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11.28.23 Town Council Regular Meeting Packet
Page 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Recognize Mike Howard with the Prosper Police Department. (DK) 2. Presentation to the Town of Prosper for the 2023 Award for Planning Excellence from the Amercian Planning Association Texas Chapter. (DH) CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, November 28, 2023 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon the minutes from the November 14, 2023, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes from the November 14, 2023, Town Council Regular meeting. (MLS) 5. Consider acceptance of the October 2023 monthly financial report. (CL) 6. Consider and act upon a resolution suspending the September 1, 2023, effective date of a rate request from CoServ Gas Ltd, for the maximum period allowed by law. (TW) 7. Consider and act upon the approval of the purchase of a Forensics X7 Scanning System through the DIR-CPO-4504; and authorizing the Town Manager to execute documents for the same. (DK) 8. Consider and act upon authorizing the Town Manager to execute a Service Agreement between Flock Group Inc. and the Town of Prosper, Texas, related to the purchase of additional products and services. (DK) 9. Consider and act upon approval of the purchase of one Pegasus S5493 Mower with accessories and authorize the Town Manager to execute documents related to the purchase. (DB) 10. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the County of Collin, Texas, and the Town of Prosper, Texas, related to the Coit Road Intersection Improvements project. (HW) 11. Consider and act upon approving Change Order No. 02 for CSP No. 2022-50-B to McMahon Contracting, LP, related to construction services for the Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project; and authorizing the Town Manager to execute Change Order No. 02 for same. (HW) 12. Consider and act upon an ordinance amending Section 12.08.022, "Definitions," and repealing Section 12.08.003, “Unlawful Act/Exemptions,” with a new Section 12.08.003, "Approved and Prohibited Truck Routes; Exemptions,." of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances. (HW) 13. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Blue Star Allen Land L.P., 701/709 Stadium Drive LLC, and the Town of Prosper, Texas, related to the construction of Safety Way. (HW) 14. Consider and act upon an ordinance to rezone for a Specific Use Permit (SUP) for a Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) (DH) 15. Consider and act upon authorizing the Town Manager to execute a Development Agreement between DNT Frontier LP and the Town of Prosper relative to McDonald’s. (DH) 16. Consider and act upon an ordinance to rezone 0.3± acres from Single Family-15 (SF- 15) to Downtown Single Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. (ZONE-23-0018) (DH) Page 2 Page 3 of 4 17. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Christopher & Jennifer Richter and the Town of Prosper relative to 209 East Fifth Street. (DH) 18. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plans including Frontier South Retail 1, Gates of Prosper Park, St. Martin de Porres, and Lighthouse Church. (DH) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 19. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding In re Aqueous Film- Forming Foams Product Liability Litigation, a nationwide class action lawsuit involving 3M Company and DuPont Company, pending in the United States District Court for the District of South Carolina, Charleston Division. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. Page 3 Page 4 of 4 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 Wednesday, November 22, 2023, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011 at least 48 hours prior to the meeting time. Page 4 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Mary Ann Moon, Economic Development Director Hulon Webb, Director of Engineering Services David Hoover, Development Services Director Chris Landrum, Finance Director Jessika Hotchkin, Help Desk Technician Suzanne Porter, Planning Manager Doug Kowalski, Police Chief Items for Individual Consideration 1. Discuss development strategies for Economic Development. (MM) Ms. Moon presented an overview regarding Economic Development, which included types of strategies, approaches, elements, metrics, and types of data analyses used, as well as the importance of setting processes and policies. Adjourn. The meeting was adjourned at 6:05 p.m. These minutes were approved on the 28th day of November 2023. APPROVED: David F. Bristol, Mayor MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, November 14, 2023 Page 5 Item 3. Page 2 of 2 ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 3. Page 1 of 10 ] Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director David Hoover, Development Services Director Hulon Webb, Director of Engineering Suzanne Porter, Planning Manager Chris Landrum, Finance Director Leigh Johnson, IT Director Frank Jaromin, Director of Public Works Todd Rice, Communications Manager Jessika Hotckin, Help Desk Technician Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Shaw Eft, Assistant Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Greg Jones with Rock Creek Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Kern made the following announcements: Thank you to approximately the 234 participants that took part in this year’s Veteran’s Day 5K Fun Run, as well as special thank you to all those who helped make this a fun event for all. Reminder that Town Hall Offices will be closed on Thursday, November 23 and Friday, November 24 for the Thanksgiving Holiday. Due to the holiday, residents whose trash service falls on Thursday or Friday will be delayed by one day. The special bulk drop off location at Public Works will also be closed on Saturday, November 25. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, November 14, 2023 Page 7 Item 4. Page 2 of 10 The Prosper Community Library will close at 5:00 p.m. on Wednesday, November 22 and be closed on Thursday, November 23 through Saturday, November 25 for the Thanksgiving Holiday. Prosper residents and businesses are invited to dress up their locations for the annual Light the Night decorating contest sponsored by CoServ. Contest winners in several categories will receive a yard sign, gift card, and social media recognition. Those wishing to participate may sign up online through our Parks & Recreation Department. The deadline to enter is Sunday, December 10 with judging taking place on Wednesday, December 13. The winners will be announced on Friday, December 15. The Prosper annual Christmas Festival will take place on Saturday, December 2 at Prosper Town Hall. Come experience the magic of Santa Claus in his Workshop, the Kids Christmas Shoppe, dazzling exhibits, Kids Fun Zone, Community Stage performances, carriage rides, live demonstrations, and food truck vendors. Also, don’t miss out on the Prosper Rotary Club Christmas Parade at 2:30 p.m., and the Tree Lighting with Mayor Bristol at 7:00 p.m. For more information visit the Special Events page through the Parks & Recreation Department. The Prosper Ladies Association is sponsoring their annual Prosper Christmas Angel Program. A Christmas Angel Tree is located in the lobby of Town Hall. Beginning Wednesday, November 15, residents may select a Wish Tag from the tree and scan the QR code to help a Prosper ISD child or a senior citizen have a Merry Christmas. Gift drop-off dates are December 4th through 6th. Mayor Bristol recognized Liberty Okefe for writing a letter notifying the Town of a concern she had. Mayor Bristol thanked Liberty for her good citizenship. Presentations. 1. Proclamation recognizing November 18, 2023, as National Injury Prevention Day. (MLS) Mayor Bristol read and presented a Proclamation to members of Cook Children’s Medical Center. 2. Proclamation recognizing December 9, 2023, as Salvation Army Red Kettle Campaign Day. (MLS) Mayor Bristol read and presented a Proclamation to members of the North Texas Salvation Army. 3. Proclamation recognizing November 13-17, 2023, as National GIS Awareness Week. (MLS) Mayor Bristol read and presented a Proclamation to the Town’s GIS Department employees. 4. Recognize individuals and the Fire Department for Life Saving efforts and awards. (SB) Chief Blasingame recognized members of the Prosper Fire Rescue, Dispatch, and a Building Inspection Department employee for their efforts during a lifesaving incident. 5. Recognition of Charles Ewings for his dedicated service in the Texas Air National Guard. (DFB) Mayor Bristol recognized Mr. Ewings on his retirement of over 30 years of service in the Texas Air National Guard. Page 8 Item 4. Page 3 of 10 CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda at the request of Council Members or staff. 6. Consider and act upon the minutes from the October 24, 2023, Town Council Work Session meeting. (MLS) 7. Consider and act upon the minutes from the October 24, 2023, Town Council Regular meeting. (MLS) 8. Receive the Quarterly Investment Report for September 30, 2023. (CL) 9. Consider and act upon Resolution 2023-73 approving the Town of Prosper and Prosper Economic Development Corporation (PEDC) Investment Policy and Investment Strategy and approving the list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper and the PEDC. (RBS) 10. Consider authorizing the Town Manager to execute a six-month renewal of the Professional Services Agreement between Valley View Consulting, L.L.C., and the Town of Prosper, Texas, related to Investment Advisory services. (RBS) 11. Consider approval of adding Chapter 21, Capital Projects Management Policy to the Town’s Administrative Regulations. (RBS) 12. Consider and act upon Resolution 2023-74 casting its votes for the Collin County Central Appraisal District Board of Directors (CCAD). (MLS) 13. Consider and act upon Resolution 2023-75 casting its votes for the Denton County Central Appraisal District Board of Directors (DCAD). (MLS) 14. Consider and act upon approving the expenditure for annual software assurance of the Town’s computer aided dispatch and record management systems for Public Safety, from Integrated Computer Systems, Inc., a sole source provider. (LJ) 15. Consider and act upon approval of various annual maintenance, repair, and operational purchases for the Information Technology Department during FY 2024. (LJ) 16. Consider and act upon approving the purchase of Brine Master BM 3000 and ICE Master T-Series truck mounted applicator, from C&H Outdoor, LLC, through the Sourcewell Purchasing Cooperative; and authorizing the Town Manager to execute documents for the same. (FJ) 17. Consider and act upon approval of a portion of the FY24 vehicle and VERF equipment purchases utilizing cooperative purchasing contracts and approving the Town Manager to execute documents for same. (CL) 18. Consider and act upon approving a Services Agreement with Strategies 360 Texas, LLC, for Strategic Advocacy Services, and authorize the Town Manager to execute the same. (RB) Page 9 Item 4. Page 4 of 10 19. Consider and act upon approving an amendment to the agreement with Bureau Veritas for Annual Fire Safety Inspections; and authorize the Town Manager to execute the same. (SB) 20. Consider and act upon authorizing the Town Manager to execute a Professional Service Agreement between Front Line Mobile Health, PLLC, and the Town of Prosper Fire Rescue related to annual medical evaluations. (SB) 21. Consider and act upon approving an agreement with Medical Center of Plano for Medical Control and Continuing Education Services; and authorize the Town Manager to execute the same. (SB) 22. Consider and act upon authorizing the Town Manager to execute a Service Agreement between Cut with Craft and the Town of Prosper related to landscape maintenance for fire stations. (SB) 23. Consider and act upon authorizing the Town Manager to execute an Escrow Agreement between Prosper Independent School District (PISD), and the Town of Prosper, Texas, related to the design and construction of improvements on Teel Parkway and at the intersection of First Street and Artesia Boulevard adjacent to the Richland High School property. (HW) 24. Consider and act upon authorizing the Town Manager to execute a Water Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of a water line to serve the DNT Frontier Retail Center development. (HW) 25. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Stantec Consulting Services, Inc., and the Town of Prosper, Texas, related to the design of traffic signals on First Street at Artesia Boulevard and on Teel Parkway at Prairie Drive. (HW) 26. Conduct a public hearing and consider and act upon a request for an extension of a Specific Use Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located south of West First Street and west of South Dallas Parkway. The property is zoned Planned Development-19 (PD-19) Lattimore Batch Plan North and Specific Use Permit-6 (S-6) Nelson Bros Concrete Batch Plant. (S20-0002) (DH) 27. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plans. (DH) Mayor Pro-Tem Andres requested to pull item 12. Deputy Mayor Pro-Tem Ray made a motion to approve items 6 through 11 and 13 through 27. Councilmember Hodges seconded that motion. Motion carried unanimously. Mayor Pro-Tem Andres asked staff for reasoning behind the individual being selected. Mr. Scott noted that the Town selected the same person two years ago and due to having minimal votes, he recommended placing all of them with one person. Page 10 Item 4. Page 5 of 10 Mayor Pro-Tem Andres made a motion to approve Resolution 2023-74 casting its votes for the Collin County Central Appraisal District Board of Directors (CCAD). Councilmember Hodges seconded that motion. Motion carried unanimously. Item 22 was subsequently withdrawn by staff. CITIZEN COMMENTS No comments were made. Items for Individual Consideration: 28. Conduct a public hearing and consider and act upon a request for a Planned Development for an Office/Retail Building on 0.4± acres, for Bryant’s First Addition, Block 11, Lots 1, 11 and 12, located on the northeast corner of South Coleman Street and East Third Street. The property is zoned Single Family-15. (ZONE-23-0027) (DH) Mr. Hoover introduced the item indicating the applicant is requesting to build a two- story office building with two offices on the second floor and retail on the first floor. The base zoning being set as Downtown Retail allows for both office and retail uses that the applicant is seeking. Mr. Hoover indicated the list of permitted uses by right within this designation, proposed landscaping, and architectural standards. The Planning and Zoning Commission unanimously recommended approval. Staff recommends approval. The Town Council discussed concerns regarding the number of parking spaces proposed, footprint and orientation of the building, permitted uses, and concerns about having higher density retail uses. Michael Bryant, applicant, noted the plans and intent for the building. He noted the second floor would be office space for him and his business partner and the first floor would be for retail. The applicant was acceptable to having low density retail uses on the first floor. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. The Town Council further discussed the proposed parking, landscaping, excluding high density retail uses, and the widening of Coleman Street. Councilmember Hodges made a motion to approve a request for a Planned Development for an Office/Retail Building on 0.4± acres, for Bryant’s First Addition, Block 11, Lots 1, 11 and 12, located on the northeast corner of South Coleman Street and East Third Street subject to the following conditions: the first floor of the proposed structure may be used for retail or office uses and the second floor being limited to office use only; no beauty salons, nail salons, or barber shops shall be permitted on the property; and, the easter most landscape island on the north side of the project adjacent to the three (3) parking spaces may be deleted and utilized as a parking space. Mayor Pro-Tem Andres seconded that motion. Motion carried with a 6-1 vote. Deputy Mayor Pro-Tem Ray voting in opposition. Page 11 Item 4. Page 6 of 10 Councilmember Bartley left the dais. 29. Conduct a public hearing and consider and act upon a request for a Planned Development for an Office Building on 0.5± acres, for Bryant’s First Addition, Block 22, Lots 7-9, located on the northwest corner of South Parvin Street and East Second Street. The property is zoned Single Family-15. (ZONE-23-0028) (DH) Mr. Hoover introduced the item indicating the purpose of this request is to rezone the property from Single Family-15 to a Planned Development with a base zoning of Downtown Office. The intent of the request is to renovate an existing home into a professional office. The base zoning being set as Downtown Office allows the office uses that the applicant is seeking. Mr. Hoover indicated the list of permitted uses by right within this designation, proposed landscaping, and architectural standards. The Planning and Zoning Commission unanimously recommended approval. Staff recommends approval. Councilmember Hodges asked how many parking spaces were proposed. Mr. Hoover replied there are five (5) spaces proposed. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Councilmember Cotten made a motion to approve a request for a Planned Development for an Office Building on 0.5± acres, for Bryant’s First Addition, Block 22, Lots 7-9, located on the northwest corner of South Parvin Street and East Second Street. The property is zoned Single Family-15. Deputy Mayor Pro-Tem seconded that motion. Motion carried 6-0. Councilmember Bartely returned to the dais. 30. Conduct a public hearing to consider and act upon amending Chapter 2, Section 13 – Multifamily District; Chapter 4, Section 4.3 – Non-residential and multifamily parking provisions; and Chapter 4, Section 8 – Non-Residential & Multifamily Design and Development of the Town of Prosper Zoning Ordinance to modify Multifamily development standards. (ZONE-23-0024) DH) Mr. Hoover introduced this item listing the districts within the Comprehensive Plan where multifamily is identified within the Future Land Use Plan (FLUP) and the proposed amendments within each district. The Planning and Zoning Commission unanimously recommended approval. Staff recommends approval. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. The Town Council discussed minimum density requirements, height of buildings in each area and how these proposed amendments could change these areas. The Town Council was in consensus that more time was needed to evaluate the proposed amendments and any potential consequences of the changes. Page 12 Item 4. Page 7 of 10 Councilmember Bartely made a motion to table December 12, 2023, amending Chapter 2, Section 13 – Multifamily District; Chapter 4, Section 4.3 – Non-residential and multifamily parking provisions; and Chapter 4, Section 8 – Non-Residential & Multifamily Design and Development of the Town of Prosper Zoning Ordinance to modify Multifamily development standards. Councilmember Cotten seconded that motion. Motion carried unanimously. 31. Conduct a public hearing to consider and act upon amending Chapter 4, Section 5.2 – Location of Required Screening, of the Town of Prosper Zoning Ordinance to modify the screening requirements for trash and recycling collection areas. (ZONE-23-0025) (DH) Mr. Hoover introduced the item stating that based on discussions and comments provided by the Town Council, staff reviewed the criteria and is recommending additional criteria to minimize the visual impact of the refuse, the containers, and the screening walls. Mr. Hoover provided a summary of the proposed modifications which included the height of the screening walls will be of sufficient height to entirely screen the container(s), gate closed at all times unless being serviced, additional landscaping around the enclosure, and the enclosure shall remain clear of debris and food residue at all times. The Planning and Zoning Commission unanimously recommended approval. Staff recommends approval. The Town Council discussed the height of the enclosure and gate, color of the doors to match exterior of enclosure, and provisions to lock the enclosure. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Councilmember Hodges made a motion to approve amending Chapter 4, Section 5.2 – Location of Required Screening, of the Town of Prosper Zoning Ordinance to modify the screening requirements for trash and recycling collection areas as presented. Mayor Pro-Tem Andres seconded that motion. Motion carried unanimously. 32. Conduct a public hearing to consider and act upon amending Chapter 3, Section 1.4, Subpart 38 – Automobile Sales/Leasing, Used, of the Town of Prosper Zoning Ordinance to provide additional criteria for this use. (ZONE-23-0026) (DH) Mr. Hoover introduced this item stating that this amendment adds the following criteria that will only allow a used car dealership to operate in conjunction with a new car dealership. Used vehicle sales are only permitted as an accessory use to new vehicle sales. The Planning and Zoning Commission unanimously recommended approval. Staff recommends approval. Councilmember Hodges asked how this applies to individuals who work on and sell used cars out of their home. Mr. Hoover replied that he believes that someone would need to sell five (5) or more cars to be considered used car sales. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Page 13 Item 4. Page 8 of 10 Councilmember Bartley made a motion to approve amending Chapter 3, Section 1.4, Subpart 38 – Automobile Sales/Leasing, Used, of the Town of Prosper Zoning Ordinance to provide additional criteria for this use. Councilmember Cotten seconded that motion. Motion carried unanimously. 33. Consider and act upon Resolution 2023-76 of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way, and temporary construction easements for the construction of the First Street (DNT - Coleman) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. (HW) Mr. Webb stated this item addresses changes encountered during the acquisition process for two (2) of those parcels that have altered the area of real property that needs to be acquired. It is not anticipated that all parcels will require the use of eminent domain to complete the acquisition process, however, staff is requesting advance authorization to pursue acquisition by eminent domain if standard negotiations are unsuccessful. Mayor Pro-Tem Andres made a motion to approve a Resolution 2023-76 of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way, and temporary construction easements for the construction of the First Street (DNT - Coleman) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Deputy Mayor Pro-Tem Ray seconded that motion. Councilmember Cotten – In Favor Councilmember Hodges – In Favor Deputy Mayor Pro-Tem Ray – In Favor Mayor Pro-Tem Andres – In Favor Councilmember Kern – In Favor Councilmember Bartley – In Favor Mayor Bristol – In Favor Motion carried with a vote 7-0. 34. Discuss development strategies for Economic Development. (MM) [Continuation from the Work Session if needed.] No additional discussion took place. 35. Discuss and consider Town Council Subcommittee reports. (DFB) Councilmember Bartley provided a CIP Subcommittee report. Page 14 Item 4. Page 9 of 10 Mayor Bristol and Ms. Battle provided a Legislative Subcommittee report. Councilmember Kern noted the Downtown Advisory Committee met establishing a framework for meeting and potential items that they would like to bring forward for discussion. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Hodges asked staff about changing those Board members currently serving who wish to run for Council. Staff indicated this would require an election by amending the Charter. Deputy Mayor Pro-Tem Ray requested staff to review areas where drainage easements are abutting properties creating secondary affects. Councilmember Bartley requested to review dry detention in commercial areas and the parking requirement in Downtown, specifically, how long can a car park in one spot without moving. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. The Town Council recessed into Executive Session at 8:30 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 9:19 p.m. Mayor Pro-Tem Andres made a motion to approve an Amortization and Settlement Agreement with Holcim-SOR, Inc., and Vulcan Materials Company relative to the cessation of operations on their respective properties and authorize the Town Manager to execute the same. Deputy Mayor Pro-Tem Ray seconded that motion. Motion carried unanimously. Adjourn. The meeting was adjourned at 9:20 p.m. These minutes were approved on the 28th day of November 2023. APPROVED: David F. Bristol, Mayor Page 15 Item 4. Page 10 of 10 ATTEST: Michelle Lewis Sirianni, Town Secretary Page 16 Item 4. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: October 2023 Monthly Financial Report Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the October 2023 monthly financial report. Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges and no unexpected events have occurred that require significant changes in original projections. The attached monthly financial report for October 2023 was prepared in the old format. This format is not particularly “user friendly” and staff is looking to reformat the monthly financial reports after the ERP software conversion. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – October 31, 2023 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period October 2023 in compliance with the requirements of the Town Charter. Proposed Motion: I move to accept the October 2023 Monthly Financial Report in compliance with charter requirements. FINANCE Page 17 Item 5. MONTHLY FINANCIAL REPORT as of October 31, 2023 Cash/Budgetary Basis Prepared by Finance Department November 28, 2023 Page 18 Item 5. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 2023 Table of Contents General Fund 3 General Fund Charts 4 - 7 Crime Control and Prevention Special Purpose District 8 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 9 TIRZ #1 - Blue Star 10 TIRZ #2 11 Debt Service Fund 12 Special Revenue Fund 13 Park Dedication and Improvement Fund 14 East Thoroughfare Impact Fees Fund 15 West Thoroughfare Impact Fees Fund 16 Water Impact Fees Fund 17 Wastewater Impact Fees Fund 18 Impact Fee Chart 19 Vehicle and Equipment Replacement Fund 20 Health Insurance Fund 21 Water-Sewer Fund 22 - 23 Water-Sewer Fund Charts 24 - 26 Storm Drainage Utility Fund 27 Solid Waste Fund 28 Solid Waste Fund Chart 29 Capital Projects Fund-General 30 - 31 Capital Projects Fund-Water/Sewer 32 Page 19 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 22,592,145$ -$ 22,592,145$ 30,456$ -$ 22,561,689$ 0%1 97,885$ -69% Sales Taxes 13,835,910 - 13,835,910 911,522 - 12,924,388 7%734,278 24% Franchise Fees 3,221,816 - 3,221,816 68,143 - 3,153,673 2%2 53,745 27% Building Permits 3,700,000 - 3,700,000 930,435 - 2,769,565 25%125,835 639% Other Licenses, Fees & Permits 2,181,050 - 2,181,050 87,953 - 2,093,097 4%70,251 25% Charges for Services 1,296,023 - 1,296,023 5,362 - 1,290,661 0%4,106 31% Fines & Warrants 300,500 - 300,500 34,454 - 266,046 11%34,873 -1% Intergovernmental Revenue (Grants)37,840 - 37,840 - - 37,840 0%21,520 -100% Interest Income 750,000 - 750,000 66,613 - 683,387 9%43,044 55% Miscellaneous 63,751 - 63,751 5,103 - 58,649 8%8,213 -38% Park Fees 860,100 - 860,100 31,108 - 828,993 4%17,054 82% Transfers In 1,297,102 - 1,297,102 108,092 - 1,189,010 8%102,945 5% Total Revenues 50,136,237$ -$ 50,136,237$ 2,279,240$ -$ 47,856,997$ 5%1,313,749$ 73% EXPENDITURES Administration 11,693,828$ -$ 11,693,828$ 793,424$ 350,478$ 10,549,925$ 10%531,905$ 49% Police 9,595,898 - 9,595,898 325,142 129,143 9,141,613 5%195,902 66% Fire/EMS 10,562,840 - 10,562,840 457,421 401,096 9,704,322 8%404,241 13% Public Works 4,567,242 - 4,567,242 70,388 225,530 4,271,324 6%44,494 58% Community Services 7,486,803 - 7,486,803 326,544 420,997 6,739,262 10%238,196 37% Development Services 4,139,855 - 4,139,855 113,905 100,899 3,925,051 5%92,476 23% Engineering 2,684,047 - 2,684,047 99,093 50,000 2,534,954 6%67,800 46% Transfers Out - - - - - - 0%- 0% Total Expenses 50,730,513$ -$ 50,730,513$ 2,185,917$ 1,678,143$ 46,866,452$ 8%1,575,014$ 39% REVENUE OVER (UNDER) EXPENDITURES (594,276)$ -$ (594,276)$ 93,323$ (261,265)$ Beginning Fund Balance October 1 15,011,987 15,011,987 Ending Fund Balance 14,417,712$ 15,105,310$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Fund Balance Contingency per Charter and Reserve for FY23 = $9,586,518 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% GENERAL FUND Page 20 Item 5. $30,456 911,522 68,143 930,435 $97,885 734,278 53,745 125,835 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 21 Item 5. 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 19/20 FY 20/21 FY 21/22 FY22/23 FY23/24 Page 22 Item 5. 0% 7% 2% 25% 4% 0% 0% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Intergovernmental Revenue (Grants) 0%5%10%15%20%25%30% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET Page 23 Item 5. $50.731 $4.228 $2.186 $50.136 $4.178 $2.279 $- $10 $20 $30 $40 $50 $60 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures Page 24 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 243,356$ -$ 2,817,450$ 8%195,356$ 25% Interest Income 1,200 - 1,200 - - 1,200 0%246 -100% Other - - - - - - 0%- 0% Total Revenue 3,062,006$ -$ 3,062,006$ 243,356$ -$ 2,818,650$ 8%195,601$ 24% EXPENDITURES Personnel 3,167,364$ -$ 3,167,364$ 122,895$ -$ 3,044,469$ 4%110,183$ 12% Other 1,200 - 1,200 - - 1,200 0%(10,109) -100% Total Expenditures 3,168,564$ -$ 3,168,564$ 122,895$ -$ 3,045,669$ 4%100,073$ 23% REVENUE OVER (UNDER) EXPENDITURES (106,558)$ -$ (106,558)$ 120,461$ 95,528$ Beginning Fund Balance October 1 210,707 210,707 302,439 Ending Fund Balance Current Month 104,149$ 331,168$ 397,967$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT Page 25 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 242,942$ -$ 2,817,864$ 8%195,275$ 24% Interest Income 600 - 600 987 - (387) 164%266 271% Other - - - - - - 0%- 0% Total Revenue 3,061,406$ -$ 3,061,406$ 243,929$ -$ 2,817,477$ 8%195,542$ 25% EXPENDITURES Personnel 3,026,823$ -$ 3,026,823$ 93,444$ -$ 2,933,379$ 3%104,828$ -11% Other 2,400 - 2,400 - - 2,400 0%(10,109) -100% Total Expenditures 3,029,223$ -$ 3,029,223$ 93,444$ -$ 2,935,779$ 3%94,719$ -1% REVENUE OVER (UNDER) EXPENDITURES 32,183$ -$ 32,183$ 150,485$ 100,823$ Beginning Fund Balance October 1 495,556 495,556 203,982 Ending Fund Balance Current Month 527,739$ 646,041$ 304,805$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT Page 26 Item 5. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ -$ -$ 0%-$ 0% Wastewater Impact Fees 750,000 - 750,000 39,508 710,492 5%6,327 524% East Thoroughfare Impact Fees - - - - - 0%- 0% Property Taxes - Town (Current)1,108,174 - 1,108,174 - 1,108,174 0%- 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)236,601 - 236,601 - 236,601 0%- 0% Sales Taxes - Town 1,372,209 - 1,372,209 76,690 1,295,519 6%74,138 3% Sales Taxes - EDC 1,149,225 - 1,149,225 64,228 1,084,997 6%62,091 3% Interest Income 6,000 - 6,000 4,526 1,474 75%3,072 47% Transfer In - - - - - 0%- 0% Total Revenue 4,622,209$ -$ 4,622,209$ 184,951$ 4,437,258$ 4%145,628$ 27% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Rebate 4,616,209 - 4,616,209 - 4,616,209$ 0%- 0% Transfers Out - - - - -$ 0%- 0% Total Expenses 4,622,209$ -$ 4,622,209$ -$ 4,622,209$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 184,951$ 145,628$ Beginning Fund Balance October 1 989,032 989,032 301,260 Ending Fund Balance Current Month 989,032$ 1,173,983$ 446,888$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% TIRZ #1 - BLUE STAR Page 27 Item 5. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)39,537$ -$ 39,537$ -$ 39,537$ 0%-$ 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)8,441 - 8,441 - 8,441 0%- 0% Sales Taxes - Town - - - - - 0%- 0% Sales Taxes - EDC - - - - - 0%- 0% Interest Income 1,200 - 1,200 128 1,072 11%61 109% Total Revenue 49,178$ -$ 49,178$ 128$ 49,050$ 0%61$ 109% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Rebate 49,178 - 49,178 - 49,178 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenditures 49,178$ -$ 49,178$ -$ 49,178$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 128$ 61$ Beginning Fund Balance October 1 25,501 25,501 25,189 Ending Fund Balance Current Month 25,501$ 25,629$ 25,250$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% Page 28 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ (11,346)$ -$ 86,346$ -15%(2,033)$ 458% Property Taxes-Current 15,069,531 - 15,069,531 33,556 - 15,035,975 0%1 54,368 -38% Taxes-Penalties 40,000 - 40,000 734 - 39,266 2%1,138 -36% Interest Income 20,000 - 20,000 6,715 - 13,285 34%1,766 280% Transfer In - - - - - - 0%- 0% Total Revenues 15,204,531$ -$ 15,204,531$ 29,658$ -$ 15,174,873$ 0%55,240$ -46% EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 500 - 19,500 3%- 0% 2013 GO Refunding Bond 185,000 - 185,000 - - 185,000 0%- 0% 2014 GO Bond Payment 335,000 - 335,000 - - 335,000 0%- 0% 2015 GO Bond Payment 1,365,700 - 1,365,700 - - 1,365,700 0%- 0% 2015 CO Bond Payment 475,000 - 475,000 - - 475,000 0%- 0% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 90,000 - 90,000 - - 90,000 0%- 0% 2017 CO Debt Payment 450,000 - 450,000 - - 450,000 0% 2 - 0% 2018 GO Debt Payment 150,000 - 150,000 - - 150,000 0%- 0% 2018 CO Debt Payment 500,000 - 500,000 - - 500,000 0%- 0% 2019 CO Debt Payment 340,022 - 340,022 - - 340,022 0%- 0% 2019 GO Debt Payment 165,000 - 165,000 - - 165,000 0%- 0% 2020 CO Debt Payment 265,000 - 265,000 - - 265,000 0%- 0% 2021 CO Debt Payment 260,000 - 260,000 - - 260,000 0%- 0% 2021 GO Debt Payment 1,290,000 - 1,290,000 - - 1,290,000 0%- 0% 2022 GO Debt Payment 2,289,052 - 2,289,052 - - 2,289,052 0%- 0% Bond Interest Expense 6,772,662 - 6,772,662 - - 6,772,662 0%- 0% Total Expenditures 14,952,436$ -$ 14,952,436$ 500$ -$ 14,951,936$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 252,095$ -$ 252,095$ 29,158$ 55,240$ Beginning Fund Balance October 1 1,330,265 1,330,265 2,619,367 Ending Fund Balance Current Month 1,582,360$ 1,359,423$ 2,674,607$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% DEBT SERVICE FUND Page 29 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year Police Donation Revenue 15,500$ -$ 15,500$ 1,308$ -$ 14,192$ 8%1,271$ 3% Fire Donation Revenue 15,500 - 15,500 1,318 - 14,182 9%1,281 3% Child Safety Revenue 28,000 - 28,000 - - 28,000 0%- 0% Court Security Revenue 8,000 - 8,000 1,150 - 6,850 14%1,063 8% Court Technology Revenue 12,500 - 12,500 940 - 11,560 8%888 6% Municipal Jury revenue 150 - 150 23 - 127 16%21 12% Interest Income 2,425 - 2,425 10,559 - (8,134) 435%1,769 497% Interest Income CARES/ARPA Funds 180,000 - 180,000 32,025 - 147,975 18%14,869 115% Tree Mitigation - - - - - - 0%244,038 -100% Escrow Income - - - - - - 0%- 0% Cash Seizure Forfeit - - - - - - 0%- 0% Miscellaneous 3,000 - 3,000 - - 3,000 0%- 0% CARES Act/ARPA Funding 6,102,367 - 6,102,367 - - 6,102,367 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 6,367,442$ -$ 6,367,442$ 47,323$ -$ 6,320,119$ 1%265,200$ -82% EXPENDITURES LEOSE Expenditure 6,500$ -$ 6,500$ -$ -$ 6,500$ 0%3,300$ -100% Court Technology Expense 13,950 - 13,950 - - 13,950 0%- 0% Court Security Expense 16,860 - 16,860 - - 16,860 0%- 0% Police Donation Expense 26,872 - 26,872 - - 26,872 0%- 0% Fire Donation Expense 10,000 - 10,000 - - 10,000 0%- 0% Child Safety Expense 3,000 - 3,000 - - 3,000 0%- 0% Tree Mitigation Expense - - - - - - 0%- 0% Police Seizure Expense 12,995 - 12,995 - - - 0%- 0% CARES Act/ARPA Funding - - - - - - 0%- 0% Transfer Out (ARPA Funds)6,348,861 - 6,348,861 - - 6,348,861 0%- 0% Transfer Out (Tree Mitigation Funds)- - - - - - 0%- 0% Transfer Out (Escrow Funds)- - - - - - 0%- 0% Total Expenses 6,439,038$ -$ 6,439,038$ -$ -$ 6,426,043$ 0%3,300$ -100% REVENUE OVER (UNDER) EXPENDITURES (71,596)$ -$ (71,596)$ 47,323$ 261,900$ Beginning Fund Balance October 1 2,353,529 2,353,529 567,535 Ending Fund Balance Current Month 2,281,933$ 2,400,853$ 829,435$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% SPECIAL REVENUE FUNDS Page 30 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 1,628,000$ -$ 1,628,000$ -$ -$ 1,628,000$ 0%-$ 0% 60-4 Park Improvements 1,526,000 - 1,526,000 - - 1,526,000 0%- 0% Contributions/Grants - - - - - - 0%- 0% 60-4 Interest-Park Dedication 2,000 - 2,000 3,401 - (1,401) 170%2,291 48% 60-4 Interest-Park Improvements 4,050 - 4,050 3,982 - 68 98%2,956 35% Park Dedication - Transfers In - - - - - - - 0%- 0% Total Revenue 3,160,050$ -$ 3,160,050$ 7,383$ -$ 3,152,667$ 0%5,247$ 41% EXPENDITURES Windsong Neighborhood Park -$ -$ -$ -$ -$ -$ 0%-$ 0% Downtown Park Design 50,000 - 50,000 - - 50,000 0%- 0% Lakewood Park Improvements 750,000 - 750,000 - - 750,000 0%- 0% Transfers Out 913,800 - 913,800 913,800 - - 100%- 0% Total Expenses 1,713,800$ -$ 1,713,800$ 913,800$ -$ 800,000$ 53%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 1,446,250$ -$ 1,446,250$ (906,417)$ 5,247$ Beginning Fund Balance October 1 2,316,978 2,316,978 Ending Fund Balance Current Month 3,763,228$ 1,410,561$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% PARK DEDICATION AND IMPROVEMENT FUNDS Page 31 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 104,109$ East Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 100,000 - 100,000 13,244 Total Revenues 1,300,000$ -$ 1,300,000$ 117,353$ EXPENDITURES Developer Reimbursements FM 1461 (SH289-CR 165)175,000$ 175,000$ -$ 175,000$ 77,074$ -$ 97,927$ 97,927$ Cambridge Park Estates 250,000 250,000 - 250,000 - - 250,000 250,000 Total Developer Reimbursements 425,000$ 425,000$ -$ 425,000$ 77,074$ -$ 347,927$ -$ 347,927$ Capital Expenditures Coit Road (First - Frontier)1,289,900 50,000 - 50,000 - - 50,000 925,776 364,125 Impact Fee Study 50,000 - - - - - - 8,646 41,354 Total Projects 1,339,900$ 50,000$ -$ 50,000$ -$ -$ 50,000$ 934,422$ 405,478$ Transfer to Capital Project Fund 1,820,000 - - - - - 1,820,000 Total Transfers Out 1,820,000$ -$ -$ -$ -$ -$ -$ -$ 1,820,000$ Total Expenditures 3,584,900$ 475,000$ -$ 475,000$ 77,074$ -$ 397,927$ 934,422$ 2,573,405$ REVENUE OVER (UNDER) EXPENDITURES 825,000$ 40,279$ Beginning Fund Balance October 1 2,586,980 2,586,980 Ending Fund Balance Current Month 3,411,980$ 2,627,260$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 EAST THOROUGHFARE IMPACT FEES FUND Page 32 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,000,000 - 4,000,000 417,642 West Thoroughfare Other Revenue - - - - Interest-West Thoroughfare Impact Fees 150,000 - 150,000 32,140 Total Revenues 4,150,000$ -$ 4,150,000$ 449,781$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 450,000 450,000 - 450,000 - 450,000 450,000 Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 - 1,500,000 1,500,000 Tellus Windsong Developer Reimb 571,668 571,668 - 571,668 - 571,668 571,668 Legacy Garden Developer Reimb 103,492 103,492 - 103,492 - 103,492 103,492 Total Developer Reimbursements 2,625,160$ 2,625,160$ -$ 2,625,160$ -$ -$ 2,625,160$ -$ 2,625,160$ Capital Expenditures Impact Fee Study 50,000 50,000 - 50,000 - - 50,000 50,000 Fishtrap (Elem-DNT)300,000 300,000 - 300,000 - - 300,000 300,000 Teel - 380 Intersect 300,000 300,000 - 300,000 - - 300,000 300,000 Total Projects 650,000$ 650,000$ -$ 650,000$ -$ -$ 650,000$ -$ 650,000$ Transfer to Capital Project Fund - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 3,275,160$ 3,275,160$ -$ 3,275,160$ -$ -$ 3,275,160$ -$ 3,275,160$ REVENUE OVER (UNDER) EXPENDITURES 874,840$ 449,781$ Beginning Fund Balance October 1 5,891,146 5,891,146 Ending Fund Balance Current Month 6,765,986$ 6,340,927$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 WEST THOROUGHFARE IMPACT FEES FUND Page 33 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,250,000$ -$ 3,250,000$ 304,146$ Interest Income 200,000 - 200,000 40,744 Total Revenues 3,450,000$ -$ 3,450,000$ 344,890$ EXPENDITURES Developer Reimbursements Cambridge Park Estates -$ -$ -$ -$ -$ -$ -$ Parks at Legacy Developer Reimb 319,981 319,981 - 319,981 - 319,981 319,981 Star Trail Developer Reimb 412,192 412,192 - 412,192 - 412,192 412,192 Victory at Frontier Developer Reimb 128,471 128,471 - 128,471 - 128,471 128,471 Westside Developer Reimb 300,000 300,000 - 300,000 - 300,000 300,000 TVG Windsong Developer Reimb 1,020,000 1,020,000 - 1,020,000 - 1,020,000 1,020,000 Total Developer Reimbursements 2,180,644$ 2,180,644$ -$ 2,180,644$ -$ -$ 2,180,644$ -$ 2,180,644$ Capital Expenditures 12" Water Line - DNT 200,000$ 24,250$ -$ 24,250$ -$ -$ 24,250$ 133,107$ 66,893$ Lower Pressure Plane 3,100,000$ -$ 3,100,000$ -$ -$ 3,100,000$ -$ Lower Pressure Plane Easements 1,500,000 - - - - - - 95 1,499,905 Impact Fee Study 100,000 100,000 - 100,000 - - 100,000 41,761 58,239 Total Projects 1,800,000$ 3,224,250$ -$ 3,224,250$ -$ -$ 3,224,250$ 174,962$ 1,625,038$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 3,980,644$ 5,404,894$ -$ 5,404,894$ -$ -$ 5,404,894$ 174,962$ 3,805,682$ REVENUE OVER (UNDER) EXPENDITURES (1,954,894)$ 344,890$ Beginning Fund Balance October 1 7,739,463 7,739,463 Ending Fund Balance Current Month 5,784,569$ 8,084,352$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 WATER IMPACT FEES FUND Page 34 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,214,190$ -$ 2,214,190$ 158,596$ Interest Income 100,000 - 100,000 19,263 Upper Trinity Equity Fee 300,000 - 300,000 19,500 Total Revenues 2,614,190$ -$ 2,614,190$ 197,359$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 222,502$ 222,502$ -$ 222,502$ -$ 222,502$ 222,502$ Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - 100,000 100,000 Frontier Estates Developer Reimb - - - - - - - LaCima Developer Reimb 150,000 150,000 - 150,000 - 150,000 150,000 Brookhollow Developer Reimb 152,146 152,146 - 152,146 - 152,146 152,146 TVG Windsong Developer Reimb 650,000 650,000 - 650,000 - 650,000 650,000 All Storage Developer Reimb 168,732 168,732 - 168,732 - 168,732 168,732 Legacy Garden Developer Reimb 86,711 86,711 - 86,711 - 86,711 86,711 Total Developer Reimbursements 1,530,091$ 1,530,091$ -$ 1,530,091$ -$ -$ 1,530,091$ -$ 1,530,091$ Capital Expenditures Doe Branch Wastewater Lines 975,000$ 212,000$ -$ 212,000$ -$ -$ 212,000$ 275,380$ 699,620$ Impact Fee Study 100,000 - - - - - - 41,761 58,239 Total Projects 1,075,000$ 212,000$ -$ 212,000$ -$ -$ 212,000$ 317,141$ 757,859$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 2,605,091$ 1,742,091$ -$ 1,742,091$ -$ -$ 1,742,091$ 317,141$ 2,287,950$ REVENUE OVER (UNDER) EXPENDITURES 872,099$ 197,359$ Beginning Fund Balance October 1 3,623,134 3,623,134 Ending Fund Balance Current Month 4,495,233$ 3,820,493$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 WASTEWATER IMPACT FEES FUND Page 35 Item 5. WATER WASTEWATER EAST THOROUGHFARE WEST THOROUGHFARE ANNUAL BUDGET $3,250,000 $2,214,190 $1,200,000 4,000,000 YTD ACTUAL $304,146 $158,596 $104,109 $417,642 % OF BUDGET 9%7%9%10% 9% 7%9% 10% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 IMPACT FEE REVENUE YTD Actual to Annual Budget Page 36 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%- 0% Interest Income 250,000 - 250,000 26,984 - 223,016 11%10,288 162% Charges for Services 1,478,966 - 1,478,966 123,247 - 1,355,719 8%115,438 7% Total Revenue 1,878,966$ -$ 1,878,966$ 150,231$ -$ 1,728,735$ 8%125,726$ 19% EXPENDITURES Vehicle Replacement 772,500$ -$ 772,500$ -$ 26,324$ 746,177$ 3%-$ 0% Equipment Replacement 179,470 - 179,470 9,529 191,706 (21,765) 112%- 0% Technology Replacement 169,600 - 169,600 - 11,157 158,443 7%- 0% Total Expenditures 1,121,570$ -$ 1,121,570$ 9,529$ 229,187$ 882,854$ 21%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 757,396$ -$ 757,396$ 140,702$ 125,726$ Beginning Fund Balance October 1 5,334,214 5,334,214 3,957,862 Ending Fund Balance Current Month 6,091,610$ 5,474,917$ 4,083,588$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% VEHICLE AND EQUIPMENT REPLACEMENT FUND Page 37 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 4,736,885$ -$ 4,736,885$ 312,646$ -$ 4,424,239$ 7%139,534$ 124% Miscellaneous 250,000 - 250,000 3,020 - 246,980 1%- 0% Interest Income 5,000 - 5,000 1,798 - 3,202 36%1,960 -8% Total Revenue 4,991,885$ -$ 4,991,885$ 317,464$ -$ 4,674,421$ 6%141,494$ 124% EXPENDITURES Contractual Services 149,500$ -$ 149,500$ 3,316$ -$ 146,184$ 2%243$ 1267% Employee Health Insurance 4,834,516 - 4,834,516 193,502 - 4,641,014 4%111,746 73% Total Expenditures 4,984,016$ -$ 4,984,016$ 196,818$ -$ 4,787,198$ 4%111,988$ 76% REVENUE OVER (UNDER) EXPENDITURES 7,869$ -$ 7,869$ 120,647$ 29,505$ Beginning Fund Balance October 1 389,018 389,018 552,615 Ending Fund Balance Current Month 396,887$ 509,665$ 582,120$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% HEALTH INSURANCE FUND Page 38 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 23,114,755$ -$ 23,114,755$ 2,543,933$ -$ 20,570,822$ 11%2,339,295$ 9% Sewer Charges for Services 11,892,552 - 11,892,552 924,915 - 10,967,637 8%853,781 8% Licenses, Fees & Permits 377,705 - 377,705 49,895 - 327,810 13%34,346 45% Utility Billing Penalties 186,900 - 186,900 36,957 - 149,943 20%19,958 85% Interest Income 350,000 - 350,000 64,003 - 285,997 18%30,868 107% Other 3,494,342 - 3,494,342 93,676 - 3,400,666 3%96,842 -3% Transfer In - - - - - - 0 - 0% Total Revenues 39,416,254$ -$ 39,416,254$ 3,713,379$ -$ 35,702,875$ 9%3,375,091$ 10% EXPENDITURES Administration 1,313,504$ -$ 1,313,504$ 187,233$ 3,310$ 1,122,962$ 15%312,680$ -40% Debt Service 4,847,274 - 4,847,274 - - 4,847,274 0%1 - 0% Water Purchases 12,704,415 - 12,704,415 - - 12,704,415 0%- 0% Sewer Management Fee 4,560,895 - 4,560,895 527,907 - 4,032,988 12%458,523 15% Franchise Fee 689,851 - 689,851 57,488 - 632,363 8%44,127 30% Public Works 8,226,657 - 8,226,657 198,095 116,176 7,912,386 4%156,210 27% Transfer Out 9,255,356 - 9,255,356 98,642 - 9,156,714 1%95,986 3% Total Expenses 41,597,952$ -$ 41,597,952$ 1,069,365$ 119,486$ 35,743,750$ 3%1,067,526$ 0% REVENUE OVER (UNDER) EXPENDITURES (2,181,698)$ -$ (2,181,698)$ 2,644,014$ 2,307,566$ Beginning Working Capital October 1 17,832,990 17,832,990 12,669,408 Ending Working Capital 15,651,292$ 20,477,004$ 14,976,974$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY23 = $8,278,513 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% WATER-SEWER FUND Page 39 Item 5. Oct-23 Oct-22 Growth % WATER SEWER WATER SEWER Change Four Year Cumulative # of Accts Residential 12,780 12,076 11,881 11,148 7.93%FY2024 FY2023 Average Average # of Accts Commercial 453 408 418 373 8.85%October 19,061 20,110 17,424 17,424 Consumption-Residential 244,138,290 83,696,876 239,172,340 81,386,383 2.27%November 11,190 11,104 28,528 Consumption-Commercial 29,788,750 18,338,280 31,946,620 15,803,250 0.79%December 6,273 7,256 35,784 Consumption-Commercial Irrigation 62,225,090 43,166,420 44.15%January 8,049 6,727 42,511 Avg Total Res Water Consumption 19,061 20,110 -5.21%February 5,914 6,381 48,891 Billed ($) Residential 1,656,366$ 751,358$ 1,628,504$ 713,388$ 2.81%March 5,839 6,436 55,327 Billed ($) Commercial 275,490$ 145,360$ 291,878$ 128,510$ 0.11%April 10,053 9,333 64,660 Billed ($) Commercial Irrigation 574,081$ 394,011$ 45.70%May 14,092 12,345 77,005 Total Billed ($)2,505,937$ 896,719$ 2,314,394$ 841,898$ 7.81%June 14,281 13,323 90,328 July 16,992 17,885 108,212 August 23,095 23,040 131,252 September 26,836 19,429 150,681 TOTAL (gal)19,061 162,724 150,681 Avg. Temp (°F)# Rain Days Month FY2024 FY2023 Average Cumulative October 68°8 11.30 5.65 8.48 8.48 November 5.82 5.82 14.30 December 3.43 3.43 17.73 January 1.29 1.29 19.02 February 4.51 4.51 23.53 March 2.69 2.69 26.22 April 1.20 1.20 27.42 May 3.62 3.62 31.04 June 2.35 2.35 33.39 July 0.47 0.47 33.86 August 0.07 0.07 33.93 September 1.18 1.18 35.11 Annual 8.00 11.30 32.28 35.11 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2023-10 FY24 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% WATER-SEWER FUND Average Total Residential Water Consumption by Month Rainfall Page 40 Item 5. 11% 8% 13% 20% 3% Water Charges for Services Sewer Charges for Services Licenses, Fees & Permits Utility Billing Penalties Other 0%5%10%15%20%25% WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET Page 41 Item 5. $2,543,933 - $2,339,295 - $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 42 Item 5. 924,915 527,907 853,781 458,523 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 43 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 1,015,000$ -$ 1,015,000$ 75,540$ -$ 939,460$ 7%69,318$ 9% Drainage Review Fee - - - - - - 0%- 0% 45-4 Interest Income 1,800 - 1,800 176 - 1,624 10%(270) -165% Other Revenue 3,000 - 3,000 - - 3,000 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 1,019,800$ -$ 1,019,800$ 75,716$ -$ 944,084$ 7%69,048$ 10% EXPENDITURES Personnel Services 329,605$ -$ 329,605$ 6,718$ -$ 322,887$ 2%6,325$ 6% Debt Service 219,463 - 219,463 - - 219,463 0%2 - 0% 45-7 Operating Expenditures 336,231 - 336,231 539 3,076 332,616 1%8,972 -94% Transfers Out 107,996 - 107,996 9,450 - 98,546 9%1 9,000 5% Total Expenses 993,295$ -$ 993,295$ 16,707$ 3,076$ 973,512$ 2%24,297$ -31% REVENUE OVER (UNDER) EXPENDITURES 26,505$ -$ 26,505$ 59,009$ 44,751$ Beginning Working Capital October 1 380,410 380,410 632,579 Ending Working Capital Current Month 406,915$ 439,419$ 677,330$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% STORM DRAINAGE UTILITY FUND Page 44 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 2,979,722$ -$ 2,979,722$ 225,991$ -$ 2,753,731$ 8%183,388$ 23% Interest Income - - - 214 - (214) 0%106 103% Transfer In 2,050,000 - 2,050,000 - - 2,050,000 0%- 0% Total Revenues 5,029,722$ -$ 5,029,722$ 226,205$ -$ 4,803,517$ 4%183,494$ 23% EXPENDITURES Administration 67,554$ -$ 67,554$ 25$ -$ 67,529$ 0%-$ 0% Sanitation Collection 2,668,887 - 2,668,887 - - 2,668,887 0%- 0% Capital Expenditure 1,955,000 - 1,955,000 - 1,950,480 4,520 100%- 0% Debt Service 273,000 - 273,000 - - 273,000 0%- 0% Transfer Out 30,000 - 30,000 - - 30,000 0%- 0% Total Expenses 4,994,441$ -$ 4,994,441$ 25$ 1,950,480$ 3,043,936$ 39%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 35,281$ -$ 35,281$ 226,180$ 183,494$ Beginning Working Capital October 1 6,018 6,018 Ending Working Capital 41,299$ 232,198$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 Expected Year to Date Percent 8.33% SOLID WASTE FUND Page 45 Item 5. $225,991 - $183,388 - $- $50,000 $100,000 $150,000 $200,000 $250,000 Sanitation Charges for Services Sanitation Collection SOLID WASTE REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 46 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants 1,877,105$ -$ 1,877,105$ -$ Property Taxes-Delinquent 0 - - (6,366) Property Taxes-Current 8,502,003 - 8,502,003 19,309 Taxes-Penalties 0 - - 520 Contributions/Interlocal Revenue - - - - Bond Proceeds - - - - Interest Income - - - 455,891 Other Revenue - - - - Transfers In - General Fund - - - - Transfers In - Impact Fee Funds - - - - Transfers In - Escrows - - - - Transfers In - Park Dedication/Improvement - - - 913,800 *Transfers In/Out - Bond Funds - - - - Total Revenues 10,379,108$ -$ 10,379,108$ 1,383,155$ EXPENDITURES West Prosper Roads 14,168,828$ - - - - - - 14,017,321 151,508 Fishtrap (seg 2) PISD Reimbursement 1,063,033 - - - - - - 940,631 122,402 DNT Main Lane (US 380 - FM 428)2,557,062 - - - - - - - 2,557,062 Coit Rd (First-Frontier) 4 Lns 6,500,000 - - - - - - 801 6,499,199 First St (DNT to Coleman)24,786,567 - - - - - - 2,142,264 22,644,304 First Street (Elem-DNT) 4 Lanes 30,879,730 - - - - - - 7,418,615 23,461,115 Preston Road / First Street Dual Left Turns (Design & C 900,000 - - - - - - - 900,000 First St (Coit-Custer) 4 Lanes 27,269,101 - - - - - - 18,463,886 8,805,215 Preston/Prosper Trail Turn Lane 900,000 - - - 157 - (157) 150,538 749,304 Craig Street (Preston-Fifth)450,000 - - - - - - 313,073 136,928 First Street (Teel - Gee Road)6,025,000 - - - - - - 4,789,978 1,235,022 Gee Road (First Street - Windsong)5,414,933 - - - - - - 3,016,368 2,398,566 Coleman (Gorgeous - Prosper Trail)1,500,000 - - - - - - 554,557 945,443 Coleman (Prosper Trail - PHS)720,000 - - - - - - - 720,000 Legacy (Prairie - First Street)11,425,000 - - - - - - 698,272 10,726,729 Coit/US 380 SB Turn Lanes 300,000 - - - 157 - (157) 23,986 275,857 Parvin (FM 1385 - Legacy)500,000 - - - - - - 500,000 - US 380 Deceleration Lanes - Denton County 500,000 - - - - - - - 500,000 Safety Way 800,000 - - - - - - - 800,000 Gorgeous/McKinley 700,000 - - - - - - - 700,000 Renaming of Fishtrap Road to W. First Street 80,000 - - - - - - 2,877 77,123 Gee Road (US 380--FM 1385)2,200,000 - - - - - - 106,028 2,093,972 Frontier (Legacy-DNT)300,000 - - - - - - 300,000 - First Street (Coleman)500,000 - - - - - - 209 499,791 Star Trail, Phase 5: Street Repairs 1,450,000 - - - - - - - 1,450,000 Prosper Trail (Coit - Custer) - 2 WB lanes 400,000 - - - - - - - 400,000 Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)5,850,000 - - - - - - 194,933 5,655,067 US380 Median Lighting 485,000 - - - - - - 465,912 19,088 Fifth Street Quiet Zone 500,000 - - - - - - - 500,000 Traffic Signal - Fishtrap & Artesia Boulevard 65,000 - - - - - - - 65,000 Traffic Signal - DNT/Frontier 265,000 - - - - 83,000 (83,000) - 182,000 Traffic Signal - Teel Pkway & Prairie Drive 65,000 - - - - - - - 65,000 Signl Sdy/Beacon Aca 128,300 - - - - 128,300 (128,300) - - Capital Expenditures 4,176,553 - 4,176,553 - - 4,176,553 - Total Street Projects 149,647,555$ 4,176,553$ -$ 4,176,553$ 315$ 211,300$ 3,964,939$ 54,100,247$ 95,335,694$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 CAPITAL PROJECTS FUND - GENERAL Page 47 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 CAPITAL PROJECTS FUND - GENERAL Turf Irrigation SH289 68,000 -$ -$ -$ -$ -$ -$ 48,935 19,065 US 380 Median Design (Green Ribbon)821,250 - - - - - - 65,800 755,450 Tanner's Mill Phase 2 Design 1,396,400 - - - - - - 1,385,109 11,291 Lakewood Preserve, Phase 2 4,982,255 - - - - - - - 4,982,255 Pecan Grove Ph II 70,457 - - - - - - 68,958 1,499 Gee Road Trail Connection 700,000 - - - - - - - 700,000 Downtown Pond Improvements 120,000 - - - - - - 11,760 108,240 Raymond Community Park 19,800,000 - - - - - - 808,342 18,991,658 Coleman Median Landscape (Victory-Preston)650,000 - - - - - - 454,811 195,189 Prosper Trail Median Landscape 275,000 - - - - - - 150,723 124,277 Windsong Parkland Dedication 1,913,800 - - - 1,913,800 - (1,913,800) - - Froniter Park Pond Repairs 473,000 - - - - - - - 473,000 Prosper Trail Screening (Preston - Deer Run)750,000 - - - - - - - 750,000 Total Park Projects 32,020,161$ -$ -$ -$ 1,913,800$ -$ (1,913,800)$ 2,994,439$ 27,111,923$ PD Car Camera and Body worn Camera System 387,225 -$ -$ -$ -$ -$ -$ 16,900 370,325 Station #3 Quint Engine 1,495,000 - - - - - - 1,469,880 25,120 Station #3 Ambulance 495,000 - - - - - - 454,891 40,109 Parks & Public Works, Phase 1 1,200,000$ - - - - - - - 1,200,000 Awnings for Storage 19,800 - - - - - - 11,100 8,700 Public Safety Complex, Phase 2-Design 1,578,290 - - - - - - 1,562,823 15,467 Public Safety Complex, Phase 2-Dev Costs 647,325 - - - - - - 123,716 523,609 Public Safety Complex, Phase 2-Construction 14,500,000 - - - - - - 14,499,866 134 Public Safety Complex, Phase 2-FFE 1,274,385 - - - - - - 1,099,946 174,439 Fire Station #4 - Design 623,555 - - - - - - 472,987 150,568 Fire Station #4 - Engine 1,250,000 - - - - - - 1,222,787 27,213 Fire Station #4 - Ambulance 552,000 - - - - - - 124,407 427,593 Fire Station #4 - Other Costs 8,250 - - - - - - 8,250 - Fire Station #4 Construction 10,168,195 - - - - - - - 10,168,195 Parks and Public Works Parking Lot 1,000,000 - - - - - - - 1,000,000 Interim Community Center 2,250,000 - - - - - - - 2,250,000 Finish Out Interior Spaces Town Hall First and Second Floor 650,000 - - - - - - - 650,000 Total Facility Projects 38,099,025$ -$ -$ -$ -$ -$ -$ 21,067,553$ 17,031,472$ Transfer Out - - - - - - - - - Total Expenditures 219,766,741$ 4,176,553$ -$ 4,176,553$ 1,914,115$ 211,300$ 2,051,139$ 78,162,238$ 139,479,089$ REVENUE OVER (UNDER) EXPENDITURES 6,202,555$ (530,960)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702 Page 48 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 243,637$ Bond Proceeds - - - - Transfers In - - - - Transfers In - ARPA Funds 6,348,980 - 6,348,980 - Transfers In - Impact Fee Funds - - - - Transfers In - Bond Funds - - - - Total Revenues 6,348,980$ -$ 6,348,980$ 243,637$ EXPENDITURES Lower Pressure Plane Pump Station Design 17,978,338$ -$ - - - - - 10,661,282$ 7,317,056$ LPP Water Line Phase, 2A 11,452,762 - - - - - - - 11,452,762 Broadway (Parvin-Craig)150,000 - - - - - - - 150,000 Fishtrap (Elem-DNT) (Legacy Water Line)15,000 - - - - - - 15,000 - Doe Branch Parallel Interceptor 5,000,000 - - - - - - - 5,000,000 Doe Branch, Phase 3 WWTP 55,000,000 6,348,980 - 6,348,980 - - 6,348,980 - 55,000,000 Wilson Creek WW Line 400,000 - - - - - - - 400,000 Parks & Public Works, Phase 1 600,000 - - - - - - - 600,000 DNT (Prosper Trail - Frontier Parkway) 12-inch WL 4,500,000 - - - - - - - 4,500,000 Upper Doe Branch WW Line (Teel-PISD Stadium)4,050,000 - - - - - - - 4,050,000 DNT Water Line Relocation (US 380 - First St)2,146,650 - - - - - - 837 2,145,813 Water Line Relocation Frontier 3,400,000 - - - - - - 239,561 3,160,439 Total Water & Wastewater Projects 104,692,750$ 6,348,980$ -$ 6,348,980$ -$ -$ 6,348,980$ 10,916,679$ 93,776,071$ Old Town Regional Pond #2 48,386 - - - - - - 31,210 17,177 Total Drainage Projects 48,386$ -$ -$ -$ -$ -$ -$ 31,210$ 17,177$ Transfer out - - - - - - - - Total Expenses 104,741,136$ 6,348,980$ -$ 6,348,980$ -$ -$ 6,348,980$ 10,947,889$ 93,793,247$ REVENUE OVER (UNDER) EXPENDITURES -$ 243,637$ Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835 Ending Fund Balance (Restricted for Capital Projects) Current Month 40,601,835$ 40,845,472$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2023 CAPITAL PROJECTS FUND-WATER/SEWER Page 49 Item 5. Page 1 of 2 To: Mayor and Town Council From: Terrence S. Welch, Town Attorney Through: Mario Canizares, Town Manager Re: Resolution Suspending CoServ Gas Rates Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a resolution suspending the September 1, 2023, effective date of a rate request from CoServ Gas Ltd. for the maximum period allowed by law. Description of Agenda Item: On July 28, 2023, CoServ Gas, Ltd. (“CoServ”), pursuant to Subchapter C of Chapter 104 of the Gas Utility Regulatory Act, filed its Statement of Intent to change gas rates at the Railroad Commission of Texas (“RRC”) and in all municipalities exercising original jurisdiction within its service area, effective September 1, 2023. CoServ is seeking to increase its annual revenues in incorporated areas by $10,314,726, which is an increase of 7.5% including gas costs, or 27.3% excluding gas costs. CoServ is also requesting: (1) new depreciation rates for distribution and general plant; (2) a prudence determination for capital investment; (3) specification of the factors to be used in any Interim Rate Adjustment Filing the Company makes pursuant to Texas Utilities Code § 104.302; and (4) a surcharge on customer bills to recover the reasonable rate case expenses associated with the filing of this statement of intent. The resolution suspends the September 1, 2023, effective date of the Company’s rate increases for the maximum period permitted by law to allow the Town, working in conjunction with other similarly situated cities with original jurisdiction served by CoServ, to evaluate the filing, to determine whether the filing complies with the law, and if lawful, to determine what further strategy, including settlement, to pursue. State law provides that a rate request cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the Town to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the Town fails to take some action regarding the filing before the effective date, CoServ’s rate request is deemed approved. Budget Impact: There is no budgetary impact affiliated with this item. TOWN ATTORNEY Page 50 Item 6. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached Resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: The Town Attorney recommends that the Town Council adopt the attached Resolution to allow it, in conjunction with similarly situated municipalities, to review the requested rate increase and evaluate options relative thereto. Proposed Motion: I move to approve a Resolution providing that the effective date of a rate request submitted by CoServ Gas Ltd. be suspended for the maximum period allowed by law and to cooperate with other similarly situated municipalities in reviewing the CoServ rate request. Page 51 Item 6. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-xx A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, SUSPENDING THE SEPTEMBER 1, 2023, EFFECTIVE DATE OF COSERV GAS, LTD.’S REQUESTED RATE CHANGE TO PERMIT THE TOWN TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER MUNICIPALITIES IN THE COSERV SERVICE AREA, TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF THE STEERING COMMITTEE OF MUNICIPALITIES SERVED BY COSERV GAS’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about July 28, 2023, CoServ Gas, Ltd (“CoServ” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102 filed with the Town of Prosper (“Town”) a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its service area, effective September 1, 2023; and WHEREAS, the Town is a gas utility customer and a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, § 104.001 et seq. of GURA has exclusive original jurisdiction over CoServ’s rates, operations, and services within the Town; and WHEREAS, in order to maximize the efficient use of resources and expertise, it is reasonable for the Town to cooperate with other municipalities in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, it is not possible for the Town to complete its review of CoServ’s filing by the September 1, 2023, effective date proposed in CoServ’s Statement of Intent; and WHEREAS, the Town will need an adequate amount of time to review and evaluate CoServ’s rate application to enable the Town to adopt a final decision as a local regulatory authority with regard to CoServ’s requested rate increase; and WHEREAS, GURA § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, GURA § 103.022 provides that costs incurred by municipalities in ratemaking activities are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct legislative determinations of the Town of Prosper, Texas, and are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. Page 52 Item 6. Resolution No. 2023-xx, Page 2 SECTION 2 The September 1, 2023, effective date of the rate request submitted by CoServ on July 28, 2023, shall be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. SECTION 3 The Town is authorized to cooperate with other municipalities in the CoServ service area, CoServ Gas Cities, and subject to the right to terminate employment at any time, hereby authorizes the hiring of Thomas L. Brocato of the law firm of Lloyd Gosselink Rochelle and Townsend, P.C. and consultants, to review CoServ’s filing, negotiate with the Company, make recommendations to the Town regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the Town or Texas Railroad Commission. SECTION 4 The Town’s reasonable rate case expenses shall be reimbursed by CoServ. SECTION 5 It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 6 A copy of this Resolution shall be sent to CoServ, care of Charles D. Harrell, CoServ Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, and to Thomas L. Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, TX 78701. SECTION 7 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28th DAY OF NOVEMBER, 2023. ___________________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary Page 53 Item 6. Resolution No. 2023-xx, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 54 Item 6. Page 1 of 1 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Forensics X7 Scanning System Purchase Town Council Meeting - November 28, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon the approval of the purchase of a Forensics X7 Scanning System through the DIR-CPO-4504; and authorizing the Town Manager to execute documents for the same. Description of Agenda Item: In the FY24 annual budget, the Town Council approved the purchase of a replacement FARO System. The current system is outdated and no longer supported. The new equipment, Trimble X7 Laser Forensics Scanner, will be used by the Patrol Division-Traffic Unit and crime scene investigators. Replacing this system will provide the Department with valuable evidence. This system will be purchased utilizing the State of Texas DIR-CPO-4504. Budget Impact: Funds for $64,328 are budgeted in Police Operations IT Licenses account #100-5419-20-01. Attached Documents: 1. Sales Quote SQ-61865 2. DIR-CPO-4504 Information Summary Town Staff Recommendation: Town Staff recommends approval of the purchase of the purchase of a Forensics X7 Scanning System through the DIR-CPO-4504; and authorizing the Town Manager to execute documents for the same. Proposed Motion: I move to approve the purchase of a Forensics X7 Scanning System through the DIR-CPO-4504; and authorizing the Town Manager to execute documents for the same. POLICE DEPARTMENT Page 55 Item 7. Page 56 Item 7. Page 57 Item 7. Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Flock Group, Inc Updated Service Agreement Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Service Agreement between Flock Group Inc. and the Town of Prosper, Texas, related to the purchase of additional products and services. Description of Agenda Item: In January 2023, the Town Council approved a two-year Service Agreement with Flock Group, Inc. for the purchase of a software and hardware situational awareness solution for automatic license plates, video and audio detection. The updated Service Agreement will add additional functionality and services with the addition of several live-feed Condor cameras and FlockOS. In addition, the new Service Agreement locks in pricing at the current rate for the next five (5) years. (This is a sole source purchase.) This agreement supersedes the original approved agreement approved in January 2023. Budget Impact: $125,500.00 was budgeted in the FY24 Operating Budget in 100-6140-20-01. Year one: $157,000.00 (The difference in the originally budgeted FY24 amount and updated Service Agreement amount will be covered with a $39,000.00 cost savings from the FY23 Motorola Camera Project.) Annual Recurring: $152,500.00 Total contract amount: $767,000.00 (to be budgeted in subsequent fiscal years) Attached Documents: 1. Flock Group, Inc. Agreement 2. Flock Group, Inc. Sole Source Letter POLICE DEPARTMENT Page 58 Item 8. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council approve authorizing the Town Manager to execute a Service Agreement between Flock Group Inc. and the Town of Prosper, Texas, related to the purchase of additional products and services. Proposed Motion: I move to approve authorizing the Town Manager to execute a Service Agreement between Flock Group Inc. and the Town of Prosper, Texas, related to the purchase of additional products and services. Page 59 Item 8. Flock Safety + TX - Prosper PD ______________ Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 ______________ MAIN CONTACT: Ashley Shambo ashley.shambo@flocksafety.com 9723109832 DocuSign Envelope ID: 1A4F7113-D51E-4060-89B6-435DC8B51E2D Page 60 Item 8. EXHIBIT A ORDER FORM Customer: TX - Prosper PD Initial Term: 60 Months Legal Entity Name: TX - Prosper PD Renewal Term: 24 Months Accounts Payable Email: sbrewer@prospertx.gov Payment Terms: Net 30 Address: 101 S Main St Prosper, Texas 75078 Billing Frequency: Annual Plan - First Year Invoiced at Signing. Retention Period: 30 Days Hardware and Software Products Annual recurring amounts over subscription term Item Cost Quantity Total Flock Safety Platform $152,500.00 Flock Safety Flock OS FlockOS ™ Included 1 Included Flock Safety LPR Products Flock Safety Falcon ® Included 44 Included Flock Safety Falcon ® Flex Included 4 Included Flock Safety Video Products Flock Safety Condor ™ PTZ w/ LTE Service Included 6 Included Flock Safety FlockOS Add Ons Flock Safety Advanced Search $5,000.00 1 $5,000.00 Professional Services and One Time Purchases Item Cost Quantity Total One Time Fees Flock Safety Professional Services Condor Professional Services - Standard Implementation Fee $750.00 6 $4,500.00 Subtotal Year 1: $157,000.00 Annual Recurring Subtotal: $152,500.00 Discounts: $120,000.00 Estimated Tax: $0.00 Contract Total: $767,000.00 DocuSign Envelope ID: 1A4F7113-D51E-4060-89B6-435DC8B51E2D Page 61 Item 8. Billing Schedule Billing Schedule Amount (USD) Year 1 At Contract Signing $157,000.00 Annual Recurring after Year 1 $152,500.00 Contract Total $767,000.00 *Tax not included Discounts Discounts Applied Amount (USD) Flock Safety Platform $120,000.00 Flock Safety Add-ons $0.00 Flock Safety Professional Services $0.00 DocuSign Envelope ID: 1A4F7113-D51E-4060-89B6-435DC8B51E2D Page 62 Item 8. Product and Services Description Flock Safety Platform Items Product Description Terms Flock Safety Falcon ® An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes. The Term shall commence upon first installation and validation of Flock Hardware. Flock Safety Falcon® Flex An infrastructure-free, location-flexible license plate reader camera that enables the Customer to self-install. The Term shall commence upon execution of this Statement of Work. Flock Safety Condor™ Flock’s pan, tilt, zoom (PTZ) or fixed cameras which capture video footage with the option to stream live video, capture and view video recordings, and upload videos. The Term shall commence upon first installation and validation of Flock Hardware. One-Time Fees Service Description Installation on existing infrastructure One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. Professional Services - Standard Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Professional Services - Advanced Implementation Fee One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. FlockOS Features & Description Package: Advanced FlockOS Features Description Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you. Unlimited Users Unlimited users for FlockOS State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network. Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network. Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks. Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports. ESRI Based Map Interface Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities) Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map. Convoy Search Identify vehicles that have been seen together so you can verify a potential accomplice and getaway car used during a string of vehicle thefts; Show me vehicles that were seen near this specific car multiple times. Visual Search Upload a suspect vehicle photo from and alternative source (i.e. CCTV, doorbell camera, mobile phone), and machine learning will match it to vehicles recorded by Flock Safety cameras in the past 30 days Custom Hot List Deconfliction Portal Allows Flock users to identify overlapping investigations and provide the contact information of opted-in parties to facilitate collaboration. Hot List Attachments The ability to add case notes, photos, reports, and other relevant case information to Custom Hot List Alerts Unlimited Vehicle Description Alerts Users can set up and receive notifications for suspect vehicles based on body type, make, color, location and timeframe. Notifications are sent via app, SMS or email when a vehicle matching the predetermined criteria passes a camera in your organization's network. Wing Gateway, Wing Cloud, Wing VMS Unlocks access to purchase Wing. Custom Map Layers Ability for customers (and Flock Admins) to add & view public and proprietary ESRI map layers to FlockOS’ Map experience. DocuSign Envelope ID: 1A4F7113-D51E-4060-89B6-435DC8B51E2D Page 63 Item 8. SSO Ability to sign into the Flock Safety platform via Okta Single Sign On (SSO). This increases login speed and information security. Multi Geo Search Perform single and multi-location-based searches to link a suspect vehicle to one, or multiple crime scenes DocuSign Envelope ID: 1A4F7113-D51E-4060-89B6-435DC8B51E2D Page 64 Item 8. By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions/L1/ The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: TX - Prosper PD By: \FSSignature2\ By: \FSSignature1\ Name: \FSFullname2\ Name: \FSFullname1\ Title: \FSTitle2\ Title: \FSTitle1\ Date: \FSDateSigned2\ Date: \FSDateSigned1\ PO Number: DocuSign Envelope ID: 1A4F7113-D51E-4060-89B6-435DC8B51E2D General Counsel Mark Smith 11/10/2023 Mario Canizares Page 65 Item 8. Page 66 Item 8. Page 67 Item 8. Page 68 Item 8. Page 1 of 1 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Purchase of Pegasus 16’ Mower Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approval of the purchase of one Pegasus S5493 Mower with accessories and authorize the Town Manager to execute documents related to the purchase. Description of Agenda Item: The Town Council approved funds in the FY 2023-2024 Park Operations operating budget for the purchase of a Pegasus 16’ mower. The purchase will be made utilizing Buyboard 706-23. The cost of the mower and accessories is $57,007.20 Budget Impact: Funds are available in Park Operations account 100-6140-60-02 Capital Expenditure-Equipment. Attached Documents: 1. Zimmerer Kubota & Equipment, Inc. Proposal Dated November 9, 2023 2. Zimmerer Kubota & Equipment, Inc. Buyboard Summary Information Sheet Town Staff Recommendation: Town Staff recommends the Town Council approve the purchase of one Pegasus S5493 Mower with accessories and authorize the Town Manager to execute documents related to the purchase. Proposed Motion: I move to approve the purchase of one Pegasus S5493 Mower with accessories and authorize the Town Manager to execute documents related to the purchase. Parks & Recreation Page 69 Item 9. Customer:Phone: Address:E-Mail: City:Fax: Make Model Description Price: ########Sub-Total:-$ 56,807.20$ Trade-In |Y/N| Months Cost X 12 -$ -$ 24 -$ -$ 36 -$ 48 -$ 60 -$ -$ x x -$ -$ -$ Months APR Payment 12 0 -$ -$ 24 0 -$ 200.00$ 36 0 -$ 48 0 -$ Total:57,007.20$ 60 0 -$ x x x 57,007.20$ Sales Person:Date: 2825 N Nolan River Rd 1421 N Loop 288 3472 S US Hwy 287 5165 Mark IV Parkway 3218 W US Hwy 82 Cleburne, TX 76033 Denton, TX 76209 Decatur, TX 76234 Fort Worth, TX 76106 Gainesville, TX 76240 (817) 645-9106 (940) 382-1564 (940) 627-4744 (817) 281-6143 (940) 668-7861 Zimmerer Kubota & Equipment, Inc. 5165 MARK IV PARKWAY FORT WORTH, TX 76106 (817)281-6143 Town of Prosper Value: Insurance Premium Trimax skid 2x anti-wear skids on each deck (6 total) $ 1,050.00 Trimax PegasusS5493 Series 5 16' 2'' tri-deck roller mower $ 53,650.00 Buy Board discount -3% $ (1,702.80) Trimax quattro Quattro blade carriers 4 blades per spindle (2 flat, 2 updraft) $ 2,060.00 Buy Board contract # 706-23 incoming freight $ 1,750.00 Note: price includes full set of Nexa blades Heavy Equipment Tax (.002547) Pay-Off: Difference (Sub-Total - Value + Payoff): Extended Warranty: Taxes Sales Tax (8.25%): TERP Tax (50+ HP Units) (1.5%): Extras Finance Payment Options Theft, Fire & Vandalism Insurance: 3% Conevience Fee www.zimmererkubota.com UCC/Document Fee (C/B/N): RTV Title Fee: Delivery Fee: Down Payment: Total: Proposal Only. Not a Sales Invoice All prices quoted are for cash or check purposes. Credit cards are gladly accepted at our non-discounted price. Steve Lee 11/9/2023 Page 70 Item 9. Vendor Contract Information Summary Zimmerer Kubota and Equipment, Inc.Vendor Steve LeeContact 817-281-6143Phone N/APhone Extension stevel@zkmail.comEmail www.zimmererkubota.comVendor Website 75-1763592TIN 5165 Mark ParkwayAddress Line 1 Fort WorthVendor City 76106Vendor Zip TXVendor State USAVendor Country 10Delivery Days FOB DestinationFreight Terms Net 30Payment Terms Freight prepaid by vendor and added to invoiceShipping Terms Prepaid, Add to InvoiceShip Via NoDesignated Dealer YesEDGAR Received NoService-disabled Veteran Owned NoMinority Owned NoWomen Owned N/ACertificate Number N/ACertifying Agency NoNational YesNo Foreign Terrorist Orgs YesNo Israel Boycott NoMWBE 10, 11, 12ESCs TexasStates Grounds Maintenance Equipment, Parts, and SuppliesContract Name 706-23Contract No. 06/01/2023Effective 05/31/2026Expiration YesAccepts RFQs N/AQuote Reference Number 11/13/2023 9:33 AM Page 71 Item 9. Vendor Contract Information Summary We do not have a return policy on wholegoods. Any issues resulting in a request to return equipment will be handled on an as-needed basis. Return Policy 11/13/2023 9:33 AM Page 72 Item 9. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Interlocal Agreement - Coit Road Intersection Improvements (Collin County) Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the County of Collin, Texas, and the Town of Prosper, Texas, related to the Coit Road Intersection Improvements project. Description of Agenda Item: Collin County voters approved a bond program in November 2018 for transportation related projects. On October 31, 2022, the Town of Prosper responded to the 2022/2023 Collin County Call for Projects by submitting the Coit Road Intersection Improvements project. This project includes the expansion of the intersections of Coit Road at First Street, Prosper Trail, and Frontier Parkway (FM 1461) to allow for the full functioning of the traffic signal-controlled intersections. The estimated cost of the project is $4,000,000, and the Town requested 75% participation from Collin County. Earlier this year, Collin County notified the Town that it received an award of $2,800,000, towards the project, which is 70% of the estimated $4,000,000 project costs. In order to move forward with the project, the Town is required to enter into the attached Interlocal Agreement. On November 9, 2023, the Town Council Capital Improvement Subcommittee met to discuss the Coit Road Intersection Improvements project and the decision was made to complete the design of the Coit Road (First – Frontier) project, a four-lane (ultimate six-lane) divided major thoroughfare, which includes the intersection improvements outlined in the ILA. Depending on the construction cost proposals received, the Town Council will be able to either award a contract to expand Coit Road from First Street to Frontier Parkway in either a single phase or two phases, the later phase being the widening of the section of Coit Road from just north of Gentle Creek Trail to the intersection improvements south of Frontier Parkway (FM 1461) before Fair Oaks Boulevard. ENGINEERING SERVICES Page 73 Item 10. Page 2 of 2 Budget Impact: The estimated cost of construction for the intersection improvements is $4,000,000 with Collin County funding $2,800,000 and the Town of Prosper funding $1,200,000, in Account No. 750- 5410-10-00-2316-ST. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Interlocal Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between the County of Collin, Texas, and the Town of Prosper, Texas, related to the Coit Road Intersection Improvements project. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between the County of Collin, Texas, and the Town of Prosper, Texas, related to the Coit Road Intersection Improvements project. Page 74 Item 10. Interlocal Agreement between Collin County and the Town of Prosper for Coit Intersection Improvements (2018 Bond Project # RI18027) Page 1 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE TOWN OF PROSPER CONCERNING COIT INTERSECTION IMPROVEMENTS NEW 2018 BOND PROJECT # RI18027 WHEREAS, the County of Collin, Texas (“County”) and the Town of Prosper Texas (“Town”) desire to enter into this agreement (“Agreement”) concerning the Coit Intersection Improvements Project (“Project”) in Prosper, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the Town and County have determined that the improvements may be constructed most economically by implementing this Agreement; and NOW, THEREFORE, this Agreement is made and entered into by the County and the Town upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The Town shall arrange to design the Project. The Project shall consist of widening of Coit Road at First Street, Prosper Trail, and Frontier Parkway (FM 1461) and the design of Coit Road as a four-lane (ultimate six- lanes) divided major thoroughfare at the intersections of First Street, Prosper Trail, and Frontier Parkway (FM 1461). All improvements shall be designed to meet or exceed the Town’s roadway design standards and criteria and shall be constructed in accordance with the plans and specifications approved by the Town. ARTICLE II. The Town shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the Town shall comply with all statutory requirements applicable to a municipal public work project. The Town shall provide the County with a copy of the executed design and construction contract(s) for the Project. Changes to the Project, other than what was submitted for the initial project ranking or which alter the initial funding set forth in Article IV, must be reviewed and approved by Collin County. ARTICLE III. The Town shall also acquire real property in the vicinity of the improvements for use as right-of-way or easements in connection with the Project. ARTICLE IV. The Town estimates the total actual cost of the Project to be Four Million Dollars ($4,000,000) (“Estimated Project Cost”). The County agrees to participate in the Project by allocating Two Million Eight Hundred Thousand ($2,800,000) (the “County Participation Amount”) to the performance of the Project. The County shall remit fifty percent (50%) of the County Participation Amount to the Town within thirty (30) days after the Town issues a Notice to Proceed to the design engineer and the Town submits a written request for payment to the County. The County shall remit the remaining fifty percent (50%) of the County Participation Amount to the Town (i) within thirty (30) days after the Town receives bids for the construction of the Project and the Town submits a written request for payment to the County. The County Commissioners Court may revise this payment schedule based on the progress of the Project. If the payment schedule is revised and that revision results in the Town facing the potential of incurring an unfunded debt in violation of the Texas Constitution the Town, in its sole discretion, shall Page 75 Item 10. Interlocal Agreement between Collin County and the Town of Prosper for Coit Intersection Improvements (2018 Bond Project # RI18027) Page 2 be free from any obligation or commitment to continue working on or complete the Project until the next installment of the County Participation Amount is paid to Town. If the actual cost to design, acquire right-of-way for, and construct the Project (collectively the “Actual Project Cost”) is less than the Estimated Project Cost, and the County has participated up to seventy percent (70%) of the total Estimated Project Cost for the 2018 Bond funding, then the Town shall reimburse to the County an amount equal to the difference between the Estimated Project Cost and the Actual Project Cost such that the county has only contributed seventy percent (70%) of the Actual Project Cost. The Town shall remit any such reimbursement to the County following Town’s final acceptance of the Project and along with an itemized final accounting of expenditures for the Project. As used herein, the terms “Estimated Project Cost” and “Actual Project Cost” may include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. ARTICLE V. The County’s participation in the Project shall not exceed Two Million Eight Hundred Thousand ($2,800,000). ARTICLE VI. The Town shall install a project sign identifying the Project as being partially funded by the Collin County 2018 Bond Program. The Town shall also provide quarterly progress reports throughout the Project as well as before, during and after photos during the construction process, in electronic format or via US mail to the Collin County Engineering Department. Following completion of the Project, the Town shall provide an itemized final accounting of expenditures for the Project. ARTICLE VII. The Town and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. Page 76 Item 10. Interlocal Agreement between Collin County and the Town of Prosper for Coit Intersection Improvements (2018 Bond Project # RI18027) Page 3 ARTICLE XI. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. EXPENSES FOR ENFORCEMENT. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection. ARTICLE XV. FORCE MAJEURE. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. ARTICLE XVI. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. [Signature page follows.] Page 77 Item 10. Interlocal Agreement between Collin County and the Town of Prosper for Coit Intersection Improvements (2018 Bond Project # RI18027) Page 4 APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: ______________________________ By: _________________________________ Name: ____________________________ Name: Chris Hill Title: _____________________________ Title: County Judge Date: _____________________________ Date: ________________________ Executed on this _____ day of ______, 20__, by the County of Collin, pursuant to Commissioners’ Court Order No.____________________. ATTEST: TOWN OF PROSPER, TEXAS By: ______________________________ By: _________________________________ Name: Michelle Lewis Sirianni Name: Mario Canizares Title: Town Secretary Title: Town Manager Date: ____________________________ Date: _______________________________ APPROVED AS TO FORM: By: ______________________________ Name: Terrence S. Welch Title: Town Attorney Date: ____________________________ Page 78 Item 10. LOCATION MAP Coit Road Intersection Improvements Coit Road First Street Prosper Trail Frontier Parkway Page 79Item 10. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Fishtrap (Teel – Gee Road) & Gee Road (Fishtrap - Windsong Retail: Change Order No. 02 Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon approving Change Order No. 02 for CSP No. 2022-50-B to McMahon Contracting, LP, related to construction services for the Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project; and authorizing the Town Manager to execute Change Order No. 02 for same. Description of Agenda Item: Town Council authorized a construction contract with McMahon Contracting, LP, at the August 23, 2022, Town Council meeting for the Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project in the amount of $10,194,579.20. The project consists of all work needed for the construction of the remaining lanes of Fishtrap Road from Gee Road to Teel Parkway and two of the ultimate three northbound lanes of Gee Road from Fishtrap Road to Windsong Retail. On September 22, 2022, Change Order No. 01 was approved to update the quantities for several items from estimated to actual constructed quantities, which resulted in a net savings of $95,320.12. The cost saving was accounted for in a new line item titled “Owner’s Contingency” that can be used towards future change orders. It added 168 calendar days to the contract time. Change Order No. 02 accounts for the additional concrete pavement, excavation, flex base with geogrid, signage, striping, mow strip, traffic control, and replacement of guardrail to construct a third lane along existing Fishtrap Road (future Gee Road) from First Street to Denton Way. The third lane will connect to the existing bridges over Doe Branch Creek that serves as the future third southbound lane. Until such time as the ultimate northbound lanes and bridges are constructed, the third lane being constructed will be used as an interim second northbound lane to help alleviate traffic congestion in the area. An additional 45 calendar days are being added to the contract time to construct these improvements. ENGINEERING SERVICES Page 80 Item 11. Page 2 of 2 Budget Impact: The cost for Change Order No. 02 is $342,929.62, and there is $350,000, in FY2023 Capital Dedicated Funds approved for this additional work in Account No. 750-6610-10-00-2011-ST. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard change order document as to form and legality. Attached Documents: 1. Change Order No. 02 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council approve Change Order No. 02 for CSP No. 2022- 50-B to McMahon Contracting, LP, related to construction services for the Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project; and authorizing the Town Manager to execute Change Order No. 02 for same. Proposed Motion: I move to approve Change Order No. 02 for CSP No. 2022-50-B to McMahon Contracting, LP, related to construction services for the Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project; and authorize the Town Manager to execute Change Order No. 02 for same. Page 81 Item 11. Grant No.: Prj. No.: 2010-ST & 2011-ST Bid No.:2022-50-B PO No.:22399 Prev Chg New New 1 EA 0 1 1 696.15$ 696.15$ New 2 LF 0 1,264 1,264 7.50$ 9,480.00$ New 3 LF 0 1,514 1,514 1.30$ 1,968.20$ New 4 SY 0 1,108 1,108 1.30$ 1,440.40$ New 5 SY 0 80 80 29.98$ 2,398.40$ New 6 EA 0 2 2 295.00$ 590.00$ New 7 EA 0 1 1 2,468.70$ 2,468.70$ New 8 EA 0 1 1 2,000.00$ 2,000.00$ New 9 LF 0 1,044 1,044 3.17$ 3,309.48$ New 10 EA 0 3 3 1,696.50$ 5,089.50$ New 11 SY 0 1,500 1,500 2.79$ 4,185.00$ New 12 EA 0 3 3 146.25$ 438.75$ New 13 SY 0 814 814 96.21$ 78,314.94$ New 14 SY 0 457 457 88.91$ 40,631.87$ New 15 CY 0 438 438 111.50$ 48,837.00$ New 16 CY 0 902 902 38.53$ 34,754.06$ New 17 LF 0 48 48 12.83$ 615.84$ New 18 LF 0 961 961 8.29$ 7,966.69$ New 19 EA 0 10 10 230.10$ 2,301.00$ New 20 LF 0 1,725 1,725 1.48$ 2,553.00$ New 21 SY 0 599 599 1.77$ 1,060.23$ New 22 LF 0 435 435 1.77$ 769.95$ New 23 EA 0 2 2 584.10$ 1,168.20$ New 24 EA 0 1 1 631.30$ 631.30$ INSTALL 4" SOLID WHITE LINE INSTALL WHITE CROSS HATCH MARKINGS INSTALL 4" TRANSITION BROKEN WHITE LINE INSTALL "RLMTR" SIGN Contract Start:10/24/2022 Contractor: Description of Change for 2010-ST Fishtrap Road: REMOVE 4" SOLID WHITE LINE 12" FLEXBASE W/ GEOGRID INSTALL W1-4A SIGN Unit Cost Change Order No. 02 Project Name: Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) McMahon Contracting, LP Mod/ New Item No.Description Unit This Change Order provides for additional work, utilizing some existing items as well as establishing new items to construct a portion of the third lane along Fishtrap Road, north of First Street to help alleviate traffic burdens experienced by Town residents. It adds 45 calendar days to the contract time to construct these improvements Quantity Cost Change REMOVE AND RELOCATE EXISTING TRAFFIC SIGN REMOVE CURB AND GUTTER INSTALL/REMOVE SILT FENCE EXCAVATION CONNECT TO EXISTING PAVEMENT LONGITUDINAL BUTT JOINT INSTALL ARROW MARKINGS CLEARING & GRUBBING INSTALL/REMOVE INLET PROTECTION 9" CONCRETE PAVEMENT UNREINFORCED CONCRETE INSTALL/REMOVE STONE OVERFLOW REMOVE 4" SOLID YELOW LINE AND CROSS H REMOVE ROCK RIP RAP REMOVE LANE ARROW & ONLY MARKINGS INSTALL/REMOVE CONSTRUCTION ENTRANCE INSTALL/REMOVE CONCRETE WASHOUT Page 1 of 2 Page 82 Item 11. Grant No.: Prj. No.: 2010-ST & 2011-ST Bid No.:2022-50-B PO No.:22399Contract Start:10/24/2022 Contractor: Change Order No. 02 Project Name: Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) McMahon Contracting, LP New 25 EA 0 1 1 584.10$ 584.10$ New 26 LF 0 2,956 2,956 1.77$ 5,232.12$ New 27 LF 0 270 270 38.47$ 10,386.90$ New 28 LS 0 1 1 40,375.30$ 40,375.30$ New 29 LS 0 1 1 16,930.14$ 16,930.14$ New 30 SY 0 120 120 131.27$ 15,752.40$ 342,929.62 45 Issued by By Signature Date Cal. Days 254 Accepted by 168 McMahon Contracting, LP 45 Rev. Subst. Compl. Date:2/3/2024 467 By Signature Date Final Completion Date:3/4/2024 Cost Adjustment this Change: Time Adjustment this Change: TRAFFIC CONTROL INSTALL MOW STRIP REMOVE AND REINSTALL GUARDRAIL MOBILIZATION INSTALL 4" BROKEN WHITE LINE INSTALL W1-R1 SIGN The compensation agreed upon in this Change Order is full,complete and final payment for all costs the Contractor may incur as a result of or relating to this change,whether said costs are known,unknown,foreseen or unforeseen at this time,including without limitation,any cost for delay,extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change. Current Change Order: Revised Contract Amount: TOWN OF PROSPER $10,194,579.20 $0.00 $342,929.62 $10,537,508.82 Original Contract Time: Previous Change Orders: Original Contract Amount: Previous Change Orders: Current Change Order: Page 2 of 2 Joe Alan Soto Digitally signed by Joe Alan Soto DN: C=US, E=joes@mcmahoncontracting.com, O=McMahon Contracting & Construction LLC, OU=McMahon Contracting & Construction LLC, CN=Joe Alan Soto Date: 2023.11.20 08:39:21-06'00' Page 83 Item 11. LOCATION MAP Gee Road (Change Order No. 2) Denton Way First Street Gee Road Third Lane Page 84Item 11. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Doug Kowalski, Police Chief Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Ordinance Amending Truck Routes Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Section 12.08.022, "Definitions," and repealing Section 12.08.003, “Unlawful Act/Exemptions,” with a new Section 12.08.003, "Approved and Prohibited Truck Routes; Exemptions,." of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances. Description of Agenda Item: The last update to the ordinance was in 2015 and since then the Town has improved several streets that can be accessed by large commercial trucks. To address past concerns about the safety of its residents and the traveling public due to commercial truck traffic on certain street segments within the Town, the following table of street segments is being updated to reflect changes to existing streets as well as additions of several new streets: Street Segments Street Name Limits Prosper Trail Teel Parkway to Custer Road (FM 2478) First Street Gee Road to Custer Road (FM 2478) Prairie Drive Teel Parkway to Mahard Parkway Gee Road University Drive (US 380) to FM 1385 Windsong Parkway University Drive (US 380) to First Street Teel Parkway University Drive (US 380) to Parvin Road Legacy Drive University Drive (US 380) to Frontier Parkway Coleman Street Lovers Lane to Preston Road (SH 289) Lovers Lane Richland Boulevard to Coleman Street La Cima Boulevard University Drive (US 380) to First Street ENGINEERING SERVICES Page 85 Item 12. Page 2 of 2 To provide clarity to the which street segments are to be designated truck routes, the following table is also included in the proposed ordinance: Street Segments Street Name Limits Frontier Parkway Dallas North Tollway to Preston Road (SH 289) University Drive (US 380) FM 1385 to Custer Road (FM 2478) FM 1385 University Drive (US 380) to Parvin Road Dallas North Tollway University Drive (US 380) to Frontier Parkway Preston Road (SH 289) University Drive (US 380) to Frontier Parkway Custer Road (FM 2478) University Drive (US 380) to Frontier Parkway While not part of the proposed ordinance, there are two maps included as attachments to this agenda item. The first map shows the existing prohibited street segments and additional street segments to be included as prohibited in the proposed ordinance. The second map shows the proposed ordinance revisions for both the designated truck routes (in green), and all prohibited track routes (in red). Budget Impact: The estimated cost for signs and poles is $3,000 and will be purchased from the Streets Department FY2024 Adopted Budget (Account Number 100-5640-50-01). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Existing and Proposed Changes Map 3. Revised Map Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Section 12.08.022, "Definitions," and repealing Section 12.08.003, “Unlawful Act/Exemptions,” with a new Section 12.08.003, "Approved and Prohibited Truck Routes; Exemptions,." of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances. Proposed Motion: I move to approve an ordinance amending Section 12.08.022, "Definitions," and repealing Section 12.08.003, “Unlawful Act/Exemptions,” with a new Section 12.08.003, "Approved and Prohibited Truck Routes; Exemptions,." of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances. Page 86 Item 12. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.08.002, “DEFINITIONS,” OF ARTICLE 12.08, “TRUCK ROUTES,” OF CHAPTER 12, “TRAFFIC,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY AMENDING THE DEFINITON OF COMMERCIAL MOTOR VEHICLE; REPEALING SECTION 12.08.003, “UNLAWFUL ACTS/EXEMPTIONS,” OF ARTICLE 12.08, “TRUCK ROUTES,” OF CHAPTER 12, “TRAFFIC,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER AND REPLACING IT WITH A NEW SECTION 12.08.003, “APPROVED AND PROHIBITED TRUCK ROUTES; EXEMPTIONS”; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, the Town previously has expressed serious concerns about the safety of its residents and the traveling public due to the truck and other commercial vehicle traffic on certain street segments within the Town, and wishes to provide additional safety for its residents and the traveling public; and WHEREAS, there have arisen questions relative to the loading and unloading of goods in the Town by commercial motor vehicles and said commercial motor vehicles’ use of the shortest reasonable route to a truck route, and it is the intent of this Ordinance to provide clarification of the provisions in Section 12.08.003 of the Town’s Code of Ordinances as a consequence; and WHEREAS, the Town Council strongly believes that the following regulations relative to commercial motor vehicle traffic will enhance public safety, limit noise and associated concerns, and be in the best interests of the residents of the Town as well as the traveling public, and hereby so declares. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.08.002, “Definitions,” of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: Page 87 Item 12. Ordinance No. 2023-__, Page 2 “Sec. 12.08.002 Definitions * * * Commercial Motor Vehicle . Any motor vehicle having a weight of more than 26,000 pound gross vehicle weight rating (GVWR), including the load carried, also including but not limited to, any vehicle carrying hazardous materials or solid waste. Commercial Motor Vehicles shall not include vehicles carrying or designated to carry passengers, all governmentally owned or leased vehicles, public utility vehicles, motor homes, recreational vehicles or vehicles used exclusively to transport personal possessions or family members for nonbus iness purposes. * * *” SECTION 3 Existing Section 12.08.003, “Unlawful Acts/Exemptions,” of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety and replaced with a new Section 12.08.003 to read as follows: “Sec. 12.08.003 Approved and Prohibited Truck Routes/Exemptions (a) For purposes of this article, it shall be lawful to operate a commercial motor vehicle on any of the following roads or streets located in the Town, and the following roads or streets are hereby designated truck routes: Street Segments Street Name Limits Frontier Parkway Dallas North Tollway to Preston Road (SH 289) University Drive (US 380) FM 1385 to Custer Road (FM 2478) FM 1385 University Drive (US 380) to Parvin Road Dallas North Tollway University Drive (US 380) to Frontier Parkway Preston Road (SH 289) University Drive (US 380) to Frontier Parkway Custer Road (FM 2478) University Drive (US 380) to Frontier Parkway (b) Commercial motor vehicle traffic originating outside the Town (1) Any commercial motor vehicle entering the Town for a destination in the Town shall proceed only over a truck route and shall deviate only at the intersection with the Town road or street nearest to the destination. Upon leaving the destination, a commercial motor vehicle shall return to the truck route by the shortest possible route. (2) Any commercial motor vehicle entering the Town for multiple destinations in the Town shall proceed only over a truck route and shall deviate only at the intersection of the Town road or street nearest to the first destination. Upon leaving the first destination, a commercial motor vehicle shall proceed to other destinations by the shortest possible route. Upon leaving the last destination, a commercial motor vehicle shall return to the truck route by the shortest possible route. Page 88 Item 12. Ordinance No. 2023-__, Page 3 (c) Commercial motor vehicle traffic originating inside the Town (1) Any commercial motor vehicle, on a trip originating in the Town, and traveling in the Town for a destination outside the Town, shall proceed: (A) only over a truck route, if the business enterprise that operates or otherwise utilizes the commercial motor vehicle is located on or adjacent to a truck route; or (B) if the business enterprise that operates or otherwise utilizes the commercial motor vehicle is not located on or adjacent to a truck route, then by the shortest possible route over Town roads or streets, to a truck route to exit the Town. (2) Any commercial motor vehicle on a trip originating in the Town, and traveling in the Town for any destination in the Town, shall proceed: (A) only over a truck route, if the business enterprise that operates or otherwise utilizes the commercial motor vehicle is located on or adjacent to a truck route; or (B) if the business enterprise that operates or otherwise utilizes the commercial motor vehicle is not located on or adjacent to a truck route, then by the shortest possible route over Town roads or streets, to a truck route and shall deviate only at the intersection with the Town road or street nearest to the destination. (d) For purposes of subsections (b) and (c), the operator of a commercial motor vehicle shall have in his immediate possession evidence of the local destination(s) and point of origin. (e) The provisions of this section shall not apply to: (1) Emergency vehicles operating in response to any emergency call; (2) An owner and/or operator of a commercial motor vehicle driving to and from his residence; (3) Commercial motor vehicles owned and/or operated by and/or on behalf of a governmental entity, a public utility and/or any contractor or materialman, while engaged in the repair, maintenance or construction of roads, streets and/or highways, and/or road, street and/or highway improvements and/or utilities within the Town; (4) Commercial motor vehicles owned and/or operated by and/or on behalf of a governmental entity while engaging in and/or performing official, authorized government-related business; and (5) Commercial motor vehicles operating upon a Town or state officially designated detour, including permitted oversized loads. Page 89 Item 12. Ordinance No. 2023-__, Page 4 (f) It shall be unlawful to operate a commercial motor vehicle on the following roads or streets located in the Town: Street Segments Street Name Limits Prosper Trail Teel Parkway to Custer Road (FM 2478) First Street Gee Road to Custer Road (FM 2478) Prairie Drive Teel Parkway to Mahard Parkway Gee Road University Drive (US 380) to FM 1385 Windsong Parkway University Drive (US 380) to First Street Teel Parkway University Drive (US 380) to Parvin Road Legacy Drive University Drive (US 380) to Frontier Parkway Coleman Street Lovers Lane to Preston Road (SH 289) Lovers Lane Richland Boulevard to Coleman Street La Cima Boulevard University Drive (US 380) to First Street ” SECTION 4 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 portion of conflicting ordinances shall remain in full force and effect. SECTION 5 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. 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 five hundred dollars ($500.00) for each offense. Page 90 Item 12. Ordinance No. 2023-__, Page 5 SECTION 7 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF NOVEMBER, 2023. APPROVED: ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 91 Item 12. Page 92 Item 12. 0 1 20.5 Miles¯ DISCLAIMER: Any reliance on this map or information is AT YOUR OWN RISK. Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. Truck Route No Truck RouteProsper Source: Data and GIS November 2023 Updated Trucks Prohibited Routes Page 93 Item 12. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Development Agreement – Safety Way (Blue Star Allen Land) Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Blue Star Allen Land L.P., 701/709 Stadium Drive LLC, and the Town of Prosper, Texas, related to the construction of Safety Way. Description of Agenda Item: On July 19, 2022, the Town Council approved the attached Memorandum of Understanding (MOU) with Blue Star Allen Land L.P., which requested the extension of Safety Way as a public street from Cook Lane to the east adjacent to the existing Public Works facility be allowed with the following considerations: Town to dedicate a portion of Town-owned property for the southern portion of Safety Way Town to participate in funding 50% of the construction cost for the extension of Safety Way Blue Star to work with the Town on locating a regional retention pond that would be partially located on property owned by Blue Star south of the future joint Parks and Public Works facility and north of future Fifth Street Since the MOU is a non-binding agreement that only outlines the general understanding of the parties, the attached Development Agreement provides the necessary required written agreement to formalize the terms in the MOU. In addition to the terms outlined in the MOU above, the proposed Development Agreement includes the following considerations: Blue Star to dedicate, at no cost to the Town, the ROW for Fifth Street from BNSF Railroad to Cook Lane If Blue Star elects to construct Fifth Street from the BNSF Railroad to Cook Lane as part of the development that of the property that encompasses Fifth Street, then the Town and Blue Star will enter into a Development Agreement for cost participation If Town desires to construct Fifth Street prior to Blue Star’s development of the property that encompasses Fifth Street, the construction costs will be at the Town’s sole expense ENGINEERING SERVICES Page 94 Item 13. Page 2 of 2 Budget Impact: The estimated total construction cost for the extension of Safety Way is $1,250,000. Per the Development Agreement, the Town will fund fifty percent (50%) of the construction costs. There is $800,000 allocated in Account No. 750-6610-10-00-2303-ST for the Safety Way (Cook – Technology) project. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Memorandum of Understanding 2. Development Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Blue Star Allen Land L.P., 701/709 Stadium Drive LLC, and the Town of Prosper, Texas, related to the construction of Safety Way. Proposed Motion: I move to authorize the Town Manager to execute a Development Agreement between Blue Star Allen Land L.P., 701/709 Stadium Drive LLC, and the Town of Prosper, Texas, related to the construction of Safety Way. Page 95 Item 13. Page 96 Item 13. Page 97 Item 13. Page 98 Item 13. Page 99 Item 13. Page 100 Item 13. Page 101 Item 13. Page 102 Item 13. Page 103 Item 13. Page 104 Item 13. Page 105 Item 13. Page 106 Item 13. Page 107 Item 13. Page 108 Item 13. Page 109 Item 13. Page 110 Item 13. Page 1 of 2 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Specific Use Permit Ordinance for Drive-Thru Restaurant Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon an ordinance to rezone for a Specific Use Permit (SUP) for a Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) Description of Agenda Item: On October 24, 2023, the Town Council approved the proposed rezoning request, by a vote of 7- 0. An ordinance has been prepared accordingly. The Development Agreement between the Town of Prosper and DNT Frontier LP, is also on the November 28, 2023, Town Council agenda for consideration. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibits Town Staff Recommendation: Town Staff recommends approval of an ordinance to rezone for a Specific Use Permit (SUP) for a Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east or North Dallas Parkway. PLANNING Page 111 Item 14. Page 2 of 2 Proposed Motion: I move to approve/deny an ordinance to rezone for a Specific Use Permit (SUP) for a Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east or North Dallas Parkway. Page 112 Item 14. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT (SUP) FOR A DRIVE-THRU RESTAURANT TO BE LOCATED ON A TRACT OF LAND CONSISTING OF 1.5 ACRES, MORE OR LESS, IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Claymoore Engineering, Inc. (“Applicant”) for a Specific Use Permit (SUP) for a drive-thru restaurant to be located on a tract of land zoned Planned Development- 69 (PD-69), consisting of 1.5 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) for a drive-thru restaurant, on a tract of land zoned Planned Development-69 (PD-69), consisting of 1.5 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the site plan, attached hereto as Exhibit “B,”, 2) the landscape Page 113 Item 14. Ordinance No. 2023-__, Page 2 plan, attached hereto as Exhibit “C”, and 3) the elevations, attached hereto as Exhibit “D,” which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm, or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Page 114 Item 14. Ordinance No. 2023-__, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF NOVEMBER, 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 115 Item 14. 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 Page 116 Item 14. 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' Page 117 Item 14. 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 CPage 118 Item 14. 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 CPage 119 Item 14. 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' Page 120 Item 14. 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 Page 121 Item 14. 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 Page 122 Item 14. 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"Page 123Item 14. 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)Page 124Item 14. "EXHIBIT D"Page 125Item 14. Page 1 of 1 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Development Agreement McDonald’s Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between DNT Frontier LP and the Town of Prosper relative to McDonald’s. Description of Agenda Item: On October 24, 2023, the Town Council approved the proposed rezoning request. A Development Agreement has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Development Agreement Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between DNT Frontier LP and the Town of Prosper relative to McDonald’s. Proposed Motion: I move to authorize/not authorize the Town Manager to execute a Development Agreement between DNT Frontier LP and the Town of Prosper relative to McDonald’s. PLANNING Page 126 Item 15. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and DNT Frontier LP, a Texas limited partnership (“Developer”) (individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing in the Town a McDonalds restaurant/drive through on an approximate 1.542-acre tract of land generally located south of Frontier Parkway and east of the Dallas North Tollway in the Town (the “Property”), and a legal description and depiction of the Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the foregoing Property was rezoned by the Town Council on or about October 24, 2023, when the Town Council approved a Specific Use Permit to Planned Development 69 for the Property, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Developer’s reasonable investment-backed expectations in the Development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the elevations and building materials requirements contained in Exhibit B, attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Maintenance of Landscape Areas. A. Developer agrees to maintain all Landscape Areas (including all vegetation) on the Property, as referenced and/or depicted in the applicable zoning ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Further, Developer agrees that landscape maintenance obligations referenced herein include mulching of Landscape Areas, prompt replacement Page 127 Item 15. 2 of dead or dying vegetation with new vegetation, mowing of Landscape Areas, where required, and other routine and regular maintenance of plants and other vegetation. B. In the event that any Landscape Area or plants o r vegetation is/are not properly maintained in accordance with this Agreement, the Town may give written notice to Developer of such failure to maintain and Developer shall promptly address such failure, taking into account the type(s) and species of such plants and vegetation and applicable planting cycles of same. After such notice, and Developer’s failure to address same, Developer agrees and acknowledges that the Town shall have the right to go onto Developer’s property and replace, replant or otherwise address such failure to maintain any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town being promptly provided by the Town to Developer. In the event Developer does not pay such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on the Property for the costs it incurred for the work done, including a reasonable administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall not be considered a default in accordance with Paragraph 7 of this Agreement, shall not be subject to the mediation requirement contained in Paragraph 16 and any obligations referenced in said Paragraphs shall not be applicable to this Paragraph 2. C. Notwithstanding any provision in this Paragraph to the contrary, the Town specifically reserves the right to take enforcement action and/or file a complaint against Developer in the Town’s municipal court (or other appropriate forum) relative to weeds, tall grass, rubbish, brush and other object ionable, unsightly or unsanitary matter on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. 3. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Developers of the Property, regardless of whether this Agreement is expressly referenced therein. 4. Applicability of Town Ordinances. Developer shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 5. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as may be reflected in any Final Plat), relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a determin ation of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Page 128 Item 15. 3 Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any othe r requirements of a nexus between development conditions and the provision of roadway services to the Property. 6. Exactions/Infrastructure Costs. Both the Town and Developer have been represented by legal counsel in the negotiation of this Agreement and been advised or each has had the opportunity to have legal counsel review this Agreement and advise them, regarding Developer’s and the Town’s rights under Texas and federal law. Developer and the Town hereby waive any requirement that the other retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Developer specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code and any exemptions from impact fees under current or future law; however, notwithstanding the foregoing and to the extent permitted by law, Developer hereby releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. 7. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages. 8. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 9. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: Page 129 Item 15. 4 If to the Town: The Town of Prosper 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Manager If to Developer: DNT Frontier LP 4303 W. Lovers Lane, Suite 200 Dallas, Texas 75209 Attention: David Fogel 10. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 11. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter her eof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 12. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 13. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 14. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 15. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. Page 130 Item 15. 5 16. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 17. Notification of Sale or Transfer; Assignment of Agreement. Except with respect to a sale or transfer to a related entity of Developer, Developer shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Developer has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will become an Developer of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. Except with respect to a sale or transfer to a related entity of Developer, a copy of each assignment shall be provid ed to the Town within ten (10) business days after execution. Provided that the successor Developer assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement and/or the building has been constructed on the Property as provided in this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon such transfer. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 18. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 19. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideratio n and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 20. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Page 131 Item 15. 6 21. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. 22. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of August, 2022, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 132 Item 15. 7 DEVELOPER: DNT FRONTIER LP, a Texas limited partnership By: __________________________________ Name: David Fogel Title: _________________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2023, by David Fogel in his capacity as _______________ of DNT Frontier LP, a Texas limited partnership, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 133 Item 15. 8 EXHIBIT A (Property Legal Description) Page 134 Item 15. 9 EXHIBIT B (Building Materials/Elevations) Page 135 Item 15. Page 1 of 2 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Rezoning Ordinance for 209 East Fifth Street Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Consider and act upon an ordinance to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. (ZONE-23-0018) Description of Agenda Item: On October 24, 2023, the Town Council approved the proposed rezoning request, by a vote of 7- 0. An ordinance has been prepared accordingly. The Development Agreement between the Town of Prosper and Christopher & Jennifer Richter, is also on the November 28, 2023, Town Council agenda for consideration. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibit Town Staff Recommendation: Town Staff recommends approval of an ordinance to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. PLANNING Page 136 Item 16. Page 2 of 2 Proposed Motion: I move to approve/deny an ordinance to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. Page 137 Item 16. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROPSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 0.3 ACRES, MORE OR LESS, SITUATED IN THE HILLSIDE ADDITION, BLOCK 2, LOT 4, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN SINGLE FAMILY (DTSF), DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE- 23-0018) from Christopher and Jennifer Richter (“Applicant”), to rezone 0.3 acres of land, more or less, Hillside Addition, Block 2, Lot 4, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes: and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended as follows: The zoning designation of the below described property containing 0.3 acres of land, more or less, in the Hillside Addition, Block 2, Lot 4, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Downtown Single Family and being more particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes as if set forth verbatim. Page 138 Item 16. Ordinance No. 2023-__, Page 2 The development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper as they currently exist or may be amended, subject to the following condition of approval by the Town Council: 1. Approval of a Development Agreement, including, but not limited to, architectural building materials. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm, or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Page 139 Item 16. Ordinance No. 2023-__, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF NOVEMBER 2023. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 140 Item 16. Page 141Item 16. Page 1 of 1 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Development Agreement 209 East Fifth Street Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Christopher & Jennifer Richter and the Town of Prosper relative to 209 East Fifth Street. Description of Agenda Item: On October 24, 2023, the Town Council approved the proposed rezoning request. A Development Agreement has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Development Agreement Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Christopher & Jennifer Richter and the Town of Prosper relative to 209 East Fifth Street. Proposed Motion: I move to authorize/not authorize the Town Manager to execute a Development Agreement between Christopher & Jennifer Richter and the Town of Prosper relative to 209 East Fifth Street. PLANNING Page 142 Item 17. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Christopher and Jennifer Richter (“Owners”) (collectively, the “Parties”) to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Owners are desiring to construct a new single-family residence on property they own, an approximate 0.335-acre tract of land with a street address of 209 E. Fifth Street in the Town (the “Property”), and a legal description of the Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the foregoing Property was rezoned by the Town Council on or about October 24, 2023, when the Town Council rezoned the Property to Downtown Single- Family, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Owners’ reasonable investment-backed expectations in the Property, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall (i) substantially comply with the elevation depicted in Exhibit B, “Elevation,” and (ii) comply with the building materials list, contained in Exhibit C, “Building Materials List,” both of which exhibits are attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement , and that no more than one (1) single-family residential structure shall be constructed on the Property. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Owners and their heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Owners of the Property, regardless of whether this Agreement is expressly referenced therein. Page 143 Item 17. 2 3. Applicability of Town Ordinances. Owners shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 4. Rough Proportionality. Owners hereby agree that any land or property donated and/or dedicated to the Town pursuant to this Agreement, whether in fee simple or otherwise, including any easements (as may be reflected in any Final Plat), relative to any development on the Property is roughly proportional to the need for such land and Owners hereby waives any claim therefor that it may have. Owners further acknowledge and agree that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Owners and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 5. Exactions/Infrastructure Costs. Both the Town and Owners have been represented by legal counsel in the negotiation of this Agreement and been advised or each has had the opportunity to have legal counsel review this Agreement and advise them, regarding Owners’ and the Town’s rights under Texas and federal law. Owners and the Town hereby waive any requirement that the other retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions are roughly proportional or roughly proportionate t o the proposed development’s anticipated impact. Owners specifically reserve their right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing and to the extent permitted by law, Owners hereby release the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Ag reement. 6. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages. Page 144 Item 17. 3 7. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 8. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street P.O. Box 307 Prosper, Texas 75078 Attention: Town Manager If to Owners: Christopher and Jennifer Richter 209 E. Fifth Street Prosper, Texas 75078 9. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 10. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 11. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 12. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 13. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Owners warrant and represent Page 145 Item 17. 4 that the individuals executing this Agreement on behalf of Owners have full authority to execute this Agreement and bind Owners to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 14. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. 15. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 16. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 17. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agree ment. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 18. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 19. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. 20. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Owners of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 21. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Page 146 Item 17. 5 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of November, 2023, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 147 Item 17. 6 OWNERS: CHRISTOPHER RICHTER By: __________________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2023, by Christopher Richter, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Owners. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ JENNIFER RICHTER By: __________________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2023, by Jennifer Richter, known to be the person whose name is subscribed to the foregoing instrument, and that she executed the same on behalf of and as the act of Owners. ______________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 148 Item 17. 7 EXHIBIT A (Property Legal Description) Page 149 Item 17. 8 EXHIBIT B (Elevation) Page 150 Item 17. 9 EXHIBIT C (Building Materials List) Page 151 Item 17. Page 1 of 1 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – November 28, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plans including Frontier South Retail 1, Gates of Prosper Park, St. Martin de Porres, and Lighthouse Church. Description of Agenda Item: Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their meeting on November 7, 2023. Per the Zoning Ordinance, the Town Council can direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Site Plans and Preliminary Site Plans acted on by the Planning & Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-23-0091 – Frontier South Retail 1 (Approved 7-0) 2. DEVAPP-23-0123 – Gates of Prosper Park (Approved 7-0) 3. DEVAPP-23-0170 – St. Martin de Porres (Approved 7-0) 4. DEVAPP-23-0173 – Lighthouse Church (Approved 7-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 152 Item 18. EX SSEX SSEX SSEX SSEX SSE X S S UP E x W E x W E x W Ex W Ex W Ex W FH Ex WEx WEx WEx WEx WEx WEx WEx WEx WSS FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEF I R E L A N E F I R E L A N E FIRELAN E FIRELANE FIR E L A N E FIRELANEFIRELANEFIRELANEFIREL A N EDRIVETHRUEXITONLYRetail South 1 Proposed Building Land Use: Restaurant/Retail9,945 sf EXISTING DEVELOPMENT FIRELANE F IRE LANE FIRE L A N E FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FI R E L A N E FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE 13 10 3 7 4 2 11 10 PROPOSED BUILDING 1 1 STORY (9,945 SF) FFE = 712.47 2 FH FHEX SSEX SSEX SSEX SSEX SSE X S S 85.0'117.0'18.0'24.0'18.0' 12.0'10.0'20.0'20.0'5.0'24.0'11.0'12.0'1.0'20.0'9.0'23.1'23. 1 ' 23. 1 '9.0'9.0'23.1'20.0 '24.0 ' 15.0'12.0'5.0'9.0'9.0'9.0 ' 9.0' 18.0'9.0 ' LOT 4, BLOCK A VICTORY AT FRONTIER LLC VOL. 2018, PG. 699, P.R.C.C.T. ZONING: PD-10 LAND USE: RETAIL - RESTAURANT N PRESTON ROAD(STATE HIGHWAY 289)VARIABLE WIDTH ROW AS SHOWN ON VOL. 2018, PG 699 P.R.C.C.T.LOT 1 EX. ZONING: OFFICE EX. LAND USE: UNDEVELOPED 60,698 SQUARE FEET 1.39 ACRES LOT 3, BLOCK A VICTORY AT FRONTIER LLC DOC. NO. 20161122001590950 D.R.C.C.T. LAND USE: UNDEVELOPED LOT 2 EX. ZONING: OFFICE EX. LAND USE: UNDEVELOPED 45,738 SQUARE FEET 1.05 ACRES LOT 4 EX. ZONING: OFFICE EX. LAND USE: UNDEVELOPED 74,052 SQUARE FEET/ 1.70 ACRES 1.70 AC. 1.05 AC. S88°36'03"E 199.57'S34°55 '47 "E55.87 ' N55° 0 4' 1 3" E 204. 3 9'S24°29'35"E40.44 ' Δ=64°06'01" R=89.00', L=99.57' CB=S56°32'35"E CD=94.46' S1°24'24"W 1.00'N88°35'36"W 247.21'S1°24'24"W160.30'S4°40'02"W 3.35' 2-12 X 15 MASONRY DUMPSTER ENCLOSURE (REFER TO ARCH PLANS FOR DETAILS) PROP. 6' SIDEWALK PROP. 9' SIDEWALK PROP. BFR PROP. BFR PROP. FDC 5.6'1 2 10.7'9.8 '12.1'11.5' 5.0'9.0' 11.0' PROP. BERMS PROP. BERMS 47.3' PROP. 5' INLET PROP. DRAINAGE HEADWALL PROP. DETENTION POND 2652 SF PROP. FIRE HYDRANT PROP. FIRE HYDRANT 21.4'EX. FIRE HYDRANT 5' LANDSCAPE SETBACK BUILDING SETBACK EX. 100-YEAR FLOOD PLAIN CAUTION: EXISTING WATER LINE EX. 10' SIDEWALK 5' LANDSCAPE SETBACK EX. DECELERATION LANE MENU BOARD 165.5' PROP. DO NOT ENTER SIGN 6' X 6' RISER ROOM 30' LANDSCAPE AND ACCESS ESMT PROP. DRAINAGE ESMT PROP. DRAINAGE ESMT 100.0'R30'R30'R 30'5' LS 5' LS 5' LS 3 TEMPORARY CUL-DE-SAC 2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG R10' R15' R10'R10'R15 'R15'R 10'R1 0'R 10'R10' R 3 0 '50.0' 50.0'R10'R 15' R 1 5 'R30'R3 0' LEGEND C3.0 FILENAME: C3.0 SITE PLAN_.dwgPLOTTED BY: John GardnerFULL PATH: K:\Jobs\VIC23003_Frontier South Retail 1\Drawings\03 - ProductionK:\Jobs\VIC23003_Frontier South Retail 1\Drawings\03 - Production\C3.0 SITE PLAN_PLOTTED DATE: 9/27/2023SITE BENCHMARKS BM NO. 1 AN "X" SET ON A CONCRETE STORM SEWER INLET WITHIN PRESTON ROAD (STATE HIGHWAY 289), APPROXIMATELY 20' EAST AND 82' SOUTH OF THE NORTHEAST CORNER OF THE SUBJECT PROPERTY. ELEVATION = 708.16' (NAD '83) BM NO. 2 A 60D NAIL SET ON NATURAL GROUND WITHIN THAT TRACT OF LAND DESCRIBED TO VICTORY AT FRONTIER, LLC BY DEED RECORDED IN DOCUMENT NO. 20161122001590950, O.P.R.C.C.T., APPROXIMATELY 131' WEST AND 77' NORTH OF ITS MOST EASTERLY SOUTHEAST CORNER. ELEVATION = 709.34' (NAD '83) SHEET:REV:DATE:DESCRIPTION:FRONTIER SOUTHRETAIL 1LOT 2, BLOCK 1CITY OF PROSPERCOLLIN, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: VIC23003 DATE E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C U M E N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E P U R P O S E S O F C O N S T R U C T I O N , B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y, OR UND ER T H E S UPE R VIS IO N OF : P.E.# 138295 JOHN D. GARDNER DATE: September 27, 2023 2911 TURTLE CREEK BLVD. STE 700 DALLAS, TX 75219 972-707-9555 SITE PLAN DATA TABLE EXISTING ZONING PD PROPOSED ZONING PD-116 PROPOSED USE RETAIL/ RESTAURANT/ OFFICE LOT AREA (SF) / (ACRES)60,698 / 1.39 TOTAL BUILDING AREA (SF)9,945 BUILDING HEIGHT 24'-0" (1 STORY) BUILDING LOT COVERAGE (%) / FLOOR AREA RATIO 16.4% / 0.164:1 IMPERVIOUS SURFACE 12,961 SF SITE PLAN DEVAPP-23-0091 FRONTIER SOUTH RETAIL 1 1.39 ACRES LOT 2, BLOCK X VICTORY AT FRONTIER SOUTH, LP (INST. NO. 20180824001065580) TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: 5/2/2023 OWNER/APPLICANT VICTORY REAL ESTATE GROUP 2911 TURTLE CREEK BLVD. #700 DALLAS, TX 75219 PH: 214-934-2566 CONTACT: JESUS SANCHEZ LANDSCAPE ARCHITECT LONDON LANDSCAPES P.O. BOX 28 COLLINSVILLE, TEXAS 76233 EMAIL: AMY_LONDON@ LONDON-LANDSCAPES.NET CONTACT: AMY LONDON, RLA ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: JOHN GARDNER, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS WATER METER SCHEDULE 1 PROP. 2" METER (DOMESTIC) 2 PROP. 6" DCDC (FIRE SERVICE) 3 PROP. 1" METER (IRRIGATION) SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET06030 SCALE: 1" = 30' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. 7.REFER TO SHEET(S) C10.0 FOR SITE DETAILS. PARKING DATA TABLE RETAIL PARKING REQUIREMENT 1 SPACE PER 250 SF RESTAURANT PARKING REQUIREMENT 1 SPACE PER 100 SF PORTION OF BUILDING RETAIL 62.8% / 6,245 SF PORTION OF BUILDING RESTAURANT 37.2% / 3,700 SF RETAIL PARKING SPACES REQUIRED 25 SPACES RESTAURANT PARKING SPACES REQUIRED 37 SPACES TOTAL PARKING SPACES REQUIRED 62 SPACES TOTAL PARKING SPACES PROVIDED 62 SPACES REQUIRED ADA PARKING 3 SPACES (1 VAN) PROVIDED ADA PARKING 3 SPACES (1 VAN) Know what's below. before you dig.Call R FIRE LANE STRIPING PROPOSED FIRE HYDRANT PROPOSED SANITARY MANHOLE PROPOSED CURB INLET PROPOSED GRATE INLET ACCESSIBLE ROUTE PARKING COUNT PROPOSED RETAINING WALL PROPOSED FDC PROPERTY BOUNDARY FH FIRELANE 10 SS 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 PER THE ZONING ORDINANCE. 2)OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER 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 THE 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 DESIGNED 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. AMENDMENT 503.1.1 12)THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1 13)BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. APPENDIX D105 14)THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 15)THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 16)DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17)FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. LANDSCAPE AROUND THE FIRE HYDRANT SHALL BE NO HIGHER THAN 12 INCHES AT THE MATURE HEIGHT. AMENDMENT 507.5.1 18)AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). 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." AMENDMENT 507.5.1 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 TURN WITH LOCKING CAP. AMENDMENT 507.5.1 20)FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. AMENDMENT 507.5.1 21)THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1 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. AMENDMENT 503.1.1 23)THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.5 24)ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENT R313.2 25)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. 26)ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 27)ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 28)ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 29)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. 30)APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING SERVICES DEPARTMENT. 31)SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE. 32)ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 33)ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONING ORDINANCE. 34)ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 35)IMPACT FEES WILL BE ASSESSED PER 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. 36)THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. 37)THE TOWN CURRENTLY CONTRACTS WITH CWD FOR WASTE DISPOSAL SERVICES. THEY MAY BE CONTACTED AT 972-392-9300. NOTES: 1.NO EXISTING TREES ARE ON THIS SITE. 2.NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE. 3.MECHANICAL EQUIPMENT, INCLUDING HVAC, TO BE LOCATED ON THE ROOF OF THE BUILDING AND SCREENED WITH PARAPET. VICINITY MAP N.T.S.289W FRONTIER PKWY STABLEFOR D S T ALLBRIGHT RD VICTORY WYWORTHINGTON WAYLANIER WAYCOLUMBUS LN CAROLINA LNPURDUE LN DUKE DR YALE LNMCMASTER LNSTANFORD LN WINCHESTER DRCATTLE DRBOZMAN TRAILCHISHOLM TRAIL REMINGTON RDCHEYENNE DRTOMBSTONE DR SANTA FE LN E FRONTIER PKWY PROJECT SITE N COL E M A N S T PRESTON HILLS CIRPRESTON HILLS ESTATESN PRESTON RDBARNSTOR M D R KINGSBRIDGE LNPage 153 Item 18. JEW W W W W W W W W W W WWWWWWWWWWWWWWSS SS SS SS SS SS SS SS SS SS SS S S GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GGG RWRWRWRWSSSSSSSSSSSSSSSSSSS S S S WWWWWWWWWWWWWWWWWW W W W W W W W W W W WWWSS SS SS SS SSSSS S WWWWWWWWWWWWWWWWW W W W W WWWWWWS W W S S S T T T T T T TT FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFL FL FL FLFL FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFL FLFLFL FLFLFLFLFLFLFLFLFLFLFLFLSG UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGEU G E UGEUGEUGEUGEUGEUGET T T T T T TT SG UGEUGE UGE UGE UGE UGE UGE UGE UGE UGE P P 5028 653.92 3 PIN FL A G Y E L L O W E N D A T M O S GAS GAS GAS GAS SS SS SS SS SS SS SS SS SS SS SS S S GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GGG RWRWRWRWSSSSSSSSSSSSSSSSSSS S S S WWWWWWWWWWWWWWWWWW W W W W W W W W W W WWWSS SS SS SS SSSSS S WWWWWWWWWWWWWWWWW W W W W WWWWWWS W W S S S T T T T T T TT FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFL FL FL FLFL FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFL FLFLFL FLFLFLFLFLFLFLFLFLFLFLFLSG UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGEU G E UGEUGEUGEUGEUGEUGET T T T T T TT SG UGEUGE UGE UGE UGE UGE UGE UGE UGE UGE P P N37°34'27"E186.43'R=395.00'∆=35°51'33"L=247.21'CB=N20°13'36"EC=243.20'N2°17'50 "E71.48 ' N47°17'50"E 35.36' R =1 1 8 2 .3 0 '∆=1 °3 5 '1 9 " L =3 2 .7 8 'C B =S 8 7 °4 2 '1 0 "E C =3 2 .7 8 'S85°2 3' 2 8 " E 150.4 9' N90° 0 0' 0 0" E 125.0 0' S45°00'04"E 35.36'S0°00 '05 "E110.09 'R=1370.47'∆=15°50'43"L=379.00'CB=S9°05'14"WC=377.80'R=1370.47'∆=15°50'43"L=379.00'CB=S9°05'14"WC=377.80'R=1371.33'∆=8°31'54"L=204.20'CB=S21°16'57"WC=204.01'8' HIKE AND BIKE TRAIL (TYP.) EX FH EX FH EX FH EX MH EX MH EX MH EX MH EX LIGHT POLE EX HEADWALL EX 12 " WATER EX LIGHT POLE 8' HIKE AND BIKE TRAIL EX 2" G A S LI N E EX STRM EASEMENT LOV E R S L A N E (90' R O W) EX 36" STO R M EX 3 6" S T O R M EX JB EX CI EX CI EX CI EX CIGATE WAY DRIVE(60' ROW)EX 30 " STORMEX 48" STORMEX 8 " SSWR BLOCK D, LOT 1 16.910 ACRES 736,621 SQ. FT. BLOCK D, LOT 2 10.14 ACRES 441,893.207 SQ. FT. PROP LIGHT POLE (TYP) PROP WATER BY SEPARATE PROJECT PROP STORM BY SEPARATE PROJECT R30' R30'STREET B(60' ROW)FH FH FH CI CI IM 2" IRRIGATION METER NWSEL = 654.20 100-YR WSEL = 655.04 VOLUME = 0.46 AC-FT EXISTING POND 8' SIDEWALK PICNIC TABLES 6" SIDEWALK BY SEPARATE PROJECT R30' R30' PROP LIGHT POLE (TYP) PROP BOULDER (TYP.) CONCRETE PAVING BAND PET WASTE STATION TRASH RECEPTACLE FOUNTAIN EQUIPMENT APPROXIMATE EX TOP OF BANK OF POND NORMAL WATER SURFACE 100-YR WSEL TPET WSSWWWT FLFLFLUGETSS WWWT FLFLFLUGET EX 8" SSWRPROP WATER BY SEPARATE PROJECT C-1SITE PLAN00 40'80' GRAPHIC SCALE 40'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT106 W. LOUISIANA STREET, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKEMRAKLAST SAVED10/6/2023 12:03 PMPLOTTED BYMARTINEZ, EDUARDO 10/6/2023 12:10 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\MF2 INFRASTRUCTURE\CAD\PLANSHEETS\PARKDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGES town logo :XREFS xSite-MF2-PUB : xSurv-Ph3-Onsite : xBrdr : xSite-MF1-PUB : xStrm-MF2-PUB : xSurv-MF2-PUB : xUtil-MF2-PUB : xElectrical : xHard : xTopo-EX : xSite-MF1 : xDry-Util : xStrm-MF1 : xUtil-MF1 : Grading Plan : xStriping-MF-PH1 : xStrm-MF1-PUB : xUtil-MF1-PUB : xLite-MF1-PUB : xSite-MF1-PSP : xIrrigation : xPlant068109056THE GATES OFPROSPERPROSPER, TEXAS© 2023 KIMLEY-HORN AND ASSOCIATES, INC.MAY 2023PARK10/06/2022 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 REFERENCE SHEET C-2 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.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. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.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. 7.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 & 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. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND NOTESSTREET BGATEWAY DRIVEPROJECT SITE LOVERS LNLOVERS LN COLEMAN STRICHLAND BLVDBNSF RAILROADHWY 289US 380 N.T.S. VICINITY MAP Page 154 Item 18. TPET WWWWWWWWWWWWWWWW W W W W W W W W W W W W W W SSSSSSSSS W W W W W W W W W W W S WWWWWWWWWWWWWWWWS S S S WSSWWWWWWWWWWWWW SS SS SSWT TT FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFL FLFLFLFLUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGE T TTSSSSSSSSS W W W W W W W W W W W S WWWWWWWWWWWWWWWWS S S S WSSWWWWWWWWWWWWW SS SS SSWT TT FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFL FLFLFLFLUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGE T TT N21°37'21"E181.18'R=753.00'∆=15°42'26"L=206.43'CB=N29°43'14"EC=205.78'R=435.55'∆=13°49'30"L=105.09'CB=S32°43'20"WC=104.84'S39°53'31"W149.14'S39°03'03"W25.84'S38°12'34"W140.96'S83° 1 2' 3 4" W 35.3 6' R =9 0 0.0 0 ' ∆=13 °2 0 '18 " L =2 0 9.5 2 ' C B =N5 8 °2 7 '3 5 "W C =2 0 9.0 5 ' EX FH EX FH EX MH EX MH EX STRM EASEMENT EX HEADWALL EX HEADWALL EX 48" S T O R MEX 8" SSWRRIVER ROCK AND FLAT TOP BOULDERS 8' HIKE AND BIKE TRAIL 8' HIKE AND BIKE TRAIL PROP LIGHT POLE (TYP) RICHLAN D B O U L E V A R D (90' ROW ) EX CI EX CI EX 12" WATERPROP CI BY SEPARATE PROJECT PROP CI BY SEPARATE PROJECT PROP AREA DRAIN BY SEPARATE PROJECT PROP WATER BY SEPARATE PROJECT BLOCK D, LOT 1 16.910 ACRES 736,621 SQ. FT. PROP LIGHT POLE (TYP)STREET B(60' ROW)FH NWSEL = 651.00 100-YR WSEL = 654.12 VOLUME = 4.89 AC-FT EXISTING POND FH FH FH CI CI CI CI CI BFR 6" SIDEWALK BY SEPARATE PROJECT PICNIC TABLES 6" SIDEWALK BY SEPARATE PROJECT R30' R30' R30' R30' CI CI N51°47'2 6 " W BLOCK D, LOT 2 10.14 ACRES 441,893.207 SQ. FT. FOUNTAIN AND PUMP EQUIPMENT PROP BOULDER (TYP.) DECK CROSSING CONCRETE PAVING BAND TRASH RECEPTACLE PROP BOULDER (TYP.) 100-YR WSEL NORMAL WATER SURFACE EX JUNCTION BOX APPROXIMATE EX TOP OF BANK OF POND JW WSSS WWWWT FL FLFLFLUGEUGET SSS WWWWT FL FLFLFLUGEUGET EX STRM EASEMENT This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT106 W. LOUISIANA STREET, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKEMRAKLAST SAVED10/6/2023 12:03 PMPLOTTED BYMARTINEZ, EDUARDO 10/6/2023 12:10 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\MF2 INFRASTRUCTURE\CAD\PLANSHEETS\PARKDWG NAMESITE PLAN.DWG , [ 24 x 36 (2) ]IMAGES town logo :XREFS xSite-MF2-PUB : xSurv-Ph3-Onsite : xBrdr : xSite-MF1-PUB : xStrm-MF2-PUB : xSurv-MF2-PUB : xUtil-MF2-PUB : xElectrical : xHard : xTopo-EX : xSite-MF1 : xDry-Util : xStrm-MF1 : xUtil-MF1 : Grading Plan : xStriping-MF-PH1 : xStrm-MF1-PUB : xUtil-MF1-PUB : xLite-MF1-PUB : xSite-MF1-PSP : xIrrigation : xPlant068109056THE GATES OFPROSPERPROSPER, TEXAS© 2023 KIMLEY-HORN AND ASSOCIATES, INC.MAY 2023PARK10/06/2022 C-2SITE PLAN00 40'80' GRAPHIC SCALE 40' 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 REFERENCE SHEET C-1 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.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. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.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. 7.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 & 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. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND NOTES VICINITY MAP N.T.S. US 380 HWY 289BNSF RAILROADRICHLAND BLVDCOLEMAN STLOVERS LN LOVERS LNPROJECT SITE GATEWAY DRIVESTREET BPage 155 Item 18. DEVELOPMENT SITE PLAN (DEVAPP-23-0170)EX N PROJ. MGR.: DRAWN BY: DATE: SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BY3990 W. UNIVERSITY DR. PROSPER, TEXASST. MARTIN DE PORRES ADDITION, BLOCK ALOT 2TM505 Pecan Street, Suite 201, Fort Worth, TX 76102 ph:817.865.5344 manhard.comCivil Engineers | Surveyors | Water Resource Engineers | Water & Waste Water EngineersConstruction Managers | Environmental Scientists | Landscape Architects | PlannersTexas Board of Professional Engineers & Land Surveyors Reg. No. F-10194754 (Surv), F-21732 (Eng)TOWN OF PROSPER STANDARD NOTATIONS: 1)ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2)LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3)ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4)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. 5)ALL SIGNAGE IS SUBJECT TO BUILDING OFFICE APPROVAL. 6)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. 7)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 & 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. 8)OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS, AND DETENTION PONDS LEGEND BARRIER FREE RAMP FIRE LANE LIGHT POLE LEGEND BARRIER FREE RAMP FIRE LANE LIGHT POLE LP FIRE HYDRANT Page 156 Item 18. 76+0 0 77+0078+0079+0080+0081+0082+0083+0084+ 0 0 85+0 0 86+0 0 87+00 LOT 31LOT 30LOT 29LOT 28LOT 27LOT 26 LOT 25LOT 24 LOT 34X LOT 17 LOT 15LOT 16 CALLED 45.000 ACRES SUMEER HOMES, INC. DOC. NO 20210323000571600 O.P.R.C.C.T. CALLED 73.060 ACRES 73 PROSPER, L.P. VOL. 6025, PG. 1725 D.R.C.C.T. OLD FIRST STREET ASPHALT PAVEMENT BLOCK B WHITLEY PLACE, PHASE 5 VOL. 2014, PG. 57, P.R.C.C.T. BLOCK S WHITLEY PLACE, PHASE 6 VOL. 2012, PG. 349, P.R.C.C.T. E 1ST ST N89°41'31"E 682.49'S0°48'37"E368.80'R.O.W. DEDICATION PROP. WET POND LOT 1 9.26 ACRES VAN VAN 30' 40' SIDE YARD BUILDING SETBACK 40' SIDE YARD BUILDING SETBACK 90'LEG A L: A B S A 0 6 0 0 L A R KI N M C C A R T Y SUR V E Y, T R A C T 1 3, 2 9. 3 8 A C R E S OWN E R: S U M M E R H O M E S I N C. ZONI N G: R E SI D E N TI A L LEGAL: A0600 LARKIN MCCARTY SURVEY, TRACT 12, 18.69 ACRES OWNER: 55 PROSPER LP ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 6 (CPR), BLK S, OWNER: TARUM JAMES l & DENISE LUANN ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 6 (CPR), BLK S, LOT 17 OWNER: HAMMACK 1990 TRUST ZONING: RESIDENTIAL LEGAL: WHITLEY PLACE PHASE 5 (CPR), BLK B, LOT 31 OWNER: BEYER DONALD & JENNIFER H ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR), BLK B, LOT 30 OWNER: ROWLAND STEVE ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR), BLK B, OWNER: BIRDSONG LISA & DENNY ZONING: RESIDENTIAL OWNER: WORTHAM JACOB & HILLARY. ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR), BLK B, OWNER: WHITE SHANE REVOCABLE TRUST ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR) BLK B, OWNER: ELMORE TIMOTHY R & ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR), BLK B, OWNER: STOGSDILL ROBERT W & NANCY ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR), BLK B, OWNER: JOSEPH THRESSIA M & ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 5 (CPR), BLK B, LOT 34X; COMMON AREA DRAINAGE EASEMENT OWNER: WCD-WHITELY PLACE HOMEOWNERS ASSOCIATION INC. ZONING: RESIDENTIAL LEGAL: WHITELY PLACE PHASE 6 (CPR), BLK S, LOT 15 OWNER: WHITE CEDRIC DONNELL & MICHELLE KAY ZONING: RESIDENTIAL 5' LANDSCAPE SETBACK 15' LANDSCAPE SETBACK HARKNESS DRHANGING GDN DRWILDERNESS DR PROP. 6' SIDEWALK45' PRESCRIPTIVE RIGHT OF WAY DEDICATION15' PROP.SEWER ESMT.9'9'9'9'9'9'9'18' 9'9'9'9'9'9'9'15' PROP. LANDSCAPE SETBACK300.9'30'9'9'9'9'25'9'9'9'9'18'24'18'141.95'13'5.5' 18' 24'5.5'18'24'9'18' 24' 5.5' 17'5.5'8'9'R30'R3 0 'R54' R 3 0 ' R30'R54'R3 0 'R54'R60'R30'30' BUILDING SETBACK ADJACENT TO STREET.PROP. FH. P R O P . F H .PROP.FH.PROP. FDC. PROP. FH. PROP. FH. P R O P . F H . RISER ROOM 15' SSWR ESMT DEDICATED BY WHITLEY PLACE PHASE 6.15' PROP. LANDSCAPE SETBACK10' H IKE & B IKE TRA IL CALLED 11.840 ACRES COLLIN COUNTY LIGHTHOUSE CHRISTIAN FELLOWSHIP, INC. DOC. NO. 20200819001365880 O.P.R.C.C.T.67.78'115.14'LOADING AREA PROP. BFR PROP. BFR PROP. BFR PROP. DUMPSTER ENCLOSURE TO MATCH BUILDING MATERIAL. 8' MASONRY WALL REQUIRED. 10'10'60' TURN L A NE 110' T R A N SI TI O N 150' TURN LANE 100' T R A N SI TI O N 15' PROP. SEWER ESMT.60' TURN LANE110' TRANSITION1 0 ' 1 0 ' 2 4 ' 1 8 ' 2 4 '70'R30' 170.12'250.16'179.31' 1 1 6 ' 9 0 . 2 8 ' R30' R30' 5.5'18'24'9'R54'FIRST STREET1 1 111 DRAINAGE & DETENTION EASEMENT 25' LANDSCAPE AND ACCESS EASEMENT90' ROW30' FRONT YARD SETBACKR30' R30' LIVING SCREEN. REFER TO LANDSCAPE PLANS FOR DETAILS 20' PROP. SEWER ESMT. 18'9'24'18'6'REFER TO TOWNCONSTRUCTION DETA ILS 18'12'9'PROP.BFRR30' 6 7 . 9 5 'R30'PROP.BFR5 5 . 3 7 ' 6 1 . 2 1 ' 6 5 . 2 1 '4'R30' 6 2 . 3 6 ' PRO P . BFR PRO P . BFR 10'P R O P . C U R B I N L E T 9'TURN L A N E ARE A = 3,309 SF.TURN LANEAREA = 2,258 SF.TUR N L A N E ARE A = 1, 9 7 2 S F. R60' CONNECT TO CONCRETE INSTALLED BY OTHERS CONNECT TO CONCRETE INSTALLED BY OTHERS 15'20'20'R1 0 'R5 ' 24' 18' 18'9'9'18'24'20'20'24'10'24' 18' 20' 20' 24' 18'18'18'24'12'R10' R 1 0 '18'24'18'R44'R10'R44'R20'R10'PHASE LINE PHASE LINE 2,625 SF1,365 SF 4,315 SF HVAC PROPOSED BUILDING PH1 12,030 SQ. FT. 189 SEATS PH2 8,305 SQ FT 150 SEATS TOTAL 20,335 SQ FT 339 SEATS 263 SPACES HVAC 2' OVERHANG (TYP ON ALL 18' PARKING STALLS) 2' OVERHANG (TYP ON ALL 18' PARKING STALLS) 0 GRAPHIC SCALE 1 inch = ft. 60 60 120 60 30 DATENo.REVISIONBYDATE: SHEET File No. 2022-130 10/3/2023 CHECKED:ASD DRAWN:SD DESIGN:ASDLIGHTHOUSE CHURCHE. FIRST STREETPROSPER, TX.1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 PRELIMINARY CLAYMOORE ENGINEERING PRELIMINARY SITE PLANSP-1 VICINITY MAP N.T.S. SITE ACCORDING TO MAP NO. 48085C0255J, 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 NON-SHADED ZONE "X", (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. FLOODPLAIN NOTE COUNTY SURVEY:ABSTRACT NO. COLLIN LARKIN MCCARTY 600 CITY:STATE: PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 301 S. COLEMAN ST. PROSPER, TX 75078 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 S. ELM ST. SUITE #104 DENTON, TX 76201 PH: 940.222.3009 COLLIN COUNTY LIGHTHOUSE CHRISTIAN FELLOWSHIP, INC. 4300 E. 1ST ST. PROSPER, TX. 75078 PH. 972.562.2500 JHOOK@LIGHTHOUSENTX.COM CONTACT NAME: MATT MOORE CONTACT NAME: TYLER RANK PROPOSED BLOCK A, LOT 1 LIGHTHOUSE ADDITION LEGEND STANDARD DUTY CONCRETE PAVEMENT HEAVY DUTY CONCRETE PAVEMENT FIRST STREET PAVEMENT BY OTHERS DUMPSTER AREA CONCRETE PAVEMENT SIDEWALK CONCRETE PAVEMENT PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT FULL-DEPTH SAWCUT PROPOSED FIRE LANE STRIPPING 2' PARKING OVERHANG1 CONTACT NAME: JEFF HOOK ZONING DESCRIPTION: PD-90 CASE #: DEVAPP-23-0173 TOWN OF PROSPER SITE PLAN NOTES: 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER 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 THE 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 DESIGNED 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. AMENDMENT 503.1.1 12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1 13.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. APPENDIX D105 14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.1 18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). 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." AMENDMENT 507.5.1 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 TURN WITH LOCKING CAP. AMENDMENT 507.5.1 20.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. AMENDMENT 507.5.1 21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1 22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ABOVE. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1 23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.5 24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENT R313.2 25.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. 26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 29.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. 30.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING SERVICES DEPARTMENT. 31.SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE. 32.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 33.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONING ORDINANCE. 34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 35.IMPACT FEES WILL BE ASSESSED PER 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. 36.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. Page 157 Item 18.