenda item 5. Or item can be tabled and be sent back to staff for further review. Commissioners provide general support for item to be tabled. Chair Brandon Daniel opens the Public Hearing. Commissioner Petits motions to table Agenda Item 4 until the next Planning & Zoning Commissioners Meeting. Motion seconded by Commissioner Carson. Motion carried 6:0. 5. Conduct a Public Hearing and consider and act upon a request to rezone 0.2± acres from Single Family-15 (SF-15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on the southwest corner of West Seventh Street and North Coleman Road. (ZONE-23-0016) Dakari Hill (Staff): Presented information on Item 5. Commissioner Reeves questions why a 50 percent reduction to parking is being sought after. Dakari Hill (Staff): Answers Commissioner Reeves that the parking would be more if the area is to remain as DTO instead of DTR which would allow the flexibility in parking. David Hoover (staff): Comments that there was a previous item that requested removal of parking, but the exhibit showed that there was a traffic report that showed the availability of pa rking. This can also be done for the site plan when it is submitted for review. Commissioner Carson questions if the site plan can be sent back with parking revisions. David Hoover (staff): Answers Commissioner Carson question that yes, staff will make t hose recommendations before and after P&Z Meeting. Also parking off street is not something that can be included in the parking spot count. And it will be noted in the staff recommendation when presented to P&Z. Chair Brandon Daniel opens Public Hearing. Harisha Dodda (Applicant): Presents item for the Zoning Case. Chair Brandon Daniel questions if the parking will be in the plans. Harisha Dodda (Applicant): Answers Chair Brandon Daniel that she does not know where the proposed parking will be located at the moment. David Hoover (staff): Comments that when the pre-application meeting occurred, the numbers were very generic. Commissioner Reeves questions if this is going to be one story building. Harisha Dodda (Applicant): Answers Commissioner Reeves question that yes, it will be one story. Commissioner Reeves questions if parking will be sufficient for Employees and Customers. 6 Page 4 of 4 Harisha Dodda (Applicant): Answers Commissioner Reeves question that the plan for the tenants is to have businesses that are by appointment for office and a small retail store. Chair Brandon Daniel questions if the retail tenant would be someone like an ice cream shop. Harisha Dodda (Applicant): Answers Chair Brandon Daniel that yes, the retail tenant would be someone what can walk up or enjoy a quick moment like a café or ice cream shop. Chair Brandon Daniel thanks the applicant for their time and presentation. Commissioner Blanscet questions what the sizes of the offices and retail is going to be. Harisha Dodda (Applicant): Answers Commissioner Blanscet that she does not have a definite answer at this time. Chair Brandon Daniel closes the Public Hearing. Commissioners express general support but concern about the parking situation. Commissioner Carson motions to approve Agenda Item 5 subject to Town Staff recommendation. Motion seconded by Vice Chair Damon Jackson. Motion to approve Agenda Item 5 approved 6:0. 6. Review actions taken by the Town Council and possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Dakari Hill (staff): Presented information regarding Pradera, the Comprehensive Plan, Prosper Hills Ordinance Adoption and two zoning cases for a restaurant and Downtown Single Family (DTSF). Commissioners request a link be sent for the Comprehensive Plan and Pradera. David Hoover (staff): Answers the commissioners that the links will be sent once the final adoption is completed. 7. Adjourn. Motioned by Commissioner Petits, seconded by Vice Chair Damon Jackson to adjourn. Motion approved 6:0 at 7:13 p.m. _______________________________ _________________________ Reynaldo Merlos, Planning Tech Michael Pettis, Secretary 7 Page 1 of 1 To: Planning & Zoning Commission Item No. 3b From: Jerron Hicks, Planner Through: David Hoover, Director of Development Services Re: Planning & Zoning Commission Meeting – September 19, 2023 Agenda Item: Consider and act upon a Final Plat for Starview, Phase 2, Block A, Lots 1-12, 1X, & 2X, Block B, Lots 1-20, Block C, Lots 1-24, Block D, Lots 1-32, Block E, Lots 1-13 & 17-20, and Block F, Lots 1-13 & 1X, on 38.4± acres, located on the northeast corner of Lovers Lane and South Coleman Street. The property is zoned Planned Development-67 (PD-67) Gates of Prosper. (D22-0006) Description of Agenda Item: The purpose of the Final Plat is to initiate the second phase of a residential subdivision. This second phase consists of 126 residential lots while the first phase (D21-0133) consists of 47 residential lots. The first phase was approved at the most recent Planning & Zoning Commission meeting on September 5, 2023. The plat conforms to Planned Development-67 (PD-67) development standards. Attached Documents: 1. Location Map 2. Final Plat Staff Recommendation: Staff recommends approval of the Final Plat, subject to: 1. Town staff approval of all additions and/or alterations to the easements and dedications on the Final Plat. PLANNING 8 9 NOVA STREETCOLLI N C O S C H O O L L A N D S U R V E Y, ABST R A C T N O. 1 4 7MORNING STAR LANENOVA STREETS. COLEMANSTREETLOVERS LANE LINE TABLE LINE TABLE CURVE TABLE POINT OF BEGINNING LOT LISTING LOT LISTING LOT LISTING LOT LISTING LOT LISTING LOT LISTING LINE TABLE GALILEO DRIVE BUENA VISTAGALAXY DRIVELUNASTREET SUNSET POINTE ORION DRIVE TWILIGHT DRIVE HOA LOT AREA TABLE LAND USE SUMMARY TYPE 'A' LOTS MINIMUM SQUARE FOOT 8,640 SF MINIMUM SETBACKS 25' FRONT, 7' SIDE, 25' REAR MINIMUM SIDE SETBACK ADJ TO STREET 15' SIDE ON CORNER LOT MINIMUM WIDTH & DEPTH 64' X 125' TYPICAL TYPE 'A' LOTS =97 TYPE 'B' LOTS MINIMUM SQUARE FOOT 9,990 SF MINIMUM SETBACKS 25' FRONT, 7' SIDE, 25' REAR MINIMUM SIDE SETBACK ADJ TO STREET 15' SIDE ON CORNER LOT MINIMUM WIDTH & DEPTH 74' X 125' TYPICAL TYPE 'B' LOTS =29 GROSS SITE AREA 38.356 AC RIGHT-OF-WAY DEDICATION 11.542 AC NET ACREAGE 26.814 AC LOTS ACREAGE RESIDENTIAL LOTS 126 23.554 NATURAL OPEN SPACE 3 3.260 LOT DENSITY 3.285 LOTS/ACRE SHEET 1 OF 2 COLLIN COUNTY LOCATION MAP DATE OF PREPARATION: SEPTEMBER 13, 2023 Civil Job No. 70236-00; Survey Job No. 70236-00STARVIEW, PHASE 2LEGEND KEYNOTES FINAL PLAT STARVIEW, PHASE 2 LOTS 1-12, 1X, 2X, BLOCK A; LOTS 1-20, BLOCK B; LOTS 1-24, BLOCK C; LOTS 1-32, BLOCK D; LOTS 1-13, 17-20, BLOCK E; LOTS 1-13, 1X, BLOCK F CASE NO. D22-0006 BEING 38.356 ACRES SITUATED IN THE COLLIN CO SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS. 126 RESIDENTIAL LOTS 3 COMMON AREA LOTS OWNER/DEVELOPER: 289 (PRESTON) & 380, L.P. 183 LAND CORPORATION BLUE STAR LAND, L.P. ONE COWBOYS WAY, SUITE 100 FRISCO, TEXAS 75034 TEL: (972) 543-2412 CONTACT: THOMAS WALKER, CFO/ TREASURER ENGINEER: PAPE DAWSON CONSULTING ENGINEERS, LLC. TEL: (214) 420-8494 CONTACT: LANCE STEWART, P.E. T E X A S E N GI N E E R I N G F IR M #4 7 0 I T E X A S S U R V E Y I N G F IR M #1 0 19 4 3 90 6 1 0 5 T E N N Y S O N P K W Y, S T E 2 1 0 I P L A N O, T X 7 5 0 2 4 I 2 1 4.4 2 0.8 4 9 4 UNIVERSITY/US HWY 380 LOVERS LN E 1ST ST RAIL ROADS COLEMAN STRI C H L A N D B L V DPRESTON RDSITE NOTES S GRAIG RDLUNA STREETDETAIL 'A'DETAIL 'B'DETAIL 'C' PD-67 LOT SUMMARY LOTS PHASE 1 - TYPE 'A' LOTS 3 PHASE 1 - TYPE 'B' LOTS 44 PHASE 2 - TYPE 'A' LOTS 97 PHASE 2 - TYPE 'B' LOTS 29 GRAND TOTAL 173 *42.19% OF TYPE 'B' LOTS FOR THE COMBINED LOTS OF STARVIEW, PHASE 1 AND STARVIEW, PHASE 2. 10 SHEET 2 OF 2 DATE OF PREPARATION: SEPTEMBER 13, 2023 Civil Job No. 70236-00; Survey Job No. 70236-00STARVIEW, PHASE 2FINAL PLAT STARVIEW, PHASE 2 LOTS 1-12, 1X, 2X, BLOCK A; LOTS 1-20, BLOCK B; LOTS 1-24, BLOCK C; LOTS 1-32, BLOCK D; LOTS 1-13, 17-20, BLOCK E; LOTS 1-13, 1X, BLOCK F CASE NO. D22-0006 BEING 38.356 ACRES SITUATED IN THE COLLIN CO SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS. 126 RESIDENTIAL LOTS 3 COMMON AREA LOTS OWNER/DEVELOPER: 289 (PRESTON) & 380, L.P. 183 LAND CORPORATION BLUE STAR LAND, L.P. ONE COWBOYS WAY, SUITE 100 FRISCO, TEXAS 75034 TEL: (972) 543-2412 CONTACT: THOMAS WALKER, CFO/ TREASURER ENGINEER: PAPE DAWSON CONSULTING ENGINEERS, LLC. TEL: (214) 420-8494 CONTACT: LANCE STEWART, P.E. T E X A S E N GI N E E R I N G F IR M #4 7 0 I T E X A S S U R V E Y I N G F IR M #1 0 19 4 3 90 6 1 0 5 T E N N Y S O N P K W Y, S T E 2 1 0 I P L A N O, T X 7 5 0 2 4 I 2 1 4.4 2 0.8 4 9 4 OWNER'S CERTIFICATE: STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, 183 LAND CORPORATION, BLUE STAR LAND, L.P., AND 289 (PRESTION) & 380, L.P. ARE THE OWNERS OF A TRACT OF LAND, SITUATEED IN COLLIN CO SCHOOL SURVEY, ABSTRACT NO. 147, TOWN OF PROSPER, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO 183 LAND CORPORATION IN SPECIAL WARRANTY DEED RECORDED IN INSTRUMENT NUMBER 20210407000704790, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (O.P.R.C.C.T.), ALSO BEING A PORTION OF A TRACT OF LAND CONVEYED TO BLUE STAR LAND, L.P. IN GENERAL WARRANTY DEED RECORDED IN INSTRUMENT NUMBER 20100809000819450 (O.P.R.C.C.T.), SAME ALSO BEING A PORTION OF A TRACT OF LAND CONVEYED TO 289 (PRESTON) & 380 L.P. IN DEED RECORDED IN INSTRUMENT NUMBER 20190118000061180 (O.P.R.C.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, ALSO BEING THE POINT OF BEGINNING: BEGINNING AT A FOUND 5/8-INCH IRON ROD AT AN EXTERIOR ELL CORNER OF SAID 289 (PRESTON) & 380. L.P. TRACT, AND BEING ON THE EAST LINE OF A TRACT OF LAND CONVEYED TO BLUE MONKEY PROPERTIES IN A DEED RECORDED IN INSTRUMENT NUMBER 20171213001647850 (O.P.R.C.C.T.); THENCE: NORTH 88 DEGREES 58 MINUTES 12 SECONDS EAST, A DISTANCE OF 221.48 FEET TO A 1/2-INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF THAT TRACT OF LAND CONVEYED IN DEED TO MONTE KAUFFMAN, ET UX, PROPER, TEXAS ACCORDING TO THE DOCUMENT OF RECORD FILE IN VOLUME 2904, PAGE 892, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE:NORTH 89 DEGREES 25 MINUTES 12 SECONDS EAST, A DISTANCE OF 333.91 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE COMMON MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT SEVEN TO 289 (PRESTON) & 380, L.P., ACCORDING TO THE DOCUMENT OF RECORD FILED IN DOCUMENT NUMBER 20190118000061180, OFFICIAL PULIC RECORDS, COLLIN COUNTY, TEXAS AND THE NORTHWEST CORNER OF THAT TRACT OF LAND CONVEYED TO DEED TO FIRST BAPTIST CHURCH, PROSPER, TEXAS, ACCORDING TO THE DOCUMENT OF RECORD FILED IN VOLUME 1909, PAGE 675, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE:SOUTH 00 DEGREES 59 MINUTES 40 SECONDS EAST, WITH THE COMMON LINE OF SAID 289 (PRESTON) & 380, L.P. AND SAID FIRST BAPTIST CHURCH, PROSPER, TEXAS A DISTANCE OF 673.55 FEET TO A FOUND 1/2-INCH IRON ROD; THENCE:SOUTH 76 DEGREES 45 MINUTES 23 SECONDS EAST, A DISTANCE OF 185.76 FEET TO A 3/8-IRON ROD FOUND FOR THE COMMON SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED IN DEED TO FIRST BAPTIST CHURCH, PROSPER, TEXAS, ACCORDING TO THE DOCUMENT OF RECORD FILES IN VOLUME 1909, PAGE 675, DEED RECORDS, COLLIN COUNTY, TEXAS AND THE SOUTHWEST CORNER OF THAT TRACT CONVEYED IN DEED TO FIRST BAPTIST CHURCH, PROSPER, TEXAS, ACCORDING TO THE DOCUMENT OF RECORD FILED IN VOLUME 1725, PAGE 830, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE: SOUTH 76 DEGREES 47 MINUTES 20 SECONDS EAST, A DISTANCE OF 149.63 FEET TO A SET 1/2-INCH IRON ROD WITH PLASTIC YELLOW CAP STAMPED "PAPE-DAWSON"; THENCE:OVER AND ACROSS SAID TRACT 7 TO 289 (PRESTON) & 380, L.P. TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 13 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 31.14 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON"; SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST, A DISTANCE OF 93.82 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON"; SOUTH 06 DEGREES 51 MINUTES 04 SECONDS WEST, A DISTANCE OF 170.63 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON"; SOUTH 00 DEGREES 54 MINUTES 37 SECONDS WEST, A DISTANCE OF 82.00 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE DAWSON"; NORTH 89 DEGREES 08 MINUTES 23 SECONDS WEST, A DISTANCE OF 116.68 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE DAWSON“", SAME BEING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 595.00 FEET, A CENTRAL ANGLE OF 03 DEGREES 46 MINUTES 16 SECONDS, A CHORD DISTANCE OF NORTH 87 DEGREES 12 MINUTES 15 SECONDS WEST, 39.16 FEET; ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 39.16 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; NORTH 35 DEGREES 52 MINUTES 03 SECONDS WEST, A DISTANCE OF 13.13 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON"; NORTH 73 DEGREES 53 MINUTES 53 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE DAWSON"; SOUTH 13 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 4.41 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON"; SOUTH 57 DEGREES 00 MINUTES 24 SECONDS WEST, A DISTANCE OF 14.41 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON“", SAME BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 645.00 FEET, A CENTRAL ANGLE OF 00 DEGREES 15 MINUTES 57 SECONDS, A CHORD DISTANCE OF NORTH 79 DEGREES 07 MINUTES 04 SECONDS WEST, 2.99 FEET; ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 2.99 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 10 DEGREES 44 MINUTES 58 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON", SAME BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 595.00 FEET, A CENTRAL ANGLE OF 09 DEGREES 55 MINUTES 32 SECONDS, A CHORD DISTANCE OF NORTH 84 DEGREES 12 MINUTES 48 SECONDS WEST, 102.94 FEET; ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 103.07 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; NORTH 89 DEGREES 56 MINUTES 19 SECONDS WEST, A DISTANCE OF 57.42 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 71.74 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 13 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 64.95 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 135.00 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 77.64 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON", SAME BEING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET, A CENTRAL ANGLE OF 05 DEGREES 05 MINUTES 06 SECONDS, A CHORD DISTANCE OF SOUTH 87 DEGREES 27 MINUTES 27 SECONDS EAST, 28.83 FEET; ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 28.84 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 05 DEGREES 05 MINUTES 06 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON", SAME BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET, A CENTRAL ANGLE OF 00 DEGREES 35 MINUTES 09 SECONDS, A CHORD DISTANCE OF SOUTH 84 DEGREES 37 MINUTES 19 SECONDS EAST, 2.81 FEET; ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 2.81 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 28 DEGREES 44 MINUTES 38 SECONDS EAST, A DISTANCE OF 11.60 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON", SAME BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 211.50 FEET, A CENTRAL ANGLE OF 24 DEGREES 26 MINUTES 41 SECONDS, A CHORD DISTANCE OF SOUTH 12 DEGREES 13 MINUTES 21 SECONDS WEST, 89.55 FEET; ALONG SAID CURVE TO THE LEFT, AN ARCH LENGTH OF 90.24 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 35.87 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 35.37 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE DAWSON", ON THE SOUTH LINE OF SAID 289 (PRESTON) & 380, L.P. TRACT, SAME BEING ON THE NORTH RIGHT-OF-WAY LINE OF LOVERS LANE (A VARIABLE WIDTH RIGHT-OF-WAY), RECORDED IN VOLUME 2019, PAGE 252, MAP RECORD, COLLIN COUNTY, TEXAS (M.R.C.C.T.); THENCE:SOUTH 89 DEGREES 58 MINUTES 38 SECONDS WEST, CONTINUING ALONG THE SOUTH LINE OF SAID 289 (PRESTON) & 380, L.P. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID LOVERS LANE, A DISTANCE OF 741.82 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE-DAWSON"; THENCE: NORTH 86 DEGREES 12 MINUTES 32 SECONDS WEST, CONTINUING ALONG THE SOUTH LINE OF SAID 289 (PRESTON) & 380, L.P. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID LOVERS LANE, A DISTANCE OF 123.25 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; THENCE: NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, CONTINUING ALONG THE SOUTH LINE OF SAID 289 (PRESTON) & 380, L.P. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID LOVERS LANE, A DISTANCE OF 146.41 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; THENCE: NORTH 45 DEGREES 00 MINTES 00 SECONDS WEST, CONTINUING ALONG THE SOUTH LINE OF SAID 289 (PRESTON) & 380, L.P. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF SAID LOVERS LANE, A DISTANCE OF 35.66 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON", FOR THE NORTHWEST CORNER CLIP AT THE NORTH RIGHT-OF-WAY LINE OF LOVERS LANE (A VARIABLE WIDTH RIGHT-OF-WAY), RECORDED IN VOLUME 2019, PAGE 252, MAP RECORDS, COLLIN COUNTY, TEXAS (M.R.C.C.T.), ALSO BEING ON A SOUTH LINE OF SAID 183 LAND CORPORATION, FROM WHICH A FOUND 5/8-INCH IRON ROD WITH RED CAP STAMPED "KHA" FOR THE NORTHEAST CORNER CLIP AT THE INTERSECTION OF WESTERLY RIGHT-OF-WAY LINE OF SOUTH COLEMAN STREET, (A VARIABLE WIDTH RIGHT-OF-WAY), RECORDED IN VOLUME 2019, PAGE 252 (M.R.C.C.T.) AND THE SOUTH RIGHT-OF-WAY LINE OF SAID LOVERS LANCE, SAME BEING THE MOST NORTHERLY CORNER OF LOT 12, BLOCK A, GATES OF PROSPER, PHASE 2, BLOCK A, LOTS 1-14 ADDITION, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS RECORDED IN INSTRUMENT NUMBER 20200826010003250 (O.P.R.C.C.T.), BEARS SOUTH 10 DEGREES 29 MINUTES 29 SECONDS EAST, A DISTANCE OF 137.00 FEET; THENCE:OVER AND ACROSS SAID 289 (PRESTON) & 380, L.P. TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 115.00 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “"PAPE-DAWSON"; NORTH 02 DEGREES 25 MINUTES 12 SECONDS WEST, A DISTANCE OF 143.71 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON", SAME BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1055.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 55 MINUTES 38 SECONDS, A CHORD BEARING AND DISTANCE OF NORTH 10 DEGREES 24 MINUTES 43 SECONDS, 200.90 FEET; ALONG SAID CURVE TO THE RIGHT, AN ARC LENGTH OF 201.21 FEET TO ASET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “PAPE-DAWSON”; NORTH 15 DEGREES 52 MINUTES 33 SECONDS, A DISTANCE OF 926.53 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP "STAMPED PAPE DAWSON"“, SAME BEING THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1145.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 38 MINUTES 19 SECONDS, A CHORD BEARING AND DISTANCE OF NORTH 11 DEGREES 33 MINUTES 23 SECONDS EAST, 172.47 FEET; ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 172.64 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “PAPE-DAWSON”; SOUTH 89 DEGREES 55 MINUTES 16 SECONDS EAST, ALONG THE SOUTH LINE OF SAID BLUE MONKEY PROPERTIES TRACT, AND A NORTH LINE OF SAID 289 (PRESTON) & 380. L.P. TRACT, A DISTANCE OF 227.96 FEET TO A SET 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PAPE-DAWSON"; THENCE:NORTH 01 DEGREES 52 MINUTES 08 SECONDS EAST, ALONG THE EAST LINE OF SAID BLUE MONKEY PROPERTIES TRACT AND THE NORTHERLY WEST LINE OF SAID 289 (PRESTON) & 380. L.P. TRACT, A DISTANCE OF 71.93 FEET TO THE POINT OF BEGINNING, AND CONTAINING 38.356 ACRES OR 1,670,787 SQUARE FEET OF LAND MORE OR LESS. OWNER'S DEDICATION: NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, 289 (PRESTON) & 380, L.P., 183 LAND CORPORATION AND BLUE STAR LAND, L.P., ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS STARVIEW, PHASE 2, AN ADDITION TO THE TOWN OF PROSPER, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND TOWN OF PROSPER'S USE THEREOF. THE TOWN OF PROSPER AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE TOWN OF PROSPER AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE TOWN OF PROSPER, TEXAS. WITNESS, MY HAND, THIS THE DAY OF , 2023. BY: 289 (PRESTON) & 380, L.P. 183 LAND CORPORATION BLUE STAR LAND, L.P. ONE COWBOYS WAY FRISCO, TEXAS 75034 THOMAS WALKER (NAME) CFO/ TREASURER (TITLE) STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED, THOMAS WALKER, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE , DAY OF , 2023. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY COMMISSION EXPIRES ON: _________________ SURVEYOR'S STATEMENT: THAT I, MARK L. BESHEAR DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION, IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS OF THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS. DATED THIS THE ____________ DAY OF ________________________________, 2023. _______________________________________________ MARK L. BESHEAR REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6824 FIRM REGISTRATION NO. 10194390 PAPE DAWSON CONSULTING ENGINEERS, LLC 6105 TENNYSON PARKWAY, SUITE 210 PLANO, TEXAS 75024 TELE.214-420-8494 EMAIL: MBESHEAR@PAPE-DAWSON.COM STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED, MARK L. BESHEAR, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE\SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS , DAY OF , 2023. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY COMMISSION EXPIRES ON: _________________ CERTIFICATE OF APPROVAL: APPROVED THIS ___________DAY OF ____________________, 20__________ BY THE PLANNING & ZONING COMMISSION OF THE TOWN OF PROSPER, TEXAS ________________________________________________ TOWN SECRETARY ________________________________________________ ENGINEERING DEPARTMENT ______________________________________________ DEVELOPMENT SERVICES DEPARTMENT COLLIN COUNTY LOCATION MAP UNIVERSITY/US HWY 380 LOVERS LN E 1ST ST RAIL ROADS COLEMAN STRI C H L A N D B L V DPRESTON RDSITES GRAIG RD11 Page 1 of 2 To: Planning & Zoning Commission Item No. 3c From: Dakari Hill, Senior Planner Through: David Hoover, Director of Development Services Re: Planning & Zoning Commission Meeting – September 19, 2023 Agenda Item: Consider and act upon a request for a Façade Plan for Gas Pumps in accessory to a Big Box, on 20.8± acres, located on the northeast corner of US-380 and FM-1385. The property is zoned Planned Development-94 (PD-94) Westside. (DEVAPP-23-0034) Description of Agenda Item: Per Planned Development-94 (PD-94), façade plans for big box retail stores are required to be approved by the Planning & Zoning Commission. The façade plan for the big box retail store was approved by the Planning & Zoning Commission on May 16, 2023; however, the fuel facility was not included. The Façade Plan shows the finished elevations for the fuel facility as shown below: PLANNING 12 Page 2 of 2 The Façade Plan shows the finished elevations for the big box retail store as shown below: Attached Documents: 1. Location Map 2. Fuel Facility Façade Plan 3. Big Box Façade Plan Town Staff Recommendation: Town staff recommends approval of the Façade Plan, subject to: 1. Town staff approval of civil engineering , site plan, irrigation plan, open space plan, and address plan. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. 13 14 OCTOBER 2022 22-5585-01 PROSPER, TX CONCEPT FUEL ELEVATIONS JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1 NORTH AND SOUTH ELEVATIONS SCALE: NTS 2 EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4 CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1 NORTH AND SOUTH ELEVATIONS SCALE: NTS 2 EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4 CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4ACOSTCO WHOLESALE2’-6” x 8’-7”21 SF 84 SF IDENTITYSIGNSIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING JUNE 30, 2021 21-5525-01 LIBERTY TOWNSHIP, OH PRELIMINARY FUEL FACILITY ELEVATIONS 1NORTH AND SOUTH ELEVATIONS SCALE: NTS 2EAST AND WEST ELEVATIONS SCALE: NTS 3 CONTROLLER ENCLOSURE ELEVATIONS SCALE: NTS 4CANOPY SIGN SCALE: 1/8” = 1’-0” 5 WARMING HUT ELEVATIONS SCALE: NTS 18’-6” T.O COPING 18’-6” T.O COPING A A SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A COSTCO WHOLESALE 2’-6” x 8’-7”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF “SAFETY RED” “LAPIS LAZULI” COPING AND BOTTOM TRIM ‘MEDIUM BRONZE’ STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK - “RED/BROWN” STRUCTURAL BRICK VENEER - “RED/BROWN” ARCHITECTURAL RIB METAL PANEL - “METALLIC CHAMPAGNE” 25’-5’’ 5’-0’’3’-0’’ 126’-0’’ 64’-6’’ 8’-6’’2’-6’’4’-0’’8’-7’’8’-11’’7’-6’’ 1 22 1 EAST/WEST ELEVATIONS PROSPER, TX NORTH/SOUTH ELEVATIONS SMOOTH METAL PANEL "BEIGE" AND GLAZING SIGN TABLE QUANTITY TOTAL SIGN AREA:84 SF 4A CANOPY SIGN 8’-6 5/8” X 2’-5 ¼”21 SF 84 SF IDENTITY SIGN SIZE AREA (EACH)TOTAL SF ENTRANCE SIDE EXIT SIDE 1 CANOPY AND DISPENSER ELEVATION (NORTH/SOUTH) SCALE: 1/8” = 1’ 2 CANOPY AND DISPENSER ELEVATION (EAST/WEST) SCALE: 1/8” = 1’ 3 CONTROLLER ENCLOSURE EXTERIOR ELEVATIONS SCALE: 1/8” = 1’ A SIGN LIGHT BAR, CENTERED ON ALL FOUR SIDES” A 1 2 3 ENTRANCE SIDE 4 4 CANOPY SIGNS SCALE: 1/4” = 1’ JANUARY 2023 22-5585-01 PROSPER, TX EXHIBIT F - FUEL FACILITY ELEVATIONS AREA OF BUILDING SIGNAGE AREA OF BUILDING SIGNAGE FE 22 PR 1101 SECOND AVE #100 SEATTLE, WA 98101 206-962-6500 WESTSIDE ADDITION BLOCK A, LOT 1R & 2R PROJECT # FEBRUARY 17, 2023 DEVAPP-23-0034 15 MAY 2023 22-5585-01 PROSPER, TX EXHIBIT F - BIG BOX ELEVATIONS 31 2 4 33’-10” T.O CORNICE 32’-2” T.O CORNICE 31’-10” T.O CORNICE 31’-4” T.O COPING 32’-2” T.O COPING 30’-6” T.O COPING 32’-2” T.O CORNICE 28’-10” T.O COPING 29’-2” T.O COPING 8’-8” 8’-8” 8’-8”8’-8” 8’-8” 12’-0” 12’-0” 10’-0” 28’-10” T.O COPING30’-10” T.O COPING 32’-2” T.O CORNICE 29’-2” T.O COPING 30’-10” T.O COPING 1 WEST ELEVATION SCALE: 1” = 40’ 2 SOUTH ELEVATION SCALE: 1” = 40’ 3 EAST ELEVATION SCALE: 1” = 40’ 4 NORTH ELEVATION SCALE: 1” = 40’ SPLIT FACE CMU -“BROWN” SPLIT FACE CMU -“BROWN”STRUCTURAL BRICK -“RED / BROWN” DOOR TO MATCH ADJACENT COLOR NATURAL LIMESTONE -“BUFF / GOLD” SPLIT FACE CMU -“BROWN” COMPACTOR WALL -“NATURAL CONCRETE” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” OVERHEAD DOORS -“MEDIUM BRONZE” STRUCTURAL BRICK -“RED / BROWN” STRUCTURAL BRICK -“RED / BROWN” STRUCTURAL BRICK -“RED / BROWN” STRUCTURAL BRICK -“RED / BROWN” VERTICAL RIBBED ARCHITECTURAL METAL PANEL - “METALLIC CHAMPAGNE” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” EMBOSSED / FLAT ARCHITECTURAL METAL PANEL -“SANDSTONE” EMBOSSED / FLAT ARCHITECTURAL METAL PANEL -“SANDSTONE” EMBOSSED / FLAT ARCHITECTURAL METAL PANEL -“SANDSTONE” *CALCULATION DOES NOT INCLUDE EXTERIOR DOORS OR TIRE CENTER DOORS ELEVATION MATERIAL PERCENTAGES SPLIT FACE CMU “BROWN”2,666 SF 18% 1,766 SF 18% 4,196 SF 27% 1,725 SF 16% 2150SF 14% 387 SF 3% 2,497 SF 26% 0 SF 0% 0 SF 0% 0 SF 0% 1,580 SF 10% 202 SF 2% 0 SF 0% 991 SF 9% 5,090 SF 34% 2,619 SF 27% 4,443 SF 30% 3,270 SF 31% 3,241 SF 21% 2,614 SF 27% 5,065 SF 33% 3,570 SF 34% 1,568 SF 10% 1,026 SF 10% WEST SOUTH EAST NORTH STRUCTURAL BRICK “RED/BROWN” NATURAL LIMESTONE“BUFF/GOLD” CONCRETE “NATURAL” VERTICAL RIBBED ARCHITECTURAL METAL PANEL“METALLIC CHAMPAGNE” EMBOSSED/FLAT ARCHITECTURAL METAL PANEL“SANDSTONE” MATERIAL ELEVATIONSCREEN WALL -“NATURAL CONCRETE” VERTICAL RIBBED ARCHITECTURAL METAL PANEL -“METALLIC CHAMPAGNE” STRUCTURAL BRICK -“RED / BROWN” SPLIT FACE CMU -“BROWN” 6’-0” AFF 30’-6” T.O COPING 29’-6” T.O COPING 16 Page 1 of 3 To: Planning & Zoning Commission Item No. 4 From: Dakari Hill, Senior Planner Through: David Hoover, Director of Development Services Re: Planning & Zoning Commission Meeting – September 19, 2023 Agenda Item: Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Downtown Office (DTO) to Downtown Retail (DTR), generally located on the southwest corner of West Seventh Street and North Coleman Road. This is a companion case to ZONE-23- 0016. (COMP-23-0003). Description of Agenda Item: Staff has received a request to rezone 0.2± acres from Single Family-15 (SF-15) to Downtown Retail (DTR) to allow for a commercial building with office and retail uses, located on the southwest corner of West Seventh Street and North Coleman Road. (ZONE-23-0016) Rezoning requests, which do not conform to the Future Land Use Plan, shall be accompanied by a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates the Town will encounter “development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map.” Land use districts designated on the Future Land Use Plan are intended to depict general areas where land uses are considered appropriate for an area, and such districts are not intended to be parcel specific. If the Planning & Zoning Commission and Town Council believe the property located on the southwest corner of West Seventh Street and North Coleman Road is more appropriately classified as Downtown Retail on the Future Land Use Plan, then it would be appropriate to reclassify the property. PLANNING 17 Page 2 of 3 Comprehensive Factors: Changes in overall development patterns that deviate from the Plan’s recommendations could impact the ultimate capacity of the community. The Plan states, “it should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project.” The applicant provided the attached letter (attachment 3), in response. The document recommends that “development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the following questions and should be reviewed on their own merit. The responses to each criterion are listed below: 1. Will the proposed change enhance the site and the surrounding area?  “Yes, the proposed change will enhance the site and the surrounding area by promoting a vibrant and mixed-use environment, revitalizing the downtown core, and creating spaces for people to work, live, and socialize.” 2. Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?  “Yes, the proposed ‘Mixed-Use Downtown designation represents a better use than the current designation because it aligns with the evolving needs and aspirations of the community, fostering a dynamic and interconnected urban environment.” 3. Will the proposed use impact adjacent residential areas in a negative manner?  “No, the proposed mixed-used development is designed to minimize any negative impact on adjacent residential areas. Buffer zones, appropriate design elements, and community engagement will be employed to ensure compatibility.” 4. Will the proposed use be compatible with and/or enhance adjacent residential uses?  “Yes, the mixed-used development will be carefully designed to be compatible with adjacent residential uses, offering amenities and services that benefit residents without compromising their quality of life.” 5. Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?  “Yes, the mixed-use development will be designed to harmonize with adjacent uses in terms of appearance, hours of operation, and overall compatibility, promoting a cohesive and attractive urban fabric.” 18 Page 3 of 3 6. Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?  “Yes, the mixed-use development will present significant benefits to public health, safety, welfare, and social well-being by creating a lively, accessible, and inclusive urban environment that promotes community engagement and social interactions.” 7.Would it contribute to the Town’s long term economic stability?  “Yes, the proposed mixed-use development will contribute to the Town’s long-term economic stability by attracting investments, generating tax revenue, and supporting local businesses, thereby strengthening the overall economic resilience of the community.” The Plan also recommends that “it is important to recognize that proposals not directly consistent with the Plan could reflect higher and better long-term uses than those originally envisioned and shown on the Future Land Use Plan map for a particular area. This may be due to changing markets, demographics, and/or economic trends that occur at some point in the future after the Plan is adopted. These proposals should be approved and the Future Land Use Plan map should be amended accordingly if such changes occur, especially if there are demonstrated significant social and/or economic benefits to the Town of Prosper.” Legal Obligations and Review: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Future Land Use Plan. Attachments: 1. Aerial Map 2. Request Letter Staff Recommendation: An update to the Town’s Comprehensive Plan was approved by Town Council on August 22, 2023. The updated plan eliminated the breakouts in the Old Town District (Downtown Commercial, Office, Retail, and Single Family). These districts fall into the category of Old Town District in the Comprehensive Plan. Consequently, no Future Land Use Amendments will be necessary within the Old Town District. 19 20 Subject:Letter of Intent for Future Land Use Plan Amendment -313 N Coleman St,Prosper,TX 75078 Dear Sir/Madam, I am writing on behalf of Lamda Partners LLC,a company committed to "Building Prosperous Spaces,"and we hereby express our intent to apply for a Future Land Use Plan Amendment for the property located at 313 N Coleman St,Prosper,TX 75078. Property Details: Subject Property Acreage:Approximately 0.2099 acres Property Location:The subject property is situated on the northeast corner of Coleman St and 7th St in Prosper's downtown at 313 N Coleman St,Prosper,TX 75078. The primary purpose of this Future Land Use Plan Amendment is to seek a change in the current land use designation for the aforementioned property.Currently designated for [insert current land use designation],we propose to amend it to "Mixed-Use Downtown"in alignment with the long-term vision for the Prosper Downtown Revitalization Program. Reasons for Future Land Use Plan Amendment: Alignment with Community Vision:The proposed "Mixed-Use Downtown"designation aligns with the town's vision for a vibrant and thriving downtown area that combines commercial, residential,and cultural elements.Our project will contribute to the realization of this vision. Contribution to Downtown Revitalization:By amending the Future Land Use Plan to accommodate mixed-use development,we can contribute significantly to the ongoing Prosper Downtown Revitalization Program.This will lead to a more attractive and economically prosperous downtown core. Sustainable Growth:The "Mixed-Use Downtown"designation promotes sustainable urban planning principles,fostering a compact and walkable community that reduces dependence on private vehicles and encourages public transportation usage. Economic Impact:The proposed development aims to create a mixed-use space that includes office and retail components.This will attract businesses,stimulate economic activity,and support local entrepreneurship. Response to Questions: ●Will the proposed change enhance the site and the surrounding area? 21 Yes,the proposed change will enhance the site and the surrounding area by promoting a vibrant and mixed-use environment,revitalizing the downtown core,and creating spaces for people to work,live,and socialize. ●Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map? Yes,the proposed "Mixed-Use Downtown"designation represents a better use than the current designation because it aligns with the evolving needs and aspirations of the community, fostering a dynamic and interconnected urban environment. ●Will the proposed use impact adjacent residential areas in a negative manner? No,the proposed mixed-use development is designed to minimize any negative impact on adjacent residential areas.Buffer zones,appropriate design elements,and community engagement will be employed to ensure compatibility. ●Will the proposed use be compatible with and/or enhance adjacent residential uses? Yes,the mixed-use development will be carefully designed to be compatible with adjacent residential uses,offering amenities and services that benefit residents without compromising their quality of life. ●Are uses adjacent to the proposed use similar in nature in terms of appearance,hours of operation,and other general aspects of compatibility? Yes,the mixed-use development will be designed to harmonize with adjacent uses in terms of appearance,hours of operation,and overall compatibility,promoting a cohesive and attractive urban fabric. ●Does the proposed use present a significant benefit to the public health,safety,welfare, and/or social well-being of the community? Yes,the mixed-use development will present significant benefits to public health,safety,welfare, and social well-being by creating a lively,accessible,and inclusive urban environment that promotes community engagement and social interactions. ●Would it contribute to the Town’s long-term economic stability? Yes,the proposed mixed-use development will contribute to the Town's long-term economic stability by attracting investments,generating tax revenue,and supporting local businesses, thereby strengthening the overall economic resilience of the community. We assure you of our commitment to meeting all the necessary requirements and guidelines throughout the Future Land Use Plan Amendment process.If any additional information or documentation is required,please do not hesitate to contact us at the provided contact details. Thank you for considering our request for the Future Land Use Plan Amendment.We eagerly anticipate the opportunity to collaborate with the Prosper Town Planning and Zoning Department to bring this vision to reality and contribute to the continued prosperity of the town. 22 Sincerely, Lamda Partners LLC Harisha Dodda Manohar Kunamneni 23 Page 1 of 4 To: Planning & Zoning Commission Item No. 5 From: Dakari Hill, Senior Planner Through: David Hoover, Director of Development Services Re: Planning & Zoning Commission Meeting – September 19, 2023 Agenda Item: Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit for a new Drive-Through Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development - 69 Vacant Tollway District North Celina Celina Celina East Planned Development - 69 Vacant Tollway District South Commercial Corridor District Vacant Tollway District West Commercial District Vacant Tollway District Requested Zoning – Per Planned Development-69 (PD-69), the base zoning for this area is Retail District. A Specific Use Permit is required for drive-through restaurants in Retail District zoning. The purpose of this request is to allow for construction of a new 4,117 square foot drive-through restaurant as shown below: PLANNING 24 Page 2 of 4 Additionally, the Façade Plan shows the finished building elevations as shown below: 25 Page 3 of 4 Comprehensive Factors: Per the Zoning Ordinance, all uses containing a drive-in or drive-through shall be subject to the following landscaping standards: “A minimum ten-foot-wide landscape island shall be constructed around the outer edge of the drive-through lane for a minimum distance to equal the length of stacking required for the drive- through facility.” The applicant is requesting that the Specific Use Permit allow them to provide a ten-foot landscape buffer on the western property line in lieu of the required ten-foot-wide landscape island. Additionally, the proposed ten-foot landscape buffer would be inclusive of the neighboring property to the west. The proposed site would only provide five feet of the landscape buffer while the neighboring property would provide the other five feet. A Preliminary Site Plan of the location (D22-0098) was approved by the Planning & Zoning Commission on June 6, 2023. The proposed site and the neighboring property to the west on the approved Preliminary Site Plan are shown below: The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of a SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? 2. Are the activities requested by the applicant normally associated with the requested use? 3. Is the nature of the use reasonable? 4. Has any impact on the surrounding area been mitigated? Staff believes the applicant has not satisfied the criteria and recommends denial of the request. Future Land Use Plan – The Future Land Use Plan recommends Tollway District. Thoroughfare Plan – This property will have direct access to County Road #50. Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject property. 26 Page 4 of 4 Legal Obligations and Review: Notification was provided as required by the Zoning Ordinance and state law. Staff has not received any response to the proposed zoning request to date. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed Exhibits 3. Letter of Intent Staff Recommendation: Staff recommends denial of the Specific Use Permit request for a new Drive-Through Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. This Specific Use Permit request is not in compliance with the Town’s landscaping requirements for drive-through restaurants. Staff does not believe the applicant’s proposal encompassing the neighboring property’s landscape buffer into their proposed landscape buffer mitigates the nonconformity regarding the landscape island. 27 28 29 PROPERTY BOUNDARYEXH-A DATENo.REVISIONBYDATE: SHEET CASE NO. CHECKED: MAM DRAWN:DC DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 MAM 7/17/2023 2022-029 PRELIMINARY CLAYMOORE ENGINEERING 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/ENGINEER: EXHIBIT "A" CONTACT NAME: MATT MOORE COLLIN BEING PART OF 70.91 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS ZONING: PLANNED DEVELOPMENT-69 (PD-69) ARCHITECT CONTACT NAME: JERAMY WILLIAMS CLAYMOORE ENGINEERING, INC. 301 S COLEMAN, SUITE 40 PROSPER, TX 75078 PH: 817.201.6982 JAW ARCHITECTS PH: 817.705.3387 DNT FRONTIER, LP 4215 W LOVERS LANE, SUITE 250 DALLAS, TX 75209 PH: 817.201.6982 CONTACT NAME: DAVID FOGEL PROPERTY BOUNDARY - McDONALDS TOWN CASE NO.: ZONE-23-0013 36' BFR BY OTHERS FIRE HYD. BY OTHERS FIRE HYD. BY OTHERS FIRE HYD. BY OTHERS EXISTING DRAINAGE STRUCTURE EXISTING RETAINING WALL RETAINING WALL WITH HANDRAIL BY OTHERS RETAINING WALL WITH HANDRAIL BY OTHERS BFR BY OTHERS BFR BY OTHERS FIRE HYD. BY OTHERS 623 621 6 2 0 620 620 620 621 614 615613613 613613 623 622 621 620 619 618617 616 615 614 623 622 621 620 619 618 617616 615 614 614 615 616 617 618 619 620 621621622REQUESTED TRACT A = 67,174 SF (1.54 AC.) POINT OF BEGINNING 30 SITE PLANEXH-B NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS. LEGEND STANDARD DUTY CONCRETE PAVEMENT HEAVY DUTY CONCRETE PAVEMENT DUMPSTER AREA CONCRETE PAVEMENT SIDEWALK CONCRETE PAVEMENT PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT FULL-DEPTH SAWCUT PROPOSED FIRE LANE STRIPPING DATENo.REVISIONBYDATE: SHEET CASE NO. CHECKED: MAM DRAWN:DC DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 MAM 8/29/2023 2022-029 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/ENGINEER: CONTACT NAME: MATT MOORE COLLIN BEING PART OF 70.91 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS ZONING: PLANNED DEVELOPMENT-69 (PD-69) ARCHITECT CONTACT NAME: JERAMY WILLIAMS CLAYMOORE ENGINEERING, INC. 301 S COLEMAN, SUITE 40 PROSPER, TX 75078 PH: 817.201.6982 JAW ARCHITECTS PH: 817.705.3387 DNT FRONTIER, LP 4215 W LOVERS LANE, SUITE 250 DALLAS, TX 75209 PH: 817.201.6982 CONTACT NAME: DAVID FOGEL ACCORDING TO MAP NO. 48085C0115J, DATED 06/02/2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). FLOODPLAIN NOTE PRELIMINARY SITE PLAN NOTES: ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM. 8.FIRE LANES SHALL BE DESIGNATED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANY BUILDING FOR HOSE LAY REQUIREMENTS. 12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. 13.BUILDINGS MORE THAN 30 FEET HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. 14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. 15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. 16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17.FIRE HYDRANTS SHALL BE PROBIDED AT THE ENTRTANCES AND INTERSECTIONS. 18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET. DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT-TO-HYDRANT, NOT AS THE "CROW FLIES". 19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5" STORZ, 30-DEGREE DOWNWARD TURNING WITH LOCKING CAP. 20.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT TO 6 FOOT BACK FROM THE CURB OF FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. 21.THERE SHALL BE A MINIMUM OF TWO FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDARNT SHALL BE LOCAED ON EACH LOT. 22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. 23.THE MAXIMUM DEAD END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. 24.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 25.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 26.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 27.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 28.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS AND BARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 29.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 30.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.. 31.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 32.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 33.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING AND ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 34.SITE WILL BE UNAVAILABLE TO DEVELOP UNTIL A GRAVITY TRUNK MAIN HAS BEEN CONSTRUCTED FOR THE BASIN. 35.THE TOWN CURRENTLY CONTRACTS WITH CWD FOR WASTE DISPOSAL SERVICES. THEY MAY BE CONTACTED AT 972-392-9300. OPEN SPACE NOTE: 7% OF NET LOT AREA IS REQUIRED TO BE PROVIDED AS OPEN SPACE. THE FOLLOWING SHALL NOT BE INCLUDED: VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS, AND DETENTION PONDS. EXHIBIT B24'18'10'20.1'9'24'R 3 0 'R30'30'36' PROP. BFR PROP. BFR PROPOSED 6' WIDE MEANDERING SIDEWALK FIRE HYD. BY OTHERS FIRE HYD. BY OTHERS PROP. HEADLIGHT SCREENING CWD TRASH ENCLOSURE PROP. FH. FIRE HYD. BY OTHERS R15' R 2 0 ' 20.1'20'20.1' 6.13' 74.34'84.25'12'6'12'158.75'72.87' 18'20' R15'R20' R 2 0 'R20'R20'R20.5' R20.5'R20.5 'R32.5 ' R 2 0 . 5 ' R 1 0 ' R3'R2'R20' R20'R5'R5'10' EXISTING DRAINAGE STRUCTURE 14.5 ' 10' RETAINING WALL WITH HANDRAIL BY OTHERS RETAINING WALL WITH HANDRAIL BY OTHERS BFR BY OTHERS BFR BY OTHERS 5' LANDSCAPE SETBACK10' LANDSCAPE SETBACK PROPOSED RESTAURANT W/DRIVE-THRU 45-97 4,117 SF 15' LANDSCAPE & ACCESS EASEMENT30' LANDSCAPE EASEMENT PROPOSED 6' WIDE MEANDERING SIDEWALK FIRE HYD. BY OTHERS 9' 9'20'20'9' CONCRETE PVMT. PER TOWN STDS. PROP. MONUMENT SIGN EX. 30' WIDE FIRE LANE, ACCESS, AND UTILITY ESMT. PROPOSED 15' WATER ESMT. 26.16'20'94.83'18' 50.65'129.52'169.86'ROW DEDICATION BFR BY OTHERS BFR BY OTHERS R10'R2'R5' R 1 0 'R2'1 0 'R2 8 ' R48' 31 CIRS (21) LAN HOR 1 gal. (1) ULM CRA 3" Cal. (2) SAL GRE 1 gal. (15) PEN HAM 1 gal. (3) ILE BU2 5 gal. (3) SAL GRE 1 gal. (1) ULM CRA 3" Cal. (10) BOU BLO 1 gal. (19) NAS TEN 1 gal. (2) HES PAR 5 gal. (3) SPI REE 3 gal. (12) PEN HAM 1 gal. (1) ULM CRA 3" Cal. (2) SAL GRE 1 gal. (1) QUE TEX 3" Cal. (8) BOU BLO 1 gal. (1) LEU FFI 5 gal. (1) QUE TEX 3" Cal. (1) SAL GRE 1 gal. (3) SAL GRE 1 gal. (75) LAN HOR 1 gal. (26) LAN HOR 1 gal. (5) SPI REE 3 gal. (18) PEN HAM 1 gal. (10) SAL GRE 1 gal. (1) QUE TEX 3" Cal. (1) CER TXA 3" Cal. (15) BOU BLO 1 gal. (6) SAL GRE 1 gal. (22) PEN HAM 1 gal. (9) SPI REE 3 gal. (1) QUE TEX 3" Cal. (150) LAN HOR 1 gal. (1) CER TXA 3" Cal. (6) BOU CUR 1 gal. (1) ULM CRA 3" Cal. (3) PEN HAM 1 gal. (1) ULM CRA 3" Cal. (16) LAN HOR 1 gal. (3) SPI REE 3 gal. (22) LAN HOR 1 gal. (5) SPI REE 3 gal.30'-0"LANDSCAPEEASEMENT100'-09"27'-1112"HEALIGHT SCREEENING HEADLIGHT SCREENINGHEADLIGHT SCREENING(7) QUE TEX 3" Cal. (5) BOU BLO 1 gal. (4) LEU FFI 5 gal. (4) SAL GRE 1 gal. DECOMPOSED GRANITE (4) ABE EDG 5 gal. (11) LEU FFI 5 gal. (3) PEN HAM 1 gal. (6) CHI LIN 3" Cal. (1) ULM CRA 3" Cal. (3) ILE BU2 5 gal. (3) LEU FFI 5 gal. (7) QUE TEX 3" Cal. (8) SAL GRE 1 gal. (58) NAS TEN 1 gal. (3) LEU FFI 5 gal. (8) HES PAR 5 gal. (10) BOU BLO 1 gal. (5) SAL GRE 1 gal. (9) ABE EDG 5 gal. (10) ILE BU2 5 gal. (6) QUE TEX 3" Cal. (12) ABE EDG 5 gal. (10) ILE BU2 5 gal. (10) ABE EDG 5 gal. (3) ULM CRA 3" Cal. (10) ILE BU2 5 gal. (10) ABE EDG 5 gal. (10) ILE BU2 5 gal. (10) ABE EDG 5 gal. (18) LEU FFI 5 gal. (7) ABE EDG 5 gal. (1) QUE TEX 3" Cal. (81) ABE EDG 5 gal. (52) ABE EDG 5 gal. (50) ILE BU2 5 gal. (36) ILE NEL 10 gal. Scale 1" = 20' 10'40'20'0' PLANT LEGEND STEEL EDGING BETWEEN TURF AND SHRUBS (TYP.) GENERAL GRADING AND PLANTING NOTES 1. BY SUBMITTING A PROPOSAL FOR THE LANDSCAPE PLANTING SCOPE OF WORK, THE CONTRACTOR CONFIRMS THAT HE HAS READ, AND WILL COMPLY WITH, THE ASSOCIATED NOTES, SPECIFICATIONS, AND DETAILS WITH THIS PROJECT. 2. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN). 3. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 4. ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS, ETC.). a. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE. b.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS). c. THE CONTRACTOR SHALL, AT A MINIMUM, PROVIDE REPRESENTATIVE PHOTOS OF ALL PLANTS PROPOSED FOR THE PROJECT. THE CONTRACTOR SHALL ALLOW THE LANDSCAPE ARCHITECT AND THE OWNER/OWNER'S REPRESENTATIVE TO INSPECT, AND APPROVE OR REJECT, ALL PLANTS DELIVERED TO THE JOBSITE. REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS FOR SUBMITTALS. 5. THE CONTRACTOR SHALL MAINTAIN THE LANDSCAPE IN A HEALTHY CONDITION FOR 90 DAYS AFTER ACCEPTANCE BY THE OWNER. REFER TO SPECIFICATIONS FOR CONDITIONS OF ACCEPTANCE FOR THE START OF THE MAINTENANCE PERIOD, AND FOR FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD. 6. SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS. ABELIA X 'EDWARD GOUCHER'ABE EDG BOUTELOUA CURTIPENDULABOU CLR CER TXA CERCIS CANADENSIS TEXENSIS 3" cal., 8'-10' high CHI LIN CHILOPSIS LINEARIS QUE TEX QUERCUS TEXANA ULM CRA ULMUS CRASSIFOLIA HES PAR HESPERALOE PARVIFLORA ILE NAN ILEX CORNUTA 'BURFORDII' LEU FFI LEUCOPHYLLUM FRUTESCENS 'SAN ANTONIO ROSE' SPI REE SPIRAEA CANTONIENSIS BOU GLO BOUTELOUA GRACILIS 'BONDE AMBITION' NAS TEN NASSELLA TENUISSIMA PEN HAM PENNISETUM ALOPECUROIDES 'HAMELN' SAL GRE SALVIA GREGGII #5 cont. #1 cont. EDWARD GOUCHER ABELIA SIDE OATS GRAMA TEXAS REDBUD DESERT WILLOW TEXAS RED OAK CEDAR ELM RED YUCCA BURFORD HOLLY SAN ANTONIO ROSE TEXAS SAGE BRIDAL WREATH SPRIEA BLONDE AMBITION BLUE GRAMA MEXICAN FEATHER GRASS HAMELN FOUNTAIN GRASS AUTUMN SAGE BOTANIC NAMESYMBOL COMMON NAME MIN. SIZE AS SHOWN 36" O.C. 60" O.C. 36" O.C. 36" O.C. 48" O.C. 36" O.C. 36" O.C. 36" O.C. 36" O.C. 48" O.C. 2 9 25 9 189 10 97 41 25 13 50 77 74 45 SPACING QUANTITY REMARKS NOTE: ALL TREES SHALL BE CONTAINER-GROWN, CONTAINER SIZE AS APPROPRIATE FOR THE CALIPER SPECIFIED. SEE SPECIFICATIONS FOR PROPER ROOT QUALITY. LANDSCAPE CALCULATIONS PERIMETER TREES FRONTIER PARKWAY FRONTAGE LENGTH:191 LF STREET TREES REQUIRED:7 TREES (1 PER 30 LF OF FRONTAGE) 191 30 = 6.37 STREET TREES PROVIDED:7 TREES SHRUBS REQUIRED 96 SHRUBS (15 SHRUBS PER 30 LF OF FRONTAGE)6.37x15= 95.55 SHRUBS PROVIDED:102 SHRUBS EASTERN STREET BOUNDARY FRONTAGE LENGTH:252 LF (MINUS DRIVEWAY LENGTHS) STREET TREES REQUIRED:9 TREES (1 PER 30 LF OF FRONTAGE)252 30 =8.4 STREET TREES PROVIDED:9 TREES SHRUBS REQUIRED 126 SHRUBS (15 SHRUBS PER 30 LF OF FRONTAGE)8.4x15=126 SHRUBS PROVIDED: WESTERN PROPERTY BOUNDARY FRONTAGE LENGTH:190 LF STREET TREES REQUIRED:7 TREES (1 PER 30 LF OF FRONTAGE)190 30 =6.33 STREET TREES PROVIDED:7 TREES SHRUBS REQUIRED:95 SHRUBS (15 SHRUBS PER 30 LF OF FRONTAGE)6.33x15=95 SHRUBS PROVIDED:36* DUE TO SITE CONSTRICTIONS W/ PLANT HEIGHT INCREASE DRIVE THRU REQUIREMENTS ISLAND LENGTH:103 LF TREES REQUIRED:7 TREES (1 PER 15 LF OF ISLAND) 103 15 =6.86 TREES PROVIDED:7 TREES SHRUBS REQUIRED:35 SHRUBS ( @36" O.C.) 108 3 =34.33 SHRUBS PROVIDED:94 SHRUBS INTERIOR PARKING REQUIRED LANDSCAPE AREA:15 SF PER EACH PARKING STALL TREES PROVIDED:615 SF REQUIRED / 4,465 PROVIDED TREES REQUIRED :1 TREE PER 10 PARKING STALLS TREES PROVIDED:4.1 TREES REQUIRED / 5 TREES PROVIDED HEADLIGHT SCREENING:SHRUBS @ 36" O.C. FULL LENGTH OF PARKING - 415 LF SHRUBS PROVIDED:139 (415 3 =138.33) TURF AND SEED PERENNIALS AND ORNAMENTAL GRASSES TREES SHRUBS Common Bermuda Grass 19,775 SF- - -SodCynodon 'TifTuf' DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 3" cal., 8'-10' high AS SHOWN 3" cal., 10'-12' high AS SHOWN 3" cal., 10'-12' high AS SHOWN #5 cont. #5 cont. #5 cont. #3 cont. #1 cont. #1 cont. #1 cont. #1 cont. LAN HOR LANTANA HORRIDA TEXAS LANTANA 24" O.C. 310#1 cont. 06/04/2023 C AGGREGATE / STEEL EDGING ASTM C136 - or Equivalent 1,272 SF4" DepthAggregateDecomposed Granite ASTM C136 - or Equivalent 1,272 LFEdgingSteel Edging HEALIGHT SCREENINGTOWN OF PROSPER LANDSCAPE GENERAL NOTES: ·PLANT MATERIAL SHALL BE MEASURED AND SIZED ACCORDING TO THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1) ·ALL PLANT SUBSTITUTIONS ARE SUBJECT TO TOWN APPROVAL AND MUST BE SPECIFIED ON THE APPROVED LANDSCAPE PLAN. ·GROUND COVERS USED IN LIEU OF TURF GRASS MUST PROVIDED COMPLETE COVERAGE WITHIN ONE (1) YEAR OF PLANTING AND MAINTAIN ADEQUATE COVERAGE AS APPROVED BY THE TOWN. ·TREES MUST BE PLANTED FOUR (4) FEET OR GREATER FROM CURBS, SIDEWALKS, UTILITY LINES, SCREENING WALLS, AND ALL STRUCTURES. SINGLE-TRUNK TREES SHALL HAVE A SINGLE, STRAIGHT LEADER, AND ALL TREES SHALL BE FULL, WITH BALANCED CANOPY. MAJOR DAMAGE TO TRUNK(S), OR BRANCHES, WILL BE CAUSE FOR DENIAL. ·ALL ROOT FLARES SHALL BE SET AT THREE(3) TO FOUR (4) INCHES ABOVE SURROUNDING GRADE ·THE TREE PIT SHALL BE BACKFILLED WITH NATIVE TOPSOIL FREE OF ROCK AND OTHER DERIS. ·BURLAP, TWINE, AND WIRE BASKETS SHALL BE SEVERED AND REMOVED FROM THE TOP OF THE ROOT BALL. ·A 3"-4" LAYER OF MULCH SHALL BE PROVIDED AROUND THE BASE OF THE PLANTED TREE. THE MULCH SHALL BE PULLED BACK 1"-2" FROM THE TRUNK OF THE TRREE. ·NO PERSON(S) OR ENTITY MAY USE IMPROPER OR MALICIOUS MAINTENANCE OR PRUNING TECHNIQUES INCLUDING, BUT NOT LIMITED TO,: TOPPING OR OTHER NON SYMMETRICAL TRIMMING OF TREES, DAMAGE FROM A BACKHOE, CAUSE OF FIRE OR POISON. FOLLOW THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1) GUIDELINES ON PRUNING AND MAINTENANCE. ·TOPSOIL SHALL BE A MINIMUM OF EIGHT (8) INCHES IN DEPTH IN PLANTING AREAS. SOIL SHALL BE FREE OF STONES, ROOTS, AND CLODS AND ANY OTHER FOREIGN MATERIAL THAT IS NOT BENEFICIAL FOR PLANT GROWTH. ·ALL PLANT BEDS SHALL BE TOP-DRESSED WITH A MINIMUM OF THREE (3) INCHES OF MULCH. ·TREES OVERHANGING WALKS AND PARKING SHALL HAVE A MINIMUM CLEAR BRANCH HEIGHT OF SEVEN (7) FEET. TREES OVERHANGING PUBLIC STREET PAVEMENT DRIVE AISLES AND FIRE LANES SHALL HAVE A MINIMUM CLEAR BRANCH HEIGHT OF FOURTEEN (14) FEET. ·A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS, WHERE SHRUBS ARE NOT TO EXCEED THIRTY (30) INCHES IN HEIGHT, AND TREES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF NINE (9) FEET. ·TREES PLANTED ON A SLOPE SHALL HAVE THE TREE WELL AT THE AVERAGE GRADE OF THE UPHILL SLOPE. ·ALL AREAS OF LESS THAN THREE (3) FEET IN WIDTH SHALL BE GRASS, GROUNDCOVER, OR SOME TYPE OF DECORATIVE RIVER ROCK, PAVERS, OR CONCRETE. ·THE OWNER, TENANT, AND/OR THEIR AGENTS, IF ANY, SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE, ESTABLISHMENT, AND PERMANENCE OF PLANT MATERIAL. ALL LANDSCAPING SHALL BE MAINTAINED IN A NEAT AND ORDERLY AT ALL TIMES INCLUDING, BUT NOT LIMITED TO, MOWING, EDGING, PRUNING, FERTILIZING, WATERING, DE-WEEDING, AND TRASH REMOVAL. ·PLANT MATERIAL THAT IS DAMAGED, DESTROYED, OR REMOVED SHALL BE REPLACED WITH PLANTS MEETING MINIMUM SPECIFICATIONS PER LANDSCAPE PLAN. ALL TURF/GROUND COVER AREAS TO BE ESTABLISHED PRIOR TO RECEIPT OF CERTIFICATE OF OCCUPANCY, UNLESS OTHERWISE APPROVED BY THE TOWN. ·AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED TO IRRIGATE ALL LANDSCAPE AREAS INTO STREETS, SIDEWALKS, OR ALLEYS. ·NO PLANTING AREA S SHALL EXCEED 3:1 SLOPE (3 FT HORIZONTAL TO 1 FT VERTICAL). ·EARTHEN BERMS SHALL NOT INCLUDE CONSTRUCTION DEBRIS. ·ALL WALKWAYS SHALL MEET ADA AND TAS REQUIREMENTS. ·LANDSCAPE INSTALLATION MUST COMPLY WITH APPROVED LANDSCAPE PLANS, AND AS-BUILT PLANS SUBMITTED TO PARKS AND RECREATION, PRIOR TO FINAL ACCEPTANCE BY THE TOWN AND/OR OBTAINING A CERTIFICATE OF OCCUPANCY. ·FINAL INSPECTION AND APPROVAL OF SCREENING WALLS, IRRIGATION, AND LANDSCAPE IS SUBJECT TO ALL PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO MANHOLES, VALVES, WATER METERS, CLEANOUTS, AND OTHER APPURTENANCES BEING ACCESSIBLE, ADJUSTED TO GRADE, AND TO THE TOWN OF PROSPER PUBLIC WORKS DEPARTMENT STANDARDS. ·IMPORTANT: MINIMUM STANDARDS FOR PLANTS, AS SET FORTH IN THE ZONING ORDINANCE AND APPROVED LANDSCAPE PLANS ARE TAKEN SERIOUSLY BY THE TOWN AND PARKS AND RECREATION. INSTALLING INFERIOR PLANTS WITHOUT WRITTEN APPROVAL FROM A PARKS REPRESENTATIVE MAY RESULT IN REJECTION OF SOME OR ALL PLANTS, THEREBY DELAYING RECEIPT OF A CERTIFICATE OF OCCUPANCY. ARCHITECTS AND LANDSCAPE CONTRACTORS ARE STRONGLY ENCOURAGED TO NOTIFY THE PARKS DEPARTMENT TO DISCUSS POSSIBLE DEFICIENCIES PRIOR TO INSTALLATION. ·CALL PARKS AND RECREATION AT (972-569-1160) AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE FOLLOWING INSPECTIONS" ··PROPOSED TRAIL ALIGNMENT ··BERM CONSTRUCTION & GRADING ··ESCROW RELEASE ··FINAL INSPECTION ILE NEL ILEX X 'NELLIE R. STEVENS'NELLIE R. STEVENS HOLLY 48" O.C. 36#10 cont.EXHIBIT C32 PLANT SPACING SCALE: NTSC 4 X 2X 3 2 1 5 6 7 4 1 2 3 SHRUB, PERENNIAL, OR ORNAMENTAL GRASS. MULCH, TYPE AND DEPTH PER PLANS. PLACE NO MORE THAN 1" OF MULCH WITHIN 6" OF PLANT CENTER. FINISH GRADE. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. ROOT BALL. UNDISTURBED NATIVE SOIL. 3" HIGH EARTHEN WATERING BASIN. 5 6 7 SHRUB AND PERENNIAL PLANTING SCALE: NTSB 8 WEED FABRIC UNDER MULCH. 8 PLANTING SPECIFICATIONS FINISH GRADE.4 4 3 2 1 NOTES: 1) INSTALL EDGING SO THAT STAKES WILL BE ON INSIDE OF PLANTING BED. 2) BOTTOM OF EDGING SHALL BE BURIED A MINIMUM OF 1" BELOW FINISH GRADE. 3) TOP OF MULCH SHALL BE 1" LOWER THAN TOP OF EDGING. MULCH, TYPE AND DEPTH PER PLANS.3 TAPERED STEEL STAKES.2 ROLLED-TOP STEEL EDGING PER PLANS.1 D SCALE: NOT TO SCALE STEEL EDGING TURF (WHERE SHOWN ON PLAN).4 PLANT.3 MULCH LAYER.2 CURB.1 1 432 OF MATURE CANOPY 24" MIN. TO EDGE DISTANCE PER PLAN E SCALE: NOT TO SCALE PLANTING AT PARKING AREA TREE PLANTING SCALE: NOT TO SCALEA PLANT CENTER (TYP.)EQUALEQUALEQUALEDGE OF PLANTING AREA EQUAL NOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS. 1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA: TOTAL AREA / AREA DIVIDER = TOTAL PLANTS PLANT SPACING AREA DIVIDER PLANT SPACING AREA DIVIDER 6"0.22 18"1.95 8"0.39 24"3.46 10"0.60 30"5.41 12"0.87 36"7.79 15"1.35 2) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THE PLANTED AREA WITH THE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANT SPACING = TOTAL PLANT SUBTRACTION EXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETER STEP 1: 100 SF/1.95 = 51 PLANTS STEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL 5 6 7 4 1 8 9 11 10 12 PREVAILING WINDS NOTES: 1. SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE. 2. REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE ROOT FLARE IS 2"-4" ABOVE FINISH GRADE. 3. FOR B&B TREES, CUT OFF BOTTOM 1/3 OF WIRE BASKET BEFORE PLACING TREE IN HOLE, CUT OFF AND REMOVE REMAINDER OF BASKET AFTER TREE IS SET IN HOLE, REMOVE ALL NYLON TIES, TWINE, ROPE, AND OTHER PACKING MATERIAL. REMOVE AS MUCH BURLAP FROM AROUND ROOTBALL AS IS PRACTICAL. 4. REMOVE ALL NURSERY STAKES AFTER PLANTING. 5. FOR TREES 36" BOX/2.5" CAL. AND LARGER, USE THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE. 6. STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT IN WIND. 1 2 3 TREE CANOPY. CINCH-TIES (24" BOX/2" CAL. TREES AND SMALLER) OR 12 GAUGE GALVANIZED WIRE WITH NYLON TREE STRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREES AND LARGER). SECURE TIES OR STRAPS TO TRUNK JUST ABOVE LOWEST MAJOR BRANCHES. GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO UNDISTURBED SOIL. 24" X 3/4" P.V.C. MARKERS OVER WIRES. PRESSURE-TREATED WOOD DEADMAN, TWO PER TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND 18" MIN. INTO UNDISTURBED SOIL. MULCH, TYPE AND DEPTH PER PLANS. DO NOT PLACE MULCH WITHIN 6" OF TRUNK. FINISH GRADE. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. ROOT BALL. UNDISTURBED NATIVE SOIL. 4" HIGH EARTHEN WATERING BASIN. TRUNK FLARE. CONIFEROUS TREE PREVAILING WINDS STAKING EXAMPLES (PLAN VIEW) 2 4 6 7 8 9 10 11 1 4 3X ROOTBALL DIA. 5 2 3 5 12 NON-CONIFEROUS TREE 13 13 FINISH GRADE. ROOT BARRIER - PLAN VIEW SCALE: NOT TO SCALEF GENERAL A. QUALIFICATIONS OF LANDSCAPE CONTRACTOR 1. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING. 2. A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. 3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXAS DEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSE ISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD. 3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID CONTRACTOR'S LICENSE ISSUED BY THE APPROPRIATE LOCAL JURISDICTION. B. SCOPE OF WORK 1. WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS. 2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. 3. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. PRODUCTS A. ALL MANUFACTURED PRODUCTS SHALL BE NEW. B. CONTAINER AND BALLED-AND-BURLAPPED PLANTS: 1. FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL-SHAPED, FULLY BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS. 2. ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). 3. TREES MAY BE PLANTED FROM CONTAINERS OR BALLED-AND-BURLAPPED (B&B), UNLESS SPECIFIED ON THE PLANTING LEGEND. BARE-ROOT TREES ARE NOT ACCEPTABLE. 4. ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL. 5. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING. 6. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER. 7. MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. WHERE CALIPER MEASUREMENTS ARE USED, THE CALIPER SHALL BE CALCULATED AS ONE-HALF OF THE SUM OF THE CALIPER OF THE THREE LARGEST TRUNKS. 8. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. C. SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. D. TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS, AND SEEDS. E. COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL-BASED PRODUCTS SHALL BE USED. F. FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTING AGENCY (SEE BELOW). G. MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OF TREES AND SHRUBS. H. TREE STAKING AND GUYING 1. STAKES: 6' LONG GREEN METAL T-POSTS. 2. GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER. 3. STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE. L. STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL. M. PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. METHODS A. SOIL PREPARATION 1. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. 2. SOIL TESTING: a. AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES FROM THE PROJECT'S LANDSCAPE AREAS TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY. EACH SAMPLE SUBMITTED TO THE LAB SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL, TAKEN FROM BETWEEN THE SOIL SURFACE AND 6" DEPTH. IF NO SAMPLE LOCATIONS ARE INDICATED ON THE PLANS, THE CONTRACTOR SHALL TAKE A MINIMUM OF THREE SAMPLES FROM VARIOUS REPRESENTATIVE LOCATIONS FOR TESTING. b. THE CONTRACTOR SHALL HAVE THE SOIL TESTING LABORATORY PROVIDE RESULTS FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. c. THE CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOIL SAMPLES. d. THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (AS APPROPRIATE): SEPARATE SOIL PREPARATION AND BACKFILL MIX RECOMMENDATIONS FOR GENERAL ORNAMENTAL PLANTS, XERIC PLANTS, TURF, AND NATIVE SEED, AS WELL AS PRE-PLANT FERTILIZER APPLICATIONS AND RECOMMENDATIONS FOR ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE. 3. THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT. 4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING: a. TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. PREPLANT TURF FERTILIZER (10-20-10 OR SIMILAR, SLOW RELEASE, ORGANIC) - 15 LBS PER 1,000 S.F. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE b. TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. 12-12-12 FERTILIZER (OR SIMILAR, ORGANIC, SLOW RELEASE) - 10 LBS. PER CU. YD. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE iv. IRON SULPHATE - 2 LBS. PER CU. YD. 5. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 6. ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL. B. SUBMITTALS 1. THE CONTRACTOR SHALL PROVIDE SUBMITTALS AND SAMPLES, IF REQUIRED, TO THE LANDSCAPE ARCHITECT, AND RECEIVE APPROVAL IN WRITING FOR SUCH SUBMITTALS BEFORE WORK COMMENCES. 2. SUBMITTALS SHALL INCLUDE PHOTOS OF PLANTS WITH A RULER OR MEASURING STICK FOR SCALE, PHOTOS OR SAMPLES OF ANY REQUIRED MULCHES, AND SOIL TEST RESULTS AND PREPARATION RECOMMENDATIONS FROM THE TESTING LAB (INCLUDING COMPOST AND FERTILIZER RATES AND TYPES, AND OTHER AMENDMENTS FOR TREE/SHRUB, TURF, AND SEED AREAS AS MAY BE APPROPRIATE). 3. SUBMITTALS SHALL ALSO INCLUDE MANUFACTURER CUT SHEETS FOR PLANTING ACCESSORIES SUCH AS TREE STAKES AND TIES, EDGING, AND LANDSCAPE FABRICS (IF ANY). 4. WHERE MULTIPLE ITEMS ARE SHOWN ON A PAGE, THE CONTRACTOR SHALL CLEARLY INDICATE THE ITEM BEING CONSIDERED. C. GENERAL PLANTING 1. REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS. 2. EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE. 3. TRENCHING NEAR EXISTING TREES: a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). b. ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. c. ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. d. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. D. TREE PLANTING 1. TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES. 2. SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE. 3. FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL. 4. INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHES ABOVE THE SURROUNDING GRADE. 5. BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON-SITE OR IMPORT ADDITIONAL TOPSOIL FROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURAL CLASS AND COMPOSITION IN THE ON-SITE SOIL. 6. TREES SHALL NOT BE STAKED UNLESS LOCAL CONDITIONS (SUCH AS HEAVY WINDS OR SLOPES) REQUIRE STAKES TO KEEP TREES UPRIGHT. SHOULD STAKING BE REQUIRED, THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES: a. 1"-2" TREES TWO STAKES PER TREE b. 2-1/2"-4" TREES THREE STAKES PER TREE c. TREES OVER 4" CALIPER GUY AS NEEDED d. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TO STABILIZE THE TREE e. #15 CONT. - 24" BOX TREES TWO STAKES PER TREE f. 36"-48" BOX TREES THREE STAKES PER TREE g. OVER 48" BOX TREES GUY AS NEEDED h. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TO STABILIZE THE TREE 7. UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTH PER PLANS). E. SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING 1. DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS. 2. INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THE WEED BARRIER CLOTH IN PLACE. 3. WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS, COVERING THE ENTIRE PLANTING AREA. F. SODDING 1. SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN. 2. LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN. 3. LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES. 4. ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH. 5. WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD. G. MULCH 1. INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING AREAS AND TREE RINGS. 2. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE AND WITHIN 24" OF HABITABLE STRUCTURES, EXCEPT AS MAY BE NOTED ON THESE PLANS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL. J. CLEAN UP 1. DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2. DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. K. INSPECTION AND ACCEPTANCE 1. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 2. WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 3. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. L. LANDSCAPE MAINTENANCE 1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. 2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF PLANTS AT NO ADDITIONAL COST TO THE OWNER. 3.TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. M. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS 1. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY. 2. AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS. N. PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. TYPICAL CURB AND GUTTER TYPICAL PLANTING AREA LINEAR ROOT BARRIER MATERIAL. SEE PLANTING NOTES FOR TYPE AND MANUFACTURER. INSTALL PER MANUFACTURER'S SPECIFICATIONS. TREE CANOPY TREE TRUNK TYPICAL WALKWAY OR PAVING1 2 3 4 5 6 1 4 2 3 5 65'5'5'5'OPEN LANDSCAPE TO 10' PARKWAY OR ISLAND NOTES: 1) INSTALL ROOT BARRIERS NEAR ALL NEWLY-PLANTED TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. 2) BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE THAT COMPLETELY ENCIRCLE THE ROOTBALL. DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 06/04/2023 C EXHIBIT C33 30'-0"LANDSCAPEEASEMENT100'-0916"27'-1112"HEALIGHT SCREEENING HEADLIGHT SCREENINGHEADLIGHT SCREENING4 4 88 6 10 01 01 21 8 10 12 15 81 51 15 1512 1010 88 66 5 5 5 5 44 44 4 4 4 44 44 5 5 5 5 6 6 8 8 8 8 8 8 8 8 8 6 6 6 1010 1212 1551 1551 1221 1001 88 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.51.51.51.51.51.51.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.51.51.51.51.51.5 M BF FS 3 4" 3 4" 3 4"3 4" 3 4" 3 4" 3 4"3 4"3 4" 1" 1"3 4" 3 4" 3 4" 1"3 4" 3 4" 1"3 4" 1" 1" 3 4" 1" 1" 3 4" 1" 1" 3 4" 1" 1" 114" 3 4" 3 4" 1"114" 112" 1"3 4" 1" 3 4" 3 4" 1" 1"114" 1" 3 4" 3 4" 1" 3 4" 1" 3 4" 114" 3 4" 3 4" 1" 3 4" 1"114"114" 3 4" 3 4" 1" 3 4" 1" C RFS MV 1 7.091"1 2 4.591" 2 3 8112" 3 4 6.251" 4 5 61" 5 6 16.6112" 6 7 22.1112" 7 8 1.861" 8 9 21112" 9 10 4.651" 10 11 4.851" 11 12 8.291" 12 13 241" 13 14 4.121" 14 15 24.41"15 16 7.541" 16 17 18112" 17 18 19.2112" 18 19 15.71" 19 2" 112" 112"2" 112" 112" 114" 114" 3 4"4" 3 4"3 4" 4" 112" 4" 2"4" 1" 4" 4" 6" 2" 4" 4" 4" 1" 1" 1" 1" 1" 2" 112"3 4"1" 3 4" 114" SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird RD-04-P30-F 5 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 8 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 10 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 12 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 15 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F ADJ Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird 1804-5 Series Stream Stream Bubbler 4.0in. popup. SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird 5004-PC-LA 1.5 Turf Rotor, 4.0in. Pop-Up, Plastic Riser. Adjustable to Full Circle. Low Angle Nozzle. SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird XCZ-100-IVMQ 1" Wide Flow IVM Drip Control Kit for Commercial Applications. 1in. Ball Valve with 1in. PESBIVM Smart Valve w/ factory installed IVM-SOL 0.3-20 gpm and 1in. Pressure Regulating 40psi Quick-Check Basket Filter 0.3-20 gpm Area to Receive Dripline Rain Bird XFCV-06-18 XFCV On-Surface Landscape Dripline with a Heavy-Duty 3.5 psi Check Valve. 0.6 GPH emitters at 18" O.C. Dripline laterals spaced at 18" apart, with emitters offset for triangular pattern. Great for elevation change. Specify XF insert fittings. Area to Receive Dripline Rain Bird XFS-CV-06-12 XFS-CV Sub-Surface and On-Surface Landscape Dripline with a Heavy-Duty 4.3 psi Check Valve. 0.6 GPH emitters at 12" O.C. Dripline laterals spaced at 12" apart, with emitters offset for triangular pattern. Specify XF insert fittings. SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird PGA Globe 1" 1in., 1-1/2in., 2in. Electric Remote Control Valve, Globe. Rain Bird PGA Globe 1-1/2" 1in., 1-1/2in., 2in. Electric Remote Control Valve, Globe. Shut Off Valve Rain Bird 300-BPES Globe 3" 3in. Brass Master Valve, with Globe Configuration. With a Patented Nylon Scrubber that Scrapes a Stainless Steel Screen to Prevent Debris Build-Up and Clogging. Febco 825YA 2" Reduced Pressure Backflow Preventer Rain Bird ESPLXME2P w/ (1) ESPLXMSM12 24 Station, Traditionally-Wired , PRO Smart, Commercial Controller. (1) ESPLXME2P 12-Station, PRO Smart, (Module Included) Indoor/Outdoor, Plastic Wall-Mount Enclosure w/ (1) ESPLXMSM12 - 12-Station Expansion Modules. Rain Bird WR2-RFC Wireless Rain and Freeze Sensor Combo, includes 1 receiver and 1 rain/freeze sensor transmitter. Rain Bird FS-100-B 1in. Flow Sensor, Brass Model. Suggested Operating Range 2.0 GPM to 40.0 GPM. Size for Flow Not According to Pipe Size. Rain Bird Compatible Controllers: ESP-LXIVM(P) | LXD | LXME2(P) | ME3, or Controllers Accepting Custom K-Factor and Offset. Install in Rain Bird Valve Box. Water Meter 2" Irrigation Lateral Line: PVC Class 200 SDR 21 3 4" - 1-1/2" Irrigation Mainline: PVC Schedule 40 - SEE PLANS FOR SIZE Pipe Sleeve: PVC Schedule 40 - SEE PLAN FOR SIZE Q H F 5 5 5 FHTQ 8 8 8 8 Q T H F 10 10 10 10 Q TQ FHT 12 12 12 12 12 Q TQ FHT 15 15 15 15 15 10468 12 15 18 4 6 8 01 21 51 81 CST Q H F 1.5 MV BF C RFS FS M Valve Number Valve Flow Valve Size Valve Callout # ##" IRRIGATION SCHEDULE Generated:2023-07-17 00:35 P.O.C. NUMBER: 01 Water Source Information: FLOW AVAILABLE Water Meter Size:2" Flow Available 120 GPM PRESSURE AVAILABLE Static Pressure at POC:65 PSI Elevation Change:3.00 ft Service Line Size:3" Length of Service Line:5 ft Pressure Available:63 PSI DESIGN ANALYSIS Maximum Station Flow:24.35 GPM Flow Available at POC:120 GPM Residual Flow Available:95.65 GPM Critical Station:7 Design Pressure:35 PSI Friction Loss:2.33 PSI Fittings Loss:0.23 PSI Elevation Loss:0 PSI Loss through Valve:1.9 PSI Pressure Req. at Critical Station:39.5 PSI Loss for Fittings:0.19 PSI Loss for Main Line:1.85 PSI Loss for POC to Valve Elevation:0 PSI Loss for Backflow:12.3 PSI Loss for Master Valve:6.6 PSI Loss for Water Meter:0.48 PSI Critical Station Pressure at POC:60.8 PSI Pressure Available:63 PSI Residual Pressure Available:2.15 PSI CRITICAL ANALYSIS IRRIGATION DISCLAIMER THIS DESIGN IS DIAGRAMMATIC. ALL PIPING, VALVES, AND OTHER EQUIPMENT SHOWN WITHIN PAVED AREAS OR OUT OF PROPERTY BOUNDARIES ARE FOR DESIGN CLARIFICATION ONLY, AND SHALL BE INSTALLED IN PLANTING AREAS WITHIN THE PROPERTY LINES OR LIMITS INDICATED ON PLAN. THE IRRIGATION CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL ABOVE-GRADE IRRIGATION EQUIPMENT WITH THE OWNER'S AUTHORIZED REPRESENTATIVE PRIOR TO INSTALLATION, OR IRRIGATION CONTRACTOR MAY BE REQURED TO MOVE SUCH ITEMS AT HIS OWN COST. IRRIGATION CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL FINAL QUANTITIES PER DRAWINGS AND SPECIFICATIONS. ANY QUANTITIES PROVIDED ARE PROVIDED AS A CONVENIENCE TO THE CONTRACTOR ONLY AND SHALL NOT BE CONSIDERED ABSOLUTE. POINT OF CONNECTION CONNECT MAINLINE DOWNSTREAM OF 2" WATER METER (BY OTHERS). VERIFY LOCATION IN FIELD. CONTROLLER NOTE LOCATE CONTROLLER AT LOCATION SHOWN ON PLAN. VERIFY LOCATION IN FIELD WITH OWNER'S REPRESENTATIVE. 120 VAC POWER TO CONTROLLER LOCATION IS NOT WITHIN THE IRRIGATION CONTRACTOR'S SCOPE OF WORK, AND SHALL BE PROVIDED BY OTHERS. HOOK-UP OF CONTROLLER TO 120 VAC SHALL BE PERFORMED BY THE IRRIGATION CONTRACTOR. IRRIGATION CONTRACTOR SHALL COORDINATE LOCATION OF WIRE SLEEVE PENETRATIONS THROUGH BUILDING WITH OWNER AND GENERAL CONTRACTOR. STATION RUN ORDER SHALL MATCH PLANS. IN ADDITION TO PROVIDING SLEEVES FOR ALL PIPING UNDER ROADWAYS AND WALKWAYS, THE IRRIGATION CONTRACTOR SHALL PROVIDE AND INSTALL SCH. 40 PVC SLEEVES FOR ALL CONTROLLER WIRES OCCURRING UNDER ALL ROADWAYS AND WALKWAYS. SLEEVES FOR CONTROLLER WIRES SHALL BE 2" DIA. AND CONTAIN NO MORE THAN 25 WIRES. SLEEVING / WIRING NOTES: STUB-OUTS FOR TEMPORARY IRRIGATION SHALL CONSIST OF THE FOLLOWING: 1)BALL VALVE IN 6" ROUND VALVE BOX 2)TWO CONTROL WIRES AND TWO COMMON WIRES RUN FROM CONTROLLER, TERMINATING IN A 36" LENGTH OF EACH WIRE COILED IN A SEPARATE 6" ROUND VALVE BOX ADJACENT TO BALL VALVE BOX CONTRACTOR SHALL PROVIDE TEMPORARY IRRIGATION FOR TREES AND SEEDED AREAS, WHICH SHALL REMAIN ACTIVE AND IN PLACE THROUGH AT LEAST ONE FULL GROWING SEASON. STUB-OUTS FOR TEMPORARY IRRIGATION DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P SAX ETFOETATS 17628 I R R IG ATORLI CEN SED CHRISTOPHER B. DAVIS 07/17/2023 LI-1 Scale 1" = 20' 10'40'20'0' 34 SAX ETFOETATS 17628 I R R IG ATORLI CEN SED CHRISTOPHER B. DAVIS IRRIGATION SPECIFICATIONS 3 4 6 7 8 5 9 10 11 13141516MAINLINE DEPTH12" MIN.12 1 2 REMOTE CONTROL VALVE SCALE: NTSE 1 2 4 5 3 6 7 9 8 10 11 12 13 14 15 16 1 2 3 5 64 11 9 8 1012 7 15 14 13 16 DRIP CONTROL ZONE KIT SCALE: NTSDMAINLINE DEPTH12" MIN.30-INCH LINEAR LENGTH OF WIRE, COILED WATERPROOF CONNECTION (ANY APPROVED) REMOTE CONTROL VALVE ASSEMBLY JUMBO PLASTIC VALVE BOX BY CARSON (OR EQUAL) TOP OF MULCH FINISHED GRADE-1" BELOW TOP OF BOX IN TURF AREAS, 2" IN SHRUB AREAS PVC UNION (2) PVC SCH 40 MALE ADAPTER (2) PVC LATERAL PIPE BRICK (1 OF 4) 3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVEL PVC MAINLINE PIPE PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) SCH. 40 PVC ELL SCH. 40 PVC TEE OR ELL SCH. 40 PVC THREADED ELL 8" MIN. 6" MIN. TO POINT OF CONNECTION - ADAPT AS NECESSARY. ALL WORK SHALL CONFORM TO ALL APPLICABLE CODES BRASS WYE STRAINER W/60 MESH SCREEN ENCLOSURE PER IRRIGATION LEGEND BACKFLOW PREVENTER UNIT BRASS UNION (TYPICAL) BRASS NIPPLES (TYPICAL) 4" CONCRETE PAD, SLOPE TO DRAIN AWAY FROM BACKFLOW PREVENTER FINISH GRADE, 2" BELOW PAD BRASS COUPLING PVC ADAPTER AND MAINLINE PIPE 12"X12"X24" THRUST BLOCK 1 2 3 4 5 6 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 1 BACKFLOW PREVENTER SCALE: NTSC12" MIN, 30" MAX(REFER TO LOCAL CODES)2 1 1 2 PARAPET OR EAVE AUTOMATIC RAIN SENSOR - INSTALL PER MANUFACTURER'S INSTRUCTIONS RAIN SENSOR, ROOF MOUNT SCALE: NTSB SCALE: NTSA GENERAL A.QUALIFICATIONS OF IRRIGATION CONTRACTOR 1.ALL WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE IRRIGATION CONTRACTING FIRM SPECIALIZING IN IRRIGATION SYSTEMS. SEE THE IRRIGATION PLAN FOR SPECIFIC EQUIPMENT AND SYSTEM LAYOUT. 2.THE IRRIGATION CONTRACTOR MUST HAVE ON ITS STAFF A TEXAS LICENSED IRRIGATOR, AS REGULATED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. A LICENSED IRRIGATOR OR LICENSED IRRIGATION INSTALLER SHALL BE PRESENT AT THE PROJECT SITE AT ALL TIMES AS WORK IS IN PROGRESS. THE OWNER MAY DEMAND THAT WORK STOP UNTIL THE CONTRACTOR PROVIDES FOR A LICENSED IRRIGATOR OR LICENSED IRRIGATION INSTALLER TO BE PRESENT AT THE PROJECT SITE AND SUPERVISING ALL IRRIGATION WORK. 3.A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. B.SCOPE OF WORK 1.WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES, FEES, AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND/OR SHOWN ON THE IRRIGATION PLANS, NOTES, AND DETAILS. 2.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. IN CASE OF CONFLICT BETWEEN THESE PLANS AND LOCAL AND/OR STATE CODES, CODES SHALL PREVAIL. 3.THE INTENT OF THE IRRIGATION SYSTEM IS TO PROVIDE 100% COVERAGE OF ALL LANDSCAPE AREAS. THE IRRIGATION PLAN IS GENERALLY DIAGRAMMATIC; COORDINATE IRRIGATION INSTALLATION WITH UTILITY INSTALLATIONS. ACTUAL LOCATION OF CONTROLLER, BACKFLOW DEVICE, PIPING, VALVES, SPRAY HEADS, DRIP IRRIGATION, AND RELATED EQUIPMENT MAY NEED TO BE ADJUSTED BASED ON ACTUAL SITE CONDITIONS. 4.FOR CLARITY PURPOSES, SOME IRRIGATION LINES AND EQUIPMENT ARE SHOWN IN HARDSCAPE AREAS WITHOUT ACCESS SLEEVES; THESE LINES SHALL BE INSTALLED IN A COMMON TRENCH OR AT THE BACK OF CURB IN LANDSCAPE AREAS. MINOR FIELD ADJUSTMENTS SHALL BE MADE AT NO ADDITIONAL COST TO THE OWNER. PRODUCTS A.ALL MATERIALS SHALL BE NEW AND WITHOUT FLAWS OR DEFECTS OF ANY TYPE AND SHALL BE THE BEST OF THEIR CLASS AND KIND. ALL MATERIALS SHALL HAVE A MINIMUM GUARANTEE OF ONE YEAR AGAINST MATERIAL DEFECTS OR DEFECTIVE WORKMANSHIP. ALL MATERIALS SHALL BE OF THE BRANDS AND TYPES NOTED ON THE DRAWINGS OR AS SPECIFIED HEREIN, OR APPROVED EQUAL. THE CONTRACTOR MUST FIRST OBTAIN APPROVAL FROM THE IRRIGATION DESIGNER FOR AN 'APPROVED EQUAL' BEFORE INSTALLING SUCH MATERIALS IN THE FIELD, OR THE CONTRACTOR MAY BE REQUIRED TO REPLACE SUCH MATERIALS AT HIS OWN COST. B.BACKFLOW PREVENTION DEVICES SHALL BE OF THE SIZE AND TYPE INDICATED ON THE DRAWINGS. INSTALL BACKFLOW PREVENTION UNITS IN ACCORDANCE WITH IRRIGATION CONSTRUCTION DETAILS AND ALL APPLICABLE STATE AND LOCAL CODES AND ORDINANCES. C.PIPING 1.PRESSURE SUPPLY LINES, DOWNSTREAM OF THE POINT-OF-CONNECTION: a.SCHEDULE 40 PVC FOR ALL PIPE 1-1/2" OR LESS b.CLASS 315 PVC FOR ALL PIPE 2" TO 2-1/2" c.CLASS 200 PVC, GASKETED, FOR ALL PIPE 3" AND LARGER 2.SLEEVING AND NON-PRESSURE LATERAL LINES (DOWNSTREAM FROM VALVES): SCHEDULE 40 PVC 3.FITTINGS: SCH. 40 PVC, EXCEPT AS NOTED OTHERWISE. D.VALVES AND DRIP VALVE ASSEMBLIES: TYPE AND SIZE AS NOTED ON PLANS. EACH VALVE SHALL BEAR A PRE-MANUFACTURED, NUMBERED WATERPROOF TAG BEARING A NUMBER CORRESPONDING TO ITS VALVE SEQUENCE OF OPERATION ON THE CONTROLLER. THE OPERATION SEQUENCE SHALL MATCH THAT AS SHOWN ON THE PLANS. E.QUICK COUPLERS, BALL VALVES, AND GATE VALVES: TYPE AND SIZE PER PLANS. F.VALVE BOXES: TYPE AND SIZE AS NOTED ON DETAILS. ALL VALVES BOXES SHALL BE LOCKING BOLT-DOWN TYPE, FURNISHED WITH LIDS AND BOLTS. BOXES SHALL BE OF A SIZE TO CONTAIN THE ENTIRE VALVE AND/OR VALVE ASSEMBLY. THE VALVE BOX LID SHALL HAVE THE VALVE STATION NUMBER HEAT-BRANDED INTO THE LID WITH 2" HIGH LETTERS. G.FIXED SPRAY HEADS AND ROTORS: PLASTIC BODY POP-UP, WITH A REMOVABLE PLASTIC SPRAY NOZZLE. EXACT TYPE, MODEL, AND NOZZLE SHALL BE AS INDICATED ON PLANS. H.INTEGRAL EMITTER DRIP TUBING: TUBING MODEL AND FLOW RATE AS NOTED ON PLANS, WITH INTEGRAL EMITTERS WELDED TO THE INSIDE WALL OF THE TUBING AS AN INTEGRAL PART OF THE TUBING ASSEMBLY. I.AUTOMATIC CONTROLLER: TYPE AND MODEL PER PLANS. PROVIDE VANDAL-PROOF ENCLOSURE FOR ALL EXTERIOR INSTALLATIONS. PROVIDE LINE-VOLTAGE DISCONNECT SWITCH WITH GROUND FAULT PROTECTION. J.24 VOLT VALVE WIRE SHALL BE A MINIMUM OF #14 GAUGE, U.F. APPROVED FOR DIRECT BURIAL, SINGLE CONDUCTOR IRRIGATION WIRE. EACH CONTROLLER SHALL HAVE A DIFFERENT COLOR STATION AND COMMON WIRE. 1.STATION WIRE - RED 2.COMMON WIRE - WHITE 3.EXTRA COMMON WIRES - BLUE K.WIRE SPLICES SHALL BE ENCASED IN A WATERPROOF COMPOUND OR GEL. ALL FIELD SPLICES SHALL BE LOCATED IN A 6 INCH ROUND VALVE BOX. L.RAIN SENSOR: TYPE AND MODEL PER PLANS. METHODS A.THIS DESIGN IS DIAGRAMMATIC. ALL PIPING, VALVES, AND OTHER EQUIPMENT SHOWN WITHIN PAVED AREAS OR OUT OF PROPERTY BOUNDARIES ARE FOR DESIGN CLARIFICATION ONLY, AND SHALL BE INSTALLED IN PLANTING AREAS WITHIN THE PROPERTY LINES OR LIMITS INDICATED ON PLAN. THE IRRIGATION CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL ABOVE-GRADE IRRIGATION EQUIPMENT WITH THE OWNER'S AUTHORIZED REPRESENTATIVE PRIOR TO INSTALLATION, OR IRRIGATION CONTRACTOR MAY BE REQURED TO MOVE SUCH ITEMS AT HIS OWN COST. ENSURE FIELD COORDINATION IS MADE EARLY ON IN THE CONSTRUCTION PHASE SO PLACEMENT LOCATION IS CORRECT. B.THE IRRIGATION CONTRACTOR SHALL MEET WITH THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCEMENT OF WORK, AND SHALL OBTAIN ALL ENGINEERING, LANDSCAPE, AND OTHER APPLICABLE PLANS & DOCUMENTS. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND REPORT ANY CONFLICTS OR DISCREPANCIES TO THE LANDSCAPE ARCHITECT AND OWNER'S REPRESENTATIVE IMMEDIATELY. C.THE IRRIGATION CONTRACTOR SHALL NOT WILFULLY INSTALL THE IRRIGATION SYSTEM AS SHOWN ON THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD THAT UNKNOWN OBSTRUCTIONS, GRADES OR DIMENSIONS EXIST THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE ENGINEEERING. SUCH OBSTRUCTIONS OR DIFFERENCES SHALL BE BROUGHT TO THE ATTENTION OF THE IRRIGATION DESIGNER. IN THE EVENT THAT THIS NOTIFICATION IS NOT PERFORMED, THE IRRIGATION CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY REVISIONS AND NECESSARY COSTS. D.SEE UTILITY PLANS FOR IRRIGATION POINTS OF CONNECTION (TAP) AND DOMESTIC WATER SUPPLY. E.THE IRRIGATION CONTRACTOR SHALL PAY ANY AND ALL FEES AND PERMITS ASSOCIATED WITH THE INSTALLATION OF THE IRRIGATION SYSTEM. F.AT LEAST SEVEN DAYS BEFORE BEGINNING WORK, CONFIRM THE STATIC WATER PRESSURE IS AT LEAST 65 PSI AND LESS THAN 70 PSI. IF STATIC WATER PRESSURE IS OUTSIDE OF THE STATED RANGE, DO NOT PROCEED WITHOUT FIRST NOTIFYING THE IRRIGATION DESIGNER AND OWNER IN WRITING, AND OBTAINING SUBSEQUENT DIRECTION FOR CORRECTIONAL MEASURES. SHOULD THE IRRIGATION CONTRACTOR CHOOSE TO BEGIN THE INSTALLATION WITHOUT SUCH NOTIFICATION, THE IRRIGATION CONTRACTOR WILL ASSUME THE RESPONSIBILITY FOR ALL COSTS INCURRED TO ENSURE THE SYSTEM IS WORKING PROPERLY. NO CHANGE ORDERS WILL BE AUTHORIZED IN SUCH CIRCUMSTANCES. G.THE IRRIGATION CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. THE CONTRACTOR SHALL BE FAMILIAR WITH ALL GRADE DIFFERENCES, LOCATIONS OF WALLS, STRUCTURES AND UTILITIES. H.COORDINATE WITH THE OWNER THE PROPOSED LOCATIONS OF THE AUTOMATIC CONTROLLER AND ANY REQUIRED SLEEVES THROUGH THE BUILDING FOR CONTROL WIRES. I.TRENCHING NEAR EXISTING TREES: 1.CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). 2.ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. 3.ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. 4.ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. J.BACKFILL 1.ALL BACKFILL MATERIAL SHALL BE SUBJECT TO APPROVAL BY THE OWNER. BACKFILL MATERIAL SHALL BE FREE FROM RUBBISH, ROCK LARGER THAN 1", LARGE STONES, BRUSH, SOD, FROZEN MATERIAL OR OTHER UNSUITABLE SUBSTANCES THAT MAY DAMAGE PIPE DURING THE BACKFILLING OPERATIONS. SEPARATE OUT ROCKS LARGER THAN 1 INCH IN ANY DIRECTION FROM EXCAVATED MATERIAL, AND REMOVE FROM AREAS TO RECEIVE LANDSCAPING. COVER FOR BOTH TOP AND SIDES OF PIPE SHALL BE A MINIMUM OF 2 INCHES OF ROCK-FREE SOIL, SAND, OR OTHER APPROVED MATERIAL. 2.IN THE EVENT THAT THE MATERIAL FROM THE EXCAVATION OR TRENCHING IS FOUND TO BE UNSUITABLE FOR USE IN BACKFILL, IT SHALL BE REMOVED FROM THE SITE AND PROPERLY AND LEGALLY DISPOSED OF BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR SHALL THEN PURCHASE AND AND FURNISH SUITABLE BACKFILL MATERIAL CONSISTING OF EARTH, LOAM, SANDY CLAY, SAND OR OTHER APPROVED MATERIALS FREE OF DEBRIS. K.BACKFLOW PREVENTER INSTALLATION: CONTRACTOR SHALL MAKE CONNECTIONS TO EXISTING WATER SOURCES AT LOCATION SHOWN ON PLANS AND AS APPROVED BY THE OWNER, AND SHALL MAKE ANY MINOR CHANGES IN LOCATION AS MAY BE NECESSARY DUE TO ACTUAL SITE CONDITIONS. BACKFLOW PREVENTER HEIGHT SHALL BE AS PER LOCAL CODES AND IRRIGATION DETAILS. INSTALL A BRASS BALL VALVE IMMEDIATELY UPSTREAM OF THE BACKFLOW DEVICE TO SERVE AS AN ISOLATION VALVE. TO EVERY EXTENT POSSIBLE, INSTALL BACKFLOW PREVENTER ION A LOCATION SCREENED FROM PUBLIC VIEW (SUCH AS BEHIND A SHRUB ROW). L.PIPING: 1.PIPE SIZE SHALL CONFORM TO THOSE SHOWN ON THE DRAWINGS. NO SUBSTITUTIONS OF SMALLER PIPE SIZES SHALL BE PERMITTED, BUT SUBSTITUTIONS FOR LARGER SIZES MAY BE APPROVED. 2.MAINLINE PIPE AND WIRES SHALL BE INSTALLED WITH A MINIMUM COVER OF 18 INCHES. LATERAL PIPE SHALL BE INSTALLED WITH A MINIMUM COVER OF 12 INCHES. 3.ASSEMBLE ALL THREADED FITTINGS WITH TEFLON TAPE, WHICH SHALL BE APPLIED TO MALE THREADS ONLY. 4.ALL SOLVENT-WELD CONNECTIONS SHALL BE MADE WITH APPROVED SOLVENT-WELD PRIMER AND GLUE. 5.PIPE SHALL BE INSTALLED WITH A MINIMUM OF 4" HORIZONTAL CLEARANCE FROM ANY OTHER PIPE AND 2" VERTICAL CLEARANCE FROM ANY PIPES THAT CROSS OVER OR UNDER. M.VALVES 1.VALVES SHALL BE INSTALLED PER MANUFACTURER'S DIRECTIONS AND THE IRRIGATION DETAILS. 2.VALVE BOXES SHALL BE INSTALLED FLUSH WITH THE GRADE, WITH CLEAN PEA GRAVEL LOCATED BELOW THE VALVE AS NOTED ON THE DETAILS. LOCATE BOXES WITHIN 12 TO 24" OF SIDEWALKS OR LANDSCAPE EDGES, WITH TOPS OF BOXES 1" ABOVE FINISH GRADE IN TURF, AND 3" ABOVE FINISH GRADE IN SHRUB AREAS (TO AVOID BEING COVERED BY MULCH). 3.EACH VALVE BOX COVER SHALL BE HEAT-BRANDED WITH THE CONTROLLER STATION NUMBER. 4.DO NOT INSTALL MORE THAN TWO VALVES IN A JUMBO BOX. N.DRIP IRRIGATION EQUIPMENT SHALL BE INSTALLED PER MANUFACTURER'S DIRECTIONS AND THE IRRIGATION DETAILS. 1.SUBSURFACE DRIP LINES SHALL BE BURIED NO MORE THAN 2" BELOW FINISH GRADE. 2.DRIP LINES MOUNTED ON GRADE SHALL BE SECURED IN PLACE WITH WIRE STAPLES AT A MAXIMUM OF 48" ON CENTER. O.SPRAY, ROTOR, AND BUBBLER HEADS: 1.ALL SPRAY AND ROTOR HEAD LOCATIONS SHALL BE STAKED, FLAGGED AND/OR OTHERWISE CLEARLY MARKED ON THE GROUND PRIOR TO INSTALLATION. SPRINKLER HEAD STAKING SHALL BE INSPECTED AND APPROVED BY THE OWNER'S REPRESENTATIVE BEFORE INSTALLATION. 2.ALL SPRAY HEADS SHALL BE CONNECTED WITH A 12 INCH MINIMUM LENGTH OF 1 2 INCH FLEX PVC. THE FLEX PVC SHALL BE SOLVENT WELDED TO SCHEDULE 40 PVC FITTINGS WITH WELD-ON #795 SOLVENT AND #P-70 PRIMER. ALL ROTORS SHALL BE CONNECTED TO LATERAL LINES WITH PRE-MANUFACTURED SWING JOINTS. 3.ALL ROTOR, SPRAY AND BUBBLER HEADS SHALL BE SET PERPENDICULAR AND FLUSH TO FINISH GRADE AND WITH A CLEARANCE OF FOUR INCHES (MINIMUM) FROM THE EDGE OF ANY BUILDINGS, WALLS, BOULDERS, AND HARDSCAPE, UNLESS OTHERWISE SPECIFIED. 4.ALL ROTOR, SPRRAY AND BUBBLER HEADS AND VALVES SHALL BE FLUSHED AND ADJUSTED FOR OPTIMUM COVERAGE WITH MINIMUM OVERSPRAY ON WALKS, STREETS, WALLS, ETC. P.AUTOMATIC CONTROLLER: 1.INSTALL THE CONTROLLER AT THE LOCATION INDICATED BY THE OWNER. INSTALL CONTROLLER WITH A BACKUP BATTERY AS RECOMMENDED BY THE MANUFACTURER. 2.THE IRRIGATION CONTRACTOR SHALL COORDINATE 120 V.A.C. ELECTRICAL POWER TO CONTROLLERS AND DEDICATE ONE (1) 20-AMP BREAKER FOR EACH CONTROLLER. IT SHALL BE THE RESPONSIBILITY OF THE IRRIGATION CONTRACTOR TO MAKE THE FINAL HOOK-UP FROM THE ELECTRICAL SOURCE TO THE CONTROLLER UNIT ONLY. 3.ALL VALVE CONTROL WIRE SHALL BE AWG 14 TYPE UF, 600 VOLT TEST, DIRECT BURIAL. NO SPLICES SHALL BE ALLOWED EXCEPT AT VALVES AND CONTROLLER. WHERE SPLICES MAY BE NECESSARY DUE TO EXCESSIVELY LONG WIRE RUNS, THE CONTRACTOR SHALL MAKE ALL SPLICES IN 6" ROUND VALVE BOXES WITH 3M'S "DBY-DIRECT BURIAL SPLICE KIT". THE CONTRACTOR SHALL LABEL ALL WIRES WITH WATERPROOF TAGS AND MARKERS AT ALL SPLICES AND VALVE MANIFOLDS, AND SHALL LEAVE A 24" COIL OF EXCESS WIRE AT EACH CONNECTION. 4.PROVIDE #10 COMMON WIRE, DIRECT BURIAL, TO ALL REMOTE CONTROL VALVES. 5.CONNECT ALL DIRECT BURIAL WIRES TO VALVES USING 3M'S "DBY-DIRECT BURIAL SPLICE KIT" (UNLESS OTHERWISE SPECIFIED). 6.PROVIDE THREE ADDITIONAL IRRIGATION CONTROL WIRES ALONG EACH BRANCH OF MAINLINE FOR FUTURE EXPANSION. STUB ADDITIONAL CONTROL WIRES INTO BACK OF IRRIGATION CONTROLLERS. 7.THE IRRIGATION CONTRACTOR SHALL BE RESPONSIBLE FOR INSTALLING ALL CONTROL WIRE SLEEVES AND PIPE SLEEVES UNDER PAVED AREAS PRIOR TO PAVING - SEE SLEEVING NOTES. Q.INSTALL THE RAIN SENSOR IN THE VICINITY OF THE CONTROLLER, AND COORDINATE LOCATION WITH THE OWNER. IT IS THE RESPONSIBILITY OF THE IRRIGATION CONTRACTOR TO ENSURE THE RAIN SENSOR IS PLACED IN A LOCATION WHERE IT CAN RECEIVE ADEQUATE RAINFALL WITHOUT OBSTRUCTIONS. IF IT IS PLACED IN AN INADEQUATE LOCATION, THE IRRIGATION CONTRACTOR MAY BE REQUIRED TO RELOCATE IT AT NO ADDITIONAL COST TO THE OWNER. R.ALL IRRIGATION EQUIPMENT NOT OTHERWISE DETAILED OR SPECIFIED SHALL BE INSTALLED AS PER MANUFACTURER'S RECOMMENDATIONS AND SPECIFICATIONS. S.QUALITY CONTROL 1.PERFORM COVERAGE TESTS AFTER IRRIGATION SYSTEM IS COMPLETED, BUT PRIOR TO ANY PLANTING AND PERFORM TESTING IN THE PRESENCE OF THE IRRIGATION DESIGNER AND THE CONSTRUCTION MANAGER. 2.TEST SYSTEM TO ASSURE THAT ALL LAWN AND PLANTING AREAS ARE WATERED COMPLETELY AND UNIFORMLY. 3.MAKE ALL NECESSARY ADJUSTMENTS TO PROVIDE COMPLETE COVERAGE, INCLUDING REALIGNMENT OF HEADS AND REPLACEMENT OF NOZZLES. U.CLEAN UP 1.DURING IRRIGATION EXCAVATION AND INSTALLATION, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2.DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. V.INSPECTION AND ACCEPTANCE 1.UPON COMPLETION OF THE WORK, THE IRRIGATION CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE IRRIGATION CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 2.WHEN THE INSPECTED WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 3.THE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. 4.CONTROLLER CHART: THE IRRIGATION CONTRACTOR SHALL PROVIDE A 11" X 17" COLOR-CODED, LAMINATED COPY OF THE IRRIGATION LAYOUT AND PLACE IT IN THE CONTROLLER'S COVER. THE CONTROLLER CHART SHALL CLEARLY DELINEATE THE AREAS COVERED BY EACH VALVE, USING A SEPARATE COLOR FOR EACH ZONE. 5.TURN THE FOLLOWING ITEMS IN TO THE OWNER UPON COMPLETION OF THE INSTALLATION: a.QUICK COUPLER KEYS (2) b.CONTROLLER MANUAL (1) c.CONTROLLER KEYS (2) d.A MINIMUM OF (2) COPIES OF RECORD DRAWINGS. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. W.REFER TO THE PLANTING SPECIFICATIONS FOR ADDITIONAL CONDITIONS OF FINAL ACCEPTANCE AND START OF THE MAINTENANCE PERIOD. X.WARRANTY 1.THE IRRIGATION SYSTEM SUPPLIED AND INSTALLED SHALL BE WARRANTED (LABOR AND MATERIALS) TO REMAIN OPERATIONAL FOR A PERIOD OF 12 MONTHS AFTER THE DATE OF FINAL ACCEPTANCE. DURING THIS PERIOD, THE CONTRACTOR SHALL ALSO REPAIR ANY SETTLEMENT OF THE IRRIGATION TRENCHES. 2.BY THE END OF THE WARRANTY PERIOD, ANY IRRIGATION PART THAT IS EITHER NON-OPERATIONAL OR THAT IS OPERATING BELOW STANDARDS AS DETERMINED BY THE OWNER, SHALL BE REMOVED FROM THE SITE AND SHALL BE REPLACED. REPLACEMENTS SHALL BE OF THE SAME KIND AS SPECIFIED IN THE IRRIGATION LEGEND, AND SHALL BE INSTALLED AS ORIGINALLY SPECIFIED. 3.IRRIGATION PARTS DAMAGED OR IMPAIRED DUE TO ACTS OF GOD, VANDALISM, AND/OR THE OWNER'S IMPROPER MAINTENANCE SHALL NOT BE COVERED BY THIS WARRANTY. Y.SHOULD THE PERMITTING JURISDICTION REQUIRE AN IRRIGATION AUDIT, THE IRRIGATION CONTRACTOR SHALL RETAIN THE SERVICES OF A THIRD-PARTY CERTIFIED LANDSCAPE IRRIGATION AUDITOR, AT NO ADDITIONAL COST TO THE OWNER. 1 2 3 4 CONTROLLER - WALL MOUNT, INDOOR NOTES: 1)MOUNT CONTROLLER AND CABINET PER MANUFACTURER'S DIRECTIONS. 2)120 V.A.C. POWER PROVIDED BY OTHERS. LANDSCAPE CONTRACTOR SHALL MAKE FINAL CONNECTION AT CONTROLLER. CONNECT TO ELECTRICAL SUPPLY PER NATIONAL ELECTRIC CODE AND LOCAL CODE. 3)LOCATE GROUND ROD 8' MIN. FROM CONTROLLER. VERIFY LOCATION OF GROUND ROD, CONTROLLER AND SOURCE OF ELECTRICITY WITH MANUFACTURER'S REPRESENTATIVE AND OWNER AS PART OF PRE CONSTRUCTION MEETING. SECTION 3 2 1 5 6 4 7 8 9 11 460" MAX.12" CONTROLLER PER LEGEND 1/2" ELECTRICAL CONDUIT BETWEEN CONTROLLER AND ELECT. BOX CLAMP TO WALL SENSOR MONITOR PANEL OR RECEIVER (WHERE OCCURS) WALL (WHERE OCCURS) 120 VOLT SERVICE IN WATERPROOF JUNCTION BOX WITH DISCONNECT SWITCH, INSTALL INSIDE STAINLESS ENCLOSURE C-CLAMPS (TYP.) CONDUIT(S) FOR 24 VOLT CONTROL WIRES. CLAMP TO WALL. USE 1 CONDUIT FOR 0-24 STATIONS. USE 2 CONDUITS FOR 25-48 STATIONS SENSOR CABLES IN CONDUITS (WHERE OCCURS) GROUNDING PER MANUFACTURER FINISH FLOOR SURFACE 5 7 6 10 9 8 6" 15 PVC SCH 40 TEE OR ELL AT MAINLINE PIPE (AS NEEDED) 15 10 2" x 2" REDWOOD STAKE WITH STAINLESS STEEL GEAR CLAMPS OR EQUIVALENT SUPPORT SYSTEM 16 14 6 13 14 PVC MALE ADAPTER9 F SCALE: NTS QUICK COUPLER WITH BALL VALVE 16 11 1298 6 7 5 4321 3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVEL 6 TOP OF MULCH1 SCH. 40 PVC BALL VALVE, LINE SIZE PVC SCH 40 ELL PVC MAINLINE PIPE EXTENSION PVC SCH 40 ADAPTER OR ELL PVC SCH 40 STREET ELL BRICK (1 OF 2) BRASS NIPPLE (LENGTH AS REQUIRED) 6" LONG BRASS NIPPLE 10" ROUND PLASTIC VALVE BOX BY CARSON (OR EQUAL) QUICK-COUPLING VALVE FINISHED GRADE-1" BELOW TOP OF BOX IN TURF AREAS, 2" IN SHRUB AREAS 11 10 9 13 12 8 5 7 4 3 2 1 2 4 5 3 6 7 9 8 10 11 12 13 14 15 30-INCH LINEAR LENGTH OF WIRE, COILED WATERPROOF CONNECTION (ANY APPROVED) REMOTE CONTROL VALVE JUMBO PLASTIC VALVE BOX BY CARSON (OR EQUAL) TOP OF MULCH FINISHED GRADE-1" BELOW TOP OF BOX IN TURF AREAS, 2" IN SHRUB AREAS PVC SCH 80 NIPPLE (CLOSE) PVC SCH 40 ELL PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) BRICK (1 OF 4) PVC MAINLINE PIPE SCH.40 PVC ELL PVC SCH 40 TEE OR ELL PVC SCH 40 MALE ADAPTER PVC LATERAL PIPE 3-INCH MINIMUM DEPTH OF 3 4-INCH WASHED GRAVEL 16 DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 07/17/2023 LI-2 35 5 7 6 1 4 3 2 FINISH GRADE POP-UP SPRAY HEAD SCH. 80 PVC NIPPLE (LENGTH AS REQUIRED) SCH. 40 PVC ELL SCH. 40 PVC STREET ELL SCH. 40 PVC TEE OR ELL PVC LATERAL PIPE 1 4 5 3 5 76 2 12" MIN.POP-UP SPRAY HEAD SCALE: NTSL 3' COILED LENGTH OF LINE SIZE FLEX HOSE. SOLVENT WELD TO VALVE 10" ROUND PLASTIC VALVE BOX WITH LOCKABLE LID, "CARSON" OR APPROVED EQUAL FINISH GRADE - TOP OF VALVE BOX TO BE 2" ABOVE FINISH GRADE IN PLANTER AREAS DRIP EXHAUST HEADER BALL VALVE, LINE SIZE RED BRICK TYPICAL, 3 REQUIRED 6" DEEP LAYER OF PEA GRAVEL 1 2 3 4 5 6 7 1 2 4 5 6 7 3 FLUSH VALVE SCALE: NTSK TOP OF MULCH FINISH GRADE DRIP LINE PER PLAN INSERT TEE OR ELBOW SCH. 80 PVC NIPPLE (LINE SIZE) SCH. 40 PVC TEE (SST) SCH. 40 PVC SUPPLY HEADER (SIZE PER PLAN) 1 2 3 5 76 1 2 3 4 5 6 7 4 SUBSURFACE DRIPLINE CONNECTION SCALE: NOT TO SCALEJLATERAL LINE DEPTH2" MAX.SUBSURFACE DRIP LINE LAYOUT SCALE: NOT TO SCALEI 8 10 5 6 2 9 7 4 3 1 PAVEMENT SURFACE TRENCH BACKFILL SCH. 40 PVC MAINLINE SLEEVE - SEE PLANS FOR SIZE SCH. 40 PVC LATERAL SLEEVE - SEE PLANS FOR SIZE LOCATOR WIRE W/BURIED CAUTION TAPE PVC IRRIGATION MAINLINE SLEEVING TRENCHING 2 3 5 1110 1 3 4 6 9 8 7 FINISH GRADE PVC IRRIGATION LATERAL SAND BACKFILL SCH. 40 PVC WIRE SLEEVE FOR CONTROL WIRES, MIN. 2" DIA. 11 CONTROL WIRES - TAPE TO MAINLINE AT 10' INTERVALS12" MIN.18" MIN.12" MIN.18" MIN.PIPE AND SLEEVE INSTALLATION SCALE: NTSH 1 18" MIN.24" MIN.2 24" MAX18" MIN.24" MAX9 8 7 12 PVC CAP, SOLVENT WELDED 6 5 2 4 3 PVC MALE ADAPTER BRASS BALL VALVE (SIZED PER MAINLINE) EXTENSION SECTION AS NECESSARY TO MEET GRADE 9" ROUND VALVE BOX WITH LOCKABLE LID 1 32 7 6 5 4 1 IRRIGATION MAINLINE7 FINISH GRADE AT 1" BELOW TOP OF BOX IN TURF AREAS: 2" BELOW TOP OF BOX IN SHRUB/GROUNDCOVER AREAS 3-INCH MINIMUM DEPTH OF 3 4-INCH WASHED GRAVELMAINLINE DEPTHBRASS BALL VALVE SCALE: NTSGBUBBLER SCALE: NTSM 987 6 5 4 3 2 1 7 9 8 6 5 4 3 2 1 BUBBLER PER LEGEND - 2 PER TREE MULCH FINISH GRADE/TOP OF MULCH UV RADIATION RESISTANT 1/2-INCH PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) 1/2-INCH FEMALE NPT x 0.490-INCH BARB ELBOW SWING PIPE, 12-INCH LENGTH PVC LATERAL PIPE 1/2-INCH MALE NPT x .490-INCH BARB ELBOW SCH 40 TEE OR ELL BUBBLER LAYOUT PLAN VIEW 10 EDGE OF ROOTBALL 1 10 11 PVC LATERAL LINE - 3/4" 11 PVC LATERAL LINE TO VALVE3"-6"4" MIN. 1/4-INCH DISTRIBUTION TUBING 1/4-INCH TUBING STAKE - PLACE JUST OUTSIDE OF ROOTBALL MULTI-OUTLET EMISSION DEVICE WITH EMITTERS PER IRRIGATION LEGEND 10" ROUND VALVE BOX, AS MADE BY CARSON (OR EQUAL). TOP OF BOX TO BE 2" ABOVE FINISH GRADE IN PLANTER AREAS. 3-INCH MIN. DEPTH OF 3/4-INCH WASHED GRAVEL 1 2 3 9 11 4 5 6 7 BUG CAP AT END OF TUBING TOP OF MULCH FINISH GRADE 1/2" PVC SCH-80 NIPPLE - LENGTH AS REQUIRED PVC LATERAL PIPE PVC SCH-40 TEE OR ELL 8 10 11 3 1 2 4 5 8 9 10 6 7 9" MIN.12" MIN.MULTI-OUTLET EMISSION DEVICE SCALE: NOT TO SCALEX 12 TYP. FLUSH VALVE SCH. 40 PVC EXHAUST HEADER SCH. 40 PVC TEE OR ELL COMPRESSION ADAPTER DRIP LINE AIR RELIEF VALVE AT HIGH POINT OF SYSTEM (WHEN INDICATED ON PLANS) SCH. 40 PVC SUPPLY HEADER CONTROL VALVE TREE ROOT BALL (WHERE OCCURS IN DRIP AREA) RAINBIRD PC-07 EMITTERS (3) OR EQUAL, WITH DIFFUSER CAPS, INSERTED IN DRIP LINE AND GENERALLY SPACED EVENLY AROUND TREE NEAR EDGES OF ROOT BALL (WHERE OCCURS) NOTE: SET DRIP LINES 3"-6" AWAY FROM HARDSCAPE 1 2 3 4 5 6 7 8 3 2 4 5 1 5 6 87 4 5 2 10 9 9 10 5 3 DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 07/17/2023SAX ETFOETATS 17628 I R R IG ATORLI CEN SED CHRISTOPHER B. DAVIS LI-3 36 Welcome Welcome CM - METAL (REMOVED)BR - BRICK "SLATE GRAY"AP - APOLIC METAL PANELSAL - ALUMINUM BATTENSCN - ALUM CANOPY WHITEUN - UNDERSCORE YELLOWBR - BRICK "ONYX"LL - LIMESTONE "LINEN""EXHIBIT D"37 BR - BRICK "SLATE GRAY"AP - APOLIC METAL PANELSAL - ALUMINUM BATTENSCN - ALUM CANOPY WHITEUN - UNDERSCORE YELLOW"EXHIBIT D"BR - BRICK "ONYX"LL - LIMESTONE "LINEN"CM - METAL (REMOVED)38 "EXHIBIT D"39 June 5, 2023 Town of Prosper 250 W. First Street Prosper, Texas 75078 Re: McDonald’s Letter of Intent To whom it may concern, Please let this letter serve as the Letter of Intent for the McDonald’s project to be located on Lot 4, future Lot 5, Block A of Frontier Retail Addition. The current zoning is planned development 69. The development is 1.54 acres and will be built in a single phase. The purpose of this request is to allow the proposed use of restaurant with drive thru. The building will be approximately 4,117 square feet in size. Should you have any questions, please feel free to contact me. Sincerely, Claymoore Engineering, Inc. Drew Donosky, P.E. 40 Page 1 of 2 To: Planning & Zoning Commission Item No. 6 From: Terrence S. Welch, Town Attorney Through: David Hoover, Director of Development Services Re: Planning & Zoning Commission Meeting – September 19, 2023 Agenda Item: Conduct a Public Hearing to Consider an Ordinance Amending Chapter 1, “General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance, by Amending Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses and Structures,” by Providing for Amortization Procedures consistent with Senate Bill 929, and Subpart (A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” by Providing for Notices relative to a Change in a Zoning Regulation that Could Result in a Nonconforming Use, Consistent with Senate Bill 929. Description of Agenda Item: The Legislature recently passed, and the Governor signed, Senate Bill No. 929 (“SB 929”), which (1) provided for significant changes to the method by which municipal governments amortize nonconforming uses of property as well as (2) a change in notice language when a zoning change is under consideration and which, if approved, would result in the creation of a nonconforming use on the property in question. Comprehensive Factors: First, for literally decades, when a municipality wished to terminate a nonconforming use of property, one method by which to accomplish such result was to amortize the nonconforming use. In such instance, the Zoning Board of Adjustment would determine the amount of time it would take for a property owner to recoup his or her investment in the property. If the nonconforming use was longstanding, it was often the case that the value of the use had been fully recouped, and the nonconforming use then was allowed a certain amount of time before ceasing operations on the property. SB 929 dramatically changed the method by which to compensate the owners of such nonconforming property—rather than considering the recoupment of investment in the use, now municipalities must determine that the nonconforming use has an adverse impact, and the owner must receive fair market value of the use as well as a “wind down” time prior to ceasing PLANNING 41 Page 2 of 2 the nonconforming use of the property. SB 929 describes the amortization process in detail and the proposed amendment to the Town’s Zoning Ordinance simply incorporates those provisions from SB 929 (now found in Section 211.019 of the Texas Local Government Code). Second, a minor change to notice requirements is contained in SB 929. W hen a municipality is considering a zoning change on property that could result in the current use of the property becoming a nonconforming use if the zoning change is approved, the municipality must provide notice to the property owner of every public hearing on the zoning change, which notice must include the time and place of each hearing and notice in bold, 14-point font that “THE TOWN OF PROSPER IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY.” The proposed ordinance adds this notice provision now required by SB 929. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached ordinance as to form and legality. Attachments: 1. Ordinance Staff Recommendation: The Town Attorney recommends that the Town Council adopt the attached ordinance to be compliance with SB 929. Town Council Public Hearing: Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item will be scheduled for the Town Council at their Regular meeting on September 26, 2023. 42 Ordinance No. 2023-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBPART (E) OF SUBSECTION 7.11, “AMORTIZATION OF NONCONFORMING USES OR STRUCTURES,” OF SECTION 7, “NONCONFORMING USES AND STRUCTURES,” OF CHAPTER 1, “GENERAL PROVISIONS, ADMINISTRATION AND PROCEDURES,” OF THE TOWN’S ZONING ORDINANCE, BY PROVIDING FOR AMORTIZATION PROCEDURES CONSISTENT WITH SENATE BILL 929; AMENDING SUBPART (A), “ZONING CHANGES,” OF SUBSECTION 8.2, “PUBLIC HEARING AND NOTICE,” OF SECTION 8, “CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES,” OF CHAPTER 1, “GENERAL PROVISIONS, ADMINISTRATION AND PROCEDURES,” OF THE TOWN’S ZONING ORDINANCE, BY PROVIDING FOR NOTICES RELATIVE TO A CHANGE IN A ZONING REGULATION THAT COULD RESULT IN A NONCONFORMING USE, CONSISTENT WITH SENATE BILL 929; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 88th Legislature recently passed Senate Bill 929 relative to nonconforming uses of property and notice to property owners, and it is the desire of the Town Council to fully comply with such legislation; and WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, Subpart (E) of Subsection 7.11, “Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses and Structures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance is hereby amended to read as follows: 43 Ordinance No. 2023-__, Page 2 “E. The Board of Adjustment shall, in accordance with Section 211.019 of the Texas Local Government Code, as amended, utilize the procedures and owner or lessee compensation criteria contained in said Section in the event the Town determines that a nonconforming use of property shall cease.” SECTION 3 From and after the effective date of this Ordinance, Subpart A, “Zoning Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” of Chapter 1, “General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance is hereby amended to read as follows: “8.2 PUBLIC HEARING AND NOTICE A. Zoning Changes. 1. Prior to making its report to the Town Council, the Planning and Zoning Commission shall hold at least one public hearing on each application. Prior to the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property in which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Notice of Town Council hearing shall be given by publication in the official newspaper of the town, stating the time and place of such hearing, a minimum of 15 days prior to the date of the public hearing. 2. In addition to the foregoing notice, the Town shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall: (a) be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date; (b) contain the time and place of the hearing; and (c) include the following text in bold 14-point type or larger: “THE TOWN OF PROSPER IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE 44 Ordinance No. 2023-__, Page 3 THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY.” * * *” SECTION 4 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. The Town 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 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 6 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF SEPTEMBER, 2023. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary 45 Ordinance No. 2023-__, Page 4 APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney 46 Page 1 of 3 To: Planning & Zoning Commission Item No. 7 From: Terrence S. Welch, Town Attorney Through: David Hoover, Director of Development Services Re: Planning & Zoning Commission Meeting – September 19, 2023 Agenda Item: Conduct a Public Hearing to Discuss and Consider an Ordinance amending the Town’s Subdivision Ordinance by amending Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with Revised Language contained in House Bill No. 3699; amending Subsection (B) of Section 10.03.034, “Director of Development Services,” relative to Authorizing the Director of Development Services to Approve or Deny Plats; amending Section 10.03.063, “30-day Time Frame for Plat Approvals,” to Reflect that the Right to 30-day Action for Plat Applications Begins on the Filing Date and One or M ore 30-day Extensions shall be authorized; adding a Definition of “Filing Date,” amending the Definitions of “Approval” and “Plat,” and repealing the definitions of “Administratively Complete” and “Official Submission Date,” contained in Section 10.03.192, “Words and Terms Defined”; providing that the phrase “Official Submission Date” shall be replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and 10.03.085(h)(2). Description of Agenda Item: The Legislature recently passed, and the Governor signed, House Bill No. 3699 (“HB 3699”), which provided for multiple amendments to the platting statute, contained in Chapter 212 of the Texas Local Government Code. Consequently, it is necessary for the Town to amend its Subdivision Ordinance to comply with HB 3699, even though many of the amendments to the Subdivision Ordinance are technical and should not greatly affect the day-to-day operations of Development Services. PLANNING 47 Page 2 of 3 Comprehensive Factors: The amendments are as follows: 1. Amend current Section 10.03.004(D)(1) to read as follows: “In accordance with LGC Section 212.004, the owner of a tract of land located within the Town’s corporate limits or in the Extraterritorial Jurisdiction (ETJ) who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a Plat of the subdivision prepared.” This amendment is a technical revision to comply with wording in Section 4 of HB 3699. 2. Amend current Section 10.03.034 to allow the Director of Development Services to approve or deny a plat. Due to the definition of “filing date” contained in Section 4 of HB 3699 —the date on which a plat is submitted to the Town along with a completed application and applicable fees—there may arise occasions when a plat cannot be timely reviewed and acted upon by the Town within 30 days, as required by statute. Section 6 of HB 3699 allows for administrative approval or denial of plats, and an appeal to either the Planning and Zoning Commission or Town Council in the event of denial. Consequently, this proposed amendment would be utilized if a plat cannot be timely placed on a Planning and Zoning Commission agenda and acted upon within the statutorily mandated 30-day period. Again, if a plat were denied administratively, the applicant may appeal such denial. 3. Amend current Section 10.03.063 to provide that the 30-day action period commences on the filing date and the Planning and Zoning Commission or Town Council may approve one or more 30-day extensions to the 30-day action period. Since the Town’s definition of “filing date” is being amended in accordance with Section 4 of HB 3699, it is necessary to amend the Subdivision Ordinance to reflect that the filing date triggers the 30-day action period. Additionally, the last legislative amendments in 2019 specifically did not allow the Town to request or even suggest a 30-day extension of the 30-day action period in the event the review of the plat had not been completed; however, Section 8 of HB 3699 now allows the Town and the applicant to mutually request Planning and Zoning Commission or Town Council approval of one or more 30-day extensions of the 30-day action period. 4. Amend certain definitions contained in Section 10.03.192 to comply with HB 3699. As noted, with the adoption of HB 3699, the following definitions are added or amended— “filing date,” “approval” and “plat,” while the definitions of “administratively complete” and “official submission date” are repealed since they are no longer necessary or in compliance with HB 3699. “Official submission date” is now replaced with “filing date.” Other items contained in HB 3699 are currently addressed in existing Subdivision Ordinance provisions and no additional amendments are necessary. 48 Page 3 of 3 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached ordinance as to form and legality. Attachments: 1. Ordinance Staff Recommendation: The Town Attorney recommends that the Town Council adopt the attached ordinance to be compliance with HB 3699. Town Council Public Hearing: Upon a recommendation by the Planning & Zoning Commission, a Public Hearing for this item will be scheduled for the Town Council at their Regular meeting on September 26, 2023. 49 Ordinance No. 2023-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBPART (1) OF SECTION (D), “PLAT REQUIRED,” OF SECTION 10.03.004, “APPLICABILITY,” TO COMPLY WITH REVISED LANGUAGE CONTAINED IN HOUSE BILL NO. 3699 RELATIVE TO SECTION 212.004(A) OF THE TEXAS LOCAL GOVERNMENT CODE; AMENDING SUBSECTION (B) OF SECTION 10.03.034, “DIRECTOR OF DEVELOPMENT SERVICES,” TO AUTHORIZE THE DIRECTOR OF DEVELOPMENT SERVICES TO APPROVE OR DENY PLATS IN CERTAIN CIRCUMSTANCES; AMENDING SECTION 10.03.063, “30-DAY TIME FRAME FOR PLAT APPROVALS,” TO REFLECT THAT THE RIGHT TO 30- DAY ACTION FOR PLAT APPLICATIONS BEGINS ON THE FILING DATE AND ONE OR MORE 30-DAY EXTENSIONS SHALL BE AUTHORIZED; ADDING A DEFINITION OF “FILING DATE,” AMENDING THE DEFINITIONS OF “APPROVAL” AND “PLAT,” AND REPEALING THE DEFINITIONS OF “ADMINISTRATIVELY COMPLETE” AND “OFFICIAL SUBMISSION DATE,” CONTAINED IN SECTION 10.03.192, “WORDS AND TERMS DEFINED”; PROVIDING THAT THE PHRASE “OFFICIAL SUBMISSION DATE” SHALL BE REPLACED WITH THE PHRASE "FILING DATE” IN SECTION 10.03.084(F)(2) AND SECTION 10.03.085(H)(2), ALL OF THE FOREGOING SECTIONS CONTAINED IN ARTICLE 10.03, “SUBDIVISION ORDINANCE,” OF CHAPTER 10, “SUBDIVISION REGULATION,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipality under the laws of the State of Texas and is duly incorporated; and WHEREAS, the Town possesses the full power of self-government, as authorized by the Texas Constitution and the Town’s duly adopted Charter; and WHEREAS, the 88th Legislature recently passed House Bill No. 3699, which Bill was signed by the Governor, providing for amendments to Chapter 212, “Municipal Regulation of Subdivisions and Property Development,” of the Texas Local Government Code; and WHEREAS, the following amendments to the Town’s Subdivision Ordinance are in full compliance with the requirements of House Bill No. 3699, and the Town Council of the Town has determined that the adoption of these new provisions is in the best interests of the citizens of the Town and will promote the public health, safety and general welfare; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, has further determined that the following amendments will promote the orderly, safe and efficient growth of the Town and the Town’s extraterritorial jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: 50 Ordinance No. 2023-__, Page 2 SECTION 1 All of the above findings are hereby found to be true and correct and are hereby incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Subpart (1) of Section (d), “Plat required,” of Section 10.03.004, “Applicability,” of Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “10.03.004 Applicability * * * D. Plat Required Subdivision Plats Required under LGC 212 Subchapter A. 1. In accordance with LGC Section 212.004, the owner of a tract of land located within the Town’s corporate limits or in the Extraterritorial Jurisdiction (ETJ) who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use must have a Plat of the subdivision prepared.” SECTION 3 From and after the effective date of this Ordinance, Section 10.03.034, “Director of Development Services,” of Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding a subsection (b) thereto to read as follows: “Sec. 10.03.034 Director of Development Services. * * * (b) In the event there is not sufficient time for the Planning and Zoning Commission to approve or deny any plat based upon the filing date of such plat, the Director of Development Services may approve or deny such plat, pursuant to Section 212.0065 of the Texas Local Government Code, as amended. The disapproval of any plat by the Director of Development Services may be appealed to the Planning and Zoning Commission.” SECTION 4 From and after the effective date of this Ordinance, Section 10.03.063, “30-Day Time Frame for Plat Approvals,” of Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding a subsection (b) thereto to read as follows: “Sec. 10.03.063 30-Day Time Frame for Plat Approvals. 51 Ordinance No. 2023-__, Page 3 (a) Right to 30-day action for plat applications begins on the filing date. The statutory 30-day time frame for plat approvals, established by the Texas Local Government Code, ch. 212, shall commence on the filing date. (b) Extension of right to 30-day action. Pursuant to Texas Local Government Code, § 212.009(b-2), as amended, upon application in writing by the applicant, the Commission or Town Council may approve one or more extensions of right to 30-day action, each such extension not to exceed 30 additional days.” SECTION 5 From and after the effective date of this Ordinance, a definition of “Filing Date” shall be added to Section 10.03.192, “Words and Terms Defined,” of A rticle 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas, as follows: “Filing Date. The filing date of a preliminary plat, replat or final plat shall be considered the date an applicant submits said plat, along with a completed application and applicable fees, and other requirements prescribed by or under Texas Local Government Code § 212.004, as amended.” The definitions of “Approval” and “Plat,” both of which are contained in the same section, are hereby amended to read as follows: “Approval. a. Approval constitutes a determination by the official, board, commission or Town Council responsible for such determination that the application is in compliance with the minimum provisions of this subdivision ordinance. b. Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans. c. For purposes of plat approval, approval shall also include approval with conditions, pursuant to Section 212.009 of the Texas Local Government Code, as amended. * * * Plat. A map or chart of the subdivision, lot or tract of land showing all essential dimensions and other information required to comply with this subdivision ordinance as it exists or may be amended.” The definitions of “Administratively Complete” and “Official Submission Date,” contained in the same Section are hereby repealed. 52 Ordinance No. 2023-__, Page 4 SECTION 6 From and after the effective date of this Ordinance, the phrase “Official Submission Date” shall be replaced with the phrase “Filing Date” in Section 10.03.084(f)(2) and Section 10.03.085(h)(2), of Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of Prosper, Texas . SECTION 7 The Director of Development Services for the Town is hereby authorized to make all appropriate changes to the Town’s Development Manual and other reference resources, in accordance with this Ordinance. SECTION 8 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. The Town Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 11 This Ordinance shall become effective from and after its passage and publication. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF SEPTEMBER, 2023. ___________________________________ David F. Bristol, Mayor 53 Ordinance No. 2023-__, Page 5 ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney 54