01.23.24 Town Council Regular Meeting PacketPage 1 of 4
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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.
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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.
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making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
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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. Presentation of a Proclamation to the University of Texas at Dallas Naveen Jindal
School of Management recognizing its Capstone Senior Project program. (LJ)
2. Presentation of a Proclamation declaring the week of January 13-28, 2024 as Health for
Humanity Yogathon. (MLS)
3. Recognize Frank Jaromin, Public Works Director, for his years of dedicated service to
the Town of Prosper upon his retirement. (CE)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 23, 2024
6:15 PM
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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.
4. Consider and act upon the minutes from the January 9, 2024, Town Council Work
Session meeting. (MLS)
5. Consider and act upon the minutes from the January 9, 2024, Town Council Regular
meeting. (MLS)
6. Consider acceptance of the December 2023 monthly financial report. (CL)
7. Consider and act upon ratifying an emergency purchase expenditure to Consolidated
Traffic Controls, Inc. related to the Town’s emergency repair of a traffic signal pole
located at Prosper Trail and the Dallas North Tollway (DNT). (FJ)
8. Consider and act upon an ordinance releasing 19.358 Acres, more or less, generally
located west of FM 1385 in Denton County, from the Town’s Extraterritorial Jurisdiction.
(TW)
9. Consider and authorize the transfer of $6,102,367.26 in American Rescue Plan Act
(ARPA) funds to Upper Trinity Regional Water District (UTRWD) to support the
expansion of the Doe Branch Wastewater Treatment Plant. (CE)
10. Consider and act upon an ordinance amending the Town of Prosper Zoning Ordinance
by amending conditional development standards for certain location requirements of gas
pumps contained in Subpart 3 and Subpart 17 of Subsection 1.4 of Section 1 of Chapter
3. (ZONE-23-0039) (DH)
11. Consider and act upon an ordinance to rezone 26.1± acres from Agricultural (AG) to
Planned Development-126 (PD-126), for Prosper School Church Addition, Block A, Lot
2, located north of West First Street and west of South Legacy Drive. (ZONE-23-0030)
(DH)
12. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between James Riley and the Town of Prosper relative to Rock Creek
Church. (DH)
13. Consider and act upon an ordinance to rezone 34.7± acres from Commercial (C) to
Planned Development-119 (PD-119), for Collin County School Land Survey, Abstract
No. 147, Tract 47, located north of West Prosper Trail and west of North Dallas Parkway.
(Z22-0019) (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
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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:
14. Conduct a public hearing to consider and act upon a request for a Specific Use Permit
(SUP) for a Wireless Communications and Support Structure, on Lakewood Preserve,
Block A, Lot 1, on 0.1± acre, located south of East First Street and east of South Coit
Road. (ZONE-23-0036) (DH)
15. Consider and act upon awarding CSP No. 2024-10-B to Zachry Construction
Corporation, related to construction services for the Legacy Drive (Prair ie – First) – 4
Lanes project; and authorizing the Town Manager to execute a construction agreement
for same. (HW)
16. Consider and act upon awarding CSP No. 2024-11-B to Maya Underground Contractors
LLC, related to construction services for the Dallas North Tollway (Prosper Trail -
Frontier) 12-inch Waterline project; and authorizing the Town Manager to execute a
construction agreement for same. (HW)
17. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas,
declaring the public necessity to acquire certain properties for right-of-way, drainage
easements, a water easement, a street easement, a sidewalk easement and temporary
construction easements for the construction of the Craig Road (Preston - Fifth) 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)
18. 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 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, and the Community
Engagement Committee, and all matters incident and related thereto.
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Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with Article 1.09 and Article 8.03 of the Town's Code of Ordinances, and Chapter 214 of
the Texas Local Government Code, and all matters incident and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, January 19, 2024, 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.
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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 arrived at 5:17 p.m.
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
Hulon Webb, Director of Engineering Services
Dan Baker, Parks and Recreation Director
Kaylynn Stone, Special Events Coordinator
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Chris Landrum, Finance Director
Doug Kowalski, Police Chief
Items for Individual Consideration
1. Discussion regarding the 2024 Special Events Calendar. (DB)
Mr. Baker presented the proposed 2024 Special Events Calendar along with an
overview of event goals, significant dates and other local events that were
considered when selecting event dates.
The Town Council discussed the proposed dates and noted their agreement for the
events listed.
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.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 9, 2024
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Section 551.074 – To discuss and consider personnel matters and all matters incident and
related thereto.
Section 551.071 – To receive legal advice regarding land use and development issues.
The Town Council recessed into Executive Session at 5:39 p.m.
Reconvene into Work Session.
The Town Council reconvened into the Work Session at 6:03 p.m.
Adjourn.
The meeting was adjourned at 6:04 p.m.
These minutes were approved on the 23rd day of January 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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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
Mary Ann Moon, Economic Development Director
Dan Baker, Parks and Recreation Director
Todd Rice, Communications and Media Relations Manager
Kellen Land, Help Desk Technician
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship 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:
Residents are still able to drop off their live Christmas tree through January 14 at the drop-off site
located at Tucker Pak, 454 E. First Street. Service is open to all Prosper residents and businesses
free of charge.
A reminder that Town offices will be closed Monday, January 15 for the Martin Luther King Jr.
Holiday. There will be no trash service delays due to the holiday.
Join Mayor Bristol and Prosper ISD Superintendent Dr. Holly Ferguson for the State of the
Community hosted by the Prosper Chamber of Commerce and presented by Children’s Health
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 9, 2024
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on Thursday, January 18 from 11:00 a.m. to 1:00 p.m. for a year-end recap and what exciting
things are ahead in 2024. Citizens may register for the event at prosperchamber.com.
Residents may check out all the exciting Winter programs being offered at the library. Programs
are available for all ages. View the Winter Programs by visiting the Library Department page on
the Town’s website.
Deputy Mayor Pro-Tem Ray announced that it was National Law Enforcement Day and thanked
those serving within our Police Department.
Presentations.
1. Presentation to the Town of Prosper for receiving the Commission for
Accreditation of Parks and Recreation Agencies (CAPRA) award. (DB)
Mr. Baker introduced the item with an overview of the criteria and standards for the
CAPRA award.
Mayor Bristol thanked the members of the Parks and Recreation and invited them and
the members of the Town Council forward for a picture.
2. Presentation regarding the 2023 Mayor's Fitness Challenge. (DB)
Mr. Baker introduced the item with an overview of the 2023 Mayor’s Fitness Challenge
including the number of participants, hours completed, etc. Mr. Baker stated the 2023
overall winner is Mike Gregory.
Mayor Bristol presented Mr. Gregory with a THRIVES and Mayors coin.
Mayor Bristol recognized Deputy Mayor Pro-Tem Rays milestone birthday.
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.
3. Consider and act upon the minutes from the December 12, 2023, Town Council
Work Session meeting. (MLS)
4. Consider and act upon the minutes from the December 12, 2023, Town Council
Regular meeting. (MLS)
5. Consider acceptance of the November 2023 monthly financial report. (CL)
6. Consider and act upon Ordinance 2024-01 amending Ordinance No. 2022-54 (FY
2022-2023 Annual Budget). (CL)
7. Consider and act upon Ordinance 2024-02 amending Ordinance No. 2023-60 (FY
2023-2024 Annual Budget). (CL)
8. Consider and act upon approving an agreement between Aclara Technologies
LLC and the Town of Prosper for maintenance and support from Aclara, a sole
source provider, and consider and act upon approving an amendment to the
existing Aclara Maintenance Agreement between Aclara Technologies LLC and
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the Town of Prosper to add Aclara Network Freedom to the existing Maintenance
Agreement; and authorizing the Town Manager to execute the same. (CL)
9. Consider and act upon approval of the purchase and installation of a shade
structure for the Cynthia A. Cockrell Elementary School Playground. (DB)
10. Consider and act upon approving a new Lease Agreement for Dylan Drive
property housing Park Operations and authorizing the Town Manager to execute
documents for same. (DB)
11. Consider and act upon approving the annual purchase of ammunition and range
supplies from GT Distributors, Inc. and authorizing the Town Manager to
execute documents for the same. (DK)
12. Consider and act upon Resolution 2024-03 approving a Service Agreement with
Flock Group, Inc. for the lease of flock safety automatic license plate recognition
(ALPR) cameras and authorizing the Town Manager to execute documents for
the same. (DK)
13. Consider and act upon a Multiple Use Agreement (MUA) between the Town of
Prosper, Texas and the Texas Department of Transportation (TxDOT) for the
construction, maintenance, and operation of a public Fixed License Plate
Reader System; and to authorize the Town Manager to execute documents for
the same. (DK)
14. Consider and act upon approving a Service Agreement between Honeywell
International, Inc., dba US Digital Designs by Honeywell, and the Town of
Prosper regarding fire station alerting equipment and authorizing the Town
Manager to execute documents for the same. (SB)
15. Consider and act upon authorizing the Town Manager to execute the First
Amendment to the Interlocal Agreement between the City of Celina, Texas, and
the Town of Prosper, Texas, related to cost participation in construction of
interim asphalt improvements on Legacy Drive from Frontier Parkway to Parvin
Road. (HW)
16. Consider and act upon Ordinance 2024-04 repealing the Town’s Juvenile Curfew
Ordinance, found in Article 8.04 of Chapter 8 of the Code of Ordinances. (TW)
17. Consider and act upon Ordinance 2024-05 amending Section 1.09.017 of the
Code of Ordinances relative to the carrying of firearms in Town parks, and
Sections 8.03.001 and 8.01.002 of the Code of Ordinances relative to the carrying
and discharge of firearms in Town buildings or in the Town limits. (TW)
18. Consider and act upon Ordinance 2024-06 amending the Code of Ordinances by
adding a new Article 8.09 to Chapter 8 Prohibiting the Dumping of Trash on
Public or Private Property. (TW)
19. Consider and act upon Ordinance 2024-07 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)
20. Consider and act upon Ordinance 2024-08 amending the Town of Prosper
Zoning Ordinance by amending conditional development standards for
restaurants contained in Subsection 1.4 of Section 1 of Chapter 3; amending
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non-residential landscaped area requirements contained in Subsection 2.6(C) of
Section 2 of Chapter 4; repealing existing Subsection 4.9 of Section 4 of Chapter
4 related to loading space requirements and replacing it with a new Subsection
4.9; adding a new Subsection 4.10 of Section 4 of Chapter 4 related to stacking
requirements; amending the location of required screening contained in
Subsection 5.2 of Section 5 of Chapter 4; and amending provisions related to
adjacency of certain uses to residential zoning contained in Subsection 9.11 of
Section 9 of Chapter 4. (ZONE-23-0033) (DH)
21. Consider and act upon Ordinance 2024-09 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)
22. Consider and act upon a request for a Façade Plan for Gates of Prosper, Phase
3, Block B, Lot 2, on 15.8± acres, located north of US 380 and west of Preston
Road. The property is zoned Planned Development-67 (PD-67) Gates of Prosper.
(DEVAPP-23-0165) (DH)
23. Consider and act upon Ordinance 2023-77 to rezone for 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. (S20-0002) (DH)
24. Consider and act upon Ordinance 2024-10 to rezone 0.4± acres from Single
Family-15 (SF-15) to Planned Development-124 (PD-124), for Bryant’s Addition,
Block 11, Lots 1, 11, and 12, located on the northeast corner of South Coleman
Street and East Third Street. (ZONE-23-0027) (DH)
25. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Michael Bryant & Curtis Klieger and the Town of Prosper
relative to 105 South Coleman Street. (DH)
26. Consider and act upon Ordinance 2024-11 to rezone 0.5± acres from Single
Family-15 (SF-15) to Planned Development-125 (PD-125), for Bryant’s Addition,
Block 22, Lots 7, 8, and 9, located on the northwest corner of South Parvin Street
and East Second Street. (ZONE-23-0028) (DH)
27. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Kevin & Jennifer Pittman and the Town of Prosper relative
to 202 South Parvin Street. (DH)
28. 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
Preliminary Site Plans and Site Plans. (DH)
Mayor Bristol stated staff requested to pull item 10.
Councilmember Bartley requested to pull item 26 and 27.
Deputy Mayor Pro-Tem Ray requested to pull item 17.
Councilmember Cotten made a motion to approve items 3 through 9, 11 through 16,
18 through 25, and item 28. Mayor Pro-Tem Andres seconded that motion. Motion
carried unanimously.
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Regarding item 10, Mr. Baker made a brief presentation noting an update of the
payment calculation and language within the lease agreement.
Councilmember Cotten asked if due to the excess paid, would the Town receive a
refund. Mr. Baker replied that he would ask.
Councilmember Cotten made a motion to approve a new Lease Agreement for Dylan
Drive property housing Park Operations and authorizing the Town Manager to execute
documents for same. Mayor Pro-Tem Andres seconded that motion. Motion carried
unanimously.
Regarding item 17, Deputy Mayor Pro-Tem Ray asked if the proposed aligns with the
state legislature and expressed concerns of the language within Section 8.03.002 (a)
regarding the discharge of any kind within Town limits.
Deputy Mayor Pro-Tem Ray made a motion to table item 17. Councilmember Kern
seconded that motion. Motion carried unanimously.
Councilmember Bartley left the dais.
Councilmember Cotten made a motion to approve items 26 and 27 as presented.
Mayor Pro-Tem Andres seconded that motion. Motion carried with a 6-0 vote.
Councilmember Bartley returned to the dais.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
29. Conduct a public hearing and consider and act upon a request for a Planned
Development for a House of Worship on 26.1± acres, on Prosper School Church
Addition, Block A, Lot 2, located north of West First Street and west of South
Legacy Drive. The property is zoned Agricultural. (ZONE-23-0030) (DH)
Mr. Hoover introduced this item noting current location and surrounding zonings along
with listed permitted uses, depictions of the building elevations, and maximum
percentages. The Planning and Zoning Commission unanimously recommended
approval. Staff is recommending approval.
Councilmember Bartley asked if the three trailers currently on the property would be
removed. Mr. Hoover replied that they would be removed once construction is finished.
The Town Council also discussed the east elevation of the building in relation to the
street it faces and view from the street.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Hodges made a motion to approve a request for a Planned
Development for a House of Worship on 26.1± acres, on Prosper School Church
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Addition, Block A, Lot 2, located north of West First Street and west of South Legacy
Drive. Deputy Mayor Pro-Tem Ray seconded that motion. Motion carried unanimously.
30. Conduct a public hearing to consider and act upon a request for a Specific Use
Permit (SUP) to allow Retail Stores and Shops, a Convenience Store (without
Gas Pumps), Dry Cleaning, Minor, and Gymnastics/Dance Studio uses on 3.6±
acres on Windsong Ranch Office Addition, Block A, Lot 2, located south of
Parvin Road and east of North Teel Parkway. The property is zoned Planned
Development-103 (PD-103) Windsong Ranch Office. (ZONE-23-0023) (DH)
Mr. Hoover introduced this item, noting the current location and descriptions of the two
buildings being proposed which are over 10,000 square feet in size. Mr. Hoover
indicated that there would be significant exterior screening and provided depictions of
the elevations. The Planning and Zoning Commission recommended approval. Staff
recommends approval.
The Town Council discussed the proposed uses within the SUP; allowing by right
versus using a Development Agreement and requested limiting the stucco to a smaller
percentage along with a provision for landscape maintenance and excluding non-
family friendly uses.
Abbi Luebbert, Project Manager,
Mayor opened the public hearing.
Rajat Kher, 4340 Cotton Belt Lane. Mayor Bristol read comments noting support of the
request.
Srikant Kamatala, 16320 Benbrook Blvd. Mayor Bristol read comments noting support
of the request.
Mayor closed the public hearing.
Councilmember Cotten made a motion to approve a Specific Use Permit (SUP) for
Retail Stores and Shops, Dry Cleaning, Minor, and Gymnastics/Dance Studio uses on
3.6± acres on Windsong Ranch Office Addition, Block A, Lot 2, located south of Parvin
Road and east of North Teel Parkway, subject to a Development Agreement, and with
the building size and placement as shown on the Site Plan Exhibit, and a living screen
as shown on the Landscape Plan Exhibit. Councilmember Bartley seconded that
motion. Motion carried unanimously.
31. Conduct a public hearing to consider and act upon an amendment to Chapter 3,
Section 1.4 – Conditional Development Standards of the Town of Prosper Zoning
Ordinance to modify requirements related to gas pumps. (ZONE-23-0039) (DH)
Mr. Hoover introduced this item outlining the proposed changes to the amendment.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Deputy Mayor Pro-Tem Ray made a motion to approve an amendment to Chapter 3,
Section 1.4 – Conditional Development Standards of the Town of Prosper Zoning
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Ordinance to modify requirements related to gas pumps. Councilmember Cotten
seconded that motion. Motion carried unanimously.
32. 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)
Mayor Bristol stated this item is being proposed to table indefinitely.
Councilmember Bartley made a motion to table indefinitely item 32. Councilmember
Hodges seconded that motion. Motion carried unanimously.
33. Consider and act upon approving a Professional Services Agreement between
Dunaway Associates, L.P. and the Town of Prosper, Texas, for the preparation
of a Parks, Recreation & Open Space Master Plan, and authorizing the Town
Manager to execute documents for the same. (DB)
Mr. Baker introduced this item stating that the Town’s current plan was adopted in
2015, and it is customary to update a plan every five (5) years. Staff is proposing an
update to the plan that would include a needs assessment, population and recreation
program analysis, a benchmarking study, an action plan with priority rankings, and a
final updated master plan. Staff would also conduct an online survey community wide
and use focus groups to gather information.
The Town Council discussed involvement from the Parks and Recreation Board,
receiving public input, identifying projects in timing with the budget, and accelerating
the timeline.
Ms. Battle added this would be a vital tool in preparing for the CIP as well as provide
guidance for the next fiscal year budget.
Councilmember Bartley made a motion to approve a Professional Services Agreement
between Dunaway Associates, L.P. and the Town of Prosper, Texas, for the
preparation of a Parks, Recreation & Open Space Master Plan, and authorizing the
Town Manager to execute documents for the same. Mayor Pro-Tem Andres seconded
that motion. Motion carried unanimously.
34. Consider and act upon awarding CSP No. 2024-09-B to McMahon Contracting
LP, related to construction services for the Teel Parkway (US 380 – First Street)
project; and authorizing the Town Manager to execute a construction agreement
for same. (HW)
Mr. Webb stated the Town received eight (8) bids for the project, and McMahon
Contracting was the second lowest bid received, and ranked the highest after
consideration of cost, time, and qualifications, and a project timeline of 120 days. Mr.
Webb commented that PISD agreed to participate in the funding.
The Town Council clarified the start time of the project and if any impact on traffic flow
would occur. Mr. Webb noted the project would begin at the end of the month and
should see no additional traffic impact.
Councilmember Hodges made a motion to award CSP No. 2024-09-B to McMahon
Contracting LP, related to construction services for the Teel Parkway (US 380 – First
Street) project; and authorizing the Town Manager to execute a construction
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agreement for same. Councilmember Cotten seconded that motion. Motion carried
unanimously.
35. Consider and act upon Ordinance 2024-12 repealing existing Article 13.08,
“Right-of-Way Management,” of Chapter 13 “Utilities,” of the Town’s Code of
Ordinances and replacing it with a new Article 13.08, “Right -of-Way
Management”. (HW)
Mr. Webb presented the item providing an overview of the current ordinance, why it
needs to be updated, the research done in preparation for updating, and the intended
results of the update.
The Town Council discussed the proposed ordinance language regarding working
without a permit during an emergency and the appeal process.
Councilmember Kern made a motion to approve Ordinance 2024-12 repealing existing
Article 13.08, “Right-of-Way Management,” of Chapter 13 “Utilities,” of the Town’s
Code of Ordinances and replacing it with a new Article 13.08, “Right-of-Way
Management” by further amending Section 13.08.062 to provide that a permit shall be
submitted within two (2) days of commencement of start of work and Section 13.08.023
shall be amended to require a contractor to restore property to its prior condition.
Councilmember Cotten seconded that motion. Motion carried unanimously.
36. Discussion regarding nonprofit support options. (RB)
Ms. Battle presented an overview of the Town’s current nonprofit organizations and
those who receive financial and in-kind support from the Town. Staff is requesting
feedback and direction on whether to continue or modify the Town’s current levels of
support for nonprofit organizations.
The Town Council discussed current organizations and levels of support. The
consensus of the Town Council was to retain current service levels with no changes
being made but noting that the Chamber of Commerce and Rotary were considered
non-charitable organizations.
37. Discuss and consider Town Council Subcommittee reports. (DFB)
Mayor Bristol provided a Legislative Subcommittee update.
Councilmember Bartley provided a Downtown Advisory Committee report noting they
are continuing the prioritization of projects.
Councilmember Cotten provided a Finance Subcommittee report regarding plans for
the upcoming budget and five-year planning schedule.
Deputy Mayor Pro-Tem Ray provided a Community Engagement Committee update.
Mayor Bristol announced upcoming meetings for the new Partners in Faith on January
26 and the Mayor’s Youth Advisory on January 24.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tem requested for communications to be sent to business owners and HOA’s
for the updates to the ROW Ordinance.
Page 14
Item 5.
Page 9 of 9
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 8:25 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 9:39 p.m.
Mayor Pro-Tem Andres made a motion to reappoint Cameron Reeves to the Planning and Zoning
Commission. Councilmember Cotten seconded that motion. Motion carried unanimously.
Adjourn.
The meeting was adjourned at 9:40 p.m.
These minutes were approved on the 23rd day of January 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
Page 15
Item 5.
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: December 2023 Monthly Financial Report
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider acceptance of the December 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 December 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 – December 31, 2023
2. First Quarter Financial Summary
Town Staff Recommendation:
Town staff recommends Town Council vote to accept submission of the monthly financial report for
the period December 2023 in compliance with the requirements of the Town Charter.
Proposed Motion:
I move to accept the December 2023 Monthly Financial Report in compliance with charter
requirements.
FINANCE
Page 16
Item 6.
MONTHLY FINANCIAL REPORT
as of December 31, 2023
Cash/Budgetary Basis
Prepared by
Finance Department
January 23, 2024
Page 17
Item 6.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 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 18
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year
REVENUES
Property Taxes 21,146,121$ -$ 21,146,121$ 12,010,788$ -$ 9,135,333$ 57%1 13,327,062$ -10%
Sales Taxes 11,091,492 - 11,091,492 2,814,487 - 8,277,005 25%2,464,561 14%
Franchise Fees 3,221,816 - 3,221,816 400,365 - 2,821,451 12%2 337,610 19%
Building Permits 3,700,000 - 3,700,000 1,422,999 - 2,277,001 38%1,009,621 41%
Other Licenses, Fees & Permits 2,180,050 - 2,180,050 480,585 - 1,699,465 22%320,049 50%
Charges for Services 1,296,023 - 1,296,023 239,244 - 1,056,779 18%240,507 -1%
Fines & Warrants 300,500 - 300,500 103,975 - 196,525 35%92,089 13%
Intergovernmental Revenue (Grants)37,840 - 37,840 - - 37,840 0%120,344 -100%
Interest Income 750,000 - 750,000 175,732 - 574,268 23%100,658 75%
Miscellaneous 63,751 - 63,751 44,119 - 19,632 69%30,276 46%
Park Fees 814,100 - 814,100 90,166 - 723,934 11%124,170 -27%
Transfers In 1,297,102 6,084 1,303,186 334,926 - 968,260 26%308,834 8%
Total Revenues 45,898,795$ 6,084$ 45,904,879$ 18,117,384$ -$ 27,787,495$ 39%18,475,780$ -2%
EXPENDITURES
Administration 9,991,267$ 252,435$ 10,243,702$ 2,455,080$ 1,092,402$ 6,696,220$ 35%1,860,490$ 32%
Police 9,595,898 416,623 10,012,521 1,860,427 691,864 7,460,230 25%1,504,855 24%
Fire/EMS 10,562,840 (2,028) 10,560,812 2,440,307 549,389 7,571,116 28%2,258,737 8%
Public Works 4,567,242 90,681 4,657,923 544,183 513,220 3,600,520 23%859,600 -37%
Community Services 7,486,803 57,155 7,543,958 1,553,077 467,733 5,523,147 27%1,305,468 19%
Development Services 4,139,855 (559) 4,139,296 730,889 81,030 3,327,377 20%702,641 4%
Engineering 2,684,047 15,613 2,699,660 562,554 61,220 2,075,886 23%466,642 21%
Transfers Out - - - - - - 0%1,945,121 -100%
Total Expenses 49,027,952$ 829,920$ 49,857,872$ 10,146,516$ 3,456,859$ 36,254,497$ 27%10,903,554$ -7%
REVENUE OVER (UNDER) EXPENDITURES (3,129,157)$ (823,836)$ (3,952,993)$ 7,970,868$ 7,572,227$
Beginning Fund Balance October 1 15,011,987 15,011,987
Ending Fund Balance 11,058,994$ 22,982,855$
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
December 31, 2023
Expected Year to Date Percent 25%
GENERAL FUND
3 Page 19
Item 6.
$12,010,788
2,814,487
400,365
1,422,999
$13,327,062
2,464,561
337,610
1,009,621
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
Property Taxes Sales Taxes Franchise Fees Building Permits
GENERAL FUND REVENUE
Current YTD to Prior Year YTD Actual Comparison
Current Year
Prior Year
4 Page 20
Item 6.
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
5 Page 21
Item 6.
57%
25%
12%
38%
22%
18%
0%
Property Taxes
Sales Taxes
Franchise Fees
Building Permits
Other Licenses, Fees & Permits
Charges for Services
Intergovernmental Revenue (Grants)
0%10%20%30%40%50%60%
GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET
6 Page 22
Item 6.
$49.858
$12.464
$10.147
$45.905
$11.476
$18.117
$- $10 $20 $30 $40 $50 $60
Total
Budget
YTD
Budget
YTD
Actual
In Millions
General Fund Revenues and Expenditures
Revenues Expenditures
7 Page 23
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 3,060,806$ -$ 3,060,806$ 743,927$ -$ 2,316,879$ 24%652,332$ 14%
Interest Income 1,200 - 1,200 - - 1,200 0%306 -100%
Other - - - - - - 0%- 0%
Total Revenue 3,062,006$ -$ 3,062,006$ 743,927$ -$ 2,318,079$ 24%652,638$ 14%
EXPENDITURES
Personnel 3,167,364$ -$ 3,167,364$ 847,237$ -$ 2,320,127$ 27%701,389$ 21%
Other 1,200 - 1,200 - - 1,200 0%(10,109) -100%
Total Expenditures 3,168,564$ -$ 3,168,564$ 847,237$ -$ 2,321,327$ 27%691,280$ 23%
REVENUE OVER (UNDER) EXPENDITURES (106,558)$ -$ (106,558)$ (103,310)$ (38,642)$
Beginning Fund Balance October 1 210,707 210,707 302,439
Ending Fund Balance Current Month 104,149$ 107,397$ 263,797$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT
8 Page 24
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 3,060,806$ -$ 3,060,806$ 748,254$ -$ 2,312,552$ 24%651,572$ 15%
Interest Income 600 - 600 1,432 - (832) 239%494 190%
Other - - - - - - 0%- 0%
Total Revenue 3,061,406$ -$ 3,061,406$ 749,686$ -$ 2,311,720$ 24%652,065$ 15%
EXPENDITURES
Personnel 3,026,823$ -$ 3,026,823$ 690,074$ -$ 2,336,749$ 23%616,870$ 12%
Other 2,400 - 2,400 - - 2,400 0%(10,109) -100%
Total Expenditures 3,029,223$ -$ 3,029,223$ 690,074$ -$ 2,339,149$ 23%606,761$ 14%
REVENUE OVER (UNDER) EXPENDITURES 32,183$ -$ 32,183$ 59,612$ 45,304$
Beginning Fund Balance October 1 495,556 495,556 203,982
Ending Fund Balance Current Month 527,739$ 555,168$ 249,286$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT
9 Page 25
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Amendment 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 - 750,000 132,634 617,366 18%34,547 284%
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 - 1,372,209 220,659 1,151,550 16%226,996 -3%
Sales Taxes - EDC 1,149,225 - 1,149,225 184,802 964,423 16%190,109 -3%
Interest Income 6,000 - 6,000 12,737 (6,737) 212%6,804 87%
Transfer In - - - - - 0%- 0%
Total Revenue 4,622,209$ -$ 4,622,209$ 550,833$ 4,071,376$ 12%458,457$ 20%
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 -$ 550,833$ 458,457$
Beginning Fund Balance October 1 989,032 989,032 301,260
Ending Fund Balance Current Month 989,032$ 1,539,865$ 759,717$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
TIRZ #1 - BLUE STAR
10 Page 26
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
60-4 Park Dedication-Fees 300,000$ -$ 300,000$ -$ -$ 300,000$ 0%-$ 0%
60-4 Park Improvements 220,000 - 220,000 - - 220,000 0%- 0%
Contributions/Grants - - - - - - 0%- 0%
60-4 Interest-Park Dedication 2,000 - 2,000 5,374 - (3,374) 269%4,617 16%
60-4 Interest-Park Improvements 4,050 - 4,050 9,458 - (5,408) 234%5,954 59%
Park Dedication - Transfers In - - - - - - - 0%- 0%
Total Revenue 526,050$ -$ 526,050$ 14,832$ -$ 511,218$ 3%10,572$ 40%
EXPENDITURES
Pecan Grove Park 5,200 5,200 5,200 - - 100%- 0%
Capital Project 800,000 - 800,000 - - 800,000 0%- 0%
Land Acquisition 913,800 (913,800) - - - - 0%- 0%
Transfers Out - 913,800 913,800 1,313,800 - (400,000) 144%- 0%
Total Expenses 1,713,800$ 5,200$ 1,719,000$ 1,319,000$ -$ 400,000$ 77%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES (1,187,750)$ (5,200)$ (1,192,950)$ (1,304,168)$ 10,572$
Beginning Fund Balance October 1 2,316,978 2,316,978
Ending Fund Balance Current Month 1,124,028$ 1,012,810$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
PARK DEDICATION AND IMPROVEMENT FUNDS
11 Page 27
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Amendment 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 - 1,200 313 887 26%123 154%
Total Revenue 49,178$ -$ 49,178$ 313$ 48,865$ 1%123$ 154%
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 -$ 313$ 123$
Beginning Fund Balance October 1 25,501 25,501 25,189
Ending Fund Balance Current Month 25,501$ 25,814$ 25,312$
TIRZ #2
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
12 Page 28
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes-Delinquent 75,000$ -$ 75,000$ (5,496)$ -$ 80,496$ -7%35,978$ -115%
Property Taxes-Current 15,069,531 - 15,069,531 9,223,888 - 5,845,643 61%1 7,231,901 28%
Taxes-Penalties 40,000 - 40,000 2,795 - 37,205 7%4,669 -40%
Interest Income 20,000 - 20,000 48,412 - (28,412) 242%14,978 223%
Transfer In - - - - - - 0%- 0%
Total Revenues 15,204,531$ -$ 15,204,531$ 9,269,598$ -$ 5,934,933$ 61%7,287,526$ 27%
EXPENDITURES
Professional Services -$ -$ -$ -$ -$ -$ 0%-$ 0%
Bond Administrative Fees 20,000 - 20,000 1,000 - 19,000 5%500 100%
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$ 1,000$ -$ 14,951,436$ 0%500$ 100%
REVENUE OVER (UNDER) EXPENDITURES 252,095$ -$ 252,095$ 9,268,598$ 7,287,026$
Beginning Fund Balance October 1 1,330,265 1,330,265 2,619,367
Ending Fund Balance Current Month 1,582,360$ 10,598,863$ 9,906,393$
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
December 31, 2023
Expected Year to Date Percent 25%
DEBT SERVICE FUND
13 Page 29
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
Police Donation Revenue 15,500$ -$ 15,500$ 4,204$ -$ 11,296$ 27%3,926$ 7%
Fire Donation Revenue 15,500 - 15,500 3,980 - 11,520 26%3,857 3%
Child Safety Revenue 28,000 - 28,000 - - 28,000 0%- 0%
Court Security Revenue 8,000 - 8,000 3,307 - 4,693 41%2,878 15%
Court Technology Revenue 7,500 - 7,500 2,732 - 4,768 36%2,396 14%
Municipal Jury revenue 150 - 150 66 - 84 44%57 16%
Interest Income 2,425 - 2,425 24,159 - (21,734) 996%3,590 573%
Interest Income CARES/ARPA Funds 180,000 - 180,000 77,269 - 102,731 43%29,961 158%
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 6,362,442$ -$ 6,362,442$ 115,717$ -$ 6,246,725$ 2%290,702$ -60%
EXPENDITURES
LEOSE Expenditure 6,500$ -$ 6,500$ 3,955$ -$ 2,545$ 61%3,300$ 20%
Court Technology Expense 13,950 - 13,950 - - 13,950 0%- 0%
Court Security Expense 16,860 - 16,860 - - 16,860 0%50 -100%
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%2,253 -100%
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)- - - 200,000 - (200,000) 0%- 0%
Transfer Out (Escrow Funds)- - - - - -0%- 0%
Total Expenses 6,439,038$ -$ 6,439,038$ 203,955$ -$ 6,222,088$ 3%5,603$ 3540%
REVENUE OVER (UNDER) EXPENDITURES (76,596)$ -$ (76,596)$ (88,238)$ 285,100$
Beginning Fund Balance October 1 2,353,529 2,353,529 567,535
Ending Fund Balance Current Month 2,276,933$ 2,265,291$ 852,635$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
SPECIAL REVENUE FUNDS
14 Page 30
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 257,254$
East Thoroughfare Other Revenue - - - -
Interest-East Thoroughfare Impact Fees 100,000 - 100,000 32,642
Total Revenues 1,300,000$ -$ 1,300,000$ 289,896$
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 50,000 367,540 417,540 438 361,102 56,000 925,776 2,585
Impact Fee Study 50,000 - 41,354 41,354 149 44,018 (2,813) 8,646 (2,813)
Total Projects 1,339,900$ 50,000$ 408,893$ 458,893$ 587$ 405,120$ 53,187$ 934,422$ (228)$
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$ 408,893$ 883,893$ 77,660$ 405,120$ 401,113$ 934,422$ 2,167,698$
REVENUE OVER (UNDER) EXPENDITURES 416,107$ 212,236$
Beginning Fund Balance October 1 2,551,734 2,551,734
Ending Fund Balance Current Month 2,967,841$ 2,763,970$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
EAST THOROUGHFARE IMPACT FEES FUND
15 Page 31
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
West Thoroughfare Impact Fees 4,000,000 - 4,000,000 1,053,164
West Thoroughfare Other Revenue - - - -
Interest-West Thoroughfare Impact Fees 150,000 - 150,000 71,778
Total Revenues 4,150,000$ -$ 4,150,000$ 1,124,942$
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
Impact Fee Study 41,354 - 41,354 41,354 149 44,018 (2,813) (2,813)
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 691,354$ 650,000$ 41,354$ 691,354$ 149$ 44,018$ 647,187$ -$ 647,187$
Transfer to Capital Project Fund - - - - - - -
Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$
Total Expenditures 3,316,514$ 3,275,160$ 41,354$ 3,316,514$ 149$ 44,018$ 3,272,347$ -$ 3,272,347$
REVENUE OVER (UNDER) EXPENDITURES 833,486$ 1,124,793$
Beginning Fund Balance October 1 4,678,905 4,678,905
Ending Fund Balance Current Month 5,512,391$ 5,803,698$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
WEST THOROUGHFARE IMPACT FEES FUND
16 Page 32
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Water 3,250,000$ -$ 3,250,000$ 761,972$
Interest Income 200,000 - 200,000 96,590
Total Revenues 3,450,000$ -$ 3,450,000$ 858,562$
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$ 58,393$ 82,643$ 2,019$ 33,103$ 47,522$ 133,107$ 90,165$
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 58,239 158,239 9,193 54,673 94,373 41,761 52,612
Total Projects 4,900,000$ 3,224,250$ (2,983,367)$ 240,883$ 11,212$ 87,775$ 141,895$ 174,962$ 1,642,683$
Transfer to CIP Fund - - 3,100,000 3,100,000 - - 3,100,000 - 3,100,000$
Total Transfers Out -$ -$ 3,100,000$ 3,100,000$ -$ -$ 3,100,000$ -$ 3,100,000$
Total Expenditures 7,080,644$ 5,404,894$ 116,633$ 5,521,527$ 11,212$ 87,775$ 5,422,539$ 174,962$ 6,923,327$
REVENUE OVER (UNDER) EXPENDITURES (2,071,527)$ 847,350$
Beginning Fund Balance October 1 7,133,053 7,133,053
Ending Fund Balance Current Month 5,061,527$ 7,980,403$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
WATER IMPACT FEES FUND
17 Page 33
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 384,473$
Interest Income 100,000 - 100,000 41,135
Upper Trinity Equity Fee 300,000 - 300,000 60,500
Total Revenues 2,400,000$ -$ 2,400,000$ 486,108$
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$ 685,806$ 897,806$ 38$ 573,007$ 324,761$ 275,380$ 126,575$
Impact Fee Study 100,000 - 58,239 58,239 9,193 64,993 (15,947) 41,761 (15,947)
Total Projects 1,075,000$ 212,000$ 744,045$ 956,045$ 9,231$ 638,000$ 308,814$ 317,141$ 110,629$
Transfer to CIP Fund - - - - - - - -
Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$
Total Expenditures 2,605,091$ 1,742,091$ 744,045$ 2,486,136$ 9,231$ 638,000$ 1,838,905$ 317,141$ 1,640,720$
REVENUE OVER (UNDER) EXPENDITURES (86,136)$ 476,877$
Beginning Fund Balance October 1 2,643,495 2,643,495
Ending Fund Balance Current Month 2,557,359$ 3,120,372$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
WASTEWATER IMPACT FEES FUND
18 Page 34
Item 6.
WATER WASTEWATER EAST
THOROUGHFARE
WEST
THOROUGHFARE
ANNUAL BUDGET $3,250,000 $2,000,000 $1,200,000 4,000,000
YTD ACTUAL $761,972 $384,473 $257,254 $1,053,164
% OF BUDGET 23%19%21%26%
23%19%21%
26%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
IMPACT FEE REVENUE
YTD Actual to Annual Budget
19 Page 35
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0%
Other Reimbursements 150,000 - 150,000 - - 150,000 0%- 0%
Interest Income 250,000 - 250,000 64,751 - 185,249 26%21,286 204%
Charges for Services 1,478,966 - 1,478,966 369,741 - 1,109,225 25%346,314 7%
Total Revenue 1,878,966$ -$ 1,878,966$ 434,492$ -$ 1,444,474$ 23%367,600$ 18%
EXPENDITURES
Vehicle Replacement 772,500$ 248,374$ 1,020,874$ -$ 330,747$ 690,127$ 32%51,045$ -100%
Equipment Replacement 203,870 241,152 445,022 40,870 412,674 (8,522) 102%9,461 332%
Technology Replacement 145,200 - 145,200 - 42,028 103,172 29%- 0%
Total Expenditures 1,121,570$ 489,525$ 1,611,095$ 40,870$ 785,449$ 784,776$ 51%60,506$ -32%
REVENUE OVER (UNDER) EXPENDITURES 757,396$ (489,525)$ 267,871$ 393,622$ 307,094$
Beginning Fund Balance October 1 5,334,214 5,334,214 3,957,862
Ending Fund Balance Current Month 5,602,085$ 5,727,837$ 4,264,956$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
VEHICLE AND EQUIPMENT REPLACEMENT FUND
20 Page 36
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Health Charges 4,871,808$ -$ 4,871,808$ 970,887$ -$ 3,900,921$ 20%747,839$ 30%
Miscellaneous 250,000 - 250,000 3,020 - 246,980 1%- 0%
Interest Income 5,000 - 5,000 6,460 - (1,460) 129%3,868 67%
Total Revenue 5,126,808$ -$ 5,126,808$ 980,368$ -$ 4,146,440$ 19%751,707$ 30%
EXPENDITURES
Contractual Services 149,500$ -$ 149,500$ 20,738$ -$ 128,762$ 14%65,362$ -68%
Employee Health Insurance 4,969,439 - 4,969,439 1,138,918 - 3,830,521 23%727,667 57%
Total Expenditures 5,118,939$ -$ 5,118,939$ 1,159,656$ -$ 3,959,283$ 23%793,029$ 46%
REVENUE OVER (UNDER) EXPENDITURES 7,869$ -$ 7,869$ (179,288)$ (41,323)$
Beginning Fund Balance October 1 389,018 389,018 552,615
Ending Fund Balance Current Month 396,887$ 209,730$ 511,292$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
HEALTH INSURANCE FUND
21 Page 37
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Water Charges for Services 23,114,755$ -$ 23,114,755$ 5,017,489$ -$ 18,097,266$ 22%4,690,442$ 7%
Sewer Charges for Services 11,892,552 - 11,892,552 2,704,101 - 9,188,451 23%2,551,687 6%
Licenses, Fees & Permits 377,705 - 377,705 123,454 - 254,251 33%104,105 19%
Utility Billing Penalties 186,900 - 186,900 79,942 - 106,958 43%58,340 37%
Interest Income 350,000 - 350,000 157,993 - 192,007 45%63,558 149%
Other 3,494,342 - 3,494,342 181,796 - 3,312,546 5%167,033 9%
Transfer In - - - - - -0 - 0%
Total Revenues 39,416,254$ -$ 39,416,254$ 8,264,774$ -$ 31,151,480$ 21%7,635,165$ 8%
EXPENDITURES
Administration 1,138,944$ -$ 1,138,944$ 349,833$ 10,114$ 778,997$ 32%451,467$ -23%
Debt Service 4,609,584 - 4,609,584 - - 4,609,584 0%1 - 0%
Water Purchases 12,704,415 - 12,704,415 1,923,241 - 10,781,174 15%2,653,452 -28%
Sewer Management Fee 4,560,895 - 4,560,895 1,208,487 - 3,352,408 26%1,146,544 5%
Franchise Fee 689,851 - 689,851 172,463 - 517,388 25%132,382 30%
Public Works 8,226,657 13,800 8,240,457 1,557,876 1,039,425 5,643,156 32%1,223,986 27%
Transfer Out 9,255,356 4,056 9,259,412 295,927 - 8,963,485 3%291,697 1%
Total Expenses 41,185,702$ 17,856$ 41,203,558$ 5,507,826$ 1,049,539$ 30,776,396$ 16%5,899,528$ -7%
REVENUE OVER (UNDER) EXPENDITURES (1,769,448)$ (17,856)$ (1,787,304)$ 2,756,948$ 1,735,637$
Beginning Working Capital October 1 17,832,990 17,832,990 12,669,408
Ending Working Capital 16,045,686$ 20,589,938$ 14,405,045$
Notes
1 Annual debt service payments are made in February and August.
2 Minimum Ending Working Capital balance for FY23 = $8,278,513 (25%).
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
WATER-SEWER FUND
22 Page 38
Item 6.
Dec-23 Dec-22 Growth %
WATER SEWER WATER SEWER Change Four Year Cumulative
# of Accts Residential 12,888 12,186 11,976 11,250 7.96%FY2024 FY2023 Average Average
# of Accts Commercial 459 414 425 381 8.31%October 19,061 20,110 17,424 17,424
Consumption-Residential 103,355,010 79,763,206 75,215,770 77,323,433 20.05%November 10,540 11,190 11,104 28,528
Consumption-Commercial 19,370,330 14,006,350 16,199,270 11,416,940 20.86%December 8,003 6,273 7,256 35,784
Consumption-Commercial Irrigation 15,381,330 9,127,540 68.52%January 8,049 6,727 42,511
Avg Total Res Water Consumption 8,003 6,273 27.58%February 5,914 6,381 48,891
Billed ($) Residential 749,936$ 735,318$ 582,373$ 696,536$ 16.13%March 5,839 6,436 55,327
Billed ($) Commercial 191,116$ 129,811$ 162,163$ 107,856$ 18.85%April 10,053 9,333 64,660
Billed ($) Commercial Irrigation 136,768$ 81,426$ 67.97%May 14,092 12,345 77,005
Total Billed ($)1,077,820$ 865,129$ 825,961$ 804,392$ 19.17%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)37,604 162,724 150,681
Avg. Temp (°F)# Rain Days
Month FY2024 FY2023 Average Cumulative
October 68°8 11.30 5.65 8.48 8.48
November 58°2 0.57 5.82 3.20 11.67
December 53°5 4.09 3.43 3.76 15.43
January 1.29 1.29 16.72
February 4.51 4.51 21.23
March 2.69 2.69 23.92
April 1.20 1.20 25.12
May 3.62 3.62 28.74
June 2.35 2.35 31.09
July 0.47 0.47 31.56
August 0.07 0.07 31.63
September 1.18 1.18 32.81
Annual 15.00 15.96 32.28 32.81
Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2023-10
Rainfall
FY24
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
WATER-SEWER FUND
Average Total Residential Water Consumption by Month
23 Page 39
Item 6.
22%
23%
33%
43%
5%
Water Charges for Services
Sewer Charges for Services
Licenses, Fees & Permits
Utility Billing Penalties
Other
0%10%20%30%40%50%
WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET
24 Page 40
Item 6.
$5,017,489
1,923,241
$4,690,442
2,653,452
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Water Charges for Services Water Purchases
WATER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year
Prior Year
25 Page 41
Item 6.
2,704,101
1,208,487
2,551,687
1,146,544
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
Sewer Charges for Services Sewer Management Fee
SEWER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year Prior Year
26 Page 42
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
45-4Storm Drainage Utility Fee 825,000$ -$ 825,000$ 228,298$ -$ 596,702$ 28%210,181$ 9%
Drainage Review Fee - - - - - - 0%- 0%
45-4Interest Income 1,800 - 1,800 2,666 - (866) 148%(588) -553%
Other Revenue 3,000 - 3,000 - - 3,000 0%- 0%
Transfer In - - - - - - 0%- 0%
Total Revenue 829,800$ -$ 829,800$ 230,964$ -$ 598,836$ 28%209,592$ 10%
EXPENDITURES
Personnel Services 329,605$ -$ 329,605$ 51,994$ -$ 277,611$ 16%40,225$ 29%
Debt Service 219,463 - 219,463 - - 219,463 0%2 - 0%
45-7Operating Expenditures 153,221 (2,028) 151,193 6,061 2,906 142,226 6%12,058 -50%
Capital Expenditures 225,000 - 225,000 - - 225,000 0%16,863 -100%
Transfers Out 107,996 2,028 110,024 28,349 - 81,675 26%1 26,999 5%
Total Expenses 1,035,285$ -$ 1,035,285$ 86,404$ 2,906$ 945,975$ 9%96,145$ -10%
REVENUE OVER (UNDER) EXPENDITURES (205,485)$ -$ (205,485)$ 144,560$ 113,448$
Beginning Working Capital October 1 380,410 380,410 632,579
Ending Working Capital Current Month 174,925$ 524,970$ 746,027$
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
December 31, 2023
Expected Year to Date Percent 25%
STORM DRAINAGE UTILITY FUND
27 Page 43
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sanitation Charges for Services 2,979,722$ -$ 2,979,722$ 681,473$ -$ 2,298,249$ 23%553,948$ 23%
Interest Income - - - 2,084 - (2,084) 0%401 420%
Transfer In 2,050,000 - 2,050,000 - - 2,050,000 0%- 0%
Total Revenues 5,029,722$ -$ 5,029,722$ 683,556$ -$ 4,346,166$ 14%554,348$ 23%
EXPENDITURES
Administration 2,325,554$ (1,955,000)$ 370,554$ 8,573$ 2,383$ 359,597$ 3%-$ 0%
Sanitation Collection 2,668,887 - 2,668,887 226,499 - 2,442,388 8%365,667 -38%
Capital Expenditure - 1,955,000 1,955,000 - 1,950,480 4,520 100%- 0%
Debt Service - - - - - - 0%- 0%
Transfer Out - - - - - - 0%- 0%
Total Expenses 4,994,441$ -$ 4,994,441$ 235,073$ 1,952,863$ 2,806,505$ 44%365,667$ -36%
REVENUE OVER (UNDER) EXPENDITURES 35,281$ -$ 35,281$ 448,484$ 188,682$
Beginning Working Capital October 1 6,018 6,018
Ending Working Capital 41,299$ 454,502$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
Expected Year to Date Percent 25%
SOLID WASTE FUND
28 Page 44
Item 6.
$681,473
226,499
$553,948
365,667
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Sanitation Charges for Services Sanitation Collection
SOLID WASTE REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year Prior Year
29 Page 45
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Grants 1,877,105$ -$ 1,877,105$ -$
Property Taxes-Delinquent 0 - - (351)
Property Taxes-Current 8,502,003 - 8,502,003 5,307,724
Taxes-Penalties 0 - - 2,022
Contributions/Interlocal Revenue - - - 1,685,240
Bond Proceeds - - - -
Interest Income - - - 1,071,529
Other Revenue - - - -
Transfers In - General Fund - - - -
Transfers In - Impact Fee Funds - - - -
Transfers In - Escrows - - - -
Transfers In - Parks - - - 1,513,800
*Transfers In/Out - Bond Funds - - - -
Total Revenues 10,379,108$ -$ 10,379,108$ 9,579,963$
EXPENDITURES
West Prosper Roads 14,168,828$ - - - - - - 14,017,321 151,508
Fishtrap (seg 2) PISD Reimbursement 1,063,033 - 122,402 122,402 - - 122,402 940,631 122,402
DNT Main Lane (US 380 - FM 428)2,557,062 - 2,557,062 2,557,062 - - 2,557,062 - 2,557,062
Coit Rd (First-Frontier) 4 Lns 6,500,000 - 6,492,569 6,492,569 6,209 - 6,486,360 801 6,492,990
First St (DNT to Coleman)24,786,567 - 22,644,181 22,644,181 28,546 281,216 22,334,419 2,142,264 22,334,542
First Street (Elem-DNT) 4 Lanes 30,879,730 - 24,186,414 24,186,414 1,349,986 21,339,920 1,496,508 7,418,615 771,209
Preston Road / First Street Dual Left Turns (Design & Co 900,000 - 900,000 900,000 55,048 37,952 807,000 - 807,000
First St (Coit-Custer) 4 Lanes 27,269,101 - 8,805,215 8,805,215 2,972,143 4,340,547 1,492,525 18,463,886 1,492,525
Preston/Prosper Trail Turn Lane 900,000 - 749,462 749,462 214 344,656 404,592 150,538 404,592
Craig Street (Preston-Fifth)450,000 - 123,480 123,480 9,630 16,450 97,400 313,073 110,848
First Street (Teel - Gee Road)6,025,444 - 1,235,465 1,235,465 98,640 1,136,825 - 4,789,978 -
Gee Road (First Street - Windsong)5,414,933 - 2,398,122 2,398,122 4,657 2,361,914 31,551 3,016,368 31,995
Coleman (Gorgeous - Prosper Trail)1,500,000 - 973,255 973,255 54,315 280,380 638,561 554,557 610,749
Coleman (Prosper Trail - PHS)720,000 - 720,000 720,000 - - 720,000 - 720,000
Legacy (Prairie - First Street)11,425,000 - 10,706,174 10,706,174 3,833 56,424 10,645,917 698,272 10,666,472
Coit/US 380 SB Turn Lanes 300,000 - 276,014 276,014 157 270,595 5,262 23,986 5,262
Parvin (FM 1385 - Legacy)500,000 - - - - - - 500,000 -
US 380 Deceleration Lanes - Denton County 500,000 - 500,000 500,000 - - 500,000 - 500,000
Safety Way 800,000 - 800,000 800,000 - - 800,000 - 800,000
Gorgeous/McKinley 700,000 - 700,000 700,000 - - 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 - 2,038,300 2,038,300 - 1,493,300 545,000 106,028 600,672
Frontier (Legacy-DNT)300,000 - - - - - - 300,000 -
First Street (Coleman)500,000 - 499,791 499,791 59,092 437,457 3,242 209 3,242
Star Trail, Phase 5: Street Repairs 1,450,000 - 1,450,000 1,450,000 - - 1,450,000 - 1,450,000
Prosper Trail (Coit - Custer) - 2 WB lanes 400,000 - 400,000 400,000 - - 400,000 - 400,000
Windsong Pkwy/380 Dual L Turns 22,800 - 22,800 22,800 3,500 19,300 - - -
Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)5,850,000 - 5,637,136 5,637,136 11,616 16,855 5,608,665 194,933 5,626,596
Traffic Improvement Projects 1,000,000 - 977,200 977,200 - - 977,200 194,933 805,067
US380 Median Lighting 485,000 - 19,088 19,088 - - 19,088 465,912 19,088
Fifth Street Quiet Zone 500,000 - 500,000 500,000 - - 500,000 - 500,000
Traffic Signal - Fishtrap & Artesia Boulevard 65,000 - 65,000 65,000 - 60,250 4,750 - 4,750
Traffic Signal - DNT/Frontier 265,000 - 265,000 265,000 3,225 79,775 182,000 - 182,000
Traffic Signal - Teel Pkway & Prairie Drive 65,000 - 65,000 65,000 - 40,750 24,250 - 24,250
Signl Sdy/Beacon Aca 128,300 - 128,300 128,300 - 128,300 - - -
Crswalk Sign Markings Flashers 400,000 - 271,700 271,700 - - 271,700 - 400,000
Capital Expenditures 4,176,553 - 4,176,553 - - 4,176,553 -
Total Street Projects 151,070,799$ 4,176,553$ 97,229,130$ 101,405,683$ 4,660,811$ 32,742,865$ 64,002,007$ 54,295,179$ 59,371,943$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
CAPITAL PROJECTS FUND - GENERAL
30 Page 46
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 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 4,982,255 115,089 131,477 4,735,688 - 4,735,688
Pecan Grove Ph II 70,457 - 504 504 - - 504 68,958 1,499
Westside Waterline T 800,000 - 800,000 800,000 - - 800,000 68,958 731,042
Gee Road Trail Connection 700,000 - 700,000 700,000 - - 700,000 - 700,000
Downtown Pond Improvements 120,000 - 108,240 108,240 - - 108,240 11,760 108,240
Raymond Community Park 19,800,000 - 18,994,158 18,994,158 198,156 8,892,685 9,903,316 808,342 9,900,816
Coleman Median Landscape (Victory-Preston)650,000 - - - - - - 454,811 195,189
Prosper Trail Median Landscape 275,000 - - - - - - 150,723 124,277
Green Ribbon Lovers 2,295,000 - 2,295,000 2,295,000 - - 2,295,000 150,723 2,144,277
Windsong Parkland Dedication 1,913,800 - 1,913,800 1,913,800 1,913,800 - - - -
Froniter Park Pond Repairs 473,000 - 473,000 473,000 - - 473,000 - 473,000
Various Hike and Bike Trails 580,680 - 580,680 580,680 - - 580,680 - 580,680
Prosper Trail Screening (Preston - Deer Run)750,000 - 750,000 750,000 - - 750,000 - 750,000
Total Park Projects 35,695,841$ -$ 31,597,636$ 31,597,636$ 2,227,045$ 9,024,163$ 20,346,428$ 3,214,120$ 21,230,514$
PD Car Camera and Body worn Camera System 387,225 -$ 370,325$ 370,325$ -$ -$ 370,325$ 16,900 370,325
Station #3 Quint Engine 1,495,000 - 25,120 25,120 - 19,498 5,621 1,469,880 5,621
Station #3 Ambulance 495,000 - 40,109 40,109 - 2,277 37,832 454,891 37,832
Parks & Public Works, Phase 1 1,200,000$ - 1,200,000 1,200,000 - - 1,200,000 - 1,200,000
Awnings for Storage 19,800 - 300 300 - 300 - 11,100 8,400
Public Safety Complex, Phase 2-Design 1,591,160 - 28,337 28,337 - 28,337 - 1,562,823 -
Public Safety Complex, Phase 2-Dev Costs 647,325 - 227,923 227,923 - 2,175 225,748 123,716 521,434
Public Safety Complex, Phase 2-Construction 14,500,000 - - - - - - 14,499,866 134
Public Safety Complex, Phase 2-FFE 1,274,385 - 174,439 174,439 (491) - 174,930 1,099,946 174,930
Fire Station #4 - Design 623,555 - 201,220 201,220 - 201,220 - 472,987 (50,652)
Fire Station #4 - Engine 1,250,000 - 27,213 27,213 - 19,498 7,714 1,222,787 7,714
Fire Station #4 - Ambulance 552,000 - 427,568 427,568 1,863 378,640 47,065 124,407 47,090
Fire Station #4 - Other Costs 8,250 - - - - - - 8,250 -
Fire Station #4 Construction 10,168,195 - 10,168,195 10,168,195 - - 10,168,195 - 10,168,195
Parks and Public Works Parking Lot 1,000,000 - 1,000,000 1,000,000 - - 1,000,000 - 1,000,000
Interim Community Center 2,250,000 - 2,250,000 2,250,000 - - 2,250,000 - 2,250,000
Finish Out Interior Spaces Town Hall First and Second Floor 650,000 - 650,000 650,000 - - 650,000 - 650,000
Emergency Warning Sirens 296,887 - 296,887 296,887 - 296,887 (0) - -
Total Facility Projects 38,408,782$ -$ 17,087,635$ 17,087,635$ 1,371$ 948,834$ 16,137,430$ 21,067,553$ 16,391,023$
Transfer Out - - - - - - - - -
Total Expenditures 225,175,422$ 4,176,553$ 145,914,401$ 150,090,954$ 6,889,228$ 42,715,862$ 100,485,864$ 78,576,852$ 96,993,480$
REVENUE OVER (UNDER) EXPENDITURES (139,711,846)$ 2,690,735$
Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702
Ending Fund Balance (Restricted for Capital Projects) Current Month (62,102,144)$ 80,300,437$
*Transfers In/Out - Bonds--Bond and CIP funds are both in the Capital Projects Fund so transfers between these funds are netted together and eliminated.
31 Page 47
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget
Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Interest Income -$ -$ -$ 459,011$
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$ 459,011$
EXPENDITURES
Lower Pressure Plane Pump Station Design 17,993,706$ -$ 7,329,745 7,329,745 980,212 6,349,533 - 10,661,282$ 2,678$
LPP Water Line Phase, 2A 11,452,762 - 12,937,299 12,937,299 411,018 - 12,526,281 - 11,041,744
Broadway (Parvin-Craig)150,000 - 150,000 150,000 - - 150,000 - 150,000
Fishtrap (Elem-DNT) (Legacy Water Line)15,000 - -- - - - 15,000 -
Doe Branch Parallel Interceptor 5,000,000 - 7,400,000 7,400,000 - - 7,400,000 - 5,000,000
Doe Branch, Phase 3 WWTP 55,000,000 6,348,980 55,000,000 61,348,980 - - 61,348,980 - 55,000,000
Wilson Creek WW Line 400,000 - 400,000 400,000 - - 400,000 - 400,000
Parks & Public Works, Phase 1 600,000 - 600,000 600,000 - - 600,000 - 600,000
DNT (Prosper Trail - Frontier Parkway) 12-inch WL 4,500,000 - 4,500,000 4,500,000 305 - 4,499,695 - 4,499,695
Upper Doe Branch WW Line (Teel-PISD Stadium)4,050,000 - 4,050,000 4,050,000 - - 4,050,000 - 4,050,000
DNT Water Line Relocation (US 380 - First St)2,146,650 - 2,127,151 2,127,151 63,686 71,965 1,991,500 837 2,010,163
Master Plan Projects 1,539,007 - 1,539,007 1,539,007 - - 1,539,007 837 1,538,170
Water Line Relocation Frontier 3,400,000 - 3,137,000 3,137,000 4,117 137,172 2,995,711 239,561 3,019,150
Total Water & Wastewater Projects 106,247,125$ 6,348,980$ 99,170,202$ 105,519,182$ 1,459,338$ 6,558,670$ 97,501,174$ 10,917,516$ 87,311,601$
Old Town Regional Pond #2 48,386 - 17,177 17,177 - 17,114 63 31,210 63
Total Drainage Projects 48,386$ -$ 17,177$ 17,177$ -$ 17,114$ 63$ 31,210$ 63$
Transfer out - - - - - - - -
Total Expenses 106,295,511$ 6,348,980$ 99,187,379$ 105,536,359$ 1,459,338$ 6,575,784$ 97,501,237$ 10,948,725$ 87,311,664$
REVENUE OVER (UNDER) EXPENDITURES (99,187,379)$ (1,000,327)$
Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835
Ending Fund Balance (Restricted for Capital Projects) Current Month (58,585,544)$ 39,601,508$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2023
CAPITAL PROJECTS FUND-WATER/SEWER
32 Page 48
Item 6.
TOWN OF PROSPER
REPORT TO TOWN COUNCIL
FY 2024 RESULTS OF FIRST QUARTER ENDING DECEMBER 31, 2023
In compliance with the Town Charter, Town Management presents to the Council the following
summary of the first quarter financial results. These results are presented on a cash/budgetary
basis in which certain accruals including property taxes, sales tax, payroll, accounts payable etc.
are recorded on a cash basis month by month to facilitate more �mely financial repor�ng and
then at year end are recorded for the purposes of repor�ng in the audited financial statements
to reduce the difference between budget basis and GAAP (Generally Accepted Accoun�ng
Principles) basis.
In summary, both revenues and expenditures are within the expected ranges and no
unexpected events have occurred that require significant changes in original projec�ons. With
25% of the year now complete, results for the major opera�ons of the funds with related
commentary are:
GENERAL FUND
Revenues total $18,117,384 or 39% of annual budget
Property Tax Collec�ons are 57% of annual budget
Sales Tax Revenues are 25% of annual budget
Franchise Fees are 12% of annual budget
Building Permit Revenues are 38% of annual budget, an increase of 41% from the prior
year.
Expenditures total $10,146,516, or 27% of annual budget
Revenues:
It is common for a dispropor�onate percentage of General Fund revenues to be received early
in the year as our largest revenue-property taxes are due January 31st with many paying by the
end of December to receive the income tax deduc�on in the current calendar year. Sales tax
revenue is 14% higher than the previous year’s revenue and is projected to meet budget
expecta�ons. Many franchise fees are paid on a quarterly basis which creates a lag early in the
year, but a 19% increase in receipts from the prior year is indica�ve of the growing sales tax
base. Finally, Building Permits is ahead of the 25% reference point due to the seasonality of
building ac�vity.
Expenditures
The General Fund budget includes a large amount of non-recurring items such as patrol vehicles
computers, radios, and other equipment for new police officer posi�ons. The annual property
and liability insurance premium is paid in the first quarter and covers the en�re year.
Encumbrances contributed to expenditures being slightly higher than the 25% reference point.
Page 49
Item 6.
IMPACT FEE REVENUES
Street Impact Fees for East Thoroughfare Impact Fees total $289,896 which is 22% of
annual budget
Street Impact Fees for West Thoroughfare Impact Fees total $1,124,942 which is 27% of
annual budget
Water Impact Fees total $858,562 which is 25% of annual budget
Wastewater Impact Fees total $486,108 which is 20% of annual budget
Due to their nature impact fees can vary significantly throughout the year. West impact fees are
primarily single family residen�al and are generated when a home builder takes out a permit for
a single home. As such they will occur more evenly throughout the year. Large mul�-family will
be collected all at once.
WATER & SEWER FUND
Revenues total $8,264,774 or 21% of annual budget which is up 8% from prior year
Expenditures total $5,507,826 which is 16% of annual budget and down 7% from prior
year
Water purchases are down due to the �ming of payments.
Revenues
Monthly billings were rela�vely flat for October and November with the majority of the
increase in the first quarter coming from December billings. The water charges revenue is
slightly below the 25% reference point, but consump�on is expected to increase throughout
the year as more accounts are added.
Expenditures
Due to the “take or pay” fee structures of regional suppliers expenditures tend to have less
seasonal varia�on than revenues. These expenditures show a decrease from the prior year due
to the �ming of payments.
Mario Canizares
Town Manager
Page 50
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, PE, Director of Public Works
Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: Ratify Emergency Expenditure to Consolidated Traffic Controls, Inc
Town Council Meeting – January 23, 2024
Agenda Item:
Consider and act upon ratifying an emergency purchase expenditure to Consolidated Traffic
Controls, Inc. related to the Town’s emergency repair of a traffic signal pole located at Prosper
Trail and the Dallas North Tollway (DNT). (FJ)
Description of Agenda Item:
On December 12, 2023, the southbound traffic signal pole was hit causing deformation of the
signal pole requiring its replacement. Consolidated Traffic Controls, Inc. has provided the Town
with a price to take the mast are down and remove and replace the traffic pole and replace the
mast are while maintaining traffic flow.
Therefore, the Town Manager approved the use of “Emergency” provisions to move forward with
repair of the traffic signal pole as allowed for in Section 252.022 (a) (2) of the Local Government
Code, a procurement necessary to preserve or protect the public health or safety of the
municipality’s residents. This expenditure will be turned over to TML for collection.
Staff requested a proposal from Consolidated Traffic Controls, Inc. After reviewing the proposal,
staff determined that Consolidated Traffic Controls, Inc. was within normal pricing and would
provide the best value to the Town. Consolidated Traffic Controls, Inc specializes in complete
traffic signal installation including fabrication, programming, testing, installation, and maintenance.
Additionally, the Town utilizes Consolidated Traffic Controls, Inc for traffic signal repair and
maintenance in the past with outstanding results. Consolidated Traffic Controls, Inc. is using
contract pricing from HGACBUY Contract PE05-21 and is currently valid.
Budget Impact:
This emergency expenditure in the amount of $62,893.00 was funded from 100-5480-50-01
(Streets Contract Services.)
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
PUBLIC WORKS
Page 51
Item 7.
Page 2 of 2
.
Attached Documents:
1. Consolidated Traffic Controls, Inc. Proposal
2. HGAC PE05-21 Contract Summary
Town Staff Recommendation:
Staff recommends ratifying an emergency purchase expenditure to Consolidated Traffic Controls,
Inc. related to the Town’s emergency repair of a traffic signal pole located at Prosper Trail and the
Dallas North Tollway (DNT).
Proposed Motion:
I move to ratifying an emergency purchase expenditure to Consolidated Traffic Controls, Inc.
related to the Town’s emergency repair of a traffic signal pole located at Prosper Trail and the
Dallas North Tollway (DNT).
Page 52
Item 7.
H�.a.-a._, CONTRACT PRICING WORKSHEET Contract l PE-0S-ll�-, For Catlllog & Price Sheet Type Purchases No.: j
Date
Prepared: 12/27/2023
This Worksheel is prepared by Contractor ant! given If) End User. If a PO is issued, both documents MUST be fa:i:ed
to H-GAC@ 713-993-4548. Therefore pltase type.or print legibly.
Buying Prosper Contractor: I Consolidated Traffic Controls, Inc. A2encv: Contact Alex SchmidtPerson: Phone: 972-347-9969
Fax:
Prepared ·) Bobb HaleBv: 1 y
Phone: i 800-448-8841
Fax: i 800-448-8850
Email: aschmidt(alorospertx.gov Email: i,Bobbl,'.Hale@ctc-traffic.com
Line Number
Catalog / Price Sheet . . . Traffic Control, Enforcement & Signal Preempl.lon EquipmentName: lieneral Description T ffi C trol Eq . of Product: ra c on mpment
A. Catalog / Price Sheet Items being purchased -Itemize Below -Attach Additional Sheet If Necessary
Quan Description
2457 I 50' LMA-80/IO0L-8 SO' LMA-80/I00L-8
327 78 CTCINSTALL On Site Time One Man and Pickup Truck (2 Hr minimwn including drive time)
327 78 CTCINSTALL Second Man (Include Both Drive and On Site time)
$ $
$
Unit Pr II
26,813.00 $ 180.00 $ 180.00 $
Total From Other Sheets, If Any:
Quan
Subtotal A: $
B. Unpublished Options, Accessory or Service items -Itemize Below -Attach Additional Sheet If Necessary(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Description Add ILSN Arm & Powder coating $
Unit Pr 5,000.00 $ $ $ $ Total From Other Sheets, If Any:
Subtotal B: $
Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% 0fj For this transaction the percentage is: the total from Section A. j C. Otb.e.r AIJO'll'&nces, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges
_Quan Descrip_tion Shipping Single pole
Delivery Date:f 30 to 4S Days ARO
GlAocount-------------
<aLAccount
GLAccount-------------
Purchase Order. PO Line:---
Project Name/Number. _________ _
Approval _____________ _
FY.-____ Mail-Department Pick Upµ. --
$ Unit Pr 3,000.00 Is$ Subtotal C: $
D. Total Purchase Price (A+B+c): s
-
Total
26,813.00
14,040.00
14,040.00
54,893.00
Total 5,000.00
5,000.00
9%
Total 3,000.00
31000.00
62,893.00
Page 53
Item 7.
(/)
Tra c Control, Enforcement & Signal Preemption Equipment
Contract Information
Contract Number
PE05-21
Effective Dates
05/01/2021 - 04/30/2024
Contract Details
Optically Controlled Priority Tra c Preemption Systems; Vehicle Identi cation / Vehicle Detection
Systems; Automated Video - Camera Red Light Enforcement Systems; Automated Digital - Camera Red
Light Enforcement Systems.
View Contacts (/contracts/contact-information?contractid=117)
View Documents (/contracts/documents?contractid=117)
Return to Products & Services (/products-and-services?contractid=117)
All Products
Description Code Manufacturer Price Discount
Search Products
Page 54
Item 7.
Indication and Warning Assembly with or without
Activation Systems Portable Tra c Control & Mitigation
Devices (/products-and-services/view-product?
productid=30486)
HHG,
HHF
K&K Systems, Inc
Indication and Warning Assembly with or without
Activation Systems (/products-and-services/view-
product?productid=30485)
GG Electrotechnics
Corporation dab
ELTEC
Intelligent Transpor tation Management Systems
(/products-and-services/view-product?productid=30490)
XI UR International,
Inc.
Optically Controlled or Global Positioning Satellite/Radio
Controlled Priority Tra c Signal Preemption System
Intelligent Transpor tation Management Systems
Indication and Warning Assembly with or without
Activation Systems (/products-and-services/view-
product?productid=30482)
DA,DI,
DG
Applied
Information, Inc.
Optically Controlled or Global Positioning Satellite/Radio
Controlled Priority Tra c Signal Preemption System
Portable Vehicle Counters Vehicle Identi cation/Vehicle
Detection Systems Indication and Warning Assembly
with or without Activation Systems (/products-and-
services/view-product?productid=30484)
HA, KA,
LD, PG,
RG, UG,
UC
Consolidated
Tra c Controls
Optically Controlled or Global Positioning Satellite/Radio
Controlled Priority Tra c Signal Preemption System.
Vehicle Identi cation/Vehicle Detection Systems.
Indication and Warning Assembly with or without
Activation Systems. Wireless Vehicle Detection Systems.
Intelligent Transpor tation Management Systems
(/products-and-services/view-product?productid=30487)
DA, FC,
DG, SH,
DI, FI
Paradigm Tra c
Systems, Inc.
Photo Enforcement Systems (/products-and-
services/view-product?productid=30483)
CE American Tra c
Solutions Inc.
Vehicle Identi cation/Vehicle Detection Systems
Portable Tra c Control & Mitigation Devices Indication
and Warning Assembly with or without Activation
Systems (/products-and-services/view-product?
productid=30488)
AAC,
BBF,
CCG,
DDG
EEG, FFF,
GGF, KG
Texas Highway
Products, Ltd
Vehicle Identi cation/Vehicle Detection Systems
(/products-and-services/view-product?productid=30489)
YC, SC Twincrest, Inc.
Page 55
Item 7.
Page 56
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Re: Ordinance Releasing Property from the Town’s ETJ
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance releasing 19.358 Acres, more or less, generally located west
of FM 1385 in Denton County, from the Town’s Extraterritorial Jurisdiction.
Description of Agenda Item:
The 88th Texas Legislature (Regular Session) adopted, and the Governor signed, Senate Bill
2038, effective September 1, 2023. SB 2038 requires that a municipality must release property
from its extraterritorial jurisdiction (ETJ) upon the request of a property owner. There are limitations
to such release as defined in Section 42.101 of the Texas Local Government Code; however,
those limitations apply to very specific situations, such as the property being located within 5 miles
of a military base, in the ETJ of a municipality with a population of more than 1.4 million, in an
industrial district or in an area subject to a strategic partnership agreement. None of those
statutorily authorized situations apply here. If the Town does not adopt the requested ETJ release
ordinance, after 45 days the ETJ release nevertheless becomes effective as a matter of law.
The Town currently does not provide any services to the ETJ area to be released.
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 Ordinance as to form
and legality.
Attached Documents:
1. Petition for Release of ETJ
2. Proposed Ordinance
Town Staff Recommendation:
The Town Attorney recommends that the Town Council approve an ordinance releasing 19.358
Acres, more or less, generally located west of FM 1385 in Denton County, from the Town’s
Extraterritorial Jurisdiction
TOWN ATTORNEY
Page 57
Item 8.
Page 2 of 2
Proposed Motion:
I move to approve an ordinance releasing 19.358 Acres, more or less, generally located west of
FM 1385 in Denton County, from the Town’s Extraterritorial Jurisdiction
Page 58
Item 8.
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Page 83Item 8.
Page 84Item 8.
Page 85Item 8.
Page 86Item 8.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, RELEASING 19.358 ACRES, MORE OR LESS, FROM THE TOWN
OF PROSPER’S EXTRATERRIROTIAL JURISDICTION; MAKING
FINDINGS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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, as authorized by Subchapter D of Chapter 42 of the Texas Local Government
Code, the landowners of the property herein described have requested and petitioned in writing
that the Town of Prosper exclude the property herein described from the Town’s extraterritorial
jurisdiction (“ETJ”); and
WHEREAS, the Town has determined that the submitted petition complies with the
requirements of Subchapter D of Chapter 42 of the Texas Local Government Code and that such
law requires the release of the property herein described from the Town’s ETJ.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be the true and correct legislative determinations
of the Town of Prosper and they are hereby approved and incorporated into the body of this
ordinance as if copied in their entirety.
SECTION 2
From and after the effective date of this Ordinance, the following property, more
particularly described in Exhibit A, attached hereto and incorporated by reference, is hereby
released from the Town’s ETJ. Further, the Town’s ETJ boundary map is hereby amended in
accordance with the ETJ release referenced in this Ordinance, and as required by Section 41.001
of the Texas Local Government Code.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
Page 87
Item 8.
Ordinance No. 2024-__, Page 2
SECTION 4
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 5
This Ordinance shall become effective after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF JANUARY, 2024.
APPROVED:
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Page 88
Item 8.
Ordinance No. 2024-__, Page 3
EXHIBIT A
(Legal Description of the Property to be Released from Town’s ETJ)
Page 89
Item 8.
Page 1 of 1
To: Mayor and Town Council
From: Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: Transfer of Federal Funds to Upper Trinity Regional Water District for
the expansion of Doe Branch Wastewater Treatment Plan
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and authorize the transfer of $6,102,367.26 in American Rescue Plan Act (ARPA) funds
to Upper Trinity Regional Water District (UTRWD) to support the expansion of the Doe Branch
Wastewater Treatment Plant.
Description of Agenda Item:
Town staff is currently negotiating the update of the service agreement with UTRWD to fund a
portion of the expansion of the Doe Branch Wastewater Treatment Plant that serves the Town of
Prosper, Mustang Special Utility District, and the City of Celina. The project is eligible for use of
ARPA funds provided to the Town of Prosper and those funds have been dedicated for this project.
While this only represents a small amount of the estimated $72 million required to fund the project,
it does reduce the amount of debt funding required for the project. The final agreement will be
presented to the Town Council in February to commit the remaining funds to UTRWD for the
expansion project.
Budget Impact:
Reduces reliance on debt funding alone for this project. Payment will be made from account 760-
6610-10-00-2322-WW.
Town Staff Recommendation:
Town Staff recommends authorizing transfer of $6,102,367.26 in American Rescue Plan Act
(ARPA) to Upper Trinity Regional Water District (UTRWD) funding support the expansion of the
Doe Branch Wastewater Treatment Plant.
Proposed Motion:
I move to authorize the transfer of $6,102,367.26 in American Rescue Plan Act (ARPA) to Upper
Trinity Regional Water District (UTRWD) funding to support the expansion of the Doe Branch
Wastewater Treatment Plant.
ENGINEERING
Page 90
Item 9.
Page 1 of 1
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Zoning Ordinance Amendment – Location of Gas Pumps
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance amending the Town of Prosper Zoning Ordinance by
amending conditional development standards for certain location requirements of gas pumps
contained in Subpart 3 and Subpart 17 of Subsection 1.4 of Section 1 of Chapter 3. (ZONE-23-
0039)
Description of Agenda Item:
On January 9, 2024, Town Council approved the proposed amendment by a vote of 7-0. An
ordinance has been prepared for review and approval.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Town Attorney, Terrance Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town Staff recommends approval of the ordinance amending the Town of Prosper Zoning
Ordinance by amending conditional development standards for certain location requirements of
gas pumps contained in Subpart 3 and Subpart 17 of Subsection 1.4 of Section 1 of Chapter 3.
Proposed Motion:
I move to approve/deny the ordinance amending the Town of Prosper Zoning Ordinance by
amending conditional development standards for certain location requirements of gas pumps
contained in Subpart 3 and Subpart 17 of Subsection 1.4 of Section 1 of Chapter 3.
PLANNING
Page 91
Item 10.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBPART 3, “GAS PUMPS,” OF SUBSECTION 1.4,
“CONDITIONAL DEVELOPMENT STANDARDS,” OF SECTION 1, “USE OF
LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED USES AND
DEFINITIONS,” OF THE TOWN’S ZONING ORDINANCE; AMENDING
SUBPART 17, “CONVENIENCE STORE WITH GAS PUMPS,” OF
SUBSECTION 1.4, “CONDITIONAL DEVELOPMENT STANDARDS,” OF
SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED
USES AND DEFINITIONS,” OF THE TOWN’S ZONING ORDINANCE;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS, 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, after public notice and public hearing as required by law, the Planning &
Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s
Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon due
deliberation and consideration of the recommendation of said Planning & Zoning Commission
and of all testimony and information submitted during said public hearing, the Town Council of the
Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance
of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s
Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subpart 3, “Gas Pumps,” of
Subsection 1.4, “Conditional Development Standards,” of Section 1, “Use of Land and Buildings,”
of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, is hereby
amended to read as follows:
“CHAPTER 3 PERMITTED USES AND DEFINITIONS
SECTION 1. USE OF LAND AND BUILDINGS
* * *
1.4 CONDITIONAL DEVELOPMENT STANDARDS
Page 92
Item 10.
Case No. ZONE-23-0039 Ordinance 2024-XX, Page 2
* * *
3. Gas Pumps. Gas pumps shall be subject to the following development standards:
a) Gas Pumps are permitted only within 200 feet of the right-of-way lines of
intersecting major thoroughfares. When Gas Pumps are associated with a
minimum 50,000 square foot grocery store or Big Box, the gas pumps may be
a distance greater than 200 feet from the right-of-way lines of intersecting major
thoroughfares;
b) Gas Pumps are permitted at a maximum of two corners at an intersection of
two major thoroughfares;
c) Canopies shall have pitched roofs;
d) Canopy support columns shall be entirely masonry encased;
e) A raised landscape planter of the same material as the masonry columns shall
be provided at both ends of all pump islands. Raised landscape planters shall
be between 18 inches and 24 inches tall and a minimum of four feet wide and
four feet long;
f) Raised planters shall be landscaped with a combination of shrubs and ground
cover as approved by the Director of Planning, or his/her Designee.
g) Landscape island(s) totaling a length equal to 50 percent of the canopy
perimeter and a minimum of six feet wide shall be provided for screening and
traffic flow purposes. These areas shall have a minimum of one ornamental
tree per 12 linear feet or portion thereof and one five-gallon shrub per one linear
foot arranged as approved by the Director of Planning, or his/her Designee.
h) Use shall be removed if closed for more than six months; and
i) The canopy band face shall be of a color consistent with the main structure or
an accent color and may not be backlit.”
SECTION 3
From and after the effective date of this Ordinance, existing Subpart 3, “Gas Pumps,” of
Subsection 1.4, “Conditional Development Standards,” of Section 1, “Use of Land and Buildings,”
of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, is hereby
amended to read as follows:
“CHAPTER 3 PERMITTED USES AND DEFINITIONS
SECTION 1. USE OF LAND AND BUILDINGS
* * *
1.4 CONDITIONAL DEVELOPMENT STANDARDS
* * *
17. Convenience Store With Gas Pumps. Convenience Stores with Gas Pumps
shall be subject to the following development standards:
a) Permitted in the designated districts only within 200 feet of the right-of-way
lines of intersecting major thoroughfares. When the Convenience Store with
Gas Pumps is associated with a minimum 50,000 square foot grocery store or
Big Box, the gas pumps may be a distance greater than 200 feet from the right -
of-way lines of intersecting major thoroughfares;
b) Gas Pumps are permitted at a maximum of two corners at an intersection of
two major thoroughfares;
Page 93
Item 10.
Case No. ZONE-23-0039 Ordinance 2024-XX, Page 3
c) The distance requirement from any residential zoning district as established in
Section 9.11 of Chapter 4 shall apply.
d) Canopies shall have pitched roofs;
e) Canopy support columns shall be entirely masonry encased;
f) The canopy band face shall be a color consistent with the main structure or an
accent color and may not be backlit; and
g) Use shall be removed if closed for more than six months.”
SECTION 4
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 6
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 7
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF JANUARY, 2024.
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Page 94
Item 10.
Case No. ZONE-23-0039 Ordinance 2024-XX, Page 4
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 95
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Planned Development Ordinance for Rock Creek Church
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Consider and act upon an ordinance to rezone 26.1± acres from Agricultural (AG) to Planned
Development-126 (PD-126), for Prosper School Church Addition, Block A, Lot 2, located north of
West First Street and west of South Legacy Drive. (ZONE-23-0030)
Description of Agenda Item:
On January 9, 2024, 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 Rock Creek Church is also on the January 23, 2024, 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 26.1± acres from Agricultural to
Planned Development-126, for Prosper School Church Addition, Block A, Lot 2, located north of
West First Street and west of South Legacy Drive.
PLANNING
Page 96
Item 11.
Page 2 of 2
Proposed Motion:
I move to approve/deny an ordinance to rezone 26.1± acres from Agricultural to Planned
Development-126, for Prosper School Church Addition, Block A, Lot 2, located north of West First
Street and west of South Legacy Drive.
Page 97
Item 11.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 26.1 ACRES, MORE OR LESS, SITUATED IN THE
PROSPER SCHOOL CHURCH ADDITION, BLOCK A, LOT 2, IN THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, FROM AGRICULTURAL (AG ) TO
PLANNED DEVELOPMENT-126 (PD-126), 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-
23-0030) from Rock Creek Church (“Applicant”), to rezone 26.1 acres of land, more or less,
Prosper School Church Addition, Block A, Lot 2, 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 26.1 acres of land,
more or less, in the Prosper School Church Addition, Block A, Lot 2, Town of Prosper, Denton
County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are
hereby zoned as Planned Development-126 and being more particularly described in Exhibit “A”,
attached hereto and incorporated herein for all purposes as if set forth verbatim.
Page 98
Item 11.
Case No. ZONE-23-0030 Ordinance No. 2024-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Statement Intent and Purpose,
attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C; (3)
the Conceptual Plan, attached hereto as Exhibit D; (4) the Development Schedule, attached
hereto as Exhibit D; and (5) the Exterior Elevations, attached hereto as Exhibit F, all of which are
incorporated herein for all purposes as if set forth verbatim, 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
Page 99
Item 11.
Case No. ZONE-23-0030 Ordinance No. 2024-__, Page 3
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, 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 23RD DAY OF JANUARY 2024.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 100
Item 11.
2-22" MESQUITE2-24" MESQUITE3-35" MESQUITE52" MULTI-TRUNK MESQUITE19" MESQUITE7" OAK7" OAK2-24" MULBERRY23" MULBERRY48" MULTI-TRUNK MULBERRY20" HACKBERRY18" HACKBERRY4-36" HACKBERRY2-25" HACKBERRY2-30" MESQUITE17" MESQUITE2-20" MESQUITE18" HACKBERRY10" MESQUITE17" MESQUITE2-32" MESQUITE28" MESQUITE3-36" MESQUITE3-25" MESQUITE17" CYPRESS2-32" MESQUITE2-26" MESQUITE58" MULTI-TRUNK MESQUITE3-42" MESQUITE2-26" MESQUITE10' WATER ESMT.DOC. NO. 2019-483O.R.D.C.T.24' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.12' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.25' LANDSCAPE ESMT.DOC. NO. 2019-483, O.R.D.C.T.40' BUILDING LINEDOC. NO. 2019-483O.R.D.C.T.20' BUILDING LINEDOC. NO. 2019-483O.R.D.C.T.25' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.10' CABLE CO. ESMT.DOC. NO. 2019-483O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483O.R.D.C.T.15' DRAINAGE ESMT.
DOC. NO. 2019-483
O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483, O.R.D.C.T.LOT 1, BLOCK AC.O.C. METRO ADDITIONDOC. NO. 2019-483O.R.D.C.T.COSERV ELECTRIC ESMT.
DOC. NO. 2018-88913, O.R.D.C.T.5'X20' DRAINAGE ESMT.DOC. NO. 2019-336O.R.D.C.T.15' FIRELANE, ACCESS,DRAINAGE & UTILITY ESMT.DOC. NO. 2019-336O.R.D.C.T.15' UTILITY ESMT.DOC. NO. 2019-336O.R.D.C.T.APPROXIMATE LOCATION5'X20' DRAINAGE ESMT.DOC. NO. 2019-336O.R.D.C.T.10' COSERVELECTRIC ESMT.DOC. NO. 2019-336O.R.D.C.T.FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-336O.R.D.C.T.SANITARY SEWER ESMT.DOC. NO. 2018-88013O.R.D.C.T.STREET ESMT.DOC. NO. 2019-336O.R.D.C.T.APPROXIMATE LOCATION OFFLOOD ZONE (SEE NOTE 2)LOT 2, BLOCK APROSPER SCHOOL CHURCHADDITIONDOC. NO. 2019-336O.R.D.C.T.W. FIRST STREET(VARIABLE WIDTH R.O.W.)TGGIII64.8'24.8'METALTRAILER24.5'64.4'
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405.76'523.51'N01°05'48"W - 186.73'S88°54'28"W - 66.57'N01°05'16"W - 217.60'N88°54'16"E - 351.43'43.96'
WINSOR DR
(50' WIDTH R.O.W.)24' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.24' FIRELANE, ACCESS,DRAINAGE & UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.45' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.24' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.24' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.30' SEWER ESMT.DOC. NO. 2016-79355O.R.D.C.T.30' SEWER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.15' FIRELANE, ACCESS,DRAINAGE & UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.PROSPER SCHOOL CHURCH ADDITIONLOT 2, BLOCK A 26.056 acres1,134,928 square feetsituated inTOWN OF PROSPER, DENTON COUNTY, TEXASL. HETHERLY SURVEY, ABSTRACT NO. 962EXHIBIT "A"Page 101Item 11.
Page 102
Item 11.
Exhibit “C”
Development Standards
This tract shall develop under the regulation of the Office (O) District as outlined in the Town’s
Zoning Ordinance as it exists or may be amended with the following conditions:
1.0 Permitted Uses
1.1 The permitted land uses within this Planned Development District are as follows:
• Childcare Center - S
• House of Worship
• Rectory
• School, Private or Parochial
2.0 Lot Coverage
2.1 The lot coverage requirements within this Planned Development District are as
follows:
• Maximum of 50% lot coverage.
Page 103
Item 11.
2-22" MESQUITE2-24" MESQUITE3-35" MESQUITE52" MULTI-TRUNK MESQUITE19" MESQUITE7" OAK7" OAK2-24" MULBERRY23" MULBERRY48" MULTI-TRUNK MULBERRY20" HACKBERRY18" HACKBERRY4-36" HACKBERRY2-25" HACKBERRY2-30" MESQUITE17" MESQUITE2-20" MESQUITE18" HACKBERRY10" MESQUITE17" MESQUITE2-32" MESQUITE28" MESQUITE3-36" MESQUITE3-25" MESQUITE17" CYPRESS2-32" MESQUITE2-26" MESQUITE58" MULTI-TRUNK MESQUITE3-42" MESQUITE2-26" MESQUITE10' WATER ESMT.DOC. NO. 2019-483O.R.D.C.T.24' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.12' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.25' LANDSCAPE ESMT.DOC. NO. 2019-483, O.R.D.C.T.40' BUILDING LINEDOC. NO. 2019-483O.R.D.C.T.20' BUILDING LINEDOC. NO. 2019-483O.R.D.C.T.25' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.10' CABLE CO. ESMT.DOC. NO. 2019-483O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483O.R.D.C.T.15' DRAINAGE ESMT.
DOC. NO. 2019-483
O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483, O.R.D.C.T.LOT 1, BLOCK AC.O.C. METRO ADDITIONDOC. NO. 2019-483O.R.D.C.T.COSERV ELECTRIC ESMT.
DOC. NO. 2018-88913, O.R.D.C.T.5'X20' DRAINAGE ESMT.DOC. NO. 2019-336O.R.D.C.T.15' FIRELANE, ACCESS,DRAINAGE & UTILITY ESMT.DOC. NO. 2019-336O.R.D.C.T.15' UTILITY ESMT.DOC. NO. 2019-336O.R.D.C.T.APPROXIMATE LOCATION5'X20' DRAINAGE ESMT.DOC. NO. 2019-336O.R.D.C.T.10' COSERVELECTRIC ESMT.DOC. NO. 2019-336O.R.D.C.T.FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-336O.R.D.C.T.SANITARY SEWER ESMT.DOC. NO. 2018-88013O.R.D.C.T.STREET ESMT.DOC. NO. 2019-336O.R.D.C.T.APPROXIMATE LOCATION OFFLOOD ZONE (SEE NOTE 2)LOT 2, BLOCK APROSPER SCHOOL CHURCHADDITIONDOC. NO. 2019-336O.R.D.C.T.W. FIRST STREET(VARIABLE WIDTH R.O.W.)TGGTSWDDTDDDDOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE
SWWWEECCTVFCCTVEETWFU10' DRAINAGE ESMT.DOC. NO. 2021-40O.R.D.C.T.(OFFICE)LOT 1, BLOCK AMAV ADDITIONDOC. NO. 2021-40O.R.D.C.T.(OFFICE)LOT 4, BLOCK AMAV ADDITIONDOC. NO. 2021-40O.R.D.C.T.STREET ESMT.DOC. NO. 2021-40O.R.D.C.T.FIRELANE, MUTUALACCESS, UTILITY &DRAINAGE ESMT.DOC. NO. 2021-40O.R.D.C.T.WATER ESMT.DOC. NO. 2021-40O.R.D.C.T.15' DRAINAGE ESMT.DOC. NO. 2021-40O.R.D.C.T.((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((
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7 SPACES 12 SPACES3SPACES8 SPACES
9 SPACES11 SPACES11 SPACES14 SPACES15 SPACES10 SPACES11 SPACES11 SPACES11 SPACESBM #1RIM=600.0±FL 8" NW=589.8±FL 6" NE=590.2±FL 8" SW=590.0±RIM=595.7±(UNABLE TO OPEN)BLUE STAR ALLEN LAND, L.P.DOC. NO. 2011-60030O.R.D.C.T.N89°05'17"E - 931.14'"TNP"IRSCMNSN89°05'17"E407.63'EPOINT FORCORNER1/2" IRFC(ILLEGIBLE)(1/2" IRFC "KAZ"S86°43'27"E 1.70')1/2" IRFC"WINDROSE"1/2" IRFC"WINDROSE"1/2" IRFC "WINDROSE"(C.M.)39' FIRELANE, ACCESS &UTILITY ESMT.DOC. NO. 2019-483O.R.D.C.T.LOT 1, BLOCK APROSPER SCHOOLCHURCH ADDITIONDOC. NO. 2019-336O.R.D.C.T.LOT 4, BLOCK AMAV ADDITIONDOC. NO. 2021-40O.R.D.C.T.10' WATER ESMT.DOC. NO. 2019-483, O.R.D.C.T.6
0
0
595595595595595METAL FENCE METAL FENCEWIRE FENCE590595585595600
600600
600
600
600600
600600600600 METAL FENCE(SCHOOL)LOT 1, BLOCK APROSPER SCHOOLCHURCH ADDITIONDOC. NO. 2019-336O.R.D.C.T.LOT 2, BLOCK APROSPER SCHOOL CHURCHADDITIONDOC. NO. 2019-336O.R.D.C.T.3SPACES3SPACES3SPACESN0°30'29"E - 1230.56'N0°30'29"E - 1230.56'
S0°04'54"W - 434.18'S89°31'01"E - 929.58'S0°22'27"W - 449.73'
(PLAT: N0°30'44"E)(PLAT: N0°30'44"E)(PLAT: S89°30'46"E 928.49')(PLAT: S0°05'09"W 434.14')
S01°02'27"W - 324.01'
(PLAT: S0°37'56"W 367.97')
405.76'523.51'N01°05'48"W - 186.73'S88°54'28"W - 66.57'N01°05'16"W - 217.60'N88°54'16"E - 351.43'43.96'
WINSOR DR
(50' WIDTH R.O.W.)24' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.24' FIRELANE, ACCESS,DRAINAGE & UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.45' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.24' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.24' FIRELANE, UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.30' SEWER ESMT.DOC. NO. 2016-79355O.R.D.C.T.30' SEWER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.WATER ESMT.DOC. NO. 2016-79355O.R.D.C.T.15' FIRELANE, ACCESS,DRAINAGE & UTILITY ESMT.DOC. NO. 2016-79355O.R.D.C.T.RISERDNDNDN356 SFMEN102400 SFWOMEN103414 SFNURSERY134385 SF1'S137RR1495516 SFADULT CLASSROOM127517 SFADULT CLASSROOM128384 SF4'S151329 SF4'S152315 SFFLEX153302 SFPASTOR'S GREEN RM125443 SF2'S146384 SF3'S150388 SF3'S140384 SF1'S138199 SFRESOURCE145159 SFCHECK-IN132186 SFNURSING135WOMEN121235 SFPRODUCTION11962MEN120 425 SFGREEN RM122395 SF1'S136432 SFVOLUNTEER108150 SFSECURITY10710141414141414141414JANITOR112VEST.131VEST.104VEST.100WORKROOM106RR148RR142HALLWAY13311367 SFCOMMONS10111161 SFWORSHIP CENTER116PLATFORM117162 SFSTORAGE110HALLWAY129ELEC123124360 SF3'S143386 SF2'S1471414162 SFSTORAGE139CAFE105VEST.109VEST.111VEST.113HALLWAY118VEST.115STORAGE130RR126RR141113 SFSTORAGE154NOPARKINGNOPARKINGNOPARKINGNOPARKINGNOPARKINGNOPARKINGNOPARKINGPROPOSEDEXISTINGPROPOSEDPROPOSEDEXISTINGEXIST.F.H.PROPF.H.PROPF.H.PROPF.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.EXIST.F.H.PROSPER SCHOOL CHURCH ADDITIONLOT 2, BLOCK A 26.056 acres1,134,928 square feetsituated inTOWN OF PROSPER, DENTON COUNTY, TEXASL. HETHERLY SURVEY, ABSTRACT NO. 962CONCEPTUAL PLANEXHIBIT "D"SITE DATA TABLEEXISTING ZONINGPROPOSED ZONINGAGPDLOT AREA26.056 Acres / 1,134,999 S.F.TOTAL LOT COVERAGE32% (PROPOSED)LAND USECHURCH54'483'52'294'30'45.80'EXIST.ENTRANCEEXIST.DRIVEEXIST.DRIVELEGEND- EXISTING CONTOUR590- EXISTING BUILDING- PROPOSED BUILDING- EXISTING FIRE HYDRANT- PROPOSED FIRE HYDRANT- EXISTING CURBPage 104Item 11.
Z23-0030
EXHIBIT E
DEVELOPMENT STANDARDS
ROCK CREEK CHURCH
LOT 2, BLOCK A, PROSPER SCHOOL ADDITION
Task Date
Start Construction 4/17/24
Site Work 4/17/24 – 8/12/24
Building 8/12/24 – 12/16/24
Finish Out 12/16/24 – 6/16/25
Certificate of Occupancy 6/16/25
Page 105
Item 11.
125'-3"BRICKSTONEBRICKSTONEALUM. STOREFRONTPREFABRICATED ALUM.CANOPYSTEEL COLUMNS, REF.STRUCTURALBRICKMETAL PANELMETAL PANELSTUCCOBRICK100'-0"STEEL BEAM, REF. STRUCTURALSTEEL BEAM, REF. STRUCTURALPREFINISHED METAL COPINGALUMINUM -COMPOSITEMETAL PANELCJCANOPYCJALUM. STOREFRONTALUM. STOREFRONTSTONEBRICKBRICKMETAL PANELSTONESTUCCOSTEEL COLUMNS, REF, STRUCTURALSTEEL BEAM, REF. STRUCTURALALUM. STOREFRONTPREFABRICATED ALUM.CANOPY124'-3"129'-0"133'-0"124'-0"135'-0"100'-0"CJCJCJCJCJCJCJCJCJCJ124'-0"CJCJCJCJCJ14'-0"25'-0"ALUMINUM-COMPOSITE METALPANEL100'-0"129'-4"134'-0"124'-0"133'-0"135'-0"177.67°CJCJCJCJALUM. STOREFRONTBRICKOVERHEAD COILING DOORBRICK109'-0"STONEALUMINUM-COMPOSITEMETAL PANELS131'-0"133'-0"129'-0"100'-0"PREFABRICATED ALUM.CANOPYMETAL PANELSFOLDING GLASS WALL SYSTEMALUM. STOREFRONT STEEL BEAM, REF.STRUCTURAL125'-0"129'-0"124'-0"120'-1 1/2"165.96°STUCCOBRICKSTEEL COLUMNS, REF.STRUCTURALSTONECJCJCJCJCJCJCJCJCJCJCJSTUCCO COLOR BSOUTH ELEVATION:STUCCO 65 SF (1%)STONE2,050 SF (28%)BRICK4,616 SF (63%)METAL PANEL 571 SF (8%)TOTAL = 7,302 SFEXTERIOR MATERIAL CALCULATIONSNORTH ELEVATION:STUCCO 640 SF (7%)STONE3,462 SF (37%)BRICK5,085 SF (55%)METAL PANEL 55 SF (1%)TOTAL = 9,242 SFWEST ELEVATION:STUCCO-STONE1,440 SF (25%)BRICK3,997 SF (69%)METAL PANEL 350 SF (6%)TOTAL = 5,787 SFEAST ELEVATION:STUCCO1,253 SF (31%)STONE 390 SF (9%)BRICK2,230 SF (57%)METAL PANEL 140 SF (3%)TOTAL = 4,013 SFNOT TO BE USED FOR PERMITTING, OR CONSTRUCTIONANDREW OXLEYO X L E YPO BOX 1258FORT WORTH, TX 76101817.380.8366oxleyarchitects.comTHE ARCHITECT AND THE ARCHITECT’S CONSULTANTS SHALL BE DEEMED THE AUTHORS AND OWNERS OF THEIR RESPECTIVE INSTRUMENTS OF SERVICE, INCLUDING THE DRAWINGS AND SPECIFICATIONS, AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHTS. SUBMISSION OR DISTRIBUTION OF INSTRUMENTS OF SERVICE TO MEET OFFICIAL REGULATORY REQUIREMENTS OR FOR SIMILAR PURPOSES IN CONNECTION WITH THE PROJECT IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF THE RESERVED RIGHTS OF THE ARCHITECT AND THE ARCHITECT’SCONSULTANTS. INSTRUMENTS OF SERVICE, INCLUDING DRAWINGS, SPECIFICATIONS AND DOCUMENTS IN ELECTRONIC FORM, PREPARED BY OXLEY ARCHITECTS, PLLC ARE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE INSTRUMENTS OF SERVICE SHALL NOT BE USED BY THE OWNER WITHOUT THE PRIOR WRITTEN APPROVAL OF OXLEY ARCHITECTS, PLLC. USE OF THE INSTRUMENTS OF SERVICE WITHOUT WRITTEN PERMISSION SHALL BE WITHOUT LIABILITY TO OXLEY ARCHITECTS, PLLC AND ITS CONSULTANTS.ROCK CREEK CHURCH2860 W. FIRST STREETPROSPER, TEXAS 750782023.009NOVEMBER 20, 2023A310EXTERIOR ELEVATIONSRevision ScheduleRev.#RevisionDescriptionRevisionDateA3103/32" = 1'-0"1EXTERIOR ELEVATION -SOUTHA3103/32" = 1'-0"2EXTERIOR ELEVATION -NORTHA3103/32" = 1'-0"3EXTERIOR ELEVATION -WESTA3103/32" = 1'-0"4EXTERIOR ELEVATION -EASTALUMINUM-COMPOSITEMETAL PANELZONE-23-0030Page 106Item 11.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Development Agreement for Rock Creek Church
Town Council Meeting – January 23, 2024
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 James Riley and the Town of Prosper relative to Rock Creek Church.
Description of Agenda Item:
On January 9, 2024, the Town Council approved the proposed rezoning request by a vote of 7-0.
A Development Agreement has been prepared accordingly. The Ordinance Adoption for this
rezoning request is also on the January 23, 2024, Town Council agenda for consideration. Below
are the percentages of the exterior materials agreed to as part of development agreement:
South
Elevation
North
Elevation
West
Elevation
East
Elevation
All
Elevations
Stucco:
65 SF (1%)
Stucco:
640 SF (7%)
Stucco:
0 SF (0 %)
Stucco:
1,253 SF (31%)
Stucco:
1,958 SF (7%)
Stone:
2,050 SF (28%)
Stone:
3,462 SF (37%)
Stone:
1,440 SF (25%)
Stone:
390 SF (9%)
Stone:
7,342 SF (28%)
Brick:
4,616 SF (63%)
Brick:
5,085 SF (55%)
Brick:
3,997 SF (69%)
Brick:
2,230 SF (57%)
Brick:
15,928 SF (61%)
Metal Panel:
571 SF (8%)
Metal Panel:
55 SF (1%)
Metal Panel:
350 SF (6%)
Metal Panel:
140 SF (3%)
Metal Panel:
1,116 SF (4%)
Total: 7,302 SF Total: 9,242 SF Total: 5,787 SF Total: 4,013 SF Total: 26,344 SF
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
PLANNING
Page 107
Item 12.
Page 2 of 2
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 James Riley and the Town of Prosper relative to Rock Creek
Church.
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a Development Agreement
between James Riley and the Town of Prosper relative to Rock Creek Church.
Page 108
Item 12.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and Rock Creek Church, a Texas non-
profit corporation (“Church”) (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, Church is developing in the Town a house of worship on an
approximate 26.1-acre tract of land generally located north of West First Street and west
of South Legacy Drive 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
January 9, 2024, 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 Church’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. Any structure built on the Property 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. 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 Church 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 owner of the Property,
regardless of whether this Agreement is expressly referenced therein.
3. Applicability of Town Ordinances. Church shall develop the Property,
and construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
Page 109
Item 12.
2
4. Rough Proportionality. Church 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
Church hereby waives any claim therefor that it may have. Church further acknowledges
and agrees 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 Church 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 services to the Property.
5. Exactions/Infrastructure Costs. Both the Town and Church 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 Church’s and the Town’s rights under Texas and federal law. Church
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. Church 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, Church 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.
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.
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 Denton County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Denton County, Texas.
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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 Church: Rock Creek Church
c/o Brockette Davis Drake Inc.
12377 Merit Drive, Suite 1100
Dallas, Texas 75251
Attention: Jim Riley, P.E.
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. Church warrants and represents
that the individual executing this Agreement on behalf of Church has full authority to
execute this Agreement and bind the Church to the same. The Town Council hereby
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Item 12.
4
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 Denton 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 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 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; 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.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
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Item 12.
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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
_______________, 2024, 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 113
Item 12.
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Item 12.
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EXHIBIT A
(Property Legal Description)
BEING a tract or parcel of land, situated in the Louisa Netherly Survey, Abstract No. 962,
Denton County, Texas, and being all of Lot 2, Block A, Prosper School Church Addition,
an addition to the Town of Prosper, Denton County, Texas, as recorded in Document No.
2019-336, Official Public Records, Denton County, Texas (O.R.D.C.T.);
BEGINNING at the southwest corner of said Lot 2, Block A also being the southeast
corner of Lot 1, Block A of said Prosper School Church Addition, and being in the north
line of Fishtrap Road (a variable width right-of-way);
THENCE N 00˚30’29” E, along the common lot line between said Lot 1 and said Lot 2, a
distance of 1,230.56 feet to a 5/8 inch iron rod with plastic cap stamped “TNP” found in
the south line of Denton County Fresh Water Supply District 10 as recorded in Document
No. 2006-144396 and Document No. 2014-7938, O.P.R.D.C.T.;
THENCE S 89˚31’01” E, along the common line between said Lot 2 and said Denton
County Fresh Water Supply District 10, a distance of 929.58 feet to a point for corner in
the west line of Blue Star Allen Land, L.P. as recorded in Document 2011 -60030,
O.P.R.D.C.T.;
THENCE S 00˚04’54” W, along the common line between said Lot 2 and said Blue Star
Allen Land, L.P. Tract, a distance of 434.18 feet to a point for corner in the west line of
Lot 4, Block A, MAV Addition, an addition to the Town of Prosper, Denton County, Texas,
as recorded in Document No. 2021-40, O.P.R.D.C.T.;
THENCE S 01˚02’27” W, along the common line between said Lot 2 and said Lot 4, a
distance of 324.01 to a southeasterly corner of said Lot 2, also being the northeast corner
of Lot 1, Block A, C.O.C. Metro Addition, an addition to the Town of Prosper, Denton
County, Texas;
THENCE S 00˚22’27” W, along the common line between said Lot 1, C.O.C. Addition
and said Lot 4, also along the west line of Lot 1, Block A of said MAV Addition a distance
of 449.73 feet to a point for corner, at the southeast corner of said Lot 1, C.O.C. Addition
and the southwest corner of said Lot 1, MAV Addition said point being in the north line of
said Fishtrap Road;
THENCE N 89˚05’17” E, along the common line between said Lot 1, C.O.C. Addition and
said Lot 2, Prosper School Church Addition and the north line of said Fishtrap Road, a
distance of 931.14 feet to the POINT OF BEGINNING and containing 1,134,982 square
feet or 26.056 acres of land more or less.
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Item 12.
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EXHIBIT B
(Building Materials/Elevations)
Page 116
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Planned Development Ordinance for Pradera
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Consider and act upon an ordinance to rezone 34.7± acres from Commercial (C) to Planned
Development-119 (PD-119), for Collin County School Land Survey, Abstract No. 147, Tract 47,
located north of West Prosper Trail and west of North Dallas Parkway. (Z22-0019)
Description of Agenda Item:
On August 23, 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 Orion RE Capital was approved at the Town Council meeting on October 10, 2023.
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 34.7± acres from Commercial to
Planned Development-119, for Collin County School Land Survey, Abstract No. 147, Tract 47,
located north of West Prosper Trail and west of North Dallas Parkway.
PLANNING
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Item 13.
Page 2 of 2
Proposed Motion:
I move to approve/deny an ordinance to rezone 34.7± acres from Commercial to Planned
Development-119, for Collin County School Land Survey, Abstract No. 147, Tract 47, located north
of West Prosper Trail and west of North Dallas Parkway.
Page 118
Item 13.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 34.7 ACRES, MORE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, TRACT 47,
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM
COMMERCIAL (C) TO PLANNED DEVELOPMENT-119 (PD-119), 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 Z22-
0019) from Orion RE Capital (“Applicant”), to rezone 34.7 acres of land, more or less, Collin
County School Land Survey, Abstract No. 147, Tract 47, 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 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 34.7 acres of land,
more or less, in the Collin County School Land Survey, Abstract No. 147, Tract 47, Town of
Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent
thereto are hereby zoned as Planned Development-119 and being more particularly described in
Exhibit “A”, attached hereto and incorporated herein for all purposes as if set forth verbatim.
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Item 13.
Case No. Z22-0019 Ordinance No. 2024-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Statement Intent and Purpose,
attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C; (3)
the Site Plan, attached hereto as Exhibit D; (4) the Development Schedule, attached hereto as
Exhibit E; and (5) the Elevations, attached hereto as Exhibit F, all of which are incorporated herein
for all purposes as if set forth verbatim, subject to the following condition of approval by the Town
Council:
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 120
Item 13.
Case No. Z22-0019 Ordinance No. 2024-__, 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 23RD DAY OF JANUARY 2024.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis-Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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Item 13.
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“”
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TOWN OF PROSPER PROJECT NO: ____________
Page 122
Item 13.
Exhibit “A”
BEING a 40.065 acre tract of land situated in the Collin County School Land Survey, Abstract Number
147, Collin County, Texas and being all of that called 34.709 acre tract of land described by deed to
AABVC-DNT-West-FRT, LP, recorded in County Clerk’s File Number 2021082001693210, Deed
Records, Collin County, Texas and all of that called 5.368 acre tract of land described by deed to
Collin County, recorded in Volume 5949, Page 2222, Deed Records, Collin County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the southeast corner
said called 34.709 acre tract, said iron rod also being the southwest corner of said called 5.386 acre
tract and being in the north line of that called 40.066 acre tract of land described by deed to Cothran
Malibu, LP, recorded in County Clerk’s File Number 20150105000009000, Deed Records, Collin
County, Texas;
THENCE South 87 degrees 52 minutes 23 seconds West, 1108.44 feet along the south line of said
called 34.709 acre tract and said north line of the called 40.066 acre tract to a 5/8 inch iron rod with
cap stamped “MANHARD” set at the northwest corner of said called 40.066 acre tract;
THENCE North 89 degrees 57 minutes 32 seconds West, 43.17 feet, continuing along said south line
of the called 34.709 acre tract to a 5/8 inch iron rod with cap stamped “MANHARD” set at the
southwest corner of said called 34.709 acre tract;
THENCE North 00 degrees 45 minutes 11 seconds West, 1324.66 feet along the west line of said
called 34.709 acre tract to a 1/2 inch iron rod with cap stamped “PRESTON TRAIL” found at the
northwest corner of said called 34.709 acre tract, said iron rod also being the southwest corner of
that called 34.557 acre tract of land described by deed to Urban Heights at Frontier LLC, recorded in
County Clerk’s File Number 2022000131196, Deed Records, Collin County, Texas;
THENCE North 89 degrees 22 minutes 58 seconds East, 1146.49 feet along the north line of said
called 34.709 acre tract and the south line of said called 34.557 acre tract to a 1/2 inch iron rod with
cap stamped “PRESTON TRAIL” found at the northeast corner of said called 34.709 acre tract, said
iron rod also being the southeast corner of said called 34.557 acre tract and the northwest corner of
the aforementioned called 5.386 acre tract;
THENCE North 89 degrees 26 minutes 22 seconds East, 187.36 feet along the north line of said called
5.386 acre tract to a 1/2 inch iron rod found at the northeast corner of said called 5.386 acre tract;
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Item 13.
THENCE South 00 degrees 43 minutes 44 seconds East, 1290.88 feet along the east line of said
called 5.386 acre tract to a 1/2 inch iron rod found at the southeast corner of said called 5.386 acre
tract, said iron rod also being in the north line of the aforementioned called 40.066 acre tract;
THENCE South 87 degrees 50 minutes 46 seconds West, 182.07 feet along the south line of said
called 5.386 acre tract and said north line oof the called 40.066 acre tract to the POINT OF
BEGINNING and containing 1,745,218 square feet or 40.065 acres of land, more or less.
__________________________________
Jeremy Luke Deal
Registered Professional Land Surveyor
Texas Registration Number 5696
Page 124
Item 13.
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PLANNED DEVELOPMENT NO. 119
EXHIBIT B—Planned Development Purpose and Intent:
This planned development is intended to provide for and encourage development that contains a
compatible mix of residential, office, and commercial uses within close proximity to each other, rather
than separating uses.
The use provisions define land uses and the siting and character of the improvements and structures
allowed on the land in a manner that encourages a balanced and sustainable mix of uses. These uses
may be combined either vertically in the same building, or horizontally in multiple buildings, or through
a combination of the two.
Additionally, the standards are intended to promote an efficient pedestrian-access network that
connects the nonresidential and residential uses. The planned development generally addresses the
physical relationship between development and adjacent properties, public streets, neighborhoods, and
the natural environment. This is accomplished by the following;
• Ensuring buildings relate appropriately to surrounding developments and streets which create
cohesive visual identity and attractive street scenes.
• Ensuring site design promotes efficient pedestrian and vehicle circulation patterns.
• Ensuring the creation of high-quality street and sidewalk environments that are supportive of
pedestrian mobility and that are appropriate to the roadway context.
• Ensuring large sites are developed in a manner that supports and encourages connectivity and
creates a cohesive visual identity and attractive street scene.
In order to implement this vision, the standards affecting development are intended to be consistent
with the overall goal. To accomplish this goal, the area has been subdivided into a series of sub-districts
with development restrictions that will be necessary to achieve their collective individuality.
The purpose of sub-district requirements is to define the character of new development within each
sub-district. They have been carefully designed to allow enough flexibility for creative building solutions,
while being prescriptive in areas necessary to preserve consistency throughout the development.
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Item 13.
2
EXHIBIT C—Sub-District Regulations:
Development Plans
Concept Plan:
A. The tract shall be developed in general accordance with the attached concept plan, set forth in
Exhibits D2, D3, and D4.
B. Triggers
a. Neighborhood Sub-District:
i. Development shall be phased such that all of the townhomes will have
certificates of occupancy prior to commencing work within the Highway Sub-
District.
ii. Development shall be phased such that at minimum one (1) retail building, as
identified on Exhibit D.2 as either Lot 4 or Lot 2 Block 1, shall have obtained a
Certificate of Occupancy prior to construction.
b. Highway Sub-District:
i. Street Section D, as shown on Exhibit D.3, shall be built with Block D, Lots 1 and
2.
C. Where conflicts may arise between Exhibit C and Exhibit D, Exhibit C shall govern.
Elevations:
A. The tract shall be developed in general accordance with the attached elevations, set forth in
Exhibits F.
Administrative:
A. The property owner’s association (POA) shall be approved by town staff.
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Item 13.
3
HIGHWAY SUB-DISTRICT
Page 127
Item 13.
4
HIGHWAY SUB-DISTRICT
Purpose & Intent
The purpose of the Highway Sub-District is to encourage the creation of a pedestrian-oriented, vertically
integrated, mixed-use, urban environment, providing shopping, employment, housing, business, and
personal services. This sub-district promotes an efficient, compact land use pattern; encouraging
pedestrian activity; reducing the reliance on private automobiles within the district; promoting a
functional and attractive community using urban design principles; and allowing developers flexibility in
land use and site design.
The Highway Sub-District is to be an area with a mixture of intense uses. Buildings are close to and
oriented toward the street. There is a connected street pattern, shared parking, and pedestrian
amenities.
Site Criteria
A. Size of Yards:
1. Minimum Front Yard
a. On Dallas North Tollway: Fifty (50) feet.
b. On all other streets: Ten (10) feet.
2. Minimum Side Yard: Zero (0) feet.
3. Minimum Rear Yard: Zero (0) feet.
B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a
line parallel to a public or private street where the primary facade of the building must be built to.
1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at
the minimum front yard setback. The primary facade shall be continuous along a block face and
at least 70% shall be located within 5’ of the build-to-line.
2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling
shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be
allowed within the front setback. Any land remaining in the setback shall be landscaped with
plant materials other than grass and shall be irrigated per the requirements established.
C. Size of Lots:
1. Minimum Size of Lot Area: Twenty Thousand (20,000) square feet
2. Minimum Lot Width: Fifty (50) feet.
3. Minimum Lot Depth: Sixty (60) feet.
D. Maximum Lot Coverage: One hundred (100) percent, subject to Detention and Open Space.
E. Floor Area Ratio: Maximum 10.0:1.
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Item 13.
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F. Housing: The following performance standards shall apply to residential development.
1. For the purposes of this Sub-District, Apartment and Condominiums are considered
Multifamily and shall be defined as follows:
a. Apartments- a predominantly residential building in which each unit is leased by the
owner to an individual entity.
b. Condominiums- a predominantly residential building in which each unit is owned by
an individual entity.
2. The maximum density allowed shall be no more than seven hundred and thirty (730) units
within the Highway Sub-District. Studio, One, Two, and Three Bedroom units shall be a minimum
of 650 square feet.
a. Apartments shall be no more than five hundred (500) units.
i. There shall be no more than 325 Studios and One-Bedroom units.
ii. There shall be no more than 165 two-bedroom units.
iii. There shall be no more than 10 three-bedroom units.
b. Condominiums shall be no more than two hundred thirty (230) units.
i. There shall be at least 60% Studios and One-Bedroom units.
ii. There shall be no more than 40% Two and Three-Bedroom units.
3. Where first-floor square footage of the Highway Subdistrict shall be used for non-residential
uses, the following provisions for retail use shall apply.
Retail, for the sake of this subsection shall include beauty salon/barber shop, commercial
amusement (indoor), furniture/ home furnishings store, gymnastics/dance studio, health/fitness
center, museum/art gallery, restaurant (without drive-thru/drive-in service), retail store and
shops, retail service/incidental use, and theatre.
a. Office: minimum 25% retail use.
b. Residential
i. Apartments: minimum 50% retail use.
ii. Condominiums: minimum 0% retail use.
c. Hotel: minimum 25% retail use.
4. Apartment buildings shall have a setback of Two Hundred Fifty (250) feet from the Dallas
North Tollway (DNT).
G. Parking:
1. The number of parking spaces provided for uses shall be in accordance with the breakdown
established in the GENERAL REQUIREMENTS section of these standards.
2. Required parking shall be located and maintained anywhere within the PD No. 119, including
all sub-districts.
Page 129
Item 13.
6
a. Where Townhome uses are concerned, parking may not be shared.
3. On-street parking and shared parking anywhere within the PD No. 119, including all sub-
districts, except for Townhome uses, may be counted towards meeting the off-street parking
requirement for any use within the sub-district.
4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted as
depicted in exhibit D street sections.
5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public
& Emergency Access Easement.
6. When structured garages are provided, adequate access from public rights-of-way via private
drives and/or access easements shall be made readily available.
7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
8. Speed bumps/humps are not permitted within a fire lane nor public roads.
11. Dead-end parking aisles are not permitted in surface parking lots.
12. In the case of mixed uses, parking spaces may be shared.
13. For all residential uses, a minimum of eighty percent (80%) of parking shall be contained in a
structured parking garage.
H. Service Equipment and Areas:
1. Loading docks, truck parking, trash collection, trash compaction, and other service functions
shall be incorporated into the overall design of the building or placed behind or on the side of a
building. On corner lots, these areas should be located behind the buildings. All solid waste
trash collection structures shall be designed to accommodate the Town’s current trash service
provider. This includes, but not limited to, minimum dumpster enclosure requirements,
approach geometry and other features for operational needs.
2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and
other machinery, where practical, should be located at the rear of the property.
a. Public water meters shall be located within easements, outside of pavement,
and adjacent (within 2-5 feet) to Public & Emergency Access Easement or
dedicated fire lanes that include utility easements.
I. Screening:
1. Service equipment and areas shall be screened so the visual impacts of these functions are
fully contained and out of view from adjacent properties and public streets to the extent that
screening is allowed by utility providers.
2. Solid waste collection and loading areas shall be located to minimize visibility. These areas
shall be screened, at minimum, by a eight (8) foot high wall built with the same materials as
used for the principal building, or an otherwise approved solid masonry material. Trash
dumpsters shall have a metal gate or door equal in height or the height of the wall, which shall
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generally always remain closed. Waste collection and loading area walls shall include shrubbery
as to screen walls from the public realm.
3. Where rooftop-mounted mechanical equipment is not screened from view at a point twenty
feet above ground level at the property line, alternative forms of screening are required, and
may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of
Development Services.
J. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the
above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted
to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front
of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least
30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each
residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to
the street.
K. Streets and Sight Triangles:
1. For plantings within ten (10) feet of any public street intersection, shrubs and groundcover
shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of
clearance measured from the top of the ground surface to the first branch along the tree trunk.
2. Root barriers shall be installed where street trees are planted within 5 feet of pavement
within Public & Emergency Access Easement.
Nothing contained herein shall vary or supersede public safety requirements of the Town of Prosper as
set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of
Prosper.
L. Landscaping: The standards and criteria contained in this Section are the minimum standards for all
new development. Where the regulations of this Section conflict with the Town of Prosper Zoning
Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply.
Unless specifically identified in this Section, new developments shall comply with the landscape
standards established in the Town of Prosper Zoning Ordinance and the Dallas North Tollway (DNT
Guidelines as of the date of adoption of this ordinance or as amended.
1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall
provide interior landscaping as follows:
a. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a
Town approved root barrier is utilized.
b. Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper
minimum, with no more than fifteen (15) parking spaces permitted in a continuous row
without being interrupted by a landscape island.
c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not
less than nine (9) feet wide, measured from the inside face of curb, and a length equal
to the abutting space.
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d. All above grade utilities and trash enclosures in landscape areas shall be screened
with evergreen plant material.
e. For streets with on-street parking, trees shall be installed against the curb, within the
sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the
development. 2. Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping shall be placed a minimum of two and one-
half (2’-6”) feet from a town sidewalk or alley. Reduction of this requirement is subject
to review and approval by the Assistant Town manager or their designee.
b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be
irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation.
c. Rain/Freeze sensors shall be installed on all irrigation systems.
3. Drought tolerant and/or native plants from the Town’s approved plant list are required for
compliance. Other species may be utilized with approval from the Town as part of the Final Site
Plan process.
a. Trees in sidewalks adjacent to on-street parking will be specifically selected with
approval from the Town.
4. All Landscape areas to be kept free of weeds, invasive plant species, and trash.
5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way.
Building Criteria
The standards and criteria contained in this Section are the minimum standards for all new
development. The regulations of this Section shall govern where the regulations of this Section conflict
with the Town of Prosper Zoning Ordinance.
A. Tri-partite Architecture: All multi-story, mixed use buildings shall be designed and constructed in
tri-partite architecture (having a distinct base, middle, and top) or an alternative, scale appropriate
architectural treatment.
B. Building Height
1. Maximum Building Height: Eight (8) stories. a. Architectural embellishments not
intended for human occupancy that are integral to the architectural style of the
buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area
in plan is no greater than 23% of the first-floor footprint may exceed the height limits by
up to twenty (20) feet.
b. Mechanical equipment, including mechanical/elevator equipment penthouse
enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire
sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above
the actual building height, provided that: 1) they are setback from all exterior walls a
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distance at least equal to the vertical dimension that such item(s) extend(s) above the
actual building height, or 2) the exterior wall and roof surfaces of such items that are set
back less than the vertical dimension above the actual building are to be constructed as
architecturally integral parts of the building facade(s) or as architectural embellishments
as described above. Mechanical equipment shall not be visible from the public right-of-
way, measured at six (6) feet above finish grade at the Public & Emergency Access
Easement line.
2. Minimum Building Height by use type:
a. Office: four (4) story.
b. Multifamily
i. Apartments: four (4) story.
ii. Condominiums: four (4) story.
c. Hotel: four (4) story
d. Retail: one (1) story.
3. Maximum Building Height shall be governed by the Building Height Setbacks outlined below.
a. Building Height Setback One shall extend from the eastern property line at Dallas
North Tollway to a line three hundred fifty (350) feet to the west. Building Height
Setback One shall have a maximum height of eight (8) stories or one hundred sixty (160)
feet.
b. Building Height Setback Two shall extend from the western boundary of Building
Setback One to the Neighborhood Sub-District boundary. Building Height Setback Two
shall have a maximum height of five (5) stories or one hundred (100) feet.
C. Building Materials:
1. brick, natural and manufactured stone, curtain wall and window wall glazing, and
cementitious panel system shall be considered primary materials. Primary materials shall
comprise of at least seventy-five percent (75%) of each elevation, exclusive of doors and
windows. Where cementitious panel is applied, it shall be limited to no more than 50% of a
building’s material. Non-primary, or secondary materials, may include stucco and metal panel
systems.
a. Where Multifamily is concerned, primary materials shall be limited to brick, natural
and manufactured stone, and cementitious panel system.
2. Only primary building materials are allowed on the first floor with the exception of
cementitious panels. For purposes of this section, the first floor shall be at least fourteen (14)
feet high and, at minimum, 90% shall be constructed of masonry cladding.
3. All buildings shall be architecturally finished on all sides with articulation, detailing, and
features. Architectural articulation, detailing, and features are not required for facades adjacent
to a building or parking garage.
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D. Window Areas:
1. For buildings which front on streets with on-street parking and contain non-residential uses
on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be
windows.
a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black
glass that blocks two-way visibility is only permitted above the first story.
b. pink or gold glass shall be prohibited.
E. Building Entries:
1. Main building entries shall be highlighted using such techniques as building articulation
and/or entry canopies so they are obvious to pedestrians and motorists.
2. Each building and separate lease space at grade along the street edge shall have a functioning
Primary Entry from the sidewalk. Corner entries may count as a Primary Entry for both
intersecting street fronts.
F. Awnings, canopies, Arcades, & Overhangs:
1. Structural awnings are encouraged at the ground level to enhance articulation of the building
volumes.
2. The material of awnings and canopies shall be architectural materials that complement the
building.
3. Awnings shall not be internally illuminated.
4. Canopies should not exceed one hundred (100) linear feet without a break of at least five (5)
feet.
5. Canopies and awnings shall respect the placement of street trees and lighting.
G. Building Articulation:
1. That portion of the building where retail or service uses take place on the first floor shall be
accentuated by including awnings or canopies, different building materials, or architectural
building features.
2.Building facades fronting both streets and driveways should have massing changes and
architectural articulation to provide visual interest and texture and reduce large areas of
undifferentiated building facade. Design articulation should employ changes in volume and
plane. Architectural elements including projecting volumes, windows, balconies, loggias,
canopies, pediments, and moldings that break up the mass of the building are encouraged.
H. Above Grade Structured Parking:
1. Where parking garages are within views of public streets, openings in parking garages shall
not exceed 55% of the facade area. The portion of the parking garage that is visible from the
street shall have an architecturally finished facade compatible with the surrounding buildings.
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2. It is the intent of this provision that the facades of surrounding buildings and the facades of
any parking structures within view of public streets shall be visually similar, with construction
materials being compatible.
3.Entries and exits to and from parking structures shall be clearly marked for both vehicles and
pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks.
I. Projections into Setbacks and/or Rights-of-Way:
The following projections shall be permitted into a building setback or Public & Emergency Access
Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or
right-of-way of Dallas North Tollway; 2) such projections do not extend over the traveled portion of a
roadway; 3) the property owner has assumed liability related to such projections; 4) the property owner
shall maintain such projection in a safe and non-injurious manner; 5) no projections allowed over
franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade;
and 6) no projections allowed over public utility where located within a fire lane or public utility
easement.
1. Ordinary building projections, including, but not limited to water tables, sills, belt courses,
pilasters, and cornices may project up to twenty-four (24) inches beyond a building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st
floor only); below grade vaults and areaways; and elements of a nature similar to those listed;
may project up to ten (10) feet beyond the building face into the setback, but not the Public &
Emergency Access Easement.
4. Canopies and/or awnings may project from the building face over the entire setback.
Additionally, they may be extended into the Public & Emergency Access Easement to be within
eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance
and as long as any canopy/awning support is no closer than twenty-four (24) inches from the
back of curb and does not extend over any fire lane or public utility easement.
5. Below-grade footings approved in conjunction with building permits.
Permitted Uses
Schedule of Permitted Business Establishments for the Dallas North Tollway District: Uses followed by an
-S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to conditional
development standards located in the Town’s Zoning Ordinance as it exists or may be amended.
Administrative, Medical, Insurance or Professional Office
Antique Shop
Automobile Paid Parking Lot/Garage
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Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union (Drive-Thru not permitted)
Beauty Salon/Barber Shop as an Incidental Use
Big Box (S)
Building Material and Hardware Sales, Major (S)
Business Service
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor (S)
Food Truck Park (C)
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
Health/Fitness Center (S)
Helistop (S)
Hospital
Hotel, Full Service (C)
House of Worship
Massage Therapy, Licensed as an Incidental Use
Meeting/Banquet/Reception Facility (S)
Mobile Food Vendor (S)
Multifamily
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Park or Playground
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Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed (S)
Research and Development Center (S)
Restaurant without Drive-thru or Drive-in Service (C)
Retail Stores and Shops
Retail/Service Incidental Use
School, Private or Parochial (S)
School, Public
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
Theater, Regional
Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
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NEIGHBORHOOD SUB-DISTRICT
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NEIGHBORHOOD SUB-DISTRICT
Purpose & Intent
The purpose of the Neighborhood Sub-District is to provide for a variety of developments in a suburban
type setting which will provide residential units and supporting retail space.
Site Criteria
A. Size of Yards:
1. Townhomes (lots shall be fee-simple)
i. Minimum Front Yard: Ten (10) feet.
ii. Minimum Side Yard: Zero (0) feet.
iii. Minimum Rear Yard: Twenty (20) feet.
iv. Maximum Building Height: Thirty-Five (35) feet (as measured from the finish floor to
the top plate), or three (3) stories.
v. Minimum Dwelling Area: One Thousand (1,000) square feet.
vi. Minimum Building Separation: Twenty (20) feet.
vii. Maximum Units Per Building: six (6) units
2. Commercial
i. Minimum Front Yard: Ten (10) feet.
ii. Minimum Side Yard: Five (5) feet.
iii. Minimum Rear Yard: Five (5) feet.
iv. Maximum Building Height: Forty-five (45) Feet (as measured from the finish floor to
the top plate), or three (3) stories
B. Build-to-Line: On streets with on-street parking, a build-to-line shall be required. A -build-to-line- is a
line parallel to a public or private street where the primary facade of the building must be built to.
1. Buildings with non-residential uses on the first floor: A build- to-line shall be established at
the minimum front yard setback. The primary facade shall be continuous along a block face and
at least 70% shall be located within 5’ of the build-to-line.
2. Buildings with residential uses on the first floor: The primary facade of a residential dwelling
shall be built 10' to 15’ from the property line. Stairs, stoops, and elevated patios shall be
allowed within the front setback. Any land remaining in the setback shall be landscaped with
plant materials other than grass and shall be irrigated per the requirements established.
3. Residential lots may front on public or private open space or a property owner's association
lot.
C. Size of Lots:
1. Minimum Size of Lot Area: Three thousand (3,000) square feet
2. Minimum Lot Width: Twenty (20) feet.
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3. Minimum Lot Depth: Sixty (60) feet.
D. Maximum Lot Coverage: One Hundred (100) percent. Parking structures and surface parking facilities
shall be excluded from lot coverage computations.
E. Floor Area Ratio: Maximum 5.0:1.
F. Housing: The following performance standards shall apply to residential development.
1. The maximum density allowed shall be sixty (60) units within the Neighborhood Sub-District.
2. The minimum number of townhome units shall be forty-two (42) units.
G. Maximum Floor Area Per Building: Twenty thousand (20,000) square feet.
H. Parking:
1. The number of parking spaces provided for uses shall be in accordance with the breakdown
established in the GENERAL REQUIREMENTS section of these standards.
2. Required parking shall be located and maintained anywhere within the PD No. 119, including
all sub-districts.
a. Where Townhome uses are concerned, parking may not be shared.
3. On-street parking anywhere within the PD No. 119, including all sub-districts, except for
Townhome uses, may be counted towards meeting the off-street parking requirement for any
use within the sub-district.
4. Where on-street parking is provided, angled, as well as parallel parking shall be permitted.
5. Where on-street parking is provided, vehicle maneuvering shall be allowed within the Public
& Emergency Access Easement.
6. When structured garages are provided, adequate access from public rights-of-way via private
drives and/or access easements shall be made readily available.
7. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
8. Speed bumps/humps are not permitted within a fire lane.
9. Dead-end parking aisles are not permitted in surface parking lots.
10. In the case of mixed uses, uses may share parking spaces.
I. Service Equipment and Areas:
1. Loading docks, truck parking, trash collection, trash compaction, and other service functions
shall be incorporated into the overall design of the building or placed behind or on the side of a
building. On corner lots, these areas should be located behind the buildings. All solid waste trash
collection structures shall be designed to accommodate the Town’s current trash service
provider. This includes, but not limited to, minimum dumpster enclosure requirements,
approach geometry and other features for operational needs.
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2. Transformers, HVAC equipment (if located at the ground level), private utility meters, and
other machinery, where practical, should be located at the rear of the property.
a. Public water meters shall be located within easements, outside of pavement, and
adjacent (within 2-5 feet) to Public & Emergency Access Easement or dedicated fire
lanes that include utility easements.
J. Screening:
1. Service equipment and areas shall be screened so the visual impacts of these functions are
fully contained and out of view from adjacent properties and public streets, provided public
utility providers allow for screening.
2. Solid waste collection and loading areas shall be located to minimize visibility. These areas
shall be screened by a eight (8) foot high wall built with the same materials as used for the
principal building, or an otherwise approved solid masonry material. Trash dumpsters shall have
a metal gate or door equal in height or the height of the wall, which shall generally remain
closed at all times. Waste collection and loading area walls shall include shrubbery as to screen
walls from the public realm.
3. Where rooftop-mounted mechanical equipment is not screened from view at a point twenty
feet above ground level at the property line, alternative forms of screening are required, and
may be constructed of metal, acrylic, or a similar material, subject to approval by the Director of
Development Services.
K. Fencing: Fencing is allowed between the primary facade of the building and the property line. In the
above instances the fence shall be no greater than forty-two (42) inches in height. Fencing is restricted
to wrought iron, tubular steel or similar material, or masonry. The masonry portion of any fence in front
of a building shall be no higher than three (3) feet. The masonry portion of the fence must be at least
30% open in construction for each residential unit or retail/restaurant/office/service lease space. Each
residential unit or retail/restaurant/office/service lease space must have an operable gate that opens to
the street.
L. Streets and Sight Triangles: Within the Neighborhood Sub-District the following street design
standards shall apply. Except as provided herein, no sight triangle shall be required. Adequate sight
distance will be provided at all intersections through the use of appropriate traffic control devices. Sight
triangles, per the Town of Prosper’s requirements, for vehicles exiting the development for both public
streets and private driveways shall be provided at intersections with Shawnee Trail.
1. For plantings within ten (10) feet of any public street intersection, shrubs and groundcover
shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of
clearance measured from the top of the ground surface to the first branch along the tree trunk.
Nothing contained herein shall vary or supersede the public safety requirements of the Town of Prosper
as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of
Prosper.
M. Landscaping: The standards and criteria contained in this Section are the minimum standards for all
new development. Where the regulations of this Section conflict with the Town of Prosper Zoning
Ordinance or the Dallas North Tollway (DNT) Guidelines, the regulations of this Section shall apply.
Unless specifically identified in this Section, new developments shall comply with the landscape
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standards established in the Town of Prosper Zoning Ordinance and the Dallas North Tollway (DNT
Guidelines as of the date of adoption of this ordinance or as amended.
1. Any non-structured, off-street, surface parking that contains twenty (20) or more spaces shall
provide interior landscaping as follows:
a. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a
Town approved root barrier is utilized.
b. Landscaped islands shall be located at the terminus of all parking rows, except for on-
street parking, and shall contain at least one (1) large tree, three (3) inch caliper
minimum, with no more than fifteen (15) parking spaces permitted in a continuous row
without being interrupted by a landscape island.
c. Landscaped islands shall be a minimum of one hundred sixty (160) square feet, not
less than nine (9) feet wide, measured from the inside face of curb, and a length equal
to the abutting space.
d. All above grade utilities and trash enclosures in landscape areas shall be screened
with evergreen plant material.
e. For streets with on-street parking, trees shall be installed against the curb, within the
sidewalk, in four (4) foot by four (4) foot areas with metal grates consistent with the
development.
2. Except for the landscape easement adjacent to the deceleration lane on Shawnee Trail, the
landscape easement within the POA Lot adjacent to Shawnee Trail will be a minimum of twenty-
five (25) feet.
3. Permanent irrigation shall be provided for all required landscaping as follows:
a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a
minimum of two and one-half (2’-6”) feet from a town sidewalk or alley. Reduction of
this requirement is subject to review and approval by Executive Director of
Development and Community Services.
b. Trees shall be irrigated with bubbler irrigation. Shrubs and groundcover shall be
irrigated with in ground drip irrigation. Turf lawn shall be irrigated with spray irrigation.
c. Rain/Freeze sensors shall be installed on all irrigation systems.
4. Drought tolerant and/or native plants from the Town’s approved plant list are required for
compliance. Other species may be utilized with approval from the Town as part of the Final Site
Plan process.
a. Trees in sidewalks adjacent to on-street parking will be specifically selected with
approval from the Town.
4. All Landscape areas to be kept free of weeds, invasive plant species, and trash.
5. Synthetic turf may be permitted so long as it is not visible from the public rights-of-way.
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N. Amenities: Public amenities shall be constructed after Certificates of Occupancy are issued for
townhomes and before other buildings.
Building Criteria
The standards and criteria contained in this Section are the minimum standards for all new
development. The regulations of this Section shall govern where the regulations of this Section conflict
with the Town of Prosper Zoning Ordinance.
A. Maximum Building Height:
1. Three (3) stories.
2. Architectural embellishments not intended for human occupancy that are integral to the
architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof
forms whose area in plan is no greater than 25% of the first-floor footprint may exceed the
height limits by up to ten (10) feet.
3. Mechanical equipment, including mechanical/elevator equipment penthouse enclosures,
ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and
other similar constructions may extend up to ten (10) feet above the actual building height,
provided that: 1) they are setback from all exterior walls a distance at least equal to the vertical
dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall
and roof surfaces of such items that are set back less than the vertical dimension above the
actual building are to be constructed as architecturally integral parts of the building facade(s) or
as architectural embellishments as described above. Mechanical equipment shall not be visible
from the Public & Emergency Access Easement, measured at six (6) feet above finished grade at
the Public & Emergency Access Easement line.
B. Building Materials:
1. brick, natural and manufactured stone, curtain wall and window wall glazing, and
cementitious panel system shall be considered primary materials. Primary materials shall
comprise at least seventy-five (75) percent of each elevation, exclusive of doors and windows.
a. Townhomes shall be constructed of no less than 75% brick masonry, calculated from
the aggregate of the front, rear and side elevations.
2. Only primary building materials are allowed on the first floor excluding cementitious panel
systems, exclusive of doors, windows, and their accompanying frames. For purposes of this
section, the first floor shall be at least nine (9) feet high.
3. All buildings shall be architecturally finished on all sides with articulation, detailing, and
features. Architectural articulation, detailing, and features are not required for facades adjacent
to a building or parking garage.
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C. Windows:
1. For buildings which front on streets with on-street parking and contain non-residential uses
on the ground floor, a minimum of thirty (30) percent of the ground floor facade shall be
windows.
a. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black
glass that blocks two-way visibility is only permitted above the first story.
b. pink or gold glass shall be prohibited.
2. For buildings which front on streets, and contain residential uses, a minimum of thirty (30)
percent of the facade shall be windows.
D. Horizontal articulation: No building wall shall extend for a distance equal to four (4) times the wall’s
height without having an offset equal to 25% of the wall’s height. The new plane shall then extend for a
distance equal to at least 25% of the maximum length of the first plane.
E. Building Entries: Main building entries shall be highlighted using such techniques as building
articulation and/or entry canopies so they are obvious to pedestrians and motorists.
F. Above Grade Structured Parking:
1. Where parking garages are within views of streets, openings in parking garages shall not
exceed 53% of the facade area. The portion of the parking garage that is visible from the street
shall have an architecturally finished facade compatible with the surrounding buildings.
2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and
pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks.
G. Projections into Setbacks and/or Rights-of-Way:
The following projections shall be permitted into a building setback or Public & Emergency Access
Easement as allowed below, provided that 1) no projection shall be permitted into a building setback or
right-of-way of Shawnee Trail; 2) such projections do not extend over the traveled portion of a roadway;
3) the property owner has assumed liability related to such projections; and 4) the property owner shall
maintain such projection in a safe and non-injurious manner; and 5) no projections allowed over
franchise utility corridors unless the projection is thirteen and one half (13.5) feet above finish grade;
and 6) no projections allowed over public utility where located within a fire lane or public utility
easement..
1. Ordinary building projections, including, but not limited to water tables, sills, belt courses,
pilasters, and cornices may project up to twelve (12) inches beyond a building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
2. Business signs and roof eaves I may project up to ten (10) feet beyond the building face or
architectural projection into the setback, but not the Public & Emergency Access Easement.
3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st
floor only); below grade vaults and areaways; and elements of a nature similar to those listed;
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may project up to ten (10) feet beyond the building face into the setback, but not the Public &
Emergency Access Easement.
4. Canopies and/or awnings may project from the building face over the entire setback.
Additionally, they may be extended into the Public & Emergency Access Easement to be within
eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance
and as long as any canopy/awning support is no closer than twenty-four (24) inches from the
back of curb and does not extend over any fire lane or public utility easement.
5. Below-grade footings approved in conjunction with building permits.
Permitted Uses
Schedule of Permitted Business Establishments for the Dallas North Tollway District: Uses followed by an
-S- are permitted by Specific Use Permit. Uses followed by a -C- are permitted subject to conditional
development standards located in the Town’s Zoning Ordinance as it exists or may be amended.
Administrative, Medical, Insurance or Professional Office
Antique Shop
Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union (No Drive-Thru permitted)
Beauty Salon/Barber Shop as an Incidental Use
Big Box (S)
Building Material and Hardware Sales, Major (S)
Business Service
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor (S)
Food Truck Park (C)
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
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Item 13.
22
Health/Fitness Center (S)
Helistop (S)
Hospital
House of Worship
Massage Therapy, Licensed as an Incidental Use
Meeting/Banquet/Reception Facility (S)
Mobile Food Vendor (S)
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Park or Playground
Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed (S)
Research and Development Center (S)
Restaurant without Drive-thru or Drive-in Service (C)
Retail Stores and Shops
Retail/Service Incidental Use
School, Private or Parochial (S)
School, Public
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
Theater, Regional
Townhome
Veterinarian Clinic and/or Kennel, Indoor (S)
Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
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Item 13.
23
GENERAL REQUIREMENTS
Page 147
Item 13.
24
GENERAL REQUIREMENTS
A. Development shall generally take place in accordance with the attached Concept Plan (Exhibit D).
Plats and/or site plans submitted for the development shall conform to the data presented and
approved on the conceptual development plan. Changes of detail on these final development plan(s)
that differ from the conceptual development plan may be authorized by the Town staff, with their
approval of the final development plan(s) and without public hearing, if the proposed changes do not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans.
If the Town staff determines that the proposed change(s) violates one (1) or more of the above eight (8)
criteria, then a public hearing must be held by the Planning and Zoning Commission and the Town
Council to adequately amend the granting ordinance prior to the Planning & Zoning Commission’s
approval of the final development plan(s).
B. A minimum twenty (20) percent of the total area in this planned development shall be provided as
open space.
Open spaces may include areas used for facilities such as plazas, courts, recreational amenities, water
features and other similar uses not specifically used for vehicular access and parking.
Additionally, detention areas shall contain a constant water level and are landscaped or otherwise
treated as an amenity for the development, they may be used to meet the open space requirement.
The open space may not consist of any of the following elements:
1. Vehicular parking.
2. Required parking lot tree islands.
3. Building footprints.
4. Utility yards.
The open space may consist of any of the following elements:
5. Landscape easements, setbacks, or any other landscaping as listed in Chapter 2, Section 4 of
the zoning ordinance.
6. Public plazas.
7. Detention/ Retention ponds, when activated with pedestrian access.
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Item 13.
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C. Design Guidelines: Design Guidelines will be created, and approved by Staff, to govern the following
details.
1. Street sections, including sidewalks
2. Public realm standards, including sidewalks, benches, signage, planters, outdoor seating
areas, landscape, parking, and lighting.
3. Multifamily characteristics are generally set forth below, and may be applied to other uses as
appropriate.
a. Special Provisions: typical floor height fourteen (14) feet for first floor ceiling height
(retail) and twelve (12) feet for first floor ceiling height (residential), air condition
corridors, Hospitality-style amenity centers, Resort-style pool, State-of-the-art fitness
centers, hidden trash collection, and its own structured parking.
b. Architectural Provisions
Facade Composition
For multi-story buildings, the overall composition of the façade should incorporate a
three-part hierarchy of base, body, and cap to emphasize verticality and to maintain a
balanced façade composition. In addition, the cap of the building should be
architecturally distinguished to provide a visual termination to the facade and interest at
the skyline.
All buildings must be composed of:
Building Base: The “base” of the building clearly defines the realm of the public space
and provides the necessary spatial enclosure. The base of the building is also the device
that effectively engages the pedestrian, defining the character and quality of a street or
public space. It also houses the uses with the most intensity. The height of the base
varies depending on the overall building height. The “base” shall consist of the area of
wall immediately along the ground floor level to the “body” of the building. The
transition from “base” to “body” may be expressed either horizontally, through a shift in
the vertical plane or, vertically through a change in building materials along a level line.
The base shall be between 16’ minimum and, in buildings of at least four stories, may
include up to the floor line of the third floor.
Building Body: The “body” of the building comprises the majority of the building, mainly
defined by its structural composition. It houses the main use and engages all fronts. The
“body” shall consist of the area of wall from the “base” to the “cap.” The transition from
“body” to “cap” may be expressed either horizontally, through a shift in the vertical
plane or vertically through a change in building materials along a level line.
Building Cap: The “cap” of the building could either encompass the last floor of a
building and roof, or be the area above the eave or before the parapet line depending
upon the height or number of stories of the building. The “cap” clearly terminates the
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Item 13.
26
“body” of the building. The building top is determined by the height of the building and
is not subject to elements of style. The “cap” shall consist of the area of wall from the
top floor level to the parapet or the area of wall from the roof line to the top of the
parapet wall. Optional Body Setback: The optional body setback is a change in the depth
of the vertical plane of the primary facade along the full width of the building at the
transition point between the “base” and the “body” of the building. This setback clearly
divides the base from the rest of the building and provides the opportunity for an
interim cornice line at the top of the base. The depth of the setback varies, but should
be noticeable, in order to perceive the change between the two parts.
Building Composition
By subdividing the building mass into a series of well-scaled volumes, and then
articulating those volumes with window systems, different materials, and special
elements, a rich architectural form can be created. True to its classical roots, this
approach to design provides a rational method of creating a wide variety of buildings
with individual character, that still create a unified ensemble. The concept of “bay
spacing” is critical in helping to maintain an appropriate human scale by breaking up the
massing of large buildings as well as in creating a lively and interesting streetscape
rhythm.
Traditional downtown streetscapes were often comprised of individual buildings divided
into 25 ft. wide parcels facing the primary street. Many buildings were one-lot wide
(25’), although later buildings spanned more than one lot. Wider building facades were
typically divided into repeated sections, or “bays”, ranging from 15 ft. to 30 ft. in width
on the ground floor. This pattern of bay spacing echoed, rather than over-whelmed,
adjacent buildings that might only be one lot wide. Upper stories often were consistent
across two, three or five bays, unifying the building as a whole. Buildings in the Mixed-
Use area should reflect these traditional building facades, and should express a façade
composition ranging from one bay width to no more than 5 bay widths in length.
Special Conditions
All elevations of buildings that can be seen from either the street or public spaces shall
be considered “primary facades” and shall be designed as “fronts.” Buildings occupying
lots with two frontages, such as on corner lots, shall treat both building walls as
“primary facades” with each being equally considered as “fronts.” Additional detailing
and attention can be applied to these two-fronted scenarios in order to better landmark
the corner to enhance the architectural character as well as to improve pedestrian and
vehicular way finding.
Scale & Massing
The overall scale and mass of the buildings that make up a neighborhood play a key role
in attracting patrons, pedestrians, and activities to a particular area. Buildings provide
the perimeter walls for streets and public spaces and should be designed in a manner
that is consistent with the nature of the spaces that they define. Buildings should share
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Item 13.
27
with their neighbors a sense of harmony that reveals focus on defining high quality,
vibrant public spaces. In the mixed-use area, the focus of building design should
concentrate on the creation of collective expression - on clearly defined public and
outdoor spaces and streetscapes as a cohesive and legible whole - rather than on
individual buildings with a strong individual expression.
New construction should give consideration to appropriate form and proportion as
reflected in the tradition of vernacular, mixed-use buildings. Buildings should be
rectangular, facing the street with the facade aligned with the front property line.
Angled or non-rectilinear buildings, unless relating to the street alignment, are
inappropriate. The bulky form of the overall mass should be articulated into a series of
forms which provide a variety of scale and proportion. The “Base” of a building should
maintain a consistent building plane along the building frontage except to provide
recessed storefront entrances, a special corner feature, usable open space for out-door
dining, or to form a mid-block pedestrian passageway.
Commercial construction on a primarily residential block should be designed to reflect a
residential character. A front yard setback for commercial uses at some interface
locations is desirable. Creating a height transition by locating taller building portions
toward areas with larger scaled buildings and lower portions toward residential areas is
preferable. Long, rectangular buildings should be articulated into two or three distinct
facade elements, separated either by recesses, changes in materials, structural
elements, or sub-divided into individual facades separated by panels. Special
architectural treatment and detailing should be located at the corners of the building
and at the mid-point of the main building mass.
Doors, Windows, & Openings
The different elements defined by the massing, are further articulated by different door,
window and wall systems. These systems will vary by use, but may include the
following: a curtainwall, generally used in the recessed elements; a storefront system
for commercial applications; a primary wall with square punched openings; a secondary
wall system with rectangular punched openings; and a system of columns and lintels
placed in front of curtain walls or storefronts for special portions of the buildings. The
combination of this articulated massing and the reinforcement of forms with different
materials and window patterns result in a lively composition with the capacity to define
dynamic urban space.
Doorways are celebrated and made monumental by a series of special elements added
to the frame around the wall. All window and door openings shall be square or vertical
in proportion, and any other divisions of openings shall happen as a system of squares
or vertically proportioned rectangles. Grouped or “ganged” windows shall be treated as
a single opening, unless they are separated by a minimum 4 inch divider. Windows and
doors may meet at building corners, or shall be a mini-mum of twenty-four inches from
the building corner. Shading devices over doors and windows are permitted to be
cantilevered and made of any architectural grade material, but shall be fully functional
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28
rather than simply decorative. All arcade openings (or “voids”) shall be vertical in
proportion.
Transparency
Design distinction between upper and lower floors shall be maintained by developing
the ground level facade as primarily transparent and inviting to the public. For
commercial uses, the use of storefront windows, typically consisting of glass set in
wood, clad wood, or metal frames creates a highly inviting and transparent street level
facade. Retail ground floors shall have between 60% and 80% glazing, as measured
from grade to the underside of the slab above. Colored or mirrored glazing and glass
block are inappropriate.
Upper floors generally employ a different ratio of solid area versus opening area and are
differentiated from the more transparent ground floor by having more solid area than
void area and through the use of smaller, vertically oriented windows in a regular
pattern. Ground levels use can also be differentiated through a change in transparency.
Commercial uses, such as retail, shall be more transparent than smaller office or
residential uses. This change in the pattern of doors, windows, and openings helps to
clarify the various uses for the pedestrian by highlighting the nature of public, semi-
public, and private tenants.
Rhythm
Building facades are comprised of a series of patterns, from the number and spacing of
bays, the number and spacing of floor levels, the disposition of openings and
architectural details, and the arrangement and palette of materials, which create an
inherent rhythm. Symmetry, repeated bays with expressed structural elements, and the
repetition of windows and doors create the essential rhythm of the facade. This rhythm
can be further reinforced by changing materials, patterns, reveals, building setbacks,
façade portions or by using design elements such as column or pilasters, which establish
a legible vertical and horizontal arrangement of the various building elements
comprising the facade.
Vertical Alignment
In vernacular buildings, the expression of the structural system follows traditional
construction patterns. As a result, openings are generally stacked above other openings
and solid areas in the facade are stacked above structural elements. This vertical
alignment, determined primarily by structural requirements, reinforces the “bay”
system and helps to clarify the overall building composition. Setbacks, reveals, and
projections in the vertical plane of the building facade can also serve to enhance the
legibility of this composition.
Horizontal Alignment
As well as following a clear vertical alignment, traditional facades were equally
organized horizontally. As previously described, buildings should be divided into three
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Item 13.
29
distinct components: the Base, the Body, and the Cap. The height of these various
elements should be carefully designed so that there is a general consistency along the
entire streetscape. Dramatic changes in building heights will not be allowed. Within
each building composition, care should be made to align horizontal elements, including
building cornices, sill heights, floor levels, decorative moldings and windows.
Walls
All elevations of buildings that can be seen from public spaces shall be designed as
“fronts.” Street facades should include elements to maintain pedestrian scale and
interest. Architectural details and facade articulation including recesses for outdoor
dining areas, display cases, public art integrated with the building design, and additional
architectural elements and details help create visual interest. Avoid large featureless
facade surfaces by incorporating traditionally sized building components, standard
window sizes, standard brick and siding sizes, trim and details. Blank walls and blind
facades visible from public streets are prohibited.
Columns & Lintels
The columns and lintels derive from the vocabulary of traditional architecture, but can
be abstracted and reinterpreted to incorporate contemporary building techniques.
Although they may be purely ornamental, columns and lintels should be designed and
detailed in character with the traditional construction patterns of the load bearing
buildings of the vernacular architectural styles of central Texas.
Awnings & Canopies
Canopies and awnings shall not be used above the “base” and they shall coordinate with
a horizontal element of the storefront. They shall project at least six feet, so as to
provide shade and shelter to pedestrians. Canopies and awnings of commercial
establishments shall be permitted to encroach over the setback. Canopies and awnings
shall extend horizon-tally from the building and shall be supported by rods, cables or
brackets. The bottom of the canopy and the awning shall be a minimum of eight feet
above the sidewalk.
Canopies of commercial establishments shall be made of wood, metal or glass. Lettering
may be applied to the edges of canopies.
Awnings of commercial establishments shall be made of canvas or synthetic material
having the appearance of canvas. Awnings shall be triangular in section. Awnings may
have side panels, but shall not have a panel enclosing the underside of the awning.
Internal structure of awnings shall be galvanized pipe or extruded aluminum framework.
Awnings shall not be translucent or internally illuminated. Awnings may have lettering
on the valance only.
4. Hotel characteristics are generally set forth below.
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30
Hotel, Full Service. Full Service Hotel developments shall be subject to the following
development standards:
a. External balconies and walkways shall be set back 200 feet from any residential
zoning district.
b. Shall provide management staff on-site 24 hours a day.
c. Shall provide an indoor/outdoor pool and at least three amenities from the list
below:
•
• Spa/Sauna
• Weight Room/Fitness Center
• Playground
• Sports Court
• Game Room
• Jogging Trail
d. Shall provide a full-service restaurant offering three meals a day and room service.
e. Shall provide a minimum total of 20,000 square feet of meeting/event space.
f. No more than five percent of the total number of guest rooms shall have cooking
facilities.
g. All room units must be accessed through an internal hallway, lobby, or courtyard.
h. All rooms shall be a minimum of two hundred (200) square feet.
i. Shall provide integrated, structured parking garage.
D. All utility lines shall be underground from the building to the property line. Utility lines within the
Public & Emergency Access Easement shall be placed underground and relocated to the rear of the site
to the maximum extent practicable.
E. Conditional Development Standards, shall be in accordance with the Zoning Ordinance, as it exists, or
may be amended, except as follows:
1. Mobile Food Vendors - Mobile food vendors are permitted in this planned development, in
accordance with the Conditional Development Standards of the Zoning Ordinance, as is exists or
may be amended, except as follows:
a. Mobile food vendors are not required to be located on property where an existing,
permanent business operates in a building with a Certificate of Occupancy.
b. Mobile food vendors are not required to be located within fifty feet (50’) of an
entrance of a primary building that holds the Certificate of Occupancy, however, they
shall have access to a public restroom.
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Item 13.
31
c. Mobile food vendors may be located on public property other than public street
travel lanes. Order windows shall face outward towards public sidewalk. At no time
shall any part of food truck operations use main lanes without a special use permit
issued by the Town;
d. Mobile food vendors may be located on private property with the written consent of
the owner;
e. Mobile food vendors shall not operate in driveways or fire lanes;
f. Mobile Food vendors cannot remain more than 24 hours and shall return to the
approved commissary.
g. Prior to issuance of a permit, an application shall be submitted to the Development
Services Department and containing any information required by staff to evaluate the
impacts including but limited to location, parking and accessibility.
F. Parking Requirements Based on Use.
In all Sub- Districts, at the time any building or structure is erected or structurally altered, parking spaces
shall be provided in accordance with the following requirements. A mixed-use discount of 20% shall be
applied to the overall development, except for Townhomes, where shared parking is concerned.
Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred fifty (350)
square feet of gross floor area.
Bed and breakfast facility: One (1) space per guest room in addition to the requirements for
normal residential use.
Business or professional office (general): One (1) space per three hundred fifty (350) square
feet of gross floor area.
College or University: One (1) space per each day student.
Community Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus one
additional space for each three hundred (300) square feet of floor area in excess of two
thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area
shall be deducted from the total and additional parking provided on the basis of one (1) space
for each four (4) seats that it contains.
Commercial Amusement: One (1) space per three (3) guests at maximum designed capacity.
Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each
two hundred (200) square feet of floor area thereof.
Dwellings, Multifamily: One (1) space for each bedroom in one (1) and two (2) bedroom units,
plus one half (1/2) additional space for each additional bedroom.
Farmer’s Market, Flea Market: One (1) space for each five hundred (500) square feet of site
area.
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Item 13.
32
Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and
one and one-half (1 'A) spaces for each two beds in off campus projects.
Furniture or Appliance Store, Wholesale Establishments, Machinery or Equipment
Sales and Service, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1)
additional parking space for each four hundred (400) square feet of floor area over one
thousand (1,000).
Health Studio or Club: One (1) parking space per two hundred (200) square feet of exercise
area.
Hospital: One (1) space per employee on the largest shift, plus one and one-half (1.5) spaces per
each bed or examination room, whichever is applicable.
Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each two
hundred (200) square feet of commercial floor area contained therein.
Kindergartens, day schools, and similar child training and care establishments: shall provide
one (1) paved off-street loading and unloading space for an automobile on a through -circular-
drive for each ten (10) students, or one (1) space per ten (10) students, plus one (1) space per
teacher.
Library or Museum: Ten (10) spaces plus one (1) space for every three hundred (300) square
feet, over one thousand (1,000) square feet.
Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet.
Medical or Dental Office: One (1) space per three hundred fifty (350) square feet of floor area.
Nursing Home: One (1) space per five (5) beds and one (1) parking space for each one thousand
(1,000) square feet of lot area for outdoor uses.
Private Club: One (1) parking space for each seventy-five (75) square feet of gross floor area.
Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1)
space per two hundred and fifty (250) square feet of gross floor area.
Restaurant, Restaurant with a Private Club, Cafe or Similar Dining Establishment: One (1)
parking space for each one seventy-five (75) square feet of gross floor area for stand-alone
buildings without a drive-through, and one (1) parking space for each one hundred (100) square
feet of gross floor area for restaurants located within a multi-tenant buildings, and one (1)
parking space for each one hundred (100) square feet for stand-alone buildings with a drive-
through.
School, Elementary, Secondary, or Middle: One and one half (11Y) parking spaces per
classroom, or the requirements for public assembly areas contained herein, whichever is
greater.
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33
School, High School: One and one half (1 'A) parking spaces per classroom plus one (1) space per
five (5) students the school is designed to accommodate, or the requirements for public
assembly areas contained herein, whichever is greater.
Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking
space for each four (4) seats or bench seating spaces.
Townhomes: Minimum of two (2) parking spaces located behind the front building line and two
(2) parking spaces enclosed in the main or an accessory building.
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Item 13.
6/16/2023Prosper Mixed-Use Master Plan
1
PRADERA
Placemaking on the Prairie | Prosper, Texas
PRADERA
EXHIBIT D
FOR SALE CONDOS
200 KEY
HOTEL
PARKING
POND FEATURE
TOWN
SQUARE
[PRAIRIE
GREEN]
PARKING
&
SERVICE DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE
RESTAURANTS
PARKING
RETAIL
RETAIL RETAILOFFICELINEAR PARK RETAILMIXED-USE
RESIDENTIAL
FOR SALETOWN HOMESFOR SALE
TOWN HOMES RETAILRETAIL OFFICERETAILRETAILRETAIL
RETAIL
RESI
CONFERENCECENTERRETAILRETAILRETAILN
C -1
H1
PARKING
POND FEATURE
TOWN
SQUARE
[PRAIRIE
GREEN]
R - 5
R - 2
R - 1 DALLAS NORTH TOLLWAYSHAWNEE TRAILPOND FEATURE
R - 4
R - 6
MU/R - 1
PARKING (RETAIL BELOW)
TH - 5
O – 1
O -2
LINEAR PARK
R - 3
MU/R – 2
MU/R - 3
TH – 1
TH - 4
TH - 3
TH - 2
R - 7
C -2
Town of Prosper Project No: _______
1”: 100’
01 - PRELIMINARY SITE PLAN 02 - PRELIMINARY GROUND PLANE
FOR SALE CONDOS
RESI
Neighborhood Sub-
District
Highway Sub-District
Neighborhood Sub-
District
Highway Sub-District
Z22-0019
Page 158
Item 13.
Lot 1X, Block 1
Alley
Lot 13, Block H
20' MINIMUM
SETBACK
10'
MINIMUM
SETBACK
SHAWNEE TRAIL (FUTURE)PROP. BUILDING
FOOT PRINT
LOT LINE
HIGHWAY ADJACENT
SUB-DISTRICT
COLLECTOR ADJACENT
SUB-DISTRICT
Zoning Application
Job No.: LCI 22030
Date: JUNE 16, 2023
0 30 60 120
Scale: 1"= 60'-0"
OREC - Prosper Mixed Use
Exhibit - D2
30' GAS
EASEMENT
LANDSCAPE BERMS
(3'-6" MIN. HEIGHT)
180'
RIGHT-OF-WAY
EASEMENT
30' DALLAS PRKWY.
SETBACK
RESIDENTIAL
TOWERS
10' MIN. SETBACK
FROM P.L.
MEANDERING TRAIL
10' WIDTH
FUTURE MINOR
THOROUGHFARE
SETBACK
45' WIDTH FROM
C.L. ROAD
100' PARKING
OFFSET FROM
SHAWNEE TRAIL
10' MIN. SETBACK
FROM R.O.W.
B
SHAWNEE TRAIL (FUTURE)POA LOT
POA LOT
POA LOT
POA LOT
POA LOT
POA LOTPOA LOT
POA LOT
C F
POA LOTPOA LOTEDPOA LOT
POA LOT
POA LOT
A
Lot 3, Block C
Lot 4, Block C Lot 2X, Block CLot 4X, Block BLot 3X, Block ELot 6X, Block C
Street
Lot 5X, Block B
Street
Lot 5X, Block C
Street
Lot 5X, Block E
Street
Lot 1, Block F
Lot 2, Block E
Lot 1X, Block E
Lot 4X, Block E
Lot 2X, Block F
Lot 1X, Block G Lot 3X, Block DStreetLot 29X, Block HAlleyLot 10X, Block G
Alley
Lot 2, Block GLot 3, Block GLot 4, Block GLot 6, Block GLot 7, Block GLot 8, Block GLot 28, Block H
Lot 27, Block H
Lot 26, Block H
Lot 25, Block H
Lot 23, Block H
Lot 24X, Block HLot 5X, Block H
Lot 4, Block H
Lot 3, Block H
Lot 2, Block H
Lot 1, Block H
Lot 6, Block H
Lot 7, Block H Lot 22, Block H
Lot 21, Block H
Lot 20, Block H
Lot 8, Block H
Lot 9, Block H
Lot 10X, Block H Lot 19X, Block H
Lot 11, Block H Lot 18, Block H
Lot 17, Block HLot 12, Block H
Lot 13, Block H
Lot 14, Block H Lot 15, Block H
Lot 16, Block H
Lot 1X, Block I
Alley
Lot 2, Block I
Lot 3X, Block I
Street
Lot 4, Block I
Lot 9, Block ALot 8, Block A
Lot 7, Block A Lot 10, Block A
Lot 11, Block A
Lot 12, Block A
Lot 6, Block A
Lot 4, Block A
Lot 5X, Block I
Alley
Lot 3, Block A
Lot13, Block A
Lot 14, Block A
Lot 2, Block A
Lot 1X, Block A Lot 14X, Block A
Alley Lot 1, Block B Lot 2, Block B
Lot 3X, Block B
Lot 2, Block D
Lot 1, Block D
COLLECTOR ADJACENT SUB-DISTRICT HIGHWAY ADJACENT SUB-DISTRICT
BUILDING FOOT PRINT AND
YARD LAYOUTG
0 20 40 80
Scale: 1"= 40'-0"
HIGHWAY ADJACENT SUB-DISTRICT
COLLECTOR ADJACENT SUB-DISTRICT
Lot 5X, Block A
Lot 5X, Block GPage 159
Item 13.
8' UTILITY
EASEMENT
CL
CL
CL PROPERTY LINEPROPERTYLINE12' CLEAR ZONE
DECORATIVE
PAVING
12' CLEAR ZONE
DECORATIVE
PAVING
28' FIRE LANEFOCCURB
BOTH SIDES
BOCFOCSTREET LOT ALLEY SECTION AT TOWNHOMES BOCSTREET TREE
FOC60' STREET LOT SECTION
w/ PARALLEL PRKG
BOTH SIDES
BULB OUT & CURB
BOTH SIDES BEYOND
FOCFOCMEDIAN TREE
STREET TREE STREET TREE
BOULEVARD SECTION
120' STREET LOTFOC FOCFOCFOCFOCFOC13'-6" HT. CLEAR ZONE13'-6" HT. CLEAR ZONE
RETAIL PAD SITE
B
C
D FOC26' FIRE LANE
13' LANE13' LANE
1'-6" LS
BUFFER
1'-6" LS
BUFFER
45' DRIVE
PUBLIC UTILITY EASEMENT
14' LANE14' LANE
60'-0" STREET LOT
6'
SIDEWALK
8'
PARALLEL
PARKING
OR
PLANTER
ISLAND*
8'
PARALLEL
PARKING
35' DRIVE
29' MEDIAN14' LANE
8'
PARALLEL
PARKING
OR
PLANTER
ISLAND*
5'-6"
SIDEWALK 14' LANE
8'
PARALLEL
PARKING
OR
PLANTER
ISLAND*
5'-6"
SIDEWALK
35' DRIVE
26' FIRE LANE26' FIRE LANE
6'
SIDEWALK
10' MIN.
BLDG
SETBACK
AND UTILITY
EASEMENT
10' MIN.
BLDG
SETBACK
AND UTILITY
EASEMENT
10' MIN.
BLDG
SETBACK PROPERTY LINE30'-0" STREET LOT
PROPERTYLINE*NO TREES IN ISLAND; TREES WITHIN SIDEWALK
SUBJECT TO TOWN OF PROSPER APPROVAL
*NO TREES IN ISLAND; TREES WITHIN SIDEWALK
SUBJECT TO TOWN OF PROSPER APPROVAL
26' PUBLIC UTILITY EASEMENT
32' PUBLIC UTILITY EASEMENT
26' PUBLIC UTILITY EASEMENT
8' UTILITY
EASEMENT
8' UTILITY
EASEMENT
Zoning Application
Job No.: LCI 22030
Date: February 13, 2023
0 4'8'16'
Scale: 1/8"= 1'-0"
OREC - Prosper Mixed Use
Exhibit D3 Page 160
Item 13.
CL
PROPERTYLINEPROPERTYLINE26' FIRE LANE FOCFOCFOCFOC88' STREET LOT SECTION w/
ANGLED PRKG BOTH SIDES
E
STREET TREE
67' DRIVE
PUBLIC UTILITY EASEMENT
14' LANE14' LANE
88'-0" STREET LOT
19.5' ANGLED
HEAD-IN PARKING
19.5' ANGLED
HEAD-IN PARKING
10'-0"
SIDEWALK
10'-0"
SIDEWALK
*TREES WITHIN SIDEWALK SUBJECT TO
TOWN OF PROSPER APPROVAL
Zoning Application
Job No.: LCI 22030
Date: February 2, 2023
0 4'8'16'
Scale: 1/8"= 1'-0"
OREC - Prosper Mixed Use
Exhibit D4 Page 161
Item 13.
4770 BRYANT IRVIN COURT, SUITE 200 FORT WORTH, TX 76107
(817) 887-9139 WWW.CORNERSTONEPROJECTSGROUP.COM
Exhibit E – Development Schedule
Below is the anticipated project schedule for the proposed Pradera development in accordance with the submittal checklist.
This schedule is conceptual and subject to change based on permitting, entitlements, and market conditions.
Zoning Award- July 2023
Civil design (on and off site) – 2024
Civil construction – 2025-2026
Building design – 2024-2026
Building construction – 2026-2030
Page 162
Item 13.
Prosper Mixed-Use Master Plan 21/27/2023
01 AERIAL –LOOKING SOUTHEAST
EXHIBIT F
02 AERIAL –LOOKING NORTHWEST 03 PERSPECTIVE –TOWN SQUARE
04 PERSPECTIVE –OVERALL 05 PERSPECTIVE –VIEW FROM OFFICE 06 PERSPECTIVE –MAIN INTERSECTION
Page 163
Item 13.
Prosper Mixed-Use Master Plan 31/27/2023
EXHIBIT F
01 –TOWNHOMES 02 –HOTEL 03 –RETAIL SPACE
04 –MIXED –USE RESIDENTIAL 05 –MIXED –USE RESIDENTIAL / TOWN SQUARE 06 –TOWN SQUARE LOOKING SOUTH
EXHIBIT F
Page 164
Item 13.
Prosper Mixed-Use Master Plan 41/27/2023
EXHIBIT F
04 –NW RETAIL SPACE
01 –CONDOS
EXHIBIT F
06 –OFFICE TOLLWAY VIEW
03 –OFFICE
05 –SE RESTAURANTS
02 –NW RETAIL LOOKING SOUTH
Page 165
Item 13.
Page 1 of 6
To:
Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Specific Use Permit for a Wireless Communications and Support
Structure on Lakewood Preserve, Block A, Lot 1
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Conduct a public hearing to consider and act upon a request for a Specific Use Permit (SUP) for
a Wireless Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on
0.1± acre, located south of East First Street and east of South Coit Road. (ZONE-23-0036)
History:
On November 7, 2023, the Planning & Zoning Commission considered a Specific Use Permit
request (ZONE-23-0021) for a Wireless Communications and Support Structure on this property.
As shown below, the tower was located at the southwest corner of the park property, adjacent to
Coit Road.
PLANNING
Page 166
Item 14.
Page 2 of 6
The Planning & Zoning Commission had concerns about the proposal. Discussion at the meeting
included relocating the tower further away from the street and providing additional screening to
buffer it from the residential property to the south. Public comment in opposition to the request
was also discussed. A motion was made for approval of the request with additional landscape
and irrigation to screen the site, but the motion was denied by a vote of 3 to 4. For this reason,
the applicant chose to withdraw the case prior to going to the Town Council and work with Staff
to revise the plan.
The tower site was moved 450 feet to the east and is located north of the power lines and south
of the tree line. The applicant coordinated with and received approval from the Parks Department
on the new location. The proposed cell tower will not interfere with the current construction project
at the park. Three Live Oaks will be placed to the west and south of the tower enclosure to provide
additional screening. It is the applicant’s responsibility to maintain the required landscaping.
Location of the cell tower:
Description of Agenda Item:
The purpose of this request is to allow construction of a new 105’ Wireless Communication and
Support Structure on a 50-foot by 50-foot area of land within a City park, located south of East
First Street and east of South Coit Road. The tower façade plan shows that four (4) Wireless
Communication antennas could be placed on the structure. The site is located within a City park
and north of a 170-foot wide electric easement. The ground equipment will be screened with a
6-foot CMU wall with a veneer that will be compatible with the design of the park infrastructure.
The specific color and appearance of the veneer will be reviewed and approved by Staff when a
Site Plan is submitted for the construction of the facility. Evergreen shrubs will be planted around
the perimeter of the wall. Towards the end of construction, three Live Oak trees will be planted in
locations determined by the Parks Department to provide additional screening from Coit Road
and the residential property to the south.
Page 167
Item 14.
Page 3 of 6
In 2020, the Town completed a survey on areas of opportunities for wireless communication and
support structures. The goal for this survey was to provide developers areas that were well suited
for such use and to provide a comprehensive plan of communication towers for the Town of
Prosper. These areas are potentially school sites, parks, or town properties. The location of the
proposed tower is identified on this map with an arrow.
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Planned Development-87 City Park (Undeveloped) Low Density Residential
North
Single Family-15 with a
Specific Use Permit (S-44)
for Private Streets
Undeveloped Medium Density
Residential
East Planned Development-90 Undeveloped Parks & Medium Density
Residential
South Planned Development-87 Residential (Developed) Parks & Medium Density
Residential
West Planned Development-6 Residential (Developed) Parks & Medium Density
Residential
Page 168
Item 14.
Page 4 of 6
Site Plan for the development of the enclosure and screening:
View of the tower from Coit Road, with the screening wall and landscape screen:
Page 169
Item 14.
Page 5 of 6
View of the tower from the south, with the screening wall and landscape screen:
The Zoning Ordinance contains the following four (4) criteria to be considered in determining the
validity of a Specific Use Permit request.
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
The site of this cell tower is within a City park and north of a 170-foot Texas Power & Light
Company easement for electric power lines. The proposed tower will blend with the
existing towers and utility lines in the adjacent easement. It is placed within the park
property so as not to affect the trails or amenities.
2. Are the activities requested by the applicant normally associated with the requested use?
All of the proposed improvements are normally associated with a wireless communications
facility.
3. Is the nature of the use reasonable?
A wireless communications facility in this location is reasonable and was previously identified
by the Town in 2020 per the map above.
4. Has any impact on the surrounding area been mitigated?
The applicant has designed a gravel access drive to the cell tower. This construction material
will minimize its visibility and impact to the surrounding park land. There will be a six-foot
screening wall surrounded by approximately 38 Nellie R. Stevens Holly bushes at four feet in
height at the time of planting. Within two growing seasons, the shrubs should reach a height
of six feet. Three Live Oak trees, a minimum three-inch caliper and eight feet in height, will
Page 170
Item 14.
Page 6 of 6
be planted around the facility to screen it from the street and residential neighborhood to the
south. The mature height of these trees is approximately 40 feet to 50 feet.
In conclusion, Staff believes the applicant has satisfied the criteria and recommends approval of
the request.
Future Land Use Plan – The Future Land Use Plan recommends the property develop as a Park.
Thoroughfare Plan – This facility has access to Coit Road.
Parks Master Plan – The facility is within a City Park.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. During the Public
Hearing held at the Planning & Zoning Commission meeting on January 2, 2024, a citizen spoke
in opposition to the proposal.
Attached Documents:
1. Aerial and Zoning Maps
2. Exhibit A – Survey
3. Exhibit B – Site Plan
4. Exhibit C – Landscape & Screening Plan
5. Exhibit D – Façade Plan
Town Staff Recommendation:
Town Staff recommend approval of a Specific Use Permit (SUP) request for a Wireless
Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on 0.1± acre,
located south of East First Street and east of South Coit Road. The Planning & Zoning
Commission recommended approval of this item (4-0) at its meeting on January 2, 2024.
Town Council Public Hearing:
I move to approve/deny the request for a Specific Use Permit (SUP) request for a Wireless
Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on 0.1± acre,
located south of East First Street and east of South Coit Road.
Page 171
Item 14.
0 150 30075
Feet MEADOW BR O O K B L V D
MANCHESTER AVE
NOCONA
DR
PALO DURO
DRLOST CREEK DRCOITFM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Specific Use Permit
ZONE-23-0036
Lakewood Park Cell Tower
This map for illustration purposes only
Page 172
Item 14.
0 150 30075
Feet
PD-6
SF-10
PD-87
SF
FM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
Specific Use Permit
ZONE-23-0036
Lakewood Park Cell Tower
This map for illustration purposes only
Page 173
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Item 14.
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: Bid Award: Legacy Drive (Prairie – First) – 4 Lanes
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon awarding CSP No. 2024-10-B to Zachry Construction Corporation, related to
construction services for the Legacy Drive (Prairie – First) – 4 Lanes project; and authorizing the
Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On December 15, 2023, at 3:00 PM, four (4) Competitive Sealed Proposals were received for the
Legacy Drive (Prairie – First) – 4 Lanes project. The project includes the construction of 2 and 4 lane
sections of Legacy Drive from Scarlett Drive to First Street along with median landscape & irrigation
improvements on Legacy Drive from Prairie Drive to First Street. This work also includes but is not
limited to excavation, embankment, moisture conditioning, subgrade, concrete pavement, bridge
construction, storm drainage, and water mains. This project will complete the connection of 4 lanes
of Legacy Drive between US 380 and First Street.
The project was advertised using the Competitive Sealed Proposal Construction alternative
procurement method to allow the Town to award the projects to the contractor that offers the best
value proposal based on the following criteria, which includes recently revised standard percentages
based on direction from the Town Council:
Qualifications and Experience (10%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (25%)
Cost Proposal (65%)
ENGINEERING
SERVICES
Page 182
Item 15.
Page 2 of 2
The verified proposal totals ranged between $9,146,215.80 and $10,734,386.85. The Engineer's
Estimate was $9,700,000.00. The proposal’s final completion times ranged from 205 calendar days
to 395 calendar days. Zachry Construction Corporation was the firm that ranked the highest after
consideration of Costs, Time, and Qualifications with a cost of $9,146,215.80, and a project timeline
of 243 calendar days. The contractor that provided the proposal with the lowest timeline had a cost
of $9,867,454.90. Zachry Construction Corporation has not performed a project for the Town of
Prosper but has successfully completed similar projects for the City of Denton, City of Frisco, and
currently working on US 380 for the Texas Department of Transportation. Staff checked the
references provided and received positive feedback.
Budget Impact:
The cost for the construction of the project is $9,146,215.80. The construction budget for the project
is $10,000,000 in Account No. 750-6610-10-00-2143-ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attachments:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award CSP No. 2024-10-B to Zachry Construction
Corporation, related to construction services for the Legacy Drive (Prairie – First) – 4 Lanes project;
and authorizing the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award CSP No. 2024-10-B to Zachry Construction Corporation, related to construction
services for the Legacy Drive (Prairie – First) – 4 Lanes project; and authorize the Town Manager to
execute a construction agreement for same.
Page 183
Item 15.
LOCATION MAP Legacy Drive Prairie Drive to First Street First Street Legacy Drive Prairie Drive Page 184Item 15.
TOWN OF PROSPER
PROPOSAL TABULATION SUMMARY
Solicitation Number
Solicitation Title
Close Date
Responding Supplier City State Response Submitted Response Total Total Days
Zachry Construction Corporation Grand Prairie TX 12/15/2023 01:41:58 PM (CT)$9,146,215.80 243
Mario Sinacola & Sons Excavating, Inc.Frisco TX 12/15/2023 01:36:14 PM (CT)$9,407,172.99 300
Urban Infraconstruction LLC FORT WORTH TX 12/15/2023 01:33:24 PM (CT)$9,867,454.90 205
Tiseo Paving Co.Mesquite TX 12/15/2023 11:58:59 AM (CT)$10,734,386.85 395
Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:December 15, 2023
Purchasing Manager
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a
comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the
responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project
specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be
available for inspection at that time.
CSP No. 2024-10-B
Legacy Drive (Prairie-First) 2143-ST
12/15/2023 @ 2:00PM
Page 185
Item 15.
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CSP NO: 2024-10-B 2143-ST Legacy (Prairie – First) – 4 lanes
(Document Version 05/22)
14
TECHNICAL SPECIFICATIONS
TS.01: PAY ITEM DESCRIPTIONS: The pay item descriptions contained on the following pages are incorporated
into this Contract’s technical specifications.
TS.02: GENERAL: The Owner utilizes the current editions of Public Works Construction Standards – North Central
Texas published by the North Central Texas Council of Governments (NCTCOG) and Standard Specifications
for Construction and Maintenance of Highways, Streets, and Bridges published by the Texas Department of
Transportation (TxDOT). Please reference the Construction Plans for all other technical specifications not
contained herein.
Page 199
Item 15.
TECHNICAL SPECIFICATIONS - PAY ITEM DESCRIPTIONS
General
Any and all Work specifically called for in the Contract Documents or which is required for the
proper construction of items called for in the Contract Documents is to be performed by Contractor
unless specifically indicated otherwise. The cost of all work for which there is no separate
pay item in the proposal shall be included in the price for a related pay item such that work
called for or required by the Contract Documents will be constructed for the Contract Price.
The following descriptions of certain pay items are intended to clarify the nature of the work
required for this project. The provisions of the standard specifications shall apply, except as
otherwise noted herein.
Each pay item includes all labor, materials, equipment and incidentals necessary to construct that
item. The contract shall be awarded based on the "TOTAL BID" for the funding that the Town
has budgeted.
Pay Item 1 – Mobilization and Move-In Not to Exceed Five-Percent (5%)
The work under this item shall include the establishment of offices and other facilities on the
project site and the movement of personnel, construction equipment and supplies to the project
site or to the vicinity of the project site in order to enable the CONTRACTOR to begin work on the
contract. The cost of all bonds and insurance for the project will also be considered part of this
specification.
Mobilization shall be measured as a lump sum item as the work progresses. The maximum bid
amount for this item shall not exceed 5% of total bid amount for the project. Partial
payments for mobilization shall be paid for at the Total Unit Price as shown in the bid proposal
with the regular monthly estimates as follows: The adjusted contract amount for construction
items as used below is defined as the total contract amount less the lump sum bid for Mobilization.
a.When 1% and less than 5% of the adjusted contract amount for construction items is
completed, 50% of the mobilization lump sum bid will be paid.
b.When 5% and less than 10% of the adjusted contract amount for construction items is
completed, 75% of the mobilization lump sum bid will be paid. Previous payments
under this section will be deducted from this amount.
c.When 10% or more of the adjusted contract amount for construction items is
completed, 95% of the mobilization lump sum bid will be paid. Previous payments
under this section will be deducted from this amount.
d.Payment for the remainder of the lump sum bid for “Mobilization” will be made on the
final estimate.
Mobilization shall encompass cost for the entire project. The CONTRACTOR will be expected to
work continuously regardless of franchise utility relocations and phasing. If the CONTRACTOR
stops work for any reason and remobilizes, the cost of remobilization will be at the
CONTRACTOR’S expense.
CSP NO: 2024-10-B 2143-ST Legacy (Prairie – First) – 4 lanes
(Document Version 05/22)
15 Page 200
Item 15.
Measurement and payment shall be based on the lump sum bid price of mobilization and shall be
full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 2 – General Site Preparation (Including Tree Removal)
This pay item shall consist of all work associated with providing General Site Preparation for the
project and shall be performed in accordance with NCTCOG Item 203.1.
Unless indicated otherwise with a specific pay item, all removals of any item within the limits of
the project that are not specifically called out to remain will be considered subsidiary to this item.
Subsidiary items include, but are not limited to: trees, fences, gates, concrete pavement,
pavement markers and markings (existing, and temporary), signage, asphalt, gravel, base, rock
riprap, headwalls, wingwalls, walls, junction boxes, flumes, manholes, inlets, storm drain culverts
and pipes, bollards, pavers, any concrete under pavers in the median, any concrete within the
medians, handrails, metal beam guard fence, mow strips, landscaping, entry features, gutter
drains, poles, foundations, fire hydrants and associated piping, blocking and valves, lighting
poles/fixtures/foundations, conduit (lighting and signal), irrigation facilities, franchise utility
markers, abandoned franchise utilities, etc.
This pay item shall include all necessary labor, materials, and supervision to remove existing
reinforced concrete pavement (all thicknesses). Work shall include but is not limited to: sawcutting
of existing pavement, concrete demolition, and concrete disposal. Jack Hammer method will not
be allowed adjacent to residential areas.
Unless indicated otherwise with a specific pay item, all adjustments of any existing appurtenance
within the limits of the project that are not specifically called out to remain will be considered
subsidiary to this item. Subsidiary items include, but are not limited to: existing water valves, water
meters, manholes, gas valves, gas meters, ground boxes, irrigation facilities, franchise utility
appurtenances, and any other appurtenances to finished grade.
If CONTRACTOR damages any item not designated to be removed within the limits of
construction, it must be restored to equal or better condition at the CONTRACTOR’S cost.
Abandonment and removal of existing water lines, and all appurtenances are subsidiary.
This pay item shall include tree protection in accordance with Town requirements.
Measurement and payment shall be based on the lump sum bid price of General Site Preparation
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work.
Pay Item 3 – Unclassified Street Excavation, Grading, and Haul Off
This pay item shall consist of all work associated with providing Unclassified Street Excavation
for the project and shall be performed in accordance with NCTCOG Item 203.2.
The bid total was determined through calculations and will be used for determining final quantity
for payment purposes. Contract adjustment may be made if the actual measured quantity varies
by more than 10% of the total estimated bid quantity amount. Either the OWNER or the
CONTRACTOR may initiate the adjustment. If the adjustment is requested by the
CONTRACTOR, the CONTRACTOR must obtain field measurements and calculations
CSP NO: 2024-10-B 2143-ST Legacy (Prairie – First) – 4 lanes
(Document Version 05/22)
16 Page 201
Item 15.
acceptable to the OWNER justifying the actual quantity. If the adjustment is made by the OWNER,
the revised quantity will constitute the final quantity which payment will be made.
This item shall include all excavation required for the proposed outfall grading for the project.
Refer to Geotechnical Engineering Study prepared by CMJ Engineering on March 2023 for
additional information for material and compaction requirements.
Measurement and payment shall be for the unit price bid per cubic yard of excavation and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 4 – Embankment, Including Delivery, Placing, and Compaction (Roadway)
(Density Control)
This pay item shall consist of all work associated with providing Embankment/Borrow for the
project and shall be performed in accordance with NCTCOG Items 203.4 and 203.5. Embankment
shall consist of the placement and compaction of all suitable materials obtained from excavation,
borrow or any other approved excavation.
The bid total was determined through calculations and will be used for determining final quantity
for payment purposes and includes the total borrow required for the project (not net). If quantity
adjustment is requested by the Contractor, the Contractor must obtain field measurements and
calculations justifying the actual quantity.
This item shall include all embankment required for the proposed outfall grading for the project.
Refer to Geotechnical Engineering Study prepared by CMJ Engineering on March 2023 for
additional information for material and compaction requirements.
Measurement and payment shall be for the unit price bid per cubic yard of embankment and shall
be full compensation for all labor, materials, compaction, hauling, dewatering, testing and
incidentals necessary to complete the work.
Pay Item 5 – Pulverize, Mix, and Compact 12” Lime Stabilized Subgrade
This pay item shall consist of all work associated with providing Lime Stabilized Subgrade for the
project and shall be performed in accordance with NCTCOG 301.2, plans, details, and general
notes.
Refer to Geotechnical Engineering Study prepared by CMJ Engineering on March 2023 for
additional information for material and compaction requirements.
Measurement and payment shall be for the unit price bid per square yard of Lime Stabilized
Subgrade and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 6 – Hydrated Lime (72 LBS/SY) for Subgrade Treatment
This pay item shall consist of all work associated with providing Hydrated Lime for the project and
shall be performed in accordance with NCTCOG Item 301.2, plans, details, and general notes.
CSP NO: 2024-10-B 2143-ST Legacy (Prairie – First) – 4 lanes
(Document Version 05/22)
17 Page 202
Item 15.
Measurement and payment shall be for the unit price bid per ton of Hydrated Lime and shall be
full compensation for furnishing the material; for all freight involved; for all unloading, storing
handling, and mixing; and for all labor, equipment, fuels, tools, and incidentals necessary to
complete the work.
Pay Item 7 – Construct 9” Reinforced Concrete Pavement w/ 6” Mono Curb (Street) (Class
P1 or P2)
This pay item shall consist of all work associated with providing Portland Cement Concrete
Pavement for the project and shall be performed in accordance with NCTCOG Item 303 and
305.1, plans, details, and general notes.
Payment for this item shall include, but is not limited to: formwork, reinforcing, concrete, finishing,
curing, joints, sealants, special finishes if required, additional samples, testing and all
appurtenances.
Measurement and payment shall be for the unit price bid per square yard of concrete pavement
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work.
Pay Item 8 –Excavate, Rework, and Compact Moisture Treated Subgrade (72”)
This pay item shall consist of all work associated with excavating, reworking, and compacting
moisture treated subgrade for the project and shall be performed in accordance with NCTCOG
Item 203.2, 203.4, and 203.5, plans, details, and general notes.
Refer to Geotechnical Engineering Study prepared by CMJ Engineering on March 2023 for
additional information for material and compaction requirements.
Measurement and payment shall be based on the price bid per square yard of moisture treated
subgrade and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 9 – Furnish and Install Polysheeting Moisture Barrier
This pay item shall consist of all work associated with providing Polysheeting Moisture Barrier for
the project and shall be performed in accordance with plans and Detail P01, plans, details, and
general notes.
The moisture barrier shall be placed after any improvements that may impact the barrier (i.e.
landscaping, irrigation, conduit, etc.).
Measurement and payment shall be based on the price bid per square yard of Polysheeting
Moisture Barrier and shall be full compensation for all labor, materials, and incidentals necessary
to complete the work.
Pay Item 10-11 – Construct Reinforced Concrete Pavement (Trail) (3500 PSI)
This pay item shall consist of all work associated with providing Concrete Trails for the project
and shall be performed in accordance with NCTCOG Item 305.2, plans, details, and general
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notes. All trails must meet or exceed the minimum requirements of the Texas Department of
Licensing and Regulation for Texas Accessibility Standards (TAS).
Connections to existing trails and lug to adjacent curbs shall be considered subsidiary to this pay
item.
Measurement and payment shall be based on the price bid per square yard of Concrete Trails
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work.
Pay Item 12 – Construct Concrete Driveway (9” Reinf on Compacted Subgrade)
This pay item shall consist of all work associated with providing Concrete Driveways for the project
and shall be performed in accordance with NCTCOG Item 305.2, plans, details, and general
notes.
Payment for this item shall include, but is not limited to: formwork, subgrade compaction, cushion
sand bedding, reinforcing, concrete, finishing, curing, joints, sealants, special finishes if required,
additional samples, testing and all appurtenances.
Measurement and payment shall be based on the price bid per square yard of Concrete
Driveways and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 13 – Construct 8" Flexbase With Geogrid (Driveways/Headers) (Ty A, Grade 1 Or
2)(Includes Excavation)
This pay item shall consist of all work associated with providing flexbase for the project and shall
be performed in accordance with TxDOT item 247, plans, details, and general notes.
Geogrid shall be installed per manufacturers specifications and requirements.
Measurement and payment shall be for the unit price bid per square yard of flexbase complete in
place, to the depth required and shall be for full compensation for all necessary equipment, water,
labor, materials, and supervision to install flexible base and geogrid. Excavation is subsidiary to
this item.
Pay Item 14-15 – Barrier Free Ramps (All Types)
This pay item shall consist of all work associated with providing Barrier Free Ramps for the project
and shall be performed in accordance with NCTCOG Item 305.2, and TxDOT detail PED-18. All
ramps must meet or exceed the minimum requirements of the Texas Department of Licensing
and Regulation for Texas Accessibility Standards (TAS).
Contractor shall not install curbs along sides of ramp. Parkway grading to slope minimum 0.50%
towards street to maintain positive drainage. Roadway curb on either side shall have a typical 5-
foot taper to transition from the standard 6-inch curb height to be flush with ramp.
Prior to installation, Contractor shall verify the locations of barrier free ramps with the OWNER.
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Payment for this item shall include, but is not limited to: formwork, reinforcing, concrete, finishing,
curing, joints, sealants, detectable warning surface, special finishes if required, additional
samples, testing and all appurtenances.
Measurement and payment shall be based on the price bid per each Barrier Free Ramp and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 16 – Furnish and Install Metal Beam Guard Fence Transition (TL-3) and Construct
Mow Strip
This pay item shall consist of all work associated with providing Guard Fence Transition for the
project and shall be performed in accordance with plans, details, and TxDOT Item 540.
This pay item shall also consist of all work associated with provided concrete mow strip (4”) for
the project associated with guard fence transition in accordance with plans, details, and TxDOT
Item 432.
Measurement and payment shall be for the unit price bid per each Guard Fence Transition,
installed and complete and shall be full compensation for all labor, materials, and incidentals
necessary to complete the work.
Pay Item 17 – Furnish and Install Guardrail End Treatment and Construct Mow Strip
This pay item shall consist of all work associated with providing Guardrail End Treatment for the
project and shall be performed in accordance with plans, details, and TxDOT Item 544.
This pay item shall also consist of all work associated with provided concrete mow strip (4”) for
the project associated with guardrail end treatment in accordance with plans, details, and TxDOT
Item 432.
Measurement and payment shall be for the unit price bid per each Guardrail End Treatment,
installed and complete and shall be full compensation for all labor, materials, and incidentals
necessary to complete the work.
Pay Item 18 – Furnish, Install, and Maintain Barricades, Signs, and Implement Traffic
Handling
This pay item shall consist of all work associated with providing Traffic Control for the project and
shall be performed in accordance with TxDOT Item 502.
This item shall consist of all the work, labor, equipment, materials, and superintendence
necessary to furnish, install, operate, maintain, erect, remove traffic control devices including, but
not limited to: signage, delineators, lights, barricades, temporary asphalt pavement, detours,
pavement markings, etc.
CONTRACTOR shall maintain a smooth and safe riding surface for all vehicles and pedestrians
along the route of the project. All temporary riding surfaces for detours, temporary pavement
repairs, utility cuts/repairs, and temporary driveway connections shall be considered subsidiary.
Temporary riding surfaces include but are not limited to: asphalt pavement, steel plates, and steel
plate bridging. If condition of the street surface deteriorates, for any reason, CONTRACTOR shall
take necessary steps to ensure immediate restoration (no separate pay).
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If CONTRACTOR wishes to deviate from the supplied traffic control plan narrative,
CONTRACTOR will be required to submit a detailed traffic control plan and detour plan complying
with the requirements included in the Contract Documents prior to the Pre-Construction meeting,
and update it with every deviation. Traffic control plan and detour plan must be prepared by an
engineer or individual certified in proper temporary traffic control (TTC) practices. OWNER may
request verification of such certification. No separate pay for preparation of the traffic control plan
or detour plan.
If, at any time during construction or in the opinion of the OWNER, the CONTRACTOR’S
proposed plan of operation for handling traffic does not provide for safe, comfortable movement,
the CONTRACTOR shall immediately change its operations to correct the unsatisfactory condition
at their cost.
Barricades and signs shall be placed in such a manner as to not interfere with the sight distance
of drivers entering the highway from driveways or side streets. To facilitate shifting, barricades
and signs used in lane closures or traffic staging may be erected and mounted on portable
supports. The designs of these supports shall be in compliance with current TxDOT and Texas
MUTCD standards and are subject to the approval of the OWNER.
Detours are not anticipated or shown in the plans. CONTRACTOR shall provide up to two (2)
detour plans at the request of the OWNER (no separate pay).
The use of temporary asphalt pavement transitions shall be considered subsidiary to the traffic
control plan (no separate pay).
Measurement and payment shall be based on the lump sum bid price of barricades, signs, and
traffic handling and shall be full compensation for all labor, materials, and incidentals necessary
to complete the work.
Pay Items 19-25 – Reflective Pavement Markings Type I & Type II
The work under this pay item shall include but not be limited to all labor and materials necessary
to furnish and install thermoplastic striping as indicated on the plans. All labor, materials, and
incidentals related to surface preparation shall be considered subsidiary to these items. No
separate pay item shall be included for surface preparation for sealer, where required. Removal
of all existing pavement markings as shown on the plans shall be considered subsidiary to all
other pavement marking pay items. No separate pay item shall be included for removal of existing
pavement markings. All pavement markings shall be installed per the plans and shall be in
accordance with TxDOT Item 666 “Reflectorized Pavement Markings.”
Measurement and payment shall be on the basis of the unit price bid per linear foot of furnishing
and installing thermoplastic striping and per each for thermoplastic words and arrows and shall
be full compensation for all labor, equipment, materials, tools, and incidentals necessary to
perform the work.
Pay Items 26-27 – Raised Pavement Markers
The work under this pay item shall include but not be limited to all labor and materials necessary
to furnish and install Raised Pavement Markers as indicated on the plans. All labor, materials,
and incidentals related to surface preparation shall be considered subsidiary to these items. No
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separate pay item shall be included for surface preparation. Removal of all existing pavement
markings shall be considered subsidiary to all other pavement marking pay items. No separate
pay item shall be included for removal of existing pavement markings. All raised pavement
markers shall be installed per the plans and shall be in accordance with TxDOT Item 672 “Raised
Pavement Markers”. All Temporary Pavement Markings shall be considered subsidiary to the
Traffic Control item.
Measurement and payment shall be based on the price bid per each Raised Pavement Marker
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work.
Pay Item 28 – Furnish and Install New Sign and Sign Post Assembly
This pay item shall consist of all work associated with providing Sign and Sign Post Assemblies
for the project and shall be performed in accordance with TxDOT Item 644, current Texas MUTCD
standards, and the details included in the plans. This work shall include all necessary labor and
materials to furnish and install all new standard signs, supports, foundations, and assemblies at
the locations deemed necessary by the Town. All additional signage required during traffic control
shall be considered subsidiary to the Barricades, Signs, and Traffic Handling pay item. New Street
Name blades shall also be furnished and installed if they are within the limits of construction and
require relocation.
Prior to installation of new signage, CONTRACTOR shall stake locations for OWNER approval.
Existing signage to be removed shall be salvaged and returned to the OWNER (no separate pay).
In addition to the quantity shown in the plans, an allowance of 5 additional Sign and Sign Post
Assemblies have also been included in the bid quantity. The allowance quantity shall only be used
when directed by the owner.
Measurement and payment shall be based on the bid price per each Sign and Sign Post Assembly
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work. Multiple signs on a single post are measured as one (1) sign and any sign(s) on multiple
posts are measured as one (1) sign.
Pay Item 29 – Furnish, Install, and Maintain Project Sign
The CONTRACTOR shall supply up to TWO (2) project signs for the project in accordance with
Town requirements and standards. The layout of the sign shall be submitted to the Town for
review and approval prior to ordering. Coordinate with the OWNER for additional project sign
details.
Measurement and payment shall be based on the price bid per each project sign and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 30 – Furnish and Install Permanent Type III Barricade
This pay item shall consist of all work associated with providing permanent Type III Barricade for
the project and shall be performed in accordance with TxDOT Item 644, current Texas MUTCD
standards, and the details included in the plans. This work shall include all necessary labor and
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materials to furnish and install all new standard signs, supports, foundations, and assemblies at
the locations deemed necessary by the Town.
This item shall include required sandbags to anchor barricade in location and mounted sign. All
rails to be high-density polyethylene (HDPE), I-Beam, 0.7 lb/ft maximum with 8-inch signal
thickness web and hollow core flange. All supports to be 1-3/4” square 14-gauge galvanized post.
Barricades shall be design and constructed to the standards of the compliant work zone traffic
control device list. Diagonal striping shall be placed in a manner that directs traffic in the
appropriate direction of travel.
Prior to installation of new signage, CONTRACTOR shall stake locations for OWNER approval.
Measurement and payment shall be based on the bid price per linear foot of Type III Barricade
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work. Multiple signs on a single post are measured as one (1) sign and any sign(s) on multiple
posts are measured as one (1) sign.
Pay Item 31 – Connect Prop 18” RCP to Ex 18” RCP
The work under this Item shall consist of all work associated with connections to existing storm
drain lines or structures for the project as indicated on the plans and in accordance with NCTCOG
Items 501.6 and 508, plans, details, and general notes.
This pay item includes connections to existing pipe, temporary plugs, and installation of concrete
collars at pipe connections. This includes connections to all pipe materials, including but not
limited to reinforced concrete pipe, HDPE, corrugated metal pipe, and PVC.
Measurement and payment shall be for the unit price bid per each connection and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 32-36 – RCP Class III (All Sizes)
This pay item shall consist of all work associated with providing RCP Class III Pipe for the project
and shall be performed in accordance with NCTCOG Items 501.6 and 508, plans, details, and
general notes.
All RCP shall be Class III unless specified otherwise. Wye connections, bends, connections to
existing/proposed RCP/RCB, and connections to drainage structures/retaining walls shall be
considered incidental to this item.
Unless otherwise noted all reinforced concrete pipe shall be pre-cast.
Measurement and payment shall be based on the bid price bid per linear foot of reinforced
concrete pipe and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 37 – Construct 5’X5’ Drop Inlet and Apron
This pay item shall consist of all work associated with providing Drop Inlets for the project and
shall be performed in accordance with NCTCOG Item 502.12, plans, details, and general notes.
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Payment for this item shall include, but is not limited to: formwork, reinforcing, concrete, finishing,
curing, joints, sealants, additional samples, backfill material, testing and all appurtenances.
Measurement and payment shall be based on the bid price per each Drop Inlet and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Items 38-40 – Recessed Curb Inlet (All Sizes)
This pay item shall consist of all work associated with providing Recessed Curb Inlets for the
project and shall be performed in accordance with NCTCOG Item 502.12, plans, details, and
general notes.
Payment for this item shall include, but is not limited to: formwork, reinforcing, concrete, finishing,
curing, joints, sealants, additional samples, backfill material, testing and all appurtenances.
Measurement and payment shall be based on the bid price per each Recessed Curb Inlet and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 41 – Construct 5’x5’ Type II Junction Box
This pay item shall consist of all work associated with providing Headwalls and Wingwalls for the
project and shall be performed in accordance with NCTCOG Item 502.12, plans, details, and
general notes.
Payment for this item shall include, but is not limited to: formwork, reinforcing, concrete, finishing,
curing, joints, sealants, additional samples, riser, manhole, ring, cover, backfill material, testing
and all appurtenances.
Measurement and payment shall be for the unit price bid per each Junction Box and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 42-44 – Construct TxDOT Headwall (All Sizes)
This pay item shall consist of all work associated with providing Headwalls and Wingwalls for the
project and shall be performed in accordance with TxDOT Item 466.
Payment for this item shall include, but is not limited to: formwork, reinforcing, concrete, finishing,
curing, joints, sealants, additional samples, backfill material, testing and all appurtenances.
Measurement and payment shall be for the unit price bid per each headwall and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 45 – Prepare and Implement Trench Excavation Protection (Storm System)
This pay item shall consist of all work associated with providing Trench Excavation Protection for
the project and shall be performed in accordance with NCTCOG Item 107.20.3, plans, details,
and general notes.
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Measurement and payment shall be for the unit price bid per linear foot of Trench Excavation
Protection and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 46 – Prepare and Implement Storm Water Pollution Prevention Plan
This pay item shall consist of all work associated with providing Site Protection and Temporary
Erosion Sedimentation and Water Pollution Prevention and Control for the project and shall be
performed in accordance with NCTCOG Items 201 and 202.
It shall be the full responsibility of the CONTRACTOR to acquire and comply with any and all
permits as may be required to avoid delay of the Project. No separate payment will be made for
this item and it will be considered subsidiary to the other items bid.
Every soil disturbing activity shall have at minimum an accompanying Erosion Control Plan
(“ECP”). Those activities disturbing one or more acres shall require preparation of a Storm Water
Pollution Prevention Plan (“SWP3”).
As necessary, the CONTRACTOR shall prepare and provide a SWP3 prior to construction. The
cost to the CONTRACTOR for the preparation of the SWP3 shall be included in the unit price bid
for Temporary Erosion, Sediment and Water Pollution Control and SWP3. The SWP3 shall be
prepared in accordance with the Texas Commission on Environmental Quality (“TCEQ”)
Construction General Permit TXR150000 and shall also comply with Federal storm water
management regulations. The plan shall employ measures to prevent erosion and siltation caused
by, or arising out of the construction disturbance from reaching streambeds, channels, storm
water structures, ponds, etc. The plan shall follow the OWNER “Erosion and Sediment Control
Manual” and employ recommendations of the “iSWM™ Design Manual for Construction”
published by NCTCOG. In the event of a conflict between these manuals and Federal and State
pollution control laws, rules, and regulations or other Federal, State or Local agency laws, rules,
and regulations, the more restrictive shall apply. The release of the plan for construction by the
OWNER in no way relieves the CONTRACTOR of any responsibility and liability for the pollution
control.
Erosion control measures to be incorporated in the ECP and/or SWP3 are detailed in the
construction Plans and are included in this Contract as separate pay items. The bid items for the
temporary erosion control items include the installation, maintenance (throughout the Project
duration) and removal of these items.
For activities disturbing one or more acres, the appropriate Construction Site Notice (“CSN”) shall
be completed and posted prior to commencement of activities. For activities disturbing five or
more acres, it is required that a Notice of Intent (“NOI”) be prepared and submitted to TCEQ prior
to commencement of activities. A copy of the NOI and/or appropriate CSN shall be provided to
the OWNER prior to issuance of a grading permit. The ECP shall be provided to OWNER’s
Erosion Control Officer prior to grading.
The appropriate CSN shall be posted in a location viewable to the public. If the activity requires
NOI submittal, the Letter of Acknowledgement (upon receipt) shall be posted with the CSN. These
shall remain posted until construction is complete and Notice of Termination (“NOT”) submitted.
The SWP3 shall be readily available for review by Federal, State, or local officials.
No soil disturbing activities will occur until the following have been implemented:
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(a)SW3P (if appropriate) is signed by both the CONTRACTOR and OWNER
(b)OWNER submits NOI to the State (if appropriate)
(c)CONTRACTOR submits NOI to the State (if appropriate)
(d)CSN/Letter of Acknowledgement (as appropriate) posted on site and viewable to the
public
(e)SW3P, ECP, and associated Best Management Practices (“BMPs”) being fully
implemented and inspected by Town Inspector
When the above items have been approved the OWNER’s Erosion Control Officer the OWNER
will issue the second Notice to Proceed.
The CONTRACTOR shall comply with the OWNER’s Storm Water Ordinance, General Notes,
NCTCOG’s iSWM™ Design Manual for Construction, the TPDES General Construction Permit
TXR150000 and any other State and/or Local regulations.
The site shall be reviewed by the CONTRACTOR or his representative weekly, and after any
major storm. Adjustments/repairs to the erosion control measures will then be made as needed
and inspected and approved by OWNER’s Erosion Control Officer. Any changes to the ECP must
be incorporated into the SWP3 as appropriate. Changes to the SW3P shall include date of
change and reason for modification.
Final acceptance of a site shall be contingent upon vegetation being established per the TPDES
General Construction Permit TXR150000, and a proper NOT submitted to the State. A copy of
the NOT shall be provided to the OWNER. Until such final acceptance of the erosion control has
been determined, the OWNER shall withhold half of the retainage as described in the Progress
Payments and Retainage section of the Contract Documents.
Measurement and payment shall be based on the lump sum bid price of Storm Water Pollution
Prevention Plan and shall be full compensation for all labor, materials, and incidentals necessary
to complete the work.
Pay Items 47 – Furnish, Install, Maintain, and Remove Rock Check Dam
This pay item shall consist of all work associated with providing Rock Check Dam for the project
and shall be performed in accordance with NCTCOG Item 202.9, plans, details, general notes,
and recommendations of the “iSWM™ Design Manual for Construction” published by NCTCOG.
Measurement and payment shall be based on the price bid per each Rock Check Dam and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Items 48 – Furnish, Install, Maintain, and Remove Sediment Control Fence
This pay item shall consist of all work associated with providing Sediment Control Fence for the
project and shall be performed in accordance with NCTCOG Item 202.5, plans, details, general
notes, and recommendations of the “iSWM™ Design Manual for Construction” published by
NCTCOG.
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Measurement and payment shall be based on the price bid per linear foot of Sediment Control
Fence and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Items 49 – Furnish, Install, Maintain, and Remove Inlet Protection
This pay item shall consist of all work associated with providing Inlet Protection for the project and
shall be performed in accordance with NCTCOG Item 202.14, plans, details, general notes, and
recommendations of the “iSWM™ Design Manual for Construction” published by NCTCOG.
Measurement and payment shall be based on the price bid per each Inlet Protection and shall be
full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 50 – Furnish, Install, Maintain, and Remove Erosion Control Log
This pay item shall consist of all work associated with providing Erosion Control Logs for the
project and shall be performed in accordance with NCTCOG Item 202.18, plans, details, general
notes, and recommendations of the “iSWM™ Design Manual for Construction” published by
NCTCOG.
Measurement and payment shall be based on the price bid per linear foot of Erosion Control Log
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work.
Pay Item 51 – Furnish, Install, Maintain, and Remove Stabilized Construction Entrance
This pay item shall consist of all work associated with providing Stabilized Construction
Entrances/Exits for the project and shall be performed in accordance with NCTCOG Item 201.11,
plans, details, general notes, and recommendations of the “iSWM™ Design Manual for
Construction” published by NCTCOG.
This item shall include, but not be limited to: grading, filter fabric, stone, maintenance, and all
appurtenances.
Contractor shall be responsible to locate construction entrances/exits and include the construction
entrances/exits in the SWPPP for the project.
Additional construction entrances deemed necessary by the Contractor shall be subsidiary to this
item.
Measurement and payment shall be for the unit price bid per each Stabilized Construction
Entrance/Exit and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 52 – Furnish and Install Dry Stone Ungrouted Riprap (Protection) (18”) (Storm
System) (Includes Excavation)
This pay item shall consist of all work associated with providing riprap for the project and shall be
performed in accordance with TxDOT Item 432, plans, details, and general notes.
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Item 15.
All riprap shall include bedding stone for protection of riprap. This pay item shall include furnishing,
hauling, placing, and maintaining the bedding material until placement of the riprap cover is
completed and accepted; excavation required for placement of bedding material; and equipment,
scales, test weights, labor, tools, and incidentals. No payment will be made for excess thickness
of bedding nor for material required to replace embankment material lost by rain wash, wind
erosion, or otherwise.
Measurement and payment shall be for the unit price bid per cubic yard of riprap and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work. Excavation
for riprap is subsidiary to this item.
Pay Item 53 – Ditch and Channel Excavation, Grading, and Haul Off
The work under this Item shall be performed in accordance with NCTCOG Item 203.2.
This item includes all excavation required for the proposed ditch and channel grading. All other
excavation shall be paid for under “Unclassified Street Excavation”.
The bid total was determined through calculations and will be used for determining final quantity
for payment purposes. Contract adjustment may be made if the actual measured quantity varies
by more than 10% of the total estimated bid quantity amount. Either the OWNER or the
CONTRACTOR may initiate the adjustment. If the adjustment is requested by the
CONTRACTOR, the CONTRACTOR must obtain field measurements and calculations
acceptable to the OWNER justifying the actual quantity. If the adjustment is made by the OWNER,
the revised quantity will constitute the final quantity which payment will be made.
This item shall include all excavation required for the proposed outfall grading for the project.
Refer to Geotechnical Engineering Study prepared by CMJ Engineering on March 2023 for
additional information for material and compaction requirements.
Measurement and payment shall be for the unit price bid per cubic yard of Ditch and Channel
Excavation and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 54-55 – Furnish and Install AWWA C900 DR 18 PVC Water Line By Open Cut
This pay item shall consist of all work associated with providing water line for the project and shall
be in accordance with embedment details and NCTCOG Items 501.14 and 504.2.2.
The bid price for this item shall include site preparation; furnishing, hauling and laying of water
line and fittings; trench excavation, thrust blocking, restraint, backfilling and embedment material
as specified; replacement of topsoil; protecting existing landscaping (including trees), structures
or utilities (where applicable); disposal of surplus materials and excess excavation; cleaning up
and maintenance; sign and pavement marking replacement, surveying and replacement of
monuments; property restoration; removal of mud from roadways; maintaining access to existing
residences; and any incidental work and materials not otherwise provided for in these
specifications. Restrained joint pipe shall be included in this bid item, as required, at bends, tees,
and dead end valves in accordance with Details W10, W11, W12, W18 and the General Notes of
these Plans.
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Item 15.
The Contractor shall be required to perform hydrostatic testing and disinfection for the proposed
water line. The hydrostatic testing and disinfection shall be performed in accordance with
NCTCOG Items 506.5 and 506.7. Payment will be made at the applicable unit price bid in the
Proposal as it corresponds in size and depth to the constructed facility. Payment for water line
shall include any and all extra precautions or construction requirements necessary to adequately
protect and support existing utilities. Payment for water line shall include all costs required to have
utility companies, or other parties, repair any damage inflicted to their lines by the Contractor and
any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by
the Contractor.
Measurement and payment shall be for the unit price bid per linear foot of water line and shall be
full compensation for all labor, materials, and incidentals necessary to complete the work.
Measurement for payment purposes will be done horizontally from the center of the fitting to the
center of the fitting, or end of water line without deduction for intermediate fittings.
Pay Item 56 – Furnish and Install 20” AWWA C900 DR 18 PVC Water Line By Bore
This pay item shall consist of all work associated with providing water line (by bore) for the project
and shall be in accordance with embedment details and NCTCOG Items 501.14 and 503.2.
This bid price includes restrained joint PVC pipe installed in steel casing, as required per Detail
W19 and the General Notes of these Plans. Pipe manufacturer shall be responsible for
determining the total linear footage of restrained pipe required. Where fittings are located adjacent
to steel casing pipe, no thrust restraint contribution shall be allowed for the pipe in the casing.
Restrained joint PVC pipe shall be Diamond Lok-21 as manufactured by Diamond Plastics or
approved equal. Casing spacers, as described in NCTCOG Item 503.2 are also included in this
bid item. Bore and steel casing are NOT included in this pay item.
The Contractor shall be required to perform hydrostatic testing and disinfection for the proposed
water line. The hydrostatic testing and disinfection shall be performed in accordance with
NCTCOG Items 506.5 and 506.7. Payment will be made at the applicable unit price bid in the
Proposal as it corresponds in size and depth to the constructed facility. Payment for water line
shall include any and all extra precautions or construction requirements necessary to adequately
protect and support existing utilities. Payment for water line shall include all costs required to have
utility companies, or other parties, repair any damage inflicted to their lines by the Contractor and
any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by
the Contractor.
Measurement and payment shall be for the unit price bid per linear foot of restrained joint water
line and shall be full compensation for all labor, materials, and incidentals necessary to complete
the work. Measurement for payment purposes will be done horizontally from the center of the
fitting to the center of the fitting, or end of water line without deduction for intermediate fittings.
Pay Item 57 – Furnish and Install 12” Gate Valve (AWWA C509)
This pay item shall consist of all work associated with providing 12” gate valves for the project
and shall be in accordance with the General Notes of these Plans and NCTCOG Item 502.6.2.
The bid price for gate valves should include mechanical restraint, connections as noted on the
plans, polywrap, extension pipe, box and cover, concrete base block, and all other items
described in Town General Notes.
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Measurement and payment shall be for the unit price bid per each valve and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 58 – Furnish and Install 20” Butterfly Valve (AWWA C504)
This pay item shall consist of all work associated with providing 20” butterfly valves for the project
and shall be in accordance with the General Notes of these Plans and NCTCOG Item 502.6.5.
The bid price for butterfly valves should include mechanical restraint, connections as noted on
the plans, polywrap, extension pipe, box and cover, concrete base block, and all other items
described in Detail W07.
Measurement and payment shall be for the unit price bid per each valve and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 59 – Furnish and Install Fire Hydrant Assembly (Includes Lead/Gate Valve)
This pay item shall consist of all work associated with providing Fire Hydrants for the project and
shall be in accordance with the General Notes of these Plans and NCTCOG Item 502.3
The bid price for fire hydrant assemblies should include fire hydrant, 6” gate valve in accordance
with the General Notes of these Plans and NCTCOG 502.6.2, installation of lead pipe, fittings,
polywrap, concrete blocking and pad, and all other items described in Details W01, 02, and 03.
Measurement and payment shall be for the unit price bid per each fire hydrant and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 60 – Furnish and Install 2” Air Release Valve And Vault (C512)
This pay item shall consist of all work associated with providing air release valve assembly for the
project and shall be in accordance with Detail W08 and NCTCOG Item 502.6.3.
This bid item shall consist of furnishing all tools, equipment, materials, and labor including
excavation, bedding, backfill, compaction, valves, valve boxes, concrete vaults, blocking, and
other appurtenances as necessary to install complete the air release valve assembly.
Measurement and payment shall be for the unit price bid per each air release valve assembly and
vault and shall be full compensation for all labor, materials, and incidentals necessary to complete
the work.
Pay Item 61 – Connect to Existing Water Line
This pay item shall consist of all work associated with connections to existing water lines for the
project and shall be in accordance with general notes and NCTCOG Item 506.6.
This item shall consist of furnishing all the labor, materials, tools and equipment necessary to
locate, cut, and connect the proposed water line to an existing water line. The bid price shall
include all excavation and disposal of excavated soil, pavement and concrete; furnishing, hauling,
and laying of pipe fittings and thrust restraint; protection of existing structures and utilities;
property restoration; clean-up; and any incidental work and materials not otherwise provided for
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in these specifications. The Contractor is responsible for locating the existing water line and
determining the existing pipe material. All the work associated with the connection due to location
shall be included in the bid price.
Measurement and payment shall be for the unit price bid per each connection and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 62 – Furnish and Install Bore and 36” Steel Casing
This pay item shall consist of all work associated with providing 36” steel casing for the project
and shall be in in accordance with Detail W19, the General Notes of these Plans, and NCTCOG
Item 503.3.3.3.
This bid item shall include all equipment; steel casing pipe; excavation; hauling; dewatering;
disposal of surplus or unsuitable materials; completion of the bore; contact grouting; furnishing,
placement, and compaction of backfill; clean-up; and all other incidental work.
Steel casing pipe shall have a minimum wall thickness of 0.625” (5/8) and shall be coated and
lined according to AWWA C210.
Support and protection of existing utilities will not be measured or paid for separately and shall be
included in this bid item. Casing spacers and carrier pipe are NOT included in this bid item.
Measurement and payment shall be for the unit price bid per linear foot of bore and steel casing
installed and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work. Installation of steel casing pipe by bore will be measured and paid for by the
linear foot horizontally along the pipe centerline, in place.
Pay Item 63 – Prepare and Implement Trench Excavation Protection (Water System)
This pay item shall consist of all work associated with providing Trench Excavation Protection for
the project and shall be performed in accordance with NCTCOG Item 107.20.3, plans, details,
and general notes.
Measurement and payment shall be for the unit price bid per linear foot of Trench Excavation
Protection and shall be full compensation for all labor, materials, and incidentals necessary to
complete the work.
Pay Item 64 – Construct Cement Stabilized Abutment Backfill
This pay item shall consist of all work associated with providing cement stabilized backfill for
abutments in accordance with TxDOT Item 400. Limits of backfill shall be in accordance with
“Option 2 – Plan with Wingwalls” as shown on the plans. Flowable fill alternatives shall be
submitted for owner and geotechnical engineer review.
Measurement and payment shall be for the unit price bid per cub yard of backfill material and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
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Pay Item 65-66 – Construct Drill Shaft
This pay item shall consist of all work associated with constructing reinforced concrete drilled
shafts in accordance with TxDOT Item 416.
Measurement and payment shall be for the unit price bid per linear foot of drilled shaft and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 67-70 – Construct Class C Concrete (HPC)
This pay item shall consist of all work associated with constructing reinforced concrete for
abutments, columns, caps, and wingwalls in accordance with TxDOT Item 420.
Measurement and payment shall be for the unit price bid per cubic yard of concrete installed and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 71 – Furnish and Install Prestressed Concrete Girder (TX46)
This pay item shall consist of all work associated with constructing reinforced concrete for
abutments, columns, caps, and wingwalls in accordance with TxDOT Item 420.
Measurement and payment shall be for the unit price bid per linear foot of girder and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 72 – Construct Reinforced Concrete Slab (HPC)
This pay item shall consist of all work associated with constructing reinforced concrete bridge slab
in accordance with TxDOT Item 422.
Measurement and payment shall be for the unit price bid per square foot of concrete slab and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 73 – Construct Approach Slab (HPC)
This pay item shall consist of all work associated with constructing reinforced concrete approach
slab in accordance with TxDOT Item 422.
Measurement and payment shall be for the unit price bid per cubic yard of approach slab and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 74 – Construct Bridge Median (HPC) (Stamped and Stained)
This pay item shall consist of all work associated with constructing the raised bridge median in
accordance with TxDOT Item 422. All work associated with stamping and staining concrete in
accordance with the plans and landscape architect requirements are subsidiary to this item.
Contractor shall construct mock-ups of stamped and stained concrete for owner review and
approval prior to construction of this item.
Measurement and payment shall be for the unit price bid per square foot of raised median on
bridge and approach slab, and shall be full compensation for all labor, materials, and incidentals
necessary to complete the work.
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Pay Item 75 – Furnish and Install Elastomeric Bearing Pads (Laminated)
This pay item shall consist of all work associated with furnishing and installing elastomeric bearing
pads in accordance with TxDOT Item 434.
Measurement and payment shall be for the unit price bid per each bearing pad and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 76 – Furnish and Install Rail (TY C402) (HPC)
This pay item shall consist of all work associated with furnishing and installing Type C402 rails in
accordance with TxDOT Item 450. All work associated with aesthetic treatment of combination
rails in accordance with the plans and landscape architect requirements are subsidiary to this
item. Contractor shall construct mock-ups of aesthetically treated concrete for owner review and
approval prior to construction of this item.
Measurement and payment shall be for the unit price bid per linear foot of rail and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 77 – Furnish and Install Rail (Town Standard Pedestrian Rail)
This pay item shall consist of all work associated with furnishing and installing Town Standard
pedestrian rails in accordance with TxDOT Item 450 and the requirements shown on the plans.
Pedestrian rails shall be hot-dipped galvanized and shop painted “Prosper Brown” (RAL 8008)
with a coating system approved for use in accordance with TxDOT Item 445.
Measurement and payment shall be for the unit price bid per linear foot of rail and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 78 – Construct Sealed Expansion Joint (4 “) (SEJ-M)
This pay item shall consist of all work associated with constructing sealed expansion joints in
accordance with TxDOT Item 454.
Measurement and payment shall be for the unit price bid per linear foot of expansion joint and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 79 – Furnish and Install Structural Steel (Miscellaneous Bridge) (BS-EJCP)
This pay item shall consist of all work associated with furnishing and installing steel sidewalk
expansion joint cover plates in accordance with TxDOT Item 442.
Measurement and payment shall be for the unit price bid per pound of steel and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 80 – Construct Concrete Mow Edge (P-1)
This pay item shall consist of the installation of 12” wide x 6” deep concrete mow edge in medians
between planting beds and sod areas in accordance with the Concrete Paving specification in the
Landscape Plans.
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Contractor to stake the location the centerline of mow edge in field and obtain Town’s
representative approval prior to forming.
Unless otherwise noted, concrete to be integral colored concrete with a rough trowel finish, and
have minimum 3,000 psi strength at 28 days (reference Landscape Plans for full description).
Measurement and payment shall be for the unit price bid per linear foot of concrete mow strip and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 81 – Construct Median Nose Paving (Stamped and Stained) (P-2)
This pay item shall consist of the installation of stamped and stained concrete at the nose of each
median in accordance with the Concrete Paving specification in the Landscape Plans.
Unless otherwise noted, concrete to be integral colored concrete with color and pattern to meet
the Town standard, and to have minimum 3,000 psi strength at 28 days (reference Sheet 140 for
full description).
Measurement and payment shall be for the unit price bid per square foot of paving and shall be
full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 82 – Construct Maintenance Ramp (P-3)
This pay item shall consist of the installation of Town standard concrete maintenance ramps at
the locations shown on Landscape Plans in accordance with Concrete Paving specification and
the construction detail in the Landscape Plans.
Unless otherwise noted, concrete to be stamped and stained concrete with a medium broom
finish, and have minimum 3,000 psi strength at 28 days (reference Landscape Plans for full
description).
Measurement and payment shall be for the unit price bid per each ramp and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 83 – Furnish and Install Decorative Gravel (Colorado River Rock) (AG-1)
This pay item shall consist of furnishing and installation of decorative gravel to meet Town
standards and in accordance with the construction details and specifications in the Landscape
Plans.
Decorative gravel to be Colorado River Rock with a range of aggregate sizes from 2” – 4”
diameter. Gravel to be installed to 8” minimum depth.
Measurement and payment shall be for the unit price bid per square foot of decorative gravel and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 84 – Furnish and Install Monument Sign
This pay item shall consist of furnishing and installation of Town Monument sign to meet Town
standards and in accordance with the construction details in the Landscape Plans.
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Measurement and payment shall be for the unit price bid per each sign and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 85 – Furnish and Install Steel Edge (M-1)
This pay item shall consist of furnishing and installation of 3/16” x 4” steel plate between planting
bed and sod area in accordance with item description in the Landscape Plans.
Steel edge to be black with a powdercoat finish, and all seams to be flush and level. Contractor
to submit cut sheet for approval prior to install.
Measurement and payment shall be for the unit price bid per linear foot of steel edge and shall be
full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 86-91 – Furnish, Plant, and Establish Various Trees
This pay item shall consist of furnishing and installation of Bald Cypress tree in accordance with
the Planting Specifications and to meet the full description in the Landscape Plans.
All plant material shall be measured according to the latest edition of the Texas Nursery &
Landscape Association Specifications, Grades and Standards. It is the contractor’s responsibility
that all plant material meets the Town standards as written in the Landscape Plans.
Alternative species acceptable if Christiana Crape Myrtles are not available due to supply: Tonto
Crape Myrtle, Centennial Crape Myrtle, Spirit Crape Myrtle, or Siren Red Crape Myrtle.
Contractor shall be responsible for irrigating vegetation until establishment.
Measurement and payment shall be for the unit price bid per each tree and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 92-96 – Furnish, Plant, and Establish Various Plantings
The work under this item shall be to furnish and install various planting in accordance with the
Planting Specifications and to meet the full description in the Landscape Plans.
All plant material shall be measured according to the latest edition of the Texas Nursery &
Landscape Association Specifications, Grades and Standards. It is the contractor’s responsibility
that all plant material meets the Town standards as written in the Landscape Plans.
Contractor shall be responsible for irrigating vegetation until establishment.
Measurement and payment shall be for the unit price bid per each planting and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
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Pay Item 97 – Furnish, Plant, and Establish Palisades Zoysia With 4" Topsoil (Median),
Including All Incidentals
The work under this item shall be to furnish and install 24” wide strips of Palisades Zoysia Sod in
accordance with the Turf and Grasses Specifications and to meet the full description in the
Landscape Plans.
All plant material shall be measured according to the latest edition of the Texas Nursery &
Landscape Association Specifications, Grades and Standards. It is the contractor’s responsibility
that all plant material meets the Town standards as written in the Landscape Plans.
Contractor shall be responsible for irrigating vegetation until establishment.
Measurement and payment shall be for the unit price bid per square foot of sod and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 98 - Furnish, Plant, and Establish Bermuda Sod With 4" Topsoil (Parkway and
Slopes), Including All Incidentals
The work under this item shall be to furnish and install 24” wide strips of Bermuda Sod in
accordance with the Turf and Grasses Specifications in the Landscape Plans.
All plant material shall be measured according to the latest edition of the Texas Nursery &
Landscape Association Specifications, Grades and Standards. It is the contractor’s responsibility
that all plant material meets the Town standards as written in the Landscape Plans.
Contractor shall be responsible for irrigating vegetation until establishment.
Measurement and payment shall be for the unit price bid per square foot of sod and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 99 – Furnish, Plant, and Establish Bermuda Hydromulch, Including All Incidentals
The work under this item shall be to furnish and install Hydromulch in accordance with the Turf
and Grasses Specifications in the Landscape Plans.
All plant material shall be measured according to the latest edition of the Texas Nursery &
Landscape Association Specifications, Grades and Standards. It is the contractor’s responsibility
that all plant material meets the Town standards as written in the Landscape Plans.
Partial payments for Hydromulch shall be paid for with the regular monthly estimates as follows:
a.When Hydromulch has been placed and planted, 50% of the total unit placed bid will
be paid.
b.Payment for the remainder of the bid for Hydromulch will be made once Hydromulch
is established.
Contractor shall be responsible for irrigating vegetation until establishment.
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Item 15.
Measurement and payment shall be for the unit price bid per square foot of hydromulch and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 100 – Furnish and Install Bed Prep, Including All Incidentals
The work under this item shall be to prepare landscape beds for planting by replacing the top 4”
of existing soils from all planting areas and replace with 4”-6” of approved top soil blend as
specified in the Special Notes in the Landscape Plans.
It is the contractor’s responsibility that all planting beds and turf areas have soil prepared as
written in the Planting Specifications in the Landscape Plans.
Measurement and payment shall be for the unit price bid per square foot of planting bed soil and
shall be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 101 – Furnish and Install Mulch, Including All Incidentals
The work under this item shall be to install mulch layer at all planting beds. Mulch is to be partially
decomposed fine shredded Cedar mulch. Contractor will installed a 3” mulch layer at all plant
material per the Planting Specifications in the Landscape Plans.
Measurement and payment shall be for the unit price bid per square foot of planting bed mulch
and shall be full compensation for all labor, materials, and incidentals necessary to complete the
work.
Pay Item 102 – Furnish and Install Permanent Irrigation (Median), Including All Incidentals
The work under this item shall be performed in accordance with the written specifications in the
plans. It is the contractor’s responsibility to verify all quantities of irrigation prior to bidding and
prior to install.
Permanent irrigation to by installed in medians as laid out in the Plans. Unless indicated otherwise
with a specific pay item, all work to furnish and install permanent irrigation for the project will be
considered subsidiary to this item. Subsidiary items include, but are not limited to: pressure
testing, mainline, laterals, electrical power, wiring, valves and valve boxes, irrigation sleeves
under pavement, swing joints, driplines, controllers, meters, back flow, rain sensors, spray heads,
bubblers, fittings, PVC cement, trenching and backfill, etc.
This item includes all work required to bore conduit under pavement if needed. Conduit shall be
installed under the subgrade so that future grading and pavement construction does not damage
the conduit. This work shall be performed in accordance with TxDOT Item 618 and requirement
under Pay Item 105.
This item includes all work associated with providing electrical service and connecting to the
irrigation controller.
The irrigation installation and system must be installed in accordance with the Special Notes
included in the Plans.
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Measurement and payment shall be for the unit price bid per square foot of irrigation and shall be
full compensation for all labor, materials, and incidentals necessary to complete all permanent
irrigation work on the project.
Pay Item 103 – Furnish and Install Temporary Irrigation System (Parkway and Slopes),
Including All Incidentals
The work under this item shall be performed in accordance with the written specifications in the
plans. It is the contractor’s responsibility to verify all quantities of irrigation prior to bidding and
prior to install.
Temporary irrigation to by installed along curbs/sidewalks in R.O.W. as laid out in the plans.
The irrigation installation and system must be installed in accordance with the Special Notes
included in the plans. Unless indicated otherwise with a specific pay item, all work to furnish and
install temporary irrigation for the project will be considered subsidiary to this item. Subsidiary
items include, but are not limited to: pressure testing, mainline, laterals, electrical power, wiring,
valves and valve boxes, irrigation sleeves under pavement, swing joints, driplines, controllers,
meters, back flow, rain sensors, spray heads, bubblers, fittings, PVC cement, trenching and
backfill, etc.
Measurement and payment shall be for the unit price bid per square foot of temporary irrigation
and shall be full compensation for all labor, materials, and incidentals necessary to complete all
temporary irrigation work on the project.
Pay Item 104 – Furnish and Install Condt (PVC) (SCHD 40) (2”)
The work under this Item shall be to furnish and install PVC conduit and shall be performed in
accordance with TxDOT Item 618. This Item shall include all tools, labor, materials, and
incidentals necessary to complete the work.
There shall be no extra compensation if Contractor chooses to bore conduit rather than trench.
Contractor shall secure permission from the proper authority and the approval of the Town prior
to cutting into or removing any sidewalks or curbs, which may be required for installation. The
locations of conduit and ground boxes are diagrammatic only and may be shifted with Town
approval to accommodate field conditions.
The Contractor shall install a non-metallic pull rope in conduit runs in excess of 50 feet.
Measurement and payment shall be for the unit price bid per linear foot of PVC conduit and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 105 – Furnish and Install Condt (PVC) (SCHD 40) (2”) (Bore) (Allowance)
The work under this Item shall be to furnish and install PVC conduit and shall be performed in
accordance with TxDOT Item 618. This Item shall include all tools, labor, materials, and
incidentals necessary to complete the work.
Contractor shall secure permission from the proper authority and the approval of the Town prior
to cutting into or removing any sidewalks or curbs, which may be required for installation. The
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Item 15.
locations of conduit and ground boxes are diagrammatic only and may be shifted with Town
approval to accommodate field conditions.
The Contractor shall install a non-metallic pull rope in conduit runs in excess of 50 feet.
Conduit shall be placed under existing pavement by an approved boring method unless otherwise
directed by the Town. Pits for boring shall not be closer than 2 feet from the edge of the pavement
unless otherwise directed by the Town. Water jetting will not be permitted. When boring is used
under pavement conduit installations, the maximum allowable over-cut shall be 1 inch in diameter.
When conduits are bored, the vertical and horizontal tolerances shall not exceed 18” as measured
from the intended target point. All conduit shall be installed at a minimum depth of 36” below grade
measured from the bottom of the concrete slab. The use of pneumatically driven device for
punching holes beneath the pavement (commonly known as a “missile”) will not be permitted.
This is an allowance item and shall only be used when directed by the OWNER.
Measurement and payment shall be for the unit price bid per linear foot of PVC conduit and shall
be full compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Item 106 – Furnish and Install Ground Box TY C (162911) W/ Apron
The work under this Item shall be to furnish and install Ground Box TY C (162911) W / Apron and
shall be performed in accordance with TxDOT Item 624. This Item shall include all tools, labor,
materials, and incidentals necessary to complete the work.
Ground boxes to be offset at least 2.5 feet from edge of curb to edge of ground box. For narrow
medians with limited space, ground boxes to be centered in the median.
All ground boxes used for lighting shall have "LIGHTING" and "DANGER-HIGH VOLTAGE"
imprinted on the cover.
Measurement and payment shall be for the unit price bid per each ground box and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
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Item 15.
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: Bid Award: Dallas North Tollway (Prosper Trail - Frontier) 12-inch Water Line
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon awarding CSP No. 2024-11-B to Maya Underground Contractors LLC, related
to construction services for the Dallas North Tollway (Prosper Trail - Frontier) 12-inch Water Line
project; and authorizing the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On December 14, 2023, at 3:00 PM, nine (9) Competitive Sealed Proposals were received for the
Dallas North Tollway (Prosper Trail - Frontier) 12-inch Water Line project. The project consists of all
work needed to construct a 12” water line along the west side of the Dallas North Tollway from
Prosper Trail to Frontier Parkway and extension along the south side of Frontier Parkway from the
west side of the Dallas North Tollway to the east side of the Dallas North Tollway. The proposed 12”
water line will provide the water service needed to facilitate the current development at the southeast
corner of the Dallas North Tollway and Frontier Parkway as well as future planned developments
along the west side of the Dallas North Tollway between Prosper Trail and Frontier Parkway.
The project was advertised using the Competitive Sealed Proposal Construction alternative
procurement method to allow the Town to award the projects to the contractor that offers the best
value proposal based on the following criteria, which includes recently revised standard percentages
based on direction from the Town Council:
Qualifications and Experience (10%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (25%)
Cost Proposal (65%)
ENGINEERING
SERVICES
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Item 16.
Page 2 of 2
The verified proposal totals ranged between $1,114,647.00 and $2,307,344.00. The Engineer's
Estimate was $2,539,748.00. The proposal’s final completion times ranged from 60 calendar days
to 210 calendar days. Maya Underground Contractors LLC, was the firm that ranked the highest after
consideration of Costs, Time, and Qualifications with a cost of $1,198,943.50, and a project timeline
of 60 calendar days. The contractor that provided the proposal with the lowest cost had a project
timeline of 130 days, more than twice the time of the proposal from Maya Underground Contractors
LLC. Maya Underground Contractors LLC, has not performed a project in the Town of Prosper but
has successfully completed similar water line projects for the City of Azle, City of Hackberry, and
City of Celina. Staff checked the references provided and received positive feedback.
Construction of the water line between the western right-of-way line and the back of curb of the
southbound Dallas North Tollway service road, is in an area that has not yet been developed and
does not have franchise utilities allowing Maya Underground Contractors LLC, the opportunity to
complete the project in the proposed shorter timeline. The proposed shorter timeline with also
provide reduced impacts to traffic along the southbound service road since there will need to be
periodic single lane closures during the installation.
Budget Impact:
The cost for the construction of the project is $1,198,943.50. The construction budget for the project
is $2,500,000 in Account No. 760-6610-10-00-2151-WA.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attachments:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award CSP No. 2024-11-B to Maya Underground
Contractors LLC, related to construction services for the Dallas North Tollway (Prosper Trail -
Frontier) 12-inch Water Line project; and authorizing the Town Manager to execute a construction
agreement for same.
Proposed Motion:
I move to award CSP No. 2024-11-B to Maya Underground Contractors LLC, related to construction
services for the Dallas North Tollway (Prosper Trail - Frontier) 12-inch Water Line project; and
authorize the Town Manager to execute a construction agreement for same.
Page 226
Item 16.
LOCATION MAP
Dallas Parkway 12” Water Main
Prosper Trail to Frontier Parkway
Page 227
Item 16.
TOWN OF PROSPER
PROPOSAL TABULATION SUMMARY
Solicitation Number
Solicitation Title
Close Date
Responding Supplier City State Response Submitted Response Total Total Days
Wilson Contractor Services Denton TX 12/14/2023 10:21:45 AM (CT)$1,114,647.00 130
Maya Underground Contractors LLC weston TX 12/14/2023 12:43:35 PM (CT)$1,198,943.50 60
BRCT LLC DBA BLACKROCK CONSTRUCTION Mansfield TX 12/14/2023 11:43:16 AM (CT)$1,347,564.00 150
J&L Construction, LLC Denton TX 12/14/2023 10:24:22 AM (CT)$1,458,804.42 120
A&M Construction & Utilities, Inc.Rowlett TX 12/14/2023 01:41:56 PM (CT)$1,620,232.50 130
Reyes Group Ltd Grand Prairie TX 12/14/2023 11:36:56 AM (CT)$1,885,639.00 145
Western Municipal Construction of Texas, LLC.Justin TX 12/14/2023 09:42:56 AM (CT)$1,991,962.49 210
FM Utilities, LLC Midlothian TX 12/14/2023 01:06:33 PM (CT)$2,179,426.95 150
A & B CONSTRUCTION LLC Dallas TX 12/14/2023 08:06:11 AM (CT)$2,307,344.00 210
Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:December 14, 2023
Purchasing Manager
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed
as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination
as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to
the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses
received will be available for inspection at that time.
CSP No. 2024-11-B
Dallas North Tollway (Prosper Trail-Frontier) 12-inch Water Line CIP 2151-WA
12/14/2023 @ 2:00PM
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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: Property Acquisition: Craig Road (Preston - Fifth)
Town Council Meeting – January 23, 2024
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring
the public necessity to acquire certain properties for right-of-way, drainage easements, a water
easement, a street easement, a sidewalk easement and temporary construction easements for
the construction of the Craig Road (Preston - Fifth) 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.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the Craig Road
(Preston - Fifth) project. To facilitate the construction of the project, it is necessary for the Town to
acquire several parcels of right-of-way, drainage easements, a street easement, a sidewalk
easement, and temporary construction easements. The thirteen (13) properties are identified in
the attached resolution, and the location map included with this agenda item depicts the properties
affected. As with other similar road construction projects, 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.
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 resolution as to form and legality.
ENGINEEERING
SERVICES
Page 252
Item 17.
Page 2 of 2
Attached Documents:
1. Resolution
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council approve the attached resolution declaring the
public necessity to acquire certain properties for right-of-way, drainage easements, a street
easement, a sidewalk easement, and temporary construction easements for the construction of
the Craig Road (Preston - Fifth) 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.
Proposed Motion:
I move to approve the attached resolution declaring the public necessity to acquire certain
properties for right-of-way, drainage easements, a street easement, a sidewalk easement, and
temporary construction easements, for the construction of the Craig Road (Preston - Fifth) project
with such properties being more particularly described in the attached resolution; 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.
Please note: Pursuant to Section 2206.053(c) of the Texas Government Code, if two (2) or
more councilmembers object to adopting this single Resolution for all the properties
referenced therein, a separate record vote must be taken for each unit of property.
This item requires a roll call vote.
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Item 17.
Resolution 2024-XX, Page 5
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2024-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL
PROPERTIES FOR RIGHT-OF WAY, DRAINAGE EASEMENTS, A STREET
EASEMENT, A SIDEWALK EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE CONSTRUCTION OF THE CRAIG ROAD (PRESTON -
FIFTH) PROJECT; DETERMINING THE PUBLIC USE AND NECESSITY FOR
SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY
RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER
AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, 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;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that there exists a public necessity to acquire certain property interests for the
construction of the Craig Road (Preston - Fifth) project, the location of which is generally set forth
in the exhibits attached to this resolution; and
WHEREAS, the Town Council desires to acquire the property interests (collectively
referred to as the “Property”), as more particularly described in the exhibits attached to this
Resolution, for this governmental and public use in conjunction with the Town of Prosper’s
construction of the Craig Road (Preston - Fifth) project (“Project”); and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the following Property for the Project, as more particularly
described in the Exhibits referenced herein:
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Item 17.
Resolution No. 2024-XX, Page 2
EXHIBIT DESCRIPTION / INTEREST TO BE ACQUIRED
1 Parcel 1 Approximately 0.0180 acres of real property for drainage easement, and 0.0268
acres of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
Texas and being part of that certain tract of land described in recorded Instrument
20160111000032200 of the Official Public Records of Collin County, Texas
2 Parcel 2 Approximately 0.0545 acres of real property for drainage easement situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described in recorded Instrument
Number 2021081101616800 of the Official Public Records of Collin County, Texas
3 Parcel 3 Approximately 0.0265 acres of real property for drainage easement situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described in recorded Instrument
Number 20061026010004670 of the Official Public Records of Collin County, Texas
4 Parcel 4 Approximately 0.0188 acres of real property for drainage easement situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described in recorded Instrument
Number 20061026010004670 of the Official Public Records of Collin County, Texas
5 Parcel 5 Approximately 0.0172 acres of real property for drainage easement situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described in recorded Instrument
Number 20170821001115710 of the Official Public Records of Collin County, Texas
6 Parcel 6 Approximately 0.0072 acres of real property for right-of-way, and 0.0126 acres
of real property for drainage easement situated generally in the Collin County School Land
Survey No. 12, Abstract Number 147, Collin County, Texas and being part of that certain
tract of land described in General Warranty Deed recorded in Volume 5934, page 4122
of the Official Public Records of Collin County, Texas
7 Parcel 7 Approximately 0.1262 acres of real property for right-of-way, and 0.0087 acres
of real property for drainage easement, situated generally in the Collin County School
Land Survey No. 12, Abstract Number 147, Collin County, Texas and being part of that
certain tract of land described in Special Warranty Deed recorded in Volume 5652, page
4183 of the Official Public Records of Collin County, Texas
8 Parcel 8 Approximately 0.0691 acres of real property for right-of-way, and 0.0144 acres
of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described in Warranty Deed recorded in Instrument
Number 20081126001370530 of the Official Public Records of Collin County, Texas
9 Parcel 9 Approximately 0.0557 acres of real property for right-of-way, and 0.0278 acres
of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
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Item 17.
Resolution No. 2024-XX, Page 3
part of that certain tract of land described in Warranty Deed recorded in Volume 5561,
Page 231 of the Official Public Records of Collin County, Texas
10 Parcel 10 Approximately 0.0727 acres of real property for right-of-way situated generally
in the Collin County School Land Survey No. 12, Abstract Number 147, Collin County,
Texas and being part of that certain tract of land described in Deed recorded in Volume
796, Page 459 of the Official Public Records of Collin County, Texas
11 Parcel 11 Approximately 0.0352 acres of real property for sidewalk easement, and 0.0476
acres of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described in Special Warranty Deed recorded in
Instrument Number 20170811001072350 of the Official Public Records of Collin County,
Texas
12 Parcel 12 Approximately 0.0260 acres of real property for street easement, and 0.0168
acres of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described in General Warranty Deed recorded in
Instrument Number 20170803001030760 of the Official Public Records of Collin County,
Texas; said in addition to the plat recorded in Cabinet Q, Page 413, Plat Records, Collin
County Texas
13 Parcel 13 Approximately 0.0119 acres of real property for water easement, and 0.0211
acres of real property for temporary construction easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described in Special Warranty Deed recorded in
Instrument Number 20170403000417550 of the Official Public Records of Collin County,
Texas; said in addition to the plat recorded Instrument Number 20170811001072350 of
the Official Public Records of Collin County, Texas
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
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Item 17.
Resolution No. 2024-XX, Page 4
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the n eeded
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 23RD DAY OF JANUARY, 2024.
___________________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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Item 17.
Craig Road (Preston-Fifth) Right-of-way and Easement Acquisition
Overall Location Map
Right-of-way
Right-of-way & Easement
Easement
#
#
#
#1
#2
#3
#6
#7
#13 #9
#10
#8
#11
#12
#5 #4
PARCEL # OWNER Right- of way
(acres)
Drainage Easement
(acres)
Temporary Construction
Easement (acres)
Water Easement
(acres)
Street Easement
(acres)
Sidewalk Easement
(acres)
1 EASTERN HEIGHTS SUBDIVISION 0.0180 0.0268
2 PROSPER TEXAS CAPITAL , LLC 0.0545
3 TOWSON ADDITION, LOT 2 0.0265
4 TOWSON ADDITION, LOT 1 0.0188
5 CRAIG SERIES 0.0172
6 PAUL A. BASDEN 0.0072 0.0126
7 THE MAHARD 2003 PARTNERSHIP, LP 0.1262 0.0087
8 CLAYTON WALVOOD & MEGAN WALVOORD 0.069 0.0144
9 JIM C. SPRADLEY & CAROL SPRADLEY 0.0557 0.0278
10 BOBBY D. JONES & WANDA L. JONES 0.0727
11 TEXAS BANK 0.0476 0.0352
12 VILLAGE OF PROSPER 0.0168 0.0260
13 STANTON ADDITION 0.0211 0.0119
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